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2003 03 04 CCpp000, I COOPxeM G 4�' OF T9 IV. 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, March 4, 2003 - 2:00 PM Beginning Resolution No. 2003-015 Ordinance. No. 381 CALL TO ORDER ROLL CALL: Council Members: Henderson, Osborne, Perkins, Sniff, Mayor Adolph 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 (3) minutes. Please watch the timing device on the podium. CLOSED SESSION 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. I City Council Agenda Page 1 March 4, 2003 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 (3) 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 1. PROCLAMATION - HONEY ATKINS DAY IN LA QUINTA Vill. WRITTEN CORRESPONDENCE 1. LETTER FROM THE WORLD AFFAIRS COUNCIL OF THE DESERT. 2. LETTER FROM THE DESERT CHAPTER OF THE BUILDING INDUSTRY ASSOCIATION. IX. APPROVAL OF MINUTES 1. APPROVAL OF THE MINUTES OF FEBRUARY 18, 2003. 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 MARCH 4, 2003. 2. APPROVAL OF REQUEST FOR PROPOSALS FOR THE LA QUINTA PARK - INTERACTIVE WATER FEATURE ARTWORK. 4 XI. XII. 3. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 30331, LA QUINTA TALANTE, LLC. 4. APPROVAL, OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RBF CONSULTING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE EISENHOWER DRIVE MEDIAN ISLAND AND MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT 2001-02A. 5. APPROVAL OF A REQUEST FOR PROPOSAL (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE HIGHWAY 111 STREET IMPROVEMENTS, FROM SIMON DRIVE TO ADAMS STREET, AND APPOINT A CONSULTANT SELECTION COMMITTEE. 6. APPROVAL OF AWARD OF CONTRACT TO FURNISH AND INSTALL MODULAR SKATE PARK EQUIPMENT FOR PROJECT NO. 2000-15b, FRITZ BURNS PARK IMPROVEMENTS. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION, PLANNING MANAGER, AND PRINCIPAL PLANNER TO ATTEND THE 28T" ANNUAL CALIFORNIA PRESERVATION CONFERENCE TO BE HELD IN SANTA BARBARA, APRIL 24-27, 2003. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE CITY CLERKS ASSOCIATION ANNUAL INSTITUTE TO BE HELD IN SAN FRANCISCO, APRIL 15-18, 2003 BUSINESS SESSION 1. CONSIDERATION OF A FIREWORKS PRESENTATION AT THE CULTURAL ARTS COMMISSION'S SPRING EVENT. A. MINUTE ORDER ACTION. STUDY SESSION 1. DISCUSSION OF CITY COUNCIL GOALS XIII. REPORTS AND INFORMATIONAL ITEMS 1. CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PERKINS) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE (HENDERSON) City Council Agenda Page 3 March 4, 2003 XIII. REPORTS AND INFORMATIONAL ITEMS (Continued) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 1 1 . RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. COMMUNITY SERVICES COMMISSION MINUTES OF DECEMBER 9, 2002 AND JANUARY 13, 2003. 17. CULTURAL ARTS COMMISSION MINUTES OF JANUARY 9, 2003. 18. INVESTMENT ADVISORY BOARD MINUTES OF JANUARY 8, 2003. XIV. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT - NONE 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY REPORT - NONE 5. COMMUNITY DEVELOPMENT REPORT A. REPORT ON LANDSCAPING AT THE SOUTHEAST CORNER OF HIGHWAY 1 1 1 AND WASHINGTON STREET - LA QUINTA COURT. 6. COMMUNITY SERVICES REPORT - NONE 7. FINANCE DIRECTOR - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE 9. POLICE CHIEF REPORT - NONE XV. MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. 4 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 1. ADAMS SCHOOL ART WALL 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 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. 1. PUBLIC HEARING TO CONSIDER AN ACT ON AN APPEAL OF THE PLANNING COMMISSION'S DECISION OF JANUARY 28, 2003, ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (EA 2002-460), AND APPROVE SITE DEVELOPMENT PERMIT 2002-753, SUBJECT TO FINDINGS AND CONDITIONS, TO ALLOW A 14,560 SQUARE FOOT DRUG AND RETAIL STORE ON A 4.03-ACRE SITE, LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 48. APPELLANT: RANCHO LA QUINTA HOMEOWNERS ASSOCIATION. A. RESOLUTION ACTIONS 2. PUBLIC HEARING ON SPECIFIC PLAN 99-036 AMENDMENT NO. 2 (LA QUINTA CORPORATE CENTRE) AND SITE DEVELOPMENT PERMIT 2002-756, A REQUEST TO: 1) ADOPT RESOLUTIONS TO MODIFY THE DEVELOPMENT STANDARD FOR AN UNDER CONSTRUCTION 36 + ACRE COMMERCIAL/LIGHT INDUSTRIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF HIGHWAY 111 AND APPROXIMATELY 300 FEET EAST OF ADAMS STREET AND WEST OF DUNE PALMS ROAD; AND 2) APPROVING A TWO-STORY COMMERCIAL BUILDING OF 15, 248 SQUARE FEET ON ONE ACRE AT THE SOUTHWEST CORNER OF CORPORATE CENTRE DRIVE AND DUNE PALMS ROAD (78-441 CORPORATE CENTRE DRIVE) APPLICANT: DAVID AND JAMIE REULMAN (RADIO ACTIVE). A. RESOLUTION ACTIONS City Council Agenda Page 5 March 4, 2003 XIX. ADJOURNMENT Adjourn to a regularly scheduled City Council Meeting to be held March 18, 2003, at 2:00 PM in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253, commencing with closed session items at 2:00 p.m. and open business session at 3:00 p.m. 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, March 4, 2003, 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, February 28, 2003. DATED: February 28, 2003 JUNE S. 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 PM session or the 7:00 PM session. Di WRITTEN CORRESPONDENCE ITEM: �AAv Directors & Officers: (�t J i President: Dr. Ward A. Fredericks WORLD AFFAIRS COUNCIL of the DESERT Vice President Mrs. Wendy J. Flint 760-322-7711 ksecretary@dc.rr.com Vice President Mr. Jack Brown Chief Financial Officer: February 14 2003 Mr. James L. Owens Secretary: Mr. Donald B. Prell Mr. Donald Adolph, Mayor "ts.R"WUtM W Mr. Stanley Sniff, Mayor Pro Tem Mr. Morris R. Beschloss Mrs. Lois Smith Bupp La Quinta City Hall Mrs. Dorothy L. Cohn 7g_495 Calle Tampico Dr. Robert du Roy P Mr. Marvin Epstein La Qinta, CA 92220 Mr. Mark Harper Mr. Dana Hobart Mr. Rick Stein Dear Mr. Adolph and Mr. Sniff: Mr. Pete Wilson Honorary Member: Considering its relatively small population, the Coachella Valley is uncommonly rich in The Honorable Mary Bono educational, cultural and informational resources and organizations. Immediate Past President: Col.(Ret)Donald C. Poorman But, among all these area organizations, there is but one whose mission makes it unique in Directors Emeritus: importance and value to our community. That organization is the World Affairs Council The Honorable of the Desert. Its mission: to broaden the understanding and appreciation of the role of Thomas Honorable international relations global conflicts and policy decisions in an 'increasingly complex and The Honorable � g P Y g y P Shirley Pettis Roberson chaotic world. Life Members: Mrs. Walter Annenberg The key to understanding is education, and the World Affairs Council provides an Ms. Coeta Barker M/M Richard Bupp educational resource for the desert community in the area of international affairs. The Mrs. Hang Burton Council offers members, students, educators, and the public the opportunity to hear, and Dr./M James C. Castle Dr./M Robert du Roy be in contact with, prominent international analysts, policymakers, and world affairs Maj.Gen./M. J.E. Frank Dr./M Ward A. Fredericks experts. M/M James Houston M/M Paul Jenkins Mrs. Robert Phinny In order to carry out this service to the desert area, the World Affairs Council of the Desert Mrs. Barbara Pitts supports and manages several educational programs, each designed to brie a more M/M Robert Pond PP g P ' g Col.(Ret)/M Donald Poorman complete understanding of the world to different and diverse audiences. Key programs M/M Donald B. Prell Mrs. Helen M. Reinsch offered by the Council include: M/M Frederic E. Supple Mr. Jack Talmadge Mrs. Edith Armstrong Toor Speaker/dinner programs (monthly, October to May) Mrs. Margy Turlo Great Decisions - - global events discussion group M/M Robert L. Vitkin M/M Wells K. Wohlwend Education Outreach Programs Sponsors: Luncheon meetings on Current Events Blackburn Accountancy Corp The World, Books and You, Global Events Discussion Group HM Construction KMIR Educational Materials donations to area schools KNEWS Marcel de Claremont The Desert Sun To help more students and desert residents understand global changes and consequences Time Warner Cable that affect our lives, we need your continued support. With your help we can provide students and their teachers from the La Quinta high schools and area colleges with an Websit ww. e: PPtY PP www.WorldAffairsDesert.org opportunity to meet and interact with people who have made a difference in the world. 7 February 14, 2003 Page Two Messrs. Adolph and Sniff La Quinta City Hall Our Education Support Fund is directed to support of local students and teachers, and to supply educational materials for the schools. We provide scholarships for a number of La Quinta high school students and teachers to attend our events. By investing in the Councils Education Fund, you can make a great difference in our success, and help to bring better understanding of the world here, to the desert. Sponsorship by the City of La Quinta can be accomplished at different levels: $ LOW, $ 2,500, $ 5,000, and $ 10,000. Benefits of sponsorship include recognition in all WAC publications, special recognition and acknowledgment at one or more WAC events, and display of your logo or city identification in appropriate settings. Supporters also become annual members of the Council and have member prices for all events. Your principal reward, however, will derive from the satisfaction of supporting an organization that serves the intellectual and educational interests of the intelligent and inquisitive people in our area. The World Affairs Council of the Desert should be one of a constellation of intellectual and cultural benefits to the area that are supported by the City of La Quinta. May we count on your support for this important work? Your support will greatly help us to provide these important benefits to education and understanding in the desert. Sincerely, i f Dr. Ward A. Fredericks President Encl: Information "In a democracy, agreement is not essential, participation is. " Website: www.WorldAffairsDesert.org Corporate/Organization No. 6570850 Federal Identification No. 237202057 F;� WORLD AFFAIRS COUNCIL of the DESERT 2002 — 2003 Season Information fo r Supporters and Sponsors P.O. Box 467. Palm Springs. California 9 2''63 Office: 760-322-7711 Fay:: 760-770-73)46 For additional information lot on to: litip:' xt-«-x\-.«-orldaffairsdesei-t.orQ' WORLD AFFAIRS COUNCIL of the DESERT BACKGROUND INFORMATION SUMMARY Contents I Mission II Speaker/Dinner Events III Global Events Discussion Group IV Education Outreach Program V Contribution Support Levels VI Directors and Officers VII Sponsors I() For additional information log on to: http://www.worldaffairsdesert.org/ 2002-2003 WORLD AFFAIRS COUNCIL of the DESERT Background Summary for Financial Supporters "To provide education on vital issues ofcrlobal importance to diverse audiences in the Coachella Vallet," I World Affairs Council Mission The World Affairs Council of the Desert ("WAC/D") is a non-profit, non -partisan organization seeking to enhance public understanding of and dialogue about international economic, political and social issues through its various education programs. The Council does not take positions on issues but encourages discussion of many points of view. All programs — lectures, speaker/dinner meetings, and the "Great Decisions" seminars presented in partnership with the College of the Desert are open to the public. Specifically, the Council offers members and the general public the opportunity to be in contact with prominent international leaders, policymakers, and world affairs experts in such areas as diplomacy, trade, human rights, the; military and the media in order to: • Enhance awareness of global issues and their impact on all of our lives, • Instill in high school and college students a knowledge and interest in global events, and • Promote greater ethnic and cultural understanding throughout the Coachella Valley. Educational Program Areas: In order to carry out its mission, WAC/D supports and manages several educational programs; each designed to bring a more complete understanding of world issues to different and diverse audiences in the Coachella Valley. For nearly 30 years, the Council has offered a series of speaker programs. During the last two years, it established an Education Fund, which enabled the Council to bring students and their teachers to these programs at no cost to them; develop the "Great Decisions" partnership with the College of the Desert; and launch a book discussion program, "The World, Books and You," with the Palm Desert Public Library. II Speaker/Dinner Events WAC/D brings notable experts in international affairs and global issues to the desert to meet with educators, students, business people and the community. Our speaker/dinner events afford members with the opportunity to interact with distinguished guests from all over the world as well as with local residents equally committed to better understanding global concerns. In addition, WAC/D supports and strengthens education at the high school and university levels by providing opportunities for teachers and students to attend meetings and obtain first-hand exposure to world -class experts on global issues. lI 2 2002-2003 p e a k e r r 0 9 r a WORLD AFFAIRS COUNCIL of the DESERT y Speaker/Dinner Program 2002-2003 October 20, 2002 Will Walls Work? Israel in the 21st Century Penny (Atchity) Usherwood, Associate Professor of History at College of the Desert. Professor Usherwood is a Middle East specialist. She spent 5 years as a newscaster for CNN, and was in Jordan during the Iraqi invasion of Kuwait. November 17, 2002 The War on Terrorism -- 9111 -- One Year Later Ambassador Barbara Bodine, U.S. Ambassador to Yemen at the time of the Cole disaster. Gulf War hostage in Kuwait while serving as Deputy Chief of Mission. December 8, 2002 Globalization -Who and what will govern the Global Economy? Jonathan Aronson, Ph.D., Professor of International Relations, USC School of International Relations Author of. Managing the World Economy (The Consequences of International Corporate Alliances) January 19, 2003 Is NAFTA a success? For Canada, the US, and Mexico, what next? Gregory F. Treverton, Ph.D., Senior Fellow, Pacific Council on International Policy Author of numerous books on foreign affairs. February 16, 2003 Japan - A Review of the World 's 2nd Largest Economy Masaharu Kohno, Consul General of Japan in Los Angeles March 16, 2003 Global Warming Fact or Fiction? (and - The Coachella Valley's future climate?) Joseph E. Luisi, Chief of Meteorology, Delta Air Lines. Talk show host and science editor for KPSI. April 13, 2003 Should the UN be reformed? If so - how & by how much? Tad Daley, J.D., Ph.D., International Policy Analyst, Visiting Scholar, UCLA Burke Center for International Relations. May 11, 2003 Dr. Salmi from Cal State will be our speaker. The title of his presentation will be announced in April of this year. WAC/D is comprised of some 300 members and contributors, eager to discuss topics related to current events and issues as well as seeking opportunities to network with individuals with similar backgrounds and interests. Our events provide the opportunity for students to have access to our speakers on the same basis as our members. 3 13 2002-2003 RT WORLD AFFAIRS COUNCIL of the DESE Our national organization, The World Affairs Councils of America, based in Washington, D.C., has 383,000 members in 86 local councils. For more information on the local World Affairs Council: http://www.worldaffairsdesert.org/ III Global Events Discussion Group "The World, Books and You" WAC/D also supports an outreach effort, working in conjunction with the Palm Desert Public Library. Open to the public, these discussion sessions provide an opportunity to exchange information and views on the key issues of global importance. The programs for 2002-2003 will be held monthly at the Palm Desert Public Library, from 1:30-3:00 p.m. on the following Wednesdays: October 16th, 2002 November 13th, 2002 December 11th, 2002 January 15th, 2003 February 12th, 2003 March 12th, 2003 At each session, a recently published book will be discussed. No need to have read the book, a synopsis will precede the discussion. The public is invited. There is no charge, and reservations are not needed. October 16tn Wealth and Democracy by Kevin Phillips, Broadway Books, 2002 In our review and discussion of this book, we will address Kevin Phillips's exploration of how the rich and powerful have frequently worked to create or perpetuate privilege, often at the expense of the national interest and usually at the expense of the middle and lower classes. Does excessive concentration of wealth threaten our democracy? November 13th The Savage Wars of Peace by Max Boot, Basic Books, 2002 "A Problem from Hell" America and the Age of Genocide by Samantha Power, A New Republic Book, 2002 Two books, vividly written and thoroughly researched, in which the humanitarian left and the interventionist rights converge. One tells us what we did right and the other, what we failed to do at all. These two books should be required reading for the White House, the State Department, Department of Defense, and all members of Congress. December 11th John Maynard Keynes by Robert Skidelsky, Viking Penguin, 2001 4 14 2002-2003 f WORLD AFFAIRS COUNCIL of the DESERT The third and final volume of Skidelsky's definitive and consummate biography of Great Britain's most renowned economist. The Book Review and Discussion Leader Donald B. Prell, holds a BA from UCLA and C Phil from the University of London. He is formerly President of Imperial International Bank and has served on Boards of Directors of over fifteen U.S. and foreign corporations, including the Board of Kennedy -Wilson International. He is the Discussion Leader and Program Director, and also a member of the Board of Directors of WAC/D and a member of the UCLA Foundation Board of Councilors. IV Education Outreach Program The key to global understanding is education; we have a unique opportunity to provide educational experience to a diverse student population in the Coachella Valley. Through programs of the World Affairs Council, students and their teachers will have access to material and individuals, which enhance understanding and appreciation of the interrelated issues, which unite our world. This year, WAC/D is further expanding services and extending the educational opportunities with additional funding. There is no question that the Coachella Valley, as well as the world, is being quickly transformed by global events. To help more desert residents understand such changes and the consequences on our lives, WAC/D has established an Education Fund that will, among other things: • Provide resources to sponsor college and high school teachers at our events. • Allow us to invite a number of Coachella Valley high school students to each of our Speaker/ Dinner Events. • Enable us to work with the College of the Desert in expanding the "Great Decisions" foreign affairs discussion program. • Allowing us to award funding for library materials and educational support for local schools. Student Education — Assist by Providing: 1. Funding for students at College of the Desert, California State - San Bernardino, and their instructors to attend speaker events. 2. Scholarships for High School teachers of world history, current events, or political science to attend speaker events. Handouts made available for classroom instruction. 3. Monday "Noon Symposia" at the Hilb Student Center at College of the Desert follow Sunday speaker events when speakers are available, including question and answer session 4. Contribution of library books, curriculum and/or other publications to the new International Elementary and Middle Schools in La Quinta, CA. 5. Partnership with "Great Decisions" at College of the Desert and at Del Webb Sun City to present the Foreign Affairs Policy series through the College of the Desert Economic Development and Community Education Program and Del Webb University. 5 �'' 2002-20 3�� WORLD AFFAIRS COUNCIL of the DESERT VI Support Levels — Organizations, Foundations and Cities Your contribution and support to the non-profit World Affairs Council of the Desert fully funds the educational outreach efforts to include teachers, students, and public discussion opportunities in the area. Your contribution and support to the World Affairs Council of the Desert is fully tax deductible. For corporations and businesses, your financial support may be characterized in any way appropriate to your particular circumstances, i.e. as a donation, a membership, or advertising and promotion expense. Levels of support — each include recognition in newsletters and programs and preferred seating (when available) at the speaker dinner/events, as well as special mention in the WAC/D website, and printed materials. • Supporter $ 500 o Includes two annual memberships o Includes Use of Logo or trademark in WAC/D publications • Counsel $ 1,000 o Includes two annual memberships • Ambassador $ 21,500 o Includes two Life memberships o Introduction at WAC dinner meetings • Secretariat $ 5,000 o Includes two Life memberships o Introductions at WAC events o Dinner seating with WAC/D President o Alternate Seating at Reserved Table o Special Recognition at all events • Benefactor $ 10,000 o Above plus special access to speakers and special events o Two Life Memberships • WAC/D SPONSOR — Independent fiscal year agreements and benefits. All sponsor contributions allocated to WAC/D operational expenses and are tax deductible. World Affairs Council of the Desert Federal Tax number is 23-7202057. Dues and contributions are fully tax-deductible under Section 501(c) (3) of the Internal Revenue Code. 6 16 2002-2003 WORLD AFFAIRS COUNCIL of the DESERT Directors and Officers: President: Dr. Ward A. Fredericks Vice President: Wendy J. Flint Jack Brown Chief Financial Officer: James L. Owens Secretary & Programs: Donald B. Prell Morris R. Beschloss Lois Bupp Dorothy L. Cohn Dr. Robert du Roy Marvin M. Epstein Mark Harper Dana Hobert Rick M. Stein Professor Penny S.Usherwood Dr. Peter Wilson Directors Emeritus: The Honorable Thomas Railsback The Honorable Shirley N. Pettis Roberson Honorary Member: The Honorable Mary Bono Immediate Past President: Colonel Donald C. Poorman (R-USA) I"? 2002-2003 WORLD AFFAIRS COUNCIL of the DESERT Sponsors for our 2002 2003 Season .. The Desert dun /TIME WARNER l' CABLE --mow �I it! MMMUM - �nw MUC MOM w W ACCOUNTANCY CORP. 00, SUNif]0 WORLD,, tii gMa11cc;. 31tir. P.O. Box 467, Palm Springs, California 92263 Office: 760-322-7711 Fax: 760-770-7346 For additional information lob on to: http://ii'NN,N,.iN,oridaffairsdesert.org/ lu • WRITTEN CORRESPONDENCE ITEM: 2 5 FEBW vu t 2003 CM CM February 14, 2003 CITY NUMA"i R'S DEPT. Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Don: Desert Chapter Buildinz hidustrN Association of Soutln-rn California 77-570 Springfield Lane Suite E Palm Desert, California 92211 760.360.2476 fax 760.772.3372 On behalf of the members of the Building Industry Association Desert Chapter, I would like to suggest a luncheon meeting between yourself, members of the City Council and our membership at noon on a day and location of your choice, during the fourth week of April, 2003. The outline of the meeting would be a brief presentation by you regarding the City of La Quinta, followed by a question and answer period. This would enable our membership to better understand your organization and your Council to better understand our organization through discussion and open communication. We understand this may have to be an announced public meeting to meet the requirements of the Brown Act, and we would ask that your staff handle this detail. I would appreciate hearing from you at 360-2476 as soon as possible so that we might begin preparations for this important luncheon. When you call with a confirmation that you would like to join us, please offer options for dates in late April that would allow you and the rest of the City Council to attend such an event. Respectfully, Ed Kibbey Executive Director 13 An Affiliate of the National Association of Home. Builders and the California Building Industry Association 0000 4 INCOMKATM � G �w5 AGENDA CATEGORY: OF COUNCIL/RDA MEETING DATE: MARCH 4, 2003 ITEM TITLE: Demand Register Dated March 4, 2003 RECOMMENDATION: Approve Demand Register Dated March 4, 2003 BACKGROUND: Prepaid Warrants: 52859 - 528821 38705.15 52883 - 528991 46,499.64 Wire Transfers} 378,191.03 P/R 10381 - 104581 113,203.88 P/R Tax Transfers} 31,969.42 Payable Warrants: 52900 - 530301 19460,880.52 $21)418,639.64 FISCAL IMPLICATIONS: Demand of Cash -City $29010,125.34 Demand of Cash -RDA $408,514.30 BUSINESS SESSION CONSENT CALENDAR /_ STUDY SESSION PUBLIC HEARING 20 CITY OF LA QUINTA BANK TRANSACTIONS 2/12/03 - 2/25/03 2/14/03 WIRE TRANSFER - DEFERRED COMP $12,813.12 2/14/03 WIRE TRANSFER - PERS $11,647.91 2/14/03 WIRE TRANSFER - CREDIT UNION $5,942.00 2/19/03 WIRE TRANSFER - RDA ESCROW $83,310.00 2/19/03 WIRE TRANSFER - RDA ESCROW $89,000.00 2/25/03 WIRE TRANSFER - RDA ESCROW $86,800.00 2/25/03 WIRE TRANSFER - RDA ESCROW $88,678.00 TOTAL WIRE TRANSFERS OUT $378,191.03 21_ 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:13PM 02/24/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 52900 02/24/03 &01934 PAM GELLES 40.00 52901 02/24/03 &01935 BONNIE MAFFIA 15.00 52902 02/24/03 &01936 JOY WYNDHAM 15.00 52903 02/24/03 &01937 BIRDIE HOMES III LLC 31.50 52904 02/24/03 &01938 CHRISTINE PUTMAN 10.00 52905 02/24/03 &01939 SOUTH VALLEY GROUP 315.00 52906 02/24/03 &01940 EILEEN BOURQET 15.00 52907 02/24/03 &01941 TIFFANY CARTER 45.00 52908 02/24/03 &01942 DEBRA ANNE GARCIA 40.00 52909 02/24/03 &01943 JOSEPHINE LAGASI 50.00 52910 02/24/03 &01944 SHANNON RUDISILL 25.00 52911 02/24/03 4IM100 4IMPRINT 141.18 52912 02/24/03 ABL001 ABLE RIBBON TECH 91.27 52913 02/24/03 ACE050 ACE INDUSTRIAL SUPPLY 352.22 52914 02/24/03 ADT100 ADT SECURITY SVC INC 504.00 52915 02/24/03 AGS075 A-G SOD FARMS INC 121.87 52916 02/24/03 ALB006 ALBERTSONS STORE #6567 135.72 52917 02/24/03 AME175 AMERICAN FORENSIC NURSES 63.00 52918 02/24/03 ANW100 AN-WIL BAG CO 801.66 52919 02/24/03 ARC100 ARCH 708.93 52920 02/24/03 ATC010 ATCO INTERNATIONAL 581.30 52921 02/24/03 BER150 BERRYMAN & HENIGAR INC 600.00 52922 02/24/03 BOY075 BOYS & GIRLS CLUB OF 7500.00 52923 02/24/03 BRI100 BRINKS INC 609.00 52924 02/24/03 BUR200 BURTRONICS BUSINESS SYS 85.13 52925 02/24/03 CAD010 CADET UNIFORM SUPPLY 539.07 52926 02/24/03 CAL237 CALIFORNIA OVERNIGHT 46.50 52927 02/24/03 CAL240 CALIFORNIA POOLS & SPAS 107.00 52928 02/24/03 CAR300 CARQUEST 413.26 52929 02/24/03 CDW050 CDW GOVERNMENT INC 875.75 52930 02/24/03 CEN009 CENTURY AMERICAN DEV CORP 2000.00 52931 02/24/03 CIT025 CITICORP VENDOR FINANCE 148.75 52932 02/24/03 COA073 COACHELLA VLLY RECREATION 18904.00 52933 02/24/03 COA082 COACHELLA VALLEY WATER 1387.50 52934 02/24/03 COR010 CORONA CLAY COMPANY 1810.20 52935 02/24/03 COR150 CORPORATE EXPRESS 131.35 52936 02/24/03 CR0200 STEVE CROWELL 218.40 52937 02/24/03 DAN200 DANONE WATERS OF NORTH 59.22 52938 02/24/03 DES010 DESERT BUSINESS MACHINES 639.45 52939 02/24/03 DES060 DESERT SUN PUBLISHING CO 3706.07 52940 02/24/03 DES065 DESERT TEMPS INC 2950.91 52941 02/24/03 DES450 DESIGN WORKSHOP INC 16009.67 52942 02/24/03 DET200 DETROIT INDUSTRIAL TOOL 238.46 52943 02/24/03 DYN100 DYNA MED 425.88 52944 02/24/03 EIS010 EISENHOWER IMMEDIATE CARE 85.00 52945 02/24/03 EQUO10 DALE EQUITZ 75.00 52946 02/24/03 EVA050 DAVID EVANS & ASSOC INC 25035.44 22 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:13PM 02/24/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 52947 02/24/03 EXP200 EXPRESS DETAIL 880.00 52948 02/24/03 FAL050 JOHN FALCONER 37.37 52949 02/24/03 FIR015 FIRST AMERICAN REAL 151.49 52950 02/24/03 FRA030 FRANKLIN COVEY 51.51 52951 02/24/03 GAR040 GARZA TURF & POWER EQUIP 418.83 52952 02/24/03 GAT020 GATEWAY COMPANIES INC 4417.74 52953 02/24/03 GET200 GETAGOVJOB.COM 75.00 52954 02/24/03 GMA100 GMA 30000.00 52955 02/24/03 GOV250 GOVJOBS.COM INC 125.00 52956 02/24/03 GUM050 BRAD GUMMER 637.00 52957 02/24/03 HAR100 JOHN HARDCASTLE 28.60 52958 02/24/03 HIC200 RENE' HICKEY 105.00 52959 02/24/03 HIG010 HIGH TECH IRRIGATION INC 125.74 52960 02/24/03 HIM100 DAVID L HIMMLER 280.00 52961 02/24/03 HOA010 HUGH HOARD INC 2131.37 52962 02/24/03 HOM030 HOME DEPOT 1181.33 52963 02/24/03 IMA100 IMAGE SOURCE 95.90 52964 02/24/03 IMPO11 IMPERIAL IRRIGATION DIST 200.00 52965 02/24/03 INL200 INLAND POWER EQUIPMENT CO 32.78 52966 02/24/03 JER050 JERNIGAN'S SPORTING GOODS 404.03 52967 02/24/03 JOB020 JOBS AVAILABLE INC 115.92 52968 02/24/03 JON120 TIMOTHY R. JONASSON 58.07 52969 02/24/03 JPRO10 JP REPROGRAPHICS 588.00 52970 02/24/03 JUD010 JUDICIAL DATA SYSTEMS COR 179.72 52971 02/24/03 KIN050 KINKO'S 391.13 52972 02/24/03 KIN100 KINER/GOODSELL ADVERTISNG 3135.52 52973 02/24/03 KRI100 BRUCE KRIBBS CONSTRUCTION 5012.00 52974 02/24/03 LAQ030 LA QUINTA CAR WASH 9.95 52975 02/24/03 L00010 LOCK SHOP INC 261.86 52976 02/24/03 LOW100 LOWE'S COMPANIES INC 166.13 52977 02/24/03 MAI100 MAIL BOXES ETC 25.25 52978 02/24/03 MCDO10 MC DOWELL AWARDS 91.32 52979 02/24/03 MEE100 WAYNE MEEDS 160.00 52980 02/24/03 MOB200 MOBILE SATELLITE VENTURES 219.39 52981 02/24/03 M00095 MOORE MAINTENANCE & 4175.00 52982 02/24/03 MUS005 MUSCO LIGHTING INC 24782.50 52983 02/24/03 NIC101 NICKERSON & ASSOC INC 5462.50 52984 02/24/03 OFF005 OFFICE DEPOT INC 872.34 52985 02/24/03 OWE020 OWEN & BRADLEY 120.00 52986 02/24/03 PAL010 PALM SPRINGS DESERT RESRT 130000.00 52987 02/24/03 PAL105 PALM SPRINGS PAVING 7100.00 52988 02/24/03 PLA050 CHRISTOPHER PLATAMONE 318.50 52989 02/24/03 POW350 POWER PLUS 1522.50 52990 02/24/03 PRE015 THE PRESS -ENTERPRISE CO 377.02 52991 02/24/03 PRI020 THE PRINTING PLACE 350.19 52992 02/24/03 PR0005 PROFESSIONAL SERVICE IND 114.00 52993 02/24/03 PR0350 PROVIDEO 50.00 52994 02/24/03 PRY050 FRED PRYOR SEMINARS 195.00 52995 02/24/03 RAL050 RALPHS GROCERY CO 133.68 23 In ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:13PM 02/24/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 52996 02/24/03 RAS020 RASA - ERIC NELSON 839.50 52997 02/24/03 REG045 REGENTS OF U C 500.00 52998 02/24/03 REG051 REGIONAL ACCESS PROGRAM 575.00 52999 02/24/03 RES005 RESERVE ACCOUNT 4000.00 53000 02/24/03 ROB200 SCOTT ROBERTSON 178.50 53001 02/24/03 R00100 ROOF TILE SPECIALTY INC 2400.00 53002 02/24/03 RUT050 RUTAN & TUCKER 42059.94 53003 02/24/03 SAX100 SAXON ENGINEERING SERVICE 8190.00 53004 02/24/03 SCI100 LOUISE SCIUTTO 120.00 53005 02/24/03 SIM020 JAMES E SIMON CO 1052270.66 53006 02/24/03 SMA010 SMART & FINAL 372.27 53007 02/24/03 SMI150 MALCOLM SMITH MOTORSPORTS 320.09 53008 02/24/03 SOCO10 THE SOCO GROUP INC 114.24 53009 02/24/03 SOU003 SOUND IMAGE 588.74 53010 02/24/03 SOU007 SOUTHWEST NETWORKS, INC 2193.75 53011 02/24/03 SOU008 SOUTHWEST MOBILE STORAGE 216.20 53012 02/24/03 STA049 STAPLES BUSINESS ADVANTGE 4268.93 53013 02/24/03 ST0040 CAM STONE'S AUTOMOTIVE 215.77 53014 02/24/03 SUN075 SUNLINE TRANSIT AGENCY 382.00 53015 02/24/03 SUN080 SUNLINE SERVICES GROUP 190.41 53016 02/24/03 TKDO10 T.K.D. ASSOCIATES INC 255.00 53017 02/24/03 TOP010 TOPS'N BARRICADES INC 597.14 53018 02/24/03 TRI100 TRI STATE LAND SURVEYORS 2600.00 53019 02/24/03 TRU010 TRULY NOLEN INC 268.00 53020 02/24/03 USB100 US BANK 337.50 53021 02/24/03 VAL005 VALLEY ANIMAL CLINIC 80.00 53022 02/24/03 VAL200 VALLEY PARTNERSHIP 152.00 53023 02/24/03 VAN075 VANDORPE CHOU ASSOC INC 6202.84 53024 02/24/03 WAL010 WAL MART COMMUNITY 218.13 53025 02/24/03 WAR060 WARNER ENGINEERING 1476.00 53026 02/24/03 WIL015 DEBBIE WILLIAMS 430.50 53027 02/24/03 WLC100 WLC ARCHITECTS INC 2596.06 53028 02/24/03 XER012 XEROX CORPORATION 454.73 53029 02/24/03 YOU100 YOUNG ENGINEERING SERVICE 8220.13 53030 02/24/03 ZUR050 ZUMAR INDUSTRIES INC 926.65 CHECK TOTAL l r 4 60 f 880. 52 24 5 z r-I N M Q' .-1 N N m H N (`•) Q' Lr) a O H z Cl) O Q' N \ � x N U N N CO co H H r1 r1 r1 r1 r1 r1 H r-+ O 1--1 r-I '-i N N N N N N N N N N U' N N N N N N N N N N N N N N < m E-� H H H H H H H E- H H H H H n, a M .. 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 52883 02/20/03 AlRO01 A-1 RENTS 52884 02/20/03 AEP010 AEP 52885 02/20/03 BRI300 BRITE INC/US MARKERBOARD 52886 02/20/03 COA030 COACHELLA VALLEY INSURANC 52887 02/20/03 CRI200 CRITTENDEN GOLF EXPO 52888 02/20/03 DEV100 DAN DEVINNY 52889 02/20/03 ELRO10 EL RANCHITO 52890 02/20/03 FES005 FESTIVAL OF ARTS 52891 02/20/03 GAS010 GASCARD INC 52892 02/20/03 GAT030 GATEWAY COUNTRY 52893 02/20/03 IMPO10 IMPERIAL IRRIGATION DIST 52894 02/20/03 POW300 POWER PERSONNEL INC 52895 02/20/03 SCR050 S.C.R.A.P. 52896 02/20/03 UNU050 UNUM LIFE INS 52897 02/20/03 VER200 VERIZON 52898 02/20/03 WEI050 MARK WEISS 52899 02/20/03 WEL025 WELLS FARGO BANKCARD CHECK TOTAL PAYMENT AMOUNT 590.20 110.00 200.72 28280.84 395.00 46.23 318.91 560.00 2435.04 1750.00 710.29 1664.64 1000.00 3841.63 933.13 26.00 3637.01 IN No Pi HOWOWN m 91 21 Ln r CD 07 O M Q' r1 r-1 H H 0z 0 H z M p 0 N N U C7 C7 C� C7 C7 C7 C7 C� C7 U U (� C7 O w H E E E C7 rC W W W W W W W W W W W W W H H H H EH H H H H H rt a r Ln •• O O O N c' O M O Ol Lr) (D •-+ O E- r U-) O r 00 O (N CY) O v O r-+ —4 z H w z vl Ln O O O lD co O lD Co O v n p CD O CO 01 �D r U') Ln �r 0 N M M U) 00 L r Q O a N O O N c O O Q' O N O r CD O N m O O O O O O z O lD z CO `..0 O O rn -, O < co m c H H U �D M x Ln Ln - N CY N M co C] (n H Ln v U r a co H H N DZ U) N Cn cz U' O z co < z EX4 a H H a H 0 W H a a s o w w W w U : EE- Ems-+ a a a O a a a a c a co cn a a z z Q a rC < a< �< > Q < x< w w< a r� z W W H O H H Lu H z H U H a H U H co co H z H U o Cz cz o o o -- o 0 o cz o H o cz O < 0 0 0 > W H H M H H W E+ " H O E-+ U H O H x x H U H co U H H H x x H H z a U U H a z z z f)G GL' V) !Z < fx < C(. 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O O O H z v lD O O O lD \D H CSl 0-) Ln H x < z a, < co w Cn a 1 O 0 w E+ C1a O O O O Ln O CD O O Ln N W O O O O O O r O O v M M m O O o O r- O Ln O O � in Ln r H Ln ttl Csl r M Ol Gl .-r r z H M O N O O M O H H N N lD lD lD r lD �D lD lD r lD lD -+ lD H z (Y) M N N Q' M .-1 H Cl) O Q' O O O O N O O Ln O O O in 0 r M i N Ln Lr) O U U r r 1 H H < O O O O O O O O O O O O O U � z H rt; a H a z a z M W H x O O x W H On a W Lu H Q a E a a a rx a 0 H H U O > >+ O CL U U O CL < z z H 0 z z O H W H co cn U Q W z H H H U a z H H z a H x a a co" z z H a z > U < o < O W W w w W z > Z a < H >1 0 Cz cz 4] x H o < H < Q 3 a a H U H U U w w < 0 ,� .-, a H a o w a o rx < a w << 40.) co z < < < x U U 0 w cam, H Ga 47 z 0 > + H o o O o 0 0 U-) o 0 0 0 z O O -1 O M O O r-I O —1 f-1 M —1 O >+ O O O M O N H O O O O O O U H a s a H < H > a cU cn cn H a U H r--i H W a O cr W a w < < < i < U < < < Cil U U O W C... H 22 z v 1n tl0 r in m rn o H N M c uD r co M 0 < , -1 r-1 N N N N N (N N N N Cl) ()� O E- z m O \ O N \ N N x U U C7 C7 C7 C C u LD U 0 0 0 CDW H z z E M E M E Z Y- E x E E (D W W W W Cal W W W w W W w W W W W W E < CQ H E+ H H H H H H H H FA H F, H H H H r> a r .• O O O M r O O O Lr) a-) �D O .-+ N M O v CO OJ O l0 M M N N r N O O r r U-) O l0 H z H W z c rn o r+ w m m �r u') r \0 M 00 v O rn D O N M O Q' O (N w CO H m N N M M U-) H (3) }� o r m r O OD < H M M a � � V' 01 c O M M O •--� (N l0 O lD H O O H �0 O a• M (N < r �.0 a o rn H � O u� U > U H O (n w z cn a w z cn a a o a a cn a w a i KC < a < < w FC U O >> O O O U w 0 F i O W o W H (n H (n (n H H H H KC o F+ H H a H U H z U U U U U O w W H a U z HHZ w a' z > > > > > H z fZ W CZ (n m U] 4z (x p H H O U U o > O 0 O cn cn cn (n w O z o 0 0 u z o > CZ a' w < < 0 W C) E-1 w z .4 0 O z z z O 0 z U E+ z CZ a z z a z w W W w w rZ < z x Z H H U z H (n U W H H w Z W \ w z z z z z C4 z w U W H H H W W W> z z> -> m> O O O o O H 0> z> W w W U> I o a 00 H x x x x z z H W W w U (n W U U t cn a a a a a H M a z z z •a o w w H p O M M M M H p z M O O m H N m m O O O O O a O w r Q N O r O l0 l0 r O O O O > I > co l0 l0 N N H N N O N (N N N N w z z x O l0 OO 61 M M M M "o N -T Q0 l0 l0 \0 m H L1 H D N Q7 Q' OO H v c• v Li l -i H u) Lr) Ln U-) I H z O to in M r lD l0 l0 Q• r r CC) CO N N O p in c• v O r u) in Ln M tr r v v' v �r H H .Y, z a < m w m rz I o O G H CL O Q Q N O O N O O O O M (V O O N O W O m M c O O •--+ O O O O H N O O N O W O in 1.n Ln O O �.0 O O O O l0 co O O 00 O z r Ln in in ON Ln r+ Ln (n u-) rn r 1n r r u-) r z N O O O (Y) M N M (`") m O N O cn M O M l0 Ln 1_n l0 N l0 lD l0 l0 �0 l0 l0 l0 \0 l0 \D l0 H z H H H N O H r M m H (N Q' M H N M r-i O H Ln in O O O 1.n Ln Ln H O j-) O O O O O o r O M M H H r in V H r1 H H a U U Q' H H H .-i H H H H C' (N H H H H H H < H O O O O O O O O H O O O O O O O N H H H H H H H H (Ni Ln H H H H H H H cn H M O z z < O H H H U U U U Ln �4 a z z z z a w w < < Q < H z z cn m m w as a z z z rz O O H O O o 0 < H (n co cn 0 0 u 0 w H Cz cz a w u rz a a a a z a w w w H < < < < p� H rC a s < H z z z z z z z W o }i QI fZ a (Z (Z N N N N N N N N N N N N N (n Cn (n (n C4 w w w �.,, H . H H H . H �4 r-� � a s 43 a O a 3 3 U a cG rz a z z cz z z a a 0 E o 0 z w w w w w w w < w w w w (n z H a a (n > > > > > > > 3 3 3 3 H W z O > O O O O O O O O O O O O O 1.n u-) U-) Ln D H O O 1.n Ln O O O O O O O U11 N N N N o >+ O M M O O N (N N N N N N O O O O O U H a 3:3� a a a a a C4 a cz a H .a a '-.1 a U H z 00 U z W W W W W W G] G4 W W G] W > > > > > > 3 3 3 3 3 23 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 5:OOPM 02/13/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 52859 02/13/03 BUR090 BURNS INT'L SECURITY SVCS 416.00 52860 02/13/03 CAL035 CAL PRESERVATION FOUNDATN 60.00 52861 02/13/03 CAL040 CALIFORNIA VISION SERVICE 1074.97 52862 02/13/03 CAL065 CALIF JOINT POWERS INS 340.00 52863 02/13/03 CAL167 CALPERS LONG-TERM CARE 26.31 52864 02/13/03 CAN050 CANADA LIFE ASSURANCE CO 592.98 52865 02/13/03 COA073 COACHELLA VLLY RECREATION 650.00 52866 02/13/03 COA080 COACHELLA VALLEY WATER 473.11 52867 02/13/03 CRO150 CROWNE PLAZA PHOENIX 378.80 52868 02/13/03 CVA010 C V A G 317093.50 52869 02/13/03 FOR200 STEVE FORTUN 15000.00 52870 02/13/03 IMP012 IMPERIAL IRRIGATION DIST 8633.00 52871 02/13/03 LAQ050 LA QUINTA CITY EMPLOYEES 702.91 52872 02/13/03 NUN100 ANICETO NUNEZ 125.00 52873 02/13/03 POW300 POWER PERSONNEL INC 2044.00 52874 02/13/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 52875 02/13/03 RIV080 RIVERSIDE COUNTY HEALTH 788.00 52876 02/13/03 SAF020 SAFEGUARD HEALTH PLANS 5044.71 52877 02/13/03 STA044 DARREN STANLEY 62.50 52878 02/13/03 TRIO85 TRI-STAR EXCAVATION INC 5220.00 52879 02/13/03 UNIO05 UNITED WAY OF THE DESERT 171.00 52880 02/13/03 UNU050 UNUM LIFE INS 27241.63 52881 02/13/03 VER200 VERIZON 1191.28 52882 02/13/03 VER210 VERIZON INTERNET SOLUTION 138.95 CHECK TOTAL 387,895.15 4-1 24 z to al O C r -1 M -1 N M 07 Q lD Q M fM -1 Ix o H z M O M '-i N O W H E E E C7 rC W W W rn W Cn 0) W W W W w W E rC W H E- H H H E+ H E-H E+ E- C) 0 0 � r o .-1 co o r v� o 0 0 E+ O O o 01 O M m O r M 00 Ln O z W H z to o O v O to N o Co c* oo M o O H (M M r N O1 U') H al r O ?� O O M Ln l0 c M O O uC E � rr Ln a rC -4 M O O r O r 1 ao O -4 O O O O O (M a) O 1-1 00 Un z to O O U) to N O O M 00 Cc+ M H w ,-1 to r c a N rn Ln r O r w z > o a M W M h O £ W ,-, (n a H x \ r w U z H I a H H W W .-1 M > E, U Lc z a U a Q a z z H O > w H O .7 z z a a .4 .a `-1 H Q H H < < Q < 0 Q Q z z z H Q< H H U) H 9 H H O H E- U) H > H E-4 o W O a a 0 0 0 I o o U) 0 0 H O < o a W H U) H PHP U) H OP H H < EH H W H 3 H Wa \ z z :1 W U U 3 H rL4 a U U a 1-+ a = a +-) a U) a U) a >> a a ram, a 0 0 E-H O H H O O O O In O z 0 O U)(n O E O o o a > a H O a a 0 z 0 a 0 -4 O H O a 0 O \ O O a z U a z o o z o z (D z O z z w z a a z a z H z H Cf) O w E-H E+ W H W >4 w W W w U W W w w W w x W E W U > Cn U) > U) > > a > 44 > U > H H > E- > c7 > O W H H H a \ i -i 0 O H O U) U) x x > a a .a cn 3 3 x a U U44 W H O a v o O H >I > pwq rn r o r z z -4 N M rn Ln H O H H O z o r+ c r Tn rr o �.o M O o o 00 Ln -+ F-i x < z a KC co w ao a I 0 0 w H a r o 0 0 0 0 0 0 o N o w In O O O O O O O O M O OD O [q Q' O o O O O O O O lQ O v' O � OD r r In r 00 r M .--1 r-1 Ln to N z M () M lM ('M M fM H M M O l0 01 v to l0 N to N N to to l0 l0 c to H z O O r-1 O O M M "T M O N O O O O O Ln O O Ln an Ln N o O 0 O v O N O O N v' c r Cl m U Ln rC o 0 0 0 0 0 0 0 o CD o o CD � 4 � - 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AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 52456 DEF 12/12/02 125.00 NUN100 ANICETO NUNEZ TOTAL VOIDED 125.00 INVOICE DESCRIPTION INSTRUCTOR 3:49PM 02/13/03 PAGE 1 tig w• A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 52257 DEF 12/24/02 750.00 RUI050 JOSE RUIZ TOTAL VOIDED 750.00 11:18AM 02/14/03 PAGE 1 INVOICE DESCRIPTION TUITION REIMBURSEMENT 49 29 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 52880 DEF 02/13/03 27241.63 UNU050 UNUM LIFE INS TOTAL VOIDED 27,241.63 INVOICE DESCRIPTION STD/LTD INS 11:09AM 02/20/03 PAGE 1 po 410 30 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: March 4, 2003 CONSENT CALENDAR: Approval of Request for Proposals for the La Quinta Park Interactive Water Feature Artwork RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Approve the Request for Proposals for the La Quinta Park interactive water feature artwork. FISCAL IMPLICATIONS: The Cultural Arts Commission is recommending the project be funded in an amount not to exceed $40,000 from the Art in Public Places account. The actual amount of the project will be contingent upon the proposal selected by the Cultural Arts Commission and ultimately the City Council. Although staff is not requesting a funding allocation at this time, as of January 31, 2003, the balance of the Art in Public Places account has a balance of $196,553. Once an art proposal has been accepted by the City Council, staff will request an allocation of funds. CHARTER CITY IMPLICATIONS: ►r•� BACKGROUND AND OVERVIEW: At the February 13, 2003 Cultural Arts Commission (Commission) meeting, the Commission considered an interactive water feature as a public art project for the La Quinta Park located on the northeast corner of Adams Street and Westward Ho Drive. The Commission is recommending an amount not to exceed $40,000 from the Art in Public Places fund be allocated for this project once a proposal is approved by the City Council. :51 S:\Community Services\CCReports\CC.244.RFQ La Quinta Park Water Feature.doc The master plan for the La Quinta Park includes a location for an interactive water feature, as provided in Attachment 1. During the park construction, conduit was provided to the site for water and electricity if needed. The City has interactive water features at Fritz Burns Park and Adams Park. Both water features have protective rubber surfacing under them. The City of La Quinta has been successful in the past in receiving a grant from the California Integrated Waste Management Board for recycled rubber product for the water feature surfacing at Adams Park. The City will apply for a grant, if available, for the La Quinta Park water feature should the City Council approve the project. If a grant is not received, Art in Public Places funds can be used to fund this project since the surfacing is a major safety component of the project. It is estimated that the cost of the rubber surfacing will cost $15,000 in addition to the cost of the water feature. A Request for Proposals for artists to submit their qualifications to produce this type of artwork and their specific proposal for this project is provided as Attachment 2. The section "Request for Qualifications Deadline and Information" establishes the selection process time line. The deadline for submitting artwork proposals as outlined in the Request for Proposal is April 4, 2003. At that time, staff will review the projects to ensure that the artist has provided all required information with the submittal. The Cultural Arts Commission will review the completed proposals at the April 10, 2003 Cultural Arts Commission meeting. The artists submitting proposals will be requested to attend the Cultural Arts Commission meeting to answer any questions the Commission may have. The Cultural Arts Commission will then submit their recommendation for proposed artwork to the City Council for consideration at the May 6, 2003 City Council meeting. The artist of the proposed artwork will be asked to attend the City Council meeting to answer any questions the Council may have. Once the City Council approves the commissioning of artwork for the La Quinta Park, staff will prepare an Art Purchase Agreement and appropriate the required funding for City Council approval at the May 20, 2003 City Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Request for Proposals for the La Quinta Park interactive water feature artwork; or 2. Do not approve the Request for Proposal for the La Quinta Park interactive water feature artwork; or 2 S:\Community Services\CCReports\CC.244.RFQ La Quinta Park Water Feature.doc 3. Provide staff with alternative direction. espctfully sub itted, FVrl-" tzi, Comm ity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Site Map of the La Quinta Park 2. Request for Proposals for the La Quinta Park Interactive Water Feature Artwork 53 3 SACommunity Services\CCReports\CC.244.RFQ La Quinta Park Water Feature.doc \' ) i ATTACHMENT CL 4-0 L----------- i L- 00 --------------- ......................... ..................... . ....... a .................. ....... ......................... ......... ......... CL -7 -7 LT S S ICY Q 6'Q) LL co 54 co 4 ATTACHMENT 2 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR THE DESIGN AND CONSTRUCTION OF AN ORIGNIALLY DESIGNED INTERACTIVE WATER FEATURE The City of La Quinta is requesting proposals from qualified individuals to provide an originally designed interactive water feature for the La Quinta Park site located at the northeast corner of Adams Street and Westward Ho Drive in La Quinta, Exhibit A. This will include the design, construction, construction management, materials and appurtenances. The request to receive proposals will close at 5:00 p.m. on Friday, April 4, 2003. The proposal packages are to be delivered to: City of La Quinta Community Services Department P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Proposals will be addressed to the attention of Ms. Dodie Horvitz, Community Services Director. Please call (760) 777-7090 for more information. pRnpnS01 - Applicants are encouraged to keep their proposals brief and relevant to the specific services required. The City has set aside a budget not to exceed $40,000 for the entire project, "turn key," including, but not limited to: Design, plans, estimate, professional services, permits, approvals, any and all meetings, and full construction of an originally designed interactive water feature for the La Quinta Park site. For this proposal, an interactive water feature is defined as follows: "Originally designed interactive water feature" means an art piece that has been designed by an individual that is recognized as an artist, in which a user activates a mechanism to have water spray upon the location designated as the interactive water feature area. The interactive water feature must be 5 structurally sound in order to withstand the environmental elements and multiple rJ uses in a short period of time with limited service or maintenance needed. The interactive water feature includes but is not limited to: design and construction of original artwork appropriate for a community park, all mechanisms to activate the water feature, all wiring and water lines to be installed in existing conduit to the site and other approved fixtures needed to complete an interactive water feature. Upon completion of the art piece, the City will install a rubberized surface; therefore the design of this structure should take this surfacing into account with regard to access, maintenance, parts, and service. Seven copies of the proposals shall be submitted and should include the project approach, project schedule, construction team (including all professional and construction companies involved), and a listing of similar projects with references that are relevant to this type of work. In a separate sealed envelope, applicants must submit a cost breakdown for each item and phase of the proposed work. Each representative of the construction team must be listed along with each firm name. SELECTION PROCESS: The Cultural Arts Commission will review proposals. The Commission will rank each proposal based upon the artist's experience, approach to the project, project schedule, qualifications, written proposal, and verbal presentation to the Cultural Arts Commission. It is anticipated that interviews will be conducted on April 10, 2003 at 7:00 p.m. Artists will be encouraged to bring a Marquette of the proposed artwork. Upon Cultural Arts Commission review, a recommendation will be forwarded for City Council consideration at the May 6, 2003 City Council meeting. The successful artist will be expected to enter into an Art Purchase Agreement. ANTICIPATED PROJECT TIMELINE 2003: Request for Proposals March 7-April 3 Staff Review of Proposals April 7 Cultural Arts Commission Review of Proposals April 10 City Council Consideration of Proposals May 6 Approval of Art Purchase Agreement May 20 Completion of Interactive Water Feature August 29 SITE VISITITATION The site for the originally designed interactive water feature is a component of the La Quinta Park, which is on the northwest corner of Westward Ho and Adams Street in La Quinta. Exhibit A provides a site map as to the actual location of the artwork site. *All costs associated with the completion and submission of a proposal are the sole responsibility of the person submitting the proposal. The City reserves the right to reject any or all proposals or to cancel the RFP at any time during the process. r 51; no IV —L--j A n ioo co cn ........................................ N...................... ....... ca . . ....................... ............ .............................................................. ....... ................ I .......................... LL Ly cir Li ON, 57 Jbit A W �t �a��. w of �9w COUNCIL/RDA MEETING DATE: March 4, 2003 ITEM TITLE: Approval of a Final Map and Subdivision Improvement Agreement for Tract No. 30331, La Quinta Talante, LLC. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Final Map and Subdivision Improvement Agreement for Tract No. 30331, La Quinta Talante, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 30331 is located on Avenue 50 between Jefferson Street and Washington Street (Attachment 1) and consists of lots A, B, C, D, E and F of 12 residential lots (Attachment 2) . 3 The developer has submitted a technically correct Final Map in substantial compliance with the Tentative Map, a signed Subdivision Improvement Agreement (Attachment 3), and provided security for all public improvements (Attachment 4) in order to satisfy the requisite submittal requirements prior to approval of the Final Map. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Final Map and Subdivision Improvement Agreement for Tract No. 30331, La Quinta Talante, LLC; or 58 T:\PWDEPT\COUNCIL\2003\030304a.wd 2. Do not approve the Final Map and Subdivision Improvement Agreement for Tract No. 30331, La Quinta Talante, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. asso E. Public Work Direct r Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 4. Public Improvement Security 59 T:\PWDEPT\COUNCIL\2003\030304a.wd - 2 ATTACHMENT 1 VICINITY MAP N TS 3 ATTACHMENT 2 ,Pm u. x 0 0 o � GP I 4 CQ 0 0 s N w a ..7 ak OX � c: binb10 W e CVD um w o P40 z 114 0 Ak C) z c Z <�x 0 c EPA z 0r� V o ww U SMM u.a It ?Ir Nolw3s a11Pi(3LN39 I ON" Ao ua M.ac,taoo N _ _ _ �3 • Vlh - d0'A D ct ►qN OZ'L » - I iZ'L :Y� �► �•Y= 1 Fill Elk 1 A 1 ernd I gd as w ZA ostd Ila IY' r91 0*6L N I I r:lW M.00.iW YIS w ■ ■ o ^ � �`I li'rao iu -- M 71 :� 000ac M.,�,raoo N • ""'aft" cs erol .► 0 r i 5 d2 21 E3 s ; 16 1 - 1 eat I ------ -------- _.- 9, 121 o O f.12 'q y„ • a bZ Q c` w aa�wc W � c Huai �� Ny z � 9Zom W o _ z ao x E- 4 49 u10SW d Om; N =wMWI a � h a 6o - z U) o w a C I Pt, A.K.iaea h._ //rsra¢✓ 04 35RRAY sAwv38 � `sisve fiS�Cli�•sA$ $'.� n c�`1.9 �i� A �i i tl $ySy RSS¢8�aSg$Qic� FeSi� X' a iX . ►1 i1 .. •e� d r • iaP fi w in��'::C:•::�w�Aiie$.�i3^�i�i�.iSi•I" -x«�a�.��R�.B�ifi�i�..i R�i•SgSa88$S o�.' nis SS N F8d;"�Fa $3iA$x$S a $ S8 w F r♦ Z s �_ o^ 2 i ^ lox i w• 2 w• r dig Y i= 2 !. NOT - „r�.ijr�jrnt$Yks=- ^ i �!j A• i i� r ^: •i w 7= e A it r ATTACHMENT CITY OF L SUBDIVISION IMPROVEMENT AGREEMENT TRACT 30331 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of ,19 , by and between La Quinta Talante, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map {the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30331 {the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 64 T:\PWDEPT\Devdiv\Agreements\SIA\30331 sia.wpd 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 65 T:\PWDEPT\Devdiv\Agreements\SIA\30331 sia.wpd 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not. allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 66 T:\PWDEPT\Devdiv\Agreements\SIA\30331 sia.wpd 0 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. cry 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not V ! been performed within sixty (160) days after written notice of default from City, then City may perform the obligation, IA 3' 331 sia.w d T:\PWDfPT\Devdiv\Agreements\S \ 0 p and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 68 T:\PWDEPT\Devdiv\Agreements\SIA\30331 sia.wpd I 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: l [� G Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 La Quinta Talante, LLC 9968 Hibert Street, Suite 102 San Diego, CA 92131 �8 03 Date Date Date Date 69 T:\PWDEPT\Devdiv\Agreements\SIA\30331 sia.wpd 12 Exhibit A SECURITY - TRACT 30331 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading, including retention basins $ 46,830.00 $ 46,830.00 Streets & Storm Drainage 104,760.00 104,760.00 Domestic Water 42,560.00 42,560.00 Sanitary Sewer 18,580.00 18,580.00 Monumentation 7,500.00 0.00 Totals: $220,230.00 $212,730.00 Professional Fees Construction @ 10% 22,023.00 21,273.00 Standard Contingency @ 10% 22,023.00 21,273.00 Bond Aggregate Amount $264,276.00 255,276.00 70 I'S ./ BOND 1188 43 02 PREMIUM: $3 9171- 00 SUBDIVISION IMPROVEMENTS Tract Map No., 30331 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30331 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and 1 A OUINTA hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 1 Jam, 200.3, and identified as Tract Map No. 30331 , is hereby referred to and made a part hereof: and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the Cit��rr of La Quinta hereinafter called " Sit " , in penal sum of TWO HUNDRED SIXTY FOUR THOUSAND TWO HUNW � oh]l&MS (264,276.00) money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City. its officers, agents and employees, as therein stipulated, then this obligation shall become null and void- otherwise it shall be and remain in full force and effect. Asa part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F209 - Performance Bond Page 4 of 2 71 14 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such Change, extension of time. alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on 1 /72 , 200 LA QUINTA TAIAM. LLC Princip (Seal) S natur cipal Title of Signatory INSURANCE COMPANY OF THE WEST Surety (Seal) Signature Surety ATTORNEY —TN —FACT Title of Signatory 11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045 Address of Surety (858) 350-2900 Phone # of Surety GARY DILL Contact Person For Surety F201 - Performance Bond Page 2 or 2 72 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Diego On January 29, 2003 before me, PAMELA SUE MACKELL , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") R. GEOFFREY Mc COMIC personally appeared Name(s) of Signer(s) B'personally known to me O proved to me on the basis of satisfactory evidence to be the persorVA� whose name(W is/arc subscribed to the within instrument and acknowledged to me that he/sbe-eieduted PAMEIA SUE MACKELL the same in his/ber/tbletr authorized COnmisslon 01299+1+ Notary Plub5c _ capacity(09T, and- that by his4Wr/tb@r San Diego Coin � signatureWon the instrument the persor, or �c�n.Ev* * n?3,2 the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. C. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache4 Document Title or Type of Document: Document Date-�,�C_:"-ti- Number of Pages: Signer(s) Other Than Named Above: '• \ ' " Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limite ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conse Othe.-' r d ry ❑ General ator Signer Is Representing: -� 1999 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 " www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 73 is CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO ss. On 1/22/03 , before me, LAVETTA A. HERRING , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared LINDA L . DEUEL , Name(s) of Signer(s) KI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and LAVMA A HERRING acknowledged to me that iae/sheAkW executed CommiWon # 120M the same in Wither/lbkx authorized • Notary Rubric - California capacity(ies*, and that by Ws/her/theic Sam Mega County signature(s) on the instrument the person(a), or My C'Orr'rn-t'""ta• the entity upon behalf of which the person(s) acted, executed the instrument. W�ITN56S my hand and o icial seal. Place Notary Seal Above Signature of Notary Public/ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SURETY COMPANY ® 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 74 17 No. 0001102 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West; a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint PAUL J. HERING, REGINA REEVES, LINDA L. DEUEL, MARILOU KRAFT their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. �coN►�u�rgR 1Nal/q 'N� flu f►QDpP0 gq'4♦ +G Q r � SEAL L John H. Craig, Assistant Secretary State of California County of San Diego SS. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY �J,4 e John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTER COMM. # 1257540 n NOTARY PUBLIC-CALIFORNIA N SA D1EG0 COUNTY My Commission Expires MARCH 19, 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 22nd day of January 2003 John H. Craig, Assistant Secretary r To verify the authenticity of this Power of Attorney you may call 1-800-877-1 A 11 and ask for the Surety Division. Please refer to the Power of Attorney Numr,` the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. • .1 ATTACHMENT 4 PREMIUM: INCLUDED SUBDIVISION IMPROVEMENTS Tract Map No.. 30331 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved -the final map for Tract No. 30331 , prior to installation of certain designated public improvements required by the Conditions Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of Califomia, and LA QUINTA hereinafter designated as "the principal" have entered into an agreement whereby the pri cipal agrees to install and complete certain desi gated public improvements, which agreement, dat3, ed 1 %28 , 200 and identified as Tract Map No. 3(31 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15ImYme�Ipg with OS�tiQ�3Q,� g� SEVENTY of Part 4 of Division 3 of the Civil Code in the sum of Vt; TH AND jar gTx DOLLARS ($ 255, 276.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this boncd- Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension,, alteration, or addition. F202 - Labor and Material Band Page 1 of 2 76 1 in witness whereof, this instrument has been duly executed by the principal and surety above named, on 1 22 03 , 200 3 LA QUINTA LAIAM, LLC Principal (Seal) Sig ture of nci al Title of Signatory INSURANCE COMPANY OF THE WEST Surety (Seal) '§ignatur& Surety ATTORNEY —IN —FACT Title of Signatory 11455 EL CAMINO REAL, SAN DI G0, CA 92130-2045 Address of Surety (858) 350-2900 Phone At of Surety GARY DILL Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 77 20 f%A1 IcnRNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Diego On January 29, 2003 before me PAMELA SUE MACKELL , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") R. GEOF.FREY Mc COMIC personally appeared Name(s) of Signer(s) C�'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persorLW whose name(*}' is/aye' subscribed to the within instrument and acknowledged to me that he/sbey executed the same in his/F}er%their authorized fAMBA SUE MACKRL capacity(if j, and- that by his>Ar/tb@r Co im 6dan 112111101414 signatureWon the instrument the persorlK, or !WMI — the entity upon behalf of which the personW AVCNMA 6Iies,lan=M6 acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: vet'% Number of Pages: 0 fit- Signer(s) Other Than Named Above:'_ Capacity(ies) Claimed by Signer Signer's Name: M. ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 9- Other: Signer Is Representing:z 'It 1999 National Notary Association " 9350 De Soto Ave., P.O. Box 2402'• Chatsworth, CA 91313-2402 • www.nationainotary.org Prod. No. 5907 Reorder: i:all I011-1-ree iww-aio oocr W 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO ss. On 1 /22/03 , before me, LAVETTA A. HERRING , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared LINDA L . DEUEL , Name(s) of Signer(s) !A; A HERRING i Inc:.. risr� #83038 Sir: :`o Courtfaffia Z Cep -. ; .jNov= 4 KI personally known to me ❑ proved to me on the evidence basis of satisfactory to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ba/shefthey. executed the same in i6siher/#x)i:m authorized capacity(i=, and that by his/her/t�ekr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(* acted, executed the instrument. WITNE S hand and official s 1. Place Notary Seal Above Signature of Notary Public LZ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SURETY COMPANY 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 79 22 No. 0001102 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint PAUL J. BERING, REGINA REEVES, LINDA L. DEUEL, MARILOU KRAFT their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. �`ort�wr4, 1Ni1►q g�'�'�'o G o SEAL �p11.�' �'v'9�tOMA ♦o� Dt t John H. Craig, Assistant Secretary State of California County of San Diego ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally.known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PC►RTER r. COMM. #25754Q nn NOTARY PUBLIC -CALIFORNIA N N SAN COUNTY V My Commission Fxprres MARCH 19. 2004 '! Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be. facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 22nd day of January 2QO John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 l 11 and ask for the Surety Division. Please refer to the Power of Attorney Number the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 0�O 5 4 OFAGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 4, 2003 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with RBF Consulting to Provide Professional Engineering Services for the Eisenhower Drive Median Island and Median Island Landscape Improvements, Project No. 2001-02A RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with RBF Consulting in the amount of $67,625.00 to prepare the plans, specifications, and engineer's estimate for the Eisenhower Drive Median Island and Median Island Landscape Improvements, Project No. 2001-02A. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: General Fund: Gas Tax: Infrastructure Funds: RDA Project Area No. 1 Funds: Total Funding Available: Less Prior Expenditures': Amount Available: The following represents the anticipated project budget: Construction: Design: Insp/Test/Survey: Administration: $32,666.00 $72,265.82 $561,068.18 $1,200,000.00 $1,866,000.00 ($989,639.05) $876,360.95 $ 800, 000.00 $72,000.00 $ 40, 000.00 $ 20, 000.00 IReflects the costs expended through January 31, 2003 for the Washington Street Rehabilitation Phase of the project. T:\PWDEPT\COUNCIL\2003\030304b.wpd Professional: Contingency: Total: $12,000.00 $ 74, 000.00 $1,018,000.00 As illustrated, adequate funding is available to support staff's recommendation. A difference exists between the available funding ($876,360.95) and the anticipated project budget ($1,018,000.00) in the amount of $141,639.05. On January 21, 2003 the City Council adopted a Resolution allocating CDBG funds in the amount of $135,000.00 toward the Eisenhower Drive street improvements. Subsequent approval of this allocation is anticipated by the Riverside County Economic Development Agency. CHARTER CITY IMPLICATIONS: This project is partially funded with RDA Project Area No. 1 funds and may be funded with Federal CDBG Funding. Subsequently, the project must be bid utilizing prevailing wage requirements. Therefore, there are no charter city implications. BACKGROUND AND OVERVIEW: On June 18, 2002, the City Council awarded a contract in the amount of $689,684 to Matich Corporation to construct the Washington Street Pavement Rehabilitation Improvements, Project No. 2001-02. The project limits were Washington Street from approximately 1,700 feet north of Avenue 50 to Simon Drive and Eisenhower Drive from Washington Street to Coachella Drive. The Eisenhower Drive pavement rehabilitation improvements were delayed due to seasonal traffic concerns and the Coachella Valley Water District's (CVWD) desire to retrofit its water and sewer facilities within the project area. The City Council added the median island curb, median island landscape and irrigation, and median island lighting improvements to the project with the adoption of the FY 2002/2003 Capital Improvement Plan (CIP). On December 3, 2002, the City Council authorized staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable constructions costs for the Eisenhower Drive Street Improvements, Project No. 2001-02A and appointed a Consultant Selection Committee. On January 7, 2003, the City received proposals from two (2) firms interested in providing these services. The Consultant Selection Committee unanimously recommends RBF Consulting be awarded a PSA in the amount of $ 67, 625.00. 2 T:\PWDEPT\COUNCIL\2003\030304b.wpd Contingent upon City Council approval of the attached PSA (Attachment 1) on January 21, 2003, the following represents the project schedule: City Council PSA Approval March 4, 2003 Design March - July 2003 City Council PS&E Approval August 2003 Project Advertisement September 2003 Construction October 2003 FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA) with RBF Consulting in the amount of $67,625.00 to prepare the plans, specifications, and engineer's estimate for the Eisenhower Drive Median Island and Median Island Landscape Improvements, Project No. 2001-02A; or 2. Do not approve a Professional Services Agreement (PSA) with RBF Consulting in the amount of $67,625.00 to prepare the plans, specifications, and engineer's estimate for the Eisenhower Drive Median Island and Median Island Landscape Improvements, Project No. 2001-02A; or 3. Provide staff with alternative direction. RespectfuYy s itte 4ub othy . Jonasson, P.E. lic Works Director/City Engineer Approved for submission by: n- Mark Weiss, Assistant City Manager Attachments: 1. Professional Services Agreement T:\PWDEPT\COUNCIL\2003\030304b.wpd PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and RBF Consulting ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Eisenhower Drive Pavement Rehabilitation, Median Island and Median Island Landscape Improvements, Project No. 2001-02A as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant 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 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. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant 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. Consultant 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, Consultant 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 Consultant 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 Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof) . 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, 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 Consultant shall not relieve Consultant 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 Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant 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. A T:\PWDEPT\PROJECTS\2001 Prjcts\2001-02A Eisenhower\RBFPSA.wpd 4 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Sixty Seven Thousand Six Hundred Twenty Five Dollars ($67,625.00) (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 Consultant'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 Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) 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 Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 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 Consultant, including, 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 Consultant 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. S5 TAMDEPT\PROJECTS\2001 Prjcts\2001-02A Eisenhower\RBFPSA.wpd 3.4 Term. 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. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Robert G. Ross, P.E., Vice President b. Malak Modarressi, Project Manager 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 Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant 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 Steven D. Speer, P.E., Assistant City Engineer, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant 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 Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant 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. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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. Consultant 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 Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. • U TAPWDEPT\PROJECTS\2001 Prjcts\2001-02A Eisenhower\RBFPSA.wpd 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit 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 Consultant's acts or omissions rising out of or related to Consultant'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 Consultant'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 and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant'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 Consultant'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. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, "City indemnitees," 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 (including property owned by the City) ("claims") and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor, LOOM TAMDEPT\PROJECTS\2001 Prjcts\2001-02A EisenhowerMFPSA.wo 7 and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant 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 Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant 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 Consultant'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 Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant 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 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 Consultant, 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 Consultant 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. Consultant shall cause all subcontractors •• TAPWDEPT\PROJECTS\2001 Prjcts\2001-02A Eisenhower\RBFPSA.wpd Q V to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant 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 Consultant 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 Consultant 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 Consultant 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. Consultant 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. 7.0 ENFORCEMENT OF AGREEMENT. 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 Consultant 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 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 Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant 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 Consultant 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 Consultant. 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 A �A TAPWDEPT\PROJECTS\2001 Prjcts\2001-02A Eisenhower\RBFPSA.wpd 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 Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant 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 Consultant. If termination is due to the failure of Consultant 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 Consultant 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 Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 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. 8.0 CITY OFFICERS AND EMPLOYEES• NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant 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. Consultant 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. Consultant 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. Consultant shall take affirmative action to insure that applicants are employed and TAPWDEPT\PROJECTS\2001 Prjcts\2001-02A Eisenhower\RBFPSA.wpd .10 that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 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: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: RBF CONSULTING Attention: Robert G. Ross, P.E. Vice President 74-410 Highway 1 1 1 Palm Desert, CA 92260 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. 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 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 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 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. 91 TAMDEPT\PROJECTS\2001 Prjcts\2001-02A Eisenhower\"FPSA.wpd :1 I IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT By: Name: Robert G. Ross, P.E. Title: Vice President Date: 9^ TAMDEPT\PROJECTS\2001 Prjcts\2001-02A EisenhowerMFPSA.wo 12 Exhibit A Scope of Services RBF Consultants scope of services, dated February 20, 2003, is attached and made a part of this Agreement. 93 is EXHIBIT "A" Scope of Services TASK 1.1 SURVEY CROSS SECTIONS RBF shall obtain survey cross sections at 25 foot stations for Eisenhower Drive from station 51 + 00 and 81 + 61 and as deemed necessary to complete the Street Improvement Plans. All above ground structures, utilities and other facilities that may be affected by construction will be located. TASK 1.2 UTILITY COORDINATION RBF will identify all utilities within the impact area of the proposed project. Agencies responsible for the design and construction of any facilities requiring relocation will be identified. RBF will coordinate with CVWD regarding its proposed water and sewer improvement project. TASK 1.3 ROADWAY GEOMETRICS/BASE SHEETS RBF shall review and update the Geometric Layout/Base Sheets for Eisenhower Drive. This plan will depict the proposed width, lane configuration, curb median, and left turn and right turn pockets. This plan will be prepared at a scale of 1 " = 100' and will be reviewed with the City of La Quinta prior to preparing final improvement plans. TASK 1.4 STREET REHABILITATION PLANS RBF shall update Street Rehabilitation Plans for Eisenhower Drive within the stated projected limits in accordance with the City of La Quinta standards. It is anticipated that one title sheet, one detail sheet, and five plan sheets at a scale of 1 " = 40' will be required. TASK 1.5 SIGNING AND STRIPING PLANS RBF shall update the Signing and Striping Plans for Eisenhower Drive based upon the proposed street improvements and in accordance with the City of La Quinta standards. The plans will show new, relocated and removed roadside signs and new and removed pavement delineation lane lines and pavement markings. It is anticipated that two plan sheets at a scale of 1 " = 20' and one detail sheet will be required. TASK 1.6 LANDSCAPE CONCEPT PLAN RBF shall prepare one Conceptual Landscape Plan for the raised median of Eisenhower Drive at a scale of 1" = 20'. The Concept Plan will include one presentation quality color rendering, elevations and photographs representative of the plants to be utilized in the project, the plan will be prepared based on site opportunities and constraints, City of La Quinta Standards, Coachella Valley Water District Standards and Project Goals and Objectives of the City of La Quinta. The Concept Plan and a Preliminary Estimate of construction costs will be presented to the City for review, comment, approval and processing with each agency's. TASK 1.7 LANDSCAPE IRRIGATION DOCUMENTS RBF shall prepare one set of Landscape Irrigation Construction Documents including Plans, Specifications and Estimates in sufficient form and detail to construct landscape and irrigation improvements. The plans will be prepared based on the approved Landscape Concept Plan. The Plans will be prepared in AutoCAD at a minimum scale of 1" = 20' on 36" x 24" standard sheets. The plans shall include 94 14 one cover sheet, two irrigation notes and detail sheets, four irrigation plan sheets, one planting notes and detail sheet and four planting plans. TASK 1.8 LIGHTING DOCUMENTS RBF shall prepare one set of Lighting Construction Documents for low voltage lighting in the medians including Plans, Specifications and Estimates. Coordination will be performed with IID to identify the point of connection. The Plans will be prepared in AutoCAD at a minimum scale of 1" = 20' on 36" x 24" standard sheets. TASK 1.9 SPECIFICATIONS RBF shall prepare construction specifications, using the City "boilerplate" for the contract documents and general provisions, which include technical specifications for construction of each item of work in the Project. The City will provide the boilerplate information in a digital format. TASK 1.10 ENGINEER'S COST ESTIMATE RBF will prepare an Engineer's Cost Estimate with quantities and unit prices with back-up calculations for all quantities. Unit prices will be based upon current City of La Quinta, County cost data and RBF's database for recent similar projects. TASK 1.11 PROJECT MANAGEMENT, COORDINATION AND MEETINGS RBF will meet with City staff to update the City on the progress to -date, work to be accomplished in the next period, and potential problems of a technical nature or forecasted budget/schedule requirement. For budgeting purposes it is estimated that four (4) meetings will be required. TASK 1.12 BIDDING ASSISTANCE RBF Consulting shall assist in the production and distribution of any contract addendums to clarify the bid documents that may be requested by the City. RBF will also assist in responding to questions raised by prospective bidders on the project. For budget purposes, 8 hours bidding assistance have been assume under this task. TASK 1.13 CONSTRUCTION ASSISTANCE RBF Consulting shall attend construction meetings as requested by the City to assist in the interpretation of design documents and resolve construction issues during the construction phase. If found necessary, RBF Consulting shall assist in the re -design of design documents to meet unforeseeable field conditions. This redesign will be considered additional work and will be addressed once the scope is determined. For budget purposes 24 hours of construction assistance have been assumed under this task. OPTIONAL SERVICES AND CONDITIONS Work relating to the following items is specifically excluded from this Scope of Services and, if required, will be undertaken for an additional fee: • Construction Administration, Management and Inspection • Storm Drain Plans • , Street Light Plans • , Signal Timing and Coordination Plans • Underground Utility Planning/Utility Relocation Plans • Storm Water Pollution Prevention Plan • , Any other task not specifically included in the scope 95 2-2 15 Exhibit B Schedule of Compensation Payment shall be made on a Lump Sum Fixed Fee basis in accordance with the Consultant's Cost Proposal Sheet, dated February 20, 2003, attached herewith and made a part hereof, in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Sixty Seven Thousand Six Hundred Twenty Five Dollars ($67,625.00) except as specified in Section 1.6 - Additional Services of the Agreement. Any eligible direct costs will be reimbursed at cost plus 10%. Work objectives 1.11 Bidding Assistance and 1.12 Construction Assistance are optional and will be billed on a Time and Materials basis. Optional work objectives shall not be initiated unless approved in writing by the City Engineer. 96 is eo m N o g to m a V to a O v p tc S a V I o h m n n 08 OD V) o o y 0 cV w ri H v N � 2 0 N � n N N CO tq N w h 40 N N N m N N N N N � Z tl Q to ? N N t7 O to O N O t0 N h t0 e` V N t0 Of co V N p � S N O f0 O H O w O H O H O H O H O N O N O N O H O O N O H L z U O M M Q f m o A 7 N N O x O L N M V N H n0 O V w Oa co N t0 C> t0 f0 Of N H O N O H O N O N O w O w 10 a0 w N O N O N ZZ � M t0 b t0 C z N S V O S r M O N O � w O � N O O H O �t C H O N O N Q ww O H O N O H N O H O N 00 L t. yt� K a0 O O toN O W N S2 U) W O S C N HH N GH N w GON NH N N HN O L ry_ a U) 3 W aq W N (.)~ C x Z � a W ww NwNw M QWgyi am w ! 1&w N w N MMp2t W O �3W W O L ,L0M o O N vch O O �WW 2 0WN z C aOD U W N y W x a y ~ 7 O N Si n M r N H wNNwNro H H ei N N M N L O N N t0 t0 N O O 10 V r N WON/ W z N d' O a z S 0 N H aa a W ro rNi N a00 r N N (V w Epp H n H a Y N n H I N c�i N co°D FL N V t0 V t0 O N w N t0 b < F N W N N Q O Z a S a� 0 CO z w a o z x w W D W D z a 0 IL CO z z g a O o O o O U O a V zd U y o z a O ~ N LU w N 3 OJ p y 0 W ~ i H_ J _ a � W z Q � x 0 y W h W w V Z ~ v) Z J O z to N O o W o W o U w w O _z 0 U N W O J w < x °d °d °d w < w Cl) z 3 w W z Z ai O ai O ( O U LU Z W? z z m WqDK co ( NW a2 CO UO K C) U. N th V t0 t0 r f` tC T O J H N NW 6L Q F i a ccD O O 9 � N 17 Exhibit C Schedule of Performance Consultant shall complete all services on or before July 18, 2003. RBF Consulting's Project Schedule, dated February 20, 2003, is attached and made a part of this Agreement. .9 S Cam: § ' Q-- ---------------------------------- \ -- | k | \ \ \ ' ------------------------------------------ 2 \ � \ | ! \ \ \ \ � \ ------ — --— ---- a = w = _---------- 2 � � � ! W, \CL ~ ■o | / • /j--- » ------ �- x --------------------------- w§G § \ ` � \ \ § ------------------------------------------ � f § § .......................................... _ ± 2 � J . � f f I 2 -I� E $ } . .: \. . ... .. . .. .. . w �.... ..... 7.. w... ..:�...: . § ■ m . . . . . . 7 e ; . 1.12 ! \ V , 19 Exhibit D Special Requirements None. COUNCIL/RDA MEETING DATE. March 4, 2003 ITEM TITLE: Approval of a Request for Proposal (RFP) to Obtain Professional Engineering Services for the Highway 1 1 1 Street Improvements, From Simon Drive to Adams Street, and Appoint a Consultant Selection Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Appropriate $312,000 from General Fund Reserves, authorize staff to distribute a Request for Proposal (RFP) for the preparation of plans, specifications, and engineer's estimates for the Highway 1 1 1 Street Improvements, and approve the consultant selection committee. FISCAL IMPLICATIONS: The project is tentatively scheduled to receive 100% funding from the Coachella Valley Association of Governments (CVAG) through the Riverside County Transportation Commission (RCTC) from the Measure "A" State Highways Account beginning in Fiscal Year 2003/2004 and 2004/2005. Considering the anticipated funding and the project's local priority, staff recommends City Council appropriate $312,000 from General Fund Reserves (101-000-300-290) to accelerate project activities. Staff will continue to work with CVAG and RCTC to secure reimbursement. The following represents the planning level budget estimate to improve the south side of Highway 1 1 1 from Simon Drive to Adams Street: Design $19,756 Construction Management $19,756 Inspection/Testing/Survey $15,311 Construction $197,563 Contingency $45,733 City Administration $13,881 [TOTAL ANTICIPATED COSTS: $312,000 lot CHARTER CITY IMPLICATIONS: The project proposed is located wholly within the city of La Quinta and will be funded with locally generated revenues. The project is not required to be bid with prevailing wage requirements due to the City's status as a charter city. BACKGROUND AND OVERVIEW: On July 17, 2001, the City Council approved and adopted the Fiscal Year 2001 /2002 Capital Improvement Program (CIP) as part of the annual budget. The Highway 1 1 1 Corridor Improvements are included, as follows: Highway 1 1 1 Corridor Improvement, City Project No. 2001-07 Improve Highway 1 1 1 to its ultimate General Plan Configuration through -out the City of La Quinta Corporate Boundary. The proposed improvements to Highway 1 1 1 are identified as "named" Measure A improvements. Subsequently, the improvements are eligible to receive 100% funding for all work within the State right-of-way. Since 2001, CVAG and RCTC have worked to establish funding priorities for all Highway 111 improvements within the Coachella Valley. The City of La Quinta recently submitted revised priorities and planning level cost estimates for three segments within the City. These segments include: Priority No. 1 - Simon Drive to Adams Street - $312,000 This segment is approximately 1,250 feet long. Improvements include installing a 12' travel lane, an 8' shoulder, curb and gutter, an 8' sidewalk, and four handicap ramps. Priority No. 2 - Adams Street to Jefferson Street - $1,861,000 The Highway 1 1 1 corridor within the Adams Street to Jefferson Street segment is partially complete to six lanes with a raised curb median. The unimproved section is approximately 3,890 feet. Improvements include installing a 12' travel lane, an 8' shoulder, curb and gutter, an 8' sidewalk, four handicap ramps, traffic signal modifications, and acquiring 15 additional feet of right-of-way. Priority No. 3 - La Quinta/Indian Wells City Limit to Washington Street - $321,000 This segment is approximately 350 feet long. Improvements include installing curb and gutter, an 8' sidewalk, handicap ramps, a raised curb median, and mitigation of the rock fall hazard adjacent to Pt. Happy. 2 Funding for these segments is being addressed by CVAG and is tentatively scheduled to begin during Fiscal Year 2003/2004 for the City's first priority and continue through FY 2008/2009 for the City's third priority. Accelerating the proposed improvements using local revenue will not jeopardize reimbursement for eligible costs. However, reimbursement will not be received until the project is prioritized to receive funding. The Request for Proposal (RFP), Attachment 1, solicits proposals from qualified engineering consultants to prepare plans, specifications, and probable construction estimates (PS&E) for the Highway 1 1 1 segment between Simon Drive and Adams Street. The Consultant Selection Process as outlined within City Resolution 96-80 will be followed. The City Council by this report is notified of the potential need to contract for professional services in excess of $10,000. The recommended consultant selection committee consists of: • Tim Jonasson, P.E., Public Works Director/City Engineer • Steve Speer, P.E., Assistant City Engineer • Nick Nickerson, Contract Project Manager Contingent upon City Council Approval of the RFP on March 4, 2003, the following represents the project schedule: Issue RFP March 5, 2003 Proposal Due Date April 8, 2003 Consultant Selection Process April 8 - 28, 2003 Recommendations to City Council May 6, 2003 Project Design (4 months) May 2003 - September 2003 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Appropriate $312,000 from General Fund Reserves, authorize staff to distribute a Request for Proposal (RFP) for the preparation of plans, specifications, and engineer's estimates for the Highway 1 1 1 Street Improvements, and approve the Consultant Selection Committee; or 2. Do not appropriate $312,000 from General Fund Reserves, do not authorize staff to distribute a Request for Proposal (RFP) for the preparation of plans, specifications, and engineer's estimates for the Highway 111 Street Improvements, and do not approve the Consultant Selection Committee; or 101 3 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jo sson . E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposal (RFP) 104 4 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES HIGHWAY 111 CORRIDOR IMPROVEMENTS The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for the City of La Quinta Highway 111 Corridor Improvements. The proposed improvements will widen the south side of Highway 111 from Simon Drive to Adams Street. This segment is approximately 1,250 linear feet long. Proposed improvements include installing one 12' travel lane, an 8' shoulder, curb and gutter, and four handicap ramps. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and base map preparation; • Research right-of-way needs and provide right-of-way acquisition services, as necessary; • Perform utility coordination and obtain clearances; • Perform coordination with the California Department of Transportation (Caltrans) District 8 and obtain any necessary encroachment permits; • Perform coordination with local, regional, State and/or Federal agencies as necessary; • Prepare project plans, contract documents, bid documents, special provisions and engineers estimates of probable construction costs; Project Development Process Generally, the project development process will be as follows: 1. Project Kick-off A. Initial meeting between the consultant and City staff to identify project design constraints and objectives. B. Consultant will prepare preliminary concept drawings as outlined in the project description and present to staff for review and comment. C. Based upon input received from staff, consultant will revise the improvement plans and concept plans for approval by staff. 105 41 2. Agency Approval A. Consultant will submit improvement plans, concept plans, and/or other necessary documents to City to obtain approval. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the La Quinta City Council for review and Comment. Consultant will be expected to prepare any necessary supporting documentation. D. Based upon comments received from the City Council, consultant may be required to make additional corrections to the Plans, Specifications, and Estimates (PS&E). E. All approved plans will be provided to the City on electronic medium in AutoCAD 14 or 2000 format, as well as on "D" size Mylar. The project specification documents, including technical specifications and engineer's estimate, will be provided on electronic medium in a format acceptable to the City. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before April 8, 2003. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Steven D. Speer, P.E., Assistant City Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 106 N Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed. tasks and reflecting May 1, 2003 as the start date. The project schedule should include all City review and approvals expected during the project period. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. 107 Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contact negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 108 COUNCIL/RDA MEETING DATE: March 4, 2003 ITEM TITLE: Approval to Award a Contract to Furnish and Install Modular Skate Park Equipment for Project No. 2000-15B, Fritz Burns Park Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract in the amount of $81,280 to Cora Constructors to furnish and install the specified modular skate park equipment for Capital Improvement Project No. 2000-1513, La Quinta Skate Park at Fritz Burns Park. FISCAL IMPLICATIONS: This project is currently identified within the City Is approved Capital Improvement Program (CIP) for Fiscal Year 02/03. The following summary is provided: Amount Budgeted - RDA Project Area 1 $284,894 Expenditures to Date ($91,270) Remaining Fiscal Commitment- Fritz Burns Court Lighting ($15,669) Contract Amount La Quinta Skate Park at Fritz Burns Park ($81,280) Remaining Project Funds Available $96,675 As indicated, adequate funding is available to award this contract. Contract administration, inspection and other construction field support tasks will be coordinated through overlapping CIP Project No. 2000-15A, Phase II Fritz Burns Park Court Improvements. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the City Council meeting of November 5, 2002, the City Council authorized the conversion of existing roller hockey courts to a skate park facility and authorized staff to solicit bids to furnish and install modular skate park equipment. 1 o 3 T:\PWDEPT\COUNCIL\2003\030304d.Wpd On January 27, 2003, the City Clerk opened sealed bids to perform work specified as Project No. 2000-1513, La Quinta Skate Park at Fritz Burns Park. The following list indicates responsive bidders and their respective bid amounts. Bidder Amount Cora Constructors $81,280 Heisler Landscape $88,858 Creative Contractors $89,985 Commercial Diversified $95,541 The Engineer's Estimate of probable construction costs was $86,982. The lowest responsive bidder was Cora Constructors of Palm Desert, California with a verified bid amount of $81,280. Once this contract is awarded, the contractor will place the order with the manufacturer to purchase the modular skate equipment. This will allow the contractor who is awarded Project No. 2000-15A, Phase II Fritz Burns Park Court Improvements, to perform the court conversion prior to installation of the modular skate park equipment by Cora Constructors. The following is the milestone schedule for this project: Notice of Award March 5, 2003 Contract Documents Executed March 18, 2003 Contractor places order to manufacturer March 24, 2003 Notice to Proceed (60 consecutive days) March 31, 2003 Manufacture, delivery and installation April 7 to June 7, 2003 Depending upon the actual manufacturers lead time and the progress of the contractor performing the court conversion, this schedule may be accelerated to be completed before June 7, 2003. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Award a contract in the amount of $81,280 to Cora Constructors to furnish and install the specified modular skate park equipment for Capital Improvement Project No. 2000-1513, La Quinta Skate Park at Fritz Burns Park, or; 110 T:\PWDEPT\COUNCIL\2003\030304d.wpd 2 2. Do not award a contract in the amount of $81,280 to Cora Constructors to furnish and install the specified modular skate park equipment for Capital Improvement Project No.2000-15B, La Quinta Skate Park at Fritz Burns Park, or; 3. Provide staff with alternative direction. Respectfully submitted, a othy R. Jonasson, P.E. blic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 111 T:\PWDEPT\COUNCIL\2003\030304d.wpd 3 COUNCIL/RDA MEETING DATE:March 4, 2003 Authorization for Overnight Travel for the Historic Preservation Commission, Planning Manager and Principal Planner to Attend the 28th Annual California Preservation Conference to be Held in Santa Barbara, California, April 24-27, 2003 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the authorization for overnight travel for the Historic Preservation Commission, Planning Manager and Principal Planner to Attend the 28th Annual California Preservation Conference to be Held in Santa Barbara, California, April 24-27, 2003. The approved Preliminary Fiscal Year 2002/2003 Budget allocates $7,000 for the Historic Preservation Commission and Community Development Department staff to attend conferences. Attendance at this conference is estimated to be $1 153 per person based on the following costs: Registration $200 Travel $147 Hotel $556 Meals $250 TOTAL $1 153 These funds are budgeted in the Travel and Meetings Accounts for the Community Development Department (101-401-637-000 and 101-402-637-000). None. Funds have been budgeted for Commissioners and staff to attend conferences in years past. In order to maintain our Certified Local Government status, Commissioners and staff are required to obtain continuing education credits. Historic Preservation G:\WPDOCS\CC Stf Rpts\HPC-Travel.wpd 112 Commissioners Robert Wright, Leslie Mouriquand, Archie Sharp, and Maria Puente, along with the City's Planning Manager and Principal Planner, are scheduled to attend. Information regarding the conference is contained in Attachment 1. The alternatives available to the City Council include: 1. Approve the authorization for overnight travel for the Historic Preservation Commission, Planning Manager and Principal Planner to Attend the 28th Annual California Preservation Conference to be Held in Santa Barbara, California, April 24-27, 2003; or 2. Do not approve the authorization for overnight travel for the Historic Preservation Commission, Planning Manager and Principal Planner to Attend the 281h Annual California Preservation Conference to be Held in Santa Barbara, California, April 24-27, 2003; or 3. Provide staff with alternative direction. Respectfully submitted, -ry hemnan mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . The 28th Annual California Preservation Conference 113 G:\WPDOCS\CC Stf Rpts\HPC-Travel.wpd 2 r �x 44 EyT S UPDATED: Feb. 23, 2003 2003 WORKSHOP SERIES Determining Eligibility: How Do I Know If It's Historic? February 27 - Glendale More information & registration form - SECURE online registration now available! CEQA and Historic Resources February 28 - Glendale More information & registration form - SECURE online registration now available! Design Review June 19 - Sacramento Secretary of the Interior's Standards June 20 - Sacramento Incentives for Historic Preservation Projects September 26 - Berkeley Contact the CPF office at (510) 763-0972 for more information. The 28th Annual California Preservation Conference "A Blueprint For Preservation" April 24-27, 2003 Santa Barbara, CA The conference will feature five tracks consisting of educational sessions and mobile workshops: Cultural Landscapes - People, Plants and Partnerships Local Preservation Issues - All Preservation Begins with You ATTACHMENT #1 Technology Toolkit - Best and Current Practices Architectural History - Worker Housing to High Style: Looking, Learning and Research Legal - Planning for the Inevitable 114 Tours & Mobile Workshops - Experts Present Santa Barbara County's Best 28th Annual California Preservation Conference Co-sponsors - California Preservation Foundation & Pearl Chase Society. Major support from - City of Santa Barbara, County of Santa Barbara, California Office of Historic Preservation and the Santa Barbara Trust for Historic Preservation. A Blueprint For Preservation April 24 - 27, 2003 Santa Barbara The Conference Will Feature Five Tracks Consisting Of Educational Sessions And Mobile Workshops: Cultural Landscapes People, Plants and Partnerships Local Pre-serv-ation'- I ssues All Preservation Begins with You Register Technology Toolkit Best and Current Practices Architectural History Worker Housing to High Style - Looking, Learning and Research Legal Planning for the l nevitable Tours & Mobile Workshops Experts Present Santa Barbara County's Best WWW.CALI FORNI APRESERVATI ON.ORG Available in February; CPF & Pearl Chase Society members will be sent brochures. To be added to the Conference mailing list contact CPF at cpf@califomiapreservation.org or at (510) 763-0972, and give your name, email address, U.S. Mail address and phone number. The brochure will also be posted on CPF's website www.cafiforniapreservation.org. CONFERENCE REGISTRATION FEES (For registration fees received by Monday, March 24, 2003.) $200 for CPF & Pearl Chase Society members; $275 for Non -Members. Registration Fee includes the Plenary and all Conference Educational Sessions. (Additional fees for tours, mobile workshops and special events.) Special package options will also be available. CONFERENCE HEADQUARTERS - RADISSON HOTEL, SANTA BARBARA $139 per night (Single or Double). To receive this rate, mention the "California Preservation Foundation" when booking. Rooms are available at this rate, on a first -come -first -served basis, only through Monday, March 24, 2003. For hotel room reservations, call (800) 643-1994. 1 t s 4 / T Pz W ryrC• �cG��l�� ' S ti OF 9 COUNCIL/RDA MEETING DATE: March 4, 2003 ITEM TITLE: Authorization for Overnight Travel for the City Clerk to Attend the City Clerks Association of California Annual Institute - April 15-18, 2003 in San Francisco, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the City Clerk to attend the City Clerks Association of California Annual Institute to be held in San Francisco, California, April 15 - 18, 2003. FISCAL IMPLICATIONS: This conference will be funded from Travel, Training and Meetings Account #101- 201-637-000. The breakdown of estimated expenditures for this meeting is as follows: Registration $395. Meals 130 Travel 225 Hotel 562 Total $1,312 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual institute provides educational opportunities for California City Clerks in subjects such as, "Negotiations and Conflict Resolution, Successful e-government, and Managing Electronic Records." It is also approved by the International Institute 116 of Municipal Clerks (IIMC) for continuing education credits necessary for the Master Municipal Clerk designation. The tentative program is outlined on Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the City Clerk to attend the City Clerks Association of California Annual Institute in San Francisco, California April 15-18, 2003; or 2. Do not approve authorization for overnight travel for the City Clerk to attend the City Clerks Association of California Annual Institute in San Francisco, California April 15-18, 2003; or 3. Provide staff with alternative direction. Respectfully submitted, AaWdreek, fCiitZyvCerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Annual Institute Tentative Agenda 61 T it CITY CLERKS ASSOCIATION OF CALIFORNIA rw a rd Minister MaLe A Dfference CITY CLERKS ASSOCIATION OF CALIFORNIA ANNUAL INSTITUTE April 16th - 18th, 2003 San Francisco, California 118 Tentative Agenda CITY CLERKS ASSOCIATION OF CALIFORNIA 2002/2003 OFFICERS PRESIDENT.................................................................. Gayle Petersen, CMC, Petaluma FIRST VICE PRESIDENT .......................................... Deborah Harrington, CMC, Camarillo SECOND VICE PRESIDENT .................................................. Joann Tilton, CMC, Manteca RECORDING SECRETARY .............................................. Dawn Abrahamson, CMC, Pinole COMMUNICATIONS DIRECTOR ................................... Lynda Burgess, CMC, Diamond Bar LEGISLATIVE DIRECTOR ....................................... Gail Vasquez -Connolly, CMC, Norwalk PROFESSIONAL DEVELOPMENT DIRECTOR ........................ Colleen Nicol, MMC, Riverside TREASURER........................................................... Shalice Reynoso, CMC, Buena Park NORTHERN DIVISION CHAIR ............................................... Karen C Diaz, CMC, Brentwood CENTRAL DIVISION CHAIR ........................................................ Martha Jantzen, Atwater SOUTHERN DIVISION CHAIR ................................................. Kay Vinson, MMC, Murrieta TRUSTEES: Elaine Boehme, CMC (North) Concord Pamela McCarthy, CMC (Central), Bakersfield June S. Greek, CMC (South), La Quinta PROFESSIONAL DEVELOPMENT REPRESENTATIVES: Carolyn Parkinson, CMC (North), Roseville Vacant (Central) Evelyn Clark, CMC (South), Walnut till IMMEDIATE PAST PRESIDENT ................................... Katherine Meissner, CMC, Stockton CiTY CLERKS ASSOCIATION OF CALIFORNIA ANNUAL INSTITUTE TENTATIVE AGENDA April 16"' - 181h. 2003 San Francisco, California Tuesday, April -is"": 2-5 Conference Registration 3-5 State Board Meeting 5:30 - 7:30 Board of Directors Meeting and Reception On your Own: 6 Teatro ZinZani A full evening of entertainment and dining, Teatro ZinZanni combine some of the world's most renowned cirque artists, contortionists, aerial artists, jugglers and illusionists with live music from a five -piece band and a gourmet five -course meal. Guests quickly discover that the entertainment is not confined to the stage as European clown characters engage and entertain the entire room. Teatro ZinZanni breaks new artistic territory with this intoxicating blend of interactive theater, spectacle, fine arts and fine dining, put together under the artistic direction of One Reel's Norman Langill. Tickets: 41 5-438-2668 Location: Pier 29 on the Embarcodero at Battery Cost: $99 +, additional fees charged if purchased on night of event 8 'The Producers' at the Orpheum Theatre Highly acclaimed musical comedy by Mel Brooks. Max Bialystock is a theatrical producer who sweet-talks rich old women to get them to invest in his Broadway plays. Then he meets Leo Bloom, who innocently realizes that if Max were to get a lot of money to invest in a play which was guaranteed flop, that they would be rich. The two then proceed to find the worst play ever written, obtain a large number of investors, hire a lead actor and director with absolutely no talent, and then sit back and wait for the bad reviews. The plan is faultless..... n Tickets: 4 1 5-5 1 2-7770 `" 4 Location: 1 1 92 Market Street @ 8"' Street Cost: $39 - $8i per person Thursday, April 17th Continued i 0:45 - > > :30 Session D - Non -Technical Track "Council and the City Clerk Relationship and Conflicts of interest" Michael Mortello, City of Mountain View 12 - 1 :30 Association Luncheon "September 11 ' -Day of Caring" A blueprint of how all City and County Government in Sonoma County have implemented a "Day of Caring" with all agencies pulling together with the assistance of the United Way to provide volunteers to go into the community to assist those in need and how those volunteers continue their service throughout the year. Eeve Lewis County Clerk/Recorder/Registrar Sonoma County 2-3 General Session "How We Perceive Ourselves" Mr. Webber will present a general session which will help us reflect on how we perceive ourselves, how we communicate with others, and will impart his views on issues such as common sense and responsibilities with a humorous approach. Mr. Webber is a politician... and unashamedly admits it. He has been a disc jockey, a TV personality, actor, professional musician, college professor, and has served in public office for more than 35 years. Mr. Clyde R. Webber Clerk of Court Concordia Parish, Louisiana 3:30 - 4 Refreshment Break, Exhibitor Visitation Exhibitor drawing and announcements Announcement of Art Walk Auction winners Grand Prize Raffle drawing - must be present to win 121 L Thursday, April 1 7' Continued 6-7 Cocktail Reception, Celebration of City Clerks Association of California 3o' Anniversary "Black and White" Semi -formal Celebration Entertainment by San Francisco Fran 7 - President's Ball Clerk of the year Presentation Awards of Distinction Music by Mitch Woods and the Rocket 88's Caricature Artist provided by lE Innovative Entertainment Stroll around through the sights, sounds and especially the smells of San Francisco while enjoying the taste treats at each of the stations. North Beach Station will offer numerous pastas with salad; Mission Dolores Station will offer a variety of fajitas and quesadinas; Chinatown Station will offer potstickers, wontons, roast duck, Cantonese spare ribs and Mu Shu; Fisherman's Wharf Station will offer crab and shrimp cocktails and clam chowder in sour dough bread bowl; and the always favorite - the Ghiradelli Square Station with all the sweet treats to include truffles, petite fours, chocolate strawberries and of course, Ghiradelli chocolate. All the while you can sample some of the finest wines and beers California has to offer. Friday, April 18t'': 9 - -f 1 :3o General Session, Farewell Breakfast "Ethical Decision Making" An overview on the decision making process. Many people have never been taught how to make a decision, and what needs to be considered in the decision making process. In this presentation a ten step process, GR1DM, is covered to demonstrate a technique to make better, ethical decisions. Gordon 1. Graham Graham Research Consultants 12 Adjourn. Pay It FWrward ® Minister Mentor Make A Difference COUNCIL/RDA MEETING DATE: Consideration of a Fireworks Presentation at the Cultural Arts Commission's Spring Event RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: L March 4, 2003 CONSENT CALENDAR: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: STUDY SESSION: ` PUBLIC HEARING: Should the City Council approve the fireworks presentation, an amount up to $8,000 from Community Services Department Account #101-251-609-536 (Community Special Events) could be allocated for this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 21, 2003, the City Council approved a performing art event hosted by the Cultural Arts Commission (Commission) on April 25, 2003. In addition to a dance troupe and jazz band, the Commission would like to have a fireworks presentation at the conclusion of this event. At the November 5, 2002 City Council meeting, the City Council approved two performing events to be offered by the Cultural Arts Commission with a total budget of $18,302. The first event was the entertainment for the Civic Center Campus dedication. The second event approved was entertainment for the Community Picnic. The Commission has selected the date of April 25 to offer the second performing event. Of the $18,302 budgeted for the performing events, $8,302 was spent on the Civic Center Campus dedication event, leaving a balance of $10,000 for the April 25 event. 123 1 Due to a large number of participants anticipated at this event, additional staff time will be necessary to monitor the Senior Center, the Civic Center Campus area and to provide maintenance duties. It is anticipated that staff cost will not exceed $2,500'. In addition to the parking at or around the Civic Center Campus, the City's parking lot in the Village will be utilized. A parking service will be used to provide parking lot monitoring as well as monitoring the City -owned parking lot in the Village used for public parking. The cost for a parking service is approximately $2,000. Electric vehicles will be used to transport the public to the Civic Center Campus from the city lot. There will be a charge of approximately $1,000 for staff and the rental of vehicles to transport people. Advertisement for the event is anticipated to cost $500. The City has entered into an entertainment agreement with the Sidestreet Strutters for the April 25 event in the amount of $4,000. In addition to the entertainment component of the event, the Commission has discussed offering a fireworks presentation at the event. Staff has met with a representative of Pryo Spectaculars, Inc., the pyrotechnic company that was used for the City's 201" Anniversary Celebration fireworks show. After reviewing the site for clearances necessary for the launching of fireworks, the fireworks consultant from Pryo Spectaculars, Inc. has determined that the area located just west of City Hall would provide the radius of clearance needed. Attachment 1 provides a site map with the proposed launch site marked. Using this site will require the north parking lot to be closed due to the proximity of the shells being discharged. Pryo Spectaculars, Inc. provides general liability insurance and hazardous material transportation insurance in the amounts of $1 million and $ 5 million respectively as well as workers compensation coverage. The proposal from Pryo Spectaculars, Inc. is provided as Attachment 2. The cost for a five minute show ranges from $5,000 to $6,000, depending on the variety of shells used. Additional costs associated with a fireworks show could be standby fire department personnel and permits. As of this report, that information has not been confirmed, however, an estimate of $1,000 has been included in the budget to cover any unforeseen costs. The following chart provides a cost break down, of the spring event. The first table provides the budget for the entertainment portion and the second table is the budget for the fireworks portion. Entertainment Budget: Sidestreet Strutters $4,000 PPI Staff Time $2,500 Parking Service $2,000 Vehicle Rental $1,000 Advertisement $ 500 Total Entertainment $10,000 Fireworks Budget: Fireworks $ 5,000-$6,000 Fire Dept. Permits $1,000 Miscellaneous Fees $1,000 Total Fireworks $7,000-$8,000 With the prior $10,000 allocation for entertainment, an additional amount up to $8,000 is needed to offer the fireworks presentation at the spring event. Funds will need to be allocated from Account #101-251-609-536 in an amount up to $8,000 to cover the cost of the fireworks. The Display Agreement (Attachment 3) with Pryo Spectaculars, Inc. will be subject to approval by the City Manager and City Attorney. Funds in Account #101-251-609-536 (Community Special Events) were originally allocated for the Village Faire events but carried over to this fiscal year for community special events. The funds for the two Cultural Arts Commission events (Civic Center Campus Dedication and spring event) were funded from this account as well. With the addition of the fireworks presentation, the total cost of the Cultural Arts Commission's spring event is not anticipated to exceed $18,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the fireworks presentation at the Cultural Arts Commission's spring event and allocate up to $8,000 from Account 101-251-609-536 with the agreement subject to approval by the City Manager and City Attorney; or 2. Do not approve a fireworks presentation at the Cultural Arts Commission's spring event; or 3. Provide staff with alternative direction. 125 3 Respectfully submitted, {I s� t� �1WIN 9.. - Attachments: nity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Site Map of the Civic Center Campus 2. Proposal from Pryo Spectaculars, Inc. 3. Display Agreement 4v !U.. �� 4 S:\COMMUNITY SERVICES\CCREPORTS\CC.242.FIREWORKS 03-04-03..DOC ATTACHMENT 1 . . . . . . . . ........ . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . ......... . is I ........... Y. on RM z .J 'o ui U) 2d Attachment 2 Pyro Spectaculars by Souza PO Box 2329, Rialto, CA 92377 Phone: 909.874.1644 Fax: 909.355.9813 www.PyroSpectaculars.com February 18, 2003 City of La Quinta Community Services Ms. Marni Francisco P.O. Box 1504 La Quinta, CA 92253 Dear Ms. Francisco, Thank you for the opportunity to submit our pyrotechnic proposal for your April 25, 2003 fireworks display. We are honored to highlight your event with a Pyro Spectaculars by Souza fireworks extravaganza inspiring the pride and patriotism in all Americans. A very sincere effort has gone into the enclosed proposal which outlines your custom designed show in detail. We are proposing our special Programs "A" and "B" in the amounts of $6,000.00 and $5,000.00 respectively. Your display is scheduled for 8:00 p.m. and will be approximately five minutes in duration. Our plan is to use the winning combination of our products, people and production capabilities to produce the best fireworks entertainment package possible. These program prices include the services of a licensed pyrotechnic operator, an electronic firing system, insurance coverage, sales tax and delivery. We will process the necessary permit application. The City of La Quinta Community Services will be responsible for payment of the Riverside County Fire Department permit fees and/or standby firemen fees if any, and provisions for security. Enclosed you will find a Display Checklist and Display Agreements for signature and initialing. Please have one copy of the fully executed agreement for the display of your choice returned to our office by March 21, 2003. Your deposit and fees will be due March 28, 2003. Please take the time to review this proposal in detail. If you wish to make any changes in your program or need more information, please give us a call. Sincerely, PYRO SPECTACULARS, INC. 0 *Clil� Jeff Martin Regional Sales Manager JM/Irm Enclosures Page 6 1�)a AW Product Synopsis Pyrotechnic Proposal Program "A" City of La Quinta Community Services Pyrotechnic Devices Description Quantity ♦ Color Pearl Candle Multishot Device 168 Shots ♦ Blue Pearl Multishot Device 100 Shots ♦ World Circuit Candle Multishot Device 200 Shots ♦ Colorful Pearls Multishot Device 100 Shots ♦ Colorful Sky Multi Color Pearls Multishot Device 100 Shots ♦ Colors of the World Multishot Device 28 Shots ♦ Denver Multishot Device 50 Shots ♦ Golden Dragon Multishot Device 100 Shots ♦ White Pearl Multishot Device 100 Shots ♦ Hacker Attack Multishot Device 38 Shots ♦ Independence Day Multishot Device 150 Shots ♦ Magnolia Golden Star Multishot Device 100 Shots ♦ Rainbow I Color Pearls Candle Multishot Device 98 Shots ♦ Souza Finale - Deluxe Multishot Device 100 Shots ♦ Strait of Malacca Multishot Device 32 Shots ♦ Green Pearl Multishot Device 100 Shots ♦ 1.75" Green Mines 6 ♦ 1.75" Gold Glitter Mines 6 ♦ 1.75" Orange Mines 6 ♦ 1.75" Silver Mines 6 ♦ 1.75" Blue Mines 6 ♦ 1.75" Purple Mines 6 Total of Pyrotechnic Devices 1,600 Special Pyrotechnic Effects Description Quantity ♦ 1.75" Gold Glitter Comets 9 ♦ 1.75" Green Comets 9 ♦ 1.75" Blue Comets w/Tail 9 ♦ 1.75" Green Comets w/Tail 9 ♦ 1.75" Orange Comets 9 ♦ 1.75" Red Comets w/Tail 9 ♦ 1.75" Silver Lace Comets 9 ♦ 1.75" Blue Comets 9 ♦ 1.75" Purple Comets 9 129 Total of Special Pyrotechnic Effects 81 7 Grand Total 1,681 r" Product Synopsis Pyrotechnic Proposal Program "B" City of La Quinta Community Services Pyrotechnic Devices Description Quantity ♦ Denver Multishot Device 50 Shots ♦ World Circuit Candle Multishot Device 200 Shots ♦ Color Pearl Candle Multishot Device 168 Shots ♦ Colorful Pearls Multishot Device 100 Shots ♦ Colors of the World Multishot Device 28 Shots ♦ Blue Pearl Multishot Device 100 Shots ♦ Golden Dragon Multishot Device 100 Shots ♦ Hacker Attack Multishot Device 38 Shots ♦ Independence Day Multishot Device 50 Shots ♦ Magnolia Golden Star Multishot Device 100 Shots ♦ Souza Finale - Deluxe Multishot Device 100 Shots ♦ Strait of Malacca Multishot Device 32 Shots ♦ White Pearl Multishot Device 100 Shots ♦ Colorful Sky Multi Color Pearls Multishot Device 100 Shots ♦ 1.75" Orange Mines 6 ♦ 1.75" Blue Mines 6 ♦ 1.75" Gold Glitter Mines 6 ♦ 1.75" Green Mines 6 ♦ 1.75" Purple Mines 6 ♦ 1.75" Silver Mines 6 Total of Pyrotechnic Devices 1,302 Special Pyrotechnic Effects Description Quantity ♦ 1.75" Purple Comets 6 ♦ 1.75" Orange Comets 9 ♦ 1.75" Red Comets w/Tail 9 ♦ 1.75" Green Comets w/Tail 6 ♦ 1.75" Green Comets 9 ♦ 1.75" Blue Comets 6 ♦ 1.75" Gold Glitter Comets 9 ♦ 1.75" Blue Comets w/Tail 9 ♦ 1.75" Silver Lace Comets 6 Total of Special Pyrotechnic Effects 69 Grand Total 1,371 1,30 M -, �4' ) 9 -1�� Full Service "Turn Key" Package Pyro Spectaculars by Souza agrees to: • Manufacture, supply, insure, ship, instal,', fire, and break down all display materials. • Provide general liability insurance and hazardous material transportation insurance in the amounts of $ 1 million and $S million respectively, as well as workers compensation coverage. • Apply for all necessary federal, state, and local fireworks display permits and licenses. • Provide a trained and licensed pyrotechnic operator and crew. • Provide all necessary pyrotechnic equipment, including a complete electronic firing system. • Provide a firing site inspection, meetings with local authorities, and full media support. l?1 Page 9 Display Checklist City of La Quinta Community Services Agrees to: ❑ Return contract by March 21, 2003. ❑ Send 501/o deposit and applicable fire department fees by March 28, 2003. ❑ Send balance of payment to arrive by April 28, 2003. ❑ Provide suitable firing site, pay necessary deposits and fees in accordance with all applicable laws. ❑ Provide adequate security as required by local fire authority. ❑ Provide two-way communication to the pyrotechnician from command center to firing site(s). ❑ Provide sound and playback system. Pyro Spectaculars Agrees to: Q Manufacture, supply, insure, ship, install, fire, and remove all display materials. Q Provide fireworks general liability insurance and hazardous material transportation insurance in the amounts of $1 million and $5 million respectively, as well as workers compensation coverage for pyrotechnicians. Q Apply for all necessary federal, state, and local fireworks display permits and licenses. 13 2 Q Provide a licensed pyrotechnic operator and crew. Q Provide all necessary pyrotechnic equipment. page 10 Display Agreement Highlights Fireworks Display for April 25, 2003 Program "A" $6/000-00 Program 'B" $5,000.00 • Price Firm Through March 21, 2003 • 50% Deposit Due March 28, 2003 Program "A" $ 3, 000.00 Program "B" $2,500.00 • Balance Due April 28, 2003 Program "A" $ 3, 000.00 Program "B" $2,500.00 • Customer to Provide: Fire Department Fees Sand (if needed) Security Location (Safe zone TBD per site) All non-pyro related costs of display Communication System 133 ATTACHMENT 3 PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT, entered into this day of 2003by and between PYRO SPECTACULARS, INC., a California corporation hereinafter referred to as "PYRO" and City of La Quints Community Services hereinafter referred to as "PURCHASER. 2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, 1 fireworks display as per Program A , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and, along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on April 25, 2003 at La Quinta City Hall Park, La Quinta 3) PURCHASER, at its own expense, agrees to provide to PYRO: A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE: to set LIP the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display (-Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use by spectators;, G) have sole responsibility for ensuring that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J) :after completion of the Display, that the Display Area is cleared of any live firework debris originating from the program. 4) PURCHASER shall pay to PYRO the sum of SIX THOUSAND --------------------- Dollars ( 6.000.00 ). A deposit of $ 3.000.00 and fire department fees approximated at S 0.00 must be paid by tilarch 28, 2003. Full final payment is due the first regular business day after the date set for the display. A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO to receive and verify financial information concerning PURCHASER from any person or entity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within PYRO's sole discretioti to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display, as provided in the following paragraph. 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option, PURCHASER agrees to a to PYRO as liquidated damages, the following of the a Treed contract rice. I ) p g pay � q g gpercentages g p 25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 5W,'O if cancellation occurs within two (2) days of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its IN including but not limited to music/narration tape production and/or sponsors logos. (continued on reverse) 12 PYRO SPECTACULARS, INC. Display Agreement 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display, 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION DOLLARS. ($1,000,000) combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement, including, without limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein, PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded to Paragraph 9 above. 12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. 13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. 0. Box 2329, Rialto, California 92377. PURCHASER- City of La Quinta Community Services; P.O. Box 1504, La Quinta, California 92253 -April 25, 2003 -Program "A" 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witne-,S Whereof the narties hereto, by and through their duly authorized agents, have set their hands and seals this day of ►11 I a- 4r Title I JAMS SOUZA PYRO SPECTACULARS, INC. , Title PURCHASER PRESIDENT X Initial Here • Purchaser is responsible for payment of fire department permit and standby fees, if applicable. • Purchaser to provide firing site, communication, and security. 135 • Price firm through March 21, 2003. • Price includes full electronic firing Show Producer: Jeff Martin OF T COUNCIL/RDA MEETING DATE: March 4, 2003 AGENDA CATEGORY: ITEM TITLE: Discussion of City Council .Goals BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Discuss City Council Goals for Fiscal Year 2003-04. FISCAL IMPLICATIONS: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the economic development program, capital improvement program, and budget process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the past, the City Council has held Study Sessions regarding Council Goals each Fiscal Year. As the Council may recall, the table provided last year included four categories for each City Council goal. The categories were as follows: • Economic Development Plan; • Capital Improvement Plan; Budget; and • Other/Comments 136 The goals that could be attributed to one of the components of the Strategic Planning Process (i.e. Economic Development Plan, Capital Improvement Plan, Annual Budget) were incorporated into those documents for Fiscal Year 2002-03. A copy of the 2002-03 City Council Goals is included as Attachment 1 for reference and discussion purposes. The chart has been updated to include the current status of each goal. Staff has placed this matter on today's agenda to give the City Council an opportunity to identify priority goals for fiscal year 2003-04 as a precursor to this year's budget process. Identified goals will be integrated into this year's Economic Development Plan, Capital Improvement Plan, and the City Budget. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. 2002-2003 City Council Goals 2 137 ATTACHMENT 1 m O O N N O O N LL N O U U -- +- i-- Q) +�- C '-- N O cn O N Q= NCD 'U 0-0 W.-0-0 O 0:3 co (D c C Q a U N � c o m `- a� 0 ` U 4--o V C -C C�C C N N c��0)�� :3 C c -,- � Q Q � N Q U Q _� -� O c(n) N N U U p� c� Q cY) �O O a O S OE U a O QN O� z°Q CN OOw� N N N N _ � �_ C � •L '� L = -= m c: C Q� p UQ O U� O U-0 o� o� c c c N. Q O cU cU cU �j cU O o C) p p V Q c c c c U U U U N 'E E C 0 coa0. U > W Q O 0 C Q O _ O U O O cn Q _� cn O � t ii Q C _ O � U- Q 0 c O U cUL LL � _ Q Q O U N N N O _O cn cn C) cn 0 _U O N U O �> � � -mac t o� -� Q N Q Q. 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(� C p Uj O N�� O N U O 5 0 +- U p� t a��O�3mQ�UUOO o C C c N a) N co C:-0 U:3 .Q C o aCOL C)C) a U � CL c � U E o Q. C C O U a > W U p 4- 0 o a o - CD 0 Ln o N C) O ) cn - 5 E U O w ,0 N N co N 0 141 06 Memo To: COUNCIL & STAFF From: MAYOR PRO TEM SNIFF Subject: SUGGESTED GOALS FOR CITY OF LA QUINTA 2003-2004 Date: March 4, 2003 1. Proceed with Historical Museum as appropriate. 2. Proceed with Library with grants and other appropriate funding. 3. Financial support of La Quinta Arts Foundation, La Quinta Chamber of Commerce and the La Quinta Historical Society as deemed appropriate. 4. Complete street scape for La Fonda. 5. Asphalt the Village parking lot at Bermudas and Montezuma. 6. Add to park and recreation facilities. 7. Continue to promote La Quinta with aggressive programs - Visit La Quinta, Shop La Quinta, Enjoy La Quinta, Invest in La Quinta. 8. Push creatively for more commercial development - hotels, motels, diverse retail - "Big Box" - "Small Box." 9. A directional (and enhanced) Sign Program that is clear in the daylight and illuminated at night - consistent throughout the City. 10. Selective annexations and "spheres of influence" must be pursued promptly and aggressively in response to requests. i ? -3 COUNCIL & STAFF Page 2 March 4, 2003 1 1 . Continue to build General Fund reserves. 12. Periodically re-evaluate City Commissions - directions and rules. 13. Develop plans for expansion of Civic Center (City Hall), E.O.C., storage, office and conference space. 14. Develop a 3 to 5 year program to add, incrementally, a paramedic program. 15. Consideration of a "public safety" assessment tax with a 5-year sunset clause. 16. Develop funding options for lighting and landscape funding shortfalls. 17. Develop a competitive, functional and unique conceptival design for the "Las Vistas of La Quinta" Public Golf/Hotel project, then move forward in phases. 18. We need to complete the landscaping on Civic Center Campus making proper and suitable replacements. r 3" J F I. CALL TO ORDER REPORT/INFORMATIONAL ITEM: %% CV 4 414P QuAra COMMUNITY SERVICES COMMISSION MINUTES December 9, 2002 A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Council Chambers of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Davis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Deborah Bechard Commissioner Michele Boudreau Commissioner Gary Calhoun Commissioner Mike Davis STAFF PRESENT: Dodie Horvitz, Community Services Director Marni Francisco, Recreation Supervisor Leonard St. Sauver, Assistant Engineer Andy Gerrard, La Quinta Police Department Pete Selak, Dave Bang Associates PUBLIC PRESENT: Rob Manly Trevor Sontz Jared Powell The Nords (3) Eric Wolfe Thomas Oleson Matthew Genovese II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA - Confirmed IV. CONSENT CALENDAR A. Approval of the November 18, 2002 minutes. B. Monthly Department Report for October 2002. It was moved by Commissioners Calhoun/Davis to approve the Consent Calendar. Unanimous. 14^ Community Services Commission Minutes December 9, 2002 Page 2. V. PUBLIC HEARING — None. VI. BUSINESS ITEMS A. Skate Park Components and Operations Staff gave an overview of the skate park history, including the dates that the Commission and City Council approved the project. Pete Selak gave an overview of the Huna product, which is one of the types of modular products available. Two topics included the low maintenance of the material and the ability to change the lay out of the skate park when new components are available. Mr. Selak provided a review of the proposed layout for the skate park and stated that the layout is engineered by individuals that understand the sport. Mr. Rob Manly stated that he would like to see a skate park in La Quinta that would cater to the advanced skater, one that would entice other skaters to the area, much like the Fontana skate park. After some discussion the public offered the following suggestions regarding components: Add: grind box, angled ledge, a curved rail and remove one eight foot rail. The public also suggested a soda and candy machine along with benches, trash receptacles and shade structures. There was a request to have live music in the park for special events. Staff stated that this can be accomplished. Commissioner Davis stated to the public that this is the skater's park, and they need to patrol it. Staff handed out the rules that are endorsed by the California Joint Powers Authority for skate parks. After review by the Commission and the public, the following rules were added to the list: Add the dollar amount of the minimum and maximum fine for not wearing safety equipment, identify location of the public phone and provide municipal code section regarding loud music. After more input from the public, staff responded that the new skate park layout and rules can be posted on the City's website. It was moved by Boudreau/Davis to modify the components of the skate park to include the grind rail, angled ledge and curved rail as well as add the following information to the rules: minimum and maximum fines for not wearing safety equipment, map with location of public phone and the municipal code section regarding loud music. Unanimous. SACOMMUNITY SERVICES\COMMUNITY SERVICES COMMISSION\MINUTESCSC\2002\CSCMIN.12.09.02.DOC Community Services Commission Minutes December 9, 2002 Page 3. VII. CORRESPONDENCE AND WRITTEN MATERIALS Vill. COMMISSIONER ITEMS Commissioner Calhoun stated that the Civic Center Campus Dedication and Tree Lighting Ceremony went very well. IX. ADJOURNMENT It was moved by Commissioners Calhoun/Davis to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 8:00 p.m. NEXT MEETING INFORMATION Monday, January 13, 2003 @7:00 PM La Quinta Civic Center Study Session Room Submitted by: Dodie Horvitz, Con3inunity Services Director 144 SACOMMUNITY SERVICES\COMMUNITY SERVICES COMMISSION\MINUTESCSC\2002\CSCMIN.12.09.02.DOC COMMUNITY SERVICES COMMISSION MINUTES January 13, 2003 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:01 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Calhoun led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Michele Boudreau Commissioner Gary Calhoun Commissioner Mike Davis COMMISSIONERS ABSENT: Commissioner Deborah Bechard STAFF PRESENT: Dodie Horvitz, Community Services Director Marni Francisco, Recreation Supervisor Andy Gerrard, -La Quinta Police Department PUBLIC PRESENT: Stacie Hewitson Steve Ochoa Ryan Reid Keith Blomgren Jay Swain II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA - Confirmed IV. CONSENT CALENDAR A. Approval of the December 9, 2002 minutes. B. Monthly Department Report for November 2002. It was moved by Commissioners Calhoun/Davis to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING — None. 146 n VI. BUSINESS ITEMS A. Skate Park Rules and Ordinance Staff gave an overview of the City Council's approval of the skate park rules and adopted the ordinance to have the rules included in the La Quinta Municipal Code. The Commission inquired as to rental safety equipment for those may not be able to afford the equipment. Staff reported that they have discussed this issue with the owner of Revolution skate shop in La Quinta and they are researching this issue. It was mentioned that perhaps a concession could be established at the park for those that could not afford or wish to purchase safety equipment. Commissioner Davis stated to the public that this is the skater's park, and they need to patrol it. Staff suggested that the Commission may wish to meet at the skate park location for the next meeting to discuss the grand opening of the skate park. It was suggested that local bands be present at the grand opening. Staff is working on having these events at the grand opening. Staff is hoping to have the skate park open before Spring break. It was discussed that the "no fighting" rule be placed on the sign. It was moved by Boudreau/Davis to host the next Community Services Commission meeting at the skate park location with refreshments being served. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Dog Park Location Staff gave an update on the dog park location selected by the City Council. The site selected is the southern part of Fritz Burns Park, between the parking lot and the proposed skate park. Staff also stated that there is a location at the southeast corner of Washington Street and Miles Avenue that could possibly be used as a dog park. VIII. COMMISSIONER ITEMS Commissioner Calhoun reported that he is working with the ASB at La Quinta High School to rename the portion of Westward Ho to Blackhawk Lane. Commissioner Calhoun stated that the ASB has not received the check to complete the application submission process. There are freshman, sophomores, junior and senior students on the committee to work on this project. Commissioner Calhoun stated that the ASB is aware of the City's pT4-7- cto rename the street. 5 Community Services Commission Minutes January 13, 2003 Page 3. Commissioner Davis asked about the tennis court lights. Staff reported that there is a timer problem and that is being worked on. Commissioner Calhoun stated that due to the Indian Wells Tennis event, he will not be able to attend the CPRS Conference in March in San Jose. Commissioner Davis stated that his schedule will allow him to attend. The Commission concurred that Commissioner Davis will attend the CPRS conference in place of Commissioner Calhoun. Staff gave an overview of the Community Park construction, the project is moving very quickly. Staff gave an overview of the Proposition 12 funds, and that the skate park could be funded by Prop. 12. Staff is working on this project. The interactive water feature will be taken to the Cultural Arts Commission meeting on February 13. IX. ADJOURNMENT It was moved by Commissioners Calhoun/Davis to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 7:50 p.m. NEXT MEETING INFORMATION Monday, February 10, 2003 @7:00 PM Fritz Burns Park Skate Park Submitted by: V Dodie Horvitz, Co munity Services Director 118 SACOMMUNITY SERVICES\COMMUNITY SERVICES COMMISSION\MINUTESCSC\2002\CSCMIN 2003\CSCMIN.01.13.03.DOC REPORT/INFORMATIONAL ITEM: CULTURAL ARTS COMMISSION MINUTES January 9, 2003 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Sheldon Brodsky Commissioner Else Loudon Commissioner Tom McGraw Commissioner Elaine Reynolds STAFF PRESENT: Dodie Horvitz, Community Services Director PUBLIC PRESENT: Clair J. Leahr Carol Brown Richard Villagas Marshall Marmolejo Terry Bennett Mike Murdock II. PUBLIC COMMENT - None. III. CONFIRMATION OF AGENDA - Confirmed. IV. CONSENT CALENDAR A. Financial Report for December 2002 B. Approval of Minutes of December 12, 2002 C. Monthly Department Report for November 2002 It was moved by Commissioners Reynolds/McGraw to approve the Consent Calendar with minor changes in the minutes. Unanimous. Commissioner McGraw asked that the information regarding the art piece purchases be standardized on the Financial Report. Staff will work on this. 14 Cultural Arts Commission Meeting January 9, 2003 Minutes Page 2. V. BUSINESS ITEMS A. Plein Air Event Commissioner Brodsky volunteered to serve on this committee. Commissioner Reynolds suggested that Commissioner Loudon should serve on this commission. Commissioner Loudon recommended that Commissioner McGraw should attend. It was motioned by Reynolds/McGraw to have Commissioners Brodsky and McGraw participate in the Plein Air event on January 25, 2003. Unanimous. B. Spring Performing Arts Event Staff reported that the City Council has not considered this event yet, as the pyrotechnic company has not reviewed the site. Commissioner Loudon directed staff to take this event to the City Council at the next meeting. C. Cove Oasis Trailhead Benches The Commission reviewed the stone benches provided by Roger Hopkins. Commissioner McGraw would like to hear from the artist regarding other options. This item was tabled until the next meeting when Mr. Hopkins can provide more detail. Commissioner Loudon will contact Mr. Hopkins regarding his attendance at the next meeting. D. Possible Art Site Locations Commissioner Reynolds stated that she was on the Commission when the list was originally developed. She feels that the sites need to be re-evaluated for priority. Commissioner Reynolds recommended that the La Quinta Museum be given priority for artwork. Staff stated that the La Quinta Museum courtyard would contain an element of artwork, in some form. This item was tabled for future discussion. E. Historical Plaque Locations Commissioner McGraw gave a report regarding this issue: The Historical Preservation Commission has not identified the plaques or funding for this project. 150 SACommunity Services\CAC\CACMIN.01.09.03.doc Cultural Arts Commission Meeting January 9, 2003 Minutes Page 3. F. Public Restroom Tile Program Commissioner McGraw stated that the coordinator of this program, Rita Bishop is no longer in this position at the Foundation of the Retarded; therefore working on this project will require locating her and establishing a program. This item was tabled until the individual is located and details are arranged. G. Bear Creek Trail Mileage Marker Program Commissioner McGraw stated that he had planned to design and install the tiles but due to his involvement with the Commission. Commissioner Reynolds supports this project. Staff will provide a draft Call for Artists for the Bear Creek Trail Mileage Markers program at the next meeting. VI. CORRESPONDENCE AND WRITTEN MATERIALS A. MTA Metro Art Artist Workshop offered by the Transit Authority. Commissioner McGraw will provide information when he receives it. VIII. COMMISSIONER ITEMS Commissioner Reynolds asked about the vacancy on the Commission. The City Council will appoint a new Commissioner at the February 4, 2003 Commission meeting. Commissioner McGraw gave an update on the Certificate of Authenticity for the artwork. Staff has completed the draft of the Certificate and when it is finalized, it will be sent to the artists that have provided public artwork for the City. Commissioner McGraw stated that he wants the "Meet the La Quinta Artist" program to have a photograph of the artist's work in the Chamber Newsletter. Commissioner McGraw feels that it is hard to promote artists without a picture of their work. Commissioner McGraw shared that the artist Kamil Zelieik will display his work in Riverside later this month. Commissioner McGraw introduced Marshall Marmolejo who, according the Commissioner McGraw, will repair "Air Motion" when the time comes. Mike Murdock provided his concept for Shakespeare in the Park. Staff stated that once Mr. Murdock's proposal has been reviewed, Mr. Murdock will be notified of the options available to him. Commissioner McGraw asked that the Commission consider limiting an artist to three pieces of APP funded artwork in the City. This will be placed on the next agenda. 151 SACommunity Services\CAC\CACMIN.01.09.03.doc Cultural Arts Commission Meeting Minutes January 9, 2003 Page 4. Commissioner McGraw suggested the Commission consider offering "Sunday in the Park" at the Civic Center Campus. There could be bands, strolling performing artists, and areas for artists to display their artwork. Commissioner McGraw asked that this be placed on the next agenda for consideration. IX. ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:10 PM. NEXT MEETING INFORMATION _ February 13, 2003 7:00 PM La Quinta Civic Center Study Session Room Agenda items for next meeting: • Spring Event • Public Restroom Tile Program • Bear Creek Trail Mileage Marker Program • Cove Oasis Trailhead Benches • Limiting Art Work by One Artist • "Sunday in the Park" program g itted b Horvitz Community Services Director 152 SACommunity Services\CAC\CACMIN.01.09.03.doc /� Ae.f_r4 3/+/3 8 ��Qw MEMORANDUM 4', J70F,M, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE, CITY MANAGER/' DATE: MARCH 4, 2003 RE: ANIMAL SHELTER MEETING On February 28, 2003, the Mayors, City Managers and various city staff met with Supervisor Wilson and County staff to discuss the continued operation of the Indio animal shelter once the Valley -wide animal campus is constructed. Operations Supervisor Wilson presented two possible options. The first would be to have the County continue to run the facility on a contract basis for the cities of Indio, Coachella and La Quinta. It was noted that currently the County actually subsidizes the cities because the cost to house an animal is approximately $14 a day and the County only charges $7 for the service. The contract price would have to be based on actual costs associated with the service. A second option was proposed in which the County would sell or give the facility to the cities and they would operate it through a Joint Powers Authority (JPA). A third option was presented by Indio whereby they would run the shelter and the cities of Coachella and La Quinta would contract with Indio for shelter service. It is important to note that the Supervisor Wilson stated that once the new animal shelter is constructed, the County will not use the Indio shelter even for animals picked up in Thermal or Mecca. 153 Capital Improvements The County presented estimates that the existing shelter would require approximately $750,000 in renovations to meet an acceptable standard. The County would not be willing to fund the capital improvements. La Quinta pointed out the discrepancy in this position because the County is proposing to fund the entire cost of the new facility with tax increment (this has not been approved by the Supervisors at this time). None of the construction costs would be passed on to the participating cities either directly or through operational charges. In other words, the County will build a state of the art shelter for the middle Valley, but not for the eastern Valley cities. Based on previous direction from City Council, La Quinta staff expressed an interest in having the County continue to run the existing shelter on a contract basis (first option above), due to the economy of scale and the County's expertise in running shelters. We acknowledged that we are willing to pay our fair share of operational costs. We also expressed concern regarding the apparent inequity regarding the County's position to provide capital improvements for one portion of the Valley and not the other. Further meetings will be held at the staff level between the three cities to discuss our options once the County has provided additional costs estimates requested at the meeting. 154 REPORT/INFORMATIONAL ITEM: %g INVESTMENT ADVISORY BOARD Meeting January 8, 2003 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Mahfoud, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, Felice, Mortenson, Lewis and Chairman Mahfoud ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONSENT CALENDAR Approval of Minutes of Meeting on December 22, 2002 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Lewis to approve the Minutes of December 11, 2002. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for November 2002 Mr. Falconer informed the Board that the only activity in the month of November was the roll over of a Treasury Note, which lost a small amount of yield. In response to Board Member Lewis, Mr. Falconer informed the Board that the out flows indicated on the Treasury Report were the normal 155 Investment Advisory Board Minutes January 8, 2003 cash expenditures, such as Capital Improvement Payments, police payments etc... In response to Board Member Moulin, Mr. Falconer advised the Board that the maturity for $5 million Treasury Bill on December 26th was rolled over for six months, until the month of June. The City received a 1.22% yield. This T-Bill yield was 5 -6 basis points lower then agency paper. In response to Board Member Moulin, Mr. Falconer advised the Board that the City is no longer using the Dreyfus Account, and that the City is being credited towards the services. Mr. Falconer will check on this to see if this rate should be reduced to zero. (Staff did check on the interest rate and it was reduced to zero on the Treasury Report submitted to the City Council.) MOTION — It was moved by Board Members Lewis/Osborne to review, receive and file the Treasurer's Report November 2002. Motion carried unanimously. VI CORRESONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - December 2002 Chairman Mahfoud advised the Board that he felt that it was unlikely interest rates would go up this year and suggested that the Treasurer consider extending the maturities from six months to nine months or one year. Mr. Falconer advised to the Board that he is currently rolling over investments to like maturities. Board Member Olander stated to the Board that the Chinese are floating their currency. Board Member Mortenson asked who the City consults with in reference to interest rates? Mr. Falconer replied that the City usually relies on their Broker/Dealers and that he believed that rates would be fairly flat for the rest of the year. Noted and Filed B. Pooled Money Investment Board Report — October 2002 Board Member Moulin commented to the Board on the comparison of funds from 2001 to 2002. Board Member Moulin also suggested that people might be placing their funds elsewhere. Mr. Falconer replied to the Board that this reflects the entire PMIA and that the state might not have the money and there has been a decline. 0) IDO- 6 Investment Advisory Board Minutes January 8, 2003 Board Member Moulin commented to the Board the amount of commercial paper invested was approximately 24%. Board Member Lewis advised the Board that there were not too many liquid investments paying 2 % %. Board Member Lewis also stated to the Board that on page 9, the life of LAIF has gone up 202 days as of the end of the December, back in October it was 186, an increase of 15 days in just two months. Board Member Olander advised the Board that LAIF continues to benefit from the pooled money account, with the rates going down, that LAW gets the advantage of longer term investments from the State General Fund. Noted and Filed VII BOARD MEMBER ITEMS Chairman Mahfoud announced to the Board the resignation of Board Member Osborne. In response to Chairman Mahfoud, Mr. Falconer advised the Board that the City Clerk will place an item on the City Council agenda requesting direction as how to fill the term. Mr. Falconer also advised the Board that Staff will report back at the next scheduled meeting. Chairman Mahfoud asked Staff if a . recommendation could be made to the City Council regarding the background of the potential candidate. Mr. Falconer advised the Board that the City Council does take this in to consideration. Board Member Moulin advised the Board that the City Council voted for an approval of a loan for the Embassy Suites and that the Finance Director was not involved in any of the process. Board Member Moulin stated to the Board that he felt the Finance Director should be involved. Board Member Moulin advised the Board that this should be a red flag to the City. Board Member Olander also commented on his concerns. Board Member Lewis advised the Board that he hoped that the City did not look at this as an investment, if that is how it is viewed, than there is a violation of the City's Investment Policy. Mr. Falconer wanted to bring to the Boards attention that the Prime Plus Two that the City is charging on the note was done to avoid triggering the payment of prevailing wages. Mr. Falconer also clarified that by charging the Prime Plus Two the City would be doing a market rate loan, not triggering prevailing wages, which might be placed upon the developer and result in a 25 % 3 157 Investment Advisory Board Minutes January 8, 2003 increase to the construction costs of a $30 million note. Mr. Falconer advised the Board that he did not look upon this as an investment; it looked like "loans receivable or notes receivable," which is an asset on the books. Board Member Olander advised the Board that he feels the City is getting into a "risky business," if the developer cannot finish the hotel the City will have to complete the project. Mr. Falconer advised the Board that the City does not have the resources to finish the project; and as outlined at the City Council meeting, the City would get the plans and the franchise rights to the hotel. Board Member Lewis stated to the Board that the City looks upon this as a redevelopment issue and does not view this project as investment. Mr. Falconer advised the Board that Councilman Osborne did mention in the public hearing that the City does not view this project as an investment. Chairman Mahfoud asked Mr. Falconer if the auditing firm was consulted. Mr. Falconer stated that they were not. V111 ADJOURNMENT MOTION - It was moved by Board Members Lewis/Olander to adjourn the meeting at 5:58 p.m. Motion carried unanimously. Sub by, Vianka Orrantia Secretary 4158 DEPARTMENT REPORT: MARCH 4 MARCH 18 APRIL 1 APRIL 15 APRIL 25 APRIL 26 MAY 6 MAY 20 JUNE 3 JUNE 17 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CULTURAL ARTS SPRING EVENT LA QUINTA CITY PICNIC CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 159 March 2003 La Quinta City Council Monthly Planner ` 1 231 , 9:00 AM 4:00 PM SJSR Ntl. Monument- r Henderson 234 5 67:8 2:00 PM City Council 10:00 AM ALRC 3:30 PM Historic 12:00 PM Meeting Preservation Mayor's Lunch Commission 5:00 PM League Tri- Division Dinner - Ontario 9 10 11 12 13 14 15 10:00 AM Pub. Sfty- 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Perkins Abate. -Perkins Henderson Sniff 12:00 PM Transp.- 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Perkins Commission Advisory Board Commission 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 16 17 18 19 20 21 22 St. Patrick's 9:00 AM CVA-Henderson Day 2:00 PM City Council Meeting 1st Day of Spring 23 24 25 26 27 28 29 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 30 31 x. ,4 r 6:00 PM CVAG Exec T bW T F S April Com Adolph S M S M T W T F S 1 1 2 3 4 5A�N,, 2 3 4 5 6 7 8 6 7 8 9 10 11 12; 9 10 11 12 13 14 15 13 14 15 16 17 18 19 ka�u 16 17 18 19 20 21 22 :! 20 21 22 23 24 25 26t , 23 24 25 26 27 28 27 28 29 30 '� 10, y �3p Printed by Calendar Creator Plus on 2/26/2003 r O April 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2:00 PM City Council 10:00 AM ALRC F 7 " s March Meeting S M T W T F S a . 4t 9 10 14 12 13 14 15 16 17 18 19 20 21 22 x, 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Abate. -Perkins Henderson Sniff 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Daylight Saving Time Commission Advisory Board Commission Begins 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp.- Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 20 21 22 23 24 25 26 Easter 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- 4:00 PM - City Picnic Commission Comm -Osborne Henderson 7:00 PM 12:00 PM Sunline-Adolph DRRA Open House 4:DRRA Airp Os Osboror ne Cultural Arts Spring Event 27 28 29 304 6:00 PM CVAG-Exec Com-Adolph F May S M T W T F S ,t: a 4 5 6 7 8 9 10 11 12 13 14 15 16 17��,,, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 „ j�*a�t��til , Ai tF ire � Printed by Calendar Creator Plus on 2/26/2003 161 May 2003 La Quints City Council Monthly Planner Sunday Monday— Tuesday Wednesday Thursday Friday Saturday �I 12:00 PM Mayors 9:00 AM 4:00 PM a,y4k April June S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 Lunch SJSR Ntl. Monument Henderson 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 je 20 21 22 23 24 25 26 22 23 24 25 26 27 28 Happy 21st Birthday La 27 28 29 30 29 30 Quints ia3�ii"M,'y 1t 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energy/Envi- Meeting Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 Mother's Day 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- Perkins 7:00 PM Mosquito Abate. -Perkins 7:00 PM Planning 9:00 AM RCTC- Henderson 5:30 PM Investment 3:00 PM Historic Preser- vation Commission IL 12:00 PM Transp.- Commission Advisory Board Armed Forces Day Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 25 26 27 28 29 30 31 IL 7:00 PM Planning Commission 12:00 PM CVAG Human/ Comm -Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Memorial Day (CITY Osborne HALL CLOSED) Printed by Calendar Creator Plus on 2/26/2003 161 / T DEPARTMENT REPORT: 6'A La-14 40" cti ,�o INCO MMtQJ G �f' OF T9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR r DATE: MARCH 4, 2003 SUBJECT: REPORT ON LANDSCAPING AT THE SOUTHEAST CORNER OF HIGHWAY 1 1 1 AND WASHINGTON STREET - LA QUINTA COURT This issue was on the City Council Agenda of January 21, 2003 as a Department Report to provide information regarding how the corner with the fountain was designed. This report is attached for your information (Attachment 1). As requested by Council at that meeting, the following information is provided. The landscaping plans were modified (as previously noted in the Department Report of January 21, 2003), to accommodate the fountain improvements that were approved by the Council on June 5, 2001. The plants that currently exist along the large concrete area are one gallon lantana. These plants will grow to a spread of 18 in. - 3 ft. with a height of two feet, which will provide more visual relief than exists today. The rest of the ground cover is decomposed granite. The landscaping required for the traffic island and Washington Street median are under review by the Public Works Department. This landscaping has been bonded for and is the responsibility of the La Quinta Court developer. One possible enhancement to the La Quinta Court large concrete area would be to use Art in Public Places funds to purchase large boulders, which could serve as benches. This would provide a more vertical relief and seating areas. Should Council want to add these elements or others, a future appropriation would have to be authorized. Attached are photos of the site as it currently exists. 163 G:\WPDOCS\CC Stf Rpts\DR-LQCourtlandscaping.wpd DEP ATTACHMENT #1 T 0 . ev 41tt 4 4wfA Q*rlk TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTO DATE: JANUARY 21, 2003 SUBJECT: REVIEW OF THE LANDSCAPING ENHANCEMENTS AT LA QUINTA COURT, THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET At the December 17, 2002 meeting the City Council directed staff to review the outdoor seating at LG's Restaurant and the landscaping at La Quinta Court (Attachment 1) and report back to Council. On August 15, 2000 the City Council reviewed and approved (with conditions) the construction of La Quinta Court, a commercial development of approximately 54,000 square feet. The approval included the construction of four buildings, parking lot, street improvements, and on- and off -site landscaping improvements. The restaurant space (now LG's Restaurant), located at the southeast corner of Washington Street and Highway 1 1 1, was approved and constructed with outdoor seating that is located between LG's Restaurant's front door and Jensen's Market. The original landscaping proposed at this corner of Washington Street and Highway 111 included a walkway, earth mounds covered in turf, large boulders, desert planting (mostly Lantana), and a monument sign surrounded by palms. Through negotiations with the Cultural Arts Commission, the landscaping was changed to reflect the new art features (Attachment 2), which included a large waterfall feature with benches and planters for palm trees. Also approved was a large concrete pedestrian area. On June 5, 2001 the City Council approved the La Quinta Court Art Feature (Attachment 3) . P:\Oscar\StiRpt\LaQuintaCourt.wpd The Public Works Department is currently reviewing the street improvement plans (Attachment 4), which consists of decomposed granite, boulders, Bougainvillea, Lantana, and other accent planting. The Public Works Department is expected to issue a permit for the plans in approximately two weeks with work completed in three to four months. Attachments: 1. City Council minutes for December 17, 2002 (excerpts) 2. La Quinta Court approved art feature 3. City Council minutes for June 5, 2001 (excerpts) 4. Washington Street improvement plans (excerpts) P:\Oscar\StfRpt\LaQuintaCourt.wpd 16� City Council Minutes All other reports were noted and filed. DEPARTMENT REPORTS 2. CITY ATTORNEY. 0 City Attorney Jenson reported 48 c prevailing wage case. 3-A. REPORT ON UPCOMING EVEPITS. ATTACHMENT#1 December 17, 2002 s have joined the amicus brief on the Mayor Adolph noted YFERSON amber of Commerce has rescheduled the Mayor's Luncheon to January8-A. STATUS UPDATE O STREET -PHASE {I. Public Works DirgEtor Jonasson gave a brief update on the project. In response t Council Member Henderson, City Manager Genovese stated CVAG's Exe tive Committee is aware that Jefferson Street is a "must build" Measure A and project and that the funds they gave to other projects in front of this on will have to be taken back to complete Jefferson Street. Consult nt Nickerson confirmed the City has a Reimbursement Agreement with CVAG herein they have committed to build Jefferson Street. MAYOR AND COUNCIL MEMBERS' ITEMS .:�. DISCUSSION OF THE LANDSCAPING AT HIGHWAY 111 AND WASHINGTON STREET IN FRONT OF LG's STEAK HOUSE. Mayor Adolph asked Council Members to review the landscaping at the southeast corner of Washington Street and Highway 111 and make recommendations to staff on ways to enhance it. J 64 City Council Minutes 10 December 17, 2002 Council Member Henderson stated she understood the restaurant had planned to have outside dining in that area, and she thought the utility boxes were supposed to be moved. Council recessed to and until 7:00 p.m. rl - None - None 1. PUBLIC HEARING ON: 1) CERTIFICATION OF AN ADDENDUM TO A MITIGAT D NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRON ENTAL ASSESSMENT 99-389, AND 2) TENTATIVE TRACT MAP 29323, A NDMENT NO. 2, FORA 381-LOT SUBDIVISION ON 127 ± ACRES LOCATED A THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON TREET. APPLICANT.: CORNERSTONE DEVELOPERS. The Mayor declked the PUBLIC HEARING OPEN at 7:02 p.m. Community Develdpment Director Herman presented the staff report. In response to Coun 'I Member Henderson, Public Works Director Jonasson advised the developer ill be responsible for 50% of -the design costs for a traffic signal, once warra ted, at Jefferson Street and Esplanade Del Oro/Dunbar Drive. He stated the Indi Public Works Director has indicated that Indio will fund the other half in conn tion with the Jefferson Street Phase 11 Project. Council Member Henderson sta d she understood the developer was willing to accept a right -in, right -out interse ion in lieu of providing 100% of the funding costs. She asked about the access ur on the west boundary, and questioned Condition No. 37 of the tentative tra map. Mr. Herman stated the spur on the west baundary is for a gated emergency access. 167 N H Z • W U Q H o W 1 vo tir�ino v l r dd I • 4k ATTACHMENT #3 City Council Minutes a Council Member Adolph agreed. June 5, 2001 �ouncil Member Henderson suggested the Cove Oasis site be included in the fee s hedule and treated as a stand-alone category. She asked if BBQs can be br ught into parks if not provided as a park amenity. Ms.\ste d BBQs are prohibited in City parks without a permit. Maystioned how that might affect City -sponsored events and suggponsored events be exempt. Coun. CounAdolph stated he felt the policy should address the disposal of hot c City Manager Geno ese suggested a continuance to address the language on "bounce -houses" so ny type of play equipment has to be approved by the Community Services ' ector. Council concurred. Council Member Henderson\Iatseshed felt the fee schedule should be for all City parks with specific usespecific parks listed within the fee schedule. Mr. Genovese stated that issue i!I be addressed when the policy is brought back for Council approval. Council Member Sniff commented on he need to keep the policy simple and uniform as possible. MOTION - It was moved by Council Me ers Henderson/Sniff to continue consideration of Facilities Use Policies to my 5, 2001. Motion carried unanimously with Council Member Perkins A tNT. MINUTE ORDER NO. 2001-72. 6. CONSIDERATION OF.. THE LA QUINTA COURT ART FEATURE AND ART PURCHASE AGREEMENT. Community Services Director Horvitz presented the staff report and advised the developer proposes changing the square towers to a circular pattern with no change in cost. 169 0 Ll City Council Minutes 9 June 5, 2001 In response to Council Member Sniff, Ms. Horvitz confirmed the art feature will be illuminated. In response to Council Member Adolph, Ms. Horvitz stated she understood the rippling water will be visible from inside the restaurant as well as from the street. The towers will be four to seven feet high with natural boulders inside and outside of the water feature. Council Member Adolph commented on the need for landscaping around the water feature and Ms. Horvitz stated the developer is working with staff on the landscape plan. Council Member Sniff supported moving forward with the proposed design. Council concurred. MOTION - It was moved by Council Members Sniff/Adolph to approve the La Quinta Court Art Feature as submitted and recommended by the developer (circular -shaped water feature), authorize an additional $22,525 from the Art in Public Places Fund, and authorize the City Manager to execute the Art Purchase Agreement with any changes required by the City Attorney. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2001-73. uncil concurred to take up Study Session Item No. 1 at this time. 1. DI USSION OF OPTIONS FOR FUTURE USE OF CITY -OWNED FACILITY AT 51-3 AVENIDA BERMUDAS AND DISCUSSION OF MAINSTREET MARKE LACE EVENTS. Assistant Cily Manager Weiss presented a brief staff report. Council Member iff stated he felt the facility use should relate to activities on Celle Estado, inclu ' g storage of banners, etc, and support promotion of the village. He suggeste five festivals (fall, spring, winter, holiday, and City birthday) in place of the ainstreet Marketplace events. Elaine Reynolds, of La Quin al\rtssociation, suggested a possibility of.the Arts Association sharing use acility with the Alliance group but noted neither can afford the facility'enance costs. 170 w Ml d QJ CV — U1 lu k X X jm �v m cy a m v o j4 a in in �n 0 aCO Q ai f _29 s I .2a 1'71 �� I 173 MW t 7 In- R i z ills ER _ I _ ADAMS ELEMENTARY SCHOOL ART WALL CERTIFICATES March 4, 2003 PRESENTATION: / Cesar Acosta Vivian Alvarez Chris Alvarez Melinda Amezcua Hector Aquino Brianna Arriaga Jose Bernal Adam Burciaga Brandon Burrell Rachel Carbajal Liliana Castaneda Demitri Colin Gisselle Contreras Monique Corvese Robert Cruz Mayra Cuevas Eric Cuevas Matthew Cunard Maria Delfin Luis Dominguez Tharia Duarte Konnie Enriquez Elijah Escobedo Cindy Espinoza Daniel Estrada Christian Fausto Elizabeth Fernandez Jenelle Fischer Rio Flores Samantha Garcia Adrian Guzman Jordan Hennessy Obed Heredia Andy Hernandez Christian Hernandez Esperanza Hernandez Erick Hernandez 176 ADAMS ELEMENTARY SCHOOL ART WALL _ CERTIFICATES March 4, 2003 Cindy Jaimes Carolina Juarez Conor Kanoski Tonya Knotts Kameron Laitinen Alejandra LeGrand Reina Leon Ruby Leon Jessica Lopez Miguel Lopez Christian Lopez Eileen Loya Ryan Lueras Cyndi Maduena Alan Magallon Rocio Martinez Aaron Martinez Itzayana Mata Jose Mendoza Yvette Meza Mailene Meza Luis Morales Cedric Morin John Morley Savannah Morris Andres Munoz Clarissa Murrillo Britney Nava Gracie Ochoa Uriah Ortiz Fernanda Pareja Rebecca Parsons Alejandra Pelayo Lesli Petak Carolina Ponce Nicolas Quevedo Javier Quintanilla V ADAMS ELEMENTARY SCHOOL ART WALL _ CERTIFICATES March 4, 2003 Diana Ramirez Laura Ramirez Brooke Rickman Dillon Rodarte Janette Rodriguez Nancy Ruelas Jessica Ruiz Alyssa Saldivar Michael Samy Ramiro Sanchez Blair Shannon Erika Tamayo Ramon Tapia Jacob Tarango Damaris Trevizo Marisol Valencia Alejandra Valencia Ernye Valenciano Vanessa Vargas Alan Vasquez Mimi Vega Andrew Velasquez Tyler Velasquez Victorian Vu Ricky Wisdom Belen Zavala Yvette Zavala Lucero Zavala W 3 101 • OF T' COUNCIL/RDA MEETING DATE: March 4, 2003 ITEM TITLE: Public Hearing to Consider and Act on an Appeal of the Planning Commission's Decision of January 28, 2003, to Adopt Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact (EA 2002-460) and Approve Site Development Permit 2002-753, Subiect to Findinqs and Conditions to Allow a 14,560 Square Foot Drug and Retail Store on a 4.03 Acre Site, Located at the Northeast Corner of Washington Street and Avenue 48. Appellant: Rancho La Quinta Homeowners' Association RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council upholding the Planning Commission's decision of January 28, 2003, to certify a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, and to approve a Site Development Permit for development plans of a 14,560 square foot drug and retail store on a 4.03 acre site. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At its January 28, 2003 meeting, the Planning Commission voted 4-0 (one Commissioner absent), to adopt Resolution No. 2003-003 certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002- 460, and Resolution No. 2003-004 approving Site Development Permit 2002-753 to allow the construction of a 14,560 square foot drug and retail store on a 4.03 acre site located at the northeast corner of Washington Street and Avenue 48 (Attachment 1). 179 On February 4, 2003, the Rancho La Quinta Homeowners' Association ("Appellant") filed an appeal of the Planning Commission's decision on the project. In summary, the Appellant has expressed concerns that include compatibility of land uses, traffic, noise, air quality, an over concentration of drug stores in the area, lighting, crime, hours of operation, signage, and deliveries. A copy of the appeal is attached (Attachment 2). In addition, copies of the January 28, 2003, Planning Commission Staff Report and meeting minutes are attached (Attachments 3 & 4) . Staff has reviewed the Appellant's concerns and has provided the following analysis for the Council's consideration. In addition, the developer's attorney has responded to the Appellant's concerns. The attorney's response is attached for your review (Attachment 5). Also, a copy of the project Plan Set and an aerial photo are provided as Attachment 6. Incompatible Land Use: The area between Avenue 47 and Avenue 48, and between Washington Street and Caleo Bay, is designated as Community Commercial in the General Plan. According to Municipal Code Section 9.70.050.A, the Community Commercial district is intended to provide for "the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of a multi -neighborhood area." Pursuant to Municipal Code Section 9.80.040, the Community Commercial designation allows a variety of commercial land uses, including (1) retail and auto parts stores, (2) food, liquor and convenient stores with limited hours, (3) general service uses such as barbershops, travel agencies, and copy services, (4) office uses, (5) certain medical uses such as clinics, doctors' offices, and surgical centers, and (6) restaurants, drive-throughs and carry -out food establishments. Certain noncommercial uses are also permitted, such as museums, libraries, fire stations, police stations, and government offices. The area has been designated for commercial uses since 1990. Several other projects have been approved within this area and are currently under construction, including a bank with several office buildings, a medical building, and a restaurant. A hotel has also been approved but has not started construction. The proposed project is to be located on one of the last remaining vacant parcels within this area. The surrounding land uses are as follows. The area to the north of the site is currently vacant, but has been approved for hotel use. To the west of the site is Washington Street, and the area further to the west is the La Quinta Arts Foundation site. To the south of the westerly portion of the site is 48t" Street, and beyond that is the golf course within Rancho La Quinta. To the south of the easterly portion of the site is 48t" Street, and beyond that are single-family 2 130 residential homes within Rancho La Quinta. To the east of the site is Caleo Bay, and beyond that is the Lake La Quinta single-family residential development. The Planning Commission concluded that the architectural design, the site design, and the landscape design were compatible with the surrounding land uses. The Planning Commission found that the proposed building lacks the bulky mass of a commercial building due to the articulation, stucco exterior finish, desert tone colors, the and the flat roofs. In addition, the proposed building is adequately set back from the right-of-way, and contains architectural variations so as to minimize the appearance of the structural mass. A variety of trees, shrubs and ground covers will provide an aesthetically pleasing use of landscaping space. Environmental Issues (Traffic, Noise, Air Quality): The Appellant states that it is opposed to impacts associated with the project in terms of additional traffic, noise and air pollution. Staff prepared an Environmental Assessment for the proposed project which covered an analysis of various environmental issues including traffic, noise and air quality. Each of these is discussed below. Traffic: The analysis of the Environmental Assessment was based on the General Plan Environmental Impact Report (EIR) and the Institute of Transportation Engineer's (ITE) Manual. According to the Environmental Assessment, the proposed project would generate approximately 1,284 traffic trips per day. Based on this trip generation, it was determined that the traffic generated from the project would not exceed the thresholds of the roadway capacities listed in the General Plan EIR, therefore, the project will not create a significant impact. In addition, proper traffic safety is provided by the signalized intersection that allows controlled turning movements at Washington Street and Avenue 48. Traffic can either make a U-turn at the intersection of Washington Street and Avenue 48 or, turn left onto Avenue 48 and into a dedicated left turn lane pocket to access Caleo Bay and the site from the east side of the property. Lake La Quinta Drive and Washington Street will be a signalized intersection in the future, which will also provide safe turning movements to access the site from Caleo Bay from Lake La Quinta Drive. The driveway locations for the site have been reviewed by the Engineering Department and have been determined to comply with the General Plan policies in that they are located at least 250 feet from the existing intersections. 3 191 Noise: The project site is adjacent to streets subject to traffic noise levels. While the commercial site is not a sensitive receptor, nearby areas are, which include projects such as Lake La Quinta to the east and Rancho La Quinta to the south. Based on the trip generation, traffic noise will not create a significant impact because the traffic levels on the surrounding streets are not expected to exceed the thresholds of the roadway capacities. In addition, the site proposes landscaping and building setbacks that will increase the separation between the building and the residences, thus reducing operation noise levels. Also, delivery trucks servicing the site will be made approximately once a week. The delivery area is located at the rear of the building. The store has been conditioned to limit the hours of operation between the hours of 7:00 a.m. and 9:00 p.m. This is expected to reduce delivery noise impacts to sensitive noise receptors no later than 9:00 p.m. Air Quality: Based on the 1,284 average traffic 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. In addition, pursuant to the SCAQMD CEQA Air Quality Handbook, Table 6-2, the proposed square footage is well below that used for potentially significant impact screening purposes. If the project is approved, the project will generate dust during construction. Because the project is located in a severe non -attainment area for particulate matter (PM 10), the project will be conditioned to comply with mitigation measures imposed by the South Coast Air Quality Management District. These mitigation measures will satisfy CEQA's requirement. Lighting: The Appellant states that its members are opposed to the additional lighting in the area. The Zoning Code requires parking for all developments. The Zoning Code allows parking lot lighting to be the same height as the building height in the zone in which the project is located. Currently, the project can be a maximum of 40 feet in height. The parking lot lighting standards for the project were proposed at 22 feet and currently meet the City's development standards. During discussions at the Planning Commission meeting, the developer agreed to reduce them to 18 feet. 4 1�^ The developer will have to amend the lighting plan and will require more lights in order to accomplish appropriate lighting for the parking lot. When lighting fixtures are lowered, the amount of light projected toward the ground is reduced, thus requiring more lighting. The only lighting in the tower will be a hanging, low-level lighting, lantern fixture. The developer has proposed to have parking lot lighting turned off 15 minutes after close of business, however, some low-level lighting will remain illuminated for safety purposes until open of business the following day. In addition, the remainder of the site will be conditioned to meet the Lighting Ordinance requirements as well. Additional public hearings will be conducted as other projects are proposed for the remainder of the site and lighting will be taken into consideration in the overall design of the site. Signage: The Appellant states that its members are opposed to the monument sign shown on the site plan and the building signs shown on the south facing elevation. While plans show approximate sign locations on the site plan and on two sides of the building facades, they are conceptual in nature. In general, the Zoning Code allows monument signs to be eight (8) feet in height and wall mounted signs to be located at the top of the wall. The applicant has been conditioned to submit detailed plans showing the proposed signs for the site. These plans will be brought back to the Planning Commission for approval under a Planned Sign Program. At that time, the signs will be reviewed in detail to make sure they conform to Code requirements. Therefore, there are no proposed signs as part of this application. Hours of Operation: The Appellant states that its members were told the hours of operation would be between 7:00 a.m. and 10:00 p.m. After discussion at the Planning Commission meeting the applicant agreed to limited hours of operation between the hours of 7:00 a.m. and 9:00 p.m. Staff is confident this will help reduce potential impacts from business operations to surrounding areas. Over Concentration of Drug Stores: The Appellant states that there is an over concentration of drug stores within a three-mile radius of the site. While there may be a variety of drug stores in the area, the City has no requirement for a submittal of a market study on proposed projects. Staff believes it is the responsibility of the developer to conduct such studies on their own behalf regarding supply and demand of their products. 5 183 Attached is a letter from Robert. P. Roscoe, Senior Real Estate Manager for Walgreens, which discusses their market research for this site (Attachment 7). Crime: The Appellant states that there will be crime associated with the proposed project. The Community Development Department transmitted this project to the Sheriff's Department for comments during the review period and no comments were received on the proposal. In addition, the developer will have an alarm system installed as a crime prevention measure and appropriate night lighting will serve as a criminal deterrent in addition to providing safety for the area. Public Notice: This appeal was advertised in the Desert Sun newspaper on February 12, 2003, and mailed to all property owners within 500 feet of the site. All letters received are attached, in addition to those contained in the January 28, 2003, Planning Commission Staff Report (Attachment 8). Any additional written comments received will be handed out at the March 4, 2003 meeting. FINDINGS AND ALTERNATIVES: Findings necessary to uphold the Planning Commission's decision can be made and are contained in the attached Resolutions. Pursuant to Municipal Code Section 9.200.120.E.6, the alternatives available to the City Council include: 1. Adopt a Resolution of the City Council upholding the Planning Commission's decision of January 28, 2003, to certify a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, and to approve a Site Development Permit for development plans of a 14,560 square foot drug and retail store on a 4.03 acre site; or 2. Continue the matter to a date certain and direct staff to prepare for the City Council consideration the appropriate findings to reverse the Planning Commission's decision; or 3. Modify the Planning Commission's decision as deemed appropriate by the City Council; or 4. Continue the appeal for further consideration; or 18A 5. Refer the application back to the Planning Commission with directions; or 6. Provide staff with alternative direction. Respectfully submitted, erman, /Community Development Director Approved for submission by: Mark Weiss, Assistant City Manager Attachments: 1. Site Location Map 2. Appeal date stamped February 4, 2003 3. January 28, 2003 Planning Commission Staff Report and Packet 4. January 28, 2003 Planning Commission Meeting Minutes 5. Response to Appellant's appeal from the developer's attorney 6. Project Plan Set and Aerial Photo (City Council Only) 7. Letter from Robert P. Roscoe, Senior Real Estate Manager for Walgreens 8. Letters from surrounding property owners 7 18) RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-460 AND APPROVING SITE DEVELOPMENT PERMIT 2002-753 FOR A SINGLE -STORY, 14,560 SQUARE FOOT DRUG AND RETAIL STORE ON A 4.03 ACRE SITE. CASE NOS.: ENVIRONMENTAL ASSESSMENT 2002-460 SITE DEVELOPMENT PERMIT 2002-753 LOCATION: (APN: 643-200-001) APPLICANT: EVERGREEN DEVCO APPELLANT: RANCHO LA QUINTA HOMEOWNERS' ASSOCIATION WHEREAS, the Planning Commission of the City of La Quinta, California, on the 28th day of January, 2003 held a duly noticed Public Hearing to consider Environmental Assessment 2002-460 and Site Development Permit 2002-753 to allow a single -story, 14,560 square foot drug and retail store, generally located at the northeast corner of Washington Street and Avenue 48, and did adopt Resolution Nos. 2003-003 and 2003-004 (the "Planning Commission's Decision") at the conclusion of the hearing; and WHEREAS, on the 4th day of February, 2003, an appeal was filed by Rancho La Quinta Homeowners' Association on the Planning Commission's Decision; and WHEREAS, the City Council of the City of La Quinta, California, did, on the 4th day of March, 2003 hold a duly noticed Public Hearing to consider the appeal of Planning Commission's Decision; and WHEREAS, the City Council has determined that said Environmental Assessment has complied with the requirements of the California Environmental Quality Act in that the Community Development Department has prepared an Initial Study (EA 2002-460) 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 Environmental Assessment, and therefore, a Mitigated Negative Declaration of Environmental Impact should be filed; and 186 X1:1 City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: March 4, 2003 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 2002-460. 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 that 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 City Council has considered Environmental Assessment 2002-460 and said Assessment reflects the independent judgment of the City Council. 187 09 City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: March 4, 2003 9. The City Council 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. 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. 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 proposed project is consistent with Environmental Assessment 2002-460 recommendation for certification of Environmental Impact. Environmental Quality Act (CEQA): The the requirements of CEQA, in that was prepared for this project with a a Mitigated Negative Declaration of 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 and flat roofs; the proposed building is adequately set back with architectural variations 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, 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. 1S3 10 City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: March 4, 2003 6. Landscape Design: The landscaping plan for the proposed project, including but not limited to, the location, type, size, and coverage of plant materials, has been designed to provide visual relief, complement the building, screen undesirable views and provide an overall unifying influence to enhance the visual appearance of the project. The proposed landscaping is compatible with the surrounding area in that the variety of trees, shrubs and ground covers 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. The Planning Commission's Decision is hereby sustained. 2. The above recitations are true and correct and constitute the findings of the City Council. 3. Environmental Assessment 2002-460 is hereby certified 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. 4. Environmental Assessment 2002-460 reflects the independent judgment of the City. 5. Site Development Permit 2002-753 is hereby approved 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 March, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 181 ii City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: March 4, 2003 DONALD ADOLPH, 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 190 12 Environmental Checklist Form 1. Project Title: Site Development Permit 2002-753; Walgreen's Drug and Retail Store 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: The northeast corner of Washington Street and Avenue 48; APN: 643-200-001 5. Project Sponsor's Name and Address: Evergreen Devco, Inc. 2920 East Camelback Rd., Suite 100 Phoenix, AZ 85016 6. General Plan Designation: Community Commercial 7. Zoning: 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.) The Site Development Permit proposes the construction of a 14,560 sq. ft. drug and retail store (Walgreens) on a portion of a 4.03 acre site. The balance of the site, labeled Phase II, are undefined in terms of use. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant, approved for Marriott Residence Inn South: Avenue 48, golf course and single-family residential West: Washington Street, La Quinta Arts Foundation partially developed site East: Caleo Bay and single-family residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District PAMartin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 13 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 Hazards and. Hazardous Public Services . Materials Agriculture Resources Hydrology and Water Quality Recreation Air Quality Land Use Planning Transportadonf traffic Biological Resources Mineral Resources Utilities and Service Systems Cultural Resources Noise Mandatory Findings Geology and Soils U Population and Housing 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 thhepoject have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL H PACT 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 attwhed sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. El I find that although the proposed project could have a significant effect on the environmmt, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and ) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are unposed upon the proposed project, nothing further is required. /*/� - Ze, Signature Date PAMartin\SDP 02-753 Walgreen's\EAChkIst460.wpd 14 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 XVHI, "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 XVHI 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:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 19.1 15 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 Exhibit 3.6) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) 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, Property Owner) 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? (No ag. land in proximity to project site) 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, 2002 PM10 Plan for the Coachella Valley) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 99 91 X X X X X X K"I 194 P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChk1st460.wpd 16 d) Expose sensitive receptors to substantial pollutant concentrations? X (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a substantial number of people? (Project Description, Aerial Photo, site inspection) 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? (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? (Master Environmental Assessment, p. 73 ff.) 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? (Master Environmental Assessment p. 123 ff.) 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)? (Master Environmental Assessment p. 123 ff.) X X X X X X /Ll 194 P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd VI. VII. c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment Exhibit 5.9) d) Disturb any human remains, including those interred outside of formal cemeteries? (Master Environmental Assessment p. 123 ff.) 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? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA Exhibit 6.2) iii) Seismic -related ground failure, including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) b) Result in substantial soil erosion or the loss of topsoil? (General Plan Exhibit 8.4) 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 Exhibit 8.1) 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 Exhibit 8.1) 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 Exhibit 8.1) 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 X X X X X X X X X X X X P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 196 v 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. 95 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- 187 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? (Project Preliminary Grading Plan) 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? (Project Preliminary Grading Plan) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Project Preliminary Grading Plan) 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 6.6) X X X M X X X X X X X 191 PAMartin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 19 g) Place within a 100-year floodplain structures which would impede or X 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) 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. 74 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 p. 95) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Residential project -- no ground borne vibration) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, p. III-144 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? (General Plan land use map) 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: F� X X X V.4 X X X 198 PAMartin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd {� 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., application materials) 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. 57) Police protection? (General Plan MEA, p. 57) Schools? (General Plan MEA, p. 52 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.) km X G/_ X 199 P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 21 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? (No air traffic involved in project) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project Site Plan) e) Result in inadequate emergency access? (Project Site Plan) f) Result in inadequate parking capacity? (Project Site Plan) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project Description) 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. 58 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. 58 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. 58 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. 58 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. 58 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. 58 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? 0 6 e X X X X X X X X 4.00 P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 22 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. M 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. None 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 001 P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 23 Addendum for Environmental Assessment 2002-460 I. a), b) & c) Washington is designated an Image Corridor in the General Plan. The proposal includes a single story Mediterranean style building on 4 acres. The proposal will be a low rise building which will not impact scenic vistas. Surrounding development, both existing and planned, reflects the same low rise design. The project will reflect the high quality development which the General Plan encourages on Washington Street. No scenic landmarks occur at or near the site. I. d) The project will generate light from parking lot lighting. The City's dark sky ordinance will be applied to all lighting plans submitted for the proposed project site. These requirements do not allow lighting to spill over to other properties, which will mitigate the potential impacts associated with the project. The potential impacts associated with light and glare are not expected to be significant. II. a)-c) The proposed project site is neither in a prime agricultural area, nor subject to Williamson Act contracts. III. a), c) The proposed project will result in the construction of 14,560 square feet of retail space, which will generate 1,284 trips at buildout'. Since the balance of the uses on the site are not identified, additional trips are likely, but cannot be calculated at this time. Based on the drugstore trip generation, the proposed project will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 39.80 1.53 8.16 -- 0.17 0.17 Daily Threshold* 550 75 100 150 Based on 1,284 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, year 2005. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. 1 Trip Generation, 6th Edition, Institute of Transportation Engineers, for category 881, Pharmacy/Drugstof2 C} 2 with Drive -Through Window. 24 P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EA-Adden460.wpd 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. It is further unlikely that the additional buildings on the site, currently designated as Phase II, will generate sufficient trips to exceed standards. However, the future buildings will be subject to review under CEQA, and their potential effects will be analyzed at that time. The impacts to air quality relating to chemical pollution from the proposed project are not expected to be significant at this time. III. d) The construction of the proposed project will generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM 10 (particulate matter of 10 microns or smaller). The proposed project would result in the disturbance of up to 4.03 acres of land, and the movement of about 555 cubic yards of dirt on the site. Cut and fill is expected to be balanced. This has the potential to generate 106.4 pounds per day in fugitive dust during the grading of the site. The Valley has recently adopted stricter measures for the control of PM 10. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated to a level less than significant 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. 203 PAMartin\SDP 02-753 Walgreen's\C C Appea1\EA-Adden460.wpd 25 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. Landscaping along Caleo Bay and on the northern boundary of the site shall be installed immediately following completion of precise grading on the site. 8. The areas identified as Phase II on the site plan shall be landscaped and irrigated with either sod or hydroseed, or desert wildflower mix prior to issuance of a certificate of occupancy for the building. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall conform to the notification standards included in the 2002 SIP for PM10 in the Coachella Valley. III. e) The construction of the proposed project will not generate any objectionable odors. IV) a)-f) 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. The site has previously been graded, and is significantly impacted for potential as a biological habitat. The impacts to other biological resources are not expected to be significant. 204 P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EA-Adden460.wpd 26 V. a)-d) 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 occur. 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)-iv) 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. The site is not in an area subject to liquefaction or landslides. VI. b) The site is located in a severe blowsand hazard area, and will therefore be subject to significant soil erosion from wind. The project proponent will be required to implement the mitigation measures listed under air quality, above, to guard against soil erosion due to wind. These mitigation measures will lower the potential impacts associated with wind erosion to a less than significant level. VI. c)-e) The soils on the site are not expansive, and will support the development proposed by the project proponent. The project proponent will be required to submit a site -specific geotechnical study at the time of building permit issuance to assure that all building techniques employed on the site result in safe structures. These standards will lower the potential impacts to a less than significant level. VIII. a►, c),d) & e) The proposed project will be responsible for the drainage of on and off site flows. The City Engineer requires that all project retain the 100 year storm on - site. The proposed project will be required to conform to this standard, which is expected to lower potential impacts to a less than significant level. P reen P:\Martin\SDR 02-753 Wal 's\C C A peal\EA-Adden460.wpd 205 \ 9 Vill. b) The Coachella Valley Water District provides domestic water to the subject property. The retail development on the project site 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 to 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. IX. a)-c) The project site is currently vacant, and will be developed for its General Plan designation of Community Commercial. The project is consistent with the General Plan and Zoning designations for the project site. The project will not divide an existing community, or conflict with a land use plan or with a habitat or natural community conservation plan. X.a) & b) The project site occurs outside the MRZ-2 Zone, and is not expected to contain resources. XI. a) The project site is located in an area of the City subject to high traffic noise levels. The project will develop as retail commercial development, which is not a sensitive receptor. The closest sensitive receptors are located to the east and south of the project site, in Lake La Quinta and Rancho La Quinta. The project site plan includes parkway landscaping and parking lot setbacks which will increase the separation between the commercial land use and the residential units. The project site will include a loading and delivery area on the north side of the site, and a drive -through window on the east side of the site. These uses have a potential to generate loud noises, particularly from truck traffic and loudspeakers at the drive -through. The most sensitive times for noise at sensitive receptors is the night-time hours, when ambient noise levels are low. Therefore, in order to mitigate the potential impacts to the sensitive receptors on the east and south, the following mitigation measure shall be implemented: 1. The delivery and drive -through hours on the project site shall be limited to 7 a.m. to 10 p.m. XI. c) The construction of the project will generate noise from construction equipment and activities. Existing homes occur to the east and south of the site. Homes are considered sensitive receptors to noise, and the construction at the site could have a short term negative impact. In order to reduce these potential impacts, the following mitigation measures shall be implemented: P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EA-Adden460.wpd 206 WO 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 northwestern quarter of the site, as far away from existing homes as possible. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. XI. d) & e) The project site is not within the vicinity of an airport or airstrip. XII. a)-c) The project site is currently vacant, and will result in the construction of commercial development. No impacts to population and housing are expected. XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will offset the costs of added police and fire services. The commercial development will be required to pay the state -mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, the project or its components 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. XIV. a) & b) The construction of commercial development will not impact recreational services. The generation of property and sales tax, and the General Plan policies in place to ensure that standards for parkland acquisition are followed by the City as development occurs, will mitigate potential impacts to these facilities to a less than significant level. XV. a) & b) The proposed project will generate 1,284 trips per day, and will generate additional trips when the Phase II components of the project are constructed. However, the proposed project is well within the type of use identified in the General Plan for the Community Commercial designation, and has been analyzed in terms of the impacts to traffic and circulation on Washington and Avenue 48. P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EA-Adden460.wpd 2 01" 29 The impacts to the circulation system are expected to be consistent with those identified in the General Plan EIR, and are not expected to be significant. XV. c►-g) The project will not impact air patterns. The design of the site does not create any hazardous design features. The site plan includes parking requirements generally in conformance to the City's standards. The site plan provides for emergency access points. Alternative transportation in the form of bus stops will be implemented throughout the area based on General Plan policies and programs. XVI. a)-f) Utilities are available at the project site. The project developer will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. 208 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\EA-Adden460.wpd 30 0 0 0 O N M rd L [..� O V1 z ~ � al w n u =e M. A U� �A aCd OU a� b � � Q M cd Q Cd -+ C13 Q O a a o an A to � 'v � o Pi ° ° 9i 9an 9i � U •� . U •� � � U U U � U p v O O � 4-4 z~ 0 Oz Q� Cd � P . ta/1 64 .,, bo to to to ° r Cd w w b S r" b b u N b O O O cl � � O O Q cl C ga� ID cl ID 5 cl} cIA P. -0 co It 0 c 0 •L Q w N c rn co Lo n N O d 24,1 a31 A A dA �A OV OV U U Cd 0 � o � ,0 0 Cd con .b 1-4 Cd pro w � z � z a0 � a0 o Q Q Q 4 U A U AQ U Cd O �� U cd �� a 7 cl Q, w a >o cd �C,3 E� o � p u OEM° rr °� - � Ena o U c,3o z c3 3 a 3 0 co c 0 g� W cm 16 .; J c co 32" CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 GENERAL 1 . The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2002-753 unless otherwise amended by the following conditions. The remainder of the site shall remain vacant until such time that other development proposals are submitted. At that time a separate permit(s) will be required for the development of the remainder of the site with approval by the Planning Commission and/or City Council. 2. All public agency letters received for this case are made part of the case file documents for plan checking processes. 3. This 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). 4. 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. 5. The hours of operation for the project, including the drive-thru, shall be between the hours of 7:00 a.m. and 9:00 p.m., seven days a week. 6. There shall be no storage or sales of alcohol on the premises. 7. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: Riverside County 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) 1- • Waste Management of the Desert 21 33 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 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. 8. 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-DWQIt . 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 erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 212 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd q, CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 PROPERTY RIGHTS 9. 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. 10. 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) Washington Street (Augmented Major Arterial, 132-foot right-of-way) — Acquire and dedicate an additional 6-foot wide strip of right of way in front of the subject property from the owner of the landscape setback lot. The applicant shall make a good faith effort to acquire the needed right-of-way from the existing property owner. As a minimum, the applicant shall offer a land for land exchange by offering to replace 6-foot wide stripe taken from the west side of the landscape lot with a 6-foot wide stripe added to the east side of the landscape lot. If the applicant is unable to acquire the needed right of way, the applicant shall request the City Council to consider acquiring the right of way via eminent domain at the applicant's expense. This dedication requirement may be waived if a future General Plan Amendment is approved by the City Council. 2) Avenue 48 - None required. 3) Caleo Bay None required. 1 1. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Washington Street — The applicant shall supplement the 14-foot wide landscaped setback lot, reduced in size because of the 6-foot wide right of way dedication, by providing an additional 6-foot wide strip of land from the subject property and incorporate it into the existing landscape lot. This dedication requirement may be waived if a future General Plan Amendment is approved by the City Council reducing the required right of way width to 120 feet. B. Avenue 48 - None required. �13 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 35 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 C. Caleo Bay - 10 feet from the street right-of-way . The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 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, park lands, bus turn out, and common areas shown on the Site Development Permit. 13. Direct vehicular access to Washington street, Avenue 48, and Caleo Bay from any portion of the site from frontage along Washington Street, Avenue 48, and Caleo Bay are restricted, except for those access points identified on the site plan for this project, or as otherwise conditioned in these conditions of approval. 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, ingress/egress, or other encroachments will occur. 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 -site 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. A. Striping Plan on Caleo Bay 1 " = 40' Horizontal B. Perimeter Landscape Plan on Caleo Bay 1 " = 20' Horizontal C. Site Development Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. ?14 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 36 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 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 for parking stalls and access to the building; and show the existing street improvements out to at least the center lines of adjacent existing streets. 17. 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. 18. 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 19. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 20. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 21. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and w 1 3'7 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), 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. 22. 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. 23. Grading within perimeter setback and parkway areas shall have undulating terrain and shall conform to LQMC 9.60.240(F). The maximum slope shall not exceed 4:1 anywhere in the landscape setback area, and shall not exceed 8:1 in the first 6 feet adjacent to the curb in the right of way. 24. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 25. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the approved site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 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. 216 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 26. 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 approved Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 27. 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. DRAINAGE 28. Stormwater shall be directed to the approved drainage system for Tract 24230/Tract 26152 (Lake La Quinta). Nuisance flows from the subject SDP 2002-753 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. 29. 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. The parking lot drainage may not be directed to the existing retention basin in the Washington Street parkway unless it can be demonstrated to the satisfaction of the City Engineer that the basin was sized to accommodate the run off from the developed property as well as the run off from Washington Street. 30. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 31. 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. 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 33. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd *2. 1 7 39 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 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 for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. 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, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 37. 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. 38. General access points and turning movements of traffic are limited to the following: A. Primary Entry: (Washington Street) shared access located approximately 320 feet north of Avenue 48. This driveway shall be a shared access drive with the adjacent landowner to the north and shall be centered on the northerly property line to reduce access points and turning movements off of, and onto, Washington Street. This driveway shall have right in/right out turning movements only. 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. If after making a good faith effort to acquire the reciprocal access easement from the adjacent landowner, the applicant is unable to establish the needed access rights to center the driveway on the property line, 213 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 40 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 then the applicant may install the driveway entirely on the applicant's property immediately south of the north property line. B. Secondary Entry: (Avenue 48) located approximately 330 feet east of Washington Street shall have right in/right out turning movements only. C. Additional Entry: (Caleo Bay) located approximately 220 feet north of Avenue 48, and approximately 110 feet south of the north property line. 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 two way left turn lane at the driveway. Signing and striping plans which detail the two way left turn lane and centerline striping shall be submitted to the Engineering Department for approval. 39. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 30-foot uninterrupted driveway throats into the parking lot. CONSTRUCTION 40. 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. LANDSCAPING AND LIGHTING 41. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 42. The perimeter landscaping for the project shall be consistent with what is existing in the immediate area. 43. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 44. 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 219 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 41 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 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. 45. 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. 46. 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. 47. Parking lot lighting fixtures shall be shielded to reduce glare to the surrounding area. In no case shall lighting standards for the parking lot be taller than 18 feet. The parking lot lighting fixture shall be a shoe box type lighting fixture mounted on a four (4) inch square steel pole. 48. The applicant is required to provide loading/unloading berth in accordance with the Zoning Code. Such loading/unloading berth shall measure a 45 feet by 12 feet minimum. Striping shall be provided to clear mark the loading/unloading area. 49. The proposed drive-thru lane widths for the pharmacy shall have a minimum of nine (9) feet for the inside lane and ten (10) feet for the outside lane. Proper striping shall be required to allow for safe vehicle circulation leaving the drive-thru area. QUALITY ASSURANCE 50. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 51. The applicant shall employ, or retain, qualified engineers, surveyors, and such of 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. 0?0 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 4 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 52. 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. 53. 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 54. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 55. 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 56. 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. 57. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). ' COACHELLA VALLEY WATER DISTRICT 58. The site shall be annexed to Improvement District Nos. 55 and 82 of the district for sanitation service. 59. Grading, landscaping and irrigation plans shall be submitted to the Coachella Valley Water District for review to ensure efficient water management techniques. 60. Appropriate fees, if any, shall be paid to the Coachella Valley Water District in accordance with their current regulations for service to the site. P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 41, CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 RIVERSIDE COUNTY FIRE DEPARTMENT 61. Approved super fire hydrants shall be spaced every 330 feet and 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. 62. Blue dot reflectors shall be placed in the adjacent 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. 63. Fire Department connections shall not be less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the street side of the buildings. 64. Based on a building square footage of ± 14,560 and the building having a fire sprinkler system, the required fire flow must be at least 1,625 gpm at 20 psi residual for a 3- hour duration. 65. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City's plan check procedures. 66. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 67. Buildings over 5,000 square feet are required to be fully equipped with fire sprinklers (NFPA 13 Standard). Fire sprinkler plans shall be submitted to the Fire Department for review and approval prior to issuance of a building permit. 68. The required water system, including fire hydrants, shall be installed and accepted by Coachella Valley Water District prior to any combustible building materials being placed on an individual lot. 69. Fire Department street access shall come to within 150 feet of all portions of the 1 st floor of all buildings, by path of exterior travel. 70. 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 stop signs. Streets shall be a minimum 20 feet wide with a height of 13'-6" clear and unobstructed. 71. Install a KNOX key box on the building. Contact the Fire Department for an 420? application. 41 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 MARCH 5, 2003 72. Install portable fire extinguishers as required by the California Fire Code. DESERT SANDS UNIFIED SCHOOL DISTRICT 73. The applicant will be required to pay a school mitigation fee at the time a building permit is issued. SIGNS a 74. The applicant shall be submit a detailed Planned Sign Program for the site to be approved by the Planning Commission. MITIGATION MONITORING 75. The applicant shall comply with the Mitigation Monitoring Program in connection to the certified Mitigated Negative Declaration for the project. COVENANTS CONDITIONS & RESTRICTIONS 76. The applicant shall include in their Covenants, Conditions & Restrictions that no other pharmacies shall be allowed on the site. 223 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 4 ATTACHMENT #1 ft.._ j i, 46 ATTACHMENT #2 APPLICATION FOR APPEAL OF FINDINGS AND/OR CONDITIONS EIR 2002-460 Planning Commission Resolution 2003 Site Development Permit 2002-753 Mayor and Members of the City Council City of La Quinta, California We are appealing the above referenced EIR, Planning Commission Resolution and Site Development Permit that was approved with conditions by the City of La Quinta Planning Commission on January 28,2003 for the following reasons: BACKGROUD On March 27,2001, the Planning Commission denied Walgreens site development permit to build a 14,490 SF discount retail food and drug store with a drive-thru pharmacy at the SEC of Washington Street and Avenue 50. It was denied because the residents did not want this retail use in their neighborhood and the applicant needed a zone change from office to retail. Several Commissioners stated that it was the "best designed Walgreen's, but it was the wrong use in the wrong location." Reference Planning Commission Minutes, Page 11, Paragraph 22 & 23, dated March 27, 2001. On November 13, 2002, Walgreens applied for a site development permit for at the NEC of Washington Street and Avenue 48, one city block north of Avenue 50. The Planning Commission approved Walgreens 14,560 SF retail food and drug store with a drive-thru pharmacy on January 28, 2003 over the objection of the Rancho La Quinta Homeowners Association representing approximately 850 homes, 266 residents petitioned signatures and about 30 who attended the public hearing. No one spoke in favor of the project except for the Evergreen Development team. It is inconceivable that a retail use of this nature would be allowed adjacent to established prestigious residential neighborhoods, when the residents made it clear for numerous reasons that it was the wrong use in the wrong location. Reference Planning Commission Minutes, dated January 28,2003. 22`5 47 (Continued) Evergreen Devco of Arizona is the master developer of the entire 4-acre parcel. They are in escrow to purchase the property from Eisenhower Medical Center, the current owner. They intend to build the 14,560 SF Walgreens building on the corner 1-acre site and then sell the remaining 3- acres to developer Wes Oliphant for office/medical and possibly other retail uses compatible to Walgreens. The applicant has only applied for site development permit for the 1-acre Walgreens store site at this time. The remaining 3-acres will be subdivided into 3 separate parcels that will require three separate public hearings and conditions of approval. FINDINGS • A precedent was established when the Planning Commission denied Walgreens application for a site development permit on Washington Street and Avenue 50 for the same reason the residents at the Washington and Avenue 48 are stating "It is the wrong use in the wrong location." • The use of the land is clearly incompatible with existing residential development in the area as well as future improvements planned for the surrounding area. Professional office and or medical office uses would make for an acceptable transition considering the commercial uses planned north of Avenue 48 and the neighborhoods to the east and southwest of the site. • The residents clearly do not want, need, nor will they support this retail us in their neighborhood. Evergreen Devco met with La Quinta residents at their neighborhood community meeting on January 16, 2003 and stated they that would not proceed with the development if the residents didn't want Walgreens. The residents made it very clear that they did not want them at the Planing Commission hearing on January 28, 2003. • The food and drug store users have "over -stored" the trade area with 10 or more competitors within a 3-mile trade area of the site to service a population of 41,559. Walgreens will become the 1 lth. There are 6 competitors with a 2-mile radius of the. site and 3 within one mile. There are only 2,770 people within one mile of the proposed site, two-thirds of who are second homeowners that are there for only six months of the 226 (Continued) year or on weekends. How can another food, drug and pharmacy store survive in the market place especially when the new super Wal-Mart and Target locates a mile away, each with pharmacies? We will know when Walgreens goes dark and another tenant must be found for a specialized building. • The full environmental impact that the entire 4-acre development site will have on the neighborhood is unknown because the uses for phase II parcels are undefined. The developer is piece-mealing the approvals for each use as he tries to create them. Environmental issues such as traffic congestion, noise, air quality, crime, safety, lighting for the entire 4-acre site cannot be determined at this time. The environmental assessment as negative as it is only deals with the 14,560 SF Walgreens retail space. • The impact of traffic safety at Caleo Bay Street and Avenue 48 was not addressed in the applicant's Environmental Assessment traffic report. Accidents are likely to occur when returning home traffic exits the site at Caleo Bay Street making a left hand turn on to Avenue 48 having to cross 4-lanes of on- coming traffic and east bound traffic turning left into Caleo Bay Street. • Retail users like Walgreens are heavy traffic generators. Pursuant to the Environmental Assessment Report on Page 21, Paragraph III. a), c) the Walgreens 14,560 SF of retail space will generate 1,284 trips per day at build out according to the Institute of Transportation Engineers, for Pharmacy/Drugstore with Drive-thru Windows. This is an unacceptable level of added traffic to the nearby neighborhood. Further, what will the impact of traffic, noise and pollution be on the neighborhood when the entire 4-acre project is built out? The Environmental Assessment Report did not address this critical question. • According to the Environmental Assessment Report on Page 13, Paragraph III the site has a potentially significant increase of pollutant including releasing emissions which exceed quantitative thresholds for ozone precursors under federal or state ambient air quality standards. This is unacceptable to the nearby residents, many of whom chose to locate here at least in part because of the clean desert air. 227 49 (Continued) • Although it is well known that there is significant crime associated with retail drug stores, the Environmental Assessment did not address this issue. Again, nearby residents object to the addition of this store to their neighborhood. • During the neighborhood community meeting with Evergreen Devco on January 16, 2003, the developer stated that the hours of operation would be from 7:00 AM to 9:00 PM. However, in the Conditions of Approval it states that Walgreens will be open from 7:00 AM to 10:00 PM. Reference Conditions of Approval document, dated January 28,2003, Page 33, Paragraph 5. We believe that this is only one of the many "modifications" that Walgreens will have to make in an attempt to survive in this location. • Monument and building signage shown on the elevations are conceptual and will be considered by the Planning Commission for approval under a planned Sign Program. Although the developer states that Walgreens building signs will be located at the halfway point of about 13.2 feet in height on the building, it is the concern of the residents facing Avenue 48 that they will see them. Walgreens is also proposing a monument sign of 5 X 10 feet at the corner of Washington Street and Avenue 48 that is in appropriate in size and nature for this corner. • The La Quinta Arts Foundation parking lot lighting fixtures are 10 feet in height. The developer of the Walgreens site has agreed to reduce the parking lot "shoe box" type lighting fixtures from 22 feet to 18 feet in height to help lessen the glare on the adjacent residential neighborhoods and nighttime views in the area. Nearby residents feel that "helping" and "lessening" does not constitute elimination and are opposed to this additional problem at an already busy intersection. They said there would be no lighting in the 30-foot tower. What are the lighting requirements for the remainder of the undeveloped property? They will only exacerbate this problem as will the already elevated nature of this entire site. 228 50 (Continued) • During our neighborhood community meeting the developer stated that truck deliveries would be scheduled for once a week from 8:00 Am to 8:00 PM. Does this mean one vendor per delivery or a conglomerate of deliveries? Truck deliveries are not discussed in the Conditions of Approval, and obviously represent another commercial intrusion into this neighborhood. • Walgreens is the largest of the retail discount food and drug stores in the country and employs about 25-30 employees per store. The employees belong to labor unions. The residents are concerned about the unsightly picketing in the neighborhood that occurs during labor disputes, as has happened at the Walgreens store at Washington Street and Avenue 42. CONCLUSION Walgreens is the wrong use and is in the wrong location at Washington Street and Avenue 48. More appropriate sites are available at the NEC of Washington Street and Avenue 47 and along Highway 111 at the NEC corner of Adams, just a mile up the street. Their retail use will be better served in the explosive Highway 111 retail corridor along with all the other major credit tenants. They do not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, deliveries, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. Please join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta home. 223 51 j, DE COMPETITION MAP ORIte-Aid aWalgreens ORalphs 0savon A j ©Vohs 0 Stater Bros . " I ..e- 1, -, OWN—,- ec - is m I I f I a v 7jA' wrest �1:11 OWalmart ORalphs nm ell tv. on! OLongs (DRalphs for 1—Y '.0i. "M eew. % A., • TNI t%MVI c' own k'j m seem SEAL 7.4 0"08.wowo. 7 r wwnw 1plgx-ff _AN saw 17!:1•ZrA 2 1 % ��Jee nommOU& IL VI r. It ..L& arm v p "eI , aL r % ee�,\ J, 2S. 7 0 INDIM We" - �ftil - f%Z1, 3 17 le V. ekvsue.j7" A- AA LA r TA C, il 4 ell W 0\ isgimeef! In alr-eee—all AW d" Sri. 00 AN Aj MtIWA 16A 100"% ---------- - IF -,a-om A T_W_ V -few- P64 wisr OWCOMM AUXM.Ml p" WEST WSW Came I IS ev ATTACHMENT #3- DATE: CASE NO: APPLICANT/ PROPERTY OWNER: STAFF REPORT PLANNING COMMISSION JANUARY 28, 2003 ENVIRONMENTAL ASSESSMENT 2002-460 SITE DEVELOPMENT PERMIT 2002-753 EVERGREEN DEVCO, INC./EISENHOWER MEDICAL CENTER REQUEST: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) REVIEW OF DEVELOPMENT PLANS FOR A 14,560 SQUARE FOOT DRUG AND RETAIL STORE ON A 4.03 ACRE SITE. LOCATION: NORTHEAST CORNER OF AVENUE 48 AND WASHINGTON STREET (APN: 643-200-001). ENGINEER: DAVID R. GRAY, INC. ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 2002-460; 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 (CR) SURROUNDING LAND USES: NORTH: VACANT LAND (MARRIOTT HOTEL SITE) SOUTH: RANCHO LA QUINTA DEVELOPMENT EAST: LAKE LA QUINTA DEVELOPMENT WEST: LA QUINTA ARTS FOUNDATION AND LAGUNA DE LA PAZ DEVELOPMENT. Martin\SDP 02-753Walgreen's\PCStfrptSDP2002-753 5 A011 PLANNING COMMISSION STAFF REPORT EA 2002-460/SDP 2002-753 JANUARY 28, 2003 BACKGROUND: The project site is located at the northeast corner of Avenue 48 and Washington Street (Attachment 1). The property is vacant and approximately 4.03 acres in size. This property is part of a previously approved Tract Map (TTM 24230) for the commercial and residential lots along the east side of Washington Street between Avenue 47 and Avenue 48. This project site had a former approval for a two-story, 47,894 square foot medical office building (Eisenhower) that was never constructed. The Zoning Map designates the property as Regional Commercial. However, the General Plan designates the property as Community Commercial. Under State law, whenever there is an inconsistency between the General Plan and the Zoning Map, the General Plan prevails. Therefore, the Community Commercial zoning district will set the development standards for this site. Also, the City has a 22 foot height restriction within the 150 foot setback for buildings located along Major Arterials. This helps reduce a project's visual impact and building mass along major arterials such as Washington Street. Existing streets surrounding the site include Washington Street, a Major Arterial with a 120 foot wide right-of-way (six -lane divided), Caleo Bay, a Local Street with a 60 foot wide right-of-way (two-lane undivided) and Avenue 48, a Primary Arterial with an 110 foot wide right-of-way (four -lane divided). All streets are improved with curbs, gutters, and sidewalks. In addition, the intersection of Washington Street and Avenue 48 is currently a three-way signalized intersection. PROJECT PROPOSAL: The current application is for a single -story, ± 14,560 square foot drug and retail store on the 4.03 acre site (Attachment 2). A portion of this site is reserved for future development. This remainder portion of the site will be processed under separate applications to be brought back to the Planning Commission at a later date. Per discussions with the applicant, these buildings will be medical related and the architecture will compliment the current proposal. Architecture The proposed building will have a Mediterranean theme with a combination concrete tile/parapet roof, exposed roof beams, integrally colored stucco finishes with desert MartinlSDP 02-753Walgreen's1PCStfrptSDP2002-753 54 PLANNING COMMISSION STAFF REPORT EA 2002-460/SDP 2002-753 JANUARY 28, 2003 tones, stone tile wainscot, columns with connecting arches, medallions on the corner elements, and decorative light fixtures. The building will be approximately 22 feet in height with an architectural projection (tower) at the southwest corner of the building at thirty (30) feet -eight (8) inches in height. Architectural projections not containing usable floor space are permitted to extend fifteen feet above the maximum structure height if approved as part of a Site Development Permit. Also, the footprint area of such projection cannot encompass more than ten percent of the ground floor area of the structure. The footprint of the architectural projection, as proposed, would be 576 square feet, which falls within the ten percent limit. The main entry will face in a southwestern direction and be accented by the tower. A covered walkway and landscaped planters will be located along the western and southern boundaries of the -building to separate vehicular traffic from pedestrians. Glass windows and doors will be added to the western and southern facades. The smooth shaped columns, arches and tile roofs will help break up the building mass. Landscaping The building is setback far enough to allow landscaping and lighting within the site's setback area. Minimum building setback requirements include thirty (30) feet from Washington Street, twenty (20) feet from Avenue 48 and Caleo Bay and zero feet from interior property lines. The building is setback one -hundred fifty (150) feet from Washington Street, thirty-five (35) feet from Avenue 48, two -hundred fifty (250) feet from Caleo Bay, and one - hundred forty (140) feet from the adjoining property to the north. Landscape setbacks include twenty (20) feet from Washington Street and ten (10) feet from Avenue 48 and Caleo Bay. Although there is no setback requirement from interior property lines, the applicant is proposing a five foot setback from the adjoining property to the north for the future phases. In addition, the applicant proposes a three (3) foot high wall along Washington Street and Avenue 48 to screen the parking lot from public view. The conceptual landscape plan for the site consists of a wide variety of trees, shrubs and ground covers. The western frontage along Washington Street is currently landscaped with Date Palms, California Fan Palms, turf and a meandering walkway. This will remain as part of the project. Additional landscaping will be installed along Martin\SDP 02-753Walgreen's\PCStfrptSDP2002-753 ti?3 PLANNING COMMISSION STAFF REPORT EA 2002-460/SDP 2002-753 JANUARY 28, 2003 the site boundaries as well as within the site. The applicant will be required to stabilize the vacant remainder of the site in accordance with Section 6.16 of the Municipal Code to reduce dust emissions. The proposed landscaping will provide visual relief, compliment the buildings and provide an overall design that is prevalent throughout the City. Lighting The lighting fixture proposed for the building is a twelve (12) inch high carriage -light. it will be mounted on all sides of the building, with similar fixtures hanging under the covered walkways. The parking lot lighting proposed consists of a "shoe box" type fixture mounted on a four (4) inch square steel pole twenty-two (22) feet in height. The lighting fixture will be installed along the perimeter and within the parking lot of the site. Lighting at the site is proposed to be set on a timer so that night lighting will be reduced and allow sufficient lighting for safety purposes only. Access Vehicular access is provided at three locations; Washington Street, Avenue 48 and Caleo Bay. The Zoning Code requires undivided two-way driveways twenty-eight (28) feet wide minimum. The applicant is proposing to have all three entrances thirty-five (35) feet wide. The entrances at Washington and Avenue 48 will be right-in/right-out only. The entrance on Caleo Bay will be a full -turn. Interior vehicle circulation is provided by twenty-six (26) feet wide aisles throughout the parking lot. All three site entrances are proposed to have decorative paving to accent the project entries. The proposed drive-thru for the pharmacy will be located on the eastern side of the building and have two drive -ways. The drive-thru will be covered by a shade structure that will be architecturally integrated with the building design. The zoning code requires that drive-thru aisles be a minimum of twelve (12) feet wide. Currently, the proposed layout does not meet this requirement. The applicant will be conditioned to meet the code requirements. Proper striping will also be required to allow for safe vehicle circulation leaving the drive-thru area. Parking Section 9.150.060 of the Zoning Code requires one (1) parking space per two -hundred (200) square feet. Based on 14,560 square feet of retail space the required parking Martin\SDP 02-753Walgreen's\PCStfrptSDP2002-753 � ' 3 4 56 PLANNING COMMISSION STAFF REPORT EA 2002-460/SDP 2002-753 JANUARY 28, 2003 is seventy-three (73) spaces. The applicant proposes ninety-one (91) spaces. Additional parking will be required for other uses on the site as it builds out. The applicant will be conditioned to provide sufficient parking for all uses at build out. The proposed loading area for the project will be at the rear of the building. The Zoning Code requires buildings between 1,000 and 19,999 square feet to provide at least one loading berth measuring forty-five (45) feet by twelve 0 2) feet. There is sufficient space at the rear of the building to accommodate the loading berth. There are landscaped islands on each end of the loading area and walls enclosing the trash compactors and bins. No parking is permitted in this area other than that needed for the delivery trucks. Signage The signage shown on the elevations are conceptual. The applicant will submit detailed plans showing the proposed signage for the site to be brought back to the Planning Commission for approval under a Planned Sign Program. Architecture and Landscaping Review Committee (ALRC) At the December 4, 2002, ALRC meeting, the Committee discussed the project and identified certain issues for consideration by the Planning Commission. These included the pedestrian area at the corner of Washington Street and Avenue 48, landscaping on the site, and soil stabilization. The meeting minutes are attached for your review (Attachment 3) . Public Notice: This project was advertised in the Desert Sun newspaper on January 4, 2003, 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 (Attachment 4). 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. Martin\SDP 02-753Walgreen's\PCStfrptSDP20O2-753 57 PLANNING COMMISSION STAFF REPORT EA 2002-460/SDP 2002-753 JANUARY 28, 2003 STATEMENT OF MANDATORY FINDINGS: Findings to approve EA 2002-460 and SDP 2002-753 pursuant to Sections 9.210.020 of the City of La Quinta Zoning Code can be made and are contained in the attached Resolutions. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2003- , certifying a Mitigated Negative Declaration of Environmental Impact (EA 2002-460) pursuant to the findings set forth in the attached Resolution; 2. Adopt Planning Commission Resolution 2003- , approving SDP 2002-753, subject to findings and conditions. Attachments: 1. Site Location Map 2. Plan Set 3. December 4, 2002, ALRC meeting minutes 4. Letters from adjacent property owners Prepared by: 4 G►,," �4,,G " � �--- Martin Magana Associate Planner Martin\SDP 02-753Walgreen's\PCStfrptSDP2002-753 ��s we PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-460 PREPARED FOR SITE DEVELOPMENT PERMIT 2002-754. CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-460 APPLICANT: EVERGREEN DEVCO WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 281h day of January, 2003 hold a duly noticed Public Hearing to consider Environmental Assessment 2002-460 and Site Development Permit 2002-753 to allow a single -story ± 14,560 square foot drug and retail store, generally located at the northeast corner of Washington Street and Avenue 48, more particularly described as follows: APN: 643-200-001, 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 2002-460) 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 Site Development Permit 2002-753, 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 2002-460. 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. 237 PAMartin\SDP 02-753 Walgreen's1PC Reso EA 02-460.wpd w1i PLANNING COMMISSION RESOLUTION 2003- ENVIRONMENTAL ASSESSMENT 2002-460 JANUARY 28, 2003 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. 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 2002-460 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 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. O-)sow kJ P:\Martin\SDP 02-753 Walgreen's\PC Reso EA 02-480.wpd c 0 V tJ PLANNING COMMISSION RESOLUTION 2003- ENVIRONMENTAL ASSESSMENT 2002-460 JANUARY 28, 2003 2. That it does hereby certify Environmental Assessment 2002-460 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 2002-460 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28" day of January, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California 233 l'J - i P:\Martin\SDP 02-753 Walgreen's\PC Reso EA 02-460.wpd -" Environmental Checklist Form 1. Project Title: Site Development Permit 2002-753; Walgreens Drug and Retail Store 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: The northeast corner of Washington Street and Avenue 48; APN: 643-200-001 5. Project Sponsor's Name and Address: Evergreen Devco, Inc. 2920 East Camelback Rd., Suite 100 Phoenix, AZ 85016 6. General Plan Designation: Community Commercial 7. Zoning: 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.) The Site Development Permit proposes the construction of a 14,560 drug and retail store (Walgreens) on a portion of a 4.03 acre site. The balance of the site, labeled Phase II, are undefined in terms of use. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant, approved for Marriott Residence Inn South: Avenue 48, golf course and single-family residential West: Washington Street, La Quinta Arts Foundation partially developed site East: Caleo Bay and single-family residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 2110 PAMartin\SDP 02-753 Wa1green's\EAChk1st460.wpd i 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 F] 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. 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. F] 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. Al� - Signature Date 241 PAMartin\SDP 02-753 Wa1green's\EAChkIst460.wpd 63 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 SiVnificant 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. P:\Martin\SDP 02-753 Wa1green's\EAChkIst460.wpd 64 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: 1. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit 3.6) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) 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) 11. 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, Property Owner) 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? (No ag. land in proximity to project site) 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) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 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, 2002 PM10 Plan for the Coachella Valley) X 91 X X X M /k /ki X X 243 P:\Martin\SDP 02-753 Wa1green's\EAChk1st460.wpd d) Expose sensitive receptors to substantial pollutant concentrations? X (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a substantial number of people? (Project Description, Aerial Photo, site inspection) 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? (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? (Master Environmental Assessment, p. 73 ff.) 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? (Master Environmental Assessment p. 123 ff.) 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)? (Master Environmental Assessment p. 123 ff.) iN X 91 KI X X P:\Martin\SDP 02-753 Wa1green's\EAChkIst460.wpd '� 4 66 VI. VII. c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment Exhibit 5.9) d) Disturb any human remains, including those interred outside of formal cemeteries? (Master Environmental Assessment p. 123 ff.) 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? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA Exhibit 6.2) iii) Seismic -related ground failure, including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) b) Result in substantial soil erosion or the loss of topsoil? (General Plan Exhibit 8.4) 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 Exhibit 8.1) 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 Exhibit 8.1) 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 Exhibit 8.1) 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 X X X X X X X X X VA K1 M 24law- P:\Martin\SDP 02-753 Wa1green's\EAChkIst460.wpd 67 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. 95 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- 187 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 isiltation on - or or river, n a manner which would result in substantial erosion or off -site? (Project Preliminary Grading Plan) 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? (Project Preliminary Grading Plan) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Project Preliminary Grading Plan) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate al Assessment or other t Exhibit hazard delineation map? (Master Environment 6.6) PAMartin\SDP 02-753 walgreen's\EAChkIst460.wpd 246 68 g) Place within a 100-year floodplain structures which would impede or X 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) 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. 74 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 f) 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 p. 95) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Residential project -- no ground borne vibration) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, P. III-144 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? (General Plan land use map) 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: `'4 X X X X X X X X X 247 PAMartin\SDP 02-753 Wa1green's\EAChkIst460.wpd C 9 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., application materials) 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. 57) Police protection? (General Plan MEA, p. 57) Schools? (General Plan MEA, p. 52 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.) X X X X X k X X 91 M 2 43 P:\Martin\SDP 02-753 Wa1green's\EAChkIst460.wpd 70 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? (No air traffic involved in project) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project Site Plan) e) Result in inadequate emergency access? (Project Site Plan) f) Result in inadequate parking capacity? (Project Site Plan) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project Description) 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. 58 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. 58 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. 58 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. 58 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 cornmitments? (General Plan MEA, p. 58 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. 58 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? X X X X X ON ►� X 191 94 X X 241 PAMartin\SDP 02-753 Wa1green's\EAChk1st460.wpd 71 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. M M 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. None 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 2 )0 PAMartin\SDP 02-753 Wa1green's\EAChkIst460.wpd 7 Addendum for Environmental Assessment 2002-460 b) & c) Washington is designated an Image Corridor in the General Plan. The proposal includes a single story Mediterranean style building on 4 acres. The proposal will be a low rise building which will not impact scenic vistas. Surrounding development, both existing and planned, reflects the same low rise design. The project will reflect the high quality development which the General Plan encourages on Washington Street. No scenic landmarks occur at or near the site. I. d) The project will generate light from parking lot lighting. The City's dark sky ordinance will be applied to all lighting plans submitted for the proposed .project site. These requirements do not allow lighting to spill over to other properties, which will mitigate the potential impacts associated with the project. The potential impacts associated with light and glare are not expected to be significant. II. a)-c) The proposed project site is neither in a prime agricultural area, nor subject to Williamson Act contracts. III. a), c) The proposed project will result in the construction of 14,560 square feet of retail space, which will generate 1,284 trips at buildout' . Since the balance of the uses on the site are not identified, additional trips are likely, but cannot be calculated at this time. Based on the drugstore trip generation, the proposed project will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM 10 PM 10 PM 10 CO ROC NOx Exhaust Brakes Tires 50 mph 39.80 1.53 8.16 -- 0.17 0.17 Daily Threshold* 550 75 100 150 Based on 1,284 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, year 2005. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. 251 Trip Generation, 6th Edition, Institute of Transportation Engineers, for category 881, Pharmacy/Drugstore with Drive -Through Window. P:\Martin\SDP 02-753 Wa1green's\EA-Adden460.wpd 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. It is further unlikely that the additional buildings on the site, currently designated as Phase II, will generate sufficient trips to exceed standards. However, the future buildings will be subject to review under CEQA, and their potential effects will be analyzed at that time. The impacts to air quality relating to chemical pollution from the proposed project are not expected to be significant at this time. III. d) The construction.of the proposed project will generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM 10 (particulate matter of 10 microns or smaller). The proposed project would result in the disturbance of up to 4.03 acres of land, and the movement of about 555 cubic yards of dirt on the site. Cut and fill is expected to be balanced. This has the potential to generate 106.4 pounds per day in fugitive dust during the grading of the site. The Valley has recently adopted stricter measures for the control of PM 10. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated to a level less than significant 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. PAMartin\SDP 02-753 Wa1green's\EA-Adden460.wpd 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. Landscaping along Caleo Bay and on the northern boundary of the site shall be installed immediately following completion of precise grading on the site. g. The areas identified as Phase II on the site plan shall be landscaped and irrigated with either sod or hydroseed, or desert wildflower mix prior to issuance of a certificate of occupancy for the building. g. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall conform to the notification standards included in the 2002 SIP for PM10 in the Coachella Valley. III. e) The construction of the proposed project will not generate any objectionable odors. IV) a)-f) 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. The site has previously been graded, and is significantly impacted for potential as a biological habitat. The impacts to other biological resources are not expected to be significant. 253 P:\Martin\SDP 02-753 Wa1green's\EA-Adden460.wpd V. a)-d) 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 occur. 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)-iv) 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. The site is not in an area subject to liquefaction or landslides. VI. b) The site is located in a severe blowsand hazard area, and will therefore be subject to significant soil erosion from wind. The project proponent will be required to implement the mitigation measures listed under air quality, above, to guard against soil erosion due to wind. These mitigation measures will lower the potential impacts associated with wind erosion to a less than significant level. VI. c)-e) The soils on the site are not expansive, and will support the development proposed by the project proponent. The project proponent will be required to submit a site -specific geotechnical study at the time of building permit issuance to assure that all building techniques employed on the site result in safe structures. These standards will lower the potential impacts to a less than significant level. VIII. a), c),d) & e) The proposed project will be responsible for the drainage of on and off site flows. The City Engineer requires that all project retain the 100 year storm on - site. The proposed project will be required to conform to this standard, which is expected to lower. potential impacts to a less than significant level. P:\Martin\SDP 02-753 Wa1green's\EA-Adden460.wpd 254 76 VIII. b) The Coachella Valley Water District provides domestic water to the subject property. The retail development on the project site 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 to 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. IX. a)-c) The project site is currently vacant, and will be developed for its General Plan designation of Community Commercial. The project is consistent with the General Plan and Zoning designations for the project site. The project will not divide an existing community, or conflict with a land use plan or with a habitat or, natural community conservation plan. X.a) & b) The project site occurs outside the MRZ-2 Zone, and is not expected to contain resources. XI. a) The project site is located in an area of the City subject to high traffic noise levels. The project will develop as retail commercial development, which is not a sensitive receptor. The closest sensitive receptors are located to the east and south of the project site, in Lake La Quinta and Rancho La Quinta. The project site plan includes parkway landscaping and parking lot setbacks which will increase the separation between the commercial land use and the residential units. The project site will include a loading and delivery area on the north side of the site, and a drive -through window on the east side of the site. These uses have a potential to generate loud noises, particularly from truck traffic and loudspeakers at the drive -through. The most sensitive times for noise at sensitive receptors is the night-time hours, when ambient noise levels are low. Therefore, in order to mitigate the potential impacts to the sensitive receptors on the east and south, the following mitigation measure shall be implemented: 1, The delivery and drive -through hours on the project site shall be limited to 7 a.m. to 10 p.m. XI. c) The construction of the project will generate noise from construction equipment and activities. Existing homes occur to the east and south of the site. Homes are considered sensitive receptors to noise, and the construction at the site could have a short term negative impact. In order to reduce these potential impacts, the following mitigation measures shall be implemented: i 5c P:\Martin\SDP 02-753 Wa1gfeen's\fA-Adden460.wpd 7 7 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 northwestern quarter of the site, as far away from existing homes as possible. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. XI. d) & e) The project site is not within the vicinity of an airport or airstrip. XII. a)-c) The project site is currently vacant, and will result in the construction of commercial development. No impacts to population and housing are expected. XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will offset the costs of added police and fire services. The commercial development will be required to pay the state -mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, the project gr its components 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. XIV. a) & b) The construction of commercial development will not impact recreational services. The generation of property and sales tax, and the General Plan policies in place -to ensure that standards for parkland acquisition are followed by the City as development occurs, will mitigate potential impacts to these facilities to a less than significant level. XV. a) & b) The proposed project will generate 1,284 trips per day, and will generate additional trips when the Phase II components of the project are constructed. However, the proposed project is well within the type of use identified in the General Plan for the Community Commercial designation, and has been analyzed in terms of the impacts to traffic and circulation on Washington and Avenue 4 J s P:\Martin\SDP 02-753 Wa1green's\EA-Adden460.wpd The impacts to the circulation system are expected to be consistent with those identified in the General Plan EIR, and are not expected to be significant. . XV. c)-g) The project will not impact air patterns. The design of the site does not create any hazardous design features. The site plan includes parking requirements generally in conformance to the City's standards. The site plan provides for emergency access points. Alternative transportation in the form of bus stops will be implemented throughout the area based on General Plan policies and programs. XVI. a)-f) Utilities are available at the project site. The project developer will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. P:1Martin\SDP 02-753 Walgreen's\EA-Adden460.wpd 0 0 0 0 N M �O M O 0 N 00 N cd ti w b U d' N O N L H .. O z w z a Q a A U W A U� �A aU UU (L •1 b 0 U a o a a 0. V 0� as Hv� v� v1 V�Na bo bo O o 0 4.4 o 0 0 . U U U V� U IL)O �i33 v° U O O oo , U v 0 ° . ; ai o .� ° .� 0 0 0 a a as a asba a a A a w� d C a a O a�i a�i 04 o A V U U m U A m GQ m as �n N y O ... H O b �C yi vii cd 0-4 0° EEC cr �; • E, rA v> d 4, 9 c 0 a -d Cd "d V U Cd N O cad i > ;� CC t�. > • '� cd�., � id �O CZ.1.4 m a 4 4 r� a N O a t �v a 14 .W W d A A �A �A UV VV Cd 0 F a� 0 W U b •� U . a�i a�i a�i a�i co a rig .9 b co 0 0 0 •U .0 .b��0 � O U F O U U U t* bA A A A A A z� z a aO o A A A W a � W an .b � cn o a � O v� Cd 0 V 46 i cd tb 0-4 <0 En L7 '� Nrol W o ,H C O cd Cd •� ~ 0 cn CA CA CdCd 3 oA a 0 2� PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS TO ALLOW A SINGLE -STORY, ± 14,560 SQUARE FOOT DRUG AND RETAIL STORE ON A 4.03 ACRE SITE. CASE NO.: SITE DEVELOPMENT PERMIT 2002-753 APPLICANT: EVERGREEN DEVCO WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 281h day of January, 2003 hold a duly noticed Public Hearing to consider a request by Evergreen Devco for approval of a single -story, ± 14,560 square foot drug and retail store, generally located at the northeast corner of Washington Street and Avenue 48, more particularly described as follows: APN: 643-200-0011 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 2002-460), 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. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-460 was prepared for this project with a P:\Martin\SDP 02-753-Walgreens 8 `'. PLANNING COMMISSION RESOLUTION 2003- SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 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, the and flat roofs; the proposed building is adequately set back with architectural variations 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, screening o equipmenttrash 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: The landscaping plan for the proposed project, including but not limited to, the location, type, size, and coverage of plant materials, has been designed to provide visual relief, complement the building, screen the undesirable views and provide an overall unifying influence to enhance visual appearance of the project. The proposed landscaping is compatible with the surrounding area in that the variety of trees, shrubs and ground covers 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, it does hereby approve Site Development Permit 2002-753 for the reasons 2. That set forth in this Resolution, subject to the Conditions of Approval attached hereto; 261 P:\Martin\SDP 02-753-Walgreens 83 PLANNING COMMISSION RESOLUTION 2003- SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28' day of January, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\Martin\SDP 02-753-Walgreens 8 `1 PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2002-753 unless otherwise amended by the following conditions. The remainder of the site shall remain vacant until such time that other development proposals are submitted. At that time a separate permit(s) will be required for the development of the remainder of the site with approval by the Planning Commission and/or City Council. 2. All public agency letters received for this case are made part of the case file documents for plan checking processes. 3. This 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). 4. 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. 5. The hours of operation for the project, including the drive-thru, shall be between the hours of 7:00 a.m. and 10:00 p.m., seven days a week. 6. There shall be no storage or sales of alcohol on the premises. 7. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Riverside County 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) 6A CaliforniaWater Quality Control Board (CWQCB) • Waste Management of the Desert PAMartin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 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 p app licant plicant shall furnish proof of such approvals when submitting th improvement plans for City approval. 8. 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) . 21 Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 964 P:\Martin\SDP 02-753 Waigreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 PROPERTY RIGHTS 9. 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. 10. 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) Washington Street (Augmented major arterial, 132-foot right-of-way) additional 6 foot dedication measured from the property line to provide for a 132 feet of right-of-way. This dedication may be waived if a future General Plan Amendment is approved by the City Council. 2) Avenue 48 - None required. 3) Caleo Bay - None required. 1 1 . The applicant shall create perimeter landscaping setbacks along all, public right-of-ways as follows: A. Washington Street - Landscape setback have been dedicated. With the additional dedication required for street right-of-way, additional 6 foot dedication for landscape setback will also be required. This dedication may be waived if a future General Plan Amendment is approved by the City Council. B. Avenue 48 - None required. C. Caleo Bay - 10 feet from the street right-of-way The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 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, park lands, bus turn out, and common areas shown on the Site Development Permit. 8` P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 13. Direct vehicular access to Washington street, Avenue 48, and Caleo Bay from any portion of the site from frontage along Washington Street, Avenue 48, and Caleo Bay are restricted, except for those access points identified on the site plan for this project, or as otherwise conditioned in these conditions of approval. 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, ingress/egress, or other encroachments will occur. 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 -site 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. A. Striping Plan on Caleo Bay 1 " = 40' Horizontal B. Perimeter Landscape Plan on Caleo Bay 1 " = 20' Horizontal C. Site Development Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 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 for parking stalls and access to the building; and show the existing street improvements out to at Iefile center lines of adjacent existing streets. P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 17. 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. 18. 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 19. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 20. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 21. To obtain an approved grading permit, the applicant shall submit and. obtain approval of all of the following: A. A 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. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), 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. 26,7 s(I PAMartin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 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. 22. 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. 23. Grading within perimeter setback and parkway areas shall have undulating terrain and shall conform to LQMC 9.60.240(F). The maximum slope shall not exceed 4:1 anywhere in the landscape setback area, and shall not exceed 8:1 in the first 6 feet adjacent to the curb in the right of way. 24. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 25. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the approved site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 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. 26. 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 approved Site Plan, . the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 27. 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. 4. 68 90 P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 DRAINAGE 28. Stormwater shall be directed to the approved drainage system for Tract 24230/Tract 26152 (Lake La Quinta). Nuisance flows from the subject SDP 2002-753 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. 29. 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. The parking lot drainage may not be directed to the existing retention basin in the Washington Street parkway unless it can be demonstrated to the satisfaction of the City Engineer that the basin was sized to accommodate the run off from the developed property as well as the run off from Washington. Street. 30. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 31. 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. 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 33. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. erg P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd 1191 PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 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 for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. 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, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 37. 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. 38. General access points and turning movements of traffic are limited to the following: A. Primary Entry: (Washington Street) shared access located approximately 320 feet north of Avenue 48. This driveway shall be a shared access drive with the adjacent landowner to the north and shall be centered on the northerly property line to reduce access points and turning movements off of, and onto, Washington Street. This driveway shall have right in/right out turning movements only. 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 48) located approximately 330 feet east of Washington Street shall have right in/right out turning movements only. C. Additional Entry: (Caleo Bay) located approximately 220 feet north of Avenue 48, and approximately 110 feet south of the north property line. This driveway may have full right in/right out and left in/left out turning movements. 270 91 � P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 The applicant shall re -stripe portions of Caleo Bay to accommodate the two Way left turn lane at the driveway. Signing and striping plans which detail the two way left turn lane and centerline striping shall be submitted to the Engineering Department for approval. 39. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 30-foot uninterrupted driveway throats Into the parking lot. 40. The applicant CONSTRUCTION 41. 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. LANDSCAPING AND LIGHTING 42. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 43. The perimeter landscaping for the project shall be consistent with what is existing in the immediate area. 44. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 45. 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 EngineT7 1. P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 46. 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. 47. 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. 48. Parking lot lighting fixtures shall be shielded to reduce glare to the surrounding area. In no case shall lighting standards for the parking lot be taller than 22 feet. The parking lot lighting fixture shall be a shoe box type lighting fixture mounted on a four (4) inch square steel pole. 49. The applicant is required to provide loading/unloading berth in accordance with the Zoning Code. Such loading/unloading berth shall measure a 45 feet by 12 feet minimum. Striping shall be provided to clear mark the loading/unloading area. 50. The proposed drive-thru for the pharmacy shall be a minimum of twelve (12) feet wide. Proper striping is required to allow for safe vehicle circulation leaving the drive- thru area. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 52. The applicant shall employ, or retain, qualified engineers, surveyors, and such et 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. 53. 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. 54. 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 apdL WA P:\Martin\SDP 02-753 Walgreen's\PCSOP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 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 55. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 56. 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 57. 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. 58. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permits) . COACHELLA VALLEY WATER DISTRICT 59. The site shall be annexed to Improvement District Nos. 55 and 82 of the district for sanitation service. 60. Grading, landscaping and irrigation plans shall be submitted to the Coachella Valley Water District for review to ensure efficient water management techniques. 61. 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 62. Approved super fire hydrants shall be spaced every 330 feet and 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. 63. 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. P:\Martin\SOP 02-753 Walgreen's\PCSOP 02-753 COA.wpd 273 � � PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 64. Fire Department connections shall not be less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the street side of the buildings. 65. Based on a building square footage of ± 14,560 and the building having a fire sprinkler system, the required fire flow would be 1,625 gpm at 20 psi residual for a 3-hour duration. 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, fdc, 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 fully equipped with fire sprinklers (NFPA 13 Standard). Fire sprinkler plans shall be submitted to the Fire Department for review and approval prior to issuance of a building permit. 69. 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 an individual lot. 70. Fire Department street access shall come to within 150 feet of all portions of the 1 St floor of all buildings, by path of exterior travel. 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 stop signs. Streets shall be a minimum 20 feet wide with a height of 13'-6" clear and unobstructed. 72. Install a KNOX key box on the building. Contact the Fire Department for an application. 73. Install portable fire extinguishers as required by the California Fire Code. DESERT SANDS UNIFIED SCHOOL DISTRICT 74. The applicant will be required to pay a school mitigation fee at the time a building permit is issued. 27 4 P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-753 JANUARY 28, 2003 SIGNS 75. The applicant shall be submit a detailed Planned Sign Program for the site to be approved by the Planning Commission. MITIGATION MONITORING 76. The applicant shall comply with the Mitigation Monitoring Program in connection to the certified Mitigated Negative Declaration for the project. P:\Martin\SDP 02-753 Walgreen's\PCSDP 02-753 COA.wpd ` 7 ATTACHMENTS 27 ATTACHMENT #' FILE ATTACHMENT #2 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 4, 2002 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:02 a.m, by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt and David Thoms. It was moved and seconded by Committee Members Thoms/Bobbitt to excuse Committee Member Cunningham. Unanimously approved. C. Staff present: Planning Manager Oscar Orci, Associate Planner Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of November 6, 2002. There being no corrections, it was moved and seconded by Committee Members Thoms/Bobbitt to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permit 2002-753; a request of Evergreen Devco, Inc. for review of architecture and landscaping plans for a 14,560 square foot drug and retail store on a 4.03 acre site located at the northeast corner of Washington Street and Avenue 48. 1. Committee Member Thoms stated he does reside a distance further than 500 lineal feet from this project and believes he has no conflict of interest with the project. 2'7 G:\WPDOCS\ARLC\ 12-4-02.wpd 1 Architectural & Landscape Review Committee Minutes December 4, 2002 2. Associate Planner Martin Magana, introduced the applicants for the project. Mr. Reuben Garbett, Associate Project Manager for Evergreen Devco, Inc. gave a presentation on the project. He stated the first phase will be the Walgreens building with a , developer to build the remainder of the site. 3. Committee Members Thorns and Bobbitt agreed this design was an improvement over the other stores. 4. Committee Member Thoms asked the purpose of the pedestrian area at the corner of Avenue 48 and Washington Street. Mr. John Peruzzi, Peruzzi Architects, stated they are required to have the public access according to the Building Code, Title 24. Committee Member Thorns suggested it become something more than a path, but part of the landscaping. In connection with the monument sign, and a little imagination they could create something more than a path, but still serve as a path. Something art -like, or utilizing artwork in the setting. Mr. Tom Doczi, landscape architect, suggested a plaza. 5. Planning Manager Oscar Orci stated there may be some topographic changes as it does undulate at the corner. 6. Mr. Tim O'Neil, Senior Project Manager for Evergreen Devco, Inc. stated they understood the issue and would look into it. 7. Committee Member Bobbitt asked about the border where it calls for decomposed granit (DG) along Avenue 48. Mr. Doczi stated that a screen wall is adjacent to the DG. The wall will screen the parking lot. Committee Member Bobbitt asked the height of the wall. Mr. Doczi stated it was three feet. Committee Member Bobbitt asked if the plants would be on the wall, or in the DG. Mr. Doczi stated they would be planted along the wall to grow over the wall. 8. Committee Member Bobbitt asked about the size of the parking lot island shade trees; would it be possible to create a little more space for the base of the trees? Mr. Garbett stated the space is six feet. Committee Member Bobbitt stated the size is larger than what most developments create, but he would rather see them eight feet by eight feet. There may be a problem with the trees on the west side. Mr. Garbett stated they are designed to be six feet as well. 27.9 G:\WPD0CS\ARLC\12-4-02.wpd 2 Architectural & Landscape Review Committee Minutes December 4, 2002 9. Committee Member Bobbitt asked about the small flower beds around the parking spaces in front of the building which become more of a nuisance than an attractive feature due. to the pedestrian traffic. He suggested a smaller planting area be used with vines and that the area be paved to facilitate pedestrian access. 10. Committee Member Thorns agreed and suggested eliminating the plants in front of the cars and use small planting beds around the columns. The planting beds along the side that does not have parking should survive. Mr. Tim O'Neill asked what makes the determination as to whether or not to make the change as recommended by this Committee. Staff stated this Committee's recommendation is taken to the Planning Commission and changes would be made after that meeting. 11. Committee Member Bobbitt questioned the trees along the north property line. Mr. Garbet stated all the landscaping as proposed would remain and would be setbacks from the buildings themselves. 12. Committee Member Thoms suggested they use something other than lantana, like bougainvillea. 13. Committee Member Bobbitt asked if the City had any requirements regarding the undeveloped lots. They will be using soil stabilization, but it might be better if it were planted with grass. Planning Manager Oscar Orci stated the phasing of the project needs to be discussed with the applicant before this could be decided. 14. Committee Member Thorns noted the landscaping along Washington Street and Avenue 48 frontage is already planted with grass; how do you coordinate the existing with the new landscaping. Planning Manager Oscar Orci stated the developer will be conditioned to maintain the corner. Mr. Dorzi stated it will be separated out and the two will be constructed to function together. 15. There being no further discussion, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2002-043 recommending approval of Site Development Permit 2002-753 as amended: 280 G:\WPDOCS\ARLC\12-4-02.wpd 3 102 ATTACHMENT #19 WILLIAM H. IVEY FILE COPY 78665 DESCANSO LANE LA QUINTA, CALIFORNIA 92253 (760) 771 - 4 2 8 4 FAX (760) 771 -3565 January 21, 2003 President of Planning Commission And Planning Commission City of La Quinta P.O. box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Proposed Walgreens NEC of Washington Street & Avenue 48, La Quinta, CA Gentlemen: The residents of adjacent Rancho La Quinta are virtually unanimous in their opposition to the location of a Walgreens store on the above referenced proposed site. They feel that this use of the land is clearly incompatible with existing development in the area as well as future improvements planned for the surrounding area. Further, the site appears to be an inappropriate selection by Walgreens in light of demographic and other site selection criteria and alternate sites would seem to be more attractive. These conclusions are detailed in the attached document. They feel that a more appropriate use of the site, considering the surrounding residential neighborhood, would be professional office. S' cerely f III . Ivey Resident 291 � " WALGREENS NEC Washington Street and Avenue 48 La Quinta, California Summary: The residents of adjacent Rancho La Quinta are virtually unanimous in their opposition to the location of a Walgreens store on the proposed site. They feel that this use of the land is clearly incompatible with existing development in the area as well as future improvements planned for the surrounding area. Further, the site appears to be an inappropriate selection by Walgreens in light of demographic and other site selection criteria and alternate sites would seem to be more attractive. These conclusions are detailed below. Building Description Evergreen Devco of Arizona is proposing to build a 14,560 SF Retail Food and Drugstore on a 4- acre site situated at the NEC of Washington Street and Avenue 48 in the city of La Quinta, California. Walgreens will be located on the. corner ,1-acre parcel with the balanced of the site planned for professional medical office uses. Photographs of the typical Walgreens building elevations, signage and site improvements are enclosed. Site Description The subject site is situated at the NEC of the signalized intersection of Washington Street and Avenue 48. The, site is vacant, however all utilities are located on or adjacent to the property. The site plan shows right in and right out turning lanes only as both Washington Street and Avenue 48 are improved with medians. Area Description The subject site abuts Lake La Quinta on its eastern boundary at Caleo Bay Street and is immediately north of Rancho La Quinta Country Club on Avenue 48. The La Quinta Arts Festival is located west of the subject property across Washington Street. Laguna De La Paz and La Quinta Country Club are located southwest of the subject site along Washington Street. Located to the north of the site is vacant land, the Lake La Quinta Inn and the new Omri & Boni restaurant that is under construction at the NEC of Washington Street and Lake La Quinta. 28� 104 WALGREENS NEC Washington Street and Avenue 48 La Quinta, California Traffic Counts The average daily traffic counts according to the City of La Quinta are as follows: Washington Street, south of Highway 111 - 23,493 Washington Street, north of Highway 111 - 31,986 Highway 111, east of Washington Street - 25,116 Highway 111, west of Washington Street - 31,661 Avenue 48, east of Washington Street - 31409 Avenue 48, west of Washington Street - 4,605 Competition There are 10 food and drugstores that compete directly with Walgreens within an approximately 3-mile radius of the proposed site, 6 competitors within 1 %-miles and 3 within 1 mile. Should Walgreens locate at the subject site, they would become the 11'h food and drugstore in the 3-mile trade area. See competition map for details. Demographics The following 2002 demographic estimates were prepared by Clarhas Demographics for the intersection of Washington Street and Avenue 48, city of La Quinta, California: See Demographic Snapshot for details. Description Radius 1.0 Radius 2.0 Radius 3.0 Population 2,770 1405 411,559 Population By Age 60 + 40.85% 22.56% 19.27% Average HH Income $124,095 $852349 $76,283 HH Incomes $75,000 + 50.62% 34.27% 32.50% Housing Values $500,000 + 13.30% 7.81 & 5.45% 283 1 0 5 WALGREENS NEC Washington Street and Avenue 48 La Quinta, California About Walgreens Walgreens is primarily a convenience retail discount food and drugstore that features products such as baby care, beauty care, health care, personal care, vitamins and nutritional care, cameras and film, electronics & batteries, food & snacks, household and hardware goods and school and office supplies. They depend upon a drive-thru pharmacy for convenience and because their store space interior has limited square feet for this use. They emphasize their computerized workflow system, point of sale scanning, online drugstore web site, one -hour photo finishing service, freestanding stores with dirve-thru pharmacies and expanded convenience foods section for the on the way home customer. More than 470 new stores opened in fiscal 2002. Walgreens plans to open more than 450 new stores. They are the largest of the food and drugstores in the country with about $29.6 billion in annual sales. A typical store is 14,500 square feet with a sales area of 11,000 Square Feet. They offer 20,000 items for sale, employ 25-30 people with annual sales of $7.1 million. See their wed site at www.walgreens.com for further details. Argument against Walgreens locating at the subject site: • Walgreens is not a compatible land use. Walgreens is not compatible with the character of the surrounding residential land uses. The demographics do not support the use. Walgreens is a discount food and drugstore that will not be supported by the residences. Within the 1-mile trade area of the proposed site, there are only 2,770 people, many of whom are second homeowners. About half of them are over the age of 60 with average household incomes of $124,095. Approximately 13.30% of the residence home values range from $500,000 to well over $1,000,000 dollars, Food and Drugstore facilities have over -stored the trade area. There are 10 competitors within the 3-mile trade area to service a population of 41,559. Walgreens will become the 11 th. Residence already have an abundant of retail shopping choices within 1- mile of the subject site at Washington Street and Highway 111 and within 1-1/4 mile of Washington and Calle Tampico where one stop shopping provides all of their -food, drug, grocery, pharmacy and photo needs. 1_06 WALLGREENS NEC Washington Street and Avenue 48 La Quinta, California • The subject site is not conducive to retail uses due to poor ingress and egress off Washington Street and Avenue 48. The existing medians on both of these streets create a circulation problem for the site allowing for only right hand turns in and out of the property at two locations. Because of this situation, U-turns will become numerous on Washington Street causing traffic delays and increasing the chances of automobile accidents. Westerly traffic will back up on Avenue 48 to take advantage of Walgreens drive-thru window. • Accidents are likely to occur when returning home traffic exits the site at Caleo Bay Street making a left hand turn on to Avenue 48 east bound while east bound traffic on Avenue 48 from Washington Street is turning left into the site at Caleo Bay Street. This street will become further congested when the proposed Marriott Residence Inn is completed. • The proposed Walgreen's site is located on the wrong side of the street to capitalize on the going home traffic that would otherwise purchase convenient foods and drugs. • There are numerous environmental and building elevation concerns that residents have with locating a Walgreen's at the subject site. They include but are not limited to noise, security, lighting, safety, signage, truck deliveries, hours of operation, set backs, landscaping, screen walls, building heights, parking and circulation. • Walgreens would best serve their customers by locating a store on a corner location along the heavily traveled highway 111 retail corridor between Adams Street and Jefferson Street should they chose to enter this highly competitive and saturated food and drugstore market. 285 Pop -Facts: Demographic Snapshot Art a(s): ]tadius 1.0, Radius 2.0, Radius 3.0 1VVASHINGTON 5T AT AVENIUA aS LA QUINTA, t:'A 922,53 11--,-eparcd For: 11111 NY I.urgitude:-116.29.1900 I)ecrrilttiott Radius 1.0 Radius 2.0 Radius 3.0 Popillation ?0(17 l'rc�jcctictn 3,089 17,013 49,652 2002 1:Mi11;11e ?,770 14,065 41,559 2000 ('eimis 2,649 12,887 38,328 1990 Census 1,032 4,529 20,109 Growth 2002 - 2007 11.50% 20.96%, 19.47% ( i-ow1h 2000 - 2002 4.61"/a 9.14% 8.43% (ituwtlt I990 - 2000 156.66"0 194.53"li, 90.60% 2002 t�•a. Pupul;tt)ott uy Single Race Classification 2.770 14,065 41.559 White Alone 91.78% 90.65"X, 72.09% lllack or Alrican Americ;ut Alone 1.12% 1.3214, 1.92':0 Americtam Indian and Alaska N;tf vc Alutte 0.29% 0.61`:a 0.73'%u Asian Alone 1.73% 2.41`Y" 2.13% N,tlivc 11, and t7thcr (';tcifie (slander Akne 0.03'% U.U7';/" U.Oh'S0 Suutc 01her Race Alonc 3.344/0 1 1.77°/, i9.61% Two or Mure Itac.cs 1.73%, 3.14",u 3.43% 2002 FSt. 1'011u101liun Ilispanic or Latino by Ori6i11 2,770 14,065 41,559 Not Ilispanic or LatinO 92.39% 73. 19':4, 60.40%) l lispanic or Latino: 7.61% 26.81'Xn 39.60% Mexicrttt R4.99:11 85.96,114, 87.31% F'ucrlo !dealt 0:83% 0.921:0 0.59% Cuban 0 98% 0.4')'%, 0.28% All Other I lisp:lttic or Latino 13.19% 12.73%, 1 1.82% 2002 hat. Ilispanic or I.ati"O I,y Sittrlc Racc Class. 211 3,770 16,457 White Alone 47.79% 48.2410 43.720,„ 131aeh or African American Alone 0.00':0 0.29"1" U.44'% American Italian anti Alaska Native Mom 0.34 0.901,111, Asian Alone 1.71°%: 0.54% Nafive I L•t►v;tit:ut "I'd Other P;tcific I$I;tnCier Alone 0.00% 0.01';;, 0.06% ~(sine Othcr Race !hone 42.68'%n 43.7-5 49.32'Y, TWO (tr More Races 7 48`i„ 0.01%, 5.02%, 2002 Bt. Pop. Asian Alone Race by Category 48 ;I .0 884 I' tim Prc)area ou: Julwary 13. 2UO3 04:06:51 PNt page 1 or 9 f_-', k I l h .� 109 Pop -,acts: Demographic Snapshot Area(s): Radius 1.0, Radius 2.0, Radius 3.0 TXn 111-N(.i'-(-O ST AT AVFN11)A 48 LA QUINT'A, CA 9225; Prch;tred For: Bill Ivy Latitude: 33.699900 Lon giItide:-110.294000 1)cscriltliuu Radius 1.0 Radins 2.0 Radius 3.0 ('hint.:, CxCept Taiwancse 10.31IX) 16.01 15.461%, I' i l i hin0 54.01 % 30.67%) 31.901,10 laluu)csc Avi;ut Indian 6.46T4 12.14"v„ 12.34%) S.61'iu 1 1.7wx, 8.531l) VlCll):1n1CSC 1.50% 3. 7')".a 7.00"i) Cambodian 0.00% 0.031M, 0,31% 1 11t1C)I)r; 0.0011fa 0.001:1i, 0.0011/10 0.0()1ii, 01her Asian 3.65" u 4.82';/a 4.64 io Two or more Asian calegurics 1.5O"/„ 3.3811/-5, 2.39°i, 24102 EM. 1'upulatlon by Sex 2,770 14,065 41,559 Mille 49.20"1, 4 8.7 11i41 49.09%. female 50.8ou/, 51.2O114, 50.91 °/1, 2002 liat. 1'ul)olatiou by Age 2,770 14,065 41,559 Age 0 - 4 3.65'%n 7.70%4 8.06% A g v 5 _ 9 4.93''./o 5.1311/1, 8.63% Age 10 - M 3.471%, 7.16%, 7.99%) Aec 15 - 19 3.54"r6 .5.78%) 6.04'%, Age 25 - 34 5.23',i, Age 15 - 44 12.2611,1, 15. a2`%, 14.96%, A u ,15 - 54 14.66TO 1 ?.30"I'l) 11.65'%3 /\fir 55 - 59 1).75%, 6.US'No Age (15 - 7.1 15.83'%, 10,061Y, 8.5711ra A}:e 7i - 84 9.33'141 5.43':4, 4.945'o Age 85 and older 1.611%I LOS':b 1.03% Age I (► and ollll r IR6.486`S'" 75.7 :".4) 73.70t, Age 18 and Ala 84.99'1N) 73.0-1%) 70.94",X) Age 21 and older 63.70:b 70.46': 67.65'a, A w 65 altll older 29.79% 16.58'Yn 14.44"A 1;. 2I03 0-1:06;51 Pna pap 2 or 9 .,: 0n2 c huiIA5. 298 11" Pop -Facts: Demographic Snapshot ArCa(s): I adhis 1.0. Radius 2.0, Radius 3.0 VN_TlSI IING ON ST A AVIiNIDA 48 (.•utllide: 33.099900 ---- -- I.A OfJlKTA. CA 01153 LotivIll ttde: -1 16.294900 Prepared For: 13111 Ivy I)rsrripti�tu Radius 1.0 Radius 2.0 Radius 3.0 2002 Est. lkledian Age 55.32 39.13 35.68 2002 EA. Average Age• 50.26 38.80 36.4fi 2002 Est. Rlale i'upul:Iliou by Age 1,303 6,ti>0 20,403 Age 0 - 4 3.53'%) 7.9814 8.58% A ge 5 - c) 5.20'Yo S 60% 8.96% Are 10 - 111 4.510,46 7.65"/n 8.43% Ave 15 - 19 3.81% 7.1(i°s, Age 21) - 24 1.57°u 4.92t% Age 25 - 34 5.431,16 1 1.02'iu 12.901/, Age 35 - 41 11. W/4 15.O5"o I4.66%) Age 45 - 54 13.0.10/a I I.M4u 1 1.2R"/, Age 55 - 59 8.131:1i 5.14lo/„ 4.67`:;, Ave 00- 6.1 5.72 4.51"/. Age 05 - 74 2(1.05'%4� I (1.2=4';�� 8.49'' n Agr 75 - 81 10.991%, 5.71'X, 4.75"/u Age 85 and older I.(i 0.86'.'•i) 0.8I'A 2002 Esl. Mediate Age, I•flale 56.15 iS.23 34.34 2002 Est: Average Arc, Male 50.44 19.1 _ 35.54 ge 2002 Esl. I.elli. le Population by Ael 1,407 7.214 21,157 Agr 0 - 4 3.8Yla 7.4 Wo 7.55'!., Age S - 9 4.66';n 7.08"Xi 8.30".•lt Age 10 - 14 3.24`Yn (), 7.57% Age 15 - 19 3.27"/, 5.3 3",'ll 6.1304) ALac 20 - 24 0.90% 3.41°'I'l 4.85% A-,e 25 - 34 5.0.1"lo 1 LOT,,, 12.79:n Age 35 - 44 13.32O"� 15.761X. 15.?a;n Age 15 - 54 16.23 12. 74';5, 12.0M/u Age 55 - 59 11. 33"A 6.72':�� ii (;1i - (i i 1 1.2TV 6.25 Age 65 - 71 i 7.65'%. 9.991!% 8.06"Xi A rc 75 - 84 7.721:'v 5.15':0 4.93%, 2002 Ewl. (Median Aire, F01- le 54.72 39.95 36.94 �I'reltarul un. bowa y 13. 2UO3 0.1.00:5 1 11IVI parr 3 of 9 -- --- -- - a. ' 2002 l .1f itas. 111 Pop -Facts: Demographic Snapshot Area(s): R�idli s 1.0, Radius 2.0, [Radius 3.0 WASIIINOTC)N ST A,r A \ ENIDA 4$ 1.11i;11►ic.'— 33.699()00 LA QUIN•rA CA 92253 l.tmE,i;Ildc: - I I (1.2!)49Ol1 pr4parcd I'or: 13111 Ivy Description Radius 1.0 Radius 2.0 Radius 3.0 2002 Es(. Average Age. Female 50.09 31) ,,:� ---- 1 , , 37..,S 24102 Val. l'opulaliou Age I5+by 1•tarilal St)Ilus 2,424 10,831 31.305 Nble, Never Married 6.85%, 1U.7ti"i, 11.75% Female, Ncver ,Nl;)rricd 4.36% 7 96% 9.75% -halal Married 74.86",,, h�.2>';,, 61.20"No MAC, Previously Married 5.32"/, Female, Previously Married 3.62% 12.371Y.), 2002 Est. Pop. Age 25+ by Ednealional .111ainnient 2,292 9,521 216,S39 Less 111.111 9111 grade.. 5.1 I'Y, S. ; '};, R.30"� .0 Some IIigh School. 110 dihlonla 7.351%. 9 lid �:, 9.99"r„ I ligh SehCx)l CradintIe (tut GFD) 21.6t%% 2 2. 6 24.11 I Sank College, n0 dcl;rec 25.15% 24.32..... 25.80%) Associnie Degree 10.34% 7.07 ,h 7.851A Ciacliclor Depre 2 3.67"A 20.1 I'1, 17.47T" Gradmile or Professional Degree 6.701%, 7.451!,; 6.49"„ Iltlllsclloltls (X)7 Projcclion 1,424 1).273 17,278 2002 F&IIIn:llc 1,263 , i,21.'4 14,773 2000 Ce.nsu, 1,191) 4,8816 13,764 1990 C:cns)Is 452 I,S25 7.741 (ivowth 2002 - 2007 12.7R'iS) 1,9.71';„ ,,. 17.34%, (irowili 2000 - 2002 "` 5.37.0 T," KIT,"' 7.3 �l) (11'owil) 1991) - 2000 165.40% 167.61'X, '' 77.40% 2002 IN. Average Ilousehold Size 2.11) 2.66 2.81 2002 E.A. Iluuscholds by household Type 1.263 S.29.1 14,773 Fnitlily l lousc•holds 75.1 R`%) 75.5O'llo 7l 74 %) Noillirinily Ilou�choltls 24.82",„ 24.4Al 2S.26%, 2002 Val. Group Quarters 1'opulalioll p 1 29 200Z hsl. Households 1►), Ilouschold Income 1,203 5,284 14,773 Prclimctl rn: J:aiu:,ry 13. 2003 (1.101:51 Plvl I);)oc a ur 9 !. ,• ri 2002 (:larimti. 290 112 'J"op-.tarts: Demographic Snapshot Arca(s): Radius 1.0, Radius 2.0, Radius 3.0 wASI IINU MN ST AT AVENIDA 48 LA QUINTA, CA 1»253 Prel-1.11'cd For fill Ivy Lan`it11de:-116.29.1900 Description � Radius 1.11 Radius 2.0 Radius 3.0 � ll,c,,i ll, c:::. �hnll S 15.000 (�.(�s`;c► - _.-�_----I0.45;, -- - .._ --- l).ov'i, Income S 15,000 - S24.991) 9 32'Mo 1 1.45'/, t n� 9.7 �,.► Income; S25,000 - 534,999 3.29;S, 10 4 TY,, t 1.31% Income $15,000 - $49,999 6.60'%u 12.23(VU 72',I 14. r_.a 111C11111C S50,000 - $74.919 2a.10'!, 21.05'i,) 22.60'io Income $75,000 - S99.999 20.03IX, 13.67'Yu t tncome n 100,000 - S 1-19,999 12.30% 10.961k,l, Ills rime $t 50,000 - ti?49,999 11.35"A S.68';lf) 5.03`ii, Income $250,000 - S499.991) 4.370/4 2 59OV. 1.61'%► Income $500.000 and over 2.57% 1.37,X, 0.820,14 20112 F':sc .;%verage I louschold Income S114,095 S85,.+4O $76,283 2002 N.sl. median 11ouschold Income S75,940 $56,357 $55,634 2002 Est. Per (:apital Income S56,580 S32,129 527,36I 20u2 h:st. ilol somill rvpc, Prescuce of Own Children 1,263 5?x"I 14,773 sinl;it: Male I louselloldcl. 3.00"fr, 7.25':,, 7.47:0 tiillt�lc htnlalc tfrnl�choldrl' 12.63',,r, 12.21';4, 11.97"% Married -Couple Family, owil childi-en 13.9S',4, 26.761 27.6$'uu N4:11-1-rctl-Couple Family. no own Children 55.3 7.7(,1,%, 32.6R'%, I`'I i111 I louscholdcr, Own C1111drell 0.03'11i) 1.1) I "/n 7 - 1 N9111tr I louscholdcr, no owil children 0.65'1, "•1.6241/111 I;eIll:llc I Illll�l:Illllllll, own chil(Ifen 2. 1 51XI 5.3 6.i{,ln i, I'cnl:llc I Inttscholdcr, no own children I.6911-i, ?.Gti';S, 3.35',%, M,n(i1n1ily, Male Ilouscholder .51)'YO, Nt1n1;111111y, Female Ilouschuldcr I.691i111, 22l)'iu 2.36% 2002 Est. Households by liooschold Size 1,263 5,2ti4 19,771 1-Ix•I 011 household 20.63`-„ 19.45%, 9.44 ,,, "Zi ?-1x.r:`on household 58.341,'o a I.25%, 36.34';�, 3-lx l son bmischold 8.81 % 13.2 9 Ia.I ),,, 14.66% 5-pelson hotmellold 3.67'%, 7 26",11 R.31OX, household 0.49',4, 2.st)'S�, 3.60;S, 7 or morc person hou.schold 0.581.14, ,,; 2002 Est, I Iouseholds by Presence oi' Children 1,263 5,28-1 14,773 ' i'repared on: Jvuxy 13, 21003 u�) -1:06:51 Pna 1,:► c 5 (if r-�u.b'II - - ---------- - - _-._`r- i.` 29.1 Pop -Facts: Demographic Snapshot Area(s): Radius I.0, RadIIIS 2.0, Radius 3.0 WASI I1N(iTON ST AT AV.ENll)A 48 LA t,,)ll1NTA, CA 92253 Prepared For: 11•;I1 Ivy Description Radius 1.0 Radius 2.0 Radius 7,0 11ouseholds Will) Children I'mThan Aire 18: —� ---- — � — ---- _ N-iarried-Conhle Family 14.6711/4, 27.71 `1, � OII►cr Family, )\•laic liovschuldcr 0.83'rt, C))hcr Fill -lily, FC111;11C I louscholdcr 5.9(11}„ 7.64",4, NonCamily. Male I lousoholdcr 0 1 3°�► 0. 15',s, 0.) 8%, Nonf:unily. female Iluuscholdcr 0.021"11 0.05'11, 0.07°4, 'II(►u."cholds Wilh No Children Less Than Age (8: Manurird-C'oople h:uniiy 515.19°;, 36.80"„ 31.3Tj, Other family, Male I It-wuscholder 0.659,43 0.87',o 1.2I'!, 0111cr Family, I;cmalc I louscholder 1 5.5".,u 2.tk4 2.560K Nonfamily, Male I louschold r 10.37%, 1).? OIX, 10.7S'%, Nonl idly, Female Householder 14.29%, 1.4.45"•11 14.20'%, 2002 E.M. Ihmseliol(ls by Number of Vehicles I ''(,3 5,28,1 14,773 No Vehicles 1.62',` 5.2TX, 9 tt, I Vehicle 27.44'„ 2.95 , pp o! t, 2 Vehicles 57.32'%u .46.74%) 46.35%) 3 Vehicles 9.995; 1 1.97%1 13.06%, 4 Vehicles I.979,,, 1.62ni 5 ur more vehicle" t).h7"r� I) Sh'��, 1.56% Family Ilmischolds M07 Projection 1,052 4,000 12,697 2002 Fminu)tc 950 c c .i ,)) 3 11,042 2000 Census 908 3,71 3 10,355 1990 Censtis 349 1,323 5,457 Growth 2002 - 2007 10.80011, 16.80 14.98%, Crowill 2000 - 2002 4.63'le1 (110wIh 1990 - 2000 160.98,'%6 1 81). 7 1 89.77%) 2002 Est. Family IImischold► by Ilouselml(I Income 950 3,99" 11,042 Income Les, Ihmt $15,000 I .K5'1„ J.;O'!„ 4,98%„• , lncowe V 5,000 - S;24.999 (0.3S`:S, 11.5�'N. .99 ,,; 41 Income $2i,000 - S34,999 1.591X*: 10 12"•f„ ! I0,56 1►,t, income $35.000 - S49,999 6.S(1%, 12.3, I'1, o 111.31!, Income $50,000 - $74,9992. ll I'mi ;nd 13. 2003 t;•; ;c►:S 1 I'M G of 9 p:►Sc ---- --- -- - _ -_ -- — - '" 2002 Cc;,: ims. 294? 114 ['Pop -Facts: Demographic Snapshot .1rr:►(s): 1tndius 1.0, Radius 2.0, Radius 3.0 II••A r, IIw I/••ram,\ 11•r A-7- AI/, "A,I r,A Ai, --` r• n.a,.„w ► ♦n14 ► n I ' • v L.,.,,ir, -Io l,i111111 (e: 33.699900 LA OUIN7 A. CA 92753 Longitude. - 110.29,4900 Nrelmi-ed For: Bill Ivy 1)csrripli°n --- -Int:oIlte Radius 1.0 Rmlius 2.0 Radius 3.0 .ti+75,(I(1() - .%9r),999 19.51°/n 15.1_I1'i, 13., ! 2`q Iiicoinc S 1 00,01)0 - S I'i9.`)r)9 7 Income e .1 SO.000 - S249.999 12.7R` ;.6.67IX. Income S250,000 - .%499,999 Income i500,000 and over 3.29'i„ 1.73" i, 1.0.. 2 1, 2002 East. Average Family Ilouschold Income S133.U18 S93.444 SN4,360 2002 E'st. Median Family 11ousebold Incoulc $83,929 S;63,95,; S61,687 2002 Est. Families by 1►oveily Stalus 950 3,993 11,042 Income Abo%e Poverty Lcvcl: I�larricd-C'uuj�lc k1111ily, InIVA children 21.56% 23.591.141 30.27% N1.11'ricd-Coujlle 1=aniily, no own children 70.27'Y, 59.57%, o, 4G.53 !" M.-fle I louschoWer, w n children 0.77% 1.3 3'%, 1.83/!" Malt. I louselwldler, n,) own children 0.22% 1.191:u " z.4c, �, female I louscholdcr, own children I.691/1., 4.83"/„ G.84% FC11Mlc IIOUSC110NICr', no own children I.1i11% 2.7U"S1 3.701A Income Below 1'ovel-ty Level: n1,11,'10-C„Ithle hamily. Own childrenl 1. 2.861:4, Mar'ricd-Conine F.111 lv, ro own C1111 ren 0.59";, u.(, I'1„ I, tc)':,u Mille 1+1t1sc11o11IC1', ON\'n children (1,6(1%, I. l 2'%, l.Q3a, Male Iltulscho!dcr, no own chihircn 0.33IX, 0.4In,S, 0.29% Female 1 lonscholder, ctw•n children 1.5l;";11 2.591Y„ I, 2.IU/, Felmilc 11011scholder, no own children 0.03t1/4 t1.Ai'%, I.0011rb 21102 FA. Families by Number- of Workers ►)SU 3,993 11,042 No Workers 24.93"Nu 21J.92"/, 16.31'% I «'nikcr 35.05`XI 33. 31.0.11%" 2 Workeis 28.14%) 33.51;;, 41.x3"l" 3 or morc Workers 1 1.A7"4, 1I.72%, 10.82%, 2002 Est. 11timil_ Linn Age 164- l;v �i,,,..1.,.•..,nr.� I .r,. , .....,,...,r...,,. �,aiii� 10,051 30.655 Ili Armed forces 22.:' � "' 0.051%, Ovilimi - I;Inploved 48.2Y%, 54.021Y6 59.8o%, Civilian - (.Incmhloyed 1.51"/, 3.21'%) Not in i.;lbr,r I'r,rec 50.02"!b 42.33':t, 36.94"A h-cl►errti un: ittil ry 13, 200 3 (14:06:51 P.4 page 7 n[ 9 - _--- - - - .L.".�F; I!?1,S 0., 20(12 C'laries. 293 11 Pop -.Facts: Demographic Snapshot Area(s): Radius I.0, Radius 2.0, Radius 3.0 WASIIINGTON S'r AT AVENIDA 48 I.;lliti.ltfe-�33.(;999(x) LA QUINIT . CA 91-253 1-01Ir1tutie: - 116.21)4900 Prepared or: I1iiI1vy hrcrrit)lioii Radius 1.0 Radius 2.0 Radius 3.0 2002 Est. Fniployed Pop. Age 16+ by Occupalioll 1,161 1R,:it3 Managerial and 1'r0i'r•.ioaal Specialty • 32.33"�) „• 3U.40' , 28.85'%, Tedmical, Sales will Admims1ralivc Support 32.54% 35.091,14, 33.84% ScrviC;. 16.41'Yn t c „1 1 t.4).n I".11-ming. I'orr.'try and I' iAlIng 4.171%�0 �,�'�)"/,► 3.9�/► 3n Precision, f'rudilciiom. Craft and Repair 5.49" •f, ( l .2 i OIll'I':It�)I:ti, Fahi icalors and 1lhorers 9.05'%n .. 7.G2"�� MOE%.1. 1'.mph)),ed Pop. Me 16+ by Class of worl(el 1,161 5.75•4 18,333 For-Prnlil 11rivale Wage or Salary Workers 69.791y, 613.69'.,u Nol-For-►'rout Private. Wage or Salary Workcrs 1.710/o (;,ati"t, 6.795", Local Government Workers 9.39'l, 11.02 10.31 ,�� ,, State Gov nnlrnl WOIl<crs r 0.43°/, 2.64 r„ federal Government Woikers „- "; Self-Lin)htayed Worfccl' 12.3TX, 12.3 3"4, 11.4994 (.!nl,aid I-.an)ily NVorkcrs I.6Mlo 1.3811,t, 0.640X, 2002 Em. Workers Age W, Trnnsporlalion TO Work 1,157 5,007 I8,024 Drove Alwme 72 93"/, X4.67,141 82.84^X, ruwic'rrarsl)ottaiion 2.SS';'" 11.90'.'16 0.810f, Moiorcyc•lc OAVY., 0.10'114' 0.63% Bicycle U.00':4, 0.2 l).SG."� u OUIC1' mcims U.Of)'Yn 0.I911„ 0.40% Worked pit IIonic 3.91% .1.01'.'.•i, - -77�,• !/ir 2002 1';st. Workers Age 16+ by Travel'11me it) \York I,1 12 5,497 17,525 f xss than 1 i Minulcs , _t2.33% 3 1.94 34.7 1 ii, 15 - 21.) Minutes 49.49'%, 4 4.1 1 `:„ 43 81: u 30 - 44 t\linuics 16.1 )I4, 16.35 15.30"'1 60 or more Minwc, IA I ,,/i 4.3 ;'y„ 3. 65°/,, 2002 Fsl. A,%•rr.igiv 'I•rao-'cl 'l'in)e to Work in NU11111cs 19.10 ? 1.3(, 19.75 2002 Fen. T entire of Occupied I lousing Units l,?(„ 3 2 8:1 14,7 7 frcpaccdun: I:waaty 13, 2003 U1aIG.$ ! �;l fht I 8 of N N" 200? C'kn itas. 294 116 Pop -'Facts: Demographic Snapshot rea(s): Radius 1.0. Radius 2.0, Radius 3.0 WASIIINOTON ST AT AVENIDA 48 Latitude: 33.699900� LA QUIN A. CA 9225 l.wtoitucle: -1 I(•.2949)l)0 Prepul-ed For: Dili Ivy 1)��scripfion Radius 1.0 Radius 2.0 Radius 3.0 Owncl OCCttpicd 9 2. 01 o• ,-' Relifor Orcullied 7.990X, < <,; 20112 Est. Owner Occupied Ilousinb Values 3.151 8,351 Vnluc Less Ihan .S25,Ot1O 0.00"-u 0.07"„ 0. I3 Value 25,000 - $49,99W 0.001%, % Value 550,000 - $74,991) 0.9A'% 2.521;1 2.46% Value $75,000 - 599,999 2.7G"„ h.1 IN, 9.2tiii, Vt11ue S I (K),000 - S 149,999 9.36 "n 17.69'%, 31.05% Value S 150,000 - $199,999 13.60%, 16.59% „• Value 5200,000 - $299,999 32.37% 31.56°41 20.49'%, Value $300,000 - S399,999 17.3 No I L33%,, „r Value S400,000 - $499,999 10.41 U„ 6.13 % 4.13%, Value SSI)n,l W ur 11101-c 13.30'X, 1.8I'%, 5.45 4, 2002 Est. Median C)truer Occupied Iluusint; Value $272,289 $221,809 $167,107 20412 Evt. Musing Units by Units in Structure 2,397 7,817 19,491) 1 Unit Aimehed 35.509I4 29.05'A t 5.77'%, I Unit IMached 55.1WN, 11(1,59);4, 53.24`/o Units 0.64'%, 1.08':•I, 3 14) 19) l-1nits 4.1;51Yn 5.97(;;1 9.501% 21) let,19 Units 0.011,1 .n „ (1.aU /n l .h2% 50 ur A•lnrc Ilnits 0.00';�, ?.71'i`, � 4.28.,,. , . 1\ obde I Ionic Or Trailer �.47':� 13.10ii, 13.20%, t )1 her 1.44'%4 1.201/6 1. l 7%, 2002 F'sl. Iloesittt; Units by War Built 1,397 7.S17 19,499 lousing Unit Built 1989 to Itrescnl 61.-29'vi, (,1.92,y„ „ 47.K5/, Ilousing Utlit Buill 19R5 to 1998 9.48'ii, I I.-12"„ 14.65'%, I Iousing Unit Built 1990 to 1984 7.43%, 6.4TA „ 10.t17 /, I IoLl"llig U111t Biliit 1970 10 1979 12.97'Y, l 1 4 1IX, 14.62.(, I It usit1g Unit Built 1900 to 19697 6.50'Xi 6.139", 1).17%) lousing Unil Built 19150 t0 1959 1.OS`%, 1. ,�� l I) �„ �?.03 r„ ►,- Housing Unit Built 1940 to 1949 0.10"/c, 0.600Xr I lausiltg Unit Ilttlll 1939 a• Earlier 1.101:•4, 0.9641 0.75°,11 Pr f rcF:,rr,) u,ti: 1:;nuary 13. 2003 04:06:51 P?vI gage 9 0( 9 t 12002 Om .. 29PIP 117 i JI Ail ?DO WE NEED ANOTHER DRUG STORE IN OUR RADIUS OF TWO MILES.. 7WHAT IS THE SECOND PART OF THIS A PORN STORE?A HARLEY DAVIDSON MART... ?WHAT GUARENTEES DO WE HAVE AS TO THEIR BUSINESSES.. ?WILLTHIS BE A TWENTYFOUR STORE TO LIGHT UP A QUIET NEIGHBORHOOD.. ?WHAT HAPPENED TO THE IDEA OF A SUBDUED VILLAGE... ?HOW WOULD LIKE A THIRTY FOOT TOWER LPT UP TWENTYFOUR HOURS A DAY... ?WHAT HAPPENS TO THE TRAFFIC PATERN ON THAT CORNER DOES IT EXACERBATE THE PRESENT ACCIDENTS.... ?WHERE DOES EVERGREEN DEVELPOMENT COJWALGREENS COME FROM ARE THEY IN AND OUT OR GOOD FOR THE VALLEY.... SINCERELY.JACK SHELLEY. 78 565 DESCANSO LA QUINTA CA. 92253 2287 296 l awl C► �O�v^ N t C6 June Greek �M%�e`� From: Makinney, Bill [fmakinney@PillsburyWinthrop.com] Sent: Wednesday, January 22, 2003 8:32 AM To: June Greek Subject: Planning June, please forward on to the appropriate individuals and departments. Many thanks! Gentlepersons: I want to go on record vehemently opposing the proposed Walgreen's store at the northeast corner of Washington and 48th Avenue. We- somehow need to stop the proliferation of Walgreen's in our community, and in our state for that matter. We have a Walgreen's, Rite Aid and Savon in the 42nd and Washington vicinity. A Long's will be completed at 50th and Jefferson, and there are pharmacies available at the nearby Stater Brothers, Von's and Ralph's stores. Why another pharmacy? With the unbelievable congestion on the stretch of Washington, please do what you can to preserve some of the natural beauty that is inherent to desert living. Don't turn those blocks of Washington into another Highway 111. Thank you, Bill Makinney -----Original Message ----- From: June greek [mailto:jgreek@la-quinta.org] Sent: Thursday, May 10, 2001 4:19 PM To: fmakinney@PillsburyWinthrop.com Subject: Re: Speed Limits Mr. Makinney, I am forwarding copies of your letter to the Mayor and members of the City Council as well as our Engineering Department. Please feel free to call me at 777-7002 if I can provide any further assistance. June Greek, City Clerk >>> "Makinney, Frederick W., IV" <fmakinney@PillsburyWinthrop.com> 05/10 >>> 12 : 4 0 PM >>> City of La Quinta: As a part-time resident of La Quinta for more than a year now I am wondering what considerations are being given to reducing the speed limits on Washington Street and on 48th Avenue. With the continued growth of both residential communites and commercial endeavors in La Quinta it is now time for speed limit to come down. I propose that the city embark upon a feasibility study to determine what the proper course of action should be. La Quinta is no longer a remote country retreat, and unfortunately we all have to deal with that reality. The courtesy of a reply would be 297 appreciated. ATTACHMENT #4 Planning Commission Minutes January 28, 2003 VI. PUBLIC HEARINGS: None A. Environmental Assessment 2002-460 and Site Development Permit 2002-753; a request of Evergreen Devco, Inc./Eisenhower Medical Center for certification of a Mitigated Negative Declaration of environmental impact and review of development plans for a 14,560 square foot drug and retail store on a 4.03 acre site located at the northeast corner of Avenue 48 and Washington Street. 1. Vice Chairman Tyler 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. Vice Chairman Tyler asked if there were any questions of staff. Commissioner Kirk assumed traffic would be an issue and asked staff to comment on whether or not the traffic would be a significant impact. Assistant City Engineer Steve Speer stated it would not. At the time the General Plan was updated the traffic analysis anticipated what the traffic load would be for all the streets in La Quinta at a buildout scenario. They load the anticipated traffic onto the streets to know what size the streets should be. Then when proposals such as this come before the City there is only a need to ask for additional right of way. This project is within what the General Plan anticipated for these streets. Commissioner Kirk asked about the previous design submitted by Walgreens at Avenue 50 and Washington Street and why it was denied for that location. Staff noted the additional applications and requirements that were required for approval at the prior site. Commissioner Kirk asked if this project was consistent with the zoning designations of Community Commercial. Staff stated it is. 3. Commissioner Abels stated he thought the architectural design was different. Staff noted it was. 4. Vice Chairman Tyler asked staff to indicate the location of the 150 foot Image Corridor setback from Washington Street would be and reaffirmed the height limit at this location was 22 feet and asked what the height limit would be beyond that. Staff indicated the location on the map and confirmed the height limit was 22 feet within the setback and beyond that they could go up to 40 feet. The proposed building and tower were within the height limits. 298 G:\WPDOCS\PC Minutes\1-28-03.wpd 2 4 Planning Commission Minutes January 28, 2003 5. There being no further questions of staff, Vice Chairman Tyler asked if the applicant would like to address the Commission. Mr. Tim O'Neil, Evergreen Devco, Inc., the applicant, gave a presentation on the project and noted the upgrades they had made to the project site and the building itself. He further noted this site will not make application for a liquor license and the store hours will be 8:00 a.m. to 10:00 p.m. and the lighting plan would be consistent with the store hours. They have eliminated their typical neon sign on the tower and designed a four-sided architectural building. 6. Vice Chairman Tyler asked if there were any conditions they wanted to address. Mr. O'Neil stated Condition #40, and #50. On Condition #40 needs clarification as the sentence is unfinished. The second Condition is #50 requiring the proposed drive through for the pharmacy shall be a minimum of 12 feet wide with proper striping. They agree with the proper striping, but typically work with a nine and ten foot drive through lane with an island that separates the two lanes that is three foot wide. They would request to keep the nine and ten foot lanes. Vice Chairman Tyler asked how this compares with the store at Washington Street and Avenue 42 in Bermuda Dunes. Mr. O'Neil stated it should be a prototype or criteria store, which would have the nine foot on the internal lane, a three foot island, and then a ten foot lane. 7. Ms. Emily Hemphill, attorney for the applicant, stated there were two other conditions of concern that she would address. First Condition #10 which relates to the dedication along Washington and Condition #1 1 which is for the dedication of the landscape strip along Washington. They have found that their property is not contiguous to Washington Street. There is a landscape strip along Washington that is owned by the La Quinta Commercial Owners Association. The property owners association that maintains the common area for all the commercial development. So a dedication on their property in the absence of this, will not give the City what they are wanting. They would like to suggest they condition their dedication for the ultimate width of Washington Street such that it does not have to occur until that strip is acquired. The second issue is Condition #38, the joint access. Under this condition her client is being required to provide half of the driveway access onto Washington Street with the remainder being provided by the property owner to the north. Their concern is financing and timing. They have not been given an indication that this property 293 1?1 G:\WPDOCS\PC Minutes\1-28-03.wpd 3 Planning Commission Minutes January 28, 2003 owner is ready to proceed with his development and because it is unknown when they will begin their process, they would like to suggest an alternate condition: "In the event the adjacent property owner to the north refuses to grant the required easements for the shared access, they be permitted to put the full width of the Washington Street access on their property and then if the property to the north is later developed, and requires the access, they can provide an easement with both properties sharing the access maintenance costs." 8. Vice Chairman Tyler asked if there was a similar condition for the Marriott project. Community Development Director Jerry Herman stated yes, but it is based on timing. Ms. Hemphill stated their only concern is that should they not develop their property, they not be left with half a driveway. 9. Vice Chairman Tyler asked if there was any other public comment. Mr. Bob Lowry, 48-265 Paso Tiempo Lane, representing the Master Board of Directors for Rancho La Quinta, stated the majority of their members are against locating a Walgreens drug store at this site. They are proud of Rancho La Quinta and La Quinta. A drug store with bright lights on tall poles with a sign 13 feet above the street does not belong across the street from this development. It belongs in a retail corridor. 10. Mr. Bill Ivey, 78-665 Descanso Lane, stated he has been in the Valley for 50 years and chose their home in Rancho La Quinta because they love this area. Their home is about six houses from the corner of this site. It was their understanding that this site was to be an office building and now it is being proposed as a drug store. They do not want it as they know it will devalue their property over time and their lifestyle. Retail uses always bring excessive lighting, traffic, etc. and many are impossible to mitigate. The demographics will not support the use at this location. They commend the developer for their efforts to upgrade their design, but still respectively request the Planning Commission deny the project. 11. Mr. Rob Dawson, 79-770 Rancho La Quinta Drive, stated he is a member of the safety committee for Rancho La Quinta and they believe this proposal represents some safety concerns such as 3 n o G:\WPDOCS\PC Minutes\1-28-03.wpd 4 1 �q 4W k.. Planning Commission Minutes January 28, 2003 poor ingress and egress onto the site. Both medians create a circulation problem with right -in, right -out, and u-turns will increase accidents. They ask that this proposal be denied. 12. Mr. Chuck Sullivan, 40-610 Vista Estrella, stated he has a lot of concerns about this site for this project. Avenue 48 represents the front door to Rancho La Quinta. A food and drug store at this location is wrong. There needs to be a transition between the heavy commercial at Highway 1 1 1 and the residential uses to the south. The problems he sees are lighting, traffic, noise, and the collateral damage you get with a retail application of any kind. Some of these can be mitigated and some cannot. He believes a more professional office building with tenants that arrive in the morning and leave in the afternoon is a more sensitive use of this site. He believes they will be entering a very angry customer base. 13. Mr. Frank Christopher, 48-485 Vista Calico Drive, stated his background has been in residential development and he agrees with what has been stated so far, which is that the retail use is not consistent with the residential uses in the vicinity. He requests the project be denied. 14. Mr. Bob Friedricks, 48-105 Via Solana, stated that from his residence he will visually be able to view this development and he strongly objects to this project. 15. Ms. Sally Jo Baggs, 78-705 Descanso Lane, stated her residence is right across from this development and this has always been a quiet area. She likes the design and appreciates their efforts, but still believes it does not belong in this area. 16. Ms. Emily Hemphill, attorney for the applicant, stated most of the concerns raised by the neighbors have been regarding the land use compatibility and she would like to point out a few things regarding that. First of all, this property is currently designated as Community Commercial on the General Plan. This General Plan went through considerable study by staff, Planning Commission, and the City Council and it was approved only ten months ago. That Community Commercial designation permits the sale of general merchandise, hardware and building materials, food, drug - G:\WPDOCS\PC Minutes\1 - 28 03.w pd $ 301 t93 Planning Commission Minutes January 28, 2003 and sundry, person services and similar goods and services to meet the needs of a multi -neighborhood area. Prior to this zoning it was zoned Regional Commercial. This property has been designated as Commercial since 1990 when the Lake La Quinta tract map was recorded on February 28, 1990. To say it is inappropriate for commercial property runs directly counter to the planning process that this Commission went through for the General Plan update. To suggest that we do not like Walgreens, or we feel it is a discount issue, and therefore need to change the land use and ignore the planning process does violation to the planning process in the City of La Quinta. They have conformed in every way with the land use requirements for a commercial development in this area. The traffic conditions, as indicated by staff, have already been fulfilled. With respect to marketing, Walgreens has studied the area and believes it is appropriate from a market standpoint. She submitted a letter from Walgreens regarding their marketing analysis. The Planning Commission's purpose is land use issues and in this case, land use is appropriate and in an agreement with the City's General Plan. 17. Mr. Jerry Sheldon, 48-015 Casita Drive, stated he runs a competing pharmacy chain and does not think this is a good use of the land and urges the Planning Commission to reject the application. There are only 41,559 people in a radius of three mines and there are ten competitors. That averages to only 4,000 people per store, which is a disaster. The population over 60 is only 19%, which alone is not a good indication as they are the largest purchaser of drugs. The other issue is that drug stores are a magnet for crimes and asked if there were any other development options. 18. Mr. Sam Spinello, 75-600 Mary Lane, Indian Wells, stated he is a local real estate broker for commercial developments. He was asked to speak on how a drug store could work with the office buildings proposed on the remainder of the site. His experience in projects like this is extensive and named the other sites he has worked with. The remainder of the site is being marketed and receiving favorable response due to the Walgreens. In regard to property values, there seems to be an increase in property values when there are good schools and good quality neighborhood retail in close proximity. 302 G:\WPDOCS\PC Minutes\1-28-03.wpd 6 12 4 Planning Commission Minutes January 28, 2003 19. Mr. Tim O'Niel, Evergreen Devco, stated that at this site they have exceeded the City's Code. The lighting is within the Dark Sky Ordinance and have expressed a willingness to work with staff to amend that lighting program if staff deems it appropriate. Second is traffic. There is room for improvement on the circulation of the site and they believe the improvement should be on Caleo Bay. Staff has advised them there is a proposal to add a left turn lane departing Caleo Bay. They have agreed to participate in the striping of that program at their cost to meet staff's requirements. The issue of the market place and whether or not there is room for another store, in the last ten years they have opened 3100 store; two of which have closed due to sales problems. That is better than 99.9% success which is greater than any other company. Walgreens is 101 years old and has been named the most respected food and drug retailer in the Fortune 100, seven of the last ten years. This is not a case of taking a poor business and dressing it up with aesthetics to meet a higher end neighborhood. They are taking a business that typically locates on higher traffic areas and bringing it up to Code with aesthetics to meet the neighborhood. The quality and the credibility and the credit worthiness is there. Regarding the marketplace, they look to a 1-2 mile radius and focus on a neighborhood orientation. Based on their experience, the cluster of retail that exists on Washington is in a distinct trade market. The competing businesses at the highway are high traffic businesses they continually hear complaints about; circulation, safety, sanitation, site plan, quality. People who do not like to go to the highway and navigate the highway have a clean, safe option, that is obviously a higher end design than they can find at the highway. This is the strategy behind this project. He continued to list other examples of the market place. They appreciate the comments from the neighbors, even those in opposition. 20. Mr. Grady Sparks, Rancho La Quinta developer, stated he reviewed some of the projects that have been proposed along Avenue 48. He asked if Caleo Bay was a public street. Assistant City Engineer Steve Speer stated yes. Mr. Sparks stated it appears to him that especially at night the lights along Avenue 48 will shine into the homes. With all the traffic on Washington Street now, this will create additional problems for people trying to get out onto Washington Street and Avenue 48. He asked if the entrance to Walgreens on Avenue 48 could be deleted and us6ri 3 G:\WPDOCS\PC Minutes\ 1 -28-03. wpd 7 125 Planning Commission Minutes January 28, 2003 the entrance off Caleo Bay. It appears to him that another traffic signal will be needed and maybe some type of a frontage road to get the traffic up to a light to get them out onto Washington Street. His other concerns are lighting and he would like the lighting to be very restrictive. He does not see where the trash will be picked up nor what is proposed for the other sites on the site plan. 21. Mr. Jack Fleck 48-425 Via Salona, stated all the comments so far are valid issues. Traffic, lighting, general litter, noise, are all issues that this project will bring. He knows their operation is successful, but they are the residents that have to live with this development in their community. He does not see the need for another drug store in this location. 22. Mr. Tom Gorney, 49-893 Via Catalina, stated he has no objection to Walgreens, but to put this store, as nice as it is, next to a high end residential, is not appropriate. Make the transition reasonable. He would like to see the City rank itself with Indian Wells and Rancho Mirage, not Cathedral City and Desert Hot Springs. 23. Ms. Grace Ellen Goodman, 78-885 Rio Seco, stated that as a woman she looks at safety when she purchased her home. This development will cause them more traffic and safety issue. They moved into their area to have a lovely, safe environment and this will not give them the safety they bought for. 24. Mr. Sean O'Brien, 78-955 Descanso Lane, stated the reason he moved here was to get away from this type of development. Their studies were based on economics and not what was best for the community. In court, a judge would not rule on a project like this until he would see the entire picture. He would state that it was too early to rule on an issue until they see the entire picture. At this time, we have no idea what will be happening on the remainder of the site. He asks that any decision be held off until a complete picture of the site is presented. 25. Mr. John Peruzzi, architect for the project, stated he cannot address all the issues raised, but would address the statement that Walgreens is an eyesore and is not studying the needs of the local community. He would like to disagree. They have worked very hard to make this a very special Walgreens to make it a pride of 304 G:\WPDOCS\PC Minutes\1-28-03.wpd 8 12 Planning Commission Minutes January 28, 2003 ownership for the neighborhood. They have deleted signs to be sensitive, created arcades, low level lighting, landscape buffers and many other amenities to make this an upscale project. 26. Ms. Betty Shelley, 78-565 Descanso Lane, stated her house is right across the street from the proposed site. She got the idea from Walgreens that they do not want to be where they are not wanted and she hopes they get the message they do not want them to be here. 27. There being no other public participation, Vice Chairman Tyler closed the public participation portion and opened the matter up for Commission discussion. 28. Commissioner Abels commended the applicant on their presentation and design. He wonders if people realize the obligation the Planning Commission is under when an applicant meets all the City requirements. This is a good project. It is not a purview of the Commission to say whether or not this is a good place for a Walgreens. 29. Commissioner Kirk asked staff if the applicant did any view shed analysis from adjoining properties. Associate Planner Martin Magana stated they did. Mr. Garbett reviewed the viewshed plans. Commissioner Kirk asked if the lighting with 22 foot poles, meets City Code. Associate Planner Martin Magana stated the Code allows the lighting poles to be the maximum height established by the zone in which the building is located or 18 feet, whichever is greater. Commissioner Kirk asked if bollards could be used instead. Staff stated the Lighting Ordinance is currently under review, so the current Code requirements would be applicable in this instance. The use of bollards would be more of a question for the applicant. Commissioner Kirk asked where staff was on review of the Lighting Ordinance. Community Development Director Jerry Herman stated public hearings will be conducted in February and March on those proposed changes to the Lighting Ordinance. Commissioner Kirk asked if bollard lighting can meet the Dark Sky Ordinance and safety issues. Community Development Director stated bollard lighting is permitted, yes. It would be a question of the applicant as to whether or not bollard lighting provides enough light for their safety concerns. City Attorney Kathy Jenson stated the issue of lighting in regard to the La Quinta Arts Foundation site is that bollard lighting could not G:\WPDOCS\PC Minutes\1-28-03.wpd 9 305 Planning Commission Minutes January 28, 2003 meet the City's standards. Therefore, a specific plan amendment was used to deviate from the regular standards by combining bollard lighting and reducing the height of the lighting to reach a compromise. Community Development Director stated the consultant hired to review the lighting standards has stated the higher the better for the lighting standards. Commissioner Kirk asked if lower lighting in the parking lot on Avenue 48 could be a proposition the applicant would consider. He commented on how sophisticated the comments have been from those speaking and they did address their issues. It is known that Rancho La Quinta is a high quality development, but at the same time the residents have to understand that when land use is not an issue, the Commission has to be sensitive to an applicant's request. In regard to this not being a market for Walgreens, this is not a purview for the Commission. The prior application submitted by Walgreens was a good project, but in a wrong location. In this location it is a good project, and maybe it should have been considered when the General Plan was being considered. The Commission should make this retail development more acceptable to the community. The Commission does have an opportunity to address lighting, traffic, and circulation. This development could be conditioned in regard to what would be allowed on the remainder of the site. He supports the project if these issues can be addressed. 30. Commissioner Robbins stated he agrees with what has been stated. Demographics are not within the Commission's purview. One of the concerns raised was safety with too many right -in and right -outs. These are done by design for safety. The project is zoned for the use and he does not believe they have the right to decide what can be developed on the remainder of the site. 31. Vice Chairman Tyler asked if this goes to the City Council. Staff stated the Commission's action is final unless it is appealed, or called up by the Council. 32. Commissioner Robbins asked if the community can appeal the application. Staff stated yes. 33. Vice Chairman Tyler stated he does have a concern about the 22 foot light poles. It seems the Arnold Palmer restaurant was reduced to 18 feet. He would like to suggest they be reduced to 18 feet on the entire site. They can use low level bollards to augment them. Another concern he has is what will be developyo OCS\PC Minutes\1-28-03.wpd 10 Planning Commission Minutes January 28, 2003 on the remainder of the site. The staff report indicates the other buildings could be medical uses; can the Commission limit what can be allowed to ensure they are compatible with what is already built. City Attorney Kathy Jenson, stated if the Commission had a concern that the project would not be compatible with the surrounding neighborhood, if it was consolidated with other retail uses, the Commission could request the developer and/or property owner to consent to as a condition of approval. A finding must be made that the architecture, site design, and use is compatible and therefore they could request the owner and applicant to consent to this limitation. Vice Chairman Tyler stated a condition does need to be added requiring stabilizing of the ground until something is built on the remainder of the site. Also, a condition should be added requiring all deliveries be made during the hours of operation. The same for the trash pick up. He would like to ask the applicant if any comments were received from Lake La Quinta. Community Development Director Jerry Herman informed the Commission that the Environmental Assessment mitigation measures requires the, vacant land to be seeded and deliveries are limited to 7 a.m. and 10:00 p.m. Trash is controlled by the construction hours for pick-up. 34. Mr. O'Niel stated that any uses on the remainder of the site will come before the Commission as a matter of planning procedures. They will state there will be no other pharmacy or pharmacy use on the site based on the CC&R's for the site. City Attorney Kathy Jenson stated generally staff does not look at the substance of the CC&R's unless there are special conditions that need to be included. Staff reviews them only to see that no uses are being allowed that are not allowed by the City. The applicant has stated they will have an anti -competitive clause provision allowing them to not sell any land to a competitor. Mr. O'Neil stated the CC&R's are very restrictive in regard to the uses that are allowed. Evergreen Devco has entitlements on the entire site and their CC&R's will not allow any other pharmacies or nuisance use on the site. In regard to lighting, lowering the light standards does not improve the lighting program. To lower the light standards requires either a brighter bulb, or more lights. Their plan is to the City's Code which is one to two foot candles and lower the lighting plan that is evenly distributed that does not have brighter bulbs. The goal is to have lights shielded onto the property, G:\WPDOCS\PC Minutes\1-28-03.wpd 11 3 V Planning Commission Minutes January 28, 2003 evenly distributed, at very low foot candles. All lights are out by 10:00 p.m., except for what is required for public safety. Community Development Director stated the proposed lighting standards being brought to the Commission at a later date will have a curfew requirement for exterior lights. This applicant is complying with what staff will be proposing with the new lighting standards. 35. Commissioner Kirk asked if the hours of operation could be reduced due to this location. 36. Commissioner Abels stated he did not believe this was within the Commission's purview. 37. Vice Chairman stated they have already conceded to not opening till 8:00 a.m. 38. Commissioner Kirk stated that if the other Commissioner Members do not consider it an issue he would relinquish the idea. 39. There being no discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Resolution 2003-003, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Vice Chairman Tyler, NOES: None. ABSENT: Chairman Butler. ABSTAIN: None. 40. It was moved and seconded by Commissioners Kirk/Robbins to adopt Resolution 2003-004 approving Site Development Permit 2002-753, subject to the conditions as amended. A. Staff work with applicant to design the lighting with 16-18 foot high light standards; B. Conditions #10: applicant shall dedicate or acquire a six foot strip of land from the landscape lot adjacent to the existing right of way at their expense or request the Council acquire it by condemnation. C. Condition #1 1: applicant shall provide a 20 foot landscape setback from the edge of the new right of way. G:\WPDOCS\PC Minutes\1-28-03.wpd 12 130 Planning Commission Minutes January 28, 2003 D. Add Condition: a provision added to the CC&R that no other pharmacies, or related uses, would be allowed on the site. E. Condition #38: Discretion is given to the City Engineer on how the shared drive is implemented. F. Condition #40: eliminated. G. Condition #50: the drive through lane shall be 9 feet wide with a 3 foot island and ten foot wide lane. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Vice Chairman Tyler, NOES: None. ABSENT: Chairman Butler. ABSTAIN: None. Vice Chairman Tyler recessed the meeting at 8:50 p.m. and reconvened at 9:00 p.m. VII. BUSINESS ITEMS: A. Sign Application 2003-679, a request of Censource/Von's Supermarket for consideration of a sign program amendment to replace two monument signs and the elimination of one oval sign in the Von's Shopping Center located at the southwest corner of Washington Street and Highway 1 1 1 (78-483 Highway 1 1 1). 1. Vice Chairman Tyler asked for the staff report, a copy of which is on file in the Community Development Department. 2. Vice Chairman Tyler asked if there were any questions of staff. Commissioner Robbins asked why there was a minimum letter size. Staff stated it was limited by the Code. 3. Vice Chairman Tyler asked what part of the sign on Washington street was being removed. Staff stated the entire sign. The Code allows one monument sign per street frontage. Vice Chairman Tyler stated he would prefer to keep the Plaza La Quinta sign. In regard to the letter size, what latitude does the Commission have. Community Development Director Jerry Herman stated the Commission has the latitude to approve what has been submitted and what will remain. Vice Chairman Tyler stated the distance they are proposing to move sign back, should be clarified. Community Development Director Jerry Herman stated the verbiage could be clarified to state it will be moved to the back of the inside of the curb line. G:\WPDOCS\PC Minutes\1-28-03.wpd 13 4 {eb-21-03 12:10pm From-SELZMEAMHEMPHILL & SLASDEL,LLP +7s0-320-9507 ATTACHMENT #5 sELZER, E.AL Y, HEMPHILLt & BI ASD A A AUTK& 1AiMLJTY e4RrA'EFSILC ATTORNEYS AT LA W Y-{ ft T. SItLLl-.R w CURT EAGY EAlkY PERFI HEMPHLU pr_-LME C. BLASnri. February 21, 2003 Mayor and Members of the City Council City of La Quinta 78495 Calle Tampico La Quinta. CA 922 5 3 777 E. TAHQUlr"L CApti'110 IVAY, SUITE 323 P.4L2! SFl.1avCS. C.�LII'em IA 92:G2 Tr SPHO:VL 746-320-S177 1•:4,CSJtVJLE 746-330-9507 RE: Appeal of Planning Colission Resolution 2003, EA 2002-460, and Site Development Permit 2002-753 Deter Mayor and Councilmembers: This office represents Evergreen Deveo ("Evergreen"), the applicant on the above referenced entitlements (tile "Project"). The purpose of this letter is to provide a formal response to the issues raised in the appeal filed by the Rancho La Quinta liomeowners Association ("Appellant"). Pro ricty of the FUse. Much of the Appellant's argument centers on the idea that the proposed use is "the wrong Lase in the wrong location". Appellant draws this conclusion based upon. Planning Commission comments to a previous application for a different Walgreens site at 50t'' and Washington. :1 low the Appellant reaches the conclusion that such a co=nent about one location applies equally to every location in La (�uinta is not explained. ghat the Appellant fails to explain in that the previously dewed site was zoned Office/Commercial. To build the proposed project on that site, therefore, required a change in zone. Although the Planning Coi-amissioners wliformly praised the design of the project calling it "the best designed Walgreens", they were unwilling to change zoning that had existed on the property for several years. The eonvnent made by one Planning Commissioner was that "When the underlying General Plan and zoning says this should be office and that is the expectation of those surrounding people, the City should be careful about changing the zoning_' [Planning Commission Minutes, March 27, 2001.1 Appellant claims that a precedent was set by the Planning Commission's denial of the previous site. A true reading of the Planning; Commission minutes indicate that if any such precedent was set; it was that the proposed Project was an excellent design, but should be built on property which is already zoned for the proposed use_ That is precisely what the current application proposes to do. Rather than appeal the previous denial to the City Council, Evergreen llsteiied carefully to the Planning C0tnnllsslonIs concerns, and, at considerable additional cost, relocated its project to the current site on Washington and 48ih (the "property"). Unlike the previous site, the current site is designated on the General Plan as "Cor nlamity Commercial", a designation which specifically permits the proposed use. In fact, the designated use of this site for conunercial purposes was 310 02-21-03 li:ll RECEIVED FROM:+760 320 9507 P•02 132 Feb-21-03 12 :10pm F rom-SEDER, EALY, HEMPH I LL & BLASDEL , LIP +M-320-9b07 T-614 P . fl3/10 f-958 .SELZER, EALY, HEMP.IaT.ILL & BLASDEL, LLP February ? 1, 2003 Page evident as early as 1990 when Tract Map 24230 was recorded with the County Recorder. That map; which created the subdivision now known as "Lake La Quinta" showed this property as a "Commercial Lot (A copy of this map was provided to the Planning Commission. and is a part of the record in this matter.) Less than one year ago, this Council adopted the City of La Quinta's Comprehensive General Plan. That document changed the General Plan designation of the Property from "Regional Commercial" to "Conulturuty Commercial". Given the fact of this change, it is evident that the Coiuicil did specifically consider this Property and the permitted uses thereon when it completed the rigorous public review required to adopt the new General Plan. If Rancho La Quirit:a believed that the -use permitted on the Property was wrong. they had ail opportunity to voice their concerns when the General Plan was considered.. Whether such protest wa.s registered or not; the Council's careful deliberations resulted in the approval of the proposed use on the Property. The Appeal's fundamental claim is, therefore, inconsistent with the City's General :Plan. The General Plan text, in describing the "Community Commercial" designation specifically states "typical land uses include general merchandise, har&vare, food and drug stores, offices and personal services. [General Plan, page 13.] [Emphasis added.] In selecting the clurent site, therefore, Evergreen followed the Planning Commissions direction and found a site that t e. City had already deteinni.ned was ain appropriate location for the proposed Project. Although the City elected to chartge the designation of this site to "Community Commercial" ("CC") last March with the adoption of the new General Plana it is important to note that under the prior designation of "Regional Conunercial ("RC") the proposed Project would still have been a permitted use. In changing the designation to CC, the City eliminated some uses from the site, but the proposed use remains one which is specifically permitted. What is most important to note is that the long term designation of the subject property for commercial uses makes it clear that when Appellant homeowners purchased their homes, they knew that the site was zoned for such uses, and they elected to purchase their homes anyway. The fact that they now prefer to see the site remain vacant is insufficient grounds to decry the property owner the legally approved use of the site. Market Feasibility The Appellant argues that the appeal should he upheld because food and drug stores have "overstored" the area. During the Planning Commission hearing on this matter, a letter from Walgreens was introduced into the record which explains that the company has undergone a rigorous analysis and determined that the site meets its market feasibility standards. This analysis was conducted by a team of experts employed by Walgreens, a company that has successfully operated for more than 100 Fears. That letter also notes that in the last 10 years, W.algreens has opened over 311 02-21-03 11:12 RECEIVED FROM:+760 320 9507 P-03 13 Feb-21-03 12:11Pm from-SELZW EALY,HEMPHILL & BLASOEL,LLP +760-320-9507 T-614 P.04/10 f-958 SEL2Elr, ESL ', HERf.PHILL & BLASDEL, L.LP February 21, 2003 flaq,e 3100 stores nationwide, and in that same time, only 2 stores have closed due to poor performance —a s�lccess rate of ever 99.99%. In the 27 year history of l✓vergreen's association with Walgreens, Evergreen has built snore than 150 stores, and none has ever closed due to poor performance. No business opening, in the City can ever guarantee that they will be successful, however, veq few businesses can demonstrate a success rate equivalent to that of. Walgreens. In contrast to Walgreens' analysis based on many years of experience, the Appellant has „eye -balled" the area and decided that Walgreens' market analysis is wrong and attempts to jcxstify� its Walgreens "going dark". There is simply no evidence to suggest position through. Scare tactics about that this is a likely scenario. Ju reviewing development permits, the City does not ask for market studies or business plans fioni the applicants that appear before it. The reason these items are not required is that they are irrelevant to the decisions which face the City. The City's police powers in this regard involve determining appropriate land uses. It is not the City's role to counsel developers on profitability, market feasibility or business plans. Evergreen has spade several adjustments to the method of - operation of this Project - order to respond to land use concerns voiced by neighbors, staff and the Planning Comnussion- The proposed Project meets or exceeds all City development standards for tl-ie applicable zone. In light of that, a denial of the Project because the Appellant does not agree with their market analysis, is therefore an improper exercise of the City's police powers. Environmental Analysis Linder the California Environmental Quality Act ("CEQA"), in analyzing the impact of a particular project, the City is entitled to rely on already approved environmental impact reports such as the one which was certified in March, 2602 with the adoption of the City's new General Plan "General Plate EIR"). The General Plan EIR analyzed the environmental impacts resulting from fiill build out under the approved zoning designations. [See General Plan EIR, page 4.] Given that the Project falls precisely within the zoning designation permitted on the Property, the environmental analvsis in the General Plan EIR provides a thorough analysis of the issues related to traffic, air quality_ noise, public safety, etc. Based on that analysis as well as specific analysis done for this project and the mitigation pleasures imposed on the Project, the Environmental Assessment (' A") for this Project properly concludes that the Project will not have significant environmental impacts. The Appellant, in arguing its point, provides absolutely no evidence that the conclusions reached or the analysis done as part of the General Plan EIR and the Project's own EA are incorrect. The; Appellant attempts to contend that the environmental analysis of the 1'roj ect is inadegtkate because the current Pr�-)ject is not a full build out of the site_ Linder CEQA, an environmental analysis requires that consideration be givela to reasonably foreseeable surrounding, 31� 02-21-03 11:12 RECEIVED FROM:+760 320 9507 P.04 131 Feb-21-03 12:12pm From-SMER,EAM HEMPHILL & BLASDEL,LLP +760-320-9507 T-614 P.05/10 F-958 SELZER, EAL Y, IrEMPHILL & BL4SDEL, LLP 1 ebruary 21, ? 003 Pate 4 development. The, reasonably foreseeable development of the balance of the Property, like the proposed Project, is precisely in keeping, with the Creneral Plan designation of the Property. Since the General Plan EIR analyzed full build out throughout the City, it analyzed full build out of this site. The EA for the Project, being; based on the General Plan EIR, therefore fulfills the C-EQA requirement, and Appellant's contention is incorrect. Tritffiic As noted above, the traffic impacts of ftdl build out of the proposed site were analyzed as part of the General Plan EIR, which analysis was supplemented in the Project EA. Eased on that analysis, the Project has agreed to several circulation and traffic related measures including: limiting access onto Washington to one entrance that must be shared with the neighboring property, limiting turning movements at the entrances at both Washington and Avenue 48, and participating in the City Traffic Engineering department's plan to stripe Caleo flay to allow for a center left -out lane onto Avenue 48. These traffic mitigation measures are consistent with the Circulation Element of the City's General Plan and the pleasures imposed on the adjacent proposed hotel development and the other neighboring properties in the Commercial strip along Washington between ANlenue 48 and Avenue 47. City staff fitrther has advised Evergreen of the intended signalization of Washington and Lake La Quinta Drive, which will further enhance circulation to and around these commercial properties. The traffic circulation in and around the proposed site has undergone significant study in the General Planning process and in the process of the City's approval of commercial developments on the this and other properties in this block. 7n the face of this analysis, the Appellant offers an opinion, unsupported by any evidence at all, that these studies and traffic Mitiaation measures are inadequate. The City is required to make its decisions based on substantial evidence, not , then. denial of the Project based on traffic impacts "Unsupported opinion. Given the facts of this case, is contrary to the evidence in the record and is therefore an improper exercise of the City's polio: powers. s. L.i&tin Appellant admits that Evergreen has already teen several steps to mitigate any potential inzpa.ct to the swTounding properties from its lighting on the Project. These measures include compliance with the City's "Dark Sky" ordinance, shielding of all lights, rniijinzizing the number of light poles, enhancing landscaping to shield lighting, nUmmizing hours of operation and agreeing that all but the required safety lights be turned off no later than 15 minutes after the store has closed and the alarm is set, and eliminating „standard" aspects of retail lighting such as the use of LED displays or neon. Evergreen has agreed that lighting. in the tower is limited to "candlelight" lights to 02-21-03 11:13 RECEIVED FROM:+760 320 9507 P-05 1.39, F-6-21-03 12:12pm From-SELZM EALY,1'1MPHILL & SLASDEL,LLP +760-320-9507 T-614 P.06/10 F-958 ,.SELZER, F-AL Y , HE PHILL 8 BLA,SDEL, L" February 21, 2003 Page 5 accent the arches of the tower. These arches do not reach the fall height of the tower and are not risible from the surrounding residential developments. As part of the Planting Commission approval, Evergreen also agreed to lower the light standards from the permitted 22 feet to 18 feet. Despite Evergreeia's efforts, which Appellant admits do lessen any possible impacts, nonetheless Appellant is seeking "elimination". If total elimination of any possible impact from lighting is the standard that must be met, the only alternative is to allow no lights. This essentially makes the Property unsafe and unusable and is a standard applied on no other commercial properties in the City. In an effort to be responsive to the Appellant's concerns, Evergreen has analyzed whether lowering the height of lighting would provide a better result. That analysis shows that the lower the light, the brighter the light Faust be in order to provide the required illumination. This also requireS a significant increase in the number of lights, creates more glare and also creates more "datI spots" between light poles which raise issues of public safety. Appellant points to the lighting used at the La Quinta Arts Foundation property as being 10 feet in height. While we do not believe this is a comparable property given the infrequency of use of the Arts Foundation property, we did explore the issue with staff. Evergreen was advised that the 10-foot light standards at the Arts Foundation property was, ultimately, not the best solution TO the issue of lighting impacts. Given that the Project site will be used daily, not just for an annual special event, the importance of lighting, which assures safety on the project, is critical. It is interesting to note that at the same time that Appellant is demanding total "elimination" of lighting in -pacts, they are also claiming concerns regarding security on the site (see discussion below reader paragraph entitled "Crime"). Appellant's concerns about cringe are best addressed through adequate lighting, that does not create "dark spots". To achieve safe lighting with minimal impacts. therefore, the 1$ foot limit approved by the Plantung Commission should not be lowered. ._ i n11 9e Tlie Appellant contends that the proposed monument sign at the corner of Washington and Avenue 48 is inappropriate in size and nature. Again, Appellant offers an opinion with utterly no supporting evidence. In fact, the monument sign proposed meets precisely the City's standards for such a sig�1. Appellant admits that the details of signage must be approved by the Planning 011-limission at a future date. Yet, Appellant seems to be asking that you reject the Project because of the sign program which is not before you. The requirement for further Planning C'omuiission review of signage is appropriate protection to assure that the sigt1age is properly mitigated. I.t is not appropriate for the Council to reject t%ie Project because, of an issue, which is not now before you. 314 02-21-03 11:13 RECEIVED FROM:+760 320 9507 P - 0 6 1.3� eb-21-03 12 :13pm From-SELZM EAM HEMPH I LL & SLASDEL , LLP +760-320-9507 T-614 P . 07/10 F-958 S—PIZER, ,EA.LY, HEWI-ML tic BL.4SDEL, LLP February 21 2003 Paae o visual Impacts Much of the Appellant's concerns seem to be related to visual impacts O.e. lighting, signage, building height, etc_) At the Planning Commission, Evergreen volunteered a viewshed analysis which shows that, at most, a small portion of the top of the buildings roof may be visible from the nearest home. (That viewshed analysis will be available at the Council hearing on the Appeal.) The nearest home to the Project i5 more than 280 feet away, and that home is in Lake La Quinta, not Rancho La Quinta. Evergreen has lowered the building elevation as match as is possible given the existing infrastructure (including roadways, public drainage, water and severer mains, etc.) such that the finished floor of The Walgreens will be no more than .5 to 2.5 feet higher than the nearest residence. Such a grade change is negligible when one considers that most modern parking lots are built with more of a grade change simply to allow for drainage. Given that the nearest residence is more than 280 feet away, this grade change is de nlinimis. In addition, Evergreen has agreed to a significantly enhanced landscape buffer of 40 feet along the Avenue 48 frontage of the Property. The existing configuration of Rancho La Qtunta also demonstrates that visual impacts are not significant. The very corner of Washington and Avenue 48 insides Rancho La Quinta is currently developed .vith golf elements. To see the proposed Project from the nearest hoines in Rancho La Quillt-,i. one must stand In the front yard of the residences, look across an interior street in Rancho La t �uinta, past the existing perimeter landscaping and perimeter wall of Rancho La Quinta, past the four lanes and median island in Avenue 48, and past a 40 foot landscape buffer. Even if one were to assw1le that these homeowners do, in fact, spend a significant amount of time standing in their fronts yards attempting to capture this view, what they will see, is basically the top of a red tiled roof similar to the roofs on their owl homes as shown by the viewshed analysis. This does not constitute a significant impact that justifies denying the owner the legally approved use of the Property. Deliveries Appellant incorrectly states that the Project's conditions of approval do not address deliveries. In fact, the conditions of approval limit delivery hours to 7 a.m. to 10 p.m. As the residents were advised at a public meeting hosted by Evergreen to discuss the Project with neighbors, Wa.lgreens' main delivery truck comes to the site once per week. Other local delivery trucks typically come weekly, but may come slightly more often during peak season and depending on need. The important point with respect to deliveries, however, is the fact that deliveries are made to the north side of the building, not the south side of the building, which faces rancho La Quinta. 3 1')- 02-21-03 11:14 RECEIVED FROM:+760 320 9507 P•07 37 5eb-21-03 12:13pm From-SEL?ER,EALY,HEMPHILL & BLASDEL,LLP +760-320-9507 T-614 P.08/10 f-958 S,ELZER, .EALY, LfEY.,fPHILL d PLASSDEL, LLP February =l, 2003 Page 7 flours of Qperitian A typical Walgreens store may remain open 14 hours per day, however, in coasideratioil of the residents in the area, 'Walgreens l-as made an exception. and has agreed to limit its hours. During the public meeting with the Rancho La Quinta residents hosted by Evergreen, Evergreen explained that the store wotlld not be open 24 hours, that it would agree to limited hours, but that the precise hours had not yet been determined. The conditions of approval set those hoes at no more than 7 a.m. to 10 p.m. Walgreens' actual hours of operation will depend on demand and therefore may be less than the permitted hours, but in no event will. Walgreens exceed the permitted hours. cl-ime Without providing; a single iota of evidence, the Appellant reaches the sweeping conclusion that',it is well known that there is significant crime; associated with drug stores". The EA for the Project -vas circulated among City departments as is the City's procedure, and no issues related to crime were raised. Walgreens is a highly reputable company interested in assuring the safety of their customers and employees. Because of that, 'Walgreens has a security program, which provides for a combination of safety fighting, observatioll rillrrors, security cameras, autoinatic locks and alarms. Based on these measures, the long experience of Walgreens in successfully operating its stores, and the nature of the area, there is simply no evidence that crime will be a problem at this site any mere than it is at any other site. Lacking any evidence to support a conclusion of significant impact from crime. the City's rejecxion of the Project on that basis is improper. Air Quality Appellant claims that the EA indicates that the Project will cause "a potentially significant increase of pollutants which exceed giiantitalive thresholds for ozone precursors -under federal or state ambient air quality standards." Yet the Appellant fails to point out that explanatory notes in the EA show that the proposed Project will not exceed any threshold for the generation of moving emissions as established by the South Coast Air Quality Management District, the agency responsible far Inanitoring air quality in this area. Further, both the EA and the conditions of approval impose on the Project standard mitigation measures imposed for purposes of minimizing air duality impacts. 'These measures are used througliout the City. There is simply no evidence in the record which would justify a conclusion that this Project will cause air quality impacts which are significant. or in. excess of what was contemplated upon -full build out of the site. There is simply no evidence to impose requirements for air quality on this Project which are not unifomily imposed Citywide, and there is no evidence which justifies a conclusion that the air cluality impacts of this Project are significant and can't be mitigated to a level of less than sig;niticat�t_ 316 02-21-03 11:15 RECEIVED FROM:+760 320 9507 P.08 1.39 Feb-21-03 12:14pm From-SELZMEAMHEMPHILL & BLASDEL,LLP +760-320-9507 T-614 P.09/10 F-958 SELZIER, EAL Y, HEMP ILL & PLASDEL, LLP February 1, 2003 Page S Union Picketing Appellant raises the rather unique argument that the Project should be denied because labor unions might picket the stare. This argument must fail under the fundamental Constitutional principals that govern this country v�rhich provide that Government may not pass any law in an effort to abridge the fundamental right of free speech. What Appellant isaskingthe Council to do is reject this Project because they object to the possibility that they may be subjected to the unsightly vision of citizens exercising their Constitutional rights. The possibility that citizens may picket a business is one which exists for every business, aind is, therefore, in every case, speculative. That tact does not give the City the right to zone and approve entitlements in a way which is designed to squelch the exercise by citizens of their Constitutional rights. Rejection of the Project on these grounds is therefore, an improper exercise of the City's police powers in violation of the Constitutionally, guaranteed right to free expression. Efforts to Work'wilh Appellant Prior to flaking the Project to the Planning Commission, Evergreen attempted on several - Occasions to meet with the homeowners of both Rw-icho La Quinta and sake La Quinta to discuss the Project, hear their concerns and try to respond to those concerns. With respect to Lake La Quinta, Evergreen staff had several conversations with the HOA president who did have an opportLuvty to review the plans and show them to the Board at its regular monthly meeting. Evergreen was scheduled to make a presentation to Lake La Quinta at its December HOA meeting, ho-kvever, that meeting was cancelled by the HOA. In our conversations with the Lake La Quinta HOA, he did not express any opposition to the Project_ Lake La Quinta residents nearest the Project were also invited to attend the public meeting hosted by Evergreen, although none chose to do so. No one testifying at the Planning Commission hearing identified themselves as a resident of Lake La Quinta to nny knowledge. Two meetings did occur at Rancho La Quinta. The first meeting, included Bob Lowry as President of the Association, one other Board member and the property manager. The second meeting included Bob Lowry, Bill Ivey and one other individual from Rancho La Quinta. At each meeting, I specifically advised Mr. Lowry that vve would like to meet with the homeowners directly, and each time was told that he and the others in attendance would handle the matter and that no meeting x6th the homeowners was needed. At each meeting, questions were asked, conceals were expressed, responses were given and Evergreen ultimately made changes to the Project to address those concerns to the extent possible. Neither meeting left Evergreen with a hint of the negative attitude toward the Project that is evident from the Appeal. Upon discovering that negative attitude on the part of their ho neowners, the Board did not affbrd evergreen an opportLuaity to meet directly With the homeowners as I had requested. Evergreen .also voluntarily held a public meeting at the La 317 ©2-21-03 11:15 RECEIVED FROM:+760 320 9507 P•09 Feb-21-03 12:14pm From-SEOMEAMHEMPHILL & BLASDEL,LLP +760-320-9507 T-614 P.10/10 F-958 S'ELZER, EAI.1; HEMPHILL & BLA.SDEL, LLP f ebraary 21, 2003 Page 9 Quinta Senior Center, intiZting all residential property owners whose homes were closest to the Project. As the result of that meeting, Evergreen reshidied the lighting; standards for the Project, and agreed to lower them from 22 feet to 18 feet. 1vergreen has made malty modifications from the "Standard Walgreens" in order to accommodate the concerns of the nearby residents and the standards of the City. In all uses, the Project meets or exceeds City standards for development as approved in the General Plan for this Property_ This alone makes a claim that the Project is an incompatible land use unsupportable based on the e`�idence in the record. The accommodations made by Evergreen include but are not limited to: limiting hours of operation. limiting hours of deliveries, eliminating and modifying standard 5ignage, reducing lighting; requirements, using significant architectural enhancements as compared to the Walgreens prototype, significant expansion of perimeter landscape buffers and eliminating alcohol sales. Project design was based on the need to minimize impacts to surrounding neighbors, amd the evidence in the record shows that the Project will have no significant impacts on su rroundiag neighbors. Evergreen did as they were directed by the Plam-dng Commission in that they have now located the Project on a site that has, for many years, been properly zoned for the proposed use. Rancho La, Quinta's Appeal claims that this is not the right use for this property. This claim ignores the history of the Property which shows that the proposed use has been planned for and allowable on this Property for at least 13 years. The proposed use is also a specifically allowable use for this Property under the City's General flan. The Appeal therefore is inconsistent with the detailed Land use planning that the City did just 11 months ago. While one can appreciate that the Rancho La Qtunta residents would prefer that the site remain vacant, this desire denies the fundamental property rights of the site owner. The Project's design has been highly praised by the Planning Commission, and meets or exceeds all City standards. Based on these facts, we respectfully request that the Council reject the Appeal mid permit the Plarn m- g Commission's approval of the Project to stand. Sincerely, Emily Perri Hemphill Selzer, Ealy, Hemphill & Blasdel, LLP cc: Kathy Jensen, Esq. terry Herman Reuben Garbett 3*18 02-21-03 11:16 RECEIVED FROM:+760 320 9507 P-10 t4l JAN-27-2003 18:15 EVERGREEN DEVCO INC 01/27/2003 14: 35 FAX 818 240 1823 EVERGREEN DEVCO Calif ATTACHMENT #7 01/,W/M33 14:46 WALGREEN REAL„ ESTATE 1 918182401823 w Immy us m Mr. Ihm lb�y oo ;c" �x � Sub oat 200 N. M Ave., uc� Q m*dc, CA 91206 RE: ]A Q►uk" CA VETO w1lvMin��on � 4aer �veove Deerw aim It ha s aowo to ow boa i toast 0 ? 11 c d g�ooup im9 reiead svroa coaoeras kWWriding of VI►atgoma' i# eeccdm rmroh aW pnaa, eud the viability Of the p___04 W �� o 4g *0 UWO=a WW of Wash go= SUm and 48 Aveouc in Lis � die dte ft 1R wa ary Cominkm mmdmmsly appmwd this sito a® Novembor 11t 0, am Wed" uwwboco in U , wq4Fmw hm a vay dwe oBb j1d fonw pan AU for MVWW!dg and draft 1vW =0 1000im Waneian MOW u plan driven U op Wed to >foe ch - we build sbo w wm we wiH be MM&K mow wbdt *10 wbm a dw happeas ib be, in *0 pit 10 yoga w o have opened aver 3,100 4a Y WO C103ft due fa poor pocformanoe. RSWU* g dw Skjam propony, Walgracns bas a' Whcb°d a twmgh inve� + � wwwa Fund ho ddwmi ed Out the p wpow giw is rho boa szto ft Wa*+cone. As put of Ns FMIN6 WFOMO Stare opavdm ad *U=c* condmarm b*podeat 04YM of ft wkjoct "cm Ad dmagiood yyo projedW =km volume at flue looeaan W"' eUuppat a =w Walgreeoa Bore. 1a nmkiB Ibis dmffciwtwn, our march and Stnte� Opeto"Ilm Dcparbknoa ooidered nlff==e *CUM Aso rS 10 moom�o i�+o1e, et+c.� eba n�#borbood dom 'cs (i.o," popbWm do*, qW, ' �� , atttib�u� (i,o„ aitie aaaees, vieibili6yv oo><n*ble av=ding um. Ertel Brad ftpoteoopiel i=Rd d =100g mil and pW=q ►blishtaeate w bin &a wsde area. Apeok aRe* cmbdeft aft of dab iafot>°soaon, welpans ugly behaves the trado ana vull eappon a Walpow owm at tbo suljea !adios. WW[Smm boa a IMS400 i 1 to tho desert mouaWN114 and gwtmdy hao ftr 1oa d in the dolor area (Doc in cadodw City and in Dowt Hot SpaQpo andv wo in Um Dow). We lave gee abow am boy nd Chy coda, wdimov end desip Buhi im o0 MAU a btu iMft end site layod do wiU iorbe, coatimom rib dw high prWde of awaetebip in the ores ,and . will ro/uk to a lam naild barbood pbwramev. our in the deecrc I of wt&gwd u +"roll � r� 1�► a m from dw proposed WalSreeas fore as the nord"d oca�ec �' �ila�tt�n sdva and WS Tinwk yca and vowmm for yow eft to bring Walgrem to La Quif. Wo look forward to tbo am=WW coaipin of tbie dev�efap and to bec�oatins an Rd" a w6w of to f a Qal busi2m oo a]r. V07 R4berl P. Roscoe 8muff awlt"U mamw w1drm Co. WN.GAKN CO, CORPORATC AfFKT5 20D WILMOT KOAh p AF161,D, �+D015 141 1 www�walarv►rM�l 310 `3 01/27/2003 MON 12:52 tTaiRX NO 54871 Gb002 C-IUPP I q FA:;HO. : 714 89-2 318.2�4 FRC-11-1: b - ATTACHMENT #8 ROB & NANcy HuRTr 78-704 VIA CAR EL LA QUINTA, CA 92253 February 26, 2003 RE: Watreen& Mayor and City Comcg City of U Quirta P. 0., Box 1504 78-495 Calle Tampico L4 Quinta, CA 92253-1504, I am witting . you to express uty deepest concems. of Walgmns discount food and chug store with 2i drive4bm'pbarmacy proposrig to locate, at the NEC of Washington Stred aW Avenue 49- Walgreens. does not belong in our prestigious neighborho6ds with all the environmental problems their retail use ercaes. The traffiQ, congestion, poffution,.nom and lightuig glare that accompany this w9e a all comet opposite to the quality of life that brought, us to La Quinta. I would bope that you NmIl I join Willy all of the hundred's. of r-arby residents m opposing this unwanted and unnp,e ed cornmercial, ktrusion. into our. La Quanta, neighborhoods. Rob Hurtt RWsb 02-26-03 14:32 C♦ aw v► ! � - June G reerc e�' From: Makinney, Bill [fmakinney@PillsburyWinthrop.com] Sent: Wednesday, January 22, 2003 8:32 AM To: June Greek Subject: Planning June, please forward on to the appropriate individuals and departments. Many thanks! Gentlepersons: I want to go on record vehemently opposing the proposed Walgreen's store at the northeast corner of Washington and 48th Avenue. We -somehow need to stop the proliferation of Walgreen's in our community, and in our state for that matter. We have a Walgreen's, Rite Aid and Savon in the 42nd and Washington vicinity. A Long's will be completed at 50th and Jefferson, and there are pharmacies available at the nearby Stater Brothers, Von's and Ralph's stores. Why another pharmacy? With the unbelievable congestion on the stretch of Washington, please do what you can to preserve some of the natural beauty that is inherent to desert living. Don't turn those blocks of Washington into another Highway 111. Thank you, Bill Makinney -----Original Message ----- From: June greek [mailto:jgreek@la-quinta.org] Sent: Thursday, May 10, 2001 4:19 PM To: fmakinney@PillsburyWinthrop.com Subject: Re: Speed Limits Mr. Makinney, I am forwarding copies of your letter to the Mayor and members of the City Council as well as our Engineering Department. Please feel free to call me at 777-7002 if I can provide any further assistance. June Greek, City Clerk >>> "Makinney, Frederick W., IV" <fmakinney@PillsburyWinthrop.com> 05/10 >>> 12 : 4 0 PM >>> City of La Quinta: As a part-time resident of La Quinta for more than a year now I am wondering what considerations are being given to reducing the speed limits on Washington Street and on 48th Avenue. With the continued growth of both residential communites and commercial endeavors in La Quinta it is now time for speed limit to come down. I propose that the city embark upon a feasibility study to determine what the proper course of action should be. La Quinta is no longer a remote country retreat, and unfortunately we all have to deal with that reality. The courtesy of a reply would be 3421 appreciated. 1 143 January 28, 2003 To the City Counsel of La Quinta, California This evening I attended, along with 30+ other residents of Rancho La Quinta Country Club`, the La Quinta Planning Commission meeting regarding the building at Washington and 48h Streets, the Walgreen's Pharmacy. I strongly oppose. Below, please find my reasons; 1. Ambience 2. Light pollution 3. Devaluation of property adjacent and near proposed Rx site. 4. Safety, re; loitering, employees friends hanging around said building, undesirables coming into said area. Traffic. 5. Noise; such as; deliveries, the loading and unloading of product, trash, comings and goings of cars, trucks etc. We were told deliveries only during business hours, lam to lOpm. These hours are too early and too late. Also there are deliveries on the weekends. Both of which will take away from the quality of life in areas residential developments. We did move to RLQCC for the quality of life. 6. Safety of traffic; turning trucks and cars coming and going from said Rx.Too dangerous. I already experience this problem with my banking up the street. 7. We do not need another Rx. Within this area; we have two Ralph's stores within a mile with pharmacy facilities. We have two stores at Washington and Hwy 111 Stater's and Vons' with pharmacies and we have a Wal-Mart within a short distance 1 or 2 minutes longer to reach and 4 more pharmacy's up Washington in Bermuda Dunes. Let Walgreen's go the Happy Point where the ambience of La Quinta has already been diminished with a poorly designed and ill suited shopping area. Or better yet, let Walgreen's go down Hwy 111 to another shopping area already destroyed or planned away from homes of higher quality. 8. I ask all of you to close your eyes and envision living in a beautiful country club area or housing development and enjoying life and the quality life you worked so hard for. Now look across the street or up the street and envision living next to a Walgreen's with all the comings and goings.... traffic, noise, garbage, lights, employees, delivery trucks waste trucks.......... I ask you why do you think we would accept this type of commercial business next to us? I ask you why do you want to destroy an area of residential country club areas with a Walgreen's or any commercial business when Hwy 111 would be much more appropriate for an Rx. 322 144 Rezone Washington and 48'h street. To non-commercial businesses 1 story professional buildings used only 9to 5 Mon. thru Fri.. Or better yet rezone for a park or more homes. Do not detract but enhance the area! I am not a developer I am a consumer that chose to live in a non-commercial environment for my health and well-being. For every resident of Rancho La Quinta Country Club present this evening there were min. 3 residents represented by each individual present. For me I represented 8 residents. I can also tell you I will not use the Walgreen's next to my club because I feel since Walgreen's does not care about keeping my neighborhood qualities intact I will along with friends boycott the Rx. Also I will not vote for a counsel member that O.K.'s the development. La Quinta is called the "Gem of the Desert", yet Hwy 1111 and Washington's new Happy Point development does nothing to enhance the entrance and welcome to La Quinta. On the contrary it along with all the developments except for the Jensen's shopping area detract from the cities image greatly The Planning Commission's Mr. Abell and the Chair, I feel, had already made up their minds as to allow the developer to develop the Wash. 48t' street corner prior to the meeting. Our word fell on deaf ears. I will remember these men and not support them. Please do not take lightly my writing to you. I do not write letters to cities or boards. I am a member of the silent majority, but I do not take lightly the destruction of my neighborhood and unique Village of La Quinta to fast talking money grabbing companies. You will be hearing from me again and seeing me in protest, even though it hurts my health. Please tell Walgreen's to take a hike back to Hwy I I I where it belongs. And do not destroy our beautiful area any more. I am a 57-year-old widow. I was a business owner in Orange County in the Industrial supply business and the Aerospace subcontracting business. I moved to Rancho La Quinta for my health and could have moved anywhere in the valley, but because there was not commercial in the area and the village of La Quinta was so unique with a better quality for living than other congested areas in the valley I chose happily to move here. Now I am questioning my decision, because I feel you on the City Counsel and the Planning Commission are out to destroy La Quinta's residential areas and ambience. Thank you, Gracellen C. Goodman 78-855 Rio Seco La Quinta, California, 92253 760-771-1310 323 l4 AQOINTq:, le 'VeLIP" F tie i LNr� o�Y 324 146 325 14 ' J vz -I- - rl 7S- ,-3 WE NEED ANOTHER DRUG STORE IN OUR RADIUS OF TWO MILES.. ?WHAT IS THE SECOND PART OF THIS A PORN STORE?A HARLEY DAVIDSON MART... ?WHAT GUARENTEES DO WE HAVE AS TO THEIR BUSINESSES.. ?WILLTHIS BE A TWENTYFOUR STORE TO LIGHT UP A QUIET NEIGHBORHOOD.. ?WHAT HAPPENED TO THE IDEA OF A SUBDUED VILLAGE... ?HOW WOULD LIKE A THIRTY FOOT TOWER LIT UP TWENTYFOUR HOURS A DAY... ?WHAT HAPPENS TO THE TRAFFIC PATERN ON THAT CORNER DOES IT EXACERBATE THE PRESENT ACCIDENTS.... ?WHERE DOES EVERGREEN DEVELPOMENT CO.IWALGREENS COME FROM ARE THEY IN AND OUT OR GOOD FOR THE VALLEY.... SINCERELY.JACK SHELLEY. 78 565 DESCANSO LA QUINTA CA. 92253 2287 ti n?M u 3?C► 148 07"] cM Atu Vb, r OIN OcAd L4z?,/ C6Lan C�6 ~W 4. G /� N/Ty D4w 7s - 4? C a C?V2 'fro i s 2003 CITY O? LA QUINTA CITY MANAGERS DEPT. 1i 49, et NANcy D. SULLIVAN cbuiw 48-610 VISTA ESTRELLA C* LA QUINTA, CA 92253 Celt February 12, 2003 Mayor Donald Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph: I am writing to you regarding the Walgreens food and drug store that is proposed for the corner of Washington and Avenue 48, and to express my strong opposition to it. I reside full time in Rancho La Quinta, and I have many specific concerns about the location of a Walgreens store at this site. Most of these concerns center around the proposed retail use of the site. Avenue 48 represents the "front door" to Rancho La Quinta and the heavily residential areas to the south. I believe that a food and drug store at this corner is inappropriate, and should instead be located farther north along the Highway 111 corridor. The problems that I see include lighting, traffic, and noise. In general, the "collateral damage" that comes with a retail use. Some of these problems can be mitigated, and some cannot. For example, the evening lighting that of necessity is part of a retail operation is made even worse by the fact that the site itself is elevated several feet above the grade level of the surrounding streets. I doubt that there is any solution that would satisfy the developer, the city, and the nearby residents. Even if there were, the traffic, deliveries, noise, and all the other unavoidable unpleasant aspects of a retail operation remain. By the developer's own estimate there will be an additional 1,284 trips per day —every day —to this location. In my mind, the resulting air and sound pollution alone are enough to justify disapproval. The multitude of other pharmacies and food stores in the area certainly provide adequate retail services to the area's residents. I believe that the use of this location should be restricted to one more in keeping with a site which is so close to residential areas such as Rancho La Quinta. In summary, this is a retail store that the local taxpaying residents neither want nor need, and I strongly urge you to disapprove it. Nancy . Sullivan +Z� 150 Mayor Donald Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph: Ct�-� CHARLEs L. SULLIVAN- 48-610 VISTA ESTRELLA LA QUINTA, CA 92253 CM Awl ' 1� February 12, 2003 C�JINTA W o I am writing to you regarding the Walgreens food and drug store that is proposed for the corner of Washington and Avenue 48, and to express my strong opposition to it. I reside full time in Rancho La Quinta, and I have many specific concerns about the location of a Walgreens store at this site. Most of these concerns center around the proposed retail use of the site. Avenue 48 represents the "front door' to Rancho La Quinta and the heavily residential areas to the south. I believe that a food and drug store at this corner is inappropriate, and should instead be located farther north along the Highway 111 corridor. The problems that I see include lighting, traffic, and noise. In general, the "collateral damage" that comes with a retail use. Some of these problems can be mitigated, and some cannot. For example, the evening lighting that of necessity is part of a retail operation is made even worse by the fact that the site itself is elevated several feet above the grade level of the surrounding streets. I doubt that there is any solution that would satisfy the developer, the city, and the nearby residents. Even if there were, the traffic, deliveries, noise, and all the other unavoidable unpleasantries of a retail operation remain. For example, by the developer's own estimate there will be an additional 1,284 trips per day —every day —to this location. In my mind, the resulting air and sound Pollution alone are enough to justify disapproval. The multitude of other pharmacies and food stores in the area certainly provide adequate retail services to the area's residents. I believe that the use of this location should be restricted to one more in keeping with a site which is so close to residential areas such as Rancho La Quinta. In summarv. this is a retail store that the local taxpaying residents neither want nor need and I strongly urge you to disapprove it Charles L. Sullivan 3"� 15 February 17, 2003 Mr. Don Aldolph, Mayor City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Dear Mr. Mayor: �-QNIV I am writing to you to express my very strong opposition to the planned use of the NE corner of Washington and 48 h Streets by Walgreens. My wife Ann and I live at the Rancho La Quinta Country Club, which is adjacent to the site selected by Walgreens for their new drug store. The prospect of a commercial business next to one of the most successful and prestigious country clubs in the Coachella Valley is very inappropriate and is unneeded. The home values in Rancho La Quinta will certainly decline if Walgreens is permitted to build on this site. I hope that you will join the growing opposition to the encroachment of Walgreens into our community. Sincerely, qr Jid, o 75 Descanso Lane La Quinta, CA 92253 330 15 n�� - 0 2 2QQ3 `J C(Tf OF LA G ;'rTA CITY NIANAGER'S DEPT. Ralph C. Baggs 78-705 Descanso Lane La Quinta, CA. 92253 February17, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA. 92253-1504 Site Development Permit 2002-753 Walgreens Food and Drugs Store Gentlemen and Lady: My wife and I have been residents of La Quinta for almost nine years. We chose this area for our retirement home because of the relatively quite and secure surroundings offered by our residential community of Rancho La Quinta. Now we have learned that The Planning Commission and City Council are considering granting approval to construction of a 14,000 plus square foot discount food and drug store with a drive-thru pharmacy on the NEC of Washington Street and Avenue 48. This site is within 500 feet of our residence and is of great concern to us. Much the same as the earlier proposed Night Driving Range on the corner of Adams Street and Avenue 48, it to does not belong in an upscale residential community and can only cause unnecessary excess traffic, pollution, noise and night lighting glare. Although we recognize the current zoning would permit such a structure we would hope, as representatives of the hundreds of La Quinta citizens adversely effected, you will see fit to favor our Application for Appeal of EIR 2002-460 at the forthcoming City Council meeting. Sinc alp C. Bagg 331 15.� CC: A CUk Al oUn�l V �,, Uj D!qj, Barbara Storwick 48-565 Vista Calico La Quinta, CA, 92253 February 13, 2003 The Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA, 92253-1504 RE: WALGREEN' S FOOD AND DRUG STORE We wish to go on record as a taxpayer of La Quinta as opposed to the proposed development plans for a Walgreen Drug Store on the North-East Corner of Washington Street and Avenue 48. Surely there must be a much better use for this piece of property which is so close to several residential areas, to an Art's and Cultural center and to a fine church than a discount type drug store. Good planning would phase in this type of retail establishment gradually to residential area by putting low profile development (Medical offices, etch between them and residential developments. It would be my feeling that Walgreen's would generate high tragic, noise, excessive lighting and threatening exit and entrance problems onto Washington and Avenue 48. Please consider this site for a development with a much lower profile. Barbara Storwick 760 564 3061 332 t5� dale wtd ysulXivtx 48 -190 Via Valera La Qdnta, Chi 9453 -TT 1.4rZ`4- LAQ CY Q�4.Cj N l CpM M\ �?v1NT�,. �- �ZZS'3 • ISo4 4 Cam,4c.L .. ct . imeve- , C�Vw I rya �;aFa`; -,T 4z-'Z10-s t.e : W Nk s �- 4 a ..n oV— � � �, � s� 4f=,s s o CQv Apt-�•�`�P .. vmc,.$.r� (�O)WT)6. 331 155 Feb. Fay: �yC�'l-�,,�4-:� 7 ��'� � '�'�, '�}i aft; 1=, F. 1=11 ALANAl D BARBARA WOLRIGE # 78 - 685 DESCANO .SANE LA QUINTA, CA 92 253 February 25, 2003 The Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Dear Council Members - Re., Walgreens We are writing to express our concern and astonishment that your planning department would allow,* a Walgreens-type development next to your "Jcwel in the Crown" development, Rancho La Quinta. It is obvious that Rancho La Quinta provides annual tax revenues approaching $5,000,000 to our City whereas the Walgreens location may provide $200,000 or 4% as much. Good planning on the part of our City must provide for a 2m.dual zoning Change for perimeter arcas around such a "Jewel" project as Rancho La Quinta, Council ;rust act responsibly by controlling the "type" of commercial use allowed by considering its effect on homeowners at Rancho La Quinta. The Walgreens Project attracts a high level of lighting, traffic and noise which is contrary to the needs of Rancho La Quinta and contrary to the mandate of Council from inception eight years ago. We, as one of the original homeowners, were told that a "medical centre" type project was slated for this corner - a low -density type of commercial usc. Walgreens does not even come close to our understanding. To go from "prestigious residential use" to parking lot commercial use is unacceptable to us and, hopefully, to Council. Yours very truly, 4 f &fw',personallwa1gxcns.doc 334 15F 02-26-03 14:00 RECEIVED FROM:604 684 4709 F'.01 FEF- •-<<-1L_� 2 4_1 1 : 0 7 F't1 MAY'ER 949 'D_5 1 h s F . 171 1 PQ .� �MMVN�� February 12, 2003 Mayor and City Council City of La Quinta P.G. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive- thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48, Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic,, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into out La Quinta neighborhoods. Sincerely, 335 157 02-26-03 13:17 RECEIVED FROM:949 951 6313 P•01 Feb 26 20 02:17p p.1 26 2003 � G`L�� a� February , A V J Mayor and City Council �0 owe City of La Quinta �MUNk p.O.Box 1504 78-495 Calle Tampico La Quinta, Ca. 92253 RE: WALGREENS We are writing this letter to you to express our concerns over a Walgreensdic�ot �oof and drug store with a drive thru pharmacy that is proposed for the Washington Street and Avenue 48. Walgreens does not belong in this neighborhood, with all the environmental problems this retail store creates. The increased traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that prompted us to buy a home at Rancho La Quinta. This is exactly what we were trying to escape from in congested Orange County. I would hope that you will join the numerous nearby residents in opposing this unwanted and unneeded commercial intrusion in our neighborhood. Sincerely, '2 ., Chuck & Lynda Hartman 79-592 Mission Drive East La Quinta, Ca. 92253 02-26-03 15:19 RECEIVED FROM: P.01 158 T@'d 9202 t92 999:KOEI a2AIZOZU @t:tT g@-LZ-Z@ Dean T. and Clary P. Riskas 49130 Rancho Pointe La Quinta CA 92253 February 27, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: E C FEB 2 7 2003 J' C0MA UNITY D �EIL PMEfvT DEPARTME►�� My wife and I are new homeowners at Rancho La Quinta and we are writing to express our strongest objection to and deepest concern with the proposed location of a Walgreens discount food and drug store (with a drive-thru pharmacy) at the corner of Washington Street and Avenue 48. We have spent and are spending a considerable amount of money to purchase and improve our home in a prestigious neighborhood that currently affords us a quiet, elegant and enjoyable quality of life. We certainly do not support the building of any store or facility that will degrade this quality of life by virtue of the traffic, congestion, pollution, noise and lighting glare that will inevitably accompany the operation of such a store or facility. Neither do we support the degradation of value that our country club/residential community will suffer as a result of building an immediately adjacent retail operation of this nature. We fervently request your support of ourselves and the many members of our community who STRONGLY OPPOSE this unwanted and entirely unnecessary commercial intrusion into our La Quinta neighborhoods. R ectfully, , Dean Thomas Riskas Cc: Board of Directors, Master Association for Rancho La Quinta 337 100/100'c( tZ:ST �O/LZ/ZO ONI SHOSIAQV XIINIHI SM VS8 0S9sz 1 r' . 45 r 6 0 - 7-1- 0 915 FILL F'A' E 01 Joan and Walter A. till, Jr. 78-940 Cabrillo Way La Quinta, CA 92253 February 27, 2003 Mayor and City Council City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Walgreens Dear Mayor and City Council Members, D C E VE FE8 y 7 2003 D DA INTA E$VWPMENT RTMENT My husband and I are very concerned about the Walgreens discount food and drugstore with a drive-thru pharmacy proposed to be located and the northeast corner of Washington Street and Avenue 48. Walgreens doe not belong in our prestigious neighborhood with all the environmental problems it's retail use would create. The traffic, congestion, pollution, noise and lighting glare are completely opposite to the desired quality of life we sought when we bought here in La Quinta. Por that matter, we are opposed to any retail concern that would try to locate at that site. It seems to be more compatible with further single- family home development or low-rise office buildings. Please oppose the Walgreens' development. Sincerely, Joan and Walter A. Fill, Jr. 16( 02-27-03 16:27 RECEIVED FROM=760 771 9915 P-01 02i27iO3 THU 02:11 FAX 760 346 9918 D R 14IO02 -, r . February 26, 2003 mayor and City Council City of La Quinta P.O.Box 1504 78-495 Calle Tampico La Quinta, Ca. 92253 RE: WALGREENS D EC, 0 �/L�, - PI FEB 2 , 1 l 2003 .. CO3NM3N1CK bAQYI NTA �EPAR h1ENT PMENT FAXED We are writing this letter to you to express our concerns over a Walgreens discount food and drug store with a drive thru pharmacy that is proposed for the NE corner of Washington Street and Avenue 48. Walgreens does not belong in this neighborhood, with all the environmental problems this retail store creates. The increased traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that prompted us to buy a home at Rancho La Quinta. This is exactly what we were trying to escape from in congested grange County. r would hope that you will join the numerous nearby residents in opposing this unwanted and umieeded conunercial intrusion in our neighborhood. Chuck & Lynda Hartman 79-592 Mission. Drive East La Quinta, Ca. 92253 3,�9 161 02-27_08 14:14 RECEIVED FROM:760 346 9918 P•02 February 27, 2003 Mayor and City Council City of La Quiff F.O. Box 1504 78 -495 Cabe Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentleman: D C�V� FEB 2 l 2003 COMMON K �EQV INpTA .x .,.,...hiENT PMENT I am wing you to express mar deepen concerns of Walgreens discount food and drug store with a drive-thm pharmacy proposing to locate at the northeast corner of Washington Street and Avenue 49. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates_ The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that broug& us to La Quinta. I hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, William and Kendra Jacoby 02-27-03 15:00 RECEIVED FROM:714+434+1544 `7 4 0 1�" FROH FAX I10. Apr. 21 2002 etc : 11 PI'l P1 Ho1C1Or able Don Adolph, Mayor City of La QW-rita Dear'Mr. Adolph 77 l? wbr�-,` 2003 W L� rm CITY Of 57 lTA CITY MANAGER'S DEPT, T ain writing to you to express concern regarding the proposed construction of a Walgreens store on the corner of Washington Wid Avenue 48. I believe the resulting traffic, lights and overall congestion will have a negative impact on the beautification plans and activities underway for La Quinta. I urge you to oppose this unwanted and unneeded commercial intrusion into our neighborhood. Respectfully; Don FiAion 79-07O Via San Clara La Quinta, CA 92253 760--771-9845 02-27-0-- 12:07 RECEIVED FROM: P•01 1 61) Mr. & Mrs. T.A. Toussoun 48-760 San Vicente Street La Quinta, CA 92253 February= 2003 27 2003 CITY OF LA QU-IN TA CITY MANAGER'S DEPT. Mayor and City Council City, of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-I504 — Re: Walgreens Gentlemen: I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive- thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. t I would hope that you will join Artually all of the hundred's of nearby - residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, 2 16 ROBERT & JAC:QUELYN LE SAGE 78-980 CARMEL CIRCLE LA QUINTA, CA 92253-6002 Voice: (760) 771-0250 Fax: (760) 771-1669 e-mail: desertfox58earthlink.net 27 February 2003 Mayor and City Council Members City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreen Drug Stores Gentlemen: to E EIV E, FEB 2 7 2003 C0MMUNIOTY pEQ INpPMEN7 ., DEPARTMENT I am writing to express my belief that the construction of a Walgreen Discount Drug Store and Drive -through Pharmacy at the Northeast Corner of Washington Street and Avenue 48 is inappropriate. My wife and I live full time in La Quinta. I am an actively practicing physician in the City of La Quinta and my wife is a registered nurse. Consequently, we understand the need for our patient's to obtain their medications in a timely fashion without having to drive great distances. We also understand that the property in question is zoned for commercial development. Notwithstanding these facts, permitting a drug store to locate on this property is clearly inappropriate. This type of "drug store" is not your typical professional apothecary but rather a general merchandise discount store. It will operate long hours, well into the night, creating increased traffic flow and congestion, along with noise and light pollution that necessarily accompany such a store. Allowing Walgreen Drug Stores to construct a facility at this location is contrary to those qualities of life which brought us to La Quinta five years ago. It is my hope that when you seriously consider the negative impact this project will have upon the community and the opposition to this project raised by many of the residents of La Quinta that you will join in opposition to the project. Sincerely, Robert L. Le Sage, M.D. Jacquelyn Le Sage C7 1 02-27-03 16:20 RECEIVED FROM:(703) 814-8669 P-02 41'"' ►_1 E_1: 1: �- l 1111111 PA* G.E Ft 1 1ia Nall (")1ri111t1, ( ,A 92,253 4'11ephoiie; (10�1)77148.39 1 i s (-/() )) i` 71-1)� ()q ....................... - 1 ....." .................. bebruary 2 ? 2003 8F= W*reemv DearSirs.' I have rived in Rancho La Quinta for 5 years and have seen a lot of growth in the City of La Quinta. ,Some Arery good and,some,l believe, detrimental to the community_ We had an opportunity to grow with ,Manning and quality. I believe La Quinta has lone in the direction of allowing ust about anything to enhance tax dollars. As announced on the news just last night, La Quinta has about 12 car thefts per day and in the last years the crane has gone up considerably_ I myself, have seen a ,stabbed morn firom AAFPM at 7: 30 in the morning a few months back. Phese crimes are taking place because the opportunities present themselves in the form of hangouts and fast food restaurants. We are becoming the Cathedral City cif the desert, although Cathedral QY is trying to make snore c~hange,s, we on the other hand aren't learning any lessons. The newest and latest approvalfor a Walgreens on Washington & Avenue 48 in the middle of quality residential communities is another example of poor city planning. Trcffttc is alrea4v a problem and crime will certainly cantirme to escalate with the coming 24 hour retail stores_ I hope that the mayor and City Council keep in mind "why " our community is named the 'jewel of the desert ", 7we continue in this direction it certainly will lose the luster and appeal for which many people moved here in the,irst place_ We take pride in our community and we are beginning to became ashamed cif the substandard Planning taking place. Since el , {Sabine & Michael Shor `�44 02-27-03 12:17 RECEIVED FROM:1111111 P-01 P. 01 1C 7��J� ��%J j�+� (may 1_iR. SIRS• DA • Ili 1 • �/ROCKErl T 49-025 VISTA ESTRELLA LA QUINTA, CA 92253 D E C IF V FEB Z 1/� 12Q03 cep+ +u F _ v �RrMW PA4ENT February 27, 2003 MaYOT and City Council City of La. Quinta P. 0. Box 1504 78-495 Calle Tampico La Quinta, CA, 92253-1504 Re: Walgreens Gentlemen: I am writing yvu to express my deepest concerns about having a Walgreens discount fooed and og store with a give-thru ph�macy located at the northeast corner of Washington the meet an environmental problems their Walgreens does not belong in our prestigious rietghborhoods with use creates. The traffic, congestion, pollution, noise and lighting glare that would acconvany this retail p pp g nta. project are all corn l.etely c� osite to the quality of life that brought us to L.�. Qui I would hope that you would join virtually all of the hundreds of nearby residents in opposing this unwarranted and unneeded conunercial intrusion into our La Quinta neighborhoods_ David P. Crockett 02_27_03 13:47 RECEIVED FROM: !C/ TOTHL P. C-11 P.01 Mayor And Members of the City Council ' City of La Quinta California th,e,,,4n4ersign9d being property owners within the city of La Quinta,Calif. '� Oat .the pity ,Council repeal the approval of a Walgreens Drug Store �nIthe ,North Raft corner of 48th and Washington. I0,,.4,. ;Qngly' believe that: RETAIL useage of that location is not at all !PMp4t.ibljA,'with the surrounding area, and would certainly be an eyesore to he-r.�.�Fusands.of Visitors entering our city. We also feel that the property h��}��t,h,oAnSi$exc� a transition area from the massive retail developments 9 th and 94; beautiful residential and resort areas. 'be Jfor considering our request and please KEEP LA QUINTA CHARMING. 9, ----------------------------------------------------------------- NAME ADDRESS DATE Vj 17-14 Z17 40 e 'f,..... &mcAol 402a, 4jbu 'pwl'?, 11"e, *7 03 , F44�il I, �23 SV,Z�� • 3 3 7. t F r ,n , .r t 'f I Mayor. And Members of the City Council City of La Quinta California nder4iigned being property owners within the city of La Quinta,Calif. pq%A a t Qity'-:Council repeal the approval of a Walgreens Drug Store ��_ �a q t� East.corner of 48th and Washington. WC.t,rgng�.y; believe, that RETAIL useage of that location is not at all =Aia atri l� xitA the surrounding area, and would certainly be an eyesore to the.,lo.µSaAds of yisitprs entering our city. We also feel that the property ;A§4de;e0"4, transition area from the massive retail developments MA?�'iiQx}�' aild Au;,teaut3ul residential and resort'areas. 1h4 .k �+ u � Ax CQASI Bring oup' request and please KEEP LA QUINTA CHARMING. r•t b:, r NAME -----------------,._- �� -.•__....__..___ AT)nDPcc r 1t �N,t, �, � • � � ix 1 Y , Mayor And Members of the City Council Gity of La Quinta California t ° 4s�f �t3 � 5 I I" I • 'ti}g`undersigned bung property owners within the city of La Qulnta,Cal2f. ,.,�hat`,tbe.;Cjty Council repeal the approval of a Walgreens Drug Store An A ti•e NQrth,'Rast 'corner of 48th and Washington. 1.§t;Qngl'y',4elipve :that RETAIL useage of that location is not at all' I; Q� ate blb with the 4urrounding area, and would certainly be an eyesore to -of ;visitors entering our city. We also feel that the property Al,(�JaAr�Sidexe a transition area from the massive retail developments ?, bx�apth and !our beautiful residential and resort areas. oonsiderng,request and please KEEP LA QUINTA CHARMING. lRT 7 s....�--.� NAME— AMEADDRESS --w --w-w---------------------- 3 1 ;t I cttr ^------------------------ ------ �'- _ DATE �• L 2 7 C�01 3 irk•�� 0. . a I A � � p g•�,j ,4y[i��'•yj'7� �; � � x 7 y4� x. t (�y} IIMaa• � 9 r,�i?II nN�,.wllly �I• 7 r4 �ir� 3�Y ��I Mtn+ 1 711 I .I, •I r z:: 34� Mayor And Members of the City council City Y of La Quinta .California ,. bf�i,ng property owners within the City of La Quin a, Calif, t.the,City Council repeal the approval of a Walgreens Drug'Store Rasa c,prner of 48th and Washington. r RgTATL, useage of that locati011 is not at alb. Q4nding area, and would certainly be an eyesore, to + pring our city. We also feel 'that. the ,property �g14j`�p's�,dez�r� a transition area from the massive retail developments 'b'i't"ful residential and resort areas. ha u1fQr cpnsidering+our request and please KEEP LA QUINTA CHARMING. P',P �' � T1T*'"�;'�'•r, *-Tw.. ..�..-— — — — — — — — — — — — — — — — — — — — — — — - ----- � �� ;; t, ,NAME '' ADDRESS ,...fi_,.....111.,..,.-- u ti - - DATE / rT� 00, 't� 4 ✓ I k' t ♦ ; p � err + + o, y ✓ r e .. ��"ijY '.S' ., iyi +phi"+'��7�t I iI�• + 7 , 4 F 1 1 +1fr y1 4l�, aaf Fe&uqry 27, 2003 N 2'0 the 4a Q data City Council II , `Y✓e.Wou�li to voice oursu ort r PP f those oPPoscng the 4Nalgreens Oru .Store 4 the cP!ner of WashiiWon and 48` . I live in Laguna De La Paz section o, f Washington is essent]ady residentia% ry&Ug store or Ptt/ttlq business is totaffy utaMoPriate for this arm such &O-kow" belomg is the village area or better et, on a!' y wy. l z1 where all + ; this Other businesses are locating. ?his part of Washington is best suited u ' i f W u.� restaurants or professional buiGtuc gs, not the I nd of intrusive,. "z4 fi4r hW*Of that Walgreens represents. We ou will u hold'the hope y p app�of of the, approval of �Walgreens for this location rezone the ,. and ft� �p /�•�p {,,[/� area f r M.Ol f . ?""rt'p+W 44i business. s � i � 11 i ,t.4 + I r A + }p[ ' n { ^.� ` Mk pp 1 wp l r r And Members of the City Council % City „�� i�•,, �" ' � r � y of La Quinta California ik {�{{urigned bea,ngproperty owners within the city of La Quirts, Calif . Council repeal the approval of a Walgreens 'Drug Store �} ttrN�rth E$St oQ.rriex of 48th and Washington. y41`4 e gly ;'bql eve' that RETAIL useage of that location is not at all, q0;4 0.,.01W with the suprounding area, and would certainly be an eyesore to viS�,txs entering our city. we also feel that the property O"d0'red ,a it ion area from the massive retail developments 'beautiful residential and resort areas, :�M$ yRu,fartconsldu iu% our request and please KEEP LA QUINTA CHARMING,--. ++.�..----- .►—►►—► ►—►►►�� NAME.. �. ►.�.. �. .. +.►—�.►►►►► ,► .. ... .�►.� ...,_ ..�.. ADDRESS nnmFw a �t M4ypr And Members of the City Council na' City of La Quinta California e'a k�e und�x igned bea ng property owners within the city of La Quinta,Ca.li,f, eq,u�pt�,that;the.City-Council repeal the approval of a Walgreens Drug Store n,thp oFth'gast'.cprper of 48th and Washington. e eQng1y'believe that RETAIL useage of that location is not at all R� t,kzl� with the surrounding area, and would certainly be an eyesore to of. Yi;si, 6rs entering our city. We also feel that the property l��y psi.dered a 'transition area from the massive retail developments QFO'i4nd Ater :,beautiful residential and resort areas. Ar, cQnsidgrx ng our request and please KEEP LA QUINTA CHARMING. r r'� ------------------------------------------------------------------ NAME ADDRESS _ DATE 1 Y �EjqV 3 3 I i , ? y 2 35 '1 'i Y/ Eby �• WILLIAM H. IVEY 78665 DESCANSO LANE LA Q U I N T A, CALIFORNIA 9 2 2 5 3 (760) 7 7 1 - 4 2 8 4 FAX (760) 771-3565 January 28, 2003 President of Planning Commission And Planing commission City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Petitions Rancho La Quinta Country Club Gentlemen: On behalf of the residence of Rancho La Quinta Country Club I respectively submit, for the record, petitions containing 266 signatures unanimously objecting to a Walgreens Food and Drug Store,proposed for the NEC of Washington Street and Avenue 48, in the City of La Quinta. ZSVcei�el ,41-� am vey 3�� PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS Z o 4 � zi gy p 7� 4 8 3eqs 9 zx ,� 10 12 1� OKo / Diu 14 / -/ 16 17 �I - t'r v �. - - , P E T I T 10 N THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLU139 AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 489 IN THE CITY OF LA QUINTA, CALIFORNIA Ar5lnRFSS NAME 2 - S /JJ 4 I `-� `.� 7 ,e /ft-It, 8 9 U cc, io VA, eolp c,., IiCJ 12 VIA 111A 164 173 14 7d -� ��, 16 lw� 79-20j— �30 k--,- PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS C'��-mac. 2 4 � � 5 % l 1- 6,cZA 7D Cle—r-4 G e4�- 7 W 8 V lals 10 61 12 JG) 13 cx Gam, 77 17 J. PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA ADDRESSVAME • i II i r•. I r !i � � I , Lj�i/1�I��y� � i/ ♦ rr f-) PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA ADDRESSNAME i Fla il-k _ ► w- �m Jko V 40• 3rollo PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA ADDRESSNAME AM' i wmm ZEN .7 �D J 1C PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS - I� / L oj bo i 6 c,4 y z�=3 7 S� 10 r 12 13 14 �- q� Z- IT j,1jSJ,(, 15 l U> 16l 17 PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS AJ 7 �� f�,/f"% fit:./ �� Y/� rl ;/ ,l� /��--%'/ 9 �C� >l l ,-� 1 /-� �' jLl 9405T4 rc( 10 Il 12 13 % Q,%?'�D 14w" 15 tit r 16 v -78 - 17 / �/o 3 cl I PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA ADDRESSNAME 1 • prul r 19MA.. • �10Me � I WAMM LN Mai P ETIT10 N THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 489 IN THE CITY OF LA QUINTA, CALIFORNIA NAME ,ADDRESS !c av t n� ilk - yap ,` La a^ vn t- / Ll 0'G a i K f fro 5 10, � % - �4 7 (mil '01� z�s 0t I �'SP C'�;C Ct ri S O < N Ti e oT v L r,.,E. 10 2- 11 .-... C_.� -. �-- 1//(S& 12 Pee <qL- 14 (14 ��- _ 15 01 16 17 PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 489 IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS 1 ,A 2 �� U 3-1/1 4 C� % % �% �% G� (A 5 c, g � y✓ � n p _ �U ��V ��,GL� !/ Z//s 12 v l A &rmet 13� 14 15 16 17 012ZD s�,,�,t7)t - PETITION HE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS Q�l j r " ;20, 3 f%i �,�•�, - � -7 -7 3 3 'v 661 JX, 10 13 14 15 16 17 )I a PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTAl CALIFORNIA NAME ADDRESS F:l llh2m h �SUMLLEJNI -7) ........... ,f,p Y 1"n y /.15 10 2�J 12, 13 14 15 16 17 "m PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA ADDRESSNAME a` � r t IJ PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA ADDRESSNAME .- mai, , I1r PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS 4 -q vo ca, 1.6k.r 5 6 7... 8 9 10 11 12 13 14 15 16 17 t.. PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 489 IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS c4b AX0 4 7 8 9 10 11 12 13 14 15 16 17 r� pt� :dam � :Y PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 489 IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS 1 � ' - (� 0 Alm Al 6- &A-Y L. �7 14 1& (Al S�V 7 8 9 10 11 12 13 14 15 16 17 ild f �� PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 48, IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS • 9�s � -01 5 6 7 8 9 10 11 12 13 14 15 16 17 PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 481 IN THE CITY OF LA QUINTA, CALIFORNIA PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 489 IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS 7/1 l 00 /! 9d a-s 4 5 6 7 8 9 10 r 11 12 13 14 15 16 17 FROM : vOHN R. SMITH / DR. UIVIEN DEE FAX NO. : 310 465 0707 Jan. 26 2003 10:30AM P2 SENT BY: GEORGE ELKINS MORTGAGE; 345 4967; j AN • i 5.00 5 : WM i PAGE i ! i PETITION THE RESIDIENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS $11OWN BY THElR SiGNAYURES HEIMNo VNAMHEOU44Y OSJECT TO A VYAI.OREEHS FOOD AND DRUM STORE PROPOSED FOR THE NEC OF WASMINGTON STREET AND AVENUE 48, IN THE Cr"Y OF LA QU1NTA, CALIFORNIA PETITION THE RESIDENTS OF RANCHO LA QUINTA COUNTRY CLUB, AS SHOWN BY THEIR SIGNATURES HEREIN, UNANIMOUSLY OBJECT TO A WALGREENS FOOD AND DRUG STORE PROPOSED FOR THE NEC OF WASHINGTON STREET AND AVENUE 489 IN THE CITY OF LA QUINTA, CALIFORNIA NAME ADDRESS ' i700 Y`t O l 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Mayor And Members of the City Council City of La Quinta California RECEIVED-". We the undersigned being property owners within the cit of La Quinta,Calif. request that the City Council repeal the approval of ��trr-e%gnF,r I3JStore on the North East corner of 48th and Washington. CITY 'OF LA OUINTA 1-1 We strongly believe that RETAIL useage of that locati;gq lq4 ncit %7OFFPCIE compatible with the surrounding area, and would certainly be an eyesore to the thousands of visitors entering our city. We also feel that the property should be considered a transition area from the massive retail developments to the north and our beautiful residential and resort areas. Thank you for considering our request and please KEEP LA QUINTA CHARMING. ------------------------------------------------------------------------------ NAME ADDRESS DATE j 17/ r L-t `_3 ::? - 1) '�N Mayor And Members of the City Council �j -7 -S City of La Quinta California We the undersigned being property owners within the city of La Quinta,Calif. request that the City Council repeal the approval of a Walgreens Drug Store on the North East corner of 48th and Washington. We strongly believe that RETAIL useage of that location is not at all compatible with the surrounding area, and would certainly be an eyesore to the thousands of visitors entering our city. We also feel that the property should be considered a transition area from the massive retail developments to the north and our beautiful residential and resort areas. Thank you for considering our request and please KEEP LA QUINTA CHARMING. ------------------------------------------------------------------------------ NAME ADDRESS DATE Mayor Aria Members of the City Council City of La Quinta California we the undersigned being property owners within the city of La Quinta,Calif. request that the City Council repeal the approval of a Walgreens Drug Store on the North East corner of 48th and Washington. We strongly believe that RETAIL useage of that location is not at all compatible with the surrounding area, and would certainly be an eyesore to the thousands of visitors entering our city. We also feel that the property should be considered a transition area From the massive retail developments to the north and our beautiful residential and resort areas. The you for considering our request and please KEEP LA QUINTA CHARMING. ------------------------------------------------------------------------------ NAME ADDRESS DATE S'_ 'L7.7 (-,4 Ile L—U_!c,,4k �� I i' I ' 77-22 7 C� a.� Z L Mayor And Members of the City Council City of La Quinta California We the undersigned being property owners within the city of La Quinta,Calif. request that the City Council repeal the approval of a Walgreens Drug Store on the North East corner of 48th and Washington. We strongly believe that RETAIL useage of that location is not at all compatible with the surrounding area, and would certainly be an eyesore to the thousands of visitors entering our city. We also feel that the property should be considered a transition area from the massive retail developments to the north and our beautiful residential and resort areas. Thank you for considering our request and please KEEP LA QUINTA CHARMING. ------------------------------------------------------------------------------ NAME ADDRESS DATE 38ti February 27, 2003 To the La Quinta City Council.• We would like to voice our support for those opposing the Walgreens Drug Store at the corner of Washington and 4e. I Cive in Laguna De La Paz and this section of Washington is essentially residential. .A drug store or any other similar business is totally inappropriate for this area. Such businesses belong in the village area or better yet, on Hwy. ill where all the other businesses are locating. ghis part of Washington is best suited for upscale restaurants or professional buildings, not the kind of intrusive, 24 hour business that Walgreens represents. We hope you will uphold the appeal of the approval of WaCgreens for this location and rezone the area for more acceptable business. 3 ,I �j Mayor And Members of the City Council City of La Quinta California We the undersigned being property owners within the city of La Quinta,Calif. request that the City Council repeal the approval of a Walgreens Drug Store on the North East corner of 48th and Washington. We strongly believe that RETAIL useage of that location is not at all compatible with the surrounding area, and would certainly be an eyesore to the thousands of visitors entering our city. We also feel that the property should be considered a transition area from the massive retail developments to the north and our beautiful residential and resort areas. Tuna YOU for considering our request and please KEEP LA QUINTA CHARMING. ------------------------------------------------------------------------------ NAME ADDRESS DATE hcu -L 7L-/�j If It" 7 Z 2- l'M , r i 1/ Mayor And Members of the City Council City of La Quinta California 4 We the undersigned being property owners within the city of La Quinta,Calif. request that the City Council repeal the approval of a Walgreens Drug Store on the North East corner of 48th and Washington. We strongly believe that RETAIL useage of that location is not at all compatible with the surrounding area, and would certainly be an eyesore to the thousands of visitors entering our city. We also feel that the property should be considered a transition area from the massive retail developments to the north and our beautiful residential and resort areas. Thank you for considering our request and please KEEP LA QUINTA CHARMING. ------------------------------------------------------------------------------ NAME ADDRESS DATE '� r 0� �_��o • OF COUNCIL/RDA MEETING DATE: March 4, 2003 ITEM TITLE: Public Hearing on Specific Plan 99-036 Amendment #2 (La Quinta Corporate Centre) and Site Development Permit 2002-756, A Request to Adopt Resolutions 1) Modifying the Development Standards for an Under Construction 36 + Acre Commercial/Light Industrial Development Located on the North Side of Highway 111 and Approximately 300 Feet East of Adams Street and West of Dune Palms Road and 2) Approving a Two - Story Commercial Building of 15,248 Square Feet on One Acre at the Southwest Corner of Corporate Centre Drive and Dune Palms Road (78-441 Corporate Centre Drive) Applicant: David and Jamie RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Specific Plan 99-036 Amendment #2, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving development of a two-story commercial building for Radio Active on one acre at 78-441 Corporate Centre Drive pursuant to Site Development Permit 2002-756, subject to the attached Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. 36 BACKGROUND AND OVERVIEW: Specific Plan History Specific Plan 99-036 (La Quinta Corporate Centre) 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. The Plan envisioned development of light industrial uses, retail/office uses, a fitness center, a self -storage facility, and gasoline service station. The Mixed/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. Under the circulation component of the Plan, four access driveways were allowed on Highway 1 1 1; the driveway to the north of the La Quinta Mall and the future Wal-Mart, within Planning Area #3, is to be signalized. Various changes were made to the Specific Plan development conditions and text document (e.g., tenant signs, land use table, etc.) by the City Council on June 4, 2002 (Resolution 2002-85) during consideration of Site Development Permit 2002-734 (Attachment 1). The existing developments in the La Quinta Corporate Centre are the J. Paul Building (Site Development Permit 2000-669, USA Petroleum (Conditional Use Permit 99-046 and Site Development Permit 99-657), World Gym (Site Development Permit 2000-682), and Storage USA (Site Development Permit 2000-673, Phase 2 only). The Radio Active project is proposed on the southwest corner of Dune Palms Road and Corporate Centre Drive on one acre within Planning Area #4 of Specific Plan 99-036. Off - site street improvements were installed for the project site a few years ago by the master developer. Immediately south of the site is an existing gasoline station/convenience market and carwash facility, with vacant land to the west in the La Quinta Corporate Center (Specific Plan 99-036) . Project Proposal 1. Specific Plan Amendment - The current development standards require a 50-foot distance from the Dune Palms Road curb face to a parking lot aisle pursuant to Condition #44(D) of City Council Resolution No. 2002-85. Under the Radio Active proposal, a setback of 39 feet is proposed for the parking lot aisleway which is consistent with the development standards of the existing USA Gasoline service station to the south. 2. Site Development Permit - The proposed two-story, 15,248 square feet commercial building for Radio Active is 27 feet in height to the top of the upper level parapet. Showrooms and vehicle service areas are located on the first floor while offices are upstairs. To create architectural interest, the building roofline is staggered using 2 Southwest style design features. Exterior surfaces are clad in light desert -colored stucco similar to the J. Paul Building located at the northwest corner of Corporate Centre Drive and Dune Palms Road (79-440 Corporate Centre Drive). Flat roof building elements project out over storefronts to provide shade cover during summer months (Attachment 6). Primary building entrances and storefronts are located on the north and east sides of the building. Solar bronze glazing will be set in place using aluminum mullions. Window panes are typically nine feet high except adjacent to the east -facing building entrance. Showroom storefronts are accented by exposed wood beams and vertical columns spaced at 20 foot intervals. A trash enclosure is located on the southwest side of the building adjacent to service bays and a two-way service aisle. Open parking stalls are provided around the proposed building using 26-foot wide aisles with access driveways proposed onto Corporate Centre Drive and Dune Palms Road (Attachment 2). Driveway access points are to be shared with adjacent developments as outlined in Specific Plan 99-036. To enhance traffic circulation movement, no parking stalls are proposed on the south side of the building. The applicant's grading plan, dated January 13, 2003, shows parking lot and building runoff being directed to Corporate Center Drive in order to be conveyed to the stormwater drainage improvements established for the J. Paul Building site as allowed by the existing Specific Plan conditions. The proposed conceptual desertscape landscaping plan includes a plant palette consisting of a variety of specimen trees (Acacias and Palo Verde), shrubs and groundcover. To augment the specimen shade trees, palm trees in heights of 8' to 14' are being used on accent perimeter parkway areas along with various sizes of rocks and gravel. Landscape planters and pedestrian sidewalks are provided on the north, east and south sides of the building. Parking lot lighting consists of 24' high pole mounted fixtures (175 watt metal halide) that are shielded to reduce glare as required by Section 9.150.080(K) of the Zoning Code. Footcandles range from 0.01 to 3.21 as noted on the proposed lighting plan. A concept sign program was submitted, showing channel -style lettering on three sides of the building. Radio Active signs are placed over building access doors with the exception of the south -facing sign. No lighting and color information was submitted. Public Agency Review A copy of this request was sent to all applicable public agencies and City Departments on December 30, 2002. All written comments received are on file with the Community 3 383 Development Department. Applicable comments received have been included in the recommended Conditions of Approval. Public Notice This request was advertised in the Desert Sun newspaper on January 26, 2003 for the Planning Commission and February 19, 2003 for the City Council, and mailed to all affected property owners and those within 500 feet of the project site on January 17t" and February 12th. On February 3, 2003, the Community Development Department received a letter from Mr. Robert J. Mainiero on behalf of Mr. Neil Kleine, requesting a change in Condition #44(D) of Specific Plan 99-036, permitting a change to the requirement that states that access drives taking access from Highway 1 1 1 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 curb improvements (Attachment 3). Mr. Mainiero's request was reviewed by the Planning Commission during their deliberation on February 11, 2003, and is addressed later in this report. Architecture and Landscape Review Committee The Architecture and Landscape Review Committee (ARLC) reviewed this request at its meeting of January 8, 2003, and on a 3-0 vote, adopted Minute Motion 2003-002 recommending approval, subject to conditions (Attachment 4). Condition #8 of Site Development Permit 2002-756 addresses the Committee's concern to enhance the parkway landscaping by eliminating a proposed retention basin and requires the small landscape planters on the north side of the building be removed to install larger pedestrian sidewalks. On January 17, 2003, the Community Development Department received an updated landscape plan from the developer which is based on the January 8t" ARLC meeting. The landscape and irrigation plans have been approved by the Coachella Valley Water District, including the water usage calculations. A complete set of plans is on file with the Community Development Department. Planning Commission Action On February 11, 2003, the Planning Commission, on a 5-0 vote, adopted Resolution 2003- 005 (subsequently changed to Resolution 2003-006) recommending a revision to Condition #44(D) of SP 99-036 for Radio Active to allow their parking lot vehicle accessway to be setback 39 feet from Dune Palms Road to match improvements established for the existing gasoline station development to the south, recognizing that turning movements into the shared driveway will be improved once full -width Dune Palms Road street improvements are installed and noting that no parking spaces are planned on the south side of the building as depicted in the original Specific Plan site plan exhibit. At the meeting, the project 0 3SI architect recommended placing traffic markers in the street to discourage unsafe left -turn traffic movements on Dune Palms Road until additional traffic improvements are constructed. The Planning Commission also discussed Mr. Mainiero's request to modify the parking lot access provisions for Highway 1 1 1 within Planning Area #4 noting that Condition #44(B) of Specific Plan 99-036 requires right-in/right-out only traffic movements for this secondary driveway. After discussing the existing gasoline service station improvements and review of Mr. Kleine's conceptual site plan for his six -acre development, the Planning Commission recommended that Condition #44(D) be revised as follows: "Access drives from arterial streets , 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 curb face of Highway 1 1 1 (excluding parcels in Planning Area #4), and 58 39 feet from the curb face of Dune Palms Road. Parking accessways for Planning Area #4 onto Highway 111 shall be setback a minimum distance of 50 feet from the property line, subject to approval of a Site Development or Conditional Use Permits." The Planning Commission adopted Resolution 2003-006 (subsequently changed to Resolution 2003-007) concluding that the proposed Radio Active development is compatible with existing and planned La Quinta Corporate Centre development improvements, subject to the attached conditions (Attachment 5). FINDINGS AND ALTERNATIVES: Findings necessary to approve the Specific Plan and Site Development Permit per Zoning Code Sections 9.240.010(E) and 9.210.010(F) can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Specific Plan 99-036 Amendment #2, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving development of a two-story commercial building for Radio Active on one acre at 78-441 Corporate Centre Drive pursuant to Site Development Permit 2002-756, subject to the attached Findings and Conditions of Approval; or 2. Do not approve a Resolution of the City Council for Specific Plan 99-036 Amendment #2; and Do not approve a Resolution of the City Council for development of the Radio Active development pursuant to Site Development Permit 2002-756; or 9 3. Provide staff with alternative direction. Respectfully submitted, J y Her an, ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . SP 99-036 Amendment #1 Planning Area Exhibit 2. Radio Active Grading Plan Exhibit (Reduced) 3. ALRC Minutes of January 8, 2003 (Excerpt) 4. Letter from Mainiero, Smith and Associates dated February 3, 2003 5. February 11, 2003 Planning Commission Minutes (Excerpt) 6. 11 " by 17" Development Plans (City Council only) C:� '� q l CITY COUNCIL RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT STANDARD CHANGES 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 #2 APPLICANT: DAVID AND JAMIE REULMAN Assessor's Parcel Numbers: 649-020-049 to -051 and -054 to -067 Portion NW Y2 of Section 29, T5S, R7E SBBM WHEREAS, the City Council of the City of La Quinta, California, did on the 7t" 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; and WHEREAS, the City Council of the City of La Quinta, California, did on the 4t" day of June, 2002, approve changes to the Specific Plan development standards and design guidelines for the 36 ± acre development in support of Site Development Permit 2002-734 for Sky West Corporation by adoption of Resolution No. 2002-85; and WHEREAS, the La Quinta Community Development Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 99-383 and certified by the City Council on September 7, 1999, by Resolution No. 99-110 for Specific Plan 99-036. No changed circumstances, conditions or new information is proposed which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21 166; and WHEREAS, the City mailed public hearing notices to all property owners and those within 500 feet of the project site on January 17, 2003, pursuant to Chapter 9.200 of the Zoning Ordinance and published a notice in the Desert Sun newspaper on January 26, 2003 for the February 11, 2003 Planning Commission meeting. All written correspondence is on file with the Community Development Department; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 t" day of February, 2003, hold a duly noticed Public Hearing to review of an Amendment to the La Quinta Corporate Centre development standards, namely a k0 7 City Council Resolution No. 2003-_ Specific Plan 99-036, Amendment #2 David and Jamie Reulman and City of La Quinta March 4, 2003 Page 2 change to Condition #44(D) of City Council Resolution No. 2002-85, to allow a parking lot aisleway within 39 feet of curb face of Dune Palms Road and other related changes in Planning Area #4 for on -site accessways serving Highway 111. The Planning Commission, on a 5-0 vote, adopted Resolution 2003-006 (previously Resolution 2003-005) recommending to the City Council approval of the Amendment, subject to findings and conditions; and WHEREAS, the Community Development Department mailed public hearing notices to all property owners and those within 500 feet of the project site on February 12, 2003, pursuant to Chapter 9.200 of the Zoning Ordinance and published a notice in the Desert Sun newspaper on February 19, 2003 for the March 4, 2003 City Council meeting. All written correspondence is on file with the Community Development Department; and WHEREAS, the City Council of the City of La Quinta, California, did on the 4t" day of March, 2003, hold a duly noticed Public Hearing to review of an Amendment to the La Quinta Corporate Centre development standards, namely a change to Condition #44(D) of City Council Resolution No. 2002-85, to allow a parking lot aisleway within 39 feet of curb face of Dune Palms Road and other related changes in Planning Area #4 for on -site accessways serving Highway 1 1 1; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said 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 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 the parking lot design changes for Planning Area #4 are compatible with the newly built gasoline service station at 79-490 Highway 1 1 1, as conditioned. 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. City Council Resolution No. 2003-_ Specific Plan 99-036, Amendment #2 David and Jamie Reulman and City of La Quinta March 4, 2003 Page 3 4. The recommended conditions ensure orderly growth within the master planned area while providing necessary urban services. Development applications within the project area will be further reviewed by Site Development Permit or Conditional Use Permit applications as set forth in the attached documents. 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 (Exhibit "B") for the proposed Specific Plan Update (Exhibit "A"); 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 approve Specific Plan 99-036 (Amendment #2) 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 41" day of March, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California City Council Resolution No. 2003-_ Specific Plan 99-036, Amendment #2 David and Jamie Reulman and City of La Quinta March 4, 2003 Page 4 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 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" SECTION 1- SUMMARY 1.10 - PURPOSE The purpose of 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 north side of Highway 111 between Adams Street and Dune Palms Road. 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. 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 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 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. The site is vacant except for newly constructed buildings in Planning Area 1 and 4. 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 the La Quinta Auto Mall Specific Plan (Specific Plan 97-034), 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 Natural Resources Element of the General Plan identified 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 16 underlying parcels. Exhibit 1 indicates the parcel configuration in 1999 and Exhibit 7 the existing parcel configuration. 12 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 Hotel One -Eleven Specific Plan, which is directly west of the 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. 13 ��n SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 14 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" Exhibit 1 — Assessor's Map G:\SDP 756 RadioActive\SP36#2 FinaIText2003.wpd-Greg/Page5 15 .spE.Ch7,-,I'CI P""Af?'� E LA %;"T R F"'00 RA TE CEN TRE Specific Nrain 99=036, Annendment #22 Exhibit "A" Exhibit 2 — Aerial Photograph SD. L:5 U. —ctivc\SP-36!!2 16 4 1 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 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. 17 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 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. 1.2.3.3 - Deleted by Condition #63 of City Council Resolution 99-111. 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 AOL Time Warner for cable TV service. Q/ SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" Exhibit 3 - General Plan 0 Commercial Park Mixed/Regional Commercial G:\SDP 756 RadioActive\SP36#2 FinaIText2003.wpd-Greg/Page9 19 SH-, SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" Exhibit 4 - Zoning Map G:\SDP 756 RadioActive\SP36#2 FinaIText2003.wpd-Greg/Page10 20 0 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" Exhibit 5 — Site Plan State -Highway I I I �- Revised - 5 / 14/2002 G:\SDP 756 RadioActive\SP36#2 FinalText2003.wpd-Greg/Pagel 1 21 /11 Y 'i CM-ca YYl / floe -oar (M) iwomc m 'a Z."!d ''S S '1 '6Z NOLLOaS MR-Z9= TMQdF r, SVraads AWd IOC suns � VA MOAMrJ ZAMMYt 7 4" UB�d oI}load$ ea}UAL 8}BJOdJOo }Ulflp 18 1 &AusAmmamn / mmmD" wn / &Awomd S 7ea -j U I u U lq' d ONI 'S3.LY100SSY mvY wKs '02IS7A1fY3t 9 1!G!L4X--A } « -H 41 OwCDW Wo s R8mg'hOr; 90 W QLL o�W� W J6 o al WOD +� z 22 I" s s m m SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" Exhibit 7 - Existing Parcels 55 '8Q ge CA 54 w PAR 2 AC o j 149.52 P 1084 3.78 AC NT "' 57 " PAR S 56Co pAR 3 1 AC NT & 5f 1.1 PM 197/33 415.51 COR 11.7 500.81 t -14 . P a N PAR 9 EX m 62 R= a 60 � PAR 6 m 3 m�5:9 .zo 3.26 AC NT P 341.09 -� 0 j PAR 8 f- 1 526.19 w �8 19 AC NT 313.55 PM 197/33 548.44 PAR 10 p � 0 4 17 AC o N 63 A PAR11 � 6 3.16AC NT b 4, 7.61 AC NT aN N ,you,`' Q 0?8 4" Q d 199.39 --14;P.13 @08�PAR 12 4 t8 T 1.02 AC NT F _ STOT�WATw_ a°11 rt 00-84 34 °2ar34 61 C .18 66 1.17 AC U ?Q8 ry 37 1.92 AC C11 15.52 AC 50 V& �p� r %2 N Cb `302. 03 - , 3.62 AC 27.5 50 3.43 AC �o�01.31 AC CD 5 j .CD _ o u�a Zoo _ -7-7 23 G:\SDP 756 RadioActive\SP36#/2 FinalText2003.wpd-Greg/Pagel3 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" SECTION 11- SPECIFIC PLAN 2.10- PROJECT DESCRIPTION 2.10.1 -The Site The site is 36+/- acres, comprising various parcels under separate ownerships, located adjacent to the northeast corner of Highway 111 and Adams Street within the City of La Quinta. Planning Acres /Square FAR Base Zoning Proposed Uses Area Footage 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 .35 Mixed/Regional general office & 130,680 sq. ft. Commercial retail PA 4 11.41 acres .35 Mixed/Regional general office & 144,600 sq. ft. Commercial retail 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 24 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. The breakdown of the conceptual floor area ratio (FAR) by Planning Area is as follows: PA 1 (Industrial Lots) 12.22 acres -.35 FAR* 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) 317,988 sq. ft. land area 111,295 sq. ft. floor area PA 3 (Regional Commercial/Office) 130,680 sq. ft. of land area 45,738 sq. ft. of floor area PA 4 (Regional Commercial) 497,020 sq. ft. of land area 173,956 sq. ft. of floor area 7.30 acres - .35 FAR 3.00 acres - .35 FAR 11.41 acres - .35 FAR The project, on a cumulative basis, shall not exceed 0.35 FAR, pursuant to Condition #62 of City Council Resolution No. 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 25 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 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 26 411 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 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. 27 4 1. "' SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 41,1 m m m m m m m 9 i MAINIERO, SMITH AND ASSOCIATES, INC. Sewer Service Plan PUNAW.; / C[M SNCINM ¢!NG / UND SURMn vs La Ouinta Corporate Centre Specific Plan rn R. rAHQUq?MG , CANYON AA9 U-6SUM sol SECTION 29, T. 5 S., R. 7 E. PA(i/ SPRD�CS, CAl1FORNU 9P2E2-678{ TElBAOM (Td0) 320—YBII /FAY 3PJ-7EYJ m>>>> 0 m m S>> m S m m>> m 0E Exhibit 9 415 Water Service Plan MAINIERO, SMITH AND ASSOCIATES, INC. PLWNNG / CML SNGnVEZMNG / LAND SURVEYING La Duinta Corporate Centre Specific Plan 777 E. TAHGUM CANYON WAY, SUITE 901 PALM SPMNGS CUPORNU M82-8;W TELdPRONE (760) 920-9811 / PAX 323-7893 SECTION 29, T. 5 S., R. 7 E. L V i S ' > > N A m m Cig N o a a � O N V) S Z N N > _ u c m N v 1 D S z r z C :-4 D _ _ iA z ► mmC (A D i O - D v m z Y a r'o x r4 m rm �4 ra 41F Exhibit 10 FM"NIERO, SMITH AND ASSOCIATES, INC. Street and Landscape Cross Sections PUNNlNO / crud MVCMMW "° / UMSURVNMO La Ouinta Corporate Centre Specific Plan 777 S. TABQUM GNYON WAY, SUITS 301 Puy SPRINGS, CAMRMA M&O-OM SECTION 29, T. 5 S., R. 7 E. UZWHONS (760) 320-0811 / FAZ =-78D3 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 investigation for development of this Specific Plan, Coachella Valley Water District 32 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" (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 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. 33 41� SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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, 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 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. 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). 34 .11 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" ♦ Planning Area 1 (PA 1) - is dedicated to commercial/industrial development on individual lots. The goal of this Area is to provide 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. 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 light industrial development. Lot sizes range from 0.53 acres to 1.05 acres in size. 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. 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. 35 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 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 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 Cathedral City 105 spaces* RATIO one space/250 sq. ft. for the first 8,000 and one/300 sq. ft. thereafter 36 4�t SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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). 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 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 37 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 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 Plannina 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 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 RN 44.1 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 lines within the project Setback — Exterior 10, 5' 0' 5' property lines adjacent to the project Maximum Plan FAR 0.35* (0.50 FAR may be permitted for the self -storage site) Note: See Condition #11 of City Council Resolution No. 2002-85. 2.70 - DESIGN GUIDELINES 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. 39 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 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 the 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. 40 4r� r �.�� SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 2.70.2.6 - Outdoor Storage Screening Prohibited Materials Chain Link Wood (25% or more) Security type materials (barbed or razor wire) 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). 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 41 n SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 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.). 42 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. There are four entry points to the site from Highway 111. The main entry of the La Quinta Corporate Centre aligns with the main entry of the La Quinta Auto Mall project. The primary on -site circulation meanders west -to -east through the site. Parking areas and minor circulation aisles are connected to this main aisle. Depending upon the site development plans additional connections may be made to connect the commercial portion with the individual lots located along the north boundary of the project. The internal drive also connects to the Hotel 111 site at the west boundary. The La Quinta Zoning Ordinance requires provisions be made for bicycle parking based on land use. The Plan will comply with the City requirements for bicycle parking. Loading spaces required are pursuant to Section 9.150 of the City's Zoning Ordinance. The plan does not propose any alteration to the City's requirement for loading spaces. The location and number of spaces will depend on the ultimate users and this issue will be addressed through the individual site development permits. 2.80.1 - Off -Site Circulation System The existing conditions around the site include partial improvements on both abutting public streets. The General Plan standards for improvements that will be required in conjunction with this project are consistent with other recent road improvements in the vicinity. 43 r�r SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" The construction of the required improvements will continue the process of implementing the adopted General Plan Circulation Plan. Exhibit 11 shows the proposed cross sections for the streets affecting the project. In addition to pavement, curb, gutter, median and sidewalk/bike path improvements, financial participation in the traffic signal planned at the project's main access point (Highway 111 and La Quinta Centre Drive) is anticipated. As stated in earlier sections the phasing of the public improvements will be commensurate with the level of development that they are intended to serve. Occupancy of any structure within the plan will be contingent upon completion of the necessary public improvements. 2.80.2 - Public Transportation Demand Management Bus turnouts and shelters shall be provided as a part of the project's public street improvements pursuant to requirements of SunLine Transit, the Public Works Director and CalTrans. 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. 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 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 C'L' 1 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 a main 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. 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. 45 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 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. TREES ACACIA SMALII ACACIA STENOPHYLLA CERCIDIUM FLORIDUM CERDIDIUM PRAECOX GEIJERA PARVIFOLIA LYSILOMA THORNBERI SOPHORA SECUNDIFLORA PALMS CHAMAEROPS HUMILIS WASHINGTONIA FILIFERA WASHINGTONIA ROBUSTA PHOENIX DACTYLIFERA MASTER PLANT LIST SWEET ACACIA SHOESTRING ACACIA BLUE PALO VERDE SONORAN PALO VERDE AUSTRALIAN WILLOW FEATHER BUSH TEXAS MOUNTAIN LAUREL MEDITERRANEAN FAN PALM CALIFORNIA FAN PALM MEXICAN FAN PALM DATE PALM (ACCENT ONLY) me SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" ARECASTRUM ROMANZOFFIANUM QUEEN PALM (ACCENT ONLY) BRAHEA ARMATA MEXICAN BLUE PALM (ACCENT ONLY) SHRUBS CAESALPINIA PULCHERRIMA CASSIA SPECIES ENCELIA FARINOSA JUSTICIA SPICIGERA LEUCOPHYLLUM C. SPECIES NERIUM OLEANDER'PETITE PINK' NOLINA PARRYI RAPHIOLEPIS I.'SPECIES' SALVIA G. 'SIERRA LINDA' SIMMONDSIA CHINENSIS 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 RED BIRD OF PARADISE CASSIA BRITTLE BUSH MEXICAN HONEYSUCKLE TEXAS RANGER DWARF OLEANDER DWARF MEXICAN GRASS TREE INDIA HAWTHORN SAGE JOJOBA 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 47 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 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. The La Quinta Corporate Centre plan has four signs, two on Highway 111 and two on Dune Palms Road (Exhibit 12). 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 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) MM 4kel SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. m m m m i i i S m m> m i m s m m s s Exhibit 11 Preliminary Grading Plan "NIERO, SMITH AND ASSOCIATES, INC. PLUOMtO / CM ENGINEERING / UM SUffXMG F La Quinta Corporate Contra Specific Plan 7" X. TAAQUM CANYON WAY. 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J [[ Q O Z W C) Q J U� x o v7 I 54 1 1 �CBDL-CZC XYd / IIDO-OZC (ODA) ZNOIId=-L 7 I C VZ NOII.^ J�S #OZP-ZDZZ6 YINBOMYJ SDAMS Irnd G IOC S.LIgS :SY/f AlO.(N1J ZLllIDIlYl '3 L!l u8ld ailtaads as}uao a}�eaodao� E}UICI� ie'j DMAZA S aNrl / DNI83ZNIDNZ MID / DMNNPId :. S :c> V c7 :C> V oA(I S3.LVIDOSSV aNV H.LINS 'OUSINNN 9L I!a!uX=:l J Q O CL Q LL O U) z O F- Q z O U 00 0 W F- Q _z J w F- m 55 2 X w �� s � � s � � � � w w t t t w t t SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A APPENDIX ONE GENERAL PLAN POLICIES 56 441 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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 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. 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. Policy 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. 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. 57 44^ SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" TRAFFIC AND CIRCULATION ELEMENT 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 "U . 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. 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. 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. 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 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' 443 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. The Plan will comply with adopted design standards. 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. 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), unless otherwise allowed by the Planning Commission. Buildings outside of the height restricted area may be up to 35 feet high. 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 The plan complies with this policy. Biological Resources Policy 3: "Native, drought-tolorant desert plant materials shall be 59 444 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. 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. 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. 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 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." 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. 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. 60 44 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Specific Plan 99-036, Amendment #2 Exhibit "A" 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. INFRASTRUCTURE AND PUBLIC SERVICES Flooding and Hydrology Policy 5.1 (2nd 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. AIR QUALITY ELEMENT 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. 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. 61 4 4 G CITY COUNCIL RESOLUTION NO. 2003- EXHIBIT "B" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-036 (AMENDMENT #2) - LA QUINTA CORPORATE CENTRE DAVID AND JAMIE REULMAN MARCH 4, 2003 GENERAL 1 . Condition previously deleted; condition number retained. 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) • Caltrans 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 construction permits, the applicant shall submit a copy of the CWQCB 62 447 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 63 acknowledgment of the applicant's Notice of Intent prior to issuance 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 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 right of way 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 1 1 1 to 300 feet north and taper from that point northerly to 44 feet. C. Corporate Centre Drive - 64-foot right of way from western boundary (connecting to 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 63 t5 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 64 expire when the industrial road is completed and the cul-de-sacs removed. D. Commerce Court (cul de sac) - 64-foot right of way. 8. Street right of way geometry for culs 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, Corporate Centre Drive, and Commerce Court - 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 land, 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. 449 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 65 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. 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. 65 4 )0 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 66 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. 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 grading or building 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 66 4�1 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 67 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. 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) to the Public Works Department. 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. 67 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 68 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 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. .: City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 69 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. 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. Corporate Centre Drive (formerly Industrial Road) - 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 We City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 70 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 (APN: 649- 020-006), 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. 39. Condition deleted (same as Condition #8); condition number retained. 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. 70 City Council Resolution No. 2003- Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 71 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. 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 Highway 1 1 1 curb return. 71 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 72 D. Access drives from arterial streets , Adams Street a Dune Pe'ms Read) 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 curb face of Highway 1 1 1 (excluding parcels in Planning Area #4), and -58 39 feet from the curb face of Dune Palms Road. Parking accessways for Planning Area #4 onto Highway 111 shall be setback a minimum distance of 50 feet from the property line, subject to approval of a Site Development or Conditional Use Permits. E. Corporate Centre Drive - 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 -rats share of the commercially reasonable cost of construction and maintenance of the shared access routes (including signal if applicable). Such provisions shall provide for arbitration of disputes regarding the provision of the agreement. 72 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 73 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. 73 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 74 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 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. 74 City Council Resolution No. 2003- Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 75 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 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 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. 75 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 76 66. The tenants and property owners shall be responsible for the maintenance of parking areas, interior roadways, sidewalks, landscaping and other common area amenities through a common association. 67. Condition completed; condition number retained. 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 9.1 Q0 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 signs 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. 76 City Council Resolution No. 2003-_ Exhibit "B" Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #2) - La Quinta Corporate Centre Adopted: March 4, 2003 Page 77 70. The applicant shall comply with the mitigation measures contained in EA 99- 383 (City Council Resolution 99-1 10). 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. 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. 77 CITY COUNCIL RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A TWO-STORY COMMERCIAL BUILDING AT 78-441 CORPORATE CENTRE DRIVE, SUBJECT TO CONDITIONS CASE NO.: SITE DEVELOPMENT PERMIT 2002-756, RADIO ACTIVE APPLICANT: DAVID AND JAMIE REULMAN Assessor's Parcel Number: Portion of 649-020-049 Parcel "A" of Lot Line Adjustment 2002-377 Portion NW Y2 of Section 29, T5S, R7E SBBM WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution No. 83-63) in that the Community Development Director has determined this request has been previously assessed in conjunction with Environmental Assessment 99-383, prepared for Specific Plan 99-036, for which a Mitigated Negative Declaration of Environmental Impact was certified by the City Council on September 7, 1999, by Resolution No. 99-110, and that no changed circumstances, conditions or new information has been provided that would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21 166; and WHEREAS, the City Council of the City of La Quinta, California, did on the 7t" 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; and WHEREAS, the City Council of the City of La Quinta, California, did on the 41" day of June, 2002, approve changes to the Specific Plan development standards and design guidelines for the 36 ± acre development in support of Site Development Permit 2002-734 for the Sky West Corporation by adoption of Resolution No. 2002-85; and WHEREAS, on December 11, 2002, the Community Development Department mailed case file materials to all affected agencies for their review and comment. All written comments are on file with the Community Development Department; and 78 4" City Council Resolution No. 2003-_ Site Development Permit 2002-756, Radio Active David and Jamie Ruelman March 4, 2003 Page 2 WHEREAS, the City mailed public hearing notices to all property owners and those within 500 feet of the project site on January 17, 2003, pursuant to Chapter 9.200 of the Zoning Ordinance and published a notice in the Desert Sun newspaper on January 26, 2003. All written correspondence is on file with the Community Development Department; and WHEREAS, the Architecture and Landscape Review Committee, on January 8, 2003, at a regular meeting, recommended approval of the architectural and landscaping plans by adoption of Minute Motion 2003-002, subject to conditions; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of February, 2003, hold a duly noticed Public Hearing to consider the request of David and Jamie Reulman to approve the architecture, landscape, site, and lighting plans for a two-story office/showroom building on one acre in the Regional Commercial Zone District within Specific Plan 99-036 (Planning Area #4), located at the southwest corner of Dune Palms Road and Corporate Centre Drive, and on a vote of 5-0 adopted Resolution 2003-007 (previously Resolution 2003-006), subject to findings and conditions; and WHEREAS, the Community Development Department mailed public hearing notices to all property owners and those within 500 feet of the project site on February 12, 2003, pursuant to Chapter 9.200 of the Zoning Ordinance and published a notice in the Desert Sun newspaper on February 19, 2003 for the March 4, 2003 City Council meeting. All written correspondence is on file with the Community Development Department; and WHEREAS, the City Council of the City of La Quinta, California, did on the 4t" day of March, 2003, hold a duly noticed Public Hearing to consider the request of David and Jamie Reulman to approve the architecture, landscape, site, and lighting plans for a two-story office/showroom building on one acre in the Regional Commercial Zone District within Specific Plan 99-036, located at the southwest corner of Dune Palms Road and Corporate Centre Drive; and City Council Resolution No. 2003-_ Site Development Permit 2002-756, Radio Active David and Jamie Ruelman March 4, 2003 Page 3 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 find the following facts and reasons to justify approval of said Site Development Permit pursuant to Section 9.210.010 of the Zoning Code: 1 . Consistency with General Plan. The proposed showroom/office building is in a regional commercial area which allows uses such as the Radio Active project which is also consistent with the policies and goals of Specific Plan 99-036, a master planned 36 + acre development. 2. Consistency with Zoning Code. The proposed showroom/office building is consistent with the development standards of the Regional Commercial Zoning District, and has been designed to comply with the development standards of Specific Plan 99-036 (Amendment #2) with regard to setbacks, building height, lot coverage, exterior lighting, and parking requirements. 3. Architectural Design. The proposed architectural design of the showroom/office building is consistent with the adopted design guidelines of Specific Plan 99- 036 in that facade elements are staggered and different materials are planned to enhance the architectural style used in adjacent buildings. The proposed storefronts and varied roof heights enhances streetscape views and enhance adjacent commercial developments. 4. Site Design. As conditioned, the previously graded site is designed to be consistent with the circulation pattern for Planning Area #4 in Specific Plan 99- 036 and complements surrounding commercial land uses. Public access to the proposed Radio Active building will be adequate in that vehicular and pedestrian access will be via hardscape surfaces surrounding the building. The proposed project is physically suitable for the one acre property and requires shared access driveways on Corporate Centre Drive and Dune Palms Road. 5. Landscape Design. As conditioned, the proposed landscape plan is consistent with the landscape guidelines of Specific Plan 99-036 in that the proposed plant list complies with the master plant list thereby enhances existing La Quinta Corporate Centre development. A variety of plant materials will provide screening of parking areas and building facades to lessen the impact of the two story building mass; plant materials are conducive to the desert climate. The G:\SDP756 RadioActive\Reso CC Sdp756 RadioActive.wpd 80 4C City Council Resolution No. 2003-_ Site Development Permit 2002-756, Radio Active David and Jamie Ruelman March 4, 2003 Page 4 proposed project would not be disruptive to existing and future commercial uses because site improvements consist of adequate planting areas. 6. Sign Program. As conditioned, the proposed channel letter signs for the building are consistent with Chapter 9.160 of the Zoning Code and Specific Plan 99-036 in that the signs are limited to north and east facades. 7. Lighting Design. As conditioned, exterior lighting for security is consistent with the City requirements to provide a variety of lighting types with cutoff fixtures ensuring glare is not created. 8. Infrastructure. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is in a developed urban area where services are provided. The project is allowed to divert stormwater to temporary off -site retention basins or into the improvements provided by Site Development Permit 2000-669 (J. Paul buildings), subject to the rules and regulations of Specific Plan 99-036. 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; and 2. That the project is in compliance with the provisions and conditions of Specific Plan 99-036 (Amendment #2) and Environmental Assessment 99-383 as designed; and 3. That it does hereby approve Site Development Permit 2002-756 for the reasons set forth in this Resolution, subject to the conditions attached hereto (Exhibit „A „) . City Council Resolution No. 2003-_ Site Development Permit 2002-756, Radio Active David and Jamie Ruelman March 4, 2003 Page 5 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 4t" day of March, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, 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 82 ,� CITY COUNCIL RESOLUTION NO. 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-756, RADIO ACTIVE DAVID AND JAMIE REULMAN MARCH 4, 2003 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 applicant 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 • 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 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. 3. Unless a building permit is acquired within one year, this permit shall expire as set forth in Section 9.210.010 of the Zoning Code unless a time extension is applied for and granted by the Planning Commission. The City of La Quinta's Municipal Code can be accessed on the City's Web site at www.la-quinta.org. LANDSCAPING 4. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 5. The applicant shall provide landscaping in the required setbacks. 83 5 CITY COUNCIL RESOLUTION NO. 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-756, RADIO ACTIVE DAVID AND JAMIE REULMAN MARCH 4, 2003 PAGE 2 6. Landscape and irrigation plans for landscaped lots and setbacks 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. 7. 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. 8. The final landscaping plan shall indicate the following design elements: A. The trees used throughout the site shall be eight to ten feet in height with a minimum container size of 24" box and a minimum trunk caliper size of 1 .5- inch per Specific Plan 99-036. B. 50% of the parking lot surfaces shall be shaded by trees or permanent structures. C. Additional triangular tree wells shall be included along the north side of the building within the parking lot to assist with the compliance of Item B. D. Small planters on the north side of the building may be eliminated during the preparation of the final working drawings. E. 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. MAINTENANCE 9. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 4r.1 CITY COUNCIL RESOLUTION NO. 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-756, RADIO ACTIVE DAVID AND JAMIE REULMAN MARCH 4, 2003 PAGE 3 10. 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 11 . 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. FIRE DEPARTMENT Conditions are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. Final conditions will be addressed when architectural 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 the meaning of the Fire Department conditions should be referred to the Fire Department Planning & Engineering staff at (760) 863-8886. 12. Approved super fire hydrants, shall be located not less than 25 feet nor more than 165 feet from any portion of the first floor building as measured along vehicular travel ways. 13. Blue dot reflectors shall be placed in the street 8-inches from centerline of the side that the fire hydrant is on, identify the fire hydrant locations. 14. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled (NFPA 13 Standard). Sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 15. Any turns, or turnaround areas, require a minimum 38-foot turning radius. 16. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 85 CITY COUNCIL RESOLUTION NO. 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-756, RADIO ACTIVE DAVID AND JAMIE REULMAN MARCH 4, 2003 PAGE 4 17. A minimum dimension for access roads is 20 feet clear and unobstructed width and a minimum vertical clearance of 1 T-6" in height. 18. 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 the site. Two sets of water plans are to be submitted to the Fire Department for approval. 19. The 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. 20. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. SHERIFF'S DEPARTMENT All questions regarding the meaning of the public safety conditions should be referred to Senior Deputy Andy Gerrard at (760) 863-8950. 21. Prior to construction of any building structure, a material storage area shall be established and enclosed by a six-foot high chain link fence. 22. A list of serial and/or license numbers of stored on -site equipment shall be kept in the construction office along with a list of contractors (e.g., addresses, phone numbers, etc.). 23. Roof access ladders shall be located inside the building. 24. All exterior light fixtures shall be tamper resistant and placed high enough to discourage vandalism. 25. The building address shall be clearly visible from the street using 12" high internally illuminated letters. The building address shall be posted on the rear of the building in 4" high letters. $1 71 CITY COUNCIL RESOLUTION NO. 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-756, RADIO ACTIVE DAVID AND JAMIE REULMAN MARCH 4, 2003 PAGE 5 26. Additional security measures as outlined in the police departments memo of December 12, 2002, shall be met unless impractical. MISCELLANEOUS 27. All public agency letters received for this case are made part of the case file documents for plan checking processes. 28. Prior to issuance of a building permit, the following items shall be taken care of: A. Parking lot lighting shall be adequately shielded to prevent glare from being cast onto adjacent properties and placed so that tree growth does not interfere with the lighting needs of the site. B. 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 building complex, a visual inspection shall be made by the Community Development Department from all sides of the building from a distance of 800 feet to confirm that the parapets conceal any roof mounted equipment. C. Pursuant to Section 9.160.050 (Table 9-19) of the Zoning Ordinance, no more than two permanent building identification signs shall be allowed, provided the signs are oriented to be viewed from adjacent streets. Each building sign shall be limited to 25 square feet to ensure that no more than 50 square feet of sign area is permitted for this single tenant building. Future building identification signs may be internally illuminated using channel -style letters. Final building sign exhibits shall be submitted to the Community Development Department along with the filing of a Sign Permit Application and required application fees during the preparation of the final construction plans. D. One bicycle storage rack shall be installed. 29. Minor amendments to the plans shall be approved by the Community Development Director. Major changes to the overall design of the development shall required Planning Commission review. 87 CITY COUNCIL RESOLUTION NO. 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-756, RADIO ACTIVE DAVID AND JAMIE REULMAN MARCH 4, 2003 PAGE 6 30. In the event that the permittee violates or fails to comply with any of the Conditions of Approval of this permit, no further permits, licenses, approvals, certificates of occupancy shall be issued until such violation has been fully remedied. 88 `t T i SPECIFIC PLAN THE LA QU/NTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner ATTACHMENT 1 Exhibit 5 — Site Plan AUTO CENTER Revised - 5/14/2002 G:\SP36 LQCorpText2002.wpd-Greg/Page12 -oll w ay I I I -4711 n S 9 ATTACHMENT 2 RA Ritz cl ro� 16 R=5.32.00' L L- 151.35' EX 8' VCP N8Q c ice 0 112' 32' 1.0% VACANT p E 1.2X 5.07E all Il�t��l I CL 26 z F.F.= 65.00 PAD=, 64.5 14 i!l jj�l d 15' 15' 20' I ESMT -ESMf-'- 4D 4.aZ 4.W9 .00 74 FL 65-- GAR., 64.76 p TC/FS p C3 C3 E3 -0.7% YM14'49'E 206.35' 111 (64)-- E.VSTING DRIYEW�y 67) IF 2:1 MAX 'p Pliop. C & G 149),. ; ., h ll � II I EX USA GAS STATION o v q t e ® 61". ATTACHMENT 3 ph/111111iti i (ll'll L 11llli' i L Ulh 1CIt"i Pl'i11 777 East "lithyuitz Canyon Wad Suite 301 / Palm Springs. Califorma 92262-6 7S Telephone (760) 20-9511 / FAX (760) �'?)-7893 • e-mail infoCniainierosmith.com o www.mainierosill ith.Com, January 31, 2003 Mr. Rich Butler, Chairman City of La Quinta Planning Commission 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253-1504 Re: Amendments to Specific Plan 99-036 La Quinta Corporate Centre Access to/from State Highway 111 Kleine Building and Development, Inc. Dear Mr. Butler: We represent Keine Builiding and Development, Inc. who plan to develop the 6-acres of currently vacant land located west of the existing USA service station and mini -mart located at the northwest corner of Highway 111 /Dune Palms, and west of the proposed Radio Active facility to be located at the southwest corner of Corporate Centre Drive/Dune Palms Road as shown on the attached map. We have met with Mr. Greg Trousdell and Mr. Oscar Ord of the Department of Community Development, several times, and our preliminary site plan was reviewed by the Community Development Department in November of 2002. We request that the requirement of the Specific Plan which specifies the throat depth for access drives from Highway 111 be changed from 82 feet to 50 feet. It is our understanding that a similar request is being made by Radio Active to reduce the throat depth on the access from Dune Palms Road from 50 feet to 38 feet. 4 7 r► Mr. Rich Butler January 31, 2003 Page Two We expect to make a formal submittal of our Site Plan to the Community Development Department on February 15, 2003. We will be present at your Planning Commission Meeting on February 11, 2003, to try to answer any questions that you may have regarding this matter. If you have any questions in regard to the above, please do not hesitate to contact us. Very truly yours Robert J. Mainiero, P.E. RJ M : kl cc : Neil Kleine Greg Trousdell Mainiero, Smith and Associates, Inc. 777 East Tahquitz Canyon Way, Suite 301 / Palm Sprin«s. California 9''2('_'-6784 /Telel)hone (760) 320-981 1 / FAX (760) 32-3-7893 e-mail i»l-oCi`mainierosmitli.coni • www.niainierosiiiltlh.coiiI Planning Commission Resolution 2002-048 Conditions of Approval - Adopted Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre May 14, 2002 Page 9 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 4.511/6.0011 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. 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 curbfac4 7 3 of Highway 1 1 1, and 50 feet from the curbface of Dune Palms Road. G:\SP36 CorpCenter2002\CondSP99036#1 LQCorp2002.wpd-Greg C, 3 36' 0 105' BUILDING 2 7,000 S.F. v n Ohl LoZN wl7 r N BUILDING 3 9,000 S.F. !�-r I' 4� 53' N N cv R "oRS� HIGHWAY 111 SCALE 1"=40' Access exhibit L14KIB,.E I"E NG & DEVELOPMENT INC. Neil Kleine President 41910 fjoarcwaik, Suile A-10 • Palm Desert California 92211 (760) 776-4840 • Fax: (760) 776-4842 CA. B 390365 - AZ. x 141155 aNMAINIERO, SMITH AND ASSOCIATES, INC PLANNING /CIVIL RNONMI?MG / LAND SURYls' WG N&F 1777 E. Z"QU= CANYON WAY, SUITE' 301 P" SPRINGS, CANE MU a2262-67N T1sLffH0NS (700) 320-9611 / PAK 323-7693 ,a I RE%VXM ME LA DUIN-rA PLAZA SITE EXHIBIT JANUARY 31, 2003 �. cwE � lm � �„Lw cwwA^ SITE PLAN CpRPORq\ DATA ,CW.-.E &asAc m A7"m.F mm AC� �,M .. „� of EB 08 PwPgno r® wcme rac® cis r+Arcr.An °pats, K >< Z s 11 m i I I • a FL I • � i I RADIO ACTIVE �-------------"�-�-- I 1 BULDM S k I �cc r SAM $F. t , c e • f f SERVICE STATION W , BULDMG I BULD ING 2 & MN MART � I n Z ,.OW &F. — 7AM t , D p I ------- - I HIGHWAY 111 ----------------------1 61K LE I tV E v N^II Riem: .w��. 4 ,S F/ ATTACHMENT 4 Architectural & Landscape Review Committee Minutes January 8, 2003 10. Committee Member Thoms also asked for clarification as to whether request can be made for site work only or ar itectural work as well. 1 1 . There being no further discussion, it was moved d seconded by Committee Members Cunningham/Thorns to c tinue CPIP 2003- 020, with direction to staff for a clear /_eIa nation as to the policies and criteria of the program. Unanously approved. B. Site Development Permit 2002-757; request of Affiliated construction/La Quinta Developers. for r view of architecture and landscaping plans for a 5,000 square foot o story office building in the La Quinta Professional Plaza located wit Parcel 3 of Parcel Map 29889 at the southeast corner of Avenue 47 nd Washington Street. 1. Committee Member Thoms ated he does reside within Lake La Quinta, but has no real proj ct interest within a 500-foot radius of the project. 2. Associate Planner W lace Nesbit described the project and introduced the appliclnis for the project. 3. Committee M/dierent r Thoms stated the color on the renderings appears to be on the east and west elevations. Staff stated the colords were a better indicator and but the project colors will cooe with the existing buildings. 4. Committee member Cunningham stated it mirrors all the other architectur treatments at the site and he as no objections. 5. Committ e Member Thoms asked staff why they were asking the Commi ee to review the west elevations. Staff clarified it was to ensur it matches up with the rest of the complex. 6. Thee being no further discussion, it was moved and seconded by Co mittee Members Cunningham/Thoms to adopt Minute Motion 2 03-001 recommending approval of Site Development Permit 002-757 as submitted. Unanimously approved. B. Site Development Permit 2002-756; a request of David and Jamie Reulman/Radioactive for review of architectural and landscaping plans for a 15,248 square foot two story commercial building at 78-41 1 Corporate Centre Drive the southeast corner of Corporate Centre Drive and Dune Palms Road. G:\WPDOCS\ARLC\1-8-03.wpd 3 Architectural & Landscape Review Committee Minutes January 8, 2003 1 . Associate Planner Greg Trousdell gave an overview of the project and introduced the applicants for the project. Mr. Ricciardi gave a further presentation of the project. 2. Committee Cunningham questioned the "living quarters" in the structure. Mr. Reulman explained it was a showroom simulation to show what can be done in a house. 3. Committee Member Thoms asked if the driveway would extend for this project. Mr. Ricciardi indicated where the location. Ray Martin, landscape architect, explained the revised landscape plan. 4. Committee Member Thoms stated the rock outcropping does not mix with the retention basin. Staff indicated the plans are being reviewed by the Public Works Department and staff has not had the opportunity to review it. This retention basin is for nuisance water only. The entire site has been required to drain to the north into the CVWD Channel. Committee Member Thoms stated that if the retention basin is required for the corner, this landscape plan does not work. He would agree that this retention basin should not be eliminated. 5. Committee Member Thoms asked that the plant material between the planter and where the cars park be eliminated as the plants only get trampled. On the side were there are no cars to be parked, it can remain. He expressed concern about the roll -up doors on the west side that will be open during business hours. If this is a shared driveway, it could be unsightly. Mr. Ricciardi stated he has spoken with the developer to the west and his office is being designed to hide their bays. 6. Committee Member Bobbitt asked if there was any theme for this park. Staff noted each building was to be its own theme and stand alone. 7. There being no further discussion, it was moved and seconded by Committee Members Thoms/ to adopt Minute Motion 2003-002 recommending approval of Site Development Permit 2002-756 as amended: 1 . The plant material shall be removed from the area in fron ,^, of the cars. 1� `' G:\WPDOCS\ARLC\1-8-03.wpd 4 r , 7 Architectural & Landscape Review Committee Minutes January 8, 2003 2. Applicant is to work with staff to eliminate the retention basin in front of the project. If the retention plan is required, the applicant is to work with staff to see that the landscape plan works with the retention basin. Unanimously approved. C. Site Development- ; a request of Cornerstone Developers for r view of prototype architectural and model home landscaping plans for fo r residential unit plans located within Tract 30521 at the northeast corner f Washington Street and Miles Avenue 1. Pri %lascape l Planner Stan Sawa, gave an overview of the project and inted Joe Swain, Cornerstone Developers, and Ray Lopez, the architect for the project. 2. Committe Member Bobbitt asked for clarification as to whether or not he s in conflict with the project. Staff clarified he was not in conflic . 3. Committee Mem er Thoms recommended eliminating the windows on the garage do s. He also recommended there be pedestrian access between t e models and the parking lot before the landscaped corner. Mr. Lopez stated he would extend the handicapped walkwa to allow access. Committee Member Thoms asked that there a some slight mounding to the lawn area also and remove the trian le portion of the landscaping on Lot 8 at the sidewalk. 4. Committee Member Bobbitt st ed his personal opinion is that he is not a big fan of the use of de6qmposed granite. 5. Committee member Cunningham a %nooblems that they be required to use the decorative chimney caps. than that, the project is in keeping with the area and he has with the project. 6. Mr. Swain questioned the need for a mea ering wall as well as the sidewalk. Committee Member CunninghaV stated the general rule is to have in -fill projects blend in with the djoining projects and yet bring their own character to the area. n regard to the wall, he would suggest they take advantage of th high visibility G:\WPDOCS\ARLC\1-8-03.wpd 5 8 ATTACHMENT 5 Planning Commission Minutes February 11, 2003 corrections, i was moved and se ded by Commissioners Abels/Rob ' s to approve the mi es as modified. Unanim y appro d. B. ,e department Report: We. V. PRESENTATIONS: None VI. PUBLIC HEARINGS: None A. Specific Plan 99--036 and Site Development Permit 2002-756; a request of David and Jamie Reulman (Radio Active) for an amendment to the Specific Plan to allow certain changes to design guidelines and review of architectural, landscape, site, and lighting plans for a 15,248 square foot two story commercial building located at 78-441 Corporate Centre Drive. 1. Chairman Butler 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 Butler asked if there were any questions of staff. Commissioner Robbins questioned why the applicant was requesting a reduction of the street throat depth. If he remembers correctly, this was discussed extensively when it was first approved and staff strongly recommended these widths for stacking purposes. Assistant City Engineer Steve Speer stated the conditions contained in the original specific plan were those required by the Municipal Code at that time. The depth of the aisle is reflected by the number of parking spaces in the parking lot. There is a possibility to reduce some of them, but not to the level the applicant is requesting. Commissioner Robbins confirmed the Public Works Department staff was not recommending approval of the request. 3. Commissioner Tyler stated it appears that Home Depot has a "0" setback for their drive aisles. Assistant City Engineer Steve Speer stated there are some setbacks like that. 4. Commissioner Kirk asked if the original specific plan required a 50 foot setback. Staff stated yes, on Dune Palms Road. The gas station, which is part of this specific plan, exists to less than the standard. Staff is uncertain how this happened but, Radio Active . G:\WPDOCS\PC Minutes\2-11-03.wpd 2 Planning Commission Minutes February 1 1 , 2003 is now asking for the same design solution. Commissioner Kirk asked if staff was requesting to retain the existing specific plan requirements, or go with the applicant's request. Staff reviewed the original specific plan development requirements. 5. Commissioner Robbins asked if we were pushing the parking lot back or the access to the parking lot. Staff indicated the drive aisle would have to come out another 11 feet before the aisle can occur; the entry bulb will be enlarged. The building could be redesigned to accomplish this driveway enhancement. Commissioner Robbins asked if the intent of the longer drive aisle was to separate the incoming traffic from the traffic inside the site. Staff stated yes, in theory. Discussion continued. Commissioner Robbins stated he thinks this is similar to the other gas station on Adams Street. He agrees with lining this up, but two wrongs don't make a right. 6. Commissioner Tyler questioned the "existing AM/PM" wording on the map. Staff stated it is a composite drawing and they are just noting it as a convenience facility to the south. Commissioner Tyler stated he could find no reference in the specific plan regarding what the street access for the shared driveway should be for Dune Palms Road. Assistant City Engineer Steve Speer stated Dune Palms Road is a Secondary Arterial with no raised median and it is almost impossible to enforce any kind of a turning movement restriction. Commissioner Tyler stated his concern was that Dune Palms Drive is currently striped with a double -double yellow line which prohibits left turns in or out of the access which has created a problem. Staff stated there is no way to create a turning pocket at this location until the other side of the street is developed and the street widened. Commissioner Tyler stated that if the police enforce the left turn movement it will create a worse situation somewhere else. He believes this situation as currently designed is impossible. Staff stated that at this particular location it is virtually impossible to enforce turning restrictions. If we don't like this then we have to change what we approve. 7. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Bob Ricciardi, architect for the project, suggested using temporary stanchions along with signs prohibiting a left turn in until the street can be developed to its ultimate width could possible solve this situation. He also stated their site plan is an improvement over the G:\WPDOCS\PC Minutes\2-11-03.wpd 3 4 ' 4 Planning Commission Minutes February 11, 2003 specific plan exhibit in that they are not proposing any parking on the southernmost access driveway and they have aligned their driveway with the J. Paul Building. 8. Chairman Butler asked if there was any other public comment. Mr. Bob Mainiero, engineering representative for Klein Development who is developing the six acres to the west of the USA Gas Station discuss the problem of the throat width on Highway 1 1 1 as it related to their project. In their opinion, the problem came with the development of the USA Gas Station. If the throat depth is measured from the point of a car backing out, they meet the requirement. He noted the location where the problem exists on the site plan. Discussion followed as to the pattern of access to the site and why they needed relief from the condition. 9. Commissioner Kirk asked staff for their opinion on the problem. Assistant City Engineer Steve Speer stated they should be measuring out to the curb line at Highway 1 1 1, which is approximately 70 feet. Mr. Mainiero stated that if that was true, they would have no problem. 10. Commissioner Robbins asked if the driveway to the gas station is nonconforming. Staff stated it is and the applicant has the right to make their request to the Commission. If staff believes it should be different, they can recommend condition changes. The drawing in the specific plan, although it showed the access aisles, the reality is that the conditions required something different. When USA Gas developed, the conditions were not followed. 11. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 12. Commissioner Tyler asked for an explanation what they were approving. Associate Planner Greg Trousdell stated that on this exhibit, the curb transitions away from the site and the current property line transitions along Highway 1 1 1 at offset alignment. 13. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Resolution 2003-006, approving Specific Plan 99-036 Amendment #2 as recommended:. G:\WPDOCS\PC Minutes\2-11-03.wpd 4 Planning Commission Minutes February 11, 2003 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 14. It was moved and seconded by Commissioners Abels/Kirk to adopt Resolution 2003-007 approving Site Development Permit 2002- 756, subject to the conditions as amended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Kirk excused him elf due to a potential conflict of interest due to the proximity of his residence to a project, and left the dais. B. - ; a request of La Quinta Grill for an Or to alter the building"layout for two office buildings and convert the existing residential building to office use on the east side of Avenida Bermudas, between Calle"Cadiz and Calle Barcelona. rE h` 4' 1.: Chairman Butler asked for the staff report. Planning Manager b. Oscar Orci presented the information contained in the staff report, r a copy of which is on file in the Community Development �V Department. 2. Chairman Butler asked if there were any questions of staff. j� Commissioner Robbins asked why the sidewalk/issue was not l being addressed at this time. Staff stated it has"not been required of other applicants and this applicant is willing to provide a part of the sidewalk. Commissioner Robbins asked if the sidewalk could be routed onto the property. Staff stated we could work with the applicant to accomplish this. 3. Chairman Butler asked staff to explain what was b ng `demolished. Staff stated the, amendment was to leave the existing residence to an office building instead of demolishing it., 4. Commissioner Tyler questioned the distance from Bermudas of the new building and if,/1he code allowed this. Staff'stated it was a determination rmination of 'the PC. Commissioner/Tyler questioned G:\WPDOCS\PC Minutes\2-11-03.wpd 5