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2006 05 02 CCeaf 4 44dha City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting MAY 2, 2006 — 2:00 P.M. Beginning Resolution No. 2006-043 Ordinance No. 427 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and 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 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. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR THOMAS P. GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATOR: CHICAGO TITLE. City Council Agenda 1 May 2, 2006 2. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MICHAEL O'CONNOR, AND JOHN RUIZ REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS 3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c). 4. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTER DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF PROCLAMATION IN SUPPORT OF MAY AS MOTORCYCLE AWARENESS MONTH. WRITTEN COMMUNICATIONS - NONE City Council Agenda 2 May 2, 2006 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 18, 2006. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED MAY 2, 2006 2. ACCEPTANCE OF CAPITAL IMPROVEMENT PROJECT NO. 2000-1 1 A, LA QUINTA PARK INTERACTIVE WATER FEATURE. 3. APPROVAL OF A CONTRACT FOR VOICE OVER INTERNET PROTOCOL TELEPHONE COMMUNICATION SYSTEM AND UNIFIED MESSAGING SYSTEM. 4. APPROVAL OF A REQUEST BY THE RIVERSIDE COUNTY PROBATION DEPARTMENT TO UTILIZE THE CITY COUNCIL CHAMBERS FOR A JUVENILE JUSTICE DELINQUENCY PREVENTION COMMITTEE MEETING ON TUESDAY, MAY 9, 2006, 12:30 PM TO 4:00 PM. 5. APPROVAL OF RATIFICATION OF A CONTACT WITH MOCON CORPORATION BY THE CITY MANAGER FOR THE MORRIS AVENUE STORM DRAIN REPAIR. 6. APPROVAL TO AWARD A CONTRACT TO DBX, INC., FOR THE CONSTRUCTION OF THE DUNE PALMS ROAD AT WESTWARD HO DRIVE STREET IMPROVEMENTS, PROJECT NO. 2004-07A. BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF ELECTION RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006. A. RESOLUTION ACTION(S) 2. CONSIDERATION OF COUNCIL MEMBER OSBORNE'S REQUEST FOR RECONSIDERATION OF A PUBLIC HEARING TO CONSIDER RESOLUTIONS CERTIFYING ENVIRONMENTAL ASSESSMENT 2005-557 AND APPROVING TENTATIVE TRACT MAP 34243, THE SUBDIVISION OF 20 ± ACRES INTO 70 SINGLE-FAMILY LOTS, LOCATED ON THE NORTH SIDE OF AVENUE 58, 1000 ± WEST OF MADISON STREET. A. MINUTE ORDER ACTION City Council Agenda 3 May 2, 2006 31 STUDY SESSION — NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. SILVERROCK SUBCOMMITTEE 18. COMMUNITY SERVICES COMMISSION MINUTES OF APRIL 10, 2006 19. INVESTMENT ADVISORY BOARD MINUTES OF MARCH 8, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. REPORT REGARDING SCHEDULING OF THE CITY COUNCIL MEETING OF JULY 4, 2006 AND SUMMER SCHEDULE FOR 2006 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT — NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT — NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT — NONE 7. FINANCE DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT — NONE 9. POLICE DEPARTMENT MONTHLY REPORT — NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE City Council Agenda 4 May 2, 2006 MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING HOUSING DENSITY - AT THE REQUEST OF MAYOR ADOLPH. RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. 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 time clock on the speakers podium. PRESENTATIONS — NONE 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 before a public hearing may appear and be heard in support of, or in opposition to, the approval of 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 ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2006/2007. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2006/2007 THROUGH 2O10/2011 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). A. RESOLUTION ACTION J City Council Agenda 5 May 2, 2006 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-552; 2) CASA LA QUINTA SPECIFIC PLAN 2005-076, DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 20-UNIT RESIDENTIAL CONDOMINIUM PROJECT; 3) TENTATIVE TRACT MAP 34038, TO SUBDIVIDE ± 1.23 ACRES INTO ONE RESIDENTIAL PARCEL AND CERTAIN COMMON AREA LOTS; AND 4) VILLAGE USE PERMIT 2005-030, TO CONSTRUCT A 20-UNIT, TWO AND ONE-HALF STORY RESIDENTIAL CONDOMINIUM BUILDING UP TO 38.5 FEET IN HEIGHT, WITH SUB -LEVEL PARKING, INVOLVING PROPERTY LOCATED ON THE SOUTH SIDE OF CALLE TAMPICO, THE EAST AND NORTH SIDES OF AVENIDA VILLA, AND THE NORTH SIDE OF AVENIDA NAVARRO. APPLICANT: BORREGO RESORT HOLDINGS. A. RESOLUTION ACTION(S) ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on May 16, 2006 commencing with closed session at 2:00 PM and open session at 3:00 PM in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of May 2, 2006 was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51- 321 Avenida Bermudas and 78-630 Highway 1 1 1, on April 28, 2006. DATED: April 28, 2006 a3 JUNE S. GREEK, MMC, City Clerk City of La Quinta, California G City Council Agenda 6 May 2, 2006 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, arrangement 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. s City Council Agenda 7 May 2, 2006 City Council Minutes 16 April 18, 2006 Iriana Lopez Aime Luna Sammy Macias Natalie Nguyen Nicolaus Yonekura PUBLIC COMMENT: Alexus Pavia Kenya Perezgil Alexander Romero Vanessa Romero Sally Salas Casandra Valeriano Angel Valle Destiny Vega Lucia Moran, P. 0. Box 1305, stated the Annual Greater Coachella Valley Soap Box Derby was a great success with 13 of the 24 participants being from La Quinta. She indicated they will be asking the cities for financial assistance to ship the two cars back East for the finals. They are considering a super kids challenge for handicapped children next year. Mayor Adolph expressed appreciation for her work on the event. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING TENTATIVE TRACT MAP 34185, THE SUBDIVISION OF 3.14 ACRES INTO TEN SINGLE FAMILY LOTS AND OTHER PARCELS LOCATED 425 t FEET WEST OF JEFFERSON STREET ALONG THE NORTH SIDE OF THE STORM CHANNEL SOUTH OF FIESTA DRIVE ACCESSED FROM HUMMINGBIRD LANE. APPLICANT: SIENNA CORPORATION. Planning Manager Johnson presented the staff report. In response to Council Member Osborne, Public Works Director Jonasson stated e4644 the proposed amendment to Condition No. 47(B)(3)(4) would provide a drep anwn standarddriveway aprr In that would accommodate two- way traffic. The Mayor declared the PUBLIC HEARING OPEN at 7:36 p.m. Mike Rowe, representing Sienna Corporation, stated they are in agreement with the proposed conditions of approval. Council Member Henderson indicated she is disappointed the alternative access did not work out, and noted some of the challenges discussed at the last public hearing have not gone away. She suggested leaving open the City Council Minutes 18 April 18, 2006 local residents to ensure off-street parking is done in a manner that is sensitive to the privacy of neighboring residents. Council Member Henderson indicated she will support the project but feels it's important to have strict guidelines during construction to be as sensitive as possible to the residents' concerns. She doesn't believe the development will create that much traffic but understands the residents' concerns about the property being developed, and is disappointed the developer hasn't spent more time with the neighbors. She noted the City can't deny access to the property, and stated she doesn't know of any legal alternative to the situation. Council Member Osborne commented on it being unfortunate that the alternative access didn't work, and stated he supports the Planning Commission recommendation for nine lots.. Council Member Sniff stated he feels the City has tried to find an adequate and satisfying solution, and hopes the developer will try to minimize the impact to the neighborhood. He doesn't believe traffic will be a serious problem, and stated he will support the project. Mayor Adolph asked if any consideration had been given to an access at the west end of the property. Mr. Johnson indicated the access is wide enough to accommodate the CVWD service vehicles but not as a two-way roadway into this development. Mayor Adolph indicated he is very sympathetic to the resident's concerns but doesn't know of any alternative way to resolve this. He commented on the need for the developer to be very cognizant of the neighborhood during construction. RESOLUTION NO. 2006-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 3.14 ACRES INTO NINE RESIDENTIAL LOTS AND 10E.ANEU LOTS (TENTATIVE TRACT 34185 — SIENNA CORPORATION). It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-037 as amended (amending Condition No. 47(13)(3)(4) to read, "3) The applicant shall construct a standard driveway approach for entry from Hummingbird Lane into the development's private street (Lot A); and 4) The City Council Minutes 35 April 18, 2006 Council Member Sniff stated he feels the emergency access can easily be moved but eliminating lots would require a major reconfiguration. He feels it's a mistake to try to micro -manage the tract. The Mayor declared the PUBLIC HEARING CLOSED at 11.46 p.m. Council Member Osborne suggested letting staff work with the developer on the wall but wants the space between filled if there are two walls. He indicated he also has concerns about. the number of lots on the east side, and suggested widening some of the lots to provide more consistency. RESOLUTION NO. 2006-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-557 PREPARED FOR TENTATIVE TRACT MAP 34243 (INNOVATIVE COMMUNITIES — MASQUE DEVELOPMENT, LLC). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2006-039 as submitted. Motion carried unanimously. RESOLUTION NO. 2006-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 20 ACRES INTO -7A 66 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 34243 - INNOVATIVE COMMUNITIES). It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2006-040 as amended (eliminating 4 lots; addressing the wall issue as discussed; and moving the emergency access to the west side if possible). Council Member Sniff noted reducing it to 66 lots places a burden on the developer to reconfigure the entire project, and questioned it having significant realistic and functional value. He likes the project but will not support the motion because he sees no justification to eliminate four lots. Mayor Adolph stated he feels any reduction in the number of lots should have been done at the Planning Commission hearing, and noted 9,100 square foot lots are not small lots and they fit within the low -density range. He would like to see lower density but doesn't feel the elimination of four lots is Piet going to accomplish it. He stated he would not support the motion. 10 City Council Minutes 41 April 18, 2006 within the plan. There are some policy issues that the Council will need to address in regard to the overall merits of the plan. He indicated staff anticipates bringing the plan before the Council on May 16, 2006. City Attorney Jenson stated the attorneys have had some scheduling conflicts, and hope to meet next week. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Henderson noted the Marine Corp Band will be holding a concert in the City park April 22, 2006. She also referenced an email from Robert Roach regarding Desert Sands Unified School District's consideration of names for the new middle school in La Quinta. One of the names under consideration is Colonel Mitchell Paige, and he is requesting the City support that name. She suggested staff be directed to find out when the issue is being considered and sending a letter in support of Colonel �l;,W4-::Raige Council Member Sniff stated he has suggested naming the school after Ben Montoya, who is a native of La Quinta and an extremely successful role model. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Osborne to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California 11 4 �a�w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 02, 2006 ITEM TITLE: Demand Register Dated May 02, 2006 RECOMMENDATION: Approve Demand Register Dated May 02, 2006 BACKGROUND: Prepaid Warrants: 68127 - 681401 1281,222.80 68141 - 68141 } 134.68 68142 - 681431 54,963.05 68144 - 68160} 21,879.18 Voids} (1909986.15) Wire Transfers} 129,384.85 P/R 33234 - 33248} 151,858.58 P/R Tax Transfers} 40,598.16 Payable Warrants: 68161 - 68310} 961,671.38 $152979726.53 FISCAL IMPLICATIONS: Demand of Cash - City $1,101,152.87 Demand of Cash -RDA $196,573.66 V ,. d,,.�.a:.�r ...«x.��a�auw uaww�caaa��:n:�aax::xttm'�. �u�aw.:.u;.,:.« .wroxx� o;tt:x:..✓ <a, ,:::: a.<w .w-:.:_<,„ a ,yrcmxw ..a.., z: :.., ; John M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR -j- STUDY SESSION PUBLIC HEARING n CITY OF LA QUINTA BANK TRANSACTIONS 04/13/06 - 04/27/06 04/20/06 WIRE TRANSFER - ICMA 04/20/06 WIRE TRANSFER - PERS 04/24/06 WIRE TRANSFER - LANDMARK $7,093.14 $14,939.91 $107,351.80 TOTAL WIRE TRANSFERS OUT $129,384.85 13 r-0 0 I I 0" 1 I \ 1 ]L J 1 �0 I U Q I O I wF- I O 12 0 1 wNw I O w 1 i Q m 1 I a £ I 1 O z 1 I 1-i I I CX F- I I w w I I a. 0 1 I Ct_ I 1 (Dw I F-z I Z ce I Z •-• 1 ►-1 I � Q I F- 1 O F- 1 Z I £ w I O I \ I U I w U I L) I U to I a 1 z ►-+ 1 I Q p 1 I F- LL 1 I ►-+ 0 1 1 £ 1 I u i F- 1 I cc w I 1 z I i v 1 1 I 1 1 I I 1 I 1 I I cc 1 I w I I £ 1 Z 1 Z I 0 1 I U I Y 1 U I Z I d I Q I I m I I 1 I r I I m I I I I � 1 I w I I F- I N 1 I C7 I w � 1 Y I CU 1 w w I F- x I a U 1 p 1 w 1 J I m I a 1 r 100 a I •z a 1 CL I � 1 F- 1 z I I w 0 1 = 0 U 1 U z U I � a 10 I > I I I I 1 I I I I I I I I d 1 N ►+ 1 CC M Z 1 O w •• cc I p £ Ln OY I zd V\ LLZ I wZ .. ►-+ Q I > ti J C3 1 Q 1 U O 1 0 dQ I O F- u.. 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STUDY SESSION: PUBLIC HEARING: RECOM M ENDATION: Accept Capital Improvement Project No. 2000-11 A, La Quinta Park Interactive Water Feature; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize the release of retention funds held by the City 35 days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The City has withheld a total of $38, 500 in retention in accordance with the contract, which upon acceptance, will be released to the contractor. Adequate project funds are available to pay this contractor retention. CHARTER CITY IM PI (CATIONS: None. The project was bid utilizing prevailing wage requirements because funds other than City general funds were used to fund the project. Therefore, there are no Charter City implications. BACKGROUND AND OVERVIEW: On September 6, 2005 the City awarded a contract to Davis Reed Inc. in the amount of $378,927 for construction of an interactive water feature at the La Quinta Park. City staff has determined that the project is complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, the City must formally accept the project and authorize the City Clerk to file the Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Accept Capital Improvement Project #2000-11 A, La Quinta Park Interactive Water Feature; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize the release of retention funds held by the City, 35 days after the Notice of Completion is recorded; or 2. Do not accept the project as complete; or 3. Provide staff with alternative direction. Respectfully submitted, -- ep—� Tom Hartung, Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 2 1. Sep QuiArA COUNCIL/RDA MEETING DATE: May 2, 2006 ITEM TITLE: Approval of a Contract for Voice Over Internet Protocol Telephone Communication System and Unified Voice Messaging System RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract with Intelesys Communications Services Inc. (ICS) to install a ShoreTel Voice Over Internet Protocol (VOIP) Telephone Communication System and Unified Voice Messaging System for the City of La Quinta and authorize the City Manager to sign the contract, subject to City Attorney review. FISCAL IMPLICATIONS: Adequate funds are available to fund this contract amount of $1 17,817.07. The amount appropriated at the February 7, 2006 City Council meeting was $127, 500. The contract covers the cost of the phone equipment, phone switches, installation labor, training and one year maintenance. The phone equipment will be placed in City Hall, Senior Center, and Public Works Yard buildings. Year 2 through 5 annual maintenance is estimated at $9,510. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As reported in the February 7, 2006 staff report, the existing analog phone system was installed as part of the City Hall in 1993. It has served the City well; however, it does not have many of the features now currently available, such as caller I.D. and voice mail for the Senior Center. In addition, the hardware is becoming more difficult to replace as our handsets are no longer being manufactured. With these factors in mind, staff contacted our current provider to consider upgrading our existing system. Based upon the costs to upgrade our current analog system, staff decided to consider a digital voice over internet protocol (VOIP) system. Staff contacted the City of Redwood City, CA (in the Bay Area), which has recently implemented a VOIP system, and asked for their services to assist in the development of a request for proposals and assist in the interview process. The advantage of a VOIP system is that it combines the operations of the phone system with the operations of the computer to deliver data. In addition, the VOIP system has built-in flexibilities that make adding and changing phones easier and less costly. These changes can be done via software instead of having Verizon make these changes. At the February 7, 2006 meeting, the City Council approved the following persons to serve on the Selection Committee: John Falconer, Finance Director; June Greek, City Clerk; Mason Lord, Information Services Analyst; Phyllis Manley, Deputy City Clerk; and Ashu Tikekar, City of Redwood City, CA Supervising Information Technology Senior Analyst. Based upon the timeline in the RFP, the estimated installation date is July 1, 2006. Staff received responses to the RFP from the following four (4) vendors: 1 CDW-G representing 3COM 2. Intelesys Communications Services, Inc. representing ShoreTel 3. Merrill & Associates representing AVAYA 4. Telelabs Inc. representing Siemens The consensus of the group after a review of the RFP responses, which are available in the City Clerk's office, was to select Intelesys Communications Services, Inc. (ICS) to install a ShoreTel VOIP phone system. A copy of the contract and information on the phone system have been attached for consideration as well as (Attachment 1). In addition, Section 3.12.310 of the La Quinta Municipal Code entitled — "Surplus Supplies — Trade Ins" states: "The purchasing agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for city use". Staff has attached a list (Attachment 2) of surplus phone system equipment, which consists of the phone cabinet and phones. ICS has agreed to remove and transport the equipment to their facilities at their cost. Once at their facilities, the equipment will be advertised on their surplus list and interested parties may bid on the equipment. ICS has indicated to staff that it generally takes two weeks for the equipment to sell and that any proceeds will be remitted to the City. If after 30 days no bids are received the equipment will be disposed of by ICS. 2 Staff believes that this is the best option for the City due to the age of the equipment, the storage space the old phone equipment would occupy, the costs to transport the equipment, and the time and costs to advertisement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract with Intelesys Communications Services Inc. to install a ShoreTel Voice Over IP Telephone Communication System and Unified Voice Messaging System for the City of La Quinta and authorize the City Manager to sign the contract subject to City Attorney review; or 2. Do not approve a Contract with Intelesys Communications Services Inc. to install a ShoreTel Voice Over IP Telephone Communication System and Unified Voice Messaging System for the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, John F. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager 3 9 Attachments: 1 . Contracts for the Purchase, Installation and Maintenance of the Phone System 2. List of Surplus Phone Equipment O TO, HEM FROM Intelesys Communications 1196 N Park Ave. Pomona, CA 91768 Proper to fumish all materials and Worm all [abr necessary to complete the fo laMng: Description TOTAL EQUIPMENT $ SALES TAX AT Flo 1 STALLAT1OWROGRAMMING $ TOTAL. INVESTMENT $ NOTE #1: THIS TELEPHONE SYSTEM COMES EQUIPPED FOR TELEPHONE COMPANY LINES, STATION PORTS. AND All of the afire work is to be completed in a substantial and workmanlike manner according to standard practices for the sum of $ Lease ? Yes No Progress payments shall be made as folly: Payable to Upon Signing This Contract Down Payment Upon Completion of Installation $ III s r i " • .rw:0dwt • s •m • � � .d •_�a y ss • �s •>. :•ec d r s t� •� IRON E �• tr' �i �. f •�. .•..:..M �•� d►:'. .. m• s s„ • ss ♦ -�.9 w•i+r .`: r� �R d� •- s • �.,..m aftborW '.. r im .�.•i :. li to tie Y(r 4l d .R # [ sr„ Yf Q YtA 0% ee MMQW mmmar CWK I jjW: cor*acts. If paprat is riot made wtw due, k*4ftr'C;oM=*'-2d= mW SMON)d work on It* job UnW such tm as A#p"ffwft due hawbewdi tomakeW.-flnentfor period :.5 (Y^^d._ of VSiARRANtT"Y Respectfully submitted, w{/�� INTE SY&COMA 6 A tnths on parts and Interconnect Company d..�........ months labor. under ear and tew F ter ded warranty is ava i- Address I2ible for an additional cost. a. 91?68 City aSWe Zip Telephone ACCEPTANCE You are hereby authori d to famish all materials and tabor required to complete the #c mentioned in this Proposal, for which IMe Crete to par the Contract price mentioned in this Proposal, and ceding to the terms theredf. tAwe have read and agree to the provisions contained herein, and in any attactlments hereto, which are made a part hereof and are described as Section 701 %r=txactors License Law) UndOr the ldAedw ids uegnt Law, am cocrrr, *CWr, sty or. AuthorizedSignature WWW, m9te W j,W or COW person who helps to impr+oW YMO paopertyr and is not pad for his Wbor, senkes or r(OWnW. has a r to er*wxm his deirrm'89W, ', 1 YOur PMP"- Under the law, you Mvy prat pumaif such claims by }iiirg. WOO rxortrrwevoV such work or irrtp(OWMITIO it, n Gortarar t kr tt work of inwovd nwtt or a n=iion iherea, intheoffimof irewwtf "wOrdsrd#*Owty *'hem ter POP" is sittaated sw requ rkv Ow a rxar*Rctces R bond to recut c ed in such afrg . Sod trend shover) be in an arreacrt [date: ro less thanW perCWgjW%) or"conbad pro and shag. in Dort to at'ry andifas tr part re of #te =*WA, be condFtic nee %r the payrs O t in fA Of the da im s of ail iNSLiRED persons *x *sift tabor, ser-Aws. e*rrr'tterrt Of na�e"s for STATE LIC. #729W to work desaibed in said aontrw t. Co,tt,=tars am rer nred by taw to be kw sed W4 rimed by the c4r*ackw's S We Lard gcgrd. Any questOng a c±c *31::w weary be reterre d to the Regist w. C ,,,, tt7rs St.* Ltr. hoard, (3132 Brats tw R a dj Swrwre r , Catty PAON Addraw. P.O. Boa 2 , Sartw o. DatftTia 958261 SEE. REVERSE SIDE FOR CONDITIONS 4 Intelesys is dedicated tD serving fts customers efTecbvely. These rovislon5 are intended to clarity the expectations of Intelesys and the Customer so that ft u tomefs needs may be met anAsunderstan€trnos may be avoided. The Customer is uraeo to read and understand these provisions before slgning this agreement. Equipar #nt iristarllartion. Intelesys will install the: Equipment at #lie Customer's promises in a woknmanfi cet manner. Intelesys will not be responsible for any delays in iinstaestton or and damages resulting therafrom. The Customer is responsible to provide appro ate space, power. and orivrorimontal controls fair the quipment The Customer loam ark risk of loss to the Equipment from all causes (such as casualty or theft) other than Intelesys*gr= negagence, from the time that the Equipment is de eyed to the Custn's promises, both before and after installation is complete, tf installation is delayed by the actions or inaction of the Customer or the Customer's other venoorae, of d Changes are requested by to Customer. then the Customer will prey Intelesys normal charges for , mileage, ex nses, and supplies expended as a result of the c agy rare a ill- W lnta esys witi provide training to the Customer's personnel in the use of the Equipment up to the number of hours of. instructor time indicated in this agreement Prking. The Customer will pay all applicable sales, use, gross receipts, or other taxes. The Customer will pay Intelesys' normal rates for tame, mieage, expanses, and supplies whenever Intelesys provides services to the Customer which are not otherwise included m this agreement. Tiouly peiymelnt The Customer tacit pay the deposit when this agreement is signed by the Customer and will pay the balance irrhrrmedia lety upon de pry of the Equipment, unless other arrangements are made in a signed agreement Except as otherwise provided, all other charges will be due and payable by the Customer 10 d after the b ng date. The Customer will pay a late payment fee of 14% per nion1h on any balances remaining unpaid 30 days afters the billing datea. The Customer wig pay InteJeasys $25 for any returned chock. N the Customer has a good faith disputa with lntalesys over a portion of a payment duel, than Customer will pay line uncontested portion of the bil Pending resolution of the baalannc*; no oboction to a I big will be cc kO*ed valid unless A is received by Intelesys in wing within 30 drys after the being date. Crodlt. This agreement is contingent upon lotele, approval of the Customer's aratbt The Customer Sines lrt#ealsys to inquire of repaxbrha agencies and others as to the Customer's credit Acknomiodgmonts. The Customer acknowledges and agrees to the fol%win : • In%sys is a Chia corporation. • Intelesys may contact with third ppeariles to provide services to the Customer. r. Wherever the eroarmfar'ixt permits, in tttK agreement 'Inieteisys` includes re s and +ontilies acting on behalf of or in aariaert ** kitel0yit. all no such third party shall be deemed an agent or employee of lntolesys. • tntela may traftler its interest in this agreement to a third' party wi dmi ft Airther consent tt of the Customers. Intelesys is relying upon the accuracy and completeness of aft of f* =X racy and completeness of this 'intOrteiatti , • Telephone wvice may be interrupted or made unsati#xbr r as a re of many circumstances, such as #*Apm ant fames, power outages. netWol t outages. natural disasters, strikes, and simple human +wear. • Changeover to now a rviao or equipment generally taltes 30 days aril can in rare instences result in temporary mtanupbont of service.eimcrs it br1iino, and the Us. This can bar cettsltd, fsor example, tom utniorseen configuratttion problems, scheduling problems wdh other vendors, lack of am", or mmiscoltirtmunicat loot. • Any projected savings are bond upon InWesys' experience with other customers and area not ggasrente et • Intelesys, only express or irr4Aad wartantf. id any, is as spetaC sued elsewhere in this agreement beyond this. the Customer took so*y to the mwwthctt 's' waarrt'an , t any. Intelesys SPO ifica y Makes no express or iipmpfaed warranty or guaranty of umlernot id service or that ft serviatts wN be free from error or as to the deesak *bonh, quaaiitlr, max chanta tillit' y. completeness. or Bless t r any purpose of any goods or SONices provided. Aany wwan w not cover damage caused tom other n normal use and will be voided d ft Equipment is Uniced by anyone other than Intelesys personneet Poste nunagermtriL The Customer accepts all nsks aano conse cueences of these acknowledged facts and of any other interrupcon cf or. interference or problem with its telephone semce The 1:ustorner exoressly releases anteaesys and will hold lnteiesys harmless from a haoatlty, costs, and attdm+eys" fees for any toss of business or any over consequential. 1. inade ntaal, genre, special. and other damages. whether suffered by the Customer or by another person or enety, toreseea oft or not, Wising from any interruppbon 0 sea t. +eatsiPment failure or otne, problem, wristeverr me caatise. rotated to the Customer s teieoftne service or #us agreement, or arising from the Customers use of the E , nt provioed under this agreement, whether or not a�ttribuutaote toInto esys` sons or inaarcbm The Customer expressly waves tare provisions and benefits of Section 1542 of tit California Civil Coce, wh#i provides, "A general release trees not extend to clams which Me creditor does not know or suspect to exist in his favor at the Ume a� executing the release, which if known by hero must have matenarly affected his settlement with the debtor.' Intalesys'obilgation. If any problem arises, the Customer roust ntorm Intelesys in rung Intelesys* sofa obti etavn is exercise its hest resume* efforts to resolve erns o why is is made aware anal whole are **in its con t t t and only if Intele* failt to do so within 30 days after reicei3ramg written notice, the Customer may hirmnaate this agreement hilt is the Customer's sole remedy. It Intelesys is asked to resoko a problem which was caused by trial Customer. another vendor, or anyone other therm Intelesys ;and which is not covered by the warranty CO any) provided Intelesys. therm the wok will be bred to and paid try ustomeer at tote sys' normal rates; such work is not included in the prig of this agreement Tsrrminat on. This agreement may be terminated by Welesys at any fime to I the Customer's credit record is or beget unsubblo in the sole judgement of lntelasys. (b) I be Customer breaches this agreement In way chi vas any tow or regulation related to telephone service. or�1 infer is prevented by causes outside its reasonable contol from pwkvnihg its orations. The Customer may terminate ttuo agreement only a ti} Intelesys fails to reedy a m whin 3Ct days as provided speet; calfy in ft agreement or (ii) Customer first pays lo lnteiesys the cancellation fee specified lo this a eerrment Either party may terminate the agreement upon 30 days' =n notice to time other party (provided that the release, hold harmless, and otter provisions of an ongoing nature shaft continue in afkct). intarprotaton. This agreement eaxporates the entire agreement of the parties as to its subject matter. replacing and nullifying aaa prKW representations, warranties, discussions and a it. This agreement tan be a mended �' by a writ g s gne th party to be ag by the amendment The taeas tcl ben � ere solely for convenience of reference and do not explain. 6V or modity any provision. If any portion of this agreement is hold by a court to be urwOoroea ble, it will be doted modified ed th the oxte it ntoessary to be enk�reeable, and as to modified A wN continues in furl force. Each oaf agrees to execute and deliver all documents and to take a # othoer steps necessary or appropnote to achieve eves the purpoSe>ts of ft agnt Mena This agreement will benefit and bind the hen, successors, personal neprasentatnres, and assigns of the planes. 9 the Customer consists of more than one person or entity, then all o#aegabons undertaken by ft Cuslorner are undertaken IocnVy and severally by each person o entity isracluded as the Customer. Time is of the essence of Mgt agreement Disputes. in the event of any default or dispute under this agreement, the non-delaultatg or Prevailing party will be entitled to recover reasonable atiornea►ys' tees and costs iron the defaulting or i prevailing party, whether or not a lawsuit is filed. Any action instituted under this agreement may be brought only m Los Angeles County. California. Siignature s.Eaerc h individual sigriniq this agreement on behalf of a party itrrdiev`ekse rareprese nts and waiTank b ft Otter party Met lhe individual hasfut power and atlautoty to f agreernent on behaffof ft party, This agreement will be doomed aphid by Intelesys when e'er a Yaagn+ed' by lttsys is deMmd to the Custer Or Intelesys bps to krl rm its obfigaiions under the agreement -,e) 6 ,., 5 Financial Analysis City of La Quinta Wormnty PArind r r %A.. M.. % . v. . Parts - Covers replacement hardware cost of any system part 12 Months Labor - Covers labor and travel cost of any system failure 12 Months E ui ment Total $ 112,677.92 Promotions Expires- 16 856.98 Labor $ 6,0 _0.00 One year support parts and labor 8 500.00 Tax 7,426.12 Trade -In ' II Total Cost $ 117,817.07 11 *** For more information call Intelesys at (800) 477-8578 Choosing the Lease that best meets your needs: $1.00 Purchase Option This type of lease has the highest monthly payment, but you own the equipment at the end of the lease term. 10% Purchase Option This lease offers a slightly higher payment than the FMV option in exchange for a fixed purchase option. End -Of -Lease options allow you to purchase the equipment for 10% of the original cost, renew or return it. You may also apply to upgrade to new equipment. Fair Market Value (FMV) Purchase Option This type of lease offers the lowest monthly payment. Your End -Of -Lease options are to purchase at the Fair Market Value, add -on, upgrade or return the equipment Benefits of leasing your equipment Avoids technological obsolescence Up to 30% of the lease may be software or installation Match benefits to cost, pay as you use the equipment Fixed monthly payment Conserves working capital Preserves existing credit lines Provides tax benefits Flexible End -Of -Lease Options C 6 Telephone System Proposal City of La Quints Equipment Requirements Quantity Item 7 ShoreGear 40/8 $ 12,890.77 1 ShoreGear 60/12 $ 2,764.62 0 ShoreGear 120/24 $ - 1 ShoreGear T-1 Interface Switch $ 3,687.69 1 Applications Server $ 3,995.00 14 ShoreTel IP 110 Phone Silver / Black $ 1,925.54 1 Quick Reference User Guides IP 110 $ 10.00 0 ShoreTel IP 230 Phone Silver / Black $ - 0 Quick Reference User Guides IP 230 $ - 0 ShoreTel IP 212K Phone Silver / Black $ - 0 Quick Reference User Guides IP 212K $ - 0 ShoreTel IP 560 Phone Silver / Black $ - 100 ShoreTel IP 560 Gigabit Phone Silver / Black $ 44,215.38 4 Quick Reference User Guides IP 560 $ 40.00 2 ShoreTel 24 Button Console $ 644.31 0 ShoreTel POE Brick $ - 111 Extension and Mailbox User $ 20,492.31 5 Quick Reference User Guides Voice Mail $ 50.00 31 Extension Only User $ 4,006.15 0 Mailbox Only License $ - 1 Softphone License $ 138.46 100 Personal Call Manager $ 12,500.00 0 Agent Call Manager $ - 2 Operator Call Manager $ 1,652.31 12 Cordless Headsets $ 3,415.38 0 Standard Headsets $ - 0 Standard Cordless Phone $ - 0 Long Range Cordless Phone $ - 0 Misc 1 $ - 0 Misc 2 $ - 0 Misc 3 $ - 1 Installation Hardware $ 250.00 $ 112,677.92 Presented by Intelesys Communications Services Inc. (800) 477-8578 7 Quantity services Item 1 1 Year Hardware / Software Provides for full replacement of any defective part for the first year of usage 1 Installation Provides for full system design, programming, and training of end users and system administrators 1 Installation Hardware Misc hardware for product installtion 0 Site Analysis first two sites Provides for LAN / WAN analysis of up to the first two site installations to verify the successful ability to install a VolP phone system 0 Site Each additional site Provides for LAN / WAN analysis of an additional site installation to verify the successful ability to install a VolP phone system r, .- i.t 3 8 Telephone Sets uantity Item 14 ShoreTel IP 110 Phone Silver / Black Basic single line IP Handset without a display or speaker phone for basic communication. May be used in conjunction with call manager for full call control and multi le call control 0 ShoreTel IP 230 Phone Silver / Black 3 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys and 4 interactive soft keys. May be used in conjunction with the call manager 0 ShoreTel IP 212K Phone Silver / Black 12 Line full featured handset with full duplex Bose style speaker phone. Equipped with hard keys and 2 interactive soft keys. May be used in conjunction with the call manager 0 ShoreTel IP 560 Phone Silver / Black 6 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys, 4 interactive soft keys and backlit display. May be used in conjunction with the call mana er 100 ShoreTel IP 560 Gigabit Phone Silver / Black 6 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys, 4 interactive soft keys and backlit display. May be used in conjunction with the call manager. Provides gigabot connection and requires a POE switch. Power bricks can not be used 2 ShoreTel 24 Button Console 124 button console for appearance of 24 extensions. Ma be stacked 1 Softphone License Provides for software based telephone connection via laptop or desktop PC 0 ShoreTel POE Brick Provides power for IP phones. Not needed if using a power over etehrnet switch on client network 0 Standard Cordless Phone Provides for mobile integrated communication averaging 100 to 300 feet in range. Note ran es maY vary by location 0 Long Range Cordless Provides for mobile integrated communication averaging 1/4 to 1/2 mile in range. Note ranges may vary by location 12 Cordless Headsets Provides for wirelss headset for any shoretel phone 0 Standard Headsets provides for wired headset on any phone elephone System Proposc City of * Quinta Common Equipment Requirements 7 ShoreGear 40/8 Switch Each switch is fully redundant, remotely survivable, and provides for 40 IP phones or 8 analog connections such as faxes, modem, and analog telephone lines (Only 4 can be CO Lines). For each analog device connected on the switch, 5 IP ports are lost 1 ShoreGear 60/ 12 Switch Each switch is fully redundant, remotely survivable, and provides for 60 IP phones or 12 analog connections such as faxes, modem, and analog telephone lines(Only 8 can be CO lines) . For each analog device connected on the switch, 5 IP ports are lost 0 ShoreGear 120/24 Switch Each switch is fully redundant, remotely survivable, and provides for 120 IP phones or 24 analog connections such as faxes, modem, and analog telephone lines(Only 8 can be CO lines). For each analog device connected on the switch, 5 IP ports are lost 11 ShoreGear T-1 Switch Provides interface for telephone company T-1 service or PRI circuit 1 Applications server Provides for 254 ports of voicemail, and administration web page fro the phone system. Customer may choose to provide their own server with the minimum specs of 512 Mb Ram, 1 Gb Drive, P3 800Mhz processor or better Licensing 111 Extension and Mailbox User Provides license for single user on both the phones stem and the voice mail 31 Extension Only User Provides license for user on the phones stem only 0 Mailbox Only License Provides for -license -for user on the voice mail only 100 Personal Call Manager Provides for call management via desktop c interface 0 Agent Call Manager Provides for ACD queue viewing etc for call center function 2 Operator Call Manager Provides for desktop interface for operator call management * Integrated otion depends on stable internet connection and VPN tunnel between sites G 7 Presented by Intelesys Communications Services Inc. (800) 477-8578 10 ATTACHMENT 2 Intelesys Communications Company Name: C %3 l ��/ 1 IJ Date: 2 Z n 0 b Used Equipment Equipment removed during installation will (please circle one) ° Boxed and left with customer ° emoved and dis osed of ° ace up for sale to the best bidder Intelesys Communications is not responsible for the equipment once it is removed from the customer site. This includes theft, accident, loss or natural disaster. If after 30 days the equipment is not sold please choose one of the following options (please circle one) ° Retum. syajern at customer expense fIntelesys will dispos _ Q Description of used equipment: p sic On Hold Legal) Notification In Accordance with U S Cop ght law, a license maybe require om the American Society of Composers, Authors, Publis ers (ASCAP) or similar or izations, if radio, television bro casts, or music and other material not in the public domain transmitted through the mu ' on hold feature of the teleco nications system. Customer releases and indemnifies telesys from any claims or lia ' ities. Intelesys will conne any source requested by the cus er, and Intelesys will assume at the customer has taken the steps necessary to attain lega ermission to use such source. I have read the above noations and agree to these f&,ms above Print Name Signature 60 11 Beard Number Board Type 01A01 A +'IT`iOUNCEMFi'77 TOFF r,F`_ E"7TOR i - +� -T\T 01A04 DIGITAL LINE 0IA05 DIGITAL LINE 01A06 DIGITAL LINE 01A07 ANALOG LINE 01A018 AUXILIARY TRUNK 01A09 DID TRUNK 01A10 CO TRUNK 01B01 TONE DETECTOR 01B02 DIGITAL LINE -i n AC C'i4 0 R A { i I N TN748D 000003 TN754B .000004 TN754B 000004 TN754B 000016 TN754B 000004 TN746B 000006 T11763D 000005 TN753 000020 TN747B 000013 TN748D 300003 TN754B 000004 jN _t=,ur.assigned t =tti 01 02 03 04 05 06 07 08 09 10 11. J..2 13 14 15 16 01 02 03 05 06 0 01 02.03 f34 05 016 07 08 01 02 03 04 05 06 07 08 01 02 03 04 05 0',6 u 08 01 02 03 04 05 06 07 08 01 .02 03 04 05 rf 07 08 09 u u u 13 u 15 16 01 u u u 01 0 0 '3 04 0 8 01 02 03 04 05 06 0� 08 01 02 03 05 06 07 01. 02 0 3 04 05 06 07 08 list configuration all print 04/20/6 9:18 Pace 2 SPE A SYSTEM CONFIGURATION Board Number Board Type 01B03 DIGITAL LINE 01B04 DIGITAL LINE 01B05 DIGITAL LINE 01B06 ANALOG LTNF 01B07 ANALOG LINE 01B03 AUXILIARY TRUNK 01B09 DID TRUNK 01B10 CO TRUNK 01C01 TONE DETECTOR? 01CO2 DIGITAL LINE 01CO3 DIGITAL LINE 01C04 DIGITAL., LINE Assigned Ports Code Vintage u=unassigned t-tti TN754B 000002 01 0f2 03 04 05 06 07 08 TN754B 000004 01 02 03 04 05 06 07 08 TN754E 000004 01 02 03 04 05 06 07 08 TN746E 000006 01 02 03 04 05 u u 08 09 10 il 12 3 1y 15 16 TN746B 000006 01 02 0 04 05 06 07 08 09 10 u u 13 u 15 16 TN763D 000005 u u u u TN753 000020 01 02 (03 04 u u u u TN747B 000013 01 02 03 04 u u u u. TN748D 000003 01 02 03 r5 06 07 TN754B 000004 u 02 0 04 05 06 07 08 TN754B 000004 01 02 "13 04 u 06 U a TN7,54E 000004 02 0" 0' 05 06 07 08 !0 12 I i st. corif J-gura t ion a 111 pr 1 Board Number Eoard Type 01C05 ANALOG LINE 01A DUPLTCATTON INTRFC 01A PROCESSOR 01A MEMORY 1 01A MEMORY 2 01A PROCR INTERFACE I 01A NETWORK CONTROL 01A TONE/CLOCK 01A TAPE DRIVE 01B DUPLICATION INTRFC 01Ez PROCESSOR 01B MEMORY i 01B MEMORY 2 Ci SYSTEM CONFTGU[SAT ION "ode ode Vintage TN746B 000006 TN772 000014 TN7733 0000122 TN7"170 000003 TN770 000003 TN765 000,022 TN77"'7-B 000018 TN768 000009 7 0-� TN"I-/4- 000014 TN773 000022 TN7770 0 0 0 3 TN770 -" 000 0 0-"? P SPE A Assigned Ports u=unassigned t=t+,i 01 02 03 04 05 06 07 08 00 u 11 11 u 14 u u 0-14. U U U U U U list configuration all print 04/201/6 u:19 Page 4 SPE A SYSTEM CONFIGURATION Board Assigned Ports Number Board,Type Code Vintage u=unassigned t=tti 01B PROCR INTERFACE 1 000162 01 u u u 01B NETWORK CONTROL TN777B 00001S u U U U 01B TONE/CLOCK TN768 000009 01B TAPE DRIVE 13 Phone Inventory List Model Count 7410 Plus 33 7406 Plus 43 841 OD 1 8110M 7 302A Attendant console 1 Senior Center MLS-340 1 MLS-12 10 Total 96 i r? 14 4�Q�rw COUNCIL/RDA MEETING DATE: May 2, 2006 ITEM TITLE: Approval of a Request by the Riverside County Probation Department to Utilize the Council Chambers for a Juvenile Justice Delinquency Prevention Committee Meeting on Tuesday, May 9, 2006, 12:30 p.m. to 4:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the Riverside County Probation Department to utilize the Council Chambers for a Juvenile Justice Delinquency Prevention Committee Meeting on May 9, 2006, 12:30 p.m. to 4:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Riverside County Probation Department has requested that the Council Chambers be made available for a committee meeting on May 9, 2006. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from the Riverside County Probation Department to utilize the Council Chambers on May 9, 2006, 12:30 p.m. to 4:00 p.m.; or 2. Do not approve the request from the Riverside County Probation Department to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Dire or of Building & Safety Attachments: 1. Application Approved for submission by: Thomas P. Genovese, City Manager 2 74 ATTACHMENT 1 -r x organizations. e-r►5u5+�C Peron Is) Xnl Marge: ,II r 3 o.�Q; xn P�,�HP.�a Qb 3 19A - Q � I ._.m..�� Address a1w B�1 tr �rt.e \0l�c.e ; j �'_!P� C*1-% 0 • PI•IYpv Yacility Requested: 06-onc 11 0- " \ � -.�Y•��ry_r.n-IYiUMr.. Type of $vent: Public Fxivate Discription of Activity:. `i .:Yo -i C'to v r'ic IY t►ato (s) o! jTses i `��5, , 0 Sise of aroupt C� /11 Y _ uvlmmrYa.rr Time of Case: Start (a.tsl /p.m, t Finish (a.m Total Routs of use g $ 32,pa /hOur � Cextificata of AdditiOnALI lAsured Attachedr ) " -or- City Iusurance Requesteds Fe• Paid: R40fUUdab10 Cleaning Deposit Paids i 3028iOU Rom $209 council cbaara (up to 33 people) = $300 Council Chm . 014 people plus) • Ssuo Total Pain: 11 Yi The undersigned hereby agrees to abide by the rules a.ud reguiation,a Of the City of ha Quints ralating to the us* of public facilities. Da to : ^ 0 ?a Signatures -PZ Title:___ 54d.Z LAISLI% .. LdL V Q rnm ; -�A LAI DOpo a i t . Rai red For; v � ei � � 1+1)`�,+(''F� t dye , ... C. o . Psi �4�; •• 1 . IIIL�WLr�r.i.r. Deposit Returned: Data: •WCW= xAw paaa�w �i f.:y �h. a �i�la��aw *w�l �k .«aawas r1 LatawumsLra WMQO S• an s!lL%:aF Rs tug "o"WrAft OtYflaisllriop. i! eaa •aM*ft is not an ottlaer es 914 *Vv"Ivabiea for wbiah OFFIAnat4pa if a dtj sy*a1 0"Ok ps#.VftO W"Vtea autport�lti OO tem the group eb aiva. 5 3 4�Q�rw COUNCIL/RDA MEETING DATE: May 2, 2006 ITEM TITLE: Approval of a Ratification of a Contract with Mocon Corporation by the City Manager for the Morris Avenue Storm Drain Repair RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Ratify a contract with Mocon Corporation in the amount of $58,994.63 for the Storm Drain Repair in the Monticello Neighborhood on Morris Street and Liberty Street. FISCAL IMPLICATIONS: Budget report indicates sufficient balance in Account No. 401-1723-551 .45-01 to fund the necessary work. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During this past winter, sections of existing storm drainpipe in the Monticello neighborhood on Morris Street and Liberty Street were completely damaged when the inner lining of the pipe was set on fire between the catch basin and the outfall to the retention basin. The damage was too severe for salvage resulting in removal and replacement. A time and material contract with Mocon Corporation was agreed upon as a method of compensation to remove all damaged pipe and to replace it with reinforced concrete pipe. The City's municipal code makes provisions for the City Manager to execute contracts by the most expeditious manner when time is of the essence, provided the contract is ratified by the City Council. This work was considered an emergency in order to avoid further damage from runoff that could have resulted in a complete collapse of Morris Street above the storm drain. The work is -now complete and the catch basin and drain line are both back in service. Staff therefore recommends acceptance of this work and ratification of the contract. TM FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Ratify a contract with Mocon Corporation in the amount of $58,994.63 for the Storm Drain Repair in the Monticello Neighborhood on Morris Street and Liberty Street; or 2. Do not ratify a contract with Mocon Corporation in the amount of $58,994.63 for the Storm Drain Repair in the Monticello Neighborhood on Morris Street and Liberty Street; or 3. Provide staff with alternative direction. Respectfully submitted, Danny Wonion Interim Manager Approved for submission by: Thomas P. Genovese, City Manager 2 a" 4 t, • ��.,n�m+ 4f� rV CAM OF COUNCIL/RDA MEETING DATE: May 2, 2006 ITEM TITLE: Approval to Award a Contract to DBX, Inc., for the Construction of the Dune Palms Road at Westward Ho Drive Street Improvements, Project No. 2004-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract with DBX, Inc., in the amount of $320,814 for the construction of the Dune Palms Road at Westward Ho Drive Street Improvements, Project No. 2004-07A. FISCAL IMPLICATIONS: The project's funding and funding sources are as follows: Transportation DIF: City of Indio: SB 821 Sidewalk Grant: RDA Project Area No. 2 — Sidewalk Match RDA Project Area No. 1 — SilverRock Mitigation Subtotal: $130,260 $79,397 $25,099 $25,099 $163,163 $423,018 Considering the low bid in the amount of $320,814, the following is the anticipated project budget: Construction: $320,814 Design: $27,074 Inspection/Test/Survey: $20,982 Administration: $13,537 Contingency: $40,61 1 Total Anticipated Cost: $423,018 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with State and RDA funding. As such, the 78 contractor will be required to pay prevailing wages for these improvements. BACKGROUND AND OVERVIEW: The project is located on Dune Palms Road at its intersection with Westward Ho Drive. The proposed improvements include constructing new curb and gutter, sidewalks, access ramps, driveway approaches, signing and striping, and a new traffic signal. The northeast quadrant of the project is located within the City of Indio. On May 18, 2004, the City Council approved an SB-821 Program grant application in the amount of $25,099 for installing a sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet to the east. The total cost for the proposed sidewalk was originally estimated at $50,198. The City proposed a 50% match ($25,099). The City share is identified to be funded through Redevelopment Project Area No. 2 funds. On February 1, 2005, the City Council approved an advance in the amount of $175,000 from the City's General Fund, and approved a Professional Services Agreement, in the amount of $30,120, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. The design of the proposed traffic signal at Dune Palms Road at Westward Ho Drive is included within KOA's scope of work. The street improvements were designed by NAI Consulting. The street improvements required on the southeast corner of the intersection are part of the development of a mitigation well site for SilverRock Resort currently under review by CVWD. On March 7, 2006, the City Council approved a Cooperative Agreement with the City of Indio for the design and construction of Traffic Signal Improvements, approved the PS&E, and authorized staff to advertise the project for bid. The Cooperative Agreement between the cities of La Quinta and Indio estimated the cost to design and construct the proposed traffic signal to be $270,141 .53. These costs were assigned 25% to the City of Indio and 75% to the City of La Quinta. Considering the estimated cost of the traffic signal, the City of Indio's share was estimated at $67,535, and the City of La Quinta's share was estimated at $ 202, 606 . . The Cooperative Agreement allows the City of La Quinta (lead agency) to award the project up to 15% higher than the estimated budget. The traffic signal represents $317,589 of the project budget. This amount does not exceed the 15% funding cap outlined within the agreement. On April 7, 2006, sealed bids were received for the construction of this project. A complete comparison of the bids received is provided as Attachment 1 for the City Council's review. 79 2 DBX, Inc. submitted the lowest responsive bid in the amount of $320,814. Contingent upon City Council approval proposed improvements on May 2, 2006, is expected to proceed: to award a contract to construct the the following represents how the project City Council Award May 2, 2006 Sign Contracts and Mobilize May 3-31, 2006 Construction (120 Consecutive Calendar Days) June —September 2006 Project Close-out/Acceptance October 2006 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract with DBX, Inc., in the amount of $320,814 for the construction of the Dune Palms Road at Westward Ho Drive Street Improvements, Project No. 2004-07A; or 2. Do not approve a contract with DBX, Inc., in the amount of $320,814 for the construction of the Dune Palms Road at Westward Ho Drive Street Improvements, Project No. 2004-07A; or 3. Provide staff with alternative direction. Respectfully submitted, JubIric mothy R. on a s n, P.E. Wor Di for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary so 3 ATTACHMENT 1 w 0 �QQ z d CYWNz J 3: Z N OQWa moo U N W V Sao a m IL w z D c O O O O O O O O O O O o O O 0 O O O 0 O O O O O o o O o 0 O P: U) 0 O 0 O 0 O 0 O 0 O 0 o 0 O 0 o LO 0 o lzT 0 LO O) 0 r- LO 0 O N M CN 0 O O cvi X_O O 0 O O O O �_ (c M 64 64 N Efl cyi 0) W (A C14_O 0% 69 6 . EA cq bR w z 0 0 O o 0 o O o 0 0 0 0 0 o O W L n O O O O O O O (= O o O — O O lf) O O N O N CD~ O z C 9 � rn 0 ch N 0 LO O N ti Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d -p O O O O O O O O V O O O (o O M 0 O O LO (D O O O C O LO O O O r O LA O o N 0)(O to O O? — O M � Q. l!") 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O O Lf) O O •- O O Lti O O o O LO O co O O 0 LO O O N O O CD O O CD O O 00 r- O O LO r O O O o N M 00 � O N 2 T4hf 4 aCP COUNCIL/RDA MEETING DATE: May 2, 2006 ITEM TITLE: Consideration of Adoption of Election Resolutions Pertaining to the General Municipal Election to be held on Tuesday, November 7, 2006. RECOMMENDATION: 1 . Adopt resolutions entitled: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: L A Resolution of the City Council of the City of La Quinta, California calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2006 for the. election of certain officers as required by the provision of the laws of the State of California. 2. A Resolution of the City Council of the City of La Quinta, California requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 7, 2006, with the Statewide General Election to be held on that date pursuant to Section 10403 of the California Elections Code. FISCAL IMPLICATIONS: The Riverside County Registrar of Voters has provided a cost estimate to the City for this election of $40,000 which has been included in the FY 2006-2007 budget (Account No. 101-2001-41 1 .34-04) for approval. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Code Section 10403 of the Elections Code of the State of California provides that the City Council may request the county elections department to consolidate the General Municipal Election with the Statewide General Election. The City of La Quinta has consolidated General Municipal Elections with the County since its incorporation. The proposed Resolutions, included in this staff report are for the purpose of officially calling and giving notice of holding this municipal election and to request the services of the County Registrar of Voters for the election to be held, November 7, 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution entitled: A Resolution of the City Council of the City of La Quinta, California calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2006 for the election of certain officers as required by the provision of the laws of the State of California and A Resolution of the City Council of the City of La Quinta, California requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 7, 2006, with the Statewide General Election to be held on that date pursuant to Section 10403 of the California Elections Code 2. Do not adopt the recommended resolutions; or 3. Provide staff with alternative direction. Respectfully submitted, e Greek, MMC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Resolution calling and giving notice of a General Municipal Election to be held Tuesday, November 7, 2006 2. Resolution requesting the County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election AM Attachment 1 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, OVEMBER 7, 2006 FOR THE ELECTION OF CERTAIN OF ICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA WHEREAS, under the provisions of the laws of the State of California, a General Municipal Election shall be held on Tuesday, November 7, 2006, for the election of Municipal Officers; NOW THEREFORE BE IT RESOLVED, the City Council of the City of La Quinta, California hereby does declare, determine and order as follows: SECTION 1. That pursuant to the requirements of the State of California relating to General Law and Charter Cities there is called and ordered to be held in the City of La Quinta, California, on Tuesday, November 7, 2006, a General Municipal Election for the purpose of election one (1) Mayor for the full term of two years and two (2) Members of the City Council for the full term of four years. SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Resolution No. 2006- Calling Election November 7, 2006 May 2, 2006 Page 2. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 2ND day of May, 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California [SEAL] APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California Attachment 2 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, a Municipal Election is to be held in the City of La Quinta, California, on Tuesday, November 7, 2006, for the purpose of the election of a Mayor, and two Members of the City Council; and WHEREAS, it is desirable that the General municipal election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Riverside canvass the returns of the General Municipal Election and that election be held in all respects as if there were only one election; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 . That pursuant to the requirements of § 10403 of the Election Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 7, 2006, for the purpose of the election of a Mayor for a term of two (2) years, and two Members of the City Council for a term of four (4) years. SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county elections department to take any and all steps necessary for the holding of the consolidated election. W1 Resolution No. 2006- Requesting Consolidation of Election May 2, 2006 Page 2. SECTION 4. That the City of La Quinta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Riverside. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 2"d day of May, 2006. DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California [CITY SEAL] APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ot QUA& 7. BUSINESS SESSION: CONSENT CALENDAR: COUNCIL/RDA MEETING DATE: November 22, 2004 STUDY SESSION: ITEM TITLE: Consideration of Council Member Osborne's Request for Reconsideration of Tentative Tract Map 34243, the Subdivision of 20 ± Acres into 70 Single -Family Lots, Located on the North Side of Avenue 58, 1000 ± Feet West of Madison Street RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: PUBLIC HEARING: On April 18, 2006, the City Council reviewed and approved a request of Innovative Communities to subdivide 20 ± acres into 70 residential lots. The Council approved the tract with 66. A copy of the resolution of approval is Attachment 1. The lots deleted were adjacent along the east property line. Concerns had been raised by the neighbors on the east regarding grade elevations, the wall between the two projects, and density; there could be as many as three lots backing up to one lot on the east project. The vote to approve the subdivision with 66 lots was 3-2, with Council Members Henderson, Kirk, and Osborne voting in favor and Mayor Adolph and Council Member Sniff voted against the motion. Reconsideration of any action taken by the Council can be initiated in accordance with Section 7.3 of the City's Rules of Procedure, amended by City Council Resolution number 2003-025 (Attachment 2). Pursuant to Section 7.3, any Council Member who voted with the majority may request reconsideration in writing within seven calendar days. The City Clerk and the City Manager have received a written request for reconsideration from Council Member Osborne, dated April 25, 2006 (Attachment 3). Should the City Council vote to reconsider this item, staff's recommendation is that this item be placed on the May 16, 2006 agenda, as a public hearing item and that the public hearing be renoticed. 90 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Council Member Osborne's request to reconsider the motion approving Innovative Communities' subdivision with 66 lots, and direct staff to agendize the issue for the May 16, 2006, Council Meeting; or 2. Do not approve Council Member Osborne's request to reconsider the motion approving Innovative Communities' subdivision with 66 lots; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans Community Development Director Approved for submission by: l • Thomas P. Genovese, City Manager Attachments: 1. Resolution No. 2006-040 2. Section 7.3 of the City's Rules of Procedure 3. Council Member Osborne's letter t11 ATTACHMENT#1 RESOLUTION NO. 2006-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF TWENTY ACRES INTO 66 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 34243 INNOVATIVE COMMUNITIES WHEREAS, The City Council of the City of La Quinta, California, did on the 18th day of April, 2006, hold a duly noticed Public Hearing to consider the request of Innovative Communities for the subdivision of twenty acres into 70 single-family residential lots and other miscellaneous lots, located on the north side of Avenue 58, approximately 1,000 feet west of Madison Street, more particularly described as: APN 763-240-014 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2005-557 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified; 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 of Approval to justify approval of said Tentative Tract Map 34243: 1. The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because mitigation measures and conditions have been incorporated into the project approval to mitigate impacts where needed. "� Resolution No. 2006-040 Tentative Tract Map 34243 Innovative Communities Adopted: April 18, 2006 Page 2 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed based on applicable local, State, and Federal requirements. 4. Unless the project is reduced by four residential lots, the project shall have an adverse impact on the public health and safety. Specifically, the project as proposed with seventy residential lots would be inconsistent with the character of the surrounding community in that there would be building massing along lot boundaries that would be out of character with the massing in the surrounding community. The proposed lots are not within the character of the abutting properties to the east. Unless four lots are removed, the City Council concluded that this disparity in the size of abutting lots conflicts with Section 9.10.010 of the Municipal Code which provides that the objectives of the Zoning Code include establishing "conditions which allow various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them" and "to prevent undue intensity of land use or development" . Furthermore, the RL zoning designation is specifically intended for the "preservation of low density neighborhoods"; permitting smaller lots along the boundary of larger existing residential lots does not preserve the low density character of the existing development. As permitted by Section 9.10.040 of the Zoning Code, the City "reserves the right to limit projects to intensities below the General Plan's upper limits." Unless four lots are removed, the lot massing proposed by the project may also lead to a visual incompatibility with the abutting properties. With the removal of four lots, the design of the subdivision is not likely to cause serious public health problems. 5. There is no other feasible method to mitigate or avoid the impact identified in Finding No. 4 other than by removing four lots because the compatibility with the adjacent property can only be achieved by increasing the lot size among the lots abutting the Lion's Gate properties. Thus, in order to achieve continuity with the existing neighborhood, it is necessary to remove four lots. 6. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 93 Resolution No. 2006-040 Tentative Tract Map 34243 Innovative Communities Adopted: April 18, 2006 Page 3 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 the City Council does hereby approve Tentative Tract Map 34243 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18th day of April, 2006, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne NOES: Council Member Sniff, Mayor Adolph ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California (CITY SEAL) 94 Resolution No. 2006-040 Tentative Tract Map 34243 Innovative Communities Adopted: April 18, 2006 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 95 CITY COUNCIL RESOLUTION NO. 2006-040 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: APRIL 18, 2006 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the. City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQM C ") . The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Community Development Department Riverside Co. Environmental Health Department Coachella Valley Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) SunLine Transit Agency SCAQMD Coachella Valley 96 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 2 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County 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 one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 innovative Communities (Masque Development) Adopted: April 18, 2006 Page 3 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. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 8. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The public street right-of-way offers for dedication required for this development include: Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 innovative Communities (Masque Development) Adopted: April 18, 2006 Page 4 A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane, 94' ROW) — Provide 44 feet of right of way from the centerline of Avenue 58 consistent with right of way requirements on the north side of Avenue 58 except an additional variable right of way dedication at the proposed entry measured 54 feet north of the centerline of Avenue 58 and deceleration length of 132 feet plus a transition length of 120 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 10. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with parking allowed on both sides of the street. 2) Dead end residential streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width with street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 12. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s) . The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the 99 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 5 appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 13. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 14. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 15. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 6 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 20. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. 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. 21. 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. 22. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 IT= 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Off -Site Street Improvement/Storm Drain Plan 1 if = 40' Horizontal, 1 IT = 4' Vertical 10. 1 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 7 E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1 " = 4' Vertical NOTE: A through F to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 if = 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. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 23. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 102 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 8 24. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 25. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 26. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 27. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 9 In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 28. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit (add number when applicable). In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 29. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2 if x 11 " reduction of each page of the Final Map, along with a copy of an 8-1/2 if x 11 " Vicinity Map. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 10 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 30. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. 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. 33. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and 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. E. Proof of retention of archaeological monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. Monitors shall include a Ramona Band of Mission Indians designee. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. The final report on the archaeological monitoring shall be submitted to the Community Development. Department prior to the issuance of the first Certificate of Occupancy for the project. Any collected archaeological resources shall be properly packaged for long term curation, in polyethylene Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 11 self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. F. Proof of retention of paleontological monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Any recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 34. 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. 106 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 12 35. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches (18") behind the curb. 36. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development unless there are pre-existing conditions such as existing perimeter walls and pad elevations on adjacent properties are not consistent with the lay of the land. 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. 38. 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 Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 107 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 13 F:T±►V±CT4 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and the approved preliminary hydrology report. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either -the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 42. For properties where sump conditions exist, the applicant must either define a diversion/overflow strategy or retain upstream stormwater as required for existing as - built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of diversion/pass through, if selected. Historical flow paths should be identified and routing provided in the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. 43. In design of retention facilities, the maximum percolation rate shall be zero as demonstrated by preliminary percolation tests. Nuisance water shall be retained on site. Nuisance water shall be passed through a injection/dry well system or equivalent system approved by the City Engineer. The injection/dry well system or equivalent system shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The injection/dry well system shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. 44. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 103 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 innovative Communities (Masque Development) Adopted: April 18, 2006 Page 14 45. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 46. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 47. 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. 48. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 49. 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. 50. Due to the unique length to width ratio of the proposed retention basin, the applicant or his design professional shall provide the following as approved by the City Engineer: A. To prevent undermining during a storm event, the applicant shall redesign the wall where it will be beneath the water surface during storms to a single reinforced concrete retaining wall with decorative face or other design approved by the City Engineer or comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. B. Provide for secondary overflow on the internal street system with a one foot freeboard during design storm events. C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.161 (Fugitive Dust Control), LQMC, and 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. 109 Resolution No. 2006-040 Conditions of Approval FINAL Tentative Tract Map 34243 innovative Communities (Masque Development) Adopted: April 18, 2006 Page 15 UTILITIES 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 54. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 55. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 56. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane): Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or 110 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 16 reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty two feet (32') north of the centerline. Other required improvements in the Avenue 58 right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A deceleration/right turn only lane at the Primary Entry. The north curb face shall be located forty two feet (42') north of the centerline and length per Engineering Bulletin # 03-08. The deceleration length shall be 132 feet with a transition length of 120 feet. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) A Class II Bike Lane along the north curb face along the Tentative Tract Map boundary. The applicant shall extend improvements beyond the subdivision 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). The applicant is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. The cost of improvements expended by the applicant from the centerline of Avenue 58 to within 20 feet of the outer curb face is eligible for reimbursement. The applicant is responsible for the remaining cost of the improvements. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 17 B. PRIVATE STREETS 1) Construct full 36-foot wide travel width measured gutter flow line to gutter flow line where the residential streets are double loaded. And construct a 28-foot wide travel width measured gutter flow line to gutter flow line where parking is prohibited and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department and Community Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 57. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 if = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty feet width provided at the turn -around opening. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, 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. 58. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: 11^ Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 18 Residential 3.0" a.c./4.5" c.a.b. Secondary Arterial 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 59. 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. 60. General access points and turning movements of traffic are limited to the following: Primary Entry (Avenue 58): All turn movements are permitted. 61. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 62. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 63. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 19 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 67. The applicant shall submit the landscape plans for approval to plan checking by the Public Works Department. When plan checking has been completed by the Public Works Department, 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. 68. 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. 69. Front yard landscaping plans for the residences shall be submitted for review by the ALRC and approval by the Director of Community Development prior to issuance of first production home permit. Turf use in retention basins shall be limited to basin entries and exits where they meet the meandering walkway. In the turf's place, decomposed granite and accent plants should be provided. Preliminary -level common area and retention area wall design, heights, materials, colors, planting, etc. shall be reviewed by the ALRC and approved by the Planning Commission during review of architectural plans for the residences or separately, whichever occurs first. 70. Delete the following plants from the plant palette: A. Pinus canaiensis Canary Island Pine B. Prosopis chilensis Chilean Mesquite C. Macfadyena unguis-cati Cat's Claw D. Pennisetum setaceum Fountain Grass E. Ficus pumila Creeping Fig F. Bracchychiton populneus Bottle Tree PUBLIC SERVICES 71. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. 114 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 20 QUALITY ASSURANCE 72. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 73. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 74. 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. 75. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved bythe City. Each sheet shall be clearly marked Record Drawing, As -Built e 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 76. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 77. 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 78. 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. 79. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 115 Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 21 80. Quimby In -lieu park fees shall be paid prior to approval of the Final Map by the City Council. PROJECT LAYOUT 81. The total number of residential lots shall be reduced from 70 numbered residential lots to 66 numbered residential lots in total. The lot reduction shall occur along the east property line. Final lot design and configuration to be approved by the Community Development Director. 82. The emergency access (Lot G) connection to Avenue 58 originally proposed east of the main entrance shall be eliminated and the design amended to eliminate said area. Emergency access shall be provided to Avenue 58 via an extension of the road west of the main entrance between lots 1 and 70. MISCELLANEOUS 83. The perimeter wall along Avenue 58 shall meander or jog in and out along the property line. Decorative pilasters shall be provided approximately 75' on center along Avenue 58 perimeter wall. The Tentative Tract Map (TTM 34243) shall be conditioned to be revised to reflect this and be approved by the Community Development Director. 84. The residences adjacent to the east -west green belt (with walkway) shall be constructed with a setback 10' ± larger than the minimum of 5' (flipping residence as shown on submitted landscape plan). The east and west ends of the green belt shall be flared out. This flare will require revision to the adjacent single-family lots. This revision and final setbacks shall be subject to Community Development Director approval. 85. The entry gate shall be re -studied and redesigned to provide an attractive and creative gate consistent with the theme and architecture of the project. 86. Prior to Final Map approval, the City Fire Marshall shall review and approve Map. 87. A perimeter wall shall be constructed along the east property line abutting the Lion's Gate subdivision. Said wall shall include exterior treatment and color consistent with the existing Lion's Gate perimeter wall. In addition, a cap shall be placed upon the existing wall and designed to cover any gap that may exist between the two walls. Perimeter wall height, general design, treatment and cap design shall be reviewed and approved by the Community Development Department. 11C ATTACHMENT 2 RESOLUTION NO. 2003-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING THE RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS RELATING TO MOTIONS FOR RECONSIDERATION Revision of Section 7.3 of Resolution No. 98-109 WHEREAS, Section 2.04.040 of the La auinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions, activities and regulations pertaining thereto; WHEREAS, pursuant to that authority, the City Council has adopted prior resolutions containing such Rules of Procedure, most recently set forth in City Council Resolution No. 98-109; WHEREAS, Council desires to revise to the City's procedures relating to motions for reconsideration following tie votes; WHEREAS, the current procedures for reconsideration are set forth in Section 7.3 of Resolution No. 98-109, which states as follows: 7.3 RECONSIDERATION Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. if the motion to reconsider passes then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. WHEREAS, under the current rules, only a Council Member who voted in the majority may move for reconsideration, and with a tie vote, there is no majority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La auinta, California, as follows: 117 Resolution No. 2003-025 Revision to Rules of Procedure Adopted: May 6. 2003 Page 2 1. Section 7.3 of the City's Rules of Procedure is hereby amended to read as follows: 7.3 RECONSIDERATION Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Council Member who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 61h day of May, 2003, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None lip"I A I h L J slog DO A LPH, Mayor City of La Quinta, California 118 Resolution No. 2003-026 Ravhgon to fines of Procedure Adopted: May 6, 2003 Papa 3 ATTEST: E "S."'GREEK, CIVIC, City City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT#3 April 25, 2006 June Greek City Clerk City of La Quinta La Quinta, California 92253 Madame City Clerk: RECEIVED 2006 APR 2 S PM 2 01 CITY OF LA QUINTA CITY CLERK'S OFFICE I wish to request that Conditions of Approval for hewing item #3, on Tentative Tract Map # 34243 be placed on the next City -Council Agenda for reconsideration. The Item was heard during the April 18, 2006 City Council Public Hearing. SincereI City Council Cc: Tom Genevese, City Manager City Council QiScnbursor -to Quencc� 4 e,k 1.0 REPORT/INFORMATIONAL ITEM: I rl DRAFT SILVERROCK RESORT CITY COUNCIL COMMITTEE MINUTES APRIL 26, 2006 CALL TO ORDER The meeting of the SilverRock Resort City Council Committee was called to order at the hour of 2:01 p.m. by Mayor Adolph. PRESENT: Council Member Osborne, Mayor Adolph ABSENT: None II PUBLIC COMMENT — None. III CONFIRMATION OF AGENDA IV CONSENT CALENDAR A. Council Member Osborne motioned to approve the minutes of the March 29, 2006 SilverRock Resort Committee meeting; Mayor Adolph seconded; motioned carried unanimously. V REVIEW OF MONTHLY DISCUSSION ITEMS A. Marketing Update on GPS Advertising — Randy Duncan of. Landmark reported they're looking into selling advertising on the golf cart GPS screens, which would bring in extra revenue. They have three confirmed advertisers for next year. In response to Council Member Osborne, Mr. Duncan said not all the advertisers are in La Quinta, but they are focusing their efforts on La Quinta businesses. Watermark Villas is one of the advertisers. Council Member Osborne inquired about the proposed Avenue 52 tunnel; Public Works Director Tim Jonasson replied Watermark Villas never pursued it. B: Facilities Bollards — Johnny Pott of Landmark recently spoke with the vendor, who has designed a stone bollard measuring 16" x 16" x 36" — it includes the SilverRock logo and could accommodate a light fixture. He shared a rendering and noted they match the overall decor. Mr. Pott is still waiting for an exact cost, but estimates $600-$700 each; there are 36 bollards in the parking lot. These would replace the existing black bollards, which are fragile and tend to get blown or knocked over frequently. 1n1 DRAFT Fire Pit Improvements - Mr. Duncan spoke with Bruce Kribbs Construction; demolition of the existing fire pit will begin this week. In response to Mayor Adolph, Mr. Duncan confirmed it is a gas fire pit. Mayor Adolph noted the City, at one time, did not have ordinances regarding gas valves; Mr. Genovese said the City now has extensive building codes and ordinances. Perimeter Security - Mr. Jonasson reported that Park West installed the gates last week, so the property is now technically secure, that one would have to drive over berms to enter. There is temporary fencing along Avenue 54, and staff is working with Park West to complete punch list items. Golf and Parks Landscape Manager Steve Howlett reported chain link fence was removed near Avenue 54 by someone who was fishing in the canal (this was reported to the City by a PGA West resident). CVWD has been contacted, and they're coordinating with the Police Department, as fishing is not allowed in the canal. Landmark staff has replaced the fence. L4 Wall - Mr. Jonasson sent a letter to Pacific Hydrotech, who is preparing a proposal to complete the wall. Dishwasher - Community Services Director Edie Hylton is working with Building & Safety Director Tom Hartung; they received an estimate from Davis Reed Construction; work will be completed in May. The Health Department has approved the design. Landscape @ Range/#1 Tee - Mr. Howlett met with Pinnacle Design and Golf Course Superintendent Willie Lopez; the design is under review. Mayor Adolph asked about the perimeter/parkway landscaping and asked for clarification on the previous month's minutes. Mr. Jonasson replied that he walked the perimeter with Pinnacle to ensure the contractor planted according to plans, which is the case. Mayor Adolph noted it still looks unfinished. Mr. Genovese said because we've verified it was built to plans, the Council must approve modifications. If the Council chooses to make improvements, the next step would be to begin design. Mayor Adolph said it could be a matter of adding irrigation and plants, or perhaps rock. Council Member Osborne concurs, and wants to maintain the quality. He added the issue should be brought before the Council. Mayor Adolph added the entry looks better with lighting and the monument sign, and is glad the pepper trees were removed. Bighorn Sheep - Ms. Hylton reported that there have been no more sheep on the course; however, last Thursday, two sheep were sighted at the side of the mountain. Mr. Duncan noted Landmark staff is tracking sheep activity, and this was the first sighting in a month. Ms. Hylton added that the sheep management activities being used were recommended by the State Department of Fish and Game. 4.. *at DRAFT C. Capital Projects Avenue 52 Storm Drain Project — Mr. Jonasson reported all connections were made last week, so the golf course is protected from the Rondo Channel flows. The storm drain also picks up water from the* Avenue 52 catch basins. Paving is scheduled for next week; however, it has been difficult to obtain asphalt recently. PM-10 Improvements — Mr. Howlett stated the south side, along Jefferson Street, has been irrigated and planted, and the barley is growing from south to north. The contractor will be moving the irrigation to the north as needed, and will keep water trucks on -site to control dust. He noted the barley being planted requires little water. In response to Mayor Adolph, he said the barley will spread like grass or alfalfa. D. Project Development Update on discussions with DDC — Mr. Genovese reported negotiations are ongoing, and there is a discussion scheduled for the RDA Board's next closed session on May 2, 2006. Update on discussions with Bob Hope Classic ("BHCC") — Mr. Genovese said there has been no word from John Foster yet, but will place the matter on the Council's next agenda once a call or letter is received. To respond to PGA concerns about the native areas, Landmark has planted a "test area" at hole 13 per Palmer Course Design recommendation. Mr. Pott shared a photo; the revision includes Shismus grass, which turns gold in the summer, and two inches of decomposed granite on the bottom. He added that Mr. Lopez, the Golf Course Superintendent, is working on a cost estimate. Mr. Genovese noted that native areas and bunkers were the Tour's major concerns; and that the bunkers have been modified. Mr. Pott said Erik Larsen of Palmer Course Design did visit the course, and has been in contact with Steve Wenzloff of the PGA Tour, but there's been no word from the PGA. Council Member Osborne asked if the native areas can handle foot traffic during a tournament; Mr. Pott replied they'd discourage people from walking on the slopes. Council Member Osborne read an article about another golf course possibly hosting a PGA event, and asked if it would make sense to host another PGA event at SilverRock. Mr. Pott replied the BHCC gets the most publicity in the desert, but it is possible. VI REVIEW OF MONTHLY FINANCIAL STATEMENT A. Monthly Financial Statements — March 2006. Doug Van Bank, Controller for Landmark, reported March was a good month; revenue exceeded budget by $35,000; rounds exceeded expectations; but, expenses were up due to waste removal cost, increase in cost of fertilizer, and paying quarterly advertising invoices. Mr. Duncan noted the nice weather helped, in spite of the windy days. i-In, 040 4) DRAFT Mayor Adolph asked about the Rita Hayworth tournament; Mr. Duncan said it went very well. There were 120 golfers, 2 beverage carts were in service, and the tournament received good exposure. Council Member Osborne noted many non -profits play the Dunes Course, and asked if there's a problem with pricing. Mr. Duncan replied it's hard to compete with the La Quinta Resort as they also receive room revenue on top of green fees. Judy Vossler of Landmark added the La Quinta Resort and PGA West have several courses, so they're able to take one out of inventory and offer lower rates. Mayor Adolph was concerned about the "bad experience" column in the financials, noting 21 in March. Mr. Duncan said the players receive a voucher to play again, not a refund. Ms. Vossler clarified that it had to do with weather (i.e., wind), and not an actual bad experience. B. Complimentary Golf Report — no comments. VII COMMITTEE MEMBER ITEMS Mayor Adolph recently spoke with Scott Kiner of Kiner Communications regarding the City's marketing plan and the need to promote SilverRock Resort. Ms. Vossler noted Landmark contracts with Kiner for marketing, and they work with Andrea Carter of Kiner. Mayor Adolph had lunch at SilverRock with a group of 10-12, and noted the food was good, but the service was slow. He asked if it's difficult to get 10-12 meals out. Mr. Duncan replied that it was difficult due to the small kitchen and kitchen configuration. Council Member Osborne asked if evening events are being held; Mr. Duncan replied only special events. Mayor Adolph noted the clubhouse directional sign is very small. Mr. Pott is having it placed on a mound to get it up higher. Council Member Osborne asked if the seasonal flowers will be changed out; Ms. Vossler said they will be changed soon. Mr. Pott added work is still going on at the Avenue 52 entry; once Park West is finished, then Landmark will take over maintenance. Vlll ADJOURNMENT There being no other business, the meeting was adjourned at 2:47 p.m. IX NEXT MEETING DRAFT The next SilverRock Resort City Council Committee will meet on Wednesday, May 31, 2006 at 2:00 p.m. in the Session Room at City Hall. Submitted by, Debbie Powell, Management Analyst REPORT/INFORMATIONAL ITEM: /g COMMUNITY SERVICES COMMISSION MINUTES April 10, 2006 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:04 p.m. in the study session room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner St. Johns led the Pledge of Allegiance. Commissioners Present: Chairperson Victoria St. Johns, Commissioner Robert Leidner, Commissioner Andrea Gassman, Commissioner Ed Hackney, Commissioner Mark Weber Commissioners Absent: None Staff Present: Edie Hylton, Community Services Director; Kristin Riesgo, Recreation Supervisor; Adabel Martinez, Community Services Department Secretary; Jean Wilson, Community Services Office Assistant Guests Present: None II. PUBLIC COMMENT-- None III. CONFIRMATION OF AGENDA It was moved and seconded by Commissioner Leidner/ St. John to accept agenda as written. Motion carried unanimously IV. CONSENT CALENDAR A. Corrections, Deletions or Reorganization of the Agenda 12'6 Community Services Commission Minutes Commissioner Gassman asked to have her name removed from the Civic Art Selection Committee request for two commissioners who attended The Arts Festival. B. Resident Cards SilverRock Resort is planning to have approximately 37,000 rounds annually. So far SilverRock has as many as 200 rounds daily, during peak season, and mostly on weekends. V. PUBLIC HEARING — None VI. BUSINESS ITEMS A. Community Picnic and Birthday Celebration The city will be celebrating its 241n birthday on Saturday April 29, 2006 at the Fritz Burns Park. Kristin is seeking Commissioners help, such as cutting and distributing of the cake as well as clean-up. This year we will be having bottled water instead of soda to promote a healthy living. Commissioner Weber, with the Rotary Club, will not be able to attend however he is willing to donate bottled water. The City of La Quinta will be providing a few hundred water bottles. Windermere and Chicago Title will be purchasing 800 water bottles to hand out at the Birthday Celebration and Coca Cola will be donating water as well. The event will start at 10:00 a.m and staff recommended Commissioners be there by 9:00 a.m. Planning will begin soon for the City's 251n annual Picnic and Birthday Bash and 251n Annual La Quinta Art's Festival. The next Community Picnic and Birthday Bash in 2007 would be April 28' MOTION- Commissioner Leidner moved that the four commissioners participate in the City of La Quinta's Annual Picnic and Birthday Bash on April 29 of 2006. Motion carried unanimously. B. Annual Work Plan Director Hylton used last year's work plan for a discussion with Commissioners to bring up new ideas that can be added for the Work Plan. Community Services Commission Minutes Ms. Hylton has put the Parks and Recreation Master Plan out to bid and that will create a number of communication opportunities with residents such as; community wide survey and stakeholder meetings that Community Services Commissioners will want to be involved in. Director Edie Hylton went through the Annual Work Plan with the Commissioners for their feedback. The Commissioners want to bring in guest speakers from different agencies to discuss services with them. MOTION- Commissioner Hackney/Leidner Moved and seconded that the work plan be adopted as presented with the modifications recommended. Motion carried unanimously. Director Hylton will make the changes and take the work plan to the City Council for their approval. The Council is currently focusing on the Youth Workshop for the next meeting scheduled for May 8t", 2006. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Calendar of Monthly Events Community Concert with Marine Corp Jazz Band will take place on the 22nd of April at the Civic Center Campus. The Soap Box Derby will be taking place on April 15, 2006, the same day of the Children's Easter Egg Hunt. VIII. COMMISSIONER ITEMS A. Child Abuse Prevention Month Commissioner St. Johns passed out blue ribbon pins and blue bracelets to promote child abuse prevention month. B. ESL/GED Classes Commissioner St. Johns provided us with information on where to take courses for ESL or GED Test preparation classes. Information is in English and Spanish. C. La Quinta Community Park Community Services Commission Minutes To aid in preventing vandalism and wrongdoing, the city has installed the six security cameras in La Quinta Park and at Fritz Burns to help prevent any vandalism and identify individuals that are acting out in those park sites , especially at the skate parks. D. Intern The City of Coachella has an intern who came from New York and is has an internship for a year. Anna Cole might be coming back to the capacity of the parks and recreation. Commissioner Leidner volunteered for Community Services Director Hylton to be of source of information for her. She is going to be getting her Masters from New York State University. IX. ADJOURNMENT It was moved by Commissioners Leidner/Hackney to adjourn the Community Services Commission meeting at 8:40 p.m. Motion carried unanimously. NEXT MEETING May 9, 2006 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Adabel Ma Inez, mmunity Services Secreta Iw3 REPORT/INFORMATIONAL ITEM: A INVESTMENT ADVISORY BOARD Meeting March 8, 2006 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 Vice Chairman Olander, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Rassi, Egbert and Deniel (6:05) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Vianka. Orrantia, Secretary and Louise West, Accounting Manager 11 PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Mr. Falconer advised the Board there were two additional items to be added to the agenda for discussion; the first item was two articles from the Wall Street Journal received from Board Member Olander and the second item was a request was from Board Member Deniel requesting the Board to consider a written response to Council Member Osborne's comments from the February meeting. Mr. Falconer introduced Louise West, the City's Accounting Manager. Louise will be attending the May Investment Advisory Board meeting in the absence of Mr. Falconer. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on February 8, 2006 for the Investment Advisory Board. Board Member Egbert advised that on page 1 of the Minutes, first sentence should read: Council Member Lee Osborne attended the Board meeting and voiced his concern as an interested party regarding the City's current investment returns, n Investment Advisory Board Minutes March 8, 2006 Board Member Egbert asked Board Member Deniel to clarify the following sentences and Board Member Deniel advised that page 2 of the minutes; second paragraph third sentence should read: Board Member Deniel stated that management a city employee dedicated to investments does not have the tools that a professional money manager has. leaving two eheiees, the best eheiee vV-0UId-be-4if__ eliminate f faud. To increase the yield there are only two choices, the best choice would be hiring an outside professional money manager to actively manage a portion of the portfolio with the constraints of a third party custodian, which would eliminate fraud. The other choice is to have city staff directly invest in fixed income mutual funds, sueh 4`-• MOTION - It was moved by Board Members Moulin/Deniel to approve the Minutes of February 8, 2006 as amended. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for January 2006 Mr. Falconer reviewed for the Board the Treasurer's Report for the month of January; page 3 reflects an increase in Iyield, but the benchmark continues to lag. Page 6 reflects the purchase of commercial paper, General Electric, Nestle and Citibank, which were purchased for a months period for additional yield until the pass -through and debt service payments were made the latter part of February. Page 8 reflects the property tax increment received in the amount of $18 million, which pushed the balance toward the end of the month over by $2 million. A debt service payment of approximately $6 million was paid as well as a pass -through payment in the amount of $4 million; the February Treasurer's report will reflect the decrease due to these payments. In response to Board Member Olander, Mr. Falconer reviewed for ' the Board the exception to the January's Treasurer's report which is reflected on page 2, is a summary report and page 12 through 16 is the documentation to the exception. This exception was a result of a 2 Investment Advisory Board Minutes March 8, 2006 transaction that transpired on January 18, the intent was to rollover a maturing investment Freddie Mac in the amount of $7.5 million for an additional year. The actual trade was made in a Federal Home Loan Bank, the investment was different than the one requested with the same credit rating, and therefore causing the City to exceed the City imposed $10 million limitation on GSE's for Federal Home Loan Banks. (Page 3 of the Treasurer's Report reflects the overage by $7.5 million.) Mr. Falconer stated that one of the remedies to resolve this error could have been to sell the investment but due to the guidelines in the policy it does not allow the sale of the investment for a loss. Management's intent at this time is to hold on to the investment until January of 2007 and the City will expect to be in compliance in December of 2006 when other Federal Home Loan Bank investments mature, which will place the City under the $10 million dollar limitation. Upon discovering the error, Staff compiled a memo to the City Manager in which he concurred with Staff's recommendation. Mr. Falconer described the process of purchasing investments between the Treasurer and the Broker and concluded that he took responsibility for the misunderstanding between the Treasurer and the broker. General discussion was ensued by the Board regarding the transaction and the Board was satisfied with the actions taken by the Treasurer. MOTION - It was moved by Board Members Moulin/Egbert to approve, receive and file the Treasury Report for January 2006. Motion carried unanimously. B. Consideration of Fiscal Year 2006/07 Investment Policies & Work Plan Items Board Member Moulin stated to the Board that due to Councilman Osborne's concern for higher yield, it would not be a good idea -to use an internal money manager (city staff). The Board should recommend, to City Council the use of a money manager. Board Member Moulin stated that the use of a money manager already exists within the policy, other than trying to implement a money manager he felt there were no changes needed to the existing policy. General discussion ensued among the Board members regarding the implementation of a money manager, discussing with City Council their Investment Advisory Board Minutes March 8, 2006 concerns for the use of a money manager and possible modifications to the investment policy. Board Member Rassi suggested to the Board a possible modification to the buy/hold to maturity within the policy. Board Member Deniel stated that she would not like this restriction removed from monies managed by the City, but would like the buy/hold restriction removed from the portion of the portfolio given to the outside manager. MOTION - It was moved by Board Members Egbert/Moulin to continue the review of the Fiscal 2006/07 Investment Policies. Motion .carried unanimously. C. California Municipal Treasurer's Conference -Monterey, California April 26 - 28, 2006 Mr. Falconer informed the Board that it was approved by Council for two Investment Board Members to attend the CMTA Conference in Monterey and Staff will need to be notified by Friday, March 10t' of those two Board Members who will be attending. Board Members Deniel and Rassi will be attending the upcoming CMTA Conference. MOTION - It was moved by Board Members Moulin/Olander to appoint Board Members Deniel and Rassi to attend the CMTA Conference in Monterey, California on April 26 - 28, 2006. Motion carried unanimously. D. Desert Sun Investment Advisory Board Notice MOTION - It was moved by Board Members Olander/Moulin to continue to the next scheduled meeting. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - February 2006 Noted and Filed B . Pooled Money Investment Board Reports - December 2005 Noted and Filed 4 ,� Investment Advisory Board March 8, 2006 Minutes Vill BOARD MEMBER ITEMS Board Member Egbert announced to the Board that he is affiliated with Windmere Real Estate and asked for permission from the Board to announce his affiliation and if the Board had any comments for a press release that Windmere will be releasing regarding his appointment to the Investment Advisory Board. Mr. Falconer advised Board Member Egbert that if there is any conflict that he might want to abstain from a voting on that particular item. Board Member Egbert suggested to the Board possibly changing the meeting time from 5:00 p.m. to an earlier time in the day. Board Member Moulin informed the Board that in previous years an earlier meeting time was a conflict for past Board members due to the fact they were still employed and were unable to attend the Board meetings until after 5:00 p.m. Board Member Deniel stated that any time earlier than 5:00 p.m. would be a conflict for her. Mr. Falconer suggested to the Board that he will research this issue with Staff and follow up with the Board at the next scheduled meeting. Board Member Olander presented to the Board for informational purposes only two articles from the Wall Street Journal dealing with FNMA and stated that these articles are issues that the Board needs to be aware of. Board Member Deniel asked Staff if they felt Councilman Osborne and/or the Council needed a response by the following suggestions; 1) by attending a City Council hearing 2) create a written memo for City Council 3) create a written memo for Councilman Osborne 4) invite Councilman Osborne back so that the Board can respond to his concerns 5) do nothing. Board Member Moulin supported option 4. Board member Olander and Rassi supported option 5. Chairperson Deniel supported some form of response to Council Member Osborne. Board Member Egbert supported either option 4 or 5 and commented about making a courtesy call to Council Member Osborne about the rate environment which would explain the lag in the yield. Board Member Moulin supported Chairperson Deniel on recommending an outside portfolio manager. Board Member Egbert commented that the City investment yield is performing as it should due to market conditions and the portfolio manager is a different issue. Board Member Egbert believed that Councilman Osborne has an 5 1ug Investment Advisory Board Minutes March 8, 2006 unreasonable objective that cannot be achieved based upon the current investment policy. Discussion ensued between Board Member Moulin, Egbert and Chairperson Deniel about the benefits of a portfolio manager. Board Member Egbert again believed that Councilman Osborne has an unreasonable objective about the amount of interest earnings that can be realized based upon the current market conditions and the current investment policy six month benchmark. Chairperson Deniel concurred and believed that this should be communicated. Board Member Olander spoke regarding the educational aspects that need to be done regarding a portfolio manager. Board Member Egbert and Board Member Moulin stated that the Treasurer is appropriately reacting to market conditions by shortening the average maturity as rates go up. Board Member Moulin spoke about the need to communicate the Board's belief that the investment portfolio is being managed in accordance with market conditions and the investment policy and that the yield could be increased by using a portfolio manager who could trade since the Treasurer does not have the expertise. Board member Moulin asked staff if they could write a letter to Council Member Osborne in which Mr. Falconer responded that if Staff was directed to write such a letter that he recommend it be addressed to all Council Members. Board Member Moulin stated if Council is interested in raising rates than this would be a mechanism by using a portfolio manager. Board Members at this time proceeded to discuss the prior meeting minutes. IX Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the .meeting at 6:55 p.m. Motion carried unanimously. S m itte by, Vianka Orrantia Secretary Department Report: i — A :0J, 10 ti G� 0 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: May 2, 2006 J SUBJECT: Department Report — Response to Public Comment The following public comments were made at the April 18, 2006, City Council meeting: 1. Christi Salamone and Kathleen Hughes, La Quinta Arts Foundation, thanked the Council for supporting the 24th Annual La Quinta Arts Festival, and presented a framed 2006 poster to the City. They noted that both the City and Arts Festival will be celebrating 251h anniversaries next year. They reported that financial objectives were met for the 2006 festival, and they're receiving positive feedback from artists and attendees. 2. Lori Fahnestock, 80-065 Vista Grande, thanked the Council for the new sidewalk, but noted that people are driving over the sidewalk. She requested an update. City Attorney Jenson reported the City is looking into closing the street to non -emergency vehicles; however, this is a several month process that includes a public hearing. The City is also discussing with the Police Department the possibility of citing people who drive over the sidewalk. DEPARTMENT REPORT: 3" s y�. b f � CITY COUNCIUS UPCOMING EVENTS . . . . . . . . . . . . . . . MAY 2 MAY 9 MAY 16 JUNE 6 JUNE 20 JULY 4 JULY 18 AUGUST 1 AUGUST 15 CITY COUNCIL MEETING SPECIAL JOINT CITY COUNCIL/PLANNING COMMISSION MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 137 LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2006 rrmtea Dy t aienaar creator rius on �+i/-iizuuo DEPARTMENT REPORT: -bt 1 Qu&m c&,, 4 A TO: Honorable Mayor and Members Of the City Council FROM: City Clerk June Greek` DATE: May 2, 2006 SUBJECT: Scheduling of City Council Meeting of July 4, 2006 and Summer Meeting Schedule Staff recently notified the City Council via an Items of Interest (101) that the first regular meeting for the month of July falls on a national holiday, the 41h of July. The Council's procedure contained in Resolution No. 98-109 states, "When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday." Direction to staff if this is workable for all of the members would be appreciated. In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. Should this be Council's pleasure again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for August, 2006 are: August 1 st and August 15th and for September, 2005; the meetings are September 5th and 19th. Staff would appreciate receiving Council's direction so public hearings and other matters can be scheduled accordingly. AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2006 CONSENT CALENDAR: ITEM TITLE: Public Hearing on Landscape and Lighting Assessment District 89-1, Fiscal Year STUDY SESSION: 2006/2007 PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2006/2007, pursuant to the Engineer's Report (Attachment 1). FISCAL IMPLICATIONS: The anticipated revenues identified in the Engineer's Report reflect assessments totaling $890,860 in Fiscal Year 2006/2007. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 18, 2006, the City Council adopted the following Resolutions: • Resolution No. 2006-034, approving the Preliminary Engineer's Report for Fiscal Year 2006/2007 in Connection with Landscape and Lighting Assessment District 89-1. • Resolution No. 2006-035, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: t 1 . A description of the services to be provided throughout the District; S:\CityMgr\STAFF REPORTS ONLY\5-2-06\PH3 L&L 89-1.doc 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The April 18, 2006 Engineer's Report and parcel reconciliation, prepared by MBIA MuniFinancial, provided the preliminary information for the Landscape and Lighting District 89-1 for Fiscal Year 2006/2007. The final Engineer's Report and parcel reconciliation is attached. The Engineer's Report projects the following for Fiscal Year 2006/2007 in comparison to the Fiscal Year 2005/2006 Engineer's Report: FY 2005/2006 Citywide benefit zone Yes Number of local benefit zones 6 Number of Equivalent Dwelling Units (EDU's) 24,037 EDU Rate $35.60/EDU District Revenue $855,707 FY 2006/2007 Yes 6 25,025 $35.60/EDU $890,880 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The estimated Fiscal Year 2006/2007 District exempt cost is $1,526,588. This cost, which is $301,488 higher than previously reported, was revised from the preliminary engineer's report to better reflect projected costs in the 2006/2007 maintenance budget for the district. Based on this estimate, the citywide benefit assessment would be $61.00/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases unless approved in a public vote. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or other finance methods may be utilized in the subsequent fiscal years. The purpose of this Public Meeting/Hearing is to allow affected property owners an opportunity to ask questions of the City Council and staff regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Only after the Public Meeting/Hearing has been conducted can the City Council adopt assessment fees for Fiscal Year 2006/2007. Should the City Council receive testimony from the public through the end of the Public Meeting/Hearing that warrants a change to the assessment level, the City Council can lower only the assessment levels without conducting a public vote. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2006/2007. If 3 service levels are not adjusted accordingly, the General Fund would be required to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. Pursuant to the City Council's direction, 2 R-\('itvMnr\STAFF RFPnRTS nNI Y\.ri-9-0A\PHA I RI R-1-1 Ann staff will continue to investigate possible revenue sources and/or expenditure reductions to reduce the Landscape and Lighting District's burden on the General Fund. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2006/2007, pursuant to the Engineer's Report; or 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the Public Meeting/Hearing. Should the City Council direct amendments to the Engineer's Report, an amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the May 16, 2006 City Council meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2006/2007, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2006/2007, requiring one or a combination of the following: • Supplement Fiscal Year 2006/2007 revenues with other fund sources, such as the General Fund; and/or • Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, 4im�othy . J na s n, P.E. Public WorW Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Annual Levy Report i14 S-\('itvMnr\STAFF RFPnRTS nNl Y\Fi-7-nR\PHR I RI R9-1 .rinr. 3 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2006/2007 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2006/2007. SECTION 2. The City Engineer filed an annual report on April 18, 2006, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89- 1 for Fiscal Year 2006/2007 and set a Public Meeting/Hearing date of May 2, 2006 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On May 2, 2006, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On May 2, 2006, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2006/2007. 116 2 Resolution No. 2006- Landscape and Lighting Assessment District 89-1 Adopted: May 2, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of May 2006, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1117 City of La Quinta ENGINEER'S ANNUAL LEVY REPORT Lighting and Landscape District No. 89-1 Fiscal Year 2006/2007 INTENT MEETING: April 18, 2006 PUBLIC HEARING: May 2, 2006 Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Office Locations: Anaheim, CA Lancaster, CA Los Angeles Regional Office Oakland, CA www.muni.com Phoenix, AZ Sacramento, CA Seattle, WA N. ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: City of La Quinta Lighting and LandscapeDistrict No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of , 2006. MuniFinancial Assessment Engineer On Behalf of the City of La Quinta in Adina Vazquez, Project Manager District Administration Services in Richard Kopecky R. C. E. # 16742 11-19 7 ENGINEER'S REPORT CITY OF LA QUINTA LIGHTING AND LANDSCAPE DISTRICT NO. 89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of , 2006. BY: June S. Greek, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2006. BY: June S. Greek, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of , 2006. BY: June S. Greek, City Clerk City of La Quinta Riverside County, California TABLE OF CONTENTS 1. OVERVIEW...........................................................................................1 A. INTRODUCTION....................................................................................................... B. HISTORICAL BACKGROUND AND LEGISLATION........................................................... II. DESCRIPTION OF THE DISTRICT......................................................2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT ................................2 B. IMPROVEMENTS WITHIN THE DISTRICT.....................................................................2 III. METHOD OF APPORTIONMENT.....................................................3 A. GENERAL ............................................................................ .................................. B. BENEFIT ANALYSIS.................................................................................................4 C. METHODOLOGY ............................................. ...................................................... IV. DISTRICT BUDGETS........................................................................8 A. DESCRIPTION OF BUDGET ITEMS............................................................................. B. 2006/2007 DISTRICT BUDGET................................................................................ APPENDIX A - DISTRICT ASSESSMENT DIAGRAMS ..........................12 APPENDIX B - 2006/2007 ASSESSMENT ROLL...................................13 0 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 1. Overview A. Introduction The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Lighting and LandscapeDistrict No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the "1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2006/2007. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2006/2007 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2006/2007. MuniFinancial Page 1 10 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 B. Historical Background and Legislation The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. II. Description of the District A. District Boundaries and Specific Areas of Improvement The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. Improvements Within the District The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. MuniFinancial Page 2 11 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 • Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. III. Method of Apportionment A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. MuniFinancial Page 3 12 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 B. Benefit Analysis Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well -maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. MuniFinancial Page 4 1 55 13 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: • Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. Methodology Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EDU. The EDU method assessment for this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR') parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. MuniFinancial Page 5 14 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. Land Use EDU Factor Exempt Parcels 0.0 Single Family Residential Parcels 1.0 per unit Non -Residential Parcels 5.0 per acre; 1.0 minimum Vacant Residential Parcels 0.33 per unit Vacant Non -Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum Agricultural Parcels 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels 0.10 per acre Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. MuniFinancial Page 6 )7 15 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non -Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. MuniFinancial Page 7 16 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2006/2007 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2006/2007 is the same rate assessed for Fiscal Year 2005/2006. The base assessment rate to be approved for Fiscal Year 2006/2007 is $35.60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected assessment revenue of $890,880. The City proposes the remaining $1,909,093 be funded through a General Fund contribution of $1,809,093 and $100,000 of revenue from CSA 152. IV. District Budgets A. Description of Budget Items The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel — Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. 1 9 MuniFinancial Page 8 17 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 Uniform Rental Services — Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. Information Technology — Includes computers, printers, and other related items and services. Operating Supplies — This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Operating Supplies and Software — This item reflects the costs of software programs. Small Tools/Equipment— Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2006/2007 District Budget For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2006/2007 is summarized on the next page in Table 1. MuniFinancial Page 9 1 r q 18 City of La Quints Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 Table 1 Fiscal Year 2006/2007 Budget Expenditures Fundin Fiscal Year 2006/07 L & L Assessments General Fund -Parks Personnel Salaries -Permanent Full Time $160,165 $66,357 $93,808 Other Benefits & Deductions $72,462 $32,521 $39,941 Stand By $7,047 $4,700 $2,347 Stand By Overtime $6,149 $4,100 $2,049 Overtime $440 $300 $140 Total Personnel $246,263 $107,978 $138,285 Contract Annual Lighting & Landscape Report $15,000 $15,000 Services Landscape Lighting Maintenance $191,470 $157,470 $34,000 Riverside County Tax Roll Admin Fee $3,000 $3,000 Citywide Maintenance Contract $1,277,000 $708,000 $569,000 Traffic Signals Maintenance/Repair $72,000 $72,000 Tree Trimming $67,000 $55,000 $12,000 Security Service - Corporation Yard $1,100 $1,100 Total Contract Services $1,626,570 $1,011,570 $615,000 Rental Services Uniforms $1,000 $1,000 Total Rental Services $1,000 $1,000 Vehicle Facilities Charges $250,000 $250,000 Operations Fleet Maintenance $1,500 $1,500 Total Vehicle Operations $251,500 $1,500 $250,000 Utilities Electric $243,300 $108,900 $134,400 Phone $1,100 $1,100 Water $253,900 $152,000 $101,900 Total Utilities $498,300 $260,900 $237,409 Travel Training $1,950 $950 $1,000 & Meetings Total Travel Training & Meetings $1,950 $950 $1,000 Information Computers Printers and Services $3,500 $1,000 $2,500 Total Information Technology$3,500 $1,000 $2,500 Technology Operating Plant Replacement $46,120 $40,120 $6,000 Supplies Graffiti Removal $5,000 $4,000 $1,000 Safety Gear $600 $400 $200 Field Materials $76,120 $54,120 $22,000 Total Operating Supplies $127,840 $98,640 $29,200 Small Tools / Non -Capital $250 $250 Equipment Total Small Tools/Equipment $250 $250 Total Landscape & Lighting Budget $2,757,173 $1,483,788 $1,273,385 District Public Works Administration $14,300 $14,300 Administration Citvwide Administration $28,500 $28,500 Total District Administration $42,800 $42,800 Total Landscape & Lighting Expenditures $2,799,973 $1,526,588 $1,273,385 Less CSA 152 Revenue $100,000 Less General Fund Contribution $1,809,093 Balance to Levy $890,880 Total EDU 25,024.72 Levy Per EDU $35.60 MuniFinancial Page 10 19 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. Land Use FY 2006/2007 Parcel Count County Acres Prior Year Applied EDU Prior Year Applied Levy FY 2006/2007 EDU FY 2006/2007 Lev Agricultural Parcels 27 662.46 165.62 $5,895.76 165.62 $5,896.07 Exempt Parcels Golf Course Parcels 1,953 277 9,713.03 3,600.58 0.00 1,724.99 0.00 61,407.78 0.00 1,840.63 0.00 65,526.43 Hillside Conservation Parcels 19 758.62 75.86 2,700.50 75.86 2,700.62 Non -Residential Parcels 201 492.94 2,443.30 86,981.48 2,485.55 88,485.58 Rural / Estate Parcels 49 180.52 108.57 3,864.70 108.57 3,865.09 Single Family Residential Parcels 18,173 1,593.98 17,127.00 609,721.20 18,173.00 646,958.80 Vacant / Remote Parcels 29 495.85 307.89 10,960.70 307.89 10,960.83 Vacant Non -Residential Parcels 321 994.22 1,439.59 51,246.52 1,282.51 45,657.36 Vacant Residential Parcels 1,773 382.49 644.49 22,928.22 585.09 20,829.20 Total 221822 18,874.69 24,037.31 $855,706.86 25,024.72 $890,880.03 For Fiscal Year 2006/2007, there was a 987.41 increase in the total EDU assessed. Recently annexed parcels and parcels within the City Boundary that were not previously included were added to this report, accounting for 904.66 EDU. The remaining 82.75 EDU were added due to changes in County Land Use Classifications and development. MuniFinancial Page 11 20 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 Appendix A — District Assessment Diagrams The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. MuniFinancial Wage 12 J. 0 3 21 City of La Quinta Fiscal Year 2006/2007 Engineer's Annual Levy Report Lighting and Landscape District No. 89-1 Appendix B — 2006/2007 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. t A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2006/2007. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. MuniFinancial Page 13 22 COUNCIL/RDA MEETING DATE: May 2, 2006 ITEM TITLE: Public Hearing to Consider a Resolution Adopting the Fiscal Year 2006/2007 Through 2010/201 1 Capital Improvement Program and Making Certain Findings Pursuant to Health and Safety Code Section 33445 (a) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: C Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2006/2007 through 2010/201 1 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). FISCAL IMPLICATIONS: Adoption of the Resolution will approve the projects identified in the Fiscal Year 2006/2007 through 2010/201 1 CIP and make the necessary findings pursuant to the Health and Safety Code for use of Redevelopment Agency (RDA) Project Area No. 1 funds. Allocation of funds for these projects will not be approved until the City Council approves the Fiscal Year 2006/2007 annual operating budget. The first year of the five-year forecast, or capital budget, will be included in the City's annual operating budget. When the City Council approves the annual operating budget for Fiscal Year 2006/2007, it will also authorize the expenditure of $12,005,703 for Fiscal Year 2006/2007 capital project expenditures. The CIP was developed in a conservative manner using updated cost estimates for all projects. Projections were assumed using conservative estimates consistent with operating revenues. The projects for the next five years are based on considered need, and funding the City has available at this time with conservative projections of Development Impact Fees (DIF) anticipated being collected (300 units per year). CHARTER CITY IMPLICATIONS: Because RDA funding will be used on several of the proposed projects, the RDA funded projects will be bid with a requirement that the contractors pay prevailing wage. BACKGROUND AND OVERVIEW: On April 4, 2006, staff presented the CIP and five-year forecast to City Council for review during a Study Session. The document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works Department, Finance Department, Building and Safety Department, Community Services Department, Community Development Department, and the City Clerk's Office. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The amount allocated from the CIP for first year projects is called the capital budget and is based on the City's present fund balances. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive ultimate expenditure authority until they are incorporated into the capital budget. The 2005/2006 CIP identified $24,886,224 in capital improvement projects. All 2005/2006 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2005/2006 Project Status Report," which lists: one 1996/1997 project carried -over, one 2000/2001 project underway, one 2000/2001 project completed, two 2001 /2002 projects completed, one 2001 /2002 project underway, four 2002/2003 projects underway, three 2003/2004 projects underway, five 2003/2004 projects completed, three 2004/2005 projects underway, one 2004/2005 project completed, and five 2005/2006 projects underway. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all active CIP projects. The following are the City Council's comments from the April 4, 2006 Study Session: The City Council requested that staff analyze the availability of funding for the construction phase of Project No. ADO - Museum Expansion. If it is determined that funding is available, the City Council directed that the construction phase of the Museum Expansion be included for funding during Fiscal Year 2006/2007. The construction phase of the Museum Expansion improvements is now included for funding during Fiscal Year 2006/2007. The project is listed as Project 200610 t^ Museum Expansion. RDA Project Area No. 1 funds have been programmed for use 2 during the construction phase of the project. The use of these funds is contingent upon the State of California either reducing or eliminating the City's mandatory contribution to the Education Relief Augmentation Fund (ERAF). In addition, staff has identified annual operational expenses of $200,000. These annual operational costs will be funded from the City's General Fund. The City Council requested that staff evaluate the Cove Parking Lot to determine the level of effort necessary to make the parking lot more functional. An evaluation of the Cove Parking Lot has been included for study in the Public Works Department Annual Operating Budget. The City Council requested that staff update the Sound Study for Laguna De La Paz to determine if acoustical walls are now necessary. An update of the Sound Study for the Washington Street Corridor (including Laguna De La Paz) has been included in the Public Works Department Annual Operating Budget. In addition to these changes, staff has made the following corrections: 1. AD49 — Dune Palms Road Bridge Spanning the Whitewater River. This project is now listed as AD01. The project budget was increased to include $200,000 of Arts in Public Places (APP) funding toward decorative Bridge Railing. 2. AD17 — Avenue 58 Pavement Rehabilitation. This project was removed from the CIP. The project will be funded as part of the City's operation budget at the time specified by the City's Pavement Management Plan. 3. AD52-Dune Palms Road (Highway 111 to Avenue 48). This project is now listed as AD17. 4. Projects AD50, AD51 and AD53 have been renumbered to AD49, AD50 AND AD51 respectively. 5. 200502 — Avenue 52 Bridge Improvement (Spanning the All American Canal). The project budget was increased to include $200,000 of Arts in Public Places (APP) funding toward the decorative Bridge Railing. Staff anticipates this amount will only partially offset the actual construction cost of the decorative railing and safety wall. The budget identified for inspection during construction was increased to $300,000. 6. 200601 — Adams Street Bridge Improvement (Spanning the Whitewater River). The project budget was increased to include $200,000 of Arts in Public Places (APP) funding toward decorative Bridge Railing. Overall, the City is proposing approximately $67,943,719 in projects during the next five years. The remaining projects represent unfunded "Additional Projects" totaling $67,346,818. The funding of the "Additional Projects" listed will require future City Council consideration to ensure revenue availability. 3 Of special note is Project 200608 — SilverRock Resort Phase II Golf Course — Design Phase. This project is programmed for design during Fiscal Year 2006/2007. The necessary funding is identified as PA#1 Bond Issue. Bond issue funding will not likely be available during Fiscal Year 2006/2007. Subsequently, the design phase of the project will be paid for with RDA Project Area No. 1 funds currently appropriated for use on SilverRock Resort Improvements. The funds used will be reimbursed upon receipt of the Bond Issue funding. This CIP is developed using fiscally conservative methodology as directed by the City Council. Prior to proceeding with any project, City staff will present the project to the City Council for authorization. Health and Safety Code Section 33445(a) requires the City Council to make certain findings regarding the use of RDA funding for capital improvement and to consent to the use of the funding. The attached resolution contains the required findings, which are supported by the information in this report and by the staff presentation which will be made during the hearing. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2006/2007through 2010/010 Capital Improvement Program and making certain findings pursuant to Health and Safety Code Section 33445(a); or 2. Conduct a public hearing and modify the Fiscal Year 2006/2007 through 2010/201 1 Capital Improvement Program and direct staff to make necessary revisions, and adopt a Resolution approving the Fiscal Year 2006/2007 through 2010/201 1 Capital Improvement Program at a future City Council meeting; or 3. Provide staff with alternative direction. Respectfully submitted, 4mothyy R.(Ana4 n, P.E. Public Works Director/City Engineer Approved for submission by: P. Genovese City Manager Thomas y er g N RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2006/2007 THROUGH 2010/2011 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (the "City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration of adoption of the Plan; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090; and WHEREAS, the Plan is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the Plan is a statement of the City's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2006/2007 through 2010/2011 Plan proposes approximately $67,943,719 in improvement projects and $67,346,818 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2006 and ending June 30, 201 1; and WHEREAS; the amount allocated from the Plan for first -year projects, called the capital budget, proposes $12,005,703 in improvements, as shown in Exhibit 1, heretofore made a part of this Resolution; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to completely and fully fund the improvements identified within the capital budget; and WHEREAS, the completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment t Project Area No. 1 ("Project Area") as well as to afford an opportunity to eliminate conditions of blight in the Project Area; and 5 Resolution No. 2005- Capital Improvement Plan Adopted: May 2, 2006 Page 2 WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the capital budget. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council does hereby adopt the Fiscal Year 2006/2007 through 2010/201 1 Capital Improvement Plan, and approve the capital budget, as shown in Exhibit 1, heretofore made a part of this Resolution. SECTION 3. The City Council hereby consents to Agency funding to be utilized to fund certain improvements within the Fiscal Year 2006/2007 Capital Budget. SECTION 4. Pursuant to Health and Safety Code Section 33445 (a), the City Council finds and determines that: A. The proposed improvements identified within the Fiscal Year 2006/2007 Capital Budget are of benefit to the Redevelopment Agency Project Area No. 1 and to the immediate neighborhoods in which the improvements will be located. B. No other reasonable means of financing the improvements are available to the community. C. The proposed improvements identified within the Fiscal Year 2006/2007 Capital Budget will assist in the elimination of one or more blighting conditions inside the Project Area and are consistent with the La Quinta Redevelopment Agency's implementation plan adopted pursuant to Section 33490. BE IT FURTHER RESOLVED, the City Council for the City of La Quinta authorizes the inclusion of said capital budget into the Fiscal Year 2006/2007 operating budget, which appropriates funds for specific facilities, equipment and improvements. 170 Resolution No. 2005- Capital Improvement Plan Adopted: May 2, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of May 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1'71 7 H 00 S �o X � W � tom] r c > �V LL LL _ C O 10 U. O a 0 c a7 I- N LLJ 'O Cr c m QWa Qa S X C7 W OO FQ- M ZU ix W Q d W -) C. a C: > a LL 0 r- 0 cc C. N U J O c a o: Q Q U W J Q U N LL OcMC O N C (0OX N ;- C Lizn cc Mal m O O N LO 0 co > a iY C +J c � � c C_ t 7 a L CD D J C � O a f0 U C J C C @-) C Co 0E O O a -- a, c 1. C Cl O N u > Z j Q n 0 Z - iE cc a, o C ` 0 M i a C c c ) Q ( E c cc IC 70 Q O < 6 n O M O N O O O (o O_ N Ln O N Ln d' O M Co �� Q'C .N" OF T1 COUNCIL/RDA MEETING DATE: May 2, 2006 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions for: 1) Adoption of a Mitigated Negative Declaration for Environmental Assessment 2005-552; 2) Casa La Quinta Specific Plan 2005-076, for Design Guidelines and Development Standards for a 20-unit Residential Condominium Project; 3) Tentative Tract Map 34038, to Subdivide ± 1.23 Acres into One Residential Parcel and certain Common Area Lots; 4)Village Use Permit 2005-030, to Construct a 20-Unit, Two and One - Half Story Residential Condominium Building Up To 38.5 Feet in Height, with Sub -Level Parking, Involving Property Located on the South Side of Calle Tampico, the East and North Sides of Avenida Villa, and the North Side of Avenida Navarro. Applicant: Borrego Resort Holdings, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Resolutions of the City Council adopting a Mitigated Negative Declaration for Environmental Assessment 2005-552, and granting approval for Specific Plan 2005-076; Tentative Tract Map 34038; and Village Use Permit 2005-030, subject to Conditions of Approval acknowledging that final entry ramp and trash area design may require moderate to substantial re -design of the project. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The 1.23-acre project site encompasses almost one full block in the Village at La Quinta, and is located on the south side of Calle Tampico between Avenida Villa and Avenida Navarro (Attachment 1). The block is vacant, except for ongoing construction at the 4 '� northeast corner, associated with a commercial office building (Coronet) on two existing lots. Street improvements, including curb/gutter, have been installed around the site perimeter. There is no sidewalk other than along the project frontage on Calle Tampico. The site is devoid of any significant vegetation, topography or landmarks. An existing fire hydrant is located near the southwest corner of the property. Properties adjacent to the site are developed with a mix of residential and commercial uses, with vacant property to the south, adjacent to Frances Hack Park. The City public parking facility is located adjacent to the site, to the southeast across Avenida Navarro. On November 22, 2005, the Planning Commission reviewed a proposal which included consideration of a General Plan Amendment, to allow a 31-unit, 3'/2 story development with a density of 25.2 units per acre. The applicant subsequently withdrew consideration of that project design, and revised his plans to be more consistent with existing City policy and codes, concerning density and height. Project Request The applicant proposes a 2'/2 story, 20-unit condominium project on the 1.23 acre site. Parking will be in a sub -grade parking area underneath the entire building (Attachment 2), with gated access to Avenida Villa. The building shows varied rooflines at heights ranging from 33.5 to 38.5 feet, but the applicant has recently indicated that engineering revisions to the project entry drive ramp and grade could potentially increase heights by approximately 2 feet (refer to further discussion under Entry and Ramp Design). The Village Commercial (VC) district allows building heights of two stories, up to 35 feet. The proposed Specific Plan process is being used to establish project -specific height parameters for this development. The applicant has filed the Specific Plan and Tentative Tract applications, along with the Village Use Permit. The building abuts an approved 2-story office structure, with similar sub -grade parking, that is under construction at the northeastern corner of the project area. This building was approved at a height of 34.1 feet, and is a blending of Mediterranean and Spanish architectural elements (Attachment 3). Specific Plan 2005-076 The project specific plan is required primarily due to the proposed building height of 2 Y2 stories at a 38.5 foot maximum. The specific plan document defines the sub -level parking area as non -habitable space, thereby excluding it as a story; only the residential levels are counted as stories. In addition, the building height is set at a maximum of 38.5 feet. Minor architectural projections, such as "Elevator penthouses, mechanical screens, wireless communication equipment, projections of towers, stair towers, cupolas, mansards, domes and similar architectural projections" may extend above the allowed building height limit. The Village Commercial zoning restricts building height at two stories, not to exceed 35 feet. The document contains design exhibits corresponding to the larger scale exhibits submitted with the Village Use Permit and Tentative Tract applications. No other relief or deviations from City standards have been requested. 174 NOTE: Staff had asked the applicant to design the entry ramp and grade break to specified engineering standards, in order to insure the design was achievable without significant modification to the building design criteria, specifically the overall height. At present, the entry grade design parameters have the potential to increase all or part of the building height by about two feet, to potentially range between 35.5 and 40.5 feet in height. The design currently being worked on by the applicant has addressed this to some extent, lowering the highest ridge line point to 40.0 feet. Tentative Tract 34038 The proposed tract map application divides the existing eight parcels on the site into one, 1.23 acre condominium lot (Attachment 4). Village Use Permit 2005-030 The proposed building will have a sub -level garage and two residential levels that include 9 floor plans, ranging from 1,566 to 3,274 square feet. The building units require 66 total parking stalls, inclusive of guest parking, all of which are provided in the sub -level garage. The project as designed meets current parking requirements, including stall depth, width, aisles and support columns. There is an internal open courtyard, which contains a pool and common amenity area, surrounded on all four sides by the building (Attachment 5). The building will be covered in a smooth textured plaster of varying colors. Pre -cast stone elements will be used on trim areas of the building faces. The roof utilizes hip and gabled designs, with ornamental rafter tails, and is covered with a 2-piece mission clay tile. Extended trellis structures emanate from the upper balconies, and tiled shed -roof awnings are placed over some second floor windows. The overall building utilizes a combination of arched and squared -angle recesses, with alternating recessed building elements and a pronounced building entry at the east (Avenida Navarro) elevation. The balcony railings are shown as being an ornamental iron. Some balcony elements of the building on the above -grade residential floors project out farther than the ground -based footprint, which is allowable by both the zoning code and the Specific Plan process. The landscape concept provides a complete plant palette and conceptual landscaping plan. The interior courtyard will be primarily hardscape, with isolated planters and planting pots located around the pool area, and as accents along building walls. Small planters with ground cover and palm trees will be located around the pool. There are brief pockets of turfed areas provided, noted as transition areas, in the outer perimeter setbacks, which vary from a minimum of 20 feet along Tampico, to a range of 5 to 20 or more feet from building face to edge of sidewalk along Avenida Villa and Navarro, depending on the building recess at any given location. Generally, the landscaped setbacks average 8 to 14 feet along these two streets. The landscaping will incorporate an approximate 5:1 slope up, from the inside edge of sidewalk to its bench along the building face, to allow for a slight rise in grade that, along with landscaping, will help screen the above grade parking structure. There are shade and decorative tree species proposed for the landscaping along all street perimeter setback areas, located in V 5 attempt to accent the building design. Overall, the landscape plan should accent the architectural appearance of the project and enhance the intended theme. Architecture and Landscape Review Committee (ALRC) Action On March 1, 2006, the ALRC reviewed the proposed architectural and landscape plan for the project, and unanimously recommended approval of the Village Use Permit by Minute Motion 2006-005 (Attachment 6), subject to incorporation of the following: 1. The tile roof material shall be a two-piece mission clay style. Tile shall incorporate a mudded treatment, if a similar treatment will be incorporated with the adjacent Coronel office building under construction. 2. Provide recessed windows, eave extensions and other elements that will achieve a greater degree of solar control. 3. Building edges shall incorporate rounded corners. 4. All exposed wood trellis structures shall be pressure -treated or a glue -lam construction. The ALRC briefly discussed the building's mass in relation to surrounding streets and land uses. It was the general consensus of the ALRC that the land use and density proposed were consistent with the Village design concepts and approach, and was supportive of the project as designed. However, they did voice general concerns with the intensity of the project and its effect on architectural design interpretations that could occur in the Village. The ALRC cautioned that, while these types of projects should be encouraged, the City needs to be extremely sensitive to the review of higher density/intensity projects in relation to architectural design. Historic Preservation Commission (HPC) Action On February 16, 2006, the HPC reviewed the Cultural Resources Survey and Paleontological Records Review conducted for the project, and unanimously accepted these studies by adoption of Minute Motions 2006-001 and 002, respectively, subject to incorporation of standard mitigation requirements typical of all projects. The archaeological report recommends that the site be given a complete and unconditional clearance for CEQA purposes. The paleontological records search did not indicate that any paleontological localities have been found on the property, nor within a one -mile radius of the site; as a result, a field survey will be required. All other recommendations of the HPC have been incorporated into the project approval conditions. These include the comments and concerns provided by Indian tribal organizations as part of the S1318 consultation process; comments received after the Planning Commission hearing have been added and noted in the staff -recommended condition revisions, and the SB 18 process has been concluded. 1 7C Planning Commission Action The Planning Commission, at its April 11, 2006 meeting, recommended approval of the project. At the public hearing, testimony was given by the developer in regards to the project design and concept. No on else spoke on this item, and no written communications regarding this project were received. A letter has been received from Coachella Valley Recreation and Parks District (CVRPD), in regard to an assessment district which they are asking for developer contributions toward, or formation of (Attachment 7). CVRPD letter states that this assessment district is necessary to offset cost of new facilities and maintenance, associated with CVRPD facilities. Staff has sent a response to CVRPD, requesting clarification as to the nature and origin of the assessment district being referenced (Attachment 8); a response to this letter was recently received from CVRPD (Attachment 9). Staff does not recommend placing a condition on this project for an assessment district that has not been reviewed by the City. The minutes of the April 11 Planning Commission meeting are included (Attachment 10). Discussion focused on the following issues and concerns: • Building Height — The Planning Commission carefully reviewed the proposed building height and parking structure concepts. Staff clarified the specific plan's approach to height and its method of measurement. Staff also clarified the allowance of a 5 % height increase over the maximum building height, as being applicable only when technical design requirements require an increase in height for the building or any portion thereof. This was specifically intended to address potential height problems due to the sub -level parking access ramp, the final design of which has been ongoing. A revised entry plan and entry ramp section/profile will be presented at the City Council meeting. • The Planning Commission also discussed the building architecture, courtyard and private patio area landscaping, provision of bicycle facilities, and design of the courtyard itself. It was recommended that the site and building security measures, as provided by the La Quinta Police in their February 28, 2006 response to comments, also be incorporated into the recommended conditions of approval. The Planning Commission made specific additions to the conditions, based on discussion of the above topics. The Planning Commission commented that every effort should be made to keep the building below 40 feet in height. Staff has added Condition 81, based Planning Commission direction, to provide general parameters for height measurement and establishing grade basis for the building sub -level floor. The applicant has since been working on a ramp design to address these requirements (see Access and Ramp Design). 1'� " Analysis The overall architectural approach for this development, as presented, is consistent with other area projects, and the Village Design Guidelines. However, the project design, as it relates to land use and density in the Village, has a mass and scale which is taller and larger than past Village projects and other existing structures. The project is consistent with the Village Design Guidelines in terms of land use, architecture and overall scale. The project scale, while at first appearing to be inconsistent within the Village context, is consistent with the scale of other recent commercial buildings which have been approved and built since the inception of the Village Design Guidelines in 1998. These buildings have set the tone for a Village theme of narrowing streets for more intimate settings and streetscapes (Old Town example). However, these approaches have been developed and applied almost exclusively to commercial projects. In achieving a reasonable project density for an urban scale residential project, the applicant has made an attempt to provide a more pedestrian scale as well, by incorporating parking under the building and providing staggered setbacks to the building, both vertically and horizontally. While the sub -grade parking adds about 5 feet to the structure height, it extends the highest points of the roof peak only 3.5 feet, while a majority of the roof maintains the Village height limit of 35 feet. Staff has worked extensively with the applicant to address the architectural massing of the project, in an attempt to achieve a balance between the project scale, and the more village/town scale envisioned for the Village. Structural massing of the building on the streetscape was analyzed, and consideration of parking, height limits, plate line setbacks, and other factors were considered in trying to achieve this balance. In order to achieve more viable projects in the Village and effect a higher and more efficient use of these small properties, projects will need to utilize more adaptive approaches to commercial and residential development, and their proper intensity of development. The Planning Commission found that the project design, height and overall scale are consistent and compatible with City policies and codes. Access and Ramp Design Subsequent to the Planning Commission action, staff has continued to work with the applicant on the entry ramp design for the project. After lengthy discussion, the Planning Commission recommended that the parking level be recessed 4 to 5 feet below grade. The applicant has been re-evaluating the vehicle entry ramp design to address technical design considerations. The ramp also needs to be designed to allow better line of sight for traffic, and be at or near level at the sidewalk. Staff has met with the applicant and their parking structure consultant, to determine design criteria for a workable ramp design that will retain the building at 4 to 5 feet below grade. It should be noted that staff has been requesting ramp profile information over the past year, and have only recently been able to make real progress on a solution to this. Based on the latest proposed ramp design prepared by the applicant's consultant, the lowest parking floor level elevation that can be achieved, within reasonable ramp design parameters, is at 4.32 feet below grade, as measured from the adjacent property line grade at the ramp. The site has about a one foot grade differential, sloping to the east, which would place the floor generally between 3 to 3.5 feet below adjacent grade on the north and east sides of the site. As the clearance from garage floor to ceiling is about 10.5 feet, there may be 7 or more feet of exposed parking structure visible to the street. This is a significant concern, relative to achieving an appropriate scale for the project, as the first residential level windows will be too far above the sight line of the streetscape. Staff will continue to work with the applicant until an acceptable project entry can be designed at a sub -floor grade of 4 to 5 feet, or, any project re -design necessary to accommodate this requirement. Staff will provide the updated information to the City Council at the hearing. The following revisions to the recommended conditions of approval are necessary, to assure the project is designed appropriately: • Revise Condition 40 of the Village Use Permit, and Condition 52 of the Tentative Tract Map, to remove the reference to the ITE design standard requirement, and substitute revised language. • Revise Condition 42 of the Village Use Permit, to reflect Waste Management criteria for recycling and trash facilities. • Revise Condition 81 of the Village Use Permit, to require a garage finish floor depth of between 4 and 5 feet below grade, and including a requirement that the Planning Commission and City Council shall review any revisions determined to be substantial by the Community Development Director, as a Business Item. • Revise Conditions 85 and 87 of the Village Use Permit, and Conditions 67 and 69 of the Tentative Tract Map, to include final concerns expressed by the Ramona Band in regard to ultimate disposition of uncovered artifacts. FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications 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 adopting a Mitigated Negative Declaration (Environmental Assessment 2005-552) according to the findings set forth in the attached Resolution; and, Adopt Resolutions of the City Council approving Specific Plan 2005-076, Tentative Tract Map 34038 and Village Use Permit 2005-030, subject to Conditions of 170 Approval acknowledging that final entry ramp and trash area design may require moderate to substantial re -design; or, 2. Do not adopt Resolutions of the City Council, adopting a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-552; Specific Plan 2005-076, Tentative Tract 34038 and Village Use Permit 2005- 030; or 3. Continue these items to a date specific; or 4. Remand the requests back to the Planning Commission for additional study; or 5. Provide staff with alternative direction. Respectfully submitted, Douglas 1/tvans Community Development Director Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Project site map 2. Garage (sub -level) floor with site plan 3. East Elevation of Coronel office building 4. Tentative Tract 34038 5. Avenida Villa (west) Building Elevation 6. ALRC minutes of 3/1 /06 7. Letter from CVRPD, dated 3/10/06 8. Letter from Community Development Department, dated 3/30/06 9. CVRPD response letter, dated 4/20 10. Planning Commission minutes of April 11, 2006 ISO RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2005-076, TENTATIVE TRACT MAP 34038 AND VILLAGE USE PERMIT 2005-030 CASE NO. ENVIRONMENTAL ASSESSMENT 2005-552 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did, on the 2"d day of May, 2006 hold a duly noticed Public Hearing to consider a recommendation from the La Quinta Planning Commission, regarding certification of Environmental Assessment 2005-552, prepared for Specific Plan 2005-076, Tentative Tract 34038 and Village Use Permit 2005-030 located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 t" day of April, 2006, adopt Planning Commission Resolution 2006-018, recommending to the La Quinta City Council certification of a Mitigated Negative Declaration based on the findings of Environmental Assessment 2005-552; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2005-552) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact should be adopted; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the La Quinta City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed applications 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 2005-552. City Council Resolution No. 2006- Environmental Assessment 2005-552 Borrego Resort Holdings, Inc. Adopted: May 2, 2006 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. Development of the site has the potential to impact cultural and paleontological resources. However, the mitigation measures included in the project approval will reduce these potential impacts to less than significant levels. 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. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing variety in housing opportunities for City residents. 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. The construction of 20 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. The project provides 66 on -site parking stalls, constituting 100% of the required total parking for the project. The gated access will not create significant additional traffic congestion, as it will service only 20 residential units and allows for access to guest parking within the building. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has no potential to adversely affect human beings. Development of the site will generate PM 10; however, the standard requirements for dust control have been incorporated into project approval. No significant long-term noise impacts have been identified. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 1 City Council Resolution No. 2006- Environmental Assessment 2005-552 Borrego Resort Holdings, Inc. Adopted: May 2, 2006 8. The Planning Commission has considered Environmental Assessment 2005-552 and said reflects the independent judgment 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. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2005-552 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2005-552 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of May, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 133 City Council Resolution No. 2006- Environmental Assessment 2005-552 Borrego Resort Holdings, Inc. Adopted: May 2, 2006 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 134 Environmental Checklist Form 1. Project title: Specific Plan 05-076, Village Use Permit 05-030, and Tentative Tract Map 34038, Casa La Quinta 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Wally Nesbit 760-777-7125 4. Project location: The southeast corner of Avenida Villa and Calle Tampico, APN 773-076- 002 through -005, 773-076-010 through -013 5. Project sponsor's name and address: Borrego Resort Holdings 16353 SE River Forest Pl. Milwaukie, OR 97267 6. General plan designation: Village Commercial 7. Zoning: Village Commercial 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) A Specific Plan and Village Use Permit to establish the design standards and guidelines and allow the construction of a 20 unit condominium project on a 1.23 acre parcel. The Tentative Tract Map is proposed to subdivide the 1.23 acres into a condominium map, consisting of one lot. The project would include a sub -grade parking level, and two floors of living area. The building is proposed in a "U" shape. A total of 100,218 square feet is proposed. Building roof peak heights are proposed to extend up to 38.5 feet at some locations. Access to the project will be provided into the parking level from Avenida Villa. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Existing commercial offices, Ben Franklin Elementary school (Village Commercial) South: Vacant lands (Village Commercial) East: Vacant and developed commercial land (Village Commercial) West: Vacant lands, existing single family residential (Village Commercial) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 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 Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance 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. X 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 project proponent. 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" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature -2- Date 186 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 referenced 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) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than 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 XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses 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). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures 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. 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) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a proj ect's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -3- 1 137 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors") b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing visual character or quality of the site and X its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed project will result in the development of 20 condominiums on 2%2 stories (2 stories of living space plus a semi -underground garage). The project site is located on the south side of Calle Tampico. Commercial and elementary school facilities exist to the north, one-story single family homes exist to the west, commercial and vacant lands are to the east, and vacant and park lands lie to the south. The primary views in this area of the City are to the west and south, with the Santa Rosa mountain foothills located less than one mile west of the site. The commercial and school facilities will not be significantly impacted by the project, due to the distance separating the sites, and the orientation of the views. Single family homes to the west will maintain the same views to the west. Views to the east will be obstructed, but do not include any identified or other apparent scenic vistas. The project site is currently vacant, and does not include significant trees, rock outcroppings or historic buildings. The visual effect of the land use proposed, a multi- story residential building at higher densities, is something that has not been considered in the Village area to date. Such developments on substandard, antiquated blocks of land can overpower the streetscape and be out of character with the surrounding development, if not designed in a sensitive context. The project is consistent with the Village Development Guidelines in terms of land use and architecture. The project scale, while at first appearing to be inconsistent with the Village context, is actually not far removed from the general parameters of other commercial buildings which have been approved and built since the inception of the Village Guidelines in 1998. In achieving a reasonable project density for an urban scale project, the proponent has made an attempt to provide a more pedestrian scale as well, by incorporating parking under the building and providing staggered setbacks to the building, both vertically and -4- 188 horizontally. While the sub -grade parking adds about 5 feet to the structure height, it extends the highest points of the roof peak only 3.5 feet, while a majority of the roof peaks maintain the Village height limit of 35 feet. This is considered to be a minimal aesthetic consideration, given that the site provides 100% of its 66 required parking stalls on -site, which is much more critical in marketing a residential project than for commercial projects in general. NOTE: The applicant is still working to final the design of the garage level entry ramp, which could affect the building height. At present, there is the potential for the ultimate design to effect a 2 foot increase in the overall building heights, creating a range from 35.5 to 40.5 feet in height. While not negligible, this increase would not result in a significant effect on surrounding properties beyond the original proposal. Overall impacts associated with scenic resources are expected to be less than significant. d) The construction of the proposed project will increase light generated at the site, primarily through landscaping and site lighting. Lighting from vehicle headlights will be very limited, due to the location of the parking in an underground garage. The Specific Plan, and the Development Code, require that all on -site lighting be fully shielded and not allow for spill -over to adjacent properties. These requirements will assure that impacts associated with on -site lighting will be less than significant. 139 -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) The project site is located in the urban core of the City. No agricultural activities occur within several miles of the project site. Lands surrounding the project are mostly built out, and have been for some years. There are no Williamson Act contracts on the property. No impacts to agriculture are expected. 190 -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X 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) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo) III. a)- e) The South Coast Air Quality Management District (SCAQMD) is responsible for the monitoring of air quality in the City, and the implementation of air quality management plans. The development of air quality plans by the SCAQMD was based on the City's General Plan land uses and mapping. The proposed project is consistent with the land use designation of Village Commercial, which allows commercial and high density residential land uses. Therefore, the proposed project is expected to be consistent with these plans. The proposed project will generate short term air quality impacts associated with site grading and construction. The City and Coachella Valley experience significant concentrations of PM10 (particulate matter of 10 microns or less); the Coachella Valley is consequently in non-compliance for PM10. The Valley began implementing more stringent measures to control PM 10 with the adoption of an updated management plan in 2002. The City will implement these requirements as part of the grading permit process which will be applied to the project, including the preparation of a PM10 management plan. The mass grading of the project site has the potential to generate 32.47 pounds of fugitive dust per day. This is well below the thresholds of significance established by SCAQMD. 191 The grading of the site will require construction equipment which will also result in air quality impacts. Due to the small size of the site, however, limited equipment is expected to be required. The equipment required and the resulting emissions are shown in Table 1, below. Table 1 Grading Equipment Emissions - Diesel powered (hounds her dav) Equipment Pieces hrs/day CO ROC Nox Sox PM10 Fork Lift - 50 hp 0 8 - - - - - Fork Lift - 175 hp 0 8 - - - - - Trucks - Off -Highway 0 8 - - - - - Tracked Loader 0 8 - - - - - Tracked Tractor 0 8 - - - - - Scraper 1 8 10.00 2.16 30.72 3.68 3.28 Wheeled Dozer 0 8 - - - - - Wheeled Loader 0 8 - - - - - Wheeled Tractor 1 8 28.64 1.44 10.16 0.72 1.12 Roller 0 8 - - - - - Motor Grader 1 8 1.21 0.31 5.70 0.69 0.49 Miscellaneous 1 8 5.40 1.20 13.60 1.14 1.12 Total: 45.25 5.11 60.18 6.23 6.01 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 As demonstrated in the Table, emissions from equipment used during the grading process are expected to be less than significant. The operation of the project will also result in air emissions, primarily with those associated with motor vehicles. The 20 condominiums are expected to generate approximately 117 average trips per day'. Table 2 shows the resulting emissions. Table 2 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 117 x 15 = 1,755 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Pounds at 35 mph 0.50 9.72 1.2 - 0.04 0.04 SCAQMD Thresholds of Significance 75.00 550 100 150.00 1 "Trip Generation, 7t' Edition," prepared by the Institute of Traffic Engineers, for category 230, residential condominium/townhouse. -8- � !� r1 As demonstrated, the proposed project is not expected to exceed thresholds of significance associated with long term air emissions. The development of 20 condominiums is not expected to expose persons to pollutant concentrations, or to generate objectionable odors. Overall impacts associated with the development of the proposed project are expected to be less than significant. i93 -9- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X 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 (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X 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? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? General Plan MEA, p. 78 ff.) IV. a)-fl The proposed project site is vacant, previously graded and level land, in an area that is mostly developed. The site has been disturbed by previous grading activities, and contains only sparse, low-lying vegetation. No sensitive habitats occur on the site. The site is not identified in the General Plan as being within an area which requires surveys for sensitive species. The site is not within the boundaries of the Fringe -toed Lizard Habitat Conservation Plan mitigation fee area, nor is it considered for conservation in the Coachella Valley Multiple Species Habitat Conservation Plan. The development will not conflict with any City preservation ordinances, or with the implementation of either the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan or the Multiple Species Habitat Conservation Plan. Overall impacts associated with biological resources are expected to be insignificant. 195 -11- Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in ' 15064.5? (Cultural Resource Survey, Foothill Archaeological, 3/05) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'15064.5? (Cultural Resource Survey, Foothill Archaeological, 3/05) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) d) Disturb any human remains, including X those interred outside of formal cemeteries? (Cultural Resource Survey, Foothill Archaeological, 3/05) V. a)-d) A cultural resource survey was conducted on the proposed project site2. The study began with records searches. The archaeologist also performed an on -site survey which identified no resources on the surface of the site. The City has complied with the requirements of SB 18, in regard to notification of Indian Tribal organizations which may have resources potentially affected by the project. Of the 26 tribes contacted, 4 responded requesting consultation under the SB 18 legislation. To date, the City has resolved any issues with 3 of the 4 consulting tribes, and is in conceptual agreement with the concerns of the last remaining tribal organization, the Ramona Band of Cahuilla Indians. Their concerns are not considered significant as they involve monitoring and curation issues which are being addressed by the City on all projects at the present time, and which will be applied to this project as well. The Historic Preservation Committee (HPC) has established a policy requiring that all projects include on -site monitoring for trenching and grading activities, to which this project will be subject. This monitoring will assure that impacts to cultural resources are reduced to less than significant levels. The following is a complete list of adopted HPC recommendations: A. The site shall be monitored during On and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 2 "A Cultural Resources Survey of the Proposed Casa La Quinta Project," prepared by Foothill Archaeological Services, March 2005. 1 (1 r -12- B. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. C. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. D. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. E. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians. F. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Agua Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. The project site occurs within the boundaries of ancient Lake Cahuilla. The project proponent conducted a records search for paleontologic resources, but did not conduct an on -site survey. The HPC also considered the potential for paleontological resources on the site, especially given the site's location within the ancient lakebed, and concluded that an on -site survey was required, in addition to monitoring. In order to assure that potential impacts associated with paleontological resources are reduced to less than significant levels, therefore, the following mitigation measure shall be implemented: 1. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to Community Development Department and shall be provided to site monitors prior to beginning of any earth -moving. 2. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a 197 monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 3. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 4. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 5. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. The project proponent, or his contractor, is required by state law to report any human remains which might be uncovered during grading. The site is not a known burial site, but should such remains be identified, the provisions of law will assure that the potential impacts are reduced to less than significant levels. With implementation of the mitigation measure above, the overall impacts to cultural resources are expected to be less than significant. +D -14- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, X io for landslides. Soils in the City are not expansive. The proposed project will be required to connect to sanitary sewer, and no septic systems will be installed. Impacts associated with geology and soils will be less than significant. -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X 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 X 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 X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X r significant risk of loss, injury or death 'v ` -17- involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The development of 20 condominium units will not result in any impacts from hazards or hazardous materials. The residents will participate in the household hazardous waste programs implemented by Waste Management throughout the City. There are no identified hazardous materials sites within the project area. The downtown has been integrated into the City's emergency preparedness planning for some years. There are no wildlands located adjacent or near the project site. -18- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X 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 (e.g., 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 anted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (Preliminary Hydrology Report, Hacker 02/06) d) Substantially alter the existing drainage X 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? (Preliminary Hydrology Report, Hacker 02/06) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Preliminary Hydrology Report, Hacker 02/06) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Preliminary Hydrology Report, Hacker 02/06) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Preliminary Hydrology Report, Hacker 02/06) VIII. a)-g) The Coachella Valley Water District (CVWD) is responsible for the provision of water to the site for domestic and landscaping uses. CVWD's Urban Water Management Plan identifies sufficient water supplies, now and in the future, to serve its service area. The City also implements water conservation through landscaping irrigation controls and installation of efficient fixtures. Impacts associated with groundwater are expected to be less than significant. A hydrology study was prepared for the proposed project3. The study analyzed the required storage needed to assure on -site retention of the 100 year storm, as required by the City. The hydrology design proposes the construction of a subterranean retention system under the parking area. The hydrology analysis determined that a structure capable of retaining 10,000 cubic feet of runoff was needed to meet the City's standards. This will require the construction of a structure or structures, called "StormTrap"' with two rows, one 5 feet deep and 170 feet long, and one 5 feet deep and 184 feet long. The study further proposes two potential alternatives for the ultimate disposal of storm water from this retention structure: either through percolation, or through the installation of pumps which would remove storm water from the site and dispose of it in existing off -site drainage facilities. The ultimate method of disposal and adequacy of methodology will be determined by the City Engineer, who will continue to review the hydrology analysis through final design, to assure that the hydrology design is sufficient to meet City standards. These requirements will assure that the storm water generated on the site represents a less than significant impact on area storm facilities in the future. The City requires the implementation of best management practices, as described and required in the National Pollution Discharge Elimination System, during construction to assure that water erosion does not contaminate surface water. These requirements will reduce potential impacts associated with erosion of soils to less than significant levels. The subject property is not located within a 100 year flood plain, as mapped by FEMA. 3 "Preliminary Hydrology & Drainage Report Tentative Tract No. 34038," prepared by Hacker Engineering, February, 2006. -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X 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 purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) IX. a)-c) The project site is currently vacant, so the proposed project will not divide a community. The Village Commercial land use designation allows the broadest range of commercial and residential uses, and was envisioned to allow a mix of such uses in the Village area. The land use of the project is therefore consistent with the designation placed on the property, and there will be no conflict with City plans or policies. The Specific Plan is proposed, as allowed in the General Plan, to allow the flexible and innovative use of design and site planning to vary from the City's adopted zoning codes. As allowed by the General Plan and Development Code, the Specific Plan sets the site -specific design standards and guidelines for the project site, related specifically to height. In all other aspects the project concept and preliminary plans are in conformance with the balance of the remaining applicable zoning code standards. No applicable habitat conservation plan is in place that affects this site. No impacts associated with land use are expected. Staff has worked extensively with the applicant to address the architectural massing of the project, in an attempt to achieve a balance between the urban scale associated with higher density development and the more village/town scale envisioned for the Village at La Quinta. Structural massing of the building on the streetscape was analyzed, and consideration of parking, height limits, plate line setbacks, and other factors were considered in trying to achieve this balance. -21- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource 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 X 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.) X. a) & b) The site is located in an area of the City designated Mineral Resource Zone MRZ-1, which indicates that no resources occur. There will be no impact to mineral resources as a result of the proposed project. -22- cam. t Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards X established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) e) For a project located within an airport X 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) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-fl The proposed project is located in the Village area of the City. The project proposes condominiums above the street grade, on two floors. Windows and balconies will be located on the street sides of the project, but all outdoor activity areas are proposed to occur in the center of the U-shaped building, shielded from the noise generated by the surrounding streets. Since noise is significantly lessened by intervening structures, As part of the building permit process, the City requires that building construction result in interior noise levels of 45 dBA CNEL, and exterior noise levels of 65 dBA CNEL. The proposed project will be required to demonstrate compliance with this City -23- r? , ry '1 ti �') standard. Impacts are expected to be less than significant. The project site will generate higher noise levels during construction, but construction noise impacts are not anticipated to be significant beyond the level of nuisance. There are few sensitive receptors adjacent to the site, mostly single family residential structures. A school is located northerly of the site, across Calle Tampico.. The street right of way and setbacks represent a separation of over 100 feet. Activity areas for the school are located away from the street, and screened by school buildings. Further, the project construction is restricted by City municipal code to occur during the prescribed day time construction hours, as set forth. It is not anticipated that noise levels at the school will exceed City standards, and that impacts will be less than significant. The property is not located within the influence area of an airport or airstrip. -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth X 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 X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The construction of the 20 condominiums will not result in substantial population growth, or the need for additional housing. The site is currently vacant, and development of the project will not displace people. No impacts associated with population and housing are expected. The project will provide a housing type alternative at the higher end of the housing market, and will promote a limited degree of pedestrian mobility due to its central proximity to the La Quinta Village area. It will also provide for all resident and guest parking in the sub -grade parking facility, thereby getting cars off the street as well as away from view, which will serve toward promoting pedestrian movement. -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XHI. 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) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) The construction of 20 condominiums will have a limited impact on public services. The project will be required to contribute the required development impact fees, which include police and fire service facilities improvements, as well as park maintenance. Quimby fees will be required for the purchase of park lands The project proponent will be required to pay the school fees in place at the time of development to mitigate potential impacts to schools. These fees, along with the property tax generated by the construction, and the sales tax generated by the residents, will offset the cost of providing public services to the site. Overall impacts are expected to be less than significant. The La Quinta Police function as the City policing authority through the Riverside County Sheriff's Office by contract with the City of La Quinta. Their Office provided a letter, dated February 28, 2006, which recommends several measures for the project's incorporation to provide a safer and more secure development. Those recommendations have been incorporated into the project approval as appropriate, to address the police concerns. 0 -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) As stated above under Public Services, the proposed project will contribute the equivalent of 0.168 acres of park land under the City's Parkland Dedication ordinance (Quimby Act requirements), and development impact fees, to mitigate potential impacts associated with parks and recreation. In addition, the site includes recreational amenities, including a pool area and passive recreation facilities, which will be available to all project residents. No impacts are expected. The City received a comment request response letter from the Coachella Valley Recreation and Park District (CVRPD) requesting certain mitigation measures for developer formation or annexation to what is referred to as the La Quinta Valley Recreation and Park District Landscaping and Lighting Assessment District (District). The City is not familiar with this District or any requirements that pertain to it, and has requested that CVRPD provide a copy of their recently adopted Master Plan, and detailed information on the nature and purpose behind this LLA District. From a nexus and proportionality standpoint, the City already has in place a Park Dedications Ordinance (Quimby Act) to address new park site creation, and a Development Impact Fee, which addresses ongoing maintenance and development of park facilities City- wide. No further impacts from this project are anticipated that would warrant a requirement to participate in this district, that can be reasonably ascertained at the present time based on available information. r)II -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X 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 X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X 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 due to a. X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (SP 05-076) e) Result in inadequate emergency X access? (SP 05-076) f) Result in inadequate parking capacity? X (SP 05-076) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) XV. a)-g) As previously stated, the proposed project will generate approximately 117 daily trips. The land use contemplated with the project is consistent with the General Plan designation for the property. The General Plan EIR did not identify long term deficiencies in level of service for this area of the City. Further, the residential land use will generate fewer trips than would a commercial retail project of similar size. It is likely, therefore, that the proposed project will have a lesser impact on the traffic and -28- circulation in the area than anticipated in the General Plan. Impacts associated with the proposed project will be less than significant. The proposed gated entry has stacking room for one car at the entry keypad. With this design, it would be preferable to have one additional stacking space for entry vehicles, but more importantly, the design does not allow for vehicle turnaround of rejected cars. The proposed design requires that a vehicle that is denied entry to the parking area must back up the entry ramp and out on to Avenida Villa, a situation where a driver's view line will be highly obstructed by the ramp angle. The reality is that, even with adequate stacking for the current design, there always will be the potential for entry traffic that may not be able to back out if blocked by cars behind. To best address this, staff and the applicant have conceptually agreed on a system by which a visitor would use on street parking and access the resident via a walk-up intercom box placed near the driveway. One or two on -street spaces would be designated for 20 minute parking, or as a loading or stopping -only space. The immediate area around the driveway would be red -curbed to minimize view obstruction into and out of the garage access. This will provide a reasonable alternative to traffic queuing up in the entry and should address most instances in this situation. It is also anticipated that the small number of residential units will result in minimal visitor traffic, as well as the fact that Avenida Villa is a very short local street and will have very limited traffic. In addition, as residents and their guests are more permanently established and become "settled in" with regard to guest parking protocol, problems should be inherently minimized. The access to the project site will be approved by the City and the Fire Department, to assure that adequate emergency access is provided on site. The proposed project proposes to provide 100% parking on site, consistent with the requirements of the Development Code. The proposed project is located on a Sunline transit route, and residents will have access to that service. Overall impacts associated with traffic and circulation are expected to be less than significant. -29- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X 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 X 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) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project 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) Be served by a landfill with sufficient X permitted capacity to accommodate the proj ect's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) The construction of 20 condominiums will have a limited impact on utilities. The City's water and sanitary sewer provider is CVWD. CVWD has indicated its ability to -30- w 4 serve the project site. The City requires retention of the 100 year storm on site, so that storm flows do not impact City streets. Waste Management of the Desert serves the project, and will add these homes to their service when constructed. They dispose of waste at several regional landfills which have capacity to serve the proposed project. All utilities charge connection and service/utilization fees to new customers. Rate structures are designed to include not only current service, but required expansions or upgrades to services in the future. Therefore, the fees charged by the utilities assure that the impacts to their services are less than significant. -31- n i s Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X 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 X achieve short-term, to the disadvantage of long-term environmental goals? X 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 projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The proposed project could impact paleontological and cultural resources. The mitigation measures provided in this document, and City policies regarding on site monitoring, however, assure that potential impacts are reduced to less than significant levels. XVII. b) The proposed project is consistent with the General Plan, and promotes the goals of the Village, to provide both working and living opportunities for City residents. XVII. c) The proposed project is consistent with the General Plan. Cumulative impacts associated with the project will be limited, due to the project's size. The cumulative impacts associated with General Plan buildout have been identified in the General Plan EIR. -32- XVH. d) Impacts associated with air quality, noise and other impact areas which could affect human beings will be less than significant.. 1 "1 -33- XVIII. EARLIER ANALYSES. Earlier analyses 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 analyses used. Identify earlier analyses and state where they are available for review. Not applicable. 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. Not applicable. -34- � O Oc� r� U O O M -� O M � ' o O > N O ;:s O O O M O cd U ,• o E-+ U z •• a w O 'o � H � a V A O W ° o � I, �U 00 0o � � M i ! s I � � H b � oINC x° O o o N � N U) 03 o .0 � CD Fq .. H H � a E-+ A V pq �A a� �w OV ° p O O Ocd p O p O O O Cd 0.4 to b a� °� to O "Cl b4-0 � b Old QU � U O p O OC,3 0 Q, O64 y Cd a p o o o > > C z Q (�cd Q Cd Q QCd p 0.Z oU v� 4- ° p� r C ,3 IfZ U U a U Q. U U ¢� C Q 0 0 C, 3 � z o > 9 ED d v� o o E•� ° ° ago A 0 O 13, o03 x w o� b oC, U U U U E-+ to O 0 U O� 0 p o 0 rO AQ U ! a Q, o vD P. 1 o Z U 6,19 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A 20-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED ON ± 1.23 ACRES CASE NO. SPECIFIC PLAN 2005-076 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of May, 2006, hold a duly -noticed Public Hearing to consider a recommendation from the La Quinta Planning Commission on Specific Plan 2005-076, a request to adopt development principles and design guidelines for a specific plan to allow 20 residential condominium units on ± 1.23 acres, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 1 th day of April, 2006, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Specific Plan 2005-076, and in fact, did adopt Planning Commission Resolution 2006-019, recommending to the La Quinta City Council approval of said Specific Plan 2005-076; and, WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-552, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 th day of April, 2006, adopt Planning Commission Resolution 2006-018, recommending to the La Quinta City Council for certification of a Mitigated Negative Declaration based on the findings of Environmental Assessment 2005-552; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the La Quinta City Council did make the following mandatory findings pursuant to Section 9.240.010 of the Zoning Code to justify approval of said Specific Plan: City Council Resolution No. 2006- Specific Plan 2005-076 — Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 2 1. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan Land Use Element, in that the proposed project density of 16 units per acre provides for the maximum permissible density under the High Density Residential land use category of up to 16 units per acre. 2. Specific Plan 2005-076 is consistent with the Land Use Element Vision Statement, in that the design, height, scale and mass of the project promote a high quality, balanced character of development density that will enhance the beauty of the surrounding mountains and desert environment. The overall building and height of 2.5 stories, with potential for portions of the building to reach 40 feet, is consistent with the scale and character of the surrounding properties, and their respective land use limitations. 3. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan Land Use Element, relating to compatibility with surrounding development, and consistency with applicable land use policies. 4. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan Circulation Element, in that the project provides 66 on -site parking stalls, constituting 100% of the required total parking for the project. The gated access will not create significant additional traffic congestion, as it will service only 20 residential units and allows for access to guest parking within the building. The fact that 100% of parking is on -site will allow surrounding local streets to accommodate other parking needs not related to this project. 5. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan, the policies of which intend to promote growth when such growth is not at the expense of the unique quality of life and community character the City promotes for its various neighborhoods. The design and development standards of Specific Plan 2005-076 reflect a unique quality of life and community character that is being promoted in the Village at La Quinta and the surrounding neighborhood in which it is located. It will allow for a housing opportunity with a pedestrian -oriented design, which deemphasizes the automobile by placing it below grade in a gated facility. 6. Specific Plan 2005-076 will not create conditions materially detrimental to public health, safety and general welfare, in that the project promotes a high quality, balanced character of development density, enhances the beauty of the surrounding mountains and desert environment, provides for and promotes the preservation of open space, is compatible with surrounding development, City Council Resolution No. 2006- Specific Plan 2005-076 - Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 3 provides adequate parking for it's residents, and promotes growth in consideration of the unique quality of life and community character the City promotes for the Village at La Quinta and surrounding neighborhoods. The project serves to reduce the presence and reliance on the automobile, provides residents access to views of the surrounding environment with limited impacts to those of surrounding properties when developed at a similar intensity, and provides for a safe and secure residential environment with respect to open space, parking and residential service needs. 7. Specific Plan 2005-076 is compatible in terms of surrounding land uses and zoning on adjacent properties, in that the proposed project density of 16 units per acre is at the maximum permissible density for the site and surrounding areas. The project density as proposed at 16 units per acre is compatible with similar surrounding properties designated for a maximum permissible density of 16 units per acre. The project provides 66 parking spaces on site, 100% of the total required, which is consistent with other similarly zoned properties, and in fact, exceeds parking compliance for most other existing and approved projects in the surrounding area of the Village. 8. Specific Plan 2005-076 is suitable and appropriate for the subject property, in that the proposed project density of 16 units per acre can be supported by the site, based on the projects ability to provide for the total required parking on site, and the provision of open space areas. 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 grant approval of Specific Plan 2005-076 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 2"d day of May, 2006, by the following vote to wit: AYES: NOES: City Council Resolution No. 2006- Specific Plan 2005-076 — Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 4 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2006- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2005-076 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. MAY 2, 2006 GENERAL CONDITIONS OF APPROVAL 1. Specific Plan 2005-076 (SP 2005-076) shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 2005-076, these conditions shall take precedence. 2. 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 Specific Plan or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 3. All changes to the Specific Plan which are required under these conditions shall be incorporated into a revised document to ensure consistency. All other applicable conditions of approval for Tentative Tract Map 340381 Village Use Permit 2005-030, and any subsequent amendment(s), shall be incorporated into the revised text for SP 2005-076 as appendices. The project proponent shall submit five (5) copies of the amended Specific Plan documents within 30 days of City Council approval of the Specific Plan, or prior to issuance of a grading permit, whichever occurs first. 4. SP 2005-076 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2005-552 • Tentative Tract Map 34038 • Village Use Permit 2005-030 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor site, City Council Resolution 2006- Conditions of Approval - Recommended Specific Plan 2005-076 — Borrego Resort Holdings, Inc May 2, 2006 building height, area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 6. The Specific Plan document for SP 2005-076 (Casa La Quinta), as dated February 10, 2006, shall be revised in conformance with the following: A. The conditions of approval for this specific plan, as well as those for TT 34038 and VUP 2005-030, shall be incorporated into the specific plan document as appendices. Include all appendices as noted in the document; i.e. Appendix E is referenced on Page 12 but is not listed in Table of Contents. Please address all discrepancies with the final specific plan document. B. Include case number and brief description of all application actions taken to allow approval of the Specific Plan. C. Page 5, Section 1.4 — change the text reference to the number of APN's for the site, from six to eight. Section 1.4.1, correct Corral mountains" as "Coral", as well as on Page 32 under Site Design and Activity Space. D. Page 8, Section 2.2, Proposal 1 — Add language pertaining to engineering design changes which may affect the height of the building may be considered as minor changes not requiring amendment of the specific plan or its related applications. When quantifiable, changes shall not exceed a 5 % change from the provisions of the approved plans (see also Condition 5). E. Page 9, Existing Land Use — Revise for Embassy Suites as a four-story structure. F. Page 15, Section 4.7 — In Setbacks table, eliminate column "Setback from Centerline of Street". Indicate (by footnote, etc.) 20-foot setback along Calle Tampico as a Landscape Setback required by the La Quinta General Plan. Figure 13 (preliminary grading plan) shall be revised to reflect this and any other related revisions. � � tJ City Council Resolution 2006- Conditions of Approval - Recommended Specific Plan 2005-076 — Borrego Resort Holdings, Inc May 2, 2006 G. Page 17, Section 4.10 — Revise last sentence to change the 15% slope reference to a 12% grade break or vertical curve approvable by the City Engineer. Add language to acknowledge that potential design changes may occur in meeting this and other more specific construction standards, to include building height. H. Page 20, Section 4.21 — CC&R's shall include perpetual maintenance of perimeter landscaping and sidewalks, as well as on -site common areas. I. Page 20, Section 4.22.1 — An exhibit shall be provided in the specific plan to more clearly delineate the areas described as Buffer/Transition Zones". These areas shall be subject to review along with landscape plans submitted for plan check. The landscape palette in Appendix C shall act as a master plant material listing for the project, and all subsequent landscape plans shall be reviewed for consistency against this palette. J. The Phoenix Robeleni (Pygmy Date Palm) is under quarantine and may be used only if supplied from a local nursery. Include an approval of the master plant list from CVWD and the Riverside County Agricultural Commissioner's office, as part of the Appendix C plant listing, in the final specific plan document. K. Page 23, Section 5.3 — Revise fourth sentence to read, "Avenida Villa on the west and Avenida Navarro on the east are both designated as Local Streets." L. Page 30, Flooding and Hydrology - A letter of map revision (LOMA) was issued by FEMA in January, 2006. This revision affects the site and has changed the flood zone designation from AO to X. This information shall be incorporated in the final specific plan document. M. Page 32, Site Design and Activity Space — Paragraph 2 shows unit size range as ± 1,500 to ± 3,100, change this to match Page 16, Section 4.9.1; second paragraph which shows ± 1,500 to ± 3,300. nor RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 1.23 ACRES INTO ONE CONDOMINIUM LOT FOR THE DEVELOPMENT OF 20 RESIDENTIAL AIRSPACE CONDOMINIUM UNITS CASE NO. TENTATIVE TRACT MAP 34038 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of May, 2006, hold a duly -noticed Public Hearing to consider the Planning Commission recommendation on Tentative Tract Map 34038, a request to subdivide ± 1.23 acres into one condominium lot, to allow development of 20 residential airspace condominium units, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of April, 2006, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Tentative Tract Map 34038, and in fact, did adopt Planning Commission Resolution 2006-020, recommending to the La Quinta City Council approval of said Tentative Tract 34038; and, WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-552, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 th day of April, 2006, adopt Planning Commission Resolution 2006-018, recommending to the La Quinta City Council for certification of a Mitigated Negative Declaration based on the findings of Environmental Assessment 2005-552; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the La Quinta City Council did make the following findings to justify approval of Tentative Tract 34038: 1 . The proposed Tentative Tract Map 34038 is consistent with the City's General Plan, as amended, with the implementation of Conditions of Approval to provide n for adequate storm water drainage, street improvements and other 'w Resolution No. 2006- Tentative Tract 34038 — Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 2 infrastructure improvements. The map is consistent with the adopted Village Commercial land use designation, which does allow a residential density of up to 16 dwelling units per acre, as set forth in the La Quinta General Plan Land Use Element. 2. The design and improvements of the proposed Tentative Tract Map 34038 are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper improvements and timing of their construction. 3. As conditioned, the design of Tentative Tract 34038 and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. 4. The design of Tentative Tract 34038 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2005-552, in which no significant hearth or safety impacts were identified for the proposed project. 5. The site for Tentative Tract 34038 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological or other physical constraints on the property that would prevent development of the subdivision. 6. The proposed site for Tentative Tract 34038 provides for the necessary right-of- way and construction of off -site improvements associated with this parcel, as required under the La Quinta General Plan. All adjacent perimeter street rights - of -way are in place, and only transitional off -site improvements will be necessary. 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 those mitigation measures specified by Environmental Assessment 2005-552, prepared for Tentative Tract Map 34038; 3. That it does grant approval of Tentative Tract Map 34038, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. n 7 W N Resolution No. 2006- Tentative Tract 34038 — Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 11 th day of April, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 40 CITY COUNCIL RESOLUTION 2006- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. MAY 2, 2006 Proposed staff revisions to Condition 52, 67, 69 in BOLD FONT GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Title 13 of the La Quinta Municipal Code (LQMC). 3. Tentative Tract 34038 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2005-552 • Specific Plan 2005-076 • Village Use Permit 2005-030 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet, Public Works Clearance for Building Permits, Improvement Permit) • La Quinta Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District 030 City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency SCAQMD The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, Sections 8.70.010 et seq. (Storm water 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 one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following n 4.0 k.11 City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All 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. 5. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 1. Calle Tampico (Primary Arterial - Option B, 100' ROW) - No additional right of way dedication is required from the standard 50 feet from the Centerline of Calle Tampico for a total of 100-foot ultimate developed right-of-way. 2. Avenida Villa (west frontage), Avenida Navarro (Local Streets, 60' ROW) - No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 60- foot ultimate developed right-of-way. 3. Avenida Villa (south frontage); Local Street, 50' ROW) - No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 50-foot ultimate developed right-of-way. An additional 5-foot utility easement shall be established along the property line on Avenida Villa. 9. The applicant shall create perimeter landscaped setbacks along all public rights -of way as follows: A. Calle Tampico (Primary Arterial) - 20 feet from right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, remainder parcels, right-of-way reversions, and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 10. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 11. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro from TT 34038 is restricted, except for the entry drive access from Avenida Villa, which shall be shown on the recorded Final Map, along with the other vehicular access restrictions. � ?3 City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 14. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. 15. A right-of-way vacation process is ongoing with the Public Works Department for a portion of Calle Tampico. Final Plan recordation is contingent upon the City of La Quinta vacating this right-of-way to the applicant. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer", "surveyor", and "architect", refer to persons currently certified or licensed to practice their respective professions in the State of California. 16. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 17. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan: 1 " = 40' Horizontal B. PM 10 Plan: 1 " = 40' Horizontal C. SWPPP: 1 " = 40' Horizontal D. On -Site Precise Grading/Storm Drain Plan: 1 " = 30' Horizontal Note: Items A through D to be submitted concurrently 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 19. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. ��J City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 20. Prior to the approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 21. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 22. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 23. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. 6 City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta — Borrego Resort Holdings, Inc. May 2, 2006 D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 24. The applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 03 City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 27. 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. 28. 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, 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. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 29. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 30. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform to the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta — Borrego Resort Holdings, Inc. May 2, 2006 All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5 ") in the first eighteen inches (18") behind the curb. 31. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32. 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 Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 33. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 34. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. nRAINArF 35. Stormwater handling shall conform with the approved hydrology and drainage report for this Tentative Tract Map. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and Public Works Department Underground Retention Basin City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 Design Requirements submitted July 16, 2005 and revised November 17, 2005, as applicable. On -site nuisance water shall be transported through underground drainage facilities to the existing 2.5' high by 10' wide double reinforced concrete box along the south side of Calle Tampico and as approved by the City Engineer. 36. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 37. As preliminary exploratory soils borings indicate no percolation for existing soils, the percolation rate will be considered to be zero. 38. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. I ITII ITIFS 39. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 40. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 41. All proposed utilities shall be installed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 42. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 6d City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 43. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 44. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses) : A. OFF -SITE STREETS 1) Calle Tampico (Primary Arterial - Option B; 100' R/W): a) No additional widening on the south side of the street along all frontage adjacent to the Tentative Map boundary. 2). Avenida Villa (along west project boundary) (Local Street, 60' ROW) : a) No additional widening on the east side of Avenida Villa along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb. 3). Avenida Navarro (Local Street, 60' ROW): a) No additional widening on the west side of the street along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Navarro right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta — Borrego Resort Holdings, Inc. May 2, 2006 curb. c) Curb ramp and intersection curb return per City of La Quinta standards. d) Curb ramp, curb and curb return at the southerly boundary of the adjacent office building as approved by the City Engineer. 4). Avenida Villa (along the southerly boundary) (Local Street, 50' ROW) : a) No additional widening on the north side of the street along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb. c) Curb ramp and intersection curb return per City of La Quinta standards. The applicant shall extend improvements beyond the 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). 45. The proposed gated entry to the below ground parking garage shall be designed to have guest parking access via a pedestrian call box method to alleviate stacking at the gated entry and backing out onto Avenida Villa due to refusal, as approved by the City Engineer. Additionally, the applicant shall apply for a 2-car Loading/Stopping Zone on Avenida Villa for temporary parking of visitor's vehicles to comply with the aforementioned pedestrian call box access entry. The applicant shall design the gate speed for rapid entry of the visitors and residents. Resident access shall be via transponder actuation to alleviate stacking at the gated entry. Operation and maintenance the of gated entry shall be incorporated into the project CC&R's. 46. The applicant shall submit current mix designs (less than two years old at City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta — Borrego Resort Holdings, Inc. May 2, 2006 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. 47. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenida Villa along westerly property boundary) - All turn movements are permitted. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 49. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS AND ACCESS DRIVEWAY 50. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), except where the approved plans and/or these conditions shall take precedence. Al designs shall comply with the latest ADA standards and policies. 51. The high point of the access driveway to the parking garage shall be at least one foot higher than the gutter flow line at the street. 52. Grade breaks and vertical curves at the access driveway to the parking garage shall be designed to standards as may be approved by the Public Works and Community Development Directors. The final design shall place the parking level at 4 to 5 feet below grade. CONSTRUCTION �13 City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 53. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. PUBLIC SERVICES 54. The applicant shall comply with all applicable requirements of the Riverside County Fire Department, as set forth under approval conditions for VUP 2005- 030. Any additional requirements not addressed therein shall also be met. QUALITY ASSURANCE 55. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 56. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 57. 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. 58. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans that were approvedby 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 Auto.CAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 59. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. Applicant shall submit CC&R's for the project for review by Public Works and Community Development, prior to their recordation. City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta — Borrego Resort Holdings, Inc. May 2, 2006 60. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks, which .shall be reflected in the tract CC&R's. FEES AND DEPOSITS 61. 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. 62. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program, as in effect at the time of issuance of building permit(s). 63. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. 64. Tentative Tract 34038 shall provide payment of an in -lieu park dedication fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required is 0.168 acres. The fee amount will be determined when the appropriate land value information is submitted. The in -lieu payment(s) shall be based upon this acreage requirement. Payment of the in -lieu fee shall be made no later than prior to, or concurrently with, recordation of the first final map within the Tentative Map. CULTURAL RESOURCES 65. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 66. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 67. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. As part of the collection process, the recording and reburial of artifacts shall be evaluated in consultation with Tribal organizations. This shall include the return of artifacts to the involved Tribe(s), for potential reburial at the location of discovery of the artifact, after completion of the project earthwork. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 68. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. 69. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians, if requested by the Ramona Band in writing. 70. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Agua Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. PALEONTOLOGICAL RESOURCES 71. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to Community Development Department and shall be provided to site monitors prior to beginning of any earth -moving. 72. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a �a City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 73. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 74. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 75. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. LANDSCAPING 76. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 77. 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. 78. The applicant shall submit all landscape plans, to include landscape lighting, for approval through plan checking by the Public Works Department. Community Development Department review will take place during this plan check process. When plan checking has been completed by the both Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. Additional landscape conditions under VUP 2005-030 are hereby incorporated by reference. City Council Resolution 2006- Conditions Of Approval - Recommended Tentative Tract 34038 Casa La Quinta - Borrego Resort Holdings, Inc. May 2, 2006 NOTE: Plans are not approved for construction until signed by the City Engineer. All landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 2 11 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING 20 RESIDENTIAL CONDOMINIUM UNITS ON ± 1.23 ACRES CASE NO. VILLAGE USE PERMIT 2005-030 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of May, 2006, hold a duly -noticed Public Hearing to consider the Planning Commission recommendation on Village Use Permit 2005-030, a request to develop 20 residential condominium units on ± 1.23 acres, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of April, 2006, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Village Use Permit 2005-030, and in fact, did adopt Planning Commission Resolution 2006-021, recommending to the La Quinta City Council approval of said Village Use Permit; and, WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-552, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 th day of April, 2006, adopt Planning Commission Resolution 2006-018, recommending to the La Quinta City Council certification of a Mitigated Negative Declaration based on the findings of Environmental Assessment 2005-552; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make findings to justify a recommendation for approval of Village Use Permit 2005-030: � �. City Council Resolution No. 2006- Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 2 1 . The proposed Village Use Permit 2005-030 is consistent with the La Quinta General Plan, in that the proposed project density of 16 units per acre provides for the maximum permissible density under the High Density Residential land use category of up to 16 units per acre. 2. The proposed Village Use Permit 2005-030 is consistent with the Land Use Element Vision Statement, in that the design, height, scale and mass of the project does promote a high quality, balanced character of development density, that will enhance the beauty of the surrounding mountains and desert environment. 3. The proposed Village Use Permit 2005-030 is consistent with the requirements and intent of the La Quinta Zoning Code, in that the project provides for 66 on -site parking stalls, constituting 100% of the required total parking for the project, which exceeds that provided for other similarly zoned properties. The maximum height of the building, at 38.5 feet and 2.5 stories, exceeds the maximum allowances of the Village Commercial zoning district; however, Specific Plan 2005-076 has been submitted with development standards to allow these heights. The La Quinta Zoning Code permits Specific Plans which provide for alternative development standards, in order to allow flexibility in development provisions, which allows creativity in design and land use solutions. 4. Approval of the proposed Village Use Permit 2005-030 will not create conditions materially detrimental to the public health, safety and general welfare, injurious to or incompatible with other properties and land uses in the vicinity. The project promotes a high quality, balanced character of development density, enhances the beauty of the surrounding mountains and desert environment, provides for and promotes the preservation of open space, is compatible with surrounding development, provides adequate parking for it's residents, and promotes growth in consideration of the unique quality of life and community character that the City promotes for the Village at La Quinta and the surrounding neighborhoods. 5. The architectural design aspects of the proposed Village Use Permit 2005- 030, including but not limited to, architectural style, scale, building mass, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines. The design, height, scale and mass of the project promotes a high quality, balanced character of development density that will enhance the beauty of the surrounding mountains and desert environment. 00 City Council Resolution No. 2006- Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 3 6. The site design aspects of the proposed Village Use Permit 2005-030, including but not limited to, project density, parking provisions, interior circulation, open space amenities, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines. The project density, as proposed at 16 units per acre, is compatible with similar surrounding properties designated for a maximum permissible density of 16 units per acre. 7. The project landscaping for the proposed Village Use Permit 2005-030, including but not limited to, location, size, type and coverage of plant materials, has been designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and be consistent with the concepts in the Village at La Quinta Design Guidelines. The project provides landscaping in its interior and exterior perimeters, which accentuates the surrounding streetscapes along Avenida Villa, Avenida Navarro and Calle Tampico. The project as proposed provides for and promotes the preservation of open space, for both passive recreational and aesthetic purposes. 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 grant approval of Village Use Permit 2005-030 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 City of La Quinta Planning Commission, held on this the 2"d day of May, 2006, by the following vote, to wit: AYES: NOES: �^', J J�. City Council Resolution No. 2006- Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. Adopted: May 2, 2006 Page 4 ABSENT: ABSTAIN: DON ADOLPH, Mayor. City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2006- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2005-030 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. MAY 2, 2006 Proposed staff revisions to Conditions 40, 42, 81, 85, 87 in BOLD FONT GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-030 (VUP 2005-030) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts between these conditions, these conditions shall take precedence. 2. This approval shall expire two years after its effective date, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. The applicant shall be responsible for monitoring the approval and expiration dates. 3. 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 development application or any application thereunder. 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. 4. Village use Permit 2005-030 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: A. Environmental Assessment 2005-552 B. Specific Plan 2005-076 C. Tentative Tract 34038 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. 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 • La Quinta Building and Safety Department City Council Resolution 2006- Conditions Of Approval - Recommended j Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 • La Quinta Public Works Department (Grading Permit, Green Sheet, Public Works Clearance for Building Permits, Improvement Permit) • La Quinta Community Development Department Riverside County Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • Waste Management of the Desert • SCAQMD The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 6. 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 one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") . The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All 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. 7. Approval of this Village Use Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer and conditioned upon Tentative Tract 34038. 055 City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Calle Tampico (Primary Arterial - Option B, 100' ROW) — No additional right of way dedication is required from the standard 50 feet from the Centerline of Calle Tampico for a total of 100- foot ultimate developed right-of-way. 2. Avenida Villa (west frontage), Avenida Navarro (Local Streets, 60' ROW) — No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 60-foot ultimate developed right-of-way. 3. Avenida Villa (south frontage); Local Street, 50' ROW) — No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 50-foot ultimate developed right-of-way. An additional 5-foot utility easement shall be established along the property line on Avenida Villa. 11. The applicant shall create perimeter landscaped setbacks along all public rights -of way as follows: A. Calle Tampico (Primary Arterial) — 20 feet from right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, remainder parcels, right-of-way reversions, and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage facilities, mailbox clusters, and common areas shown on the Village Use Permit. City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 13. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro is restricted, except for the entry drive access from Avenida Villa, as shown on the Village Use Permit site plan and Tentative Tract 34038. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, and as applicable under Tentative Tract 34038, unless such easements are approved by the City Engineer. 16. Tentative Tract 34038 shall have been recorded prior to issuance of any permit for the main building, including foundation only permits. 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. 17. 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. 18. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plans ill = 30' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 D. On -Site Precise Grading/Storm Drain Plans 1 " = 30' Horizontal NOTE: A through D to be submitted concurrently. 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 19. The City maintains standard plans, details and/or construction notes for elements of construction on the Public Works Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 20. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. 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. City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. 21. Village Use Permit 2005-030 shall comply with all applicable conditions of approval of Tentative Tract 34038, with respect to Improvement Plans, Improvement Security Agreements and other appropriate requirements. r,RoniNr; 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 23. 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. 24. 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, 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. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 25. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0 .5") in the first eighteen inches (18") behind the curb. 26. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 27. 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 Tentative Tract Map No. 34038, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review 28. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 29. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are 0C )0 City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. nRAInIArF 30. Stormwater handling shall conform with the approved hydrology and drainage report for this Village Use Permit. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and Public Works Department Underground Retention Basin Design Requirements submitted July 16, 2005 and revised November 17, 2005, as applicable. On -site nuisance water shall be transported through underground drainage facilities to the existing 2.5' high by 10' wide double reinforced concrete box along the south side of Calle Tampico and as approved by the City Engineer. 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 32. As preliminary exploratory soils borings indicate no percolation for existing soils, the percolation rate will be considered to be zero. 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 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. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval of the City Engineer. I ITII ITIFS 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 35. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 36. All proposed utilities shall be installed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. The applicant shall comply with all Street and Traffic Improvement conditions as specified in the approval for Tentative Tract 34038. In the event that said Tentative Tract is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. PARKING LOTS AND ACCESS DRIVEWAY 38. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), except where the approved plans and/or these conditions shall take precedence. Al designs shall comply with the latest ADA standards and policies. 39. The high point of the access driveway to the parking garage shall be at least one foot higher than the gutter flow line at the street. 40. Grade breaks and vertical curves at the access driveway to the parking garage shall be designed to standards as may be approved by the Public Works and Community Development Directors. The final design shall place the parking level at 4 to 5 feet below grade. 41. Use of wheel stops is permitted in the below -grade parking area, with the exception of any parallel parking stalls. Ultimate location of wheel stops are subject to review/approval of the Community Development and Public Works Departments 42. Design and final location of all on -site trash and recyclables collection facilities shall be reviewed and approved by Waste Management, with the written and/or stamped plan approval to be submitted during the building r► " i., ) 4-0 City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 plan check process. Applicant shall consult with Waste Management on design of all trash and recyclable facility collection, storage and servicing requirements, to include number and sizing of bins, location and service accessibility, and handling of green wastes. No building permit for these facilities, or any structure related or integral to them, shall be issued without Waste Management review, and final approval by the Community Development Director. All gates and/or doors associated with waste facilities shall be of an upgraded design consistent with the building's color and architectural theme, and shall remain secured at all times. 43. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-030. 44. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. CONSTRUCTION 45. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. QUALITY ASSURANCE 46. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 47. The applicant shall employ or retain qualified engineers, surveyors, or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. �(3 City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 48. The applicant shall arrange for, and bear the cost of, all 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 employed comply with plans, specifications and other applicable regulations. 49. 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. 50. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks, which shall be reflected in the tract CC&R's. FEES AND DEPOSITS 51. 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. 52. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 53. Permit(s) issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program, as in effect at the time said permit(s) are issued. 54. Applicant shall have paid the in -lieu park land dedication fees associated with TT 34038, prior to issuance of any permits for the building. 55. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. FIRE PROTECTION City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 56. 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 outside travel ways. Off -site fire hydrants are required every 660 feet around the perimeter of the project. 57. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 58. The water mains shall be capable of providing a potential fire flow of 4,000 gpm and the actual fire flow from any two adjacent hydrants shall be 2,000 gpm for a 2-hour duration at 20-psi residual operating pressure. 59. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Area separation walls may not be used to reduce the need for fire sprinklers. Sprinkler plans will need to be submitted to the Fire Department. 60. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note: A 13R fire sprinkler may be considered for this project, if it is approved FDC connections may be wall mounted, contact the fire department for details. 61. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. Any submissions to the fire department are the responsibility of the applicant. 62. 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. 63. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 64. 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. Minimum road width is 24 feet clear and unobstructed with a vertical clearance of 13 Y2 feet clear. Turning radiuses shall be no less than 38 feet outside. City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 65. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 24 feet wide with a height of 13"6" clear and unobstructed. 66. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application) 67. Install portable fire extinguishers as required by the California Fire Code. POLICE SERVICES 68. The project shall employ use of digital cameras and sound monitors that record vehicles entering and leaving the parking level. Digital cameras shall also be located within the parking level, to keep parked vehicles under surveillance and observe any trespassing or loitering. The presence of all such cameras shall be indicated by the posting of signs. All cameras shall be monitored by a building staff member, security, concierge or other personnel as appropriate. Elevators shall incorporate monitoring with cameras and microphones, or use "see -through materials for the elevator walls. 69. Pedestrian entrance into the parking level shall be located adjacent to the vehicular entry, and shall be designed to define and clearly separate pedestrian and vehicular access so as to avoid potential pedestrian/vehicle conflicts. 70. To the extent it is feasible, stairwells shall be constructed to be open and visible, without solid walls. 71. Elevators shall be placed in close proximity to main entrances, with the entire interior in view when doors are open. No permanent stop buttons shall be installed in elevators. 72. All parking stalls and driving aisles shall be fully illuminated. Lighting shall be incorporated into the parking level design as a critical safety and security feature. 73. Install convex view mirrors to provide visibility around corners into any hidden spaces that cannot be eliminated in the original design. City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 74. Individual parking spaces shall be numbered so the exact location of vehicle theft, break-ins and other incidents can be reported. The numbering system shall not use resident/unit numbers to avoid any empty space being construed as an unoccupied residence. 75. All building lighting, particularly in the parking level, shall be diligently maintained. All parking level surfaces shall be kept clean and light-colored to reflect light. Walls and ceilings should be a glossy white or light color. COMMUNITY DEVELOPMENT 76. The applicant shall submit a detailed project exterior area lighting plan. All lighting improvements, including parking level lighting, exterior balconies, patios, etc., shall meet the criteria set forth in Chapter 9.150 and Section 9.100.150, LQMC, as related to lighting for the site. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting, but is prohibited on exterior and interior balconies and patios. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. Plans shall include detailed specifications and photos, etc., of all exterior lighting fixtures. Landscape -specific lighting shall be submitted as part of landscape plan review. 77. All roof -mounted mechanical equipment. must be internal to the roof design, or screened as an integral part of the roof structure, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with the construction plan submittal for building permits. The method and design must be approved by the Community Development Department, prior to any issuance of the main structural building permit. 78. An acoustical analysis shall be prepared for the building's interior and exterior spaces of the residential units. The analysis shall demonstrate that these areas comply with the respective interior/exterior CNEL standards of the La Quinta General Plan, as in effect at the time of building permit application. In addition, the analysis shall address the location of the project in the context of surrounding land use. The Village Commercial district allows a broad range of land uses, including commercial, retail, restaurant, recreation and entertainment, all of which are in close proximity of this ,. tj City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 project. The analysis shall provide recommendations for noise reduction measures, in consideration of this. 79. The project CC&R's submitted for review by the City, shall include a comprehensive disclosure statement regarding noise, light, glare, and assembly of people associated with the Village land use designation applied to the surrounding properties. 80. A final material and color specifications plan/palette shall be submitted to the Community Development Department as part of the building plan check process. The plan shall outline all exterior colors and materials to be used and shall include samples to the extent it is reasonable, in terms of sample size, quantities, etc. Once approved, the approved materials and colors shall be referenced in the architectural details, construction notes, etc. (as appropriate) of the final plan review set. 81. Based on the provisions of Condition 6.D of the specific plan approval (SP 2005-076), technical requirements of construction drawings which result in revisions to the general building design as approved will be considered within the 5% contingency limitation as specified in said Condition. Specifically, final design of the parking level entry required to accommodate ADA mandates will be an acceptable criteria for application of the 5% contingency. Based on Specific Plan Section 4.4.1, the building may not at any height extend beyond 38 feet, 6 inches, plus 5% (40 feet, 4 inches), and only with the approval of the Community Development Director. Any revisions determined to substantially deviate from the approved height parameters, or other design factor(s), shall be reviewed by the Planning Commission and City Council as a Business Item. However, the applicant shall make every effort to maintain the lowest overall heights of the building, with no point higher than 40 feet measured from the relative adjacent grade at property line. In meeting these criteria, the parking level floor grade shall be established between 5 feet (high side) and 4 feet (low side) below finish grade at adjacent property lines. 82. The building plans submitted for plan check . shall incorporate the following revisions: A. The tile roof material shall be a two-piece mission clay style, and shall incorporate a full mudded treatment. B. Provide recessed windows, eave extensions and other elements that will achieve a greater degree of solar control, particularly on the west City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 — Borrego Resort Holdings, Inc. May 2, 2006 building elevation. C. Building edges shall incorporate rounded corners. D. All exposed wood trellis structures shall be pressure -treated or a glue - lam construction. E. The access stairway at the southeast of the building shall be revised in a manner to reduce the appearance of excessive protrusion from the main building structure. Review of this requirement shall be accomplished at the staff level during plan check. The design shall address potential safety and security concerns, as well as better integration into the overall building design. F. All balcony, patio, courtyard, gates and other fencing shall employ authentic wrought iron in their design throughout the project. This includes the common area pool fencing. The vehicle entry gate shall be of a decorative design with a painted or other finish, and not a standard metal gate. G. Exterior lighting fixtures shall be of an upgraded quality and shall attach to the building, with no recessed lighting to be used in exterior building features; soffits, balcony and patio areas. H. The exposed stone effect shown on the courtyard elevations shall be removed, in favor of the overall smooth plaster finish. I. The building shall provide for bicycle facilities, through reservation of areas for bicycle storage for residents and bicycle racks and locations for visitors and guests. Such facilities shall be specifically shown on and reviewed as part of construction documents to be submitted for plan check. CULTURAL RESOURCES 83. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 84. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 85. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 delivered to the City prior to issuance of first Certificate of Occupancy for the property. As part of the collection process, the recording and reburial of artifacts shall be evaluated in consultation with Tribal organizations. This shall include the return of artifacts to the involved Tribe(s), for potential reburial at the location of discovery of the artifact, after completion of the project earthwork. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 86. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. 87. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians, if requested by the Ramona Band in writing. 88. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Agua Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. PALEONTOLOGICAL RESOURCES 89. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to Community Development Department and shall be provided to site monitors prior to beginning of any earth -moving. 90. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 that a monitor has been retained shall be given to City prior to issuance of first earth -moving permit, or before any clearing of the site is begun. 91. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 92. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 93. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. LANDSCAPING 94. The applicant shall submit all landscape plans, to include landscape lighting, for approval through plan checking by the Public Works Department. Community Development Department review will take place during this plan check process. When plan checking has been completed by the both Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. NOTE: Plans are not approved for construction until signed by the City Engineer. All landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 95. On -site landscape, landscape lighting and irrigation plans shall be submitted for review by the ALRC and approval by the Community Development Director. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission, which shall conform to the provisions of Specific Plan 2005-076 (Section 4.22, Landscaping, and Appendix C, Landscape Palette) . City Council Resolution 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. May 2, 2006 96. An area -specific design and landscape plan shall be submitted for the common interior courtyard and pool area, subject to review by the ALRC and final approval of the Community Development Director. The plan shall address definition of private/public, passive/active, and other spatial relationships, through the use of landscaping, low walls, water features and other focal elements, shading, etc. This plan shall be approved prior to issuing a building permit for the residential units. 97. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased from within the Coachella Valley, per the requirement of the Riverside County Agricultural Commissioner. 98. Additional plant materials, such as shrubs, vines, and similar, shall be employed at the building base and planted so as to accent the blank wall areas at the lower elevations between the grade and below the first floor window lines. Use of berms shall also be considered. A retaining/planter wall plan will be required with the overall landscaping plan layout, if such walls will be provided or required. 99. All planting pots, and/or other similar containers, shall be placed at appropriate intervals and automatic irrigation shall be provided to all such containers. Second -story planter areas and/or containers shall incorporate or tie into the building down drain system, to avoid discoloration damage to the building finishes. I - - ATTACHMENT 1 •x&k k, loci :. sCVI& in nWIPA Project Location Map- (Block 123)' La Quinta, Californ.1a.- • ' . F•, 'mil =_--------- ---------;�:--------------�- 'Ise-� =='�� .r � ..,.�.• III .•' I I � s j 1 ( NAP. ! ;r AL o , I ATTACHMENT 2 --- ---------------- 1 =� i 1 � , 11 11 11 11 � 11 ! i tioa 11 1 i ADM , • v 1 -771 11 • 11 t ' E ® ''/IQ � • . 11 11 o- E� 1 �' L� � •F F I� F F I'S t 1 i 1 1. 1 j 11 `.. A_ rR 1 1 11 , tt %b 1 i Sl1B FLOOR ANALYSIS v LOBBY. RZVA3M • lMRI I m Iq l FOOL BQUI UMa! FnXtAGE i,l�l4l TRASHAIMA ilc.g l 1 •OARAOE AWA » M l SUB nOOR TWALAWA Ii'p T 1 GARAGE LEVEL 10 - 2 • �asQ �Q .znta La Qtszinta,' California BORREC:O 7tBSORT HOLDINGS 74 KNITTER 6 A 8 sim4w4vr E a .'•diwou"6PIN ir,p fo,a, a1mcm.TpISLT p4vwpcwm"4K6►� =Ftet code) 768.4177 ATTACHMENT 3 f ATTACHMENT 4 a .. It oco9'u'•Ir' nest t �� •; D 401/ op X v >4 a '••. '•,�' �` A,. 1 � _�� p 1 .� �. 'yet. ';:\" 77CC rn 1 � 1 � • � •- 1 ,ass' w .; , a c>A I a 1 � :' + '" ;• J `� �' � fig, 'e � �' $ � . .........soeosbt'c t___��•.. AVEMA NAVA/ii0 s 1)DGS'n?' c slasl(Ynl) 1 I 1 1 1 i t t t 'i D D� D O� ik ^ fit 00 It'll eq to l R xx e O €ax 4 A IA SA A A RA 41A. �A A £ R g R w h `r� � :- RJR � R �`� � � �R� ��_� �� n �+•� a ATTACHMENT Y ATTACHMENT 6 MINUTES ARCHITECTURE &' LANDSCAPING REVIEW COMMI March 1, 2006 E MEETING A Regular meeting held at the La Quint City Hall 78-495 Calle Tampico, La Quin) , CA 10:00 a.m. I. CALL TO ORDER A. This meeting' of the Archit/a.m. and Landscaping Review Committee was called to order at 10:0by Planning Manager Les Johnson. B. Committee Members esent: Bill Bobbitt, Frank Christopher, and Tracy. Smith. C. Staff present: Plan ing Manager Les Johnson, Principal Planner Stan Sawa, Associate tanners Wallace Nesbit and Andrew Mogensen, and Executive Secre ry Betty Sawyer,. II.. PUBLIC COMMENT;/None. III. CONFIRMATION)6F THE AGENDA: Confirmed. IV. CONSENT CA ENDAR: A. Ther being no changes to the minutes of February .1, 2006, it was mo ed and seconded by Committee Members Christopher/Bobbitt as co rected. Unanimously approved. V. BUSINESS ITEMS: A. Village Use Permit .2005-030; a request of Borrego Resort Holdings, Inc., for consideration of architectural and landscaping plans.. for four prototypical residential plans for a 20-unit, two and one-half story residential condominium building in the Village,. located -on the south side of Calle Tampico, bounded by Avenida Villa and Avenida Navarro. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. Del Oakes of Knitter & Associates, Sergio Sendowsky, architect, and Rich Wilde of Leyva. & Wilde Landscape Architects, who gave a. presentation on the project. Staff noted the -setback requirements that were implemented on the project. GAWPD0CS\ALRC\3-1-06.D0C Architecture and Landscaping Review Committee March 1, 2006 2. Committee Member. Tracy asked the distance .from the gate to the street; how much vehicle stacking is allowed. Mr. Sendowsky stated one car stacking with a key card entrance. Mr. Oakes stated the roof equipment will be in a well and cannot be seen from the street. 3. Committee Member Bobbit asked if the windows would be recessed. Mr. Oakes stated yes. It will be approximately two - feet. Committee Member Bobbitt asked what type of tile would be used. Mr. Sendwsky stated it will be two piece clay tile but,. they do not know if it. will be. a two-piece mudded tile. II 4. Committee Member Christopher asked that the the match what is next door. -He asked that as staff is looking at these projects, keep in consideration the massing of the buildings to keep heights staggered and retain the *view corridor for the pedestrian. Staff stated this was a large issue with this project to take into consideration for future buildings. 5. Committee Member. Bobbitt asked what the material of the wood trellis would be. Mr. Sendowsky stated it would be wood. Committee Member Bobbitt asked that it not be wood, but an alternative material. He also asked what material would be used on the railings. Mr. Sendowsky stated it was a treated material. Committee Member 'Bobbitt stated the Queen Palms has become short term in its usefulness. They tend to last about ten years. It has become a replaceable tree and they have pulled them off their plant list. He noted the size of the plants as stated on the plans as being large and wanted to know if they would be that size when planted. Mr. Wilde stated yes. Committee Member Bobbitt recommended using a small shrub instead of, or in addition to the ground cover. Maybe a less broad plant pallet with a more denseness of species. 6. Committee Member Smith asked that the pots be hooked up to a drainage and watering system. 7. Committee Member Christopher. asked if the adjoining building had .a larger setback and if so why. Staff stated because they have *a courtyard area in the front. Committee Member Christopher asked the width of the sidewalk. Staff stated five feet adjacent to the curb. ^, 7 9 G:\WPDOCS\ALRC\3-1-06.DOC Architecture and Landscaping Review Cornmittee . March 1, 2006 8. Committee Member Bobbitt asked if there will be available street parking. Staff stated it will be. available. Committee Member Bobbin stated -he too is concerned with the number of taller massing buildings and hoped staff would take this into consideration when reviewing the projects as they come in. 9. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt - -Minute Motion 2006-005 recommending approval of Village Use Permit 2005-030, as recommended and as follows: a. Roof tile shall be mudded if the adjoining property is. b. Railings shall be decorative and not standard vertical. railing. C. Exposed wood trellis shall be pressure treated or glulam construction Unanimously approved. B. Site Development Permit 2006-853; a request of Transwest Housing for consideration of architectural plans for � 11 prototypical residential oor plans for Tract 32879 (Griffin Ranch) located on the south side o Avenue 54, east side of Madison Street, north side of Greg Norman Co se and A mile wets of Monroe Street. 1 ssociate Planner Wallace Nesbit presented the information co tained in the staff report, a copy of which is on file in the .Co munity Development Department. Staff introduced Mr. Jerferman and Marty. Butler of Transwest Housing, and Kirk McKinl , AIA, who gave a presentation on the project. 2. Committee Member Christopher asked the location of the equestrian 'te. Ms. Butler explained. the horses would be located on a 1 acre parcel that was purchased adjacent to the project site. 3. Committee Member kbbitt asked the location of the trails. Ms. Butler stated the trails ill run throughout the project on a trail system that will join up with the City's multipurpose trail system. 4. Committee Member Christoph asked the size of the units. Ms.. Butler. went over the project yout of the units. GAWPDOMALRM-1-06MOC ATTACHMENT ? 7 COACHELLA VALLEY RECREATION AND PARK DISTRICT 45-305 Oasis Street Indio, CA 92201 Phone (760) 347-3484 Fax (760) 347-4660 www.cvrpd.org Serving the Communities of: Bermuda Dunes Coachella Indian Wells Indio Indio Hills La Quinta Mecca North Shore Oasis Palm Desert Rancho Mirage Thermal Thousand Palms Vista Santa Rosa March 10, 2006 Via Fax & Re (760) 777-123 Wallace H. Nesbit, Associate Planner MAR` 1 3 2006 City of La Quinta CITY OF LA QUINTA Community Development Department COMMUNITY DEVELOPMENT P.O: Box 1504 DEPARTMENT La Quinta, CA 92253 Re: Specific Plan 2005-076 (EA 2005-552), VUP #2005-030 — Casa La Quinta Dear Mr. Nesbit: This letter responds to the City of La Quinta's Request for Comments, for the proposed project referenced above. This project will have an impact on the Coachella Valley Recreation and Park District ("District") which is a provider of local and regional park services to the City of La Quinta. The City of La Quinta lies within Division Four of the District. The project may increase the use of existing District regional parks or other recreational facilities. In addition, the District's recently adopted Master Plan 'confirms the need for a major sports facility within Division Four as well as additional recreational programs. Please include the following mitigation measures. We do not believe that these conditions in any way conflict with those which the City may require to meet its recreational needs: 1. In order to provide for public park and recreational facilities and/or the maintenance or operation of current and/or f0ture public park and recreational facilities and programs, prior to the issuance of building permits, Developer shall petition for and complete formation of or annexation to La Quinta Valley Recreation and Park District's Landscaping and Lighting Assessment District, and shall pay the costs of such formation and or annexation, not to exceed $5,000. 2. Developer shall provide mitigations for the impacts of its development on La Quinta Valley Recreation and Park District's park and recreational facilities to the extent not otherwise mitigated by other conditions of development. R`ONANAKDISTRICT RECREATION DPA Thank you for your assistance. We look forward to working with you and with the developer to implement these mitigation measures/conditions of approval. Very truly yours, Stan Ford, General Manager SF/dg !,AL P.O. Box 1504 LA QUINTA, CA.LIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFO.RNIA 92253 March 30, 2006 Mr. Stan Ford, General Manager Coachella Valley recreation and Parks District 45305 Oasis Street Indio, CA 92201 ATTACHMENT (760) 777-7000 FAX (760) 777-7101 s-P C10 ?__� SUBJECT: March 10, 2006 Correspondence Pertaining to Casa La Quinta Project Dear Mr. Ford: Thank you for your comments as provided for the above subject project. This letter is intended to follow up with that correspondence, in regard to certain mitigation measures requested for developer formation or annexation to what is referred to as the La Quinta Valley Recreation and. Park District Landscaping and Lighting Assessment District (District). The City is not familiar with this District or any requirements that pertain to it; is this related to the formation of a new District? We would request that CVRPD provide a copy of their recently adopted Master Plan, and detailed information on the nature and purpose behind this LLA District. From a nexus and proportionality standpoint, the City already has in place a Park Dedications Ordinance (Quimby Act) to address new park site creation, and a Development Impact Fee, which addresses ongoing maintenance and development of park facilities City-wide. Please identify and .explain the current CVRPD assessment district(s), particularly with respect to Division 4. If this is a newly proposed LLA District, it would be advised that CVRPD provide such information in writing to City staff so that the La Quinta City Council can evaluate this new program. Should you have any further questions regarding this issue, please feel free to contact me at 760-777-7063. Very truly yours, DOU NLASEVANS COMMUNITY -DEVELOPMENT DIRECTOR DE/wn c: Thomas P. Genovese, City Manager Borrego Resort Holdings Edie Hylton, Community Services Director Public Works Department OR PRO'CESSING a6 April 20, 2006ASGNFD.Tp�i'K 2 4 6 n r OACHELLA VALLEY 11g4 J CITYO-PLAQUINTA !CREATION. ANDPAIV 18TRICT COMMUNII I DEVELOPMENT DEPARTMENT 45405: oa$Is Street . • � ....ATTACHMENT 9 Indio, CA.9220 . Doug Evans, -Community, Development Director Phone (760) 347-348 Ci of La Quin-ft. - V60) 347-4660 tY 78-495 Calle Tampico -www.cvrpd.org La ,Quiinta, CA 9.2253 Dear Doug: In response to the issues in your March 30, 2006 letter: 1. The assessment district does not currently exist however, it should be soon. 2. Once printing lof our master plan is completed, a -copy.-will- be provided: to the city. The plan will also be available on our website. 3. Because we. -do typically provide .municipal services, we do .not attempt to develop neighborhood parks for our.residents.. The assessment district will. supportthe general serui.cesme provide to our residents and is. not a duplication of what the. city 's land ekaction. ordinance funds: 4:. We currently have one assessment -district. (93-1) that supports our services to our residents: 5. T;hcewassessentditwlbemand will ` not require pval ation by �gencles within our boundaries: as it. is not intended to.provide/replace municipalservices� se.rvi.ng. the If I can .be.of additiofial assistance on this- matter,.': please :let rrte know: .commurnities of: Sincerely, 'Bermuda Dunes Coachella c� IndianWells Indio. Stan Ford, Indio Hills La ouinta General Manager Mecca SF/dg :North Shore Oasis Palm Desert in 4 Rancho.Mirage Thermal Thousand Palms My Documents\letterslcity of la quinta2006106apr20 Response to Evan Vista Santa Rosa ATTACHMENT 10 Planning Commission Minutes April 11, 2006 D. Environmental Assessment 2005-552, Specific Plan 2005-076, Tentative Tract Map 34038, and Village Use Permit 2005-030; a request of Borrego Resort Holdings, Inc. for consideration of 1) adoption of a Mitigated Negative Declaration of environmental impact; 2) design guidelines for a 20-unit condominium project to provide for increased building heights up to 38.5 feet; 3) the subdivision of 1.23 acres into 20 airspace condominium units; and 4) to allow the construction of a 20-unit two and one-half story residential condominium building up to 38.5 feet in height with sublevel parking in the Village, for the property located on the south side of Calle Tampico, Between Avenida Villa and Avenida Navarro. 1. Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Community Development Director Doug Evans explained the need to have the parking structure remain underground as much as possible. A new condition has been added in regard to noise as there needs to be a strong disclosure that this may be noisier in time as the Village develops. Lastly, the Sheriff's Department does have some concerns and final determination by the Sheriff's Department should be added to the conditions. 2. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked what objections were made by the Sheriff's Department. Staff stated .they were concerned about security. 3. Commissioner Alderson asked if the parking structure will be carded. Staff stated if will be a clicker and staff is also requesting added space(s) for guests and the loading/unloading of vehicles. 4. Commissioner Barrows asked if the lower level units would have their own courtyards with landscaping. She would like to see less hardscape and more landscaping. 5. There being no questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Sergio Sendowsky, representing the applicant, gave a presentation on the project. In regard to the Sheriff's Department comments there is only one condition they are concerned with and that is that the 0 5 stairwells as designed. Each unit on the lower floor has its own patio which will be buffered with landscaping. n.\%nionnrc\or 19 nror ,+,,.. 8 Planning Commission Minutes April 1 1 , 2006 6. Commissioner Ladner asked the length of the staging area going into the garage. Mr. Sendowsky stated the stacking is for one car. 7. Commissioner Barrows asked where the building height exceeded the Village height requirement. Mr. Sendowsky noted on the plans where the building would reach 40' 10". Typical is 38 feet. 8. Commissioner Alderson asked about storage space for the units. Mr. Sendowsky explained where the storage areas were located. 9. Commissioner Ladner asked the size of the storage units and how many parking spaces each unit have. Mr. Sendowsky stated the size of the storage units will vary and the parking spaces are more than two. 10. Chairman Quill asked if the courtyard was accessible from the street. Mr. Sendowsky stated you have to go into the building to get to the courtyard. 11. Chairman Quill asked about maintenance entrance or parking for the workers. Mr. Sendowsky noted on the plans how they would enter. Currently, there is no provision for a 24-hour security person. 12. Commissioner Ladner suggested they have a full time security person with access to, the cameras. 13. Commissioner Ladner asked how the residents would get to the sidewalk. Mr. Sendowsky stated through the garage gate. Staff noted they were not conditioned to provide bicycle parking and/or storage rooms. 14. Chairman Quill asked if anyone else wanted to speak on this project. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. Community Development Director Doug Evans noted staff had conditioned the project to bring back Condition #86 to have the interior courtyard upgraded. Mr. Rich Wild, partner/owner, explained the pool is at grade level and the remaining area is the area directly above the parking area. It would be difficult for them to revise the landscaping when they do not have the area to work with. Planning Commission Minutes April 11, 2006 15. Commissioner Alderson asked how the site will be drained. Mr. Wild explained the different alternatives they could use. Public Works Director Tim Jonasson stated there is a large macro drainage that goes to a culvert where everything will ultimately drain to. 16. Chairman Quill closed the public hearing and opened the matter for Commission discussion. 17. Commissioner Barrows stated her concern for the increased height. Staff stated the van accessibility is causing the parking entrance to be increased in height. This caused the redesign of the entrance. 18. Chairman Quill stated his approval of the design, but would like staff to work with the applicant to see if the building height could be reduced from 40 feet. 19. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-018 recommending adoption of a Mitigated Negative Declaration for Environmental Assessment 2005-552, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. 20. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-019 recommending approval of Specific Plan 2005-076, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. 21. It was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2006-020 recommending approval of Tentative Tract Map 34038, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. /_•\\A/Dnrlr'C\Dr` nn;-,.+,,..N')nna\n „ nrDrr A-- 10 Planning Commission Minutes April 11, 2006 22. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-021 recommending approval of Village Use Permit 2005-030, as recommended and as amended: a. Condition: bicycling storage on site b. The concierges area shall have visual access to the security camera. C. The garage shall be designed to accommodate as low a building profile as discussed d. The Sheriff's Department comments shall be incorporated into the conditions. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. VI. BUSINESNTEMS: A. Discus 'on and determination on whether or not Cigar Lounges are a Permitteh use, prohibited use, or conditional use in the Non -Residential Zoning Di gricts; a request of the City for a determination. Chair n Quill asked for the staff report. Assistant Planner Jay Wuu pr ented the information contained in the staff report, a hich was on file in the Community Development COPY or Department. 2. There being no\keadd ns of staff, Chairman Quill asked if the applicant wouladdress the Commission. Mr. Jason Granados, Palm, explained his business and asked the Commission tor his request. Community Development Director Doug Eted that alcohol as the primary use would be considered ounge or bar. Staff is concerned that there is no war nd State law that states no smoking shall be allowe. 3. Commissioner Ladner stated s e had a problem with combining the smoking with the consumpti n of alcohol. 4. Commissioner Daniels stated it sh Id only be where beer and wine is already a use. r_.��nionnrc��r RA;...,+--\')nna\n 11 naoi^ ,4-- 11