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2006 01 10 PC04 �°' AM OF TNFO Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JANUARY 10, 2006 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2006-001 Beginning Minute Motion 2006-001 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the Regular Meeting of December 27, 2005. G:\WPDOCS\PC Minutes\1 AgendaW.doc V. PUBLIC HEARING: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman 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 Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item ................ ENVIRONMENTAL ASSESSMENT 2005-550, GENERAL PLAN AMENDMENT 2005-106, ZONE CHANGE 2005- 126, SPECIFIC PLAN 83-002, AMENDMENT #5, AND TENTATIVE PARCEL MAP 32752 Applicant ......... Ray Shaffer Location .......... Between Weiskopf and Jack Nicklaus Golf Courses, immediately south of PGA Boulevard, within PGA West Request ........... Consideration of: 1) A Negative Declaration of environmental impact; 2) A General Plan Amendment and Zone Change from Golf Course to Low Density Residential; 3) A Specific Plan to allow the conversion of 2.3+ acres of existing golf course/common area to residential use; and 4) Review of a Parcel Map to subdivide 2.3+ acres into three single-family lots . Action ............. Request to continue B. Item ................ SITE DEVELOPMENT PERMIT 2005-839 Applicant ......... Marchi and Associates for Wells Fargo Bank Location .......... Northwest of the intersection of Highway 1 1 1 and La Quinta Drive in The Pavilion at La Quinta project Request ........... Consideration of development plans and signs for a bank with a drive-thru lane with approximately 4,500 square feet of floor area. Action ............. Resolution 2006- C. Item ................ TENTATIVE TRACT MAP 34185 Applicant ......... Sienna Corporation Location .......... ±425 feet west of Jefferson Street along the north bank of the CVWD Stormwater Channel, south of Fiesta Drive accessed from Hummingbird Lane Request ........... Consideration of a subdivision of 3.14± acres into ten residential lots and other miscellaneous lots. Action ............. Resolution 2006- GAWPDOCSTC Minutes\i AgendaW.doc D. Item ................ VILLAGE USE PERMIT 2005-032 AND DEVELOPMENT AGREEMENT 2005-009 Applicant ......... Nispero Properties, Inc. Location .......... Northwest corner of Avenida La Fonda and Main Street Request ........... Consideration of: 1) development plans for construction of a t 19,433 gross square foot two-story office building, including a 935 square foot coffee bar, in the Village at La Quinta; and 2) a Development Agreement for parking management to allow construction of said office building and coffee bar. Action ............. Resolution 2006-_ and Resolution 2006- VI. BUSINESS ITEM: A. Item ............... Applicant ......... Location ........... Request ............ Action .............. CONTINUED - CONSIDERATION REGARDING HOOKAH BARS City of La Quinta City-wide Consideration whether to all permitted use, prohibited use, Non -Residential Zoning Districts Provide staff with direction )w Hookah Bars as a or conditional use in the VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Review of City Council meeting of January 3, 2006. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on January 24, 2006, at 7:00 p.m. DECLARATION OF POSTING I, Betty J. Sawyer, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Planning Commission meeting of Tuesday, January 10, 2006, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, January 6, 2006. DATED: January 6, 2006 � 1 BET' J�S'AWYER, Executive Secretary City Ja Quinta, California G:\WPDOCS\PC Minutes\1 AgendaW.doc 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 777-7123, 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 Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. G:\WPDOCS\PC Minutes\1 AgendaW.doc T,Ouf ot 4 agma BI #) MEMORANDUM TO: HONARABLE CHAIR & MEMBERS OF THE PLANNING COMMISSION FROM: DOUGLAS R. EVANS, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 10, 2005 RE: HOOKAH BAR DETERMINATION At the Planning Commission meeting of December 27, 2005 (Attachment 1), staff reported on hookah bars and the absence of such a use being referenced in the City's Municipal Code. Following discussion, Commissioners requested staff to provide direction regarding location and approval process for a hookah bar. In reviewing locations for potential hookah bars, staff has determined that the "Regional Commercial (CR)" Zoning District (Attachment 2) would be best suited for considering this use as a conditional use permit. The CR Zoning District is located predominantly along Highway 111. Staff recommends the CR zone allow for hookah bars because the type of use proposed, its hours of operation, and the parking generated by the use are similar to what is existing and allowed in this zone. By requiring a conditional use permit, the City would be able to address major issues and concerns related to hookah bars; such as hours of operation, sale of alcohol and hookah -related paraphernalia, as well as the possibility of live entertainment (bands and/or karaoke), therefore reducing the likelihood of law enforcement involvement and negative impacts on the community. RECOMMENDATION: 1. The use of hookah bars shall be a permitted use with the approval of a conditional use permit. 2. The locations of hookah bars shall be limited to within the "CR - Regional Commercial" zoning district. Attachments: 1. Planning Commission Minutes of December 27, 2005 2. Regional Commercial location map AITACHMEN7 STAFF REPORT PLANNING COMMISSION DATE: DECEMBER 27, 2005 APPLICANT: CITY OF LA QUINTA REQUEST: DISCUSSION ON WHETHER OR NOT HOOKAH BARS ARE A PERMITTED USE, PROHIBITED USE, OR CONDITIONAL USE IN THE NON-RESIDENTIAL ZONING DISTRICTS LOCATION: CITY WIDE BACKGROUND: Staff received a request from Mr. Halum Abdo to open a hookah bar in the One -Eleven La Quinta Center. Hookah smoking involves the smoking of flavored tobacco through a hookah (a bong -shaped pipe). Smokers sit around the hookah, connect tubes to the hookah, and smoke through their individual mouthpieces. The tobacco is heated in a bowl using hot coals or water. Hookah bars typically consist of tables, chairs, sofas, and multiple televisions. In addition, Mr. Abdo also plans on serving coffee, soft drinks, and snacks at the hookah bar he is proposing. Other cities with hookah bars have treated the use in various ways. The City of Palm Desert treats hookah bars as coffee shops. They are not concerned so much about the use, but rather the parking. The City of Anaheim previously treated hookah bars as coffee shops. However, the use changed over time from a coffee shop -like establishment to more of a nightclub atmosphere. Loud music would often be played by a live DJ until the late hours of the night, and hours of operation extended well past typical hours for a coffee shop or retail establishment. As a result, law enforcement issues became a problem. Now, Anaheim has drafted an ordinance specifically regulating hookah bars and smoking lounges that is currently under City Council review. The State of California does regulate smoke shops and indoor smoking via Labor Code 6404.5 and Penal Code 308. There are a few exceptions within state law that would allow hookah bars. One exception is if the bar is solely operated by the owner, with no other employees. Another exception is if the hookah bar was a retail tobacco shop whose main purpose is selling hookah -related products. Hookah bars are not a listed use in LQMC Section 9.80.040 "Table of Permitted Uses." In addition, the La Quinta Municipal Code also does not regulate smoke/cigar shops. Per LQMC Section 9.80.040, "Other uses not listed in this table," the Community Development Director or Planning Commission is to determine whether a use not clearly defined by the Zoning Code is permitted. C• ANALYSIS: LQMC Section 9.20.040, Land Uses Not Listed," states, "any determination on a proposed unlisted use may be referred to the Planning Commission as a non -hearing item if the Director determines on a case -by -case basis that the public interest would be better served by such referral." After staff consideration, it was determined the appropriate course of action was to forward the matter to the Planning Commission for their consideration in order to determine whether a hookah bar should be allowed as a permitted use or conditional use, and which zoning district(s) should they be allowed to locate within. Hookah bars have the ability to operate reasonably and without incident if the use is carefully regulated. Issues associated with this activity that should be considered by the Commission are: 1. The appropriate zoning district(s) that hookah bars would be permitted, either conditionally or outright. 2. How the City would determine the parking requirement for hookah bars. 3. Hours of operation. 4. How to prevent hookah bars from evolving from a coffee shop -type setting to a nightclub. 5. Limiting hookah bars to providing services, amenities and retail goods to those associated with such an establishment. RECOMMENDATION: Staff recommends the Planning Commission consider the option of allowing hookah bars as permitted or conditional uses in the City of La Quinta and provide appropriate direction to staff. Attachments: Letter from Mr. Abdo requesting determination ATTACHMENT #1 October, 5 2005 Dear Doug Evans, I Halum Abdo, a La Quinta resident, interested in opening a Huka coffee shop in the city of La Quinta on Adams and Highway 111. I have looked up the zoning codes for the city and noticed that the Huka bar was not listed. The closest thing listed to a Huka bar is live entertainment or a bar. I am requesting a regional commercial zoning code interpretation. In the Huka bar, I will be serving coffee, soft drinks, snacks and Huka. Huka is tobacco smoking. It is smoked from a three feet pipe attached to a glass bottle containing water. There are about twenty-five tobacco flavors. In this Huka bar, there will be tables, chairs, sofas and TV's. Sincerely, Halum PH #A PLANNING COMMISSION STAFF REPORT DATE: JANUARY 10, 2006 CASE NOS.: ENVIRONMENTAL ASSESSMENT 2005-550, GENERAL PLAN AMENDMENT 2005-106, ZONE CHANGE 2005-126, SPECIFIC PLAN 83-002, AMENDMENT #5, AND TENTATIVE PARCEL MAP 32752 APPLICANT: RAY SHAFFER ENGINEER: MDS CONSULTING LOCATION: BETWEEN WEISKOPF AND JACK NICKLAUS, IMMEDIATELY SOUTH OF PGA BLVD. WITHIN PGA WEST REQUEST: CONSIDERATION OF: 1) A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM "GOLF COURSE" TO "LOW DENSITY RESIDENTIAL"; 3) A SPECIFIC PLAN AMENDMENT TO ALLOW CONVERSION OF 2.3+ ACRES OF EXISTING GOLF COURSE/COMMON AREA TO RESIDENTIAL USE; AND 4) REVIEW OF PARCEL MAP TO SUBDIVIDE 2.3+ ACRES INTO THREE SINGLE-FAMILY LOTS. REQUEST FOR CONTINUANCE This request was reviewed at the meeting on December 27, 2005. At that time the Planning Commission continued the item and requested the applicant provide additional information from the two applicable PGA West homeowners associations and City Fire Marshal. The applicant has not yet obtained this information and has requested that consideration be continued to the meeting of January 24, 2006. He believes he will have the requested information for that meeting. Staff has no objections to this continuance request. Staff has not received any correspondence from surrounding property owners since the last meeting. PAReports - PC\2006\1-10-06\shaffer\sp 83-002 amend #5 at al pc rpt 1-10.doc RECOMMENDATION Continue consideration of this request to the meeting of January 24, 2006. Prepared by: a 1 AUA- Stan Sawa, Principal Planner PAReports - PC1200611-10-06\shaffer\sp 83-002 amend N5 at al pc rpt 1-10.doc PLANNING COMMISSION STAFF REPORT DATE: JANUARY 10, 2006 CASE NOS.: SITE DEVELOPMENT PERMIT 2005-839 APPLICANT: MARCHI AND ASSOCIATES (BRETT MARCHI) FOR WELLS FARGO BANK OWNER: THOMAS ENTERPRISES LOCATION: NORTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA DRIVE IN THE PAVILION AT LA QUINTA PROJECT REQUEST: REVIEW OF DEVELOPMENT PLANS AND SIGNS FOR A BANK WITH A DRIVE-THRU LANE WITH APPROXIMATELY 4,500 SQUARE FEET OF FLOOR AREA ENVIRONMENTAL REVIEW: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 2003-481, PREPARED FOR SPECIFIC PLAN 2003-066, WHICH WAS CERTIFIED BY THE CITY COUNCIL ON OCTOBER 7, 2003. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED, NOR HAS ANY NEW INFORMATION BEEN SUBMITTED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL REVIEW. THIS REQUEST IMPLEMENTS THE FOREMENTIONED APPROVED SPECIFIC PLAN. ZONING: CR (REGIONAL COMMERCIAL) GENERAL PLAN DESIGNATION: RC (REGIONAL COMMERCIAL) SURROUNDING ZONING AND LAND USES: NORTH: CP / MINI STORAGE FACILITY AND CR / POST OFFICE AND GYM SOUTH: CR / AUTO CENTER P:\stan\sp 03-066 thomas\sdp 2004-807 pc rpt.doc EAST: CR / VACANT WEST: CR / ONE -ELEVEN LA QUINTA SHOPPING CENTER ACROSS ADAMS STREET BACKGROUND: The proposed site is part of a 17.48-acre project site located along the north side of the Highway 111 commercial corridor east of Adams Street (Attachment 1). Specific Plan 2003-066 was approved for this property on October 7, 2003 and allows the construction of a 175,200 square foot shopping center, including five detached pad buildings, varying from 3,900 to 9,000 square feet. Construction has begun on one of the project's main anchor stores as well as other buildings within the development project. The approved Specific Plan for this Center indicates the following design guidelines for buildings: • Buildings will be of a "traditional Mediterranean Tuscany village" style design; • Formula, strongly themed or "corporate" architecture is prohibited; • Hip, gable and shed tile roofs, or combinations thereof are encouraged for main building masses; • Flat roofs with a parapet in combination with the other types of roofs are permitted; • Deep set windows and covered plastered arcades are encouraged; and • Exterior wall materials are to consist of a smooth exterior plaster finish. PROJECT PROPOSAL: The architectural, landscaping and sign plans have been submitted for the 4,500 square foot Wells Fargo Bank on Pad 4. Pad 4 is located at the northwest corner of the signalized intersection of La Quinta Drive and Highway 111, directly north of La Quinta Kia. The proposed bank has been designed with utilization of above noted general guidelines. Exterior materials consist of clay tile roofing, plaster walls, some black ceramic tile on the column bases, stacked El Dorado stone on some towers and arcades. Colors are proposed to include a red blend clay tile, and tan to light brown plaster and stone. The colors and materials comply with those specified in the Specific Plan except for the black colored column tile. Wall mounted trellis panels are provided on all sides of the building. They will be planted with vines to provide articulation to the larger expanses of the building wall. p \stan\sp 03-066 thomas\sdp 2005-839 pc rpt.doc L- The main portion of the building is 17'-10" high. The three tower elements are higher with a maximum of 22 feet in height. This complies with the maximum 22 foot height limit within 150 feet of Highway 111. The project is located adjacent to the 50 foot landscape setback on Highway 111. The outside of the drive-thru lane abuts the Highway 111 property line of this site. A conceptual landscaping plan with cross sections through the drive-thru lane has been submitted. Earthen berming is shown adjacent to the lane except where a pedestrian sidewalk to Highway 111 is shown. The 50 foot landscape area will be designed and installed by the master developer. On site landscaping will be provided around the building except in the area of the ATM machine. A condition of approval has been recommended that the top of the berming be a minimum four feet higher than the lane grade except in the area of the access sidewalk. Parking lot lighting will consist of the same shoe -box style lights with flush lenses set at 20 feet high as used in the rest of the center. The Specific Plan called out this site as a financial use and provided adequate parking. Most of the parking is provided on the west side of the building, with four spaces east of the building adjacent to the drive-thru lane. These four spaces will be used by bank employees, which should minimize any conflict with the drive-thru ATM users. SIGN PROGRAM PROPOSAL AND DISCUSSION: A proposal for the bank signs has been submitted. This includes four identical size building wall signs, with one on each side of the building. The wall sign will read "Wells Fargo" with a non -illuminated bar below it (14'-10" long by 25") in block reverse pan channel letters with halo -illumination. The letters will be yellow with black painted returns. The bar below the letters will have a red painted face with black painted returns. Small door and ATM signs are also proposed to be provided. The ATM is located on the west facing side of the building adjacent to the parking lot. The signs will be consistent with the requirements and intent of the Zoning Code program and Pavilion at La Quinta Sign Program, and will be in harmony and visually related to the proposed architecture of the buildings, with the approval of the Planning Commission. PUBLIC NOTICE: This application was advertised in the Desert Sun newspaper on December 31, 2005. All property owners within 500 feet of the site were mailed a copy of the Public Hearing notice as required by the La Quinta Municipal Code. As of this writing, no comments have been received. p \stan\sp 03-066 thomas\sdp 2005-839 pc rpt.doc r L ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE: The Architecture and Landscaping Review Committee reviewed this request at their meeting of December 7, 2005 and recommended approval of the architectural and landscaping plans, subject to conditions, including the requirement that the horizontal pop -out band be painted a contrasting color to the building and with minor plant material changes (Attachment 3). SITE DEVELOPMENT PERMIT CONCLUSION AND FINDINGS: The project as presented is acceptable and compatible with the shopping center. The findings needed to approve this Site Development Permit, as noted in the Zoning Code, can be made as stipulated in the attached Resolution provided the recommended Conditions of Approval are imposed. RECOMMENDATION: Adopt Planning Commission Resolution 2006- , approving Site Development Permit 2005-839, subject to the attached Conditions of Approval. Attachments: 1 . Location Map 2. Development Plans 3. Minutes of Architecture December 7, 2005 Prepared by: � ✓wU�--�J GNJ-�n. Stan Sawa, Principal Planner and Landscaping Review Committee meeting of p \stan\sp 03-066 thomas\sdp 2005-839 pc rpt.doc r iJ 1 PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A BANK WITH A DRIVE-THRU LANE LOCATED NORTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA DRIVE CASE: SITE DEVELOPMENT PERMIT 2005-839 APPLICANT: MARCHI & ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 101h day of January, 2006, hold a duly noticed Public Hearing to consider a request by Marchi & Associates for approval of a Site Development Permit to allow a bank with a drive-thru lane with approximately 4,500 square feet of floor area located northwest of the intersection of Highway 111 and La Quinta Drive in the Pavilion at La Quinta project within the Regional Commercial Zone District, more particularly described as: APN: 649-820-029 WHEREAS, the Community Development Department has published a public hearing notice in the Desert Sun newspaper on December 31, 2005 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-481 prepared for Specific Plan 2003-066, for which a Mitigated Negative Declaration was certified on October 7, 2003. No changed circumstances or conditions are proposed, nor any new information submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation the California Environmental Quality Act; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify approval of said Site Development Permit: 1. The General Plan designates the project area as Regional Commercial. The proposed commercial building is consistent with this land use designation. r •- oP:\Reports - PC\2006\1-10-06\SDP 2005-839 Marchi\sdp 2005-839 Pc res.doc Planning Commission Resolution 2006- Site Development Permit 2005-839 Marchi & Associates Adopted: January 10, 2006 Page 2 2. The proposed commercial buildings are designed to comply with the Zoning Code and Specific Plan requirements, including, but not limited to, height limits, parking, lot coverage, and signs. 3. The Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2003- 481, prepared for Specific Plan 2003-066, which was certified by the City Council on October 7, 2003. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review. 4. The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the City. 5. The site design of the project, including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 6. Project landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed and conditioned to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and compliment the surrounding project area, ensuring lower maintenance and water use. 7. The building signs will comply and be consistent with the intent of the Zoning Code and Center's Sign Program. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; and p:\stan\sp 03-066 thomas\sdp 05-839 pc res.doc Planning Commission Resolution 2006- Site Development Permit 2005-839 Marchi & Associates Adopted: January 10, 2006 Page 3 2. That it does hereby acknowledge that Environmental Assessment 2003- 481 has determined that no significant effects on the environment have been identified and mitigation measures have been imposed; and 3. That it does hereby approve Site Development Permit 2005-839, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 101" day of January, 2006, by the following vote, to wit: AYES: NOES: ABSENT: r_11--f-W 1L`A TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California D:\stan\so 03-066 thomas\sdo 05-839 Vc res.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005 — 839 MARCHI & ASSOCIATES (FOR WELLS FARGO BANK) ADOPTED: JANUARY 10, 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 Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any 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) • Community Development Department • Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley • Caltrans 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. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457, the State Water Resources Control Board's Order No. 99-08-DWQ and conditions of Specific Plan 2003-066 and Site Development Plan 2004-807. Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 Marchi & Associates (for Wells Fargo Bank) Adopted: PROPERTY RIGHTS 4. 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. 5. As required of Specific Plan 2003-066 and Site Development Plan 2004-807, the public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 (State - Major Arterial, 140' ROW) - No additional right of way dedication is required except as conditioned for Specific Plan 2003-066 and Site Development Plan 2004-807. 6. The applicant shall enter into reciprocal access and maintenance agreements across parcels of SDP 2004-807 and SDP 2004-812 as well as the property to the east. 7. Direct vehicular access to Highway 111 is restricted, except for those access points identified on the Specific Plan 2003-066 and/or SDP 2004-807, or as otherwise conditioned in these conditions of approval. 8. 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. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. The applicant shall create perimeter landscaping setbacks along all public right of way as follows: A. Highway 111 (State - Major Arterial) - 50-foot from the R/W-P/L. P:\Reports - PC\2006\7-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 2 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 March & Associates (for Wells Fargo Bank) Adopted: 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. 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. 11. 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. 12. 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 Commercial Precise Grading Plan 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' 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. "On -Site Commercial 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, retaining and perimeter walls, etc. ADA accessibility to public P:\Reports - PC\2006\7-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 3 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 Marchi & Associates (for Wells Fargo Bank) Adopted: streets, adjacent buildings (including ADA accessibility to the property to the east as approved by the City Engineer) and existing handicap parking shall be shown on the Precise Grading Plans at a scale to be determined by the Public Works Department. 13. 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-guinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 14. 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 15. 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 16. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC and conditions of Specific Plan 2003-066 and Site Development Permit 2004-807. 17. 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. 18. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: P:\Reports - PM2006\1-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 4 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 - 839 Marchi & Associates (for Wells Fargo Bank) Adopted: A. A precise 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, 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. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 19. 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. 20. 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 (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 21. 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 Preliminary Grading Plan submitted with this Site Development Permit, the applicant shall submit the proposed grading changes to the City P:\Reports - PC\2006\1-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc rj 1 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 - 839 Marchi & Associates (for Wells Fargo Bank) Adopted: Staff for a substantial conformance finding review. 22. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. DRAINAGE 23. Stormwater handling shall conform with the approved hydrology and drainage report for Parcel Map No. 29351, or as conditioned and modified for SP 2003- 066 and SDP 2004-807 or this Site Development Permit. Nuisance water shall be disposed of in an approved manner. The tributary drainage area shall extend to the centerline of adjacent public streets. Nuisance water shall be disposed of by an underground system approved by the City Engineer. L 1T11 ITI FS 24. The applicant shall conform with all applicable conditions of SP 2003-066 and Site Development Permit 2004-807. STREET AND TRAFFIC IMPROVEMENTS 25. 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. 26. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 11 Highway 1 1 1 (Major Arterial - State; 140' R/W): a) No widening of the north side of the street along all frontage adjacent to the Site Development Permit is required for its ultimate width as specified in the General Plan and the requirements of these conditions except at locations where additional street width is needed to accommodate conditions of SP 2003-066 and SDP 2004-807. P:\Reports - PC\2006\1-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 6 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 Marchi & Associates (for Wells Fargo Bank) Adopted: 2) General access points and turning movements of traffic are limited to those approved for SP 2003-066 and SDP 2004-807. 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). 27. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Areas 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 28. 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. 29. 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 LOT AND ACCESSWAYS 30. The design of parking facilities shall conform to LQMC Chapter 9.150, and conditions of the approved SP 2003-066 and SDP 2004-807; especially the parking stall and aisle widths and the parking stall striping design. As per the LQMC Chapter 9.150 and the Public Works Department, the following conditions should apply: A. Parking aisle widths should be a minimum of 26 feet for two way traffic lanes and 18 feet for one way traffic lanes with 60 degree parking stalls. P:\Reports - PC\2006\1-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 7 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 Marchi & Associates (for Wells Fargo Bank) Adopted: The applicant shall redesign and/or eliminate parking stalls on the east pursuant to the later condition while providing sight distance for the east/west drive aisle to the north at the shared access drive with the property to the east. B. The design of the row of stalls and sidewalk along the west side of the building shall take into account curb overhang requirements and ADA clearance widths. C. ADA accessibility paths shall be provided to Pad 3 to the west and the adjacent property to the east. D. Parking stall striping shall be the City of La Quinta double striped hairpin design. E. All entry doorways shall be ADA accessible and shall be approved in the precise grading plan process. F. Parking stalls along the drive thru aisle on the east side shall be designated for employee parking only. G. Drive thru aisles shall be a minimum of 14 feet in width and as approved by the City Engineer. H. No wheel stops are allowed throughout the parking area. The applicant shall redesign the building and drive thru aisle layout to provide adequate sight distance at the drive thru connection to the east/west drive aisle to the north of this Site Development Permit which may require elimination of the north employee parking stall. J. The hatched loading handicap loading area shall be 8 feet wide to accommodate van accessibility requirements. CONSTRUCTION 31. 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. P:\Reports - PC\2006\1 -1 0-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 8 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 Marchi & Associates (for Wells Fargo Bank) Adopted: LANDSCAPING 32. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC, as well as all applicable conditions of SP 2003-066 and SDP 2004-807. PUBLIC SERVICES 33. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 34. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 35. 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. 36. 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. 37. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 38. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. P:\Reports - PC\2006\1-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 9 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 Marchi & Associates (for Wells Fargo Bank) Adopted: 39. 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 40. 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. 41. 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). MISCELLANEOUS 42. Final project design shall consider safety design suggestions submitted to and on file in the Community Development Department. 43. Final Plans shall be submitted to City Fire Marshal during plan checking and comply with their requirements. 44. The horizontal pop -out band around the building shall be painted Sherwin Williams "cobble brown" SW6082, which is a color used on the building and will contrast with the adjacent plaster color. 45. Vines used on north and east sides of building shall be Calliadra Inaequilatera. On the south and west sides, Bogainvillea shall be provided. 46. The Prosopis Chilensis (Thornless Chilean Mesquite) trees shall be substituted during to its brittle characteristics. 47. Parking lot lighting and double line parking lot striping shall match that used in the other portions of the center. 48. Exterior lighting shall comply with outdoor lighting requirements and restrictions in Section 9.100.150 of the City Municipal Code. P:\Reports - PC\2006\1 -1 0-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 10 Planning Commission Resolution 2006- Conditions of Approval - Recommended Site Development Permit 2005 — 839 Marchi & Associates (for Wells Fargo Bank) Adopted: 49. An earthen berm, a minimum of four feet higher than the drive-thru lane grade, shall be provided adjacent to Highway 1 1 1. If needed, a stem wall adjacent to the north side of the berm shall be provided to provide the required berm height. In the area of the access sidewalk, if permitted, some berming and meandering shall be provided. Landscaping shall be provided at the top of the berm to provide additional screening. PAReports - PC\2006\1-10-06\SDP 2005-839 Marchi\sdp 2005-839 pc coa.doc 11 CASE No. CASE MAP SDP 2005-839 MARCHI & ASSOCIATES ATTACHMENT #1 FOR ORT SCALE: NTS ATTACHMENT MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 7, 2005 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectu I and Landscaping Review Committee was called to order at 10:10 m. by Planning Manager Les Johnson. B. Committee Members presgfit: Bill Bobbitt, Frank Christopher, and Tracy Smith. j C. Staff present: Planning anager Les Johnson, Principal Planner Stan Sawa, Associate Plan er Wallace Nesbit, and Executive Secretary Betty Sawyer. Il. PUBLIC COMMENT: None III. CONFIRMATION OF T AGENDA: Confirmed. IV. CONSENT CALEN A. There bein 9010 changes to the minutes of September 7, 2005, it was moved a9dseconded by Committee Members Bobbitt/Smith as submittegV Unanimously approved. B. There eing no changes to the minutes of October 5, 2005, it was move and seconded by Committee Members Christopher/Smith as sub itted. Unanimously approved. V. BUSI /SS ITEMS: W* A. Site Development Permit 2005-839; a request of Marchi & Associates for Wells Fargo Bank for consideration of development plans for a bank building for the property located at the northeast corner of Highway 111 and Adams Street within The Pavilion at La Quinta project. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the GAWPD0CS\ALRC\12-7-05 ALRC.doc c. Architecture and Landscaping Review Committee December 7, 2005 Community Development Department. Staff introduced Mr. Brett Marchi who gave a presentation on the project. 2. Committee Member Smith asked if the wire trellis was welded to the building. Staff stated that based on the information submitted, it was to be attached to the building. 3. Committee Member Christopher asked the color of the trellis. Mr. Marchi stated it will be a powder coated color using an accent color. 4. Committee Member Smith asked what plant material would be used on the trellis. Mr. Marchi stated it would be a vine. 5. Committee Member Bobbitt stated the vines noted on the plans will stick to the building without the trellis and will become a maintenance problem. Mr. Marchi stated the trellis will not be directly attached to the building, but will stand out about two feet from the building. Committee Member Bobbitt recommended a bougainvillea or calliandra vine. He also asked that the Chilean/Mesquite trees be replaced with a stronger tree. 6. Committee Member Christopher asked that the banding that runs horizontally through the stucco section be colored to give some accent. 7. Committee Member Bobbitt asked that the applicant consider adding concrete edge to the island beds so when the people exit their cars they do not step in the plant material. This would be for the area adjacent to and in front of the parking stalls 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2005-035 recommending approval of Site Development Permit 2005-839, as recommended and as follows: a. A different vine material shall be used on the trellis b. The mesquite trees shall be misplaced with a different tree C. Contrast color shall be added to the banding that run through the stucco area. G:\WPDOCS\ALRC\12-7-05 ALRC.doc 2 PH #C STAFF REPORT PLANNING COMMISSION DATE: JANUARY 10, 2006 CASE NO.: TENTATIVE TRACT MAP 34185 APPLICANT: SIENNA CORPORATION PROPERTY OWNER: SIENNA CORPORATION ENGINEER: NAI CONSULTING, KRIS R. SCHULZE LOCATION: 425± FEET WEST OF JEFFERSON STREET ALONG THE NORTH BANK OF THE CVWD STORMWATER CHANNEL, SOUTH OF FIESTA DRIVE ACCESSED FROM HUMMINGBIRD LANE REQUEST: CONSIDERATION OF THE SUBDIVISION OF 3.14± ACRES INTO TEN RESIDENTIAL LOTS AND OTHER MISCELLANEOUS LOTS ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT MAP 34185 IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332 (CLASS 32). THE PROPOSED DEVELOPMENT OCCURS ON LESS THAN FIVE ACRES OF PREVIOUSLY SUBDIVIDED LAND WITHIN AN URBANIZED AREA AND HAS BEEN DEEMED AN IN -FILL DEVELOPMENT PROJECT. THEREFORE, NO ENVIRONMENTAL REVIEW OF THIS REQUEST IS NEEDED. GENERAL PLAN DESIGNATION: LDR (LOW DENSITY RESIDENTIAL, UP TO 4 DWELLING UNITS PER ACRE) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING ZONING/LAND USES: NORTH: RL / SINGLE FAMILY RESIDENTIAL SOUTH: FP / FLOODPLAIN EAST: RL / SINGLE FAMILY RESIDENTIAL WEST: FP / FLOODPLAIN PAReports - PC\2006\1-10-06\TT 34185\TT 34185 PC RPT.doc BACKGROUND: The project site primarily consists of a remainder parcel created under Home Depot's Parcel Map 28469, approved in August of 1998. The original property extended south across the Stormwater Channel all the way to Highway 1 1 1. Following recording of the parcel map for Home Depot, two CVWD well sites were created on either side of the subject property. The remainder of the parcel, consisting of the bulk of this proposed tentative tract map, has remained undeveloped. With a vacant lot available for access at the end of Hummingbird Lane, the applicants have proposed developing the project site into ten residential lots. The existing adjacent residential properties on Hummingbird Lane and Fiesta Drive were subdivided prior to City incorporation. PROJECT REQUEST: The applicant is proposing to subdivide the 3.14 acre site into ten single-family residential lots (Attachment 1). In addition to the single-family lots, four miscellaneous lots would be created, three for landscaping and one for the private street. The proposed density of this subdivision is 3.1 dwelling units per acre, which is within the maximum four dwelling units per acre range allowed in the Zoning Code and General Plan land use designation. The existing Low Density Residential (RL) zoning on the property requires a minimum lot size of 7,200 square feet. The smallest lot proposed for this project is 9,123 square feet and the largest is 10,935 square feet, averaging 9,670 square feet. All proposed lots meet the Low Density Residential zoning (RL) development standards. Layout The proposed project connects with and is accessed via Hummingbird Lane, currently a public cul-de-sac street with three residential properties. The proposed street serving the ten lots will be private and un-gated, though the potential exists to install a gate in the future. As the proposed street width of 28 feet can not accommodate on -street parking, five off-street parking spaces have been proposed near the project entry at Lot "B". The street layout involves a "T" shape with the access coming in from Hummingbird Lane, splitting to a cul-de-sac at one end and a hammerhead turnaround at the other. Two of the proposed lots access the hammerhead turnaround. Landscaping and Design The applicant's conceptual landscaping plan identifies enhancements to separate the project from the adjacent neighborhood. At the entry, textured paving, Sweet Acacias, and a variety of shrubs have been proposed. Along the stormwater channel, the applicants have agreed to staff's recommendation to obtain an encroachment permit from the Coachella Valley Water District in order to accommodate a 12.5 foot wide landscape strip abutting the stormwater channel and wall (Attachment 2). Staff PAReports - PC\2006\1-10-06\TT 34185\TT 34185 PC RPT-doc 1, - - recommends this design be revised to exclude the proposed off-street parking near the entry and instead provide five on -street parking turnout spaces along the proposed CVWD landscaping encroachment, as the proposed 28 foot street width is too narrow to accommodate parking. Public Notice This tentative tract map application was advertised in the Desert Sun newspaper on December 17, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, two letters of objection were received (Attachment 3) from neighboring property owners and two phone calls were received with verbal objections. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. ITEMS OF DISCUSSION: As this is an infill project abutting an existing long-standing neighborhood, staff recommended to the applicant that the proposed map layout be designed comparable to the existing adjacent lots to the north. This included the recommendations that the rear of the existing and proposed properties align with one another and that the proposed lot sizes and dimensions match the existing lots. Adjacent properties along Fiesta Drive are similar in size as the proposed lots, ranging in size from 8,712 to 10,890 square feet. The three existing cul-de-sac lots along Hummingbird Lane are larger than the proposed lots at 13,503, 14,810, and 17,424 square feet. The average proposed lot size is 9,670 square feet. Concerning the Conditions of Approval, staff recommended an encroachment permit be obtained from the Coachella Valley Water District in order to provide for on -street parking turnouts and landscaping within the lip of the Stormwater Channel. In addition, staff recommended that distinguishing entry landscaping be installed at the entrance and along the Hummingbird Lane frontage, since the project currently lacks a gate. STATEMENT OF MANDATORY FINDINGS: Findings necessary to recommend approval of this request can be made, as conditioned, and are contained in the attached Resolution for the Tentative Tract Map. PAReports - PC\2006\1 -1 0-06\TT 34185\TT 34185 PC RPT.doc L RECOMMENDATION: Adopt Planning Commission Resolution 2006- , recommending to the City Council approval of Tentative Tract Map 34185, subject to attached Findings and Conditions of Approval. Attachments: 1. TT 34185 map exhibit 2. Preliminary landscaping and design graphics 3. Letters from Neighboring Property Owners Prepared by: ,` — — An ew J. Mogensen Associate Planner p L, A PAReports - PC\2006\1 -1 0-06\TT 34185\TT 34185 PC RPT.doc PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QU1NTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF 3.14 ACRES INTO TEN RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 34185 APPLICANT: SIENNA CORPORATION WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 10`h day of January, 2006, hold a duly noticed Public Hearing to consider the request of the Sienna Corporation for the subdivision of 3.14 acres into ten single-family residential lots and other miscellaneous lots, located 425 ± feet west of Jefferson Street along the north bank of the CVWD Stormwater Channel, south of Fiesta Drive accessed from Hummingbird Lane, more particularly described as: APN 649-020-072 and 649-063-009 WHEREAS, said Tentative Tract Map has been determined by the La Quinta Community Development Department to be exempt from the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), pursuant to Section 15332, and has thus prepared a Notice of Exemption in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The project has been determined to be a Class 32 infill project, as it is less than five acres in size and is located within existing subdivided land; 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 Planning Commission did make the following Mandatory Findings of Approval to justify a recommendation for approval of said Tentative Tract Map 34185: 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, as the project is located within existing subdivided land and has been determined to be an urban infill project of less than five acres. Planning Commission Resolution 2006- Tentative Tract Map 34185 Sienna Corporation Adopted: January 10' 2006 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. 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend approval of Tentative Tract Map 34185 to the City Council 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 Planning Commission, held on this 10th day of January, 2006, by the following vote, to wit: AYES: NOES: /_1-1-140111In Fill *11/_1101 TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2006- ,ONDITIONS OF APPROVAL — RECOMMENDED I-ENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 3ENERAL 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 ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley (SCAQMDCV) 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. �E PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 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 at 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. 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. P:\REPORTS - PC1200611-10-06\tt 34765\STD COA TM-34185.DOC $LANNING COMMISSION RESOLUTION 2006- :ONDITIONS OF APPROVAL - RECOMMENDE TENTATIVE TRACT MAP 34185 HENNA CORPORATION IANUARY 10, 2006 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. i. 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). PROPERTY RIGHTS 5. 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. B. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Hummingbird Lane (Cul-de-sac, 50' ROW) — The applicant may be required to dedicate right of way at the private road intersection to Hummingbird Lane as required by the City Engineer. 9. 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. 10. The private street right-of-ways to be retained for private use required for this development include: L .J P:IREPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 A. PRIVATE STREETS 1) Property line shall be placed at the back of curb similar to the lay out shown on the tentative map and the typical street section shown in the tentative map. 2) Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width. if on -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 and concurrent with finalizing the tract map. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. Dead End Street 1) The dead end street shall be redesigned to accommodate U-turn vehicular movement as required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet. 11. 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. 12. 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. 13. 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 I I D. PAREPORTS - PC%2006N-10-O6%TT 34185%STD COA TM-34185.DOC J 'LANNING COMMISSION RESOLUTION 2006- :ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 ;IENNA CORPORATION IANUARY 10, 2006 14. Direct vehicular access to Hummingbird Lane from lots with frontage along Hummingbird Lane 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. 15. 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. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAI MAPS 17. 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. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 19. The following improvement plans shall be prepared and submitted for review and approval by the 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 PAREPORTS - PC1200611-10-061Tr 341851STD COA TM-34185.DOC 1 )LANNING COMMISSION RESOLUTION 2006- =131TIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION IANUARY 10, 2006 pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan (Revisions) 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 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. E. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal 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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 20. 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. PAREPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC 1 PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDE rENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 21. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 22. Prior to 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. 23. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 24. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 25. 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. i P:\REPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC ; PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 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 third Building Permit. 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. 26. 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" 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. 27. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. , PAREPORTS - PC1200M1 10-06\TT 34185\STD COA TM-34185.DOC i 'LANNING COMMISSION RESOLUTION 2006- =DITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 HENNA CORPORATION IANUARY 10, 2006 t9. 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. 30. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, 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. 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. 31, The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 32. 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. 33. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 34. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. PAREPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC " J )LANNING COMMISSION RESOLUTION 2006- 'ONDITIONS OF APPROVAL - RECOMMENDE TENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 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. 35. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 36. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 37. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 38. Nuisance water shall be retained on site. In residential developments, nuisance water shall be passed through a prefilter system comparable to the MaxWell Plus Primary Settling Chamber (or equivalent) before being disposed in the proposed drywell system or equivalent system approved by the City Engineer. A geotechnical study shall confirm the applicability of drywell use for the development based on the existing soil conditions. The drywell 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 drywell shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. The drywell shall be designed to accept the abovementioned nuisance water requirements. PAREPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 39. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. 40. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 41. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative tract map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The applicant shall make available to all buyers in this tentative tract map, educational material from the Riverside County Flood Control & Water Quality District regarding stormwater discharge into the Whitewater River System. UTILITIES 42. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 43. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 44. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. PAREPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC )LANNING COMMISSION RESOLUTION 2006- :ONDITIONS OF APPROVAL - RECOMMENDE TENTATIVE TRACT MAP 34185 HENNA CORPORATION IANUARY 10, 2006 45. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 46. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 47. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Hummingbird Lane (Cul-de-sac, 50' ROW a) No addition street widening is required. Other required improvements in the Hummingbird Lane right or way include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 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). B. PRIVATE STREETS 1) Construct 28-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is prohibited and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. 2) The applicant shall design the entrance off Hummingbird Lane with decorative pavement material and other features to distinguish the private street from the public street right of way as approved by the City Engineer and the Community Development Director. PMEPORTS - PC\2006\1-10-06\TT 34185\STD COA TM34185.DOC �- J )LANNING COMMISSION RESOLUTION 2006- ;ONDITIONS OF APPROVAL - RECOMMENDED rENTATIVE TRACT MAP 34185 HENNA CORPORATION IANUARY 10, 2006 3) The curb return for the private street shall confirm to La Quinta Standard Plan 220 to include adjustments of the proposed private street curb returns or existing driveways to conform to said standard plan as approved by the City Engineer. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 48. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 49. 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. 50. General access points and turning movements of traffic are limited to the following: Primary Entry (Hummingbird Lane): Full turn movements are permitted. 51. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians and bollards if required, street name signs, and sidewalks. 52. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PMEPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC PLANNING COMMISSION RESOLUTION 2006- :ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 HENNA CORPORATION IANUARY 10, 2006 CONSTRUCTION 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. 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. -ANDSCAPING 54. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 55. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 56. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 57. 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. 58. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 59. The applicant shall obtain and secure an encroachment permit from the Coachella Valley Water District in order to provide for landscaping, a wall, and to provide five on -street parking turnouts within the vehicular access portion of the Stormwater channel lip and within proposed Lot D. Gates and appropriate curbing shall be provided to allow CVWD and emergency vehicular access at each end of the street, identified as Lot A. PAEPORTS - PC1200611-10.061TT 34185\STD COA TM-34185.DOC ti PLANNING COMMISSION RESOLUTION 2006- :ONDITIONS OF APPROVAL - RECOMMENDE TENTATIVE TRACT MAP 34185 SIENNA CORPORATION IANUARY 10, 2006 50. Parking spaces identified on Lot B shall be removed and replaced with landscaping. 31. Brick pavers and landscaping shall be installed at the entry of the project, identified as the portion of Lot A adjacent to Lots B and C. 2UALITY ASSURANCE 32. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 33. 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. 54. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 65. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 66. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 67. 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 68. 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 PAREPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED rENTATIVE TRACT MAP 34185 SIENNA CORPORATION JANUARY 10, 2006 in effect when the applicant makes application for plan check and permits. 59. 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). 70. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. (If this subdivision falls within an existing assessment district or in an area that may be subject to an assessment district, add the following condition:) 71. 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. 72. Tentative Tract 34185 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE DEPARTMENT 73. Blue dot retro-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. 74. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 75. Final Fire Department conditions will be addressed prior to final map. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PAREPORTS - PC\2006\1-10-06\TT 34185\STD COA TM-34185.DOC )LANNING COMMISSION RESOLUTION 2006- :ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 HENNA CORPORATION IANUARY 10, 2006 01SCELLANEOUS 76. A permit from the Community Development Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 77. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Exemption" pursuant to CEQA Guideline § 15332 once reviewed and approved by the City Council. The appropriate filing fee shall be paid by the developer. 78. Should casitas be part of the home design for the production homes on the site, a master Minor Use Permit for all such casitas shall be secured in conjunction with the recordation of the Final Map. A covenant and provision in the CC&R's shall be recorded informing all property owners of the Minor Use Permit and its conditions of approval. 79. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. BO. All public agency letters received for this case are made part of the case file documents for plan checking purposes. PAREPORTS - PC\200617-10-06\TT 34185\STD COA TM-34185.DOC ATTACHMENT 3 Miller Letter 12-29-05 From: jamie miller [lverness@hotmail.com] sent: Wednesday, December 28, 2005 12:23 PM ro: Andy Mogensen Subject: TENTATIVE TRACT 34185 Dear Mr. Mogensen: I am writing you after our recent telephone conversation regarding this tract. As I informed you at that time, I will be out of the state on 7anuary loth so unfortunately will not be unable to attend the meeting. I am totally agaiinst Sienna Corporation's proposal for various reasons and would like the Planning Commission to seriously consider the following issues. when I moved into my home almost eleven years ago I was informed that the land behind my home would never be built on .... I was told by both the selling and listing real estate agents that if it was developed it would be a park or golf course. All of my other neighbors were told the same. The main reasons I bought my home at that time was because it was on a CUL-DE-SAC, no one would be building behind it, and it was in a quiet area. when myself and neighbors met with Mike Rowe of sienna three years ago he informed us that he would be developing the lot next to me as a road going back to Two more lots. In other words, he would be developing Two lots for Two houses behind my home. I recently called the City of La Quinta because I have an issue with Mike Rowe regarding his not connecting my fence to the wall he put up in April, 2004. At that time I was informed that Sienna's new proposal is to put TEN houses behind my home. I was also told that Mr. Rowe informed the City that he has been discussing this issue with the homeowners in the area. He has not talked to me, nor any other neighbor that I have talked to. To put ten houses behind my home would mean enormous traffic in this area. If you figure two vehicles pper household, perhaps teenagers with friends' vehicles, the traffic will be constant. I will no longer be on a cul-de-sac, have constant traffic, plus noise now behind my home. Sienna also wants to put parking stalls in the lot next to me, which will be an eye sore. I understand that the city is growing, and change is inevitable, but I also believe that consideration should be made when it comes to residents that have lived in an area several years. Thank you. Sincerely, 7amie Miller 79869 Hummingbird Lane La Quinta, CA 92253 Page 1 Wright Letter 1-4-06 From: sandy Wright [stephilou@msn.com] sent: Tuesday, January 03, 2006 5:17 PM To: Andy Mogensen subject: sienna corporation Importance: High Mr. Mogensen, My family and I live directly accross the street from where this proposed tract is being planned and presented to the city. when we bought our home on Hummingbird Lane we were under the impression that the "cul-de-sac" we moved on to would remain a "cul-de-sac" and not an "access road" for all these new homes. The additional traffic, noise and potential crime this project will bring is very upsetting to me and my family, not to mention the eye sore "carport" that we will have to look at daily. I do understand the city is growing as we too are in the construction business but, we do not understand why the city would allow or even consider such a project especially since the owner of this land hasn't even spoken to any of the neighbors about his potential "Project". We look forward to voiceing our opinions at the meeting being held on January loth. Thanks for listening. Rod & sandy Wright Page 1 r.. Tay 4 XP 49&r& MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Douglas R. Evans, Community Development Director DATE: January 10, 2006 A RE: Public Hearing Item #3 - Tentative Tract Map 34185 - Sienna Corporation Staff is recommending revisions to the following conditions. The proposed condition changes are noted in italics: 10. A. 2) Parking shall be prohibited along both sides of residential streets having a 28-foot travel width (measured at gutter flow line to gutter flow line). The applicant shall establish provisions identifying the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Public Works Department prior to recordation and concurrent with finalizing the tract map. 33. Building pad elevations of the proposed development shall not exceed the building pad elevations of the existing adjacent lots by more than one foot. 44. Existing overhead utility lines impacted by the proposed project which are on -site or adjacent to the site, 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. 59. The applicant shall obtain and secure an encroachment permit from the Coachella Valley Water District in order to provide for landscaping, a wall, and to provide five on -street parking turnouts within the vehicular access portion of the Stormwater channel lip and within proposed Lot D. Gates and appropriate curbing shall be provided to allow CVWD and emergency vehicular access at each end of the street, identified as Lot A. Should an encroachment permit for the parking turnout improvement be denied by CVWD, then the developer shall widen the street adjacent to the CVWD Stormwater Channel to 32 feet (measured flow line to flow line) in order to accommodate on -street parking. Condition #10 (A.2) shall be accordingly revised to permit on -street parking on the channel side of the 32 foot street. In regard to Conditions #10, #33, and #44, these items have been rewritten due to some minor errors in the previous wordage. In regard to Condition #59, this condition depends upon CVWD approval. Additional text was necessary in the event the encroachment permit was denied. This addition would ensure the availability of on -street parking. If the encroachment permit were denied, widening the street to 32 feet would allow on -street parking but, would result in a lot depth loss of four feet from the front of adjacent lots. This is a total area reduction of approximately 1,920 SF from the adjacent lots. All lots would remain within the development standards. As a result, Lot 4 would be reduced by approximately 200 SF, Lot 5 would be reduced approximately 320 SF, Lot 6 would be reduced approximately 460 SF, Lot 7 would be reduced approximately 400 SF, Lot 8 would be reduced approximately 50 SF, and Lot 9 would be reduced by approximately 500 SF. PH #D STAFF REPORT PLANNING COMMISSION DATE: JANUARY 10, 2006 CASE NO: VILLAGE USE PERMIT 2005-032 DEVELOPMENT AGREEMENT 2005-009 APPLICANT: SOUTH WEST CONCEPTS PROPERTY OWNER: NISPERO PROPERTIES, INC. REQUEST: 1) CONSIDERATION OF DEVELOPMENT PLANS FOR CONSTRUCTION OF A ±19,433 GROSS S.F. TWO- STORY OFFICE BUILDING, INCLUDING A 935 S.F. COFFEE BAR, IN THE VILLAGE AT LA QUINTA; AND, 2) CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR PARKING MANAGEMENT, TO ALLOW CONSTRUCTION OF SAID ±19,433 GROSS S.F. TWO- STORY OFFICE BUILDING, INCLUDING A 935 S.F. COFFEE BAR, IN THE VILLAGE AT LA QUINTA LOCATION: NORTHWEST CORNER OF AVENIDA LA FONDA AND MAIN STREET (ATTACHMENT #1) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) SURROUNDING LAND USES: NORTH - VACANT ZONED VC SOUTH - EXISTING RESIDENTIAL ZONED VC EAST - CITY LIBRARY ZONED MC WEST - VACANT ZONED VC SITE BACKGROUND: This proposed building is on a ±0.72 acre site, which is made up of two odd -shape lots, comprising a half -circle, in the Village at La Quinta. Main Street (formerly Avenida Buena Ventura) is constructed as a 28-foot wide street and surrounds the site frontage to its east, connecting to Avenida La Fonda on the south. Both roadways are fully improved with curb/gutter, but no sidewalk. Parking on Main Street is prohibited due to its design width of 28 feet. There are 5-foot easements along both sides of the common property line for Lots 68 and 77, originally in favor of Riverside County. The recently completed City Library facility is sited directly east of the property on Main Street. No improvements, structures, or other features exist on the property, which is flat and barren of any vegetation. No prior approvals or applications have been processed on this property by the City. PROJECT BACKGROUND: The proposed building is an approximately 19,433 gross s.f. structure intended for general office uses, including a 935 s.f. space for a coffee bar. The first floor will contain the coffee bar and general office space of about 9,470 s.f. of gross s.f., with 9,963 s.f. of gross s.f. on the second floor. The building is flanked on its east and west sides by exterior stairwells. The highest building point is at 38.5 feet from finish grade at the central turret/rotunda-style feature, with the main roof line at 29.8 feet. The height limit for the Village is set at two stories, not to exceed 35 feet. However, the Code does allow architectural elements to extend above the required height limit, within certain parameters, as part of a development review application. This design is within the parameters of the Code relative to the excess height proposed. The building is generally sited on the eastern portion of the property along Main Street's interior curve, with the front of the building facing Main Street; i.e. east elevation (Attachment 2). The site plan provides for a 10-foot building setback along the Main Street frontage. Access into the parking area is taken from both Main Street and Avenida La Fonda, at the north and south ends of the site, respectively. The parking area occupies the remainder of the site, on the west side of the building. Based on a total gross leasable floor space of 15,432 s.f, the building requires 68 total parking stalls, with 49 provided. The 19 deficient stalls will be addressed as part of a Development Agreement, which has been drafted for review concurrent with the Village Use Permit application. The architecture is best described as a blending of Traditional Spanish and Mediterranean design elements, with a more contemporary architectural design overall (Attachment 3). The building walls will be stucco, with darker earth -tone colors applied to the finish, and use of stone veneer as an accent. The roofing material will be a two-piece mission clay tile in a darker tri-color earth tone blend. The window surrounds, doors and mullions will be framed in a painted finished aluminum. The roof eaves will be accented with exposed rafter tails, stained in a dark wood color. Upper floor exterior access areas are framed with a wrought iron railing. L A material and color board, along with full-size color illustrations, will be provided at the meeting. Architecture and Landscape Review Committee (ALRC) Action - On December 7, 2005, the ALRC reviewed the project landscaping and building architecture (Attachment #4). The following issues were raised by the Committee: 1. Building Design - The ALRC recommended a revision to the coffee bar portion of the west elevation, to add architectural elements to make that portion more in keeping with the overall design. They were concerned that the balcony railings be detailed as shown in the photo samples, as the renderings do not reflect the same detailing. The ALRC requested the sign monument be more in line with the fountain, incorporating it's scalloping and camel back features 2. Landscaping - The ALRC recommended replacement of the deciduous Silk trees along the western property line with an evergreen species, and inclusion of a block wall along that west property line. On a 3-0 vote, the ALRC adopted Minute Motion 2005-036, recommending approval of the proposed project subject to the above provisions. Public Notice This case was advertised in the Desert Sun newspaper on December 31, 2005. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. No comments have been received as of this report's preparation; any correspondence received interim to the public hearing will be transmitted to the Planning Commission. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file at the Community Development Department, and have been incorporated into the attached Conditions of Approval, as appropriate. ANALYSIS: Consistency with Village at La Quinta Design Guidelines - In regard to site and building design, the project is consistent with the design principles and policies of the Village at La Quinta Design Guidelines. The site is restricted by the odd shape of the parcel and its relatively small size (0.72 acres) for commercial use. Compliance with the Village parking area guidelines requires that the parking areas be placed in back of buildings, and the applicant has designed the building in such a way that the pedestrian entryway is at midpoint of the Main Street frontage. This orientation provides a direct interface with the City Library property to the east, accommodating accessibility and pedestrian draw between the site and the library and Civic Center facilities. The project will accentuate the Library building design in terms of its relative scale, and shares a central rotunda -style architectural feature as well. It should be noted that the Village Guidelines are intended as a general document, to provide basic direction in relation to site design and architecture relative to creation and enhancement of a Village -style atmosphere. They are more form than ordinance -based, and are not intended to be applied universally, or in all situations; they are to be considered for each design case that comes before the City, and assessed for their appropriateness in consideration of the site design issues for any given project. Parkin - The site requires 68 spaces, where 49 have been provided. The subject property size and configuration makes compliance with parking requirements impractical and likely infeasible. Options available would be to process a variance, have the applicant revise the project to reduce building area, acquire off -site land to provide parking, or other alternatives. The parking area complies with all development standards for commercial parking, with the exception of the entry driveways. The Code requires such driveways to be a 20-foot depth into the site, from the edge of the adjoining street curb. Due to the curvature of Main Street, the west side of both entry driveways only provide approximately 16 feet. The general development standards for the Village district allow for variations to any parking standard to be approved for Village district uses. Compliance with this standard would result in the loss of at least one parking space, for a project that is already severely under parked. Based on the minimal traffic volume and conflict anticipated, staff recommends that the varying standard allowance under the Code be employed for this requirement, keeping the entry as proposed. This has been reflected in the conditions, as they pertain to parking lot design. An additional point relating to parking requirements is recommended for inclusion as an approval condition, to restrict the office uses to general office and the coffee bar space to ancillary seating only. This project has elevator facilities which would accommodate the leasing of some office space as medical, which mandates a more restrictive parking standard. The coffee bar space is calculated into the overall parking for the project as retail food with ancillary seating, and any future uses need to be limited as such The Municipal Zoning Code allows for consideration of various options for compliance with the parking requirements. One such option is to request a reduction in parking, through execution of a parking agreement. This is the recommended option, as the agreement sets forth a contractual obligation to provide required parking, in part through assessment of a parking fee to pay for future facilities that would provide a benefit to the Village as a whole. This process was initiated with the approval of the Plaza Estado project in the form of a Development Agreement (DA). As this process was favorably received, staff has proposed use of the same process for this project. The applicant originally requested credit against the 19 deficient spaces, based on a contention that other parking is available on Main Street and at the City parking areas serving the Library and Senior Center. Staff could not support any credit in this case, as on -street parking is not permitted on Main Street due to its current design width of 28 feet. Staff did look into allowing some pocket parking spaces on the project side of Main Street, to be designed and built at the applicant's cost, as a way to create more spaces and obtain credit for them. However, the City Traffic Engineer has recommended that no such modifications to Main Street be permitted. As far as using the City parking areas, these were provided for the Library and Senior Center uses, and allowing credit for dedicated spaces not specifically designed and reserved for general public use would not be appropriate. The City is working on the preparation of a Village Parking Study, which will evaluate parking utilization, demand, programs and options. Additionally, the Redevelopment Agency (RDA) has completed construction of parking improvements at the existing RDA -owned parking facility, at Avenida Montezuma and Avenida Bermudas. These improvements should cause an increase in use of this facility. Development Agreement The Development Agreement (Attachment 5) sets forth a contractual obligation to provide required parking, in part through assessment of a parking fee to pay for future facilities that would provide a benefit to the Village as a whole. The Agreement must be reviewed by the Planning Commission and approved by City Council, prior to issuance of any grading and/or building permit. The key points of the agreement are: Developer to pay into a City Parking Fund for each deficient space for the project. The deficient number of spaces is 19, but the developer could receive a credit for a portion of the 19 deficient spaces, if on -street parking can be constructed at the developer's cost. Although the City Traffic Engineer does not recommend adding on -street parking on Main Street along the frontage curve at this property without significant revision to existing street improvements, staff has included a provision in the DA that would allow the applicant to further explore this potential, subject to City approval of revised street improvements by the applicant. The required Parking Fund payment shall be paid prior to issuing any grading and/or building permit for the project. In addition, the project approval is not effective unless and until the Agreement has been approved by City Council. Developer agrees not to restrict parking on his property; project parking areas shall be available for public use when on -site businesses are closed. Employees associated with businesses in this project shall be encouraged to park in the Redevelopment Agency -owned parking lot at Avenida Montezuma and Avenida Bermudas. No parking for the project is permitted in the City parking areas for the Library and Senior Center. Excess Rights -of -Way There is a portion of right-of-way that will need to be vacated, at the south of the property at Main Street and La Fonda. This was created when that intersection was realigned with the street improvements for this area. The conditions require the applicant to initiate and complete the vacation process, so that the excess right-of-way can be transferred to the applicant for development. In addition, 5- foot wide utility easements are sited along both sides of the property line dividing the two lots that comprise the site. It will be required that these easement also be vacated, and a parcel merger processed, prior to issuing any permits for structures. STATEMENT OF MANDATORY FINDINGS: Based on the provisions of the General Plan, Zoning Code, and the Village at La Quinta Design Guidelines, findings necessary to approve this proposal can be made as noted in the attached Resolutions to be adopted for the project. RECOMMENDATION: 1. Adopt Planning Commission Resolution No. 2005-_, confirming the environmental determination of the Community Development Director, and granting approval of Village Use Permit 2005-032, subject to conditions as recommended by staff; and, 2. Adopt Planning Commission Resolution 2005-_, recommending to the City Council approval of Development Agreement 2005-009. Prepared by: /�' // A '_ Wallace Nesbit, Associate Planner Attachments: 1. Location Map 2. Project site plan 3. Building elevations 4. ALRC minutes of December 7, 2005 (2 pgs.) 5. Draft Development Agreement PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DVELOPMENT GUIDELINES, FOR THE DEVELOPMENT OF A ± 19,433 GROSS SQUARE FOOT COMMERCIAL OFFICE BUILDING WITH 935 SQUARE FOOT COFFEE BAR, INCLUSIVE OF A DEVELOPMENT AGREEMENT VILLAGE USE PERMIT 2005-032 NISPERO PROPERTIES, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10t'day of January, 2006, consider Village Use Permit 2005- 032 for a ± 19,433 gross square -foot commercial office building, to include a 935 square -foot coffee bar use, inclusive of a Development Agreement (DA 2005-009), to be located at the northwest corner of Main Street and Avenida La Fonda, more particularly described as: LOTS 68 & 77, MB 021/060, DESERT CLUB TRACT UNIT #4 WHEREAS, said Village Use Permit application 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 Community Development Department has determined that the proposed Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did on the 7"' day of December, 2005, adopt Minute Motion 2005-036, recommending approval of Village Use Permit 2005-032 to the Planning Commission, subject to recommended conditions; and, WHEREAS, said Village Use Permit application has been filed in conjunction with Development Agreement 2005-009, which requires approval by the City Council, thereby requiring approval of the Village Use Permit by said City Council as stipulated under Section 9.200.030.2, LQMC; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation for approval of said Village Use Permit: 1. The proposed Village Use Permit 2005-032 is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan land use designation of Village Commercial and other current City standards when considering the conditions to be imposed. i - Planning Commission Resolution 2006- Village Use Permit 2005-032 Nispero Properties, Inc January 10, 2006 2. The proposed Village Use Permit 2005-027 is consistent with the requirements and/or intent of the La Quinta Zoning Code, as the project contemplates land uses that are substantially equivalent to those permitted under existing zoning of permitted uses, and which were previously addressed in the EIR certified for the General Plan. Specifically, development of existing Village Commercial land is considered to implement zoning consistency with the General Plan. Parking as provided, and secured through the associated Development Agreement for this project, is consistent with parking reduction allowances authorized in Section 9.150.050.D of the Municipal Zoning Code. 3. The proposed Village Use Permit 2005-032 complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), as it has been determined that said Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development), and that a Notice of Exemption will be filed. 4. Approval of the proposed Village Use Permit 2005-032 will not create conditions materially detrimental to the public health, safety and general welfare, nor injurious to or incompatible with, other properties or land uses in the vicinity. All immediately surrounding property is zoned for Village Commercial Development, and existing vacant properties to the north, south and west are similarly zoned for Village Commercial uses. Property to the east is developed with the City Library and Senior Center facilities. Development of office and retail uses proximate to residential uses in the area will not significantly impact the quality of life for area residents. The project uses will provide services to area residents within walking distance, and will augment existing City services at the Civic Center Campus area. Any credit for parking exercised should the applicant provide any parking on Main Street will achieve the intent of providing additional parking in the immediate area within the Village at La Quinta. 5. The architectural design aspects of the proposed Village Use Permit 2005- 032, including but not limited to, architectural style, scale, building mass, materials, colors, architectural detailing, roof style and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, past approved Village area projects, and with the overall design quality prevalent in the City, with the incorporation of the recommended conditions of approval. PAReports - PC\2006\1-10-06\VUP 032\peresovup032.rtf Planning Commission Resolution 2006- Village Use Permit 2005-032 Nispero Properties, Inc January 10, 2006 6. The site design aspects of the proposed Village Use Permit 2005-032, including but not limited to, project entries, parking provisions, interior circulation, pedestrian access and amenities, screening and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality prevalent in the City, with the conditions to be incorporated. 7. The project landscaping for the proposed Village Use Permit 2005-032, including but not limited to, location, size, type and coverage of plant materials, has been reviewed to insure it is designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and is consistent with the concepts in the Village at La Quinta Design Guidelines, with the conditions to be incorporated. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the La Quinta City Council, approval of Village Use Permit 2005-032 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 10`h day of January, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California L - P:\Reports - PC\2006\1-10-06\VUP 032\peresovup032.rtf Planning Commission Resolution 2006- Village Use Permit 2005-032 Nispero Properties, Inc January 10, 2006 ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PAReports - PC\2006\1-10-06\VUP 032\peresovup032.rtf PLANNING COMMISSION RESOLUTION 2006- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2005-032 NISPERO PROPERTIES, INC. JANUARY 10, 2006 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-032 (VUP 2005-032) 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, these conditions shall take precedence. In the event the Development Agreement referenced in Condition #55 is not entered into, this Village Use Permit approval is null and void. 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. 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. 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 • La Quinta Public Works Department (Grading/ Improvement/Encroachment Permits) • 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 PAReports - PC\2006\1-10-06\VUP 032\coapcvup032.rtf Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 5. 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. 6. 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 2005-032. 7. 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. 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. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenida La Fonda (Local Street, 60' ROW) — The standard 35 feet from the centerline of Avenida La Fonda for a total 60-foot ultimate developed right of way. coapcvup032 i Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas shown on the Village Use Permit. 12. Direct vehicular access from any portion of the site with frontage along Avenida La Fonda and Main Street is restricted, except for those access points identified on the approved site plan, or as otherwise conditioned in these conditions of approval. 13. 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. 14. 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, unless such easements are approved by the City Engineer. 15. Upon approval of this Village Use Permit, the applicant shall begin right-of- way vacation of the existing remnant public right-of-way at the corner of Avenida La Fonda and Main Street (Avenida Buena Ventura). 16. Applicant shall process a parcel merger, in order to incorporate Lots 68 and 77 into one parcel. The merger shall have been recorded prior to issuance of a permit for the main building. 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, coapcvup032 Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 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 1 " = 30' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D.On-Site Precise Grading Plans (Commercial Development) 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets, including ADA accessibility route to surrounding buildings, parking facilities and public streets. 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. caapcvup032 Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 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 GRADING 21. 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. 22. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise 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. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 23. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or provided with other erosion control measures as approved by the Public Works Departments under the Fugitive Dust Control Plan. 24. Prior to issuance of the main building permit, the applicant shall provide a lot pad certification, stamped and signed by qualified engineers or surveyor. DRAINAGE 25. Nuisance water shall be retained onsite and disposed of in a manner acceptable to the City Engineer. coapcvup032 Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 UTILITIES 26. 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. 27. 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. 28. Prior to issuance of any building permit, the applicant shall provide evidence to the Public Works Department, of vacation of the existing 10-foot PUE along the common lot line of lots 68 and 77, along with any relocated easement(s) as may be required. Any in -ground utilities shall be relocated to the satisfaction of the purveyor of record, and the City Engineer STREET AND TRAFFIC IMPROVEMENTS 29. 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. 30. No additional street improvements are required, except for: A. Avenida La Fonda 1) A five-foot wide sidewalk next to the curb along the property boundary with corner improvements and curb ramp per Standard 250 — Case A. B. Main Street 1) A five-foot wide sidewalk next to the curb along the property boundary. PARKING LOTS AND ACCESS POINTS 31. The applicant shall conform to LQMC Chapter 9.150, relating to drive isle width, parking stall dimensions, and parking stall marking design coapcvup032 y Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 requirements. Parking space markings shall be double four inch wide hairpin stripes as specified in LQMC Chapter 9.150. Exceptions to parking lot development standards shall be as shown on the plans and as set forth in these Conditions, which shall take precedence. 32. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas 3.0" a.c./4.0" c.a.b. 33. 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. 34. General access points and turning movements of traffic are limited to the proposed access driveways on Main Street and Avenida La Fonda. All turn movements are permitted. 35. The entry driveway throat and parking aisle shall be permitted to be constructed as designed on the approved plans, at the depths as shown and 26 feet in width rather than the required 28 feet, as permitted under Section 9.65.030.A.3.a, in order to retain the parking space count of 49 on -site spaces. Use of wheel stops is not permitted. 36. A total space count of 49 parking stalls, including handicapped parking spaces, shall be provided. A minimum of 16 spaces shall be maintained as covered parking, to be designed and located as required under Section 9.150.080.B.5, LQMC. 37. Design and final location of the two trash enclosures shall be reviewed and approved by Waste Management., with the written and/or stamped plan approval to be submitted during the building plan check process. No permits for these facilities shall be issued without said approval. coapcvup032 Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 38. A minimum four -foot high screen wall shall be provided at the west property line. The wall design shall be consistent with the materials and colors used on the main structure, subject to review and approval by Community Development This shall be shown on the civil and landscape plans as submitted for plan check. LANDSCAPING 39. On -site landscape, landscape lighting and irrigation plans shall be submitted for approval by the Community Development Department. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for final acceptance by the Community Development Department. 40. The Silk trees located along the west property line shall be replaced with a non -deciduous (evergreen) variety, to be approved as part of the landscape plan check process. 41. 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. QUALITY ASSURANCE 42. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 43. 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. 44. 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. coapcvup032 Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 45. 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. FEES AND DEPOSITS 46. 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. 47. 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. 48. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. 49. Prior to the issuance of any building permit for the Site, the applicant shall pay the up -front parking fees, in the manner and amount as specified in the Development Agreement for Village Use Permit 2005-032. FIRE PROTECTION 50. Specific fire protection requirements will be determined when final building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 51. The applicant shall submit a detailed project area lighting plan. Parking lot lighting is required, and shall meet the criteria set forth in Section 9.150.080.K, LQMC. All pole -mounted light standards shall conform to lighting standards as in effect when plans are reviewed. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. coapcvup032 Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 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. 52. A comprehensive sign program shall be submitted for review and approval by the Planning Commission prior to establishment of any individual tenant signs for the project. Provisions of the sign program shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be permitted to be placed on any portion of the roof projections or balcony railings along Main Street, and the west elevation. 53. 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. 54. The building plans submitted for plan check shall incorporate the following revisions: A. The west elevation for the coffee shop portion of the building shall be modified to lower the stone veneer work, and add arched detailing and/or window treatments, compatible with the main building. B. Wrought iron railings used on the project shall reflect more of a hand- crafted detailing, similar to the photo exhibit examples in the approved plan set, as opposed to the standard appearance of railings as represented in the architectural renderings and elevations. C. The proposed sign monument shall be reviewed as part of the sign program, as required by Condition 50. The monument shall be similar in design to the photo exhibit example of the fountain, contained in the approved plan exhibits. 55. It is understood by the Applicant that Nispero Properties, Inc, by payment of a deposit in the amount of $5,000 on 12/21/05, has entered into an Agreement with the City relating to preparation and possible approval of a Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of Village Use Permit 2005-032.This Village Use Permit shall not be effective unless and until the Development Agreement has been approved by the City Council and recorded; the applicant coapcvup032 a. Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 January 10, 2006 further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2005-032 shall be in effect with respect to expiration, as stated under Condition #2. 56. The permitted office and coffee bar uses shall be limited to those of a general intensity, consistent with the parking ratios of 1 space per 250 s.f. of office and 1 space per 150 s.f. of retail food with ancillary seating. This precludes use of any office space as a medical office use, and retail food with ancillary seating space for sit-down restaurant use, unless shared parking or tenant space reductions are determined to maintain the approved parking ratios for this building, or the Development Agreement is amended to allow payment of per -space fees to increase any use intensity for the project. coapcvup032 PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY, AND NISPERO PROPERTIES, INC, FOR A t 19,433 SQUARE FOOT COMMERCIAL OFFICE BUILDING, INCLUSIVE OF A 935 SQUARE FOOT COFFEE BAR CASE NO: DEVELOPMENT AGREEMENT 2005-009 APPLICANT: NISPERO PROPERTIES, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10" day of January, 2006, hold a duly -noticed Public Hearing to consider Development Agreement 2005-009, for the establishment of parking management restrictions as part of a t 19,433 square -foot commercial office building, inclusive of a 935 square -foot coffee bar use, in conjunction with Village Use Permit 2005-032, located at the northwest corner of Main Street and Avenida La Fonda, more particularly described as: LOTS 68 & 77, MB 021/060, DESERT CLUB TRACT UNIT #4 WHEREAS, this Development Agreement has been filed in conjunction with Village Use Permit 2005-032, being the development permit application for the project as contemplated; and, WHEREAS, said Development Agreement application 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 Community Development Department has determined that the proposed Development Agreement, being a component of the entire project as contemplated under Village Use Permit 2005-032, is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval for said Development Agreement: 1. The proposed Development Agreement is consistent with the La Quinta General Plan and Municipal Code, based on the development application for Village Use Permit 2005-032. Village Use Permit 2005-032, to be ti Planning Commission Resolution 2006- Development Agreement 2005-009 Nispero Properties, Inc. January 10, 2006 implemented in conjunction with Development Agreement 2005-009, will not be developed in any manner inconsistent with the General Plan land use designation of Village Commercial and other current City standards when considering the conditions as imposed, and the requirements of the Development Agreement. 2. The proposed Development Agreement is compatible with the uses and regulations as stipulated for the Village Commercial land use and zoning districts, as it ensures that parking improvements will be installed, maintained, and operated in a manner consistent with alternative parking solutions as permitted under the Village Commercial zoning district. Any credit for on -street parking spaces, which may be provided on Main Street by the applicant, will achieve the intent to provide additional public parking in the Village at La Quinta. 3. The proposed Development Agreement is in conformity with the public necessity, convenience, general welfare and good land use practice, in that the Development Agreement will allow development of office and limited retail uses proximate to residential and municipal service uses in the area. The Development Agreement sets forth operational standards which will make the on -site parking available to the general public when not in use, and requires the payment of fees to the City for 19 deficient parking stalls, which will be used ultimately to provide general public parking in the Village. The Development Agreement contains a provision that would allow a one -for -one credit to be applied to the 19 deficient spaces (up to ten spaces), for any on - street parking stalls that the applicant may be able to construct along Main Street, provided approval for such street improvements can be obtained by said applicant. 4. The proposed Development Agreement will not be detrimental to the public health, safety and general welfare. All immediately surrounding property is zoned for Village Commercial development, and existing vacant properties to the north, south and west are similarly zoned for Village Commercial uses. Property to the east is developed with the City Library and Senior Center facilities. Development of office and retail uses proximate to residential uses in the surrounding area will not significantly impact quality of life for area residents. The project uses will provide services to area residents within walking distance, and will augment existing City services at the Civic Center Campus area. Any credit for parking exercised, should the applicant provide Main Street parking, will achieve the intent of providing additional parking in the immediate area within the Village at La Quinta. P:\Reports - PC\2006\1-10-06\VUP 032\peresoDA009.nf Planning Commission Resolution 2006- Development Agreement 2005-009 Nispero Properties, Inc. January 10, 2006 5. The proposed Development Agreement will not affect the orderly development of property or the preservation of property values. Development of the subject site, pursuant to Village Use Permit 2005-032 and this Development Agreement, will enhance property values and stimulate further growth as planned for in the Village at La Quinta, as well as other surrounding area properties. 6. The proposed Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues for parking development programs in the Village at La Quinta, as well as promote sales tax revenues from future tenants of the approved project, and future projects, in the Village at La Quinta. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of Development Agreement 2005-008 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 10" day of January, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California c'. P:\Reports - PC\2006\1-10-06\VUP 032\peresoDA009.rtf Planning Commission Resolution 2006- Development Agreement 2005-009 Nispero Properties, Inc. January 10, 2006 ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PAReports - PC\2006\7-10-06\VUP 032\peresODA009.rtf ATTACHMENT 1 TTACHMENT 2 I SITE PLAN I ■I s ATTACHMENT 4 Architecture and Landscaping Review Committee December 7, 2005 B. Village Use Permit 2005-032; a request of Nispero Properties for consideration of architectural and landscaping plans for a 19,433 gross square foot two-story office building with coffee house for the property located at the northwest corner of Avenida La Fonda and Main Street in the Village at La Quinta. 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 Steve Nieto, representing the applicant. 8. Committee Member Smith asked if the coffee bar was public or private. Mr. Nieto stated it would be public. Committee Member Smith stated his concern about the parking. Staff noted this will be addressed in a Development Agreement between the applicant and the City. Committee Member Smith asked the land use designation to the property to the north. Staff stated it is all Village Commercial uses and staff will probably require a screen wall. Committee Member Smith asked that the trees be changed to an evergreen variety along the west elevation. 9. Committee Member Christopher asked if the applicant intended to use the details noted in the samples submitted. Mr. Nieto stated it is a flavor they are trying to capture. Committee Member Christopher asked about using a hip roof for the front building and discussion followed regarding the effect of changing to the hip roof. It was determined to drop the stone work and add some of the archway features to add some detail. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Smith to adopt Minute Motion 2005-036 recommending approval of Village Use Permit 2005-032, as recommended and as follows: a. Lower the stone work on the coffee house and add some arch elements. b. Change the trees on the west elevation to an evergreen variety. C. A screen wall shall be added to the west property line. d. Wrought iron railing shall be more in keeping with the hand crafted detailing in the pictured examples submitted. e. The sign monument shall be more in keeping with the fountain with the camel backing and scalloping. - .. J GAWPDOCSWLRC112-7-05 ALRC.doc ATTACHMENT,' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above this Line Tor Kecoraer-s use (Exempt from Recording Fee per Gov't Code § 6103 ) DEVELOPMENT AGREEMENT BY AND AMONG III10 CITY OF LA QUINTA ("CITY") 11[10 LA QUINTA REDEVELOPMENT AGENCY ("AGENCY") AND NISPERO PROPERTIES, INC. A CALIFORNIA CORPORATION ("DEVELOPER") 2156015610-0002 66996901 a01 06,06 TABLE OF CONTENTS Page 1.0 GENERAL ........................................................................................................................3 1.1 Term......................................................................................................................3 1.2 Effective Date.......................................................................................................3 1.3 Amendment or Cancellation.................................................................................3 1.4 Termination...........................................................................................................3 1.5 Incorporation of Recitals.......................................................................................3 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT...........................................................................4 2.1 Right to Develop...................................................................................................4 2.2 Additional Applicable Codes and Regulations.....................................................5 2.3 Permitted Density, Height and Use Limitations...................................................5 2.4 Credit of Parking Stalls in the Agency Parking Lots............................................5 2.4.1 Agency Consent........................................................................................5 3.0 DEVELOPER'S OBLIGATIONS....................................................................................6 3.1 Conditions of Approval.........................................................................................6 3.2 Restriction on the Site...........................................................................................6 3.3 No Parking on Public Library or Senior Center Areas.........................................6 3.4 Payments to City by Developer............................................................................ 6 3.4.1 General......................................................................................................6 3.4.2 Developer's Payments of Up -Front Parking Fees .................................... 7 3.4.3 City Parking Fee Study; Effect on Payment of Up -Front Parking Fees........................................................................................................... 7 3.4.4 Other Fees and Charges............................................................................7 3.5 Dedications and Improvements.............................................................................7 3.6 Public Use of Site's Parking Stalls.......................................................................8 3.7 Indemnification..................................................................................................... 8 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS................................................8 4.1 Scope of Subsequent Review/Confirmation of Compliance Process...................8 4.2 Project Approvals Independent.............................................................................9 4.3 Review for Compliance........................................................................................9 4.4 Satisfaction of VUP Condition.............................................................................9 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION....................................................10 5.1 Notice of Default.................................................................................................10 5.2 Cure of Default...................................................................................................10 5.3 City Remedies.....................................................................................................10 5.4 Developer's Exclusive Remedies.......................................................................10 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE ................................. I 6.1 Encumbrances on the Project Site....................................................................... I 6.2 Mortgage Protection............................................................................................ I 2I WO 15610-0002 _ 66996% 01 a01 06 06 -1 V 6.3 Mortgagee Not Obligated..................................................................................i,� 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure ............................11 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.........................................12 7.1 Successors and Assigns.......................................................................................12 8.0 MISCELLANEOUS .......................................................................................................12 8.1 Notices................................................................................................................12 8.2 Force Majeure.....................................................................................................13 8.3 Binding Effect.....................................................................................................13 8.4 Independent Entity..............................................................................................14 8.5 Agreement Not to Benefit Third Parties.............................................................14 8.6 Covenants............................................................................................................14 8.7 Nonliability of City/Agency Officers and Employees........................................14 8.8 Covenant Against Discrimination.......................................................................14 8.9 Amendment of Agreement..................................................................................14 8.10 No Waiver...........................................................................................................15 8.11 Severability.........................................................................................................15 8.12 Cooperation in Carrying Out Agreement............................................................15 8.13 Estoppel Certificate.............................................................................................15 8.14 Construction........................................................................................................15 8.15 Recordation.........................................................................................................16 8.16 Captions and References.....................................................................................16 8.17 Time....................................................................................................................16 8.18 Recitals & Exhibits Incorporated; Entire Agreement.........................................16 8.19 Exhibits...............................................................................................................16 8.20 Counterpart Signature Pages...............................................................................16 8.21 Authority to Execute...........................................................................................17 8.22 Governing Law; Litigation Matters....................................................................17 8.23 No Brokers..........................................................................................................17 215W015610-0002 _ 669968 01 a01 06 06 -�� DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2006 ("Reference Date"), by and among the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and, collectively with the City, the "City Entities") and NISPERO PROPERTIES, INC., a California corporation (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 (the "Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns the 0.72 acre parcel of real property ("Site") located at the northwest corner of Avenida La Fonda and Main Street, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Agreement. D. Prior to the execution of this Agreement, the City approved Village Use Permit No. 2005-032 (the "VUP"), subject to conditions of approval. The VUP provides planning and development criteria for a proposed project on the Site (the "Project"). The Project will consist of the development of the Site with a proposed 19,433 gross square foot structure intended for general uses, including 935 square feet of space for a coffee bar; the first floor will contain approximately 9,470 square feet of gross floor area as office and coffee bar uses and the second floor will contain 9,963 square feet of gross floor area as general office uses. A 49-space parking lot will occupy the remainder of the Site. The building will be generally situated on the north portion of the Site, with the front of the building facing Avenida La Fonda. The VUP is known as the "Development Plan". E. The City's Municipal Code requires that a total of 68 parking stalls be provided to service the Project. The Site is situated such that only 49 of the 68 required parking stalls are available for the Project. The Project requires an additional 19 parking stalls. To fulfill the remaining parking requirements for the Project, the VUP was conditioned on the Developer entering a development agreement with the City Entities to require the Developer to pay a parking fee in exchange for the City crediting 19 parking stalls in the Agency -owned parking lot (which lots is located at the northwest corner of Avenida Bermudas and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California) which parking lot is legally described in Exhibit "B" attached hereto (the "Agency Parking Lots") towards fulfilling the Project's parking obligation of providing 68 parking stalls. The Agency Parking Lot is located in close proximity to the Site and is within close walking distance of the Site. The conditions of the 2156 01561 M002 _ 669968 01 a01'06106 _ 1 VUP further permit the Developer a one -for -one credit for up to a maximum of ten (10) street parking spaces created on Main Street, pursuant to the City Public Works Department's and Community Development Director's approval of street improvement plan conforming to City Municipal Code requirements. In the event that street parking is created pursuant to an approved street improvement plan, then the number of stalls credited from the Agency Parking Lots will be reduced on a one -for -one basis (i.e., the 19 stalls credited will be reduced on a one -for -one basis against street parking spaces created) and the fee will be reduced to account for the credited street parking spaces. In the event that street parking spaces are provided then the parties shall execute and record the Memorandum of Development Agreement Off -Site Parking Space and Fee Reduction attached hereto as Exhibit H. The parties to this Agreement agree and acknowledge that the Agency is entering this Agreement for the sole and exclusive purposes of providing its consent, as provided in Section 2.4.1, to the crediting of 19 parking stalls on the Agency Parking Lots towards the Project's parking and for no other purpose. Without limiting the City's use of these fees, it is intended that the fees paid by the Developer shall be used to add or provide additional parking in the future. F. The Development Plan also requires, in addition to the fee described above, and as consideration for the City crediting 19 parking stalls in the Agency Parking Lots towards the Project's parking obligation, that the City and Developer enter an agreement providing that the parking stalls located on the Site shall be available for use by the general public during hours when the on -Site businesses are closed. G. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties desire to enter into a binding agreement for purposes of (i) setting forth a per -parking stall up- front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 19 parking stalls located in the Agency Parking Lot towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan, including the goals and objectives thereof. H. All actions taken by City and Agency have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public 2156,015610-0002 66996801 a01'06106 -2 Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. 1. On , the City Council adopted its Ordinance No. approving this Agreement. On the Agency adopted Resolution No. approving this Agreement for the sole and exclusive purpose of consenting to the crediting of 19 parking stalls located on the Agency Parking Lots towards fulfilling the Project's parking obligations. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for ten (10) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 1.5 Incorporation of Recitals. The recitals are hereby incorporated into this Agreement. 2156,015610-0002 _ 669968 01 a01 06/06 -3 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit "C" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; or (b) an uncured material default by Developer of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.4; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract or parcel maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2156,U 15610-0002 66996901 a01 06,06 -4 �' 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2.3 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.4 Credit of Parking Stalls in the Agency Parking Lots. In exchange for the full performance of the Developer's Obligations described in Section 3, the City shall credit the Developer with 19 parking stalls in the Agency Parking Lots, which stalls shall be counted towards fulfilling the Project's parking obligations, subject to the reduction described below in Section 2.4.2 for street parking spaces created pursuant to an approved street improvement plan. This Agreement does not operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right to use parking stalls in the Agency Parking Lots. Developer shall have the same right to use parking spaces on the public street and in the Agency Parking Lots as members of the general public; provided, however, that Developer shall enforce a policy that encourages Project employees to park their automobiles at the Agency Parking Lots. 2.4.1 Agency Consent. Subject to the obligations of Developer as provided in this Agreement, Agency hereby consents to crediting 19 parking stalls in the Agency Parking Lots towards fulfilling the Project's parking obligations. 2.4.2 Reduction of Credited Parking Spaces. It is contemplated that the Developer's Site design may include the provision of street parking spaces pursuant to an 2156015610-0002 669968 01 a01'06,06 -5 approved street improvement plan. In the event that street parking spaces are designed pursuant to a street improvement plan approved by the City Public Works Department and Community Development Director then Developer shall receive a one -for -one credit for up to a maximum of ten (10) street parking spaces created. The number of stalls credited from the Agency Parking Lots will be reduced on a one -for -one basis (i.e., the 19 stalls credited will be reduced on a one -for -one basis against street parking spaces created) and the fee will be reduced to account for the credited street parking spaces. In the event that street parking spaces are provided pursuant to this Section 2.4.2 then the parties shall execute and record the Memorandum of Development Agreement Off -Site Parking Space and Fee Reduction attached hereto as Exhibit H. 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" as well as all other conditions of approval that have been or may be imposed. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "C" may be applicable to the Project if and as associated with future Project approvals. 3.2 Restriction on the Site. Prior to, and as a condition precedent of, the City's issuance of any building permit for the Project, and immediately following payment of the fees detailed in Section 3.3.2, the Developer shall submit to the City, obtain approval thereof, and record a deed restriction (the "Restriction") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) require the Developer's payment of the fees as described in Section 3.3, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit 19 parking stalls in the Agency Parking Lots; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site businesses are closed. The Restriction shall be in a form and substance substantially similar to that of the Restriction attached hereto as Exhibit "D". 3.3 No Parking on Public Library or Senior Center Areas. Developer agrees that it will not permit any of its employees, agents, representatives, invitees, licensees, lessees, or employees or patrons of its lessees to park in the parking areas of the La Quinta Public Library or the La Quinta Senior Center as depicted on Exhibit "G" attached hereto. Developer shall take all necessary actions to ensure compliance with this condition. Developer's breach of this Section 3.3 shall be a default under this Agreement. 3.4 Payments to City by Developer. 3.4.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.4. The payments under this Section 3.4 are not the exclusive development impact fees for the Project, and nothing in this Section 3.4 shall be construed as a 2156,015610-0002 G_ _ 669968 01 a01'06,D6 -6 ` I limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.4.2 Developer's Payments of Up -Front Parking Fees. Prior to, and as a condition precedent of, the issuance of any building permit for the Site, Developer shall pay or cause to be paid to the City the sum of $12,000.00 per parking space for each of the 19 parking stalls in the Agency Parking Lots being credited towards fulfilling the Project's parking obligations. The total amount of fees due under this provision prior to the issuance of any building permit for the Site shall be $228,000. This fee shall be paid in one lump sum without deduction or offset. However, if street parking spaces are provided in accordance with Section 2.4.2 above, then the fee paid pursuant to this section shall be reduced for each street parking space provided (up to a maximum of 10 spaces). 3.4.3 City Parking Fee Study; Effect on Payment of Up -Front Parking Fees. Independent of Developer's obligations under this Section 3.3.2, the City may choose to prepare a parking study to determine the per -parking stall parking fee to be applied to development in the La Quinta Village area. If the City approves a parking fee within one year of the Reference Date and the fee calculated pursuant to this parking study and approved by the City Council is less than $12,000 per parking stall, then the City shall, within a reasonable time after the adoption of the fee by the City Council, reimburse to Developer that portion of the per space fee that exceeds $12,000. If the fee calculated pursuant to the parking study and approved by the City Council is greater than $12,000 per parking stall, the Developer shall have no obligation under this Development Agreement to pay the increased amount. If the City chooses not to adopt a per -parking stall parking fee for the La Quinta Village area, the Developer shall have no right to seek a refund of the payment described in this Section 3.3.2. The City's obligation under this section to reimburse the Developer shall terminate within one year of the Reference Date. 3.4.4 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.5 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Development Plan and Conditions of Approval. 2156015610-0002 _ 669968,01 a01 (W06 -� 3.6 Public Use of Site's Parking Stalls. Once constructed, the parking stalls located on the Site shall be available to the general public for use at all times that on -Site businesses are closed. Developer shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Developer shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 3.7 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and Agency and their respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's or the Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to the City Entities' implementation of their rights under this Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at no cost to the City Entities, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. 2156,015610-0002 _ 669968 01 a0V06 06 -� Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of VUP Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of condition 44 of the conditions of approval for the VUP approved by the City which relate to Developer's obligation to enter into a development agreement for the payment of parking fees and fulfillment of parking obligations. 2156'015610-0002 _ 669968 01 a01, 06/06 �� Li 5.0 DEFAULT,• REMEDIES, DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. Without limiting the scope of what is considered "material," the parties agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be a material default. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terns of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City Entities would not have entered into this Agreement if they were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City Entities for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this 2156'015610-0002 -1 O- 669969 01 a01 �06/06 Agreement by the City Entities or arising out of or connected with any dispute, controversy, or issue between Developer and the City Entities regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION, CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee,• Right of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall 2156 0156I0-0002 -11- 669966 01 a01 06,06 continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the tern of this Agreement; provided, however, that any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terns of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director 2156,015610-0002 -12- 66996901 a01,06/06 To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Stephen Nieto Nispero Properties, Inc. P.O. Box 1144 La Quinta, CA 92253 Telephone: 760.564.4707 Facsimile: 760.564.4955 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. The City and the Developer may also extend times of performance under this Agreement in writing. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 BindingEffect. ffect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to 2156 015610-0002 66996801 a01'06/06 -13 this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer, the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City/Agency Officers and Employees. No official, officer, employee, agent or representative of the City or Agency, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City or Agency. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. 2156,015610-0002 -14- 669968 01 a0}'06'06 �� 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 2156,015610-0002 —1 �_ 66996801 a01 0606 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 motions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "G" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Legal Description of Agency Parking Lots C Conditions of Approval D Restriction E Compliance Certificate F General Assignment and Assumption Agreement G Depiction of Library and Senior Center Parking Lots H Memorandum of Development Agreement Off -Site Parking Space and Fee Reduction 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 2156015610-OUO2 66996N 01 a01'U6; 06 -16- ty 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City Entities shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. 2156 015610-0002 66996901 Of 0606 -1 /^I - "DEVELOPER" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: [Signatures continue on next page.] 2156,015610-0002 669968,01 a01'06,06�- "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city M ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas P. Genovese City Manager "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Thomas P. Genovese Executive Director ATTEST: June Greek Agency Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel 2156o156104)002 !1 66996X 01 a01 06/06 -19- - V STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156)015610-0002 669968 01 a01.06'06 -20- EXHIBIT "A" LEGAL DESCRIPTION OF SITE LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. r ?156/015610-0W2 \ 669968 01 801 06,06 EXHIBIT "B" LEGAL DESCRIPTION OF AGENCY PARKING LOTS That certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: LOTS 7, 8, 9, 10, 11, 12, 13, 14 AND 15 IN BLOCK 122 OF SANTA CARMELITA AT VALE LA QUINTA UNIT NUMBER 14, AS SHOWN BY MAP ON FILE IN BOOK 18 PAGES 82 AND 83 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 2156015610-0002 60968 01 a01 06/06 EXHIBIT "C" CONDITIONS OF APPROVAL [To Be Inserted By City Stafff 2156,015610-0002 669968 01 a01'06 06 T L EXHIBIT "D" Restriction I] 5610I5610-0002 �. f 664968 OI a01'06,06 L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103 ) DEED RESTRICTION FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NISPERO PROPERTIES, INC., a California corporation ("Declarant"), hereby covenants and declares for the benefit of the City of La Quinta, a California municipal corporation and charter city (the "City"), the following covenants, conditions, reservations and restrictions, which shall run with the real property described herein and shall be binding on Declarant and City and their successors and assigns, and all other persons or entities acquiring any interest in the real property described herein, and shall remain in full force and effect from the date of recordation of this Deed Restriction unless terminated or modified as hereinafter provided. 1. Purpose: Declarant owns the 0.72 acre parcel of real property ("Site") located in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Deed Restriction. In connection with the Site, the City approved Village Use Permit No. 2005-032 (the "VUP"), subject to conditions of approval, which provides planning and development criteria for a project commonly known as Calle Estado (the "Project"). The La Quinta Municipal Code requires the provision of 68 parking stalls to service the Project. On 2006 the Declarant, City and the La Quinta Redevelopment Agency entered that certain Development Agreement (the "Development Agreement") for the purposes of (i) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of _ parking stalls located in the Agency Parking Lots and _ street parking spaces pursuant to the approved street improvement plan towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in - interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. In accordance with Section 3.2 of the Development Agreement, Developer is required to record this Deed Restriction against the Site to (i) require the Developer's payment of the fees as described in Section 3.3 of the Development Agreement, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of _ parking stalls in the Agency Parking Lots and _ street parking spaces pursuant to the approved street improvement plan; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site businesses are closed. The Development Agreement further prohibits the Declarant or 2156 015610-0 W2 669968 01 a01'06'06 ' 1- any person using the Site from using the La Quinta Library or La Quinta Senior Center parking areas as parking for the Project. 2. Acknowledgement of Payment and Credit of Parking Stalls Located on the Agency Parking Lot. In connection with the Project, the City has credited the Declarant with _ parking stalls in the Agency Parking Lots, and these stalls are counted towards fulfilling the Project's parking obligations to provide 68 parking stalls for the Project. In connection with this credit, Declarant has paid the City a parking fee in the amount of $12,000 for each parking stall in the Agency Parking Lots credited towards the Project's parking obligation. This Deed Restriction does not operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right to use parking spots on public streets or parking stalls in the Agency Parking Lots. Declarant shall have the same right to use parking spots on public streets and parking spaces in the Agency Parking Lots as members of the general public; provided, however, that Declarant shall enforce a policy that encourages Project employees to park their automobiles at the Agency Parking Lots. 3. Use of Site Parking Lot by General Public. The parking stalls located on the Site shall be available to the general public for use at all times that on -Site businesses are closed. Declarant shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Declarant shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and defend, the City and La Quinta Redevelopment Agency ("Agency") and their respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's or the Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to the City Entities' implementation of its rights under this Agreement; the Declarant shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs above, Declarant shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in 2156 015610-0002 66996801 a01'06,06 -2- defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Declarant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at no cost to the City Entities, cooperate with the Declarant in any such defense as Declarant may reasonably request. 5. Run with the Land; Binding on Successors and Assigns. The covenants, conditions, reservations and restrictions herein shall run with the Site and shall be binding upon Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of the Site, and shall benefit the City and be enforceable by the City and its successors and assigns. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein whether or not any reference to this Deed Restriction is contained in the instrument by which such person or entity acquired an interest in the Site. 6. Term; Amendment and Termination. The covenants, conditions, reservations and restrictions may be validly terminated, amended or modified, in whole or in part, only by recordation with the Riverside County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the Site that is directly affected by such termination, amendment or modification. 7. Recording. This Deed Restriction shall be recorded on the Site described in Exhibit "A" in the Office of the County Recorder, Riverside County, California. 8. Authority of Signatories to Bind Principals. The persons executing this Deed Restriction on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Deed Restriction and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 9. 7. Counterparts. This Deed Restriction may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [Signatures on next page.] 2156'015610-0002 669968 01 a01106.'06 -3- IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of the date set forth above. "DEVELOPER" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: Thomas P. Genovese City Manager ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 2156 015610-0002 669968 01 a01 06 06 -4- STATE OF CALIFORNIA ) ) ss COUNTY OF 1 On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [ SEAL] STATE OF CALIFORNIA ) ss COUNTY OF l On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156,'015610-0002 669968 01 a011W06 -5- EXHIBIT "A" LEGAL. DESCRIPTION OF SITE LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2156,015610-OW2 66996801 a01'06'06 EXHIBIT "E" COMPLIANCE CERTIFICATE n 2156015610-000 669969 01 a01 06 06 COMPLIANCE CERTIFICATE (NISPERO PROPERTIES, INC. DEVELOPMENT AGREEMENT) The undersigned, NISPERO PROPERTIES, INC., a California corporation ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated , 2006, (the "Development Agreement"), by and among Developer, the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City") and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), by its signature below hereby certifies to the City, for the City's reliance that: I. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the Restriction required by Section 3.2 of the Development Agreement has been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: _2156015610-0002 66996801 a01,06.06 _1_ SCHEDULEI CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.[ 2156015610-0002 Z6996901 a01'06.06 -2- EXHIBIT "F" GENERAL, ASSIGNMENT AND ASSUMPTION AGREEMENT 21565115610-0002 66996A 01 a01 06. 06 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between NISPERO PROPERTIES, INC., a California corporation (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the developer of 0.72 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," the City of La Quinta, a California municipal corporation ("City") and the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency"), have entered into that certain Development Agreement dated , 2006 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of _ parking stalls located in the Agency Parking Lots and street parking spaces created pursuant to the approved street improvement plan towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]. E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development 2156r015610.0002 66996N 01 a01416N6 -1 - Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and cant' out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 2156 015610-0002 669968 01 80 V0606 -2- IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 2156,01561O-IHN)2 669968 01 a01'W06 -3- STATE OF CALIFORNIA ) ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156-UISfi 10-0002 66996N 01 a01 06 06 -4- EXHIBIT "A" LEGAL DESCRIPTION OF SITE LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2156/U15610-Ow2 fifi9968 01 901 06,06 EXHIBIT "G" DEPICTION OF LIBRARY AND SENIOR CENTER PARKING AREAS [To Be Inserted] 2156015610-00Q 66996h 01 z01 0W06 EXHIBIT KHff RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103 ) MEMORANDUM OF DEVELOPMENT AGREEMENT OFF SITE PARKING AND FEE REDUCTION THIS MEMORANDUM OF DEVELOPMENT AGREEMENT OFF SITE PARKING AND FEE REDUCTION ("Memorandum") is made and entered into as of ("Effective Date"), by and between NISPERO PROPERTIES, INC., a California corporation (the "Developer") and the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and, collectively with the City, the "City Entities"), with reference to the following Recitals. Recitals A. Developer is the developer of 0.72 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Developer and the City Entities, have entered into that certain Development Agreement dated , 2006 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 19 parking stalls located in the Agency Parking Lots towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. D. The Development Agreement provided that the Developer's Site design could include the provision of street parking spaces pursuant to an approved street improvement plan 2156 015610-0002 66996h 01 a01 06'06 -1- and that up to ten (10) street parking spaces would count on a one -for -one basis to reduce the number of Agency Parking Lots parking spaces credited and to reduce the fee paid to the City. E. The City has approved a street improvement plan that includes _ street parking spaces. Therefore, the parties now desire to record this Memorandum to evidence the one -for - one reduction in credited Agency Parking Lots parking stalls and to reduce the fee paid to the City accordingly. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Reduction of Agency Parking Lots Parking Stalls Credit. (__) parking spaces have been designed pursuant to a street improvement plan approved by the City Public Works Department and Community Development Director then Developer. These (__) spaces are hereby credited on a one -for -one basis to the Developer's parking obligation. The number of stalls credited from the Agency Parking Lots is hereby reduced on a one -for -one basis such that the Developer shall now be credited (__) parking stalls in the Agency Parking Lots towards its parking obligations. The Developer shall be credited ( ) Agency Parking Lots parking spaces. 2. Reduction of Parking Fees. The parking fee paid pursuant to Section 3.4 of the Development Agreement is hereby reduced to account for the credited street parking spaces. Pursuant to Section 3.4. 3. No Modification. Except as specifically provided herein, the Development Agreement is not amended, altered or modified and remains in full force and effect. 4. Successors and Assigns. This Memorandum shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 5. Governing Law. This Memorandum shall be governed by and construed in accordance with the laws of the State of California. 8. Counterparts. This Memorandum may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 2156,015610-0002 66996K 01 a01 06,06 -2- IN WITNESS WHEREOF, this Memorandum has been executed by the parties as of the date set forth above. "DEVELOPER" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: [Signatures continue on next page.] 2156015610-0002 669969 01 a01'06l06 -3- "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Thomas P. Genovese City Manager ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic M ATTEST: June Greek Agency Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel Thomas P. Genovese Executive Director 2 156 015610-0002 669968 01 a01 06'06 -4- � 1 � • STATE OF CALIFORNIA COUNTY OF On ss before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA COUNTY OF IM, Notary Public ss before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156'015610-0002 669968 01 a01 06 06 -5- r 0 EXHIBIT "A" LEGAI, DESCRIPTION OF SITE LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2156015610-0002 669969 01 a0106 06 ' 1-