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2006 04 11 PCT4ht 4 atP Q9&& 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 APRIL 11, 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 2006-017 Beginning Minute Motion 2006-008 CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Election of Chair and Vice Chair If. 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 March 14, 2006. GAWPDOCS\PC Minutes\1 AgendsW.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 ................ TENTATIVE PARCEL MAP 34416 AND VILLAGE USE PERMIT 2006-033 Applicant ......... David Chapman Investments, LLC Location .......... Northeast corner of Avenue 52 and Desert Club Drive Request ........... Consideration of the subdivision of 4± acres into two parcels to allow a 13,171 square foot two story office building with architectural renderings and landscaping Action ............. Resolution 2006- and Resolution 2006- B. Item ................ SITE DEVELOPMENT PERMIT 2005-856 Applicant ......... Quadrant, LLC Location .......... 841 ± feet west of Monroe Street along the south side of Avenue 58 Request ........... Consideration of three prototypical residential units, landscaping plans, and perimeter and interior walls for Tentative Tract Map 33717, a 17 lot single-family residential subdivision on 4.6 acres Action ............. Minute Motion 2006- C. Item ................ SITE DEVELOPMENT PERMIT 2006-854 Applicant ......... East of Madison, LLC (Madison Club) Location .......... Southeast corner of Avenue 52 and Meriwether Way within the Madison Club Request ........... Consideration of architectural and landscape plans for a Reception Center Action ............. Resolution 2006- G:\WPDOCS\PC Minutes\1 AgendaW.doc D. Item ................ ENVIRONMENTAL ASSESSMENT 2005-552, SPECIFIC PLAN 2005-076, TENTATIVE TRACT MAP 34038, AND VILLAGE USE PERMIT 2005-030 Applicant ......... Borrego Resort Holdings, Inc. Location .......... South side of Calle Tampico, Between Avenida Villa and Avenida Navarro Request ........... Consideration of 1) Adoption of a Mitigated Negative Declaration of environmental impact; 2) Design Guidelines for a 20-unit condominium project to provide for increased building heights up to 38.5 feet; 3) the subdivision of 1.23 acres into 20 airspace condominium units; and 4) to allow the construction of a 20-unit two and one-half story residential condominium building up to 38.5 feet in height with sublevel parking in the Village. Action ............. Resolution 2006-_, Resolution 2006-, Resolution 2006-, Resolution 2006- VI. BUSINESS ITEM: A. Item ................ DISCUSSION AND DETERMINATION ON WHETHER OR NOT CIGAR LOUNGES ARE A PERMITTED USE, PROHIBITED USE, OR CONDITIONAL USE IN THE NOW RESIDENTIAL ZONING DISTRICTS Applicant ......... City of La Quinta Location .......... City-wide Action ............. Provide staff with direction VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Consideration of final landscaping plans being reviewed by the Architecture and Landscape Review Committee. B. League of California Cities Planners Institute review C. Joint meeting with the City Council - agenda items/time frame D. Cancellation of April 25, 2006 Planning Commission meeting E. Review of City Council meeting of March 21, 2006. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on May 9, 2006, at 7:00 p.m. S:\Website Updates\Community Development\PC Agenda 4-11.doc 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, April 11, 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, April 7, 2006. DATED: April 7, 2006 4B�"J AWYER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, 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 PH #A STAFF REPORT PLANNING COMMISSION DATE: APRIL 11, 2006 CASE NO: TENTATIVE PARCEL MAP 34416 & VILLAGE USE PERMIT 2006-033 APPLICANT: DAVID CHAPMAN INVESTMENTS, LLC PROPERTY OWNER: DAVID CHAPMAN INVESTMENTS, LLC REQUESTS: 1) CONSIDERATION OF THE SUBDIVISION OF ONE PARCEL INTO TWO PARCELS 2) CONSIDERATION OF A VILLAGE USE PERMIT TO ALLOW THE CONSTRUCTION OF A 13,171 SF TWO- STORY OFFICE BUILDING AND LANDSCAPING ENGINEER: ESSI SHAHANDEH, KELLEHER MAPPING ARCHITECT: PREST VUKSIC ARCHITECTS LANDSCAPE ARCHITECT: RGA LANDSCAPE ARCHITECTS LOCATION: NORTHEAST CORNER OF AVENUE 52 & DESERT CLUB DRIVE ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THESE PROJECTS ARE EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) SURROUNDING LAND USES: NORTH - VC/ VACANT AND RL/ EXISTING RESIDENTIAL SOUTH - RL/ EXISTING RESIDENTIAL EAST - VC/ EXISTING RESTAURANT WEST - VC/ EXISTING OFFICE BUILDINGS P:\Reports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\Staff Report VUP 06-033 TPM 34416.rtf BACKGROUND: The Village Use Permit for the existing Arnold Palmer's Restaurant (VUP 00-004) was approved by Planning Commission on January 23, 2001. Palmer's Restaurant has been in operation since 2003 and is located at the northeast corner of Avenue 52 and Desert Club Drive. The applicant is proposing to divide the existing Palmer's lot into two and construct a two-story office building in the open. Tentative Parcel Map 34416 Request: The first portion of this proposal involves the division of the Palmer's Restaurant property into a two -parcel layout (Attachment 1). Parcel 1, the location of the proposed office building and parking lot, is proposed at 44,074 SF in size (1.01 AC) and Parcel 2, the existing restaurant and parking lot, is proposed at 172,553 SF in size (3.96 AC). While the Village Commercial (VC) zoning district has no specific frontage or lot standards, the proposed Tentative Parcel Map accommodates the required setbacks from adjacent zoning and rights -of -way, and permits useable space for pedestrians, loading, and vehicular access. Parcel 2 follows the existing site plan of Palmer's Restaurant and accommodates the existing porte-cohere, building, and parking. This property line configuration does not conflict with the proposed office building site plan, proposed parking and driveway for the office building. Reciprocal access and parking easements for shared parking and access between parcels have been included in the recommended Conditions of Approval and will require the applicant to record a reciprocal access and parking agreement on Parcels 1 and 2 in a form and content satisfactory to the City Attorney. The Tentative Parcel Map identifies an unimproved right-of-way passing through the adjacent vacant lot northwest of the site. This right-of-way is currently in the process of being vacated and has not been utilized for access to Parcel 1. Office Building Plans Proposal: The applicant is proposing to construct a two-story, 13,171 square foot commercial office building in the location of the existing landscaped golf feature at the main entrance of the existing Palmer's Restaurant (Attachment 2). The building has been designed to be consistent with the existing Palmer's Restaurant, utilizing the same color palate, Spanish roof tiles, stone fagade, wood accents, and landscaping palate. Proposed interior sidewalks will include the use of colored concrete and accent pavers. Sidewalks are currently in place along Avenue 52 and Desert Club Drive. A revised landscaping site plan has been submitted subsequent to ALRC review which more accurately identifies pedestrian connectivity between the proposed office building, the parking lot, existing sidewalks, and Palmer's Restaurant (Attachment 3). PAReports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\Staff Report VUP 06-033 TPM 34416.rtf The two story structure has been designed in a "W shape with individual tenant access via the exterior of the structure. Second story tenants will have access to private canopied balconies. A pass -through pedestrian space leading to a fountain is located at the corner focal point of the building, and the revised landscaping plans include pedestrian connectivity through the building to the existing sidewalks. The existing sidewalks along Desert Club Drive have street lighting. The interior side of the building includes a proposed location for a statue of Arnold Palmer facing the existing Palmer's Restaurant, the design of which will require approval from the Art in Public Places Commission. This inverted shape presents the appearance of a reduced building mass from the restaurant perspective. The first floor of the structure will have 6,278 square feet of leased area and the second story will have 5,976 square feet for a total of 12,254 square feet of leased space. As the building utilizes external stairwells, the remaining 917 square feet will be used for restrooms, an elevator, and mechanical equipment access. Mechanical equipment will be located on the rooftop, screened from view within a 3.5 foot sunken well. Second floor balconies will be covered by either a roof overhang or a wood trellis. The trellis timbers will be stained and will match the existing timbers of Palmer's Restaurant. Balconies will also include a painted, high -gauge steel, decorative railing feature. Setback, Height, and Bulk Regulations: The proposed building is consistent with the Village Commercial District's development standards. The building's center rotunda will be 35 feet at its peak height, equaling the maximum height permitted in this district, and the two tower features at the rear will be 34 feet at their highest point. Aside from these three architectural projections, the peak of the main building roofline will be 31 feet in height. A five foot setback is identified at the building's closest point to the Desert Club Drive right-of-way, though this west face of the building is not parallel to the street and the setback varies increasing to a maximum of nine feet. Along Avenue 52, which has a required 20 foot setback for landscaping, the building is placed an additional five feet away, for a total setback of 25 feet. The south face of the building runs parallel with the property line adjacent to Avenue 52. In regard to the proposed building's relationship to the surrounding properties, the two existing Vista De Montana buildings across the street along Calle Amigo and Desert Club Drive are 34'6" at their highest point with similar setbacks (5' to 10'). Plaza De Barcelona, also across from the subject property on Desert Club Drive, has a two foot setback from the right-of-way and has a roofline 29 feet in height with an architectural cupola at the corner measuring 32 feet in height. The proposed Palmer's office is architecturally similar to the nearby Vista De Montana building in that they have a similar fagade and comparable use of stone veneer. PAReports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\Staff Report VUP 06-033 TPM 34416.rtf The existing Palmer's Restaurant is 22 feet in height and has a small second story at the southwest corner used for offices and storage. The edge of Palmer's porte- coh6re is approximately 92 feet from the corner edge of the proposed office building. The exterior face of Palmer's Restaurant is located approximately 130 feet away. Building masses on all sides of the structure are varied with balconies and wood trellises. The central rotunda further contributes to reducing the building mass by increasing the setbacks at the center of the structure and eliminating straight building lines and a pronounced corner. At the interior rear of the structure, the inverted "V" shape should present an impression of greater distance from the existing restaurant. Landscaping Proposal: Though the landscaping design will reflect the existing Palmer's Restaurant landscaping, the noted putting green and sand trap features will be removed. Landscaping along Avenue 52 will feature a three to four foot berm planted with a desert shrub garden, while the revised landscaping plan has removed the original proposed berm along Desert Club. The applicants have identified Chilean Mesquites, California Pepper Trees, Mediterranean Fan Palms, Date Palms, and a California Fan/Mexican Fan hybrid for the proposed tree species. Shrubs include Bougainvilleas, Feathery Cassias, Desert Spoons, Red Yucca, Cimarron, and Yellow Oleander, among others. Decomposed granite has been proposed for ground cover along the exterior landscaping, with turf utilized at the interior. Parking Management Program: The proposed 13,171 square foot office building will require 52 parking spaces under the City's parking standard of one space per 250 square feet. The applicant proposes the approval of a Parking Management Plan per Section 9.150.070 of the Zoning Code. The purpose of the Parking Management Plan is to allow joint use of shared parking features which are located on abutting parcels. The adjacent Palmer's Restaurant currently has 152 parking spaces available, and the Code requires 124 spaces. Palmer's Restaurant is currently closed for lunch, during the anticipated business hours for the proposed office building, and provides valet parking in the evening. As a condition of approval, Palmers will not be permitted to operate during weekday lunch hours without an amended Parking Management Plan approved by the City. The applicant, who also owns both properties, has provided a shared parking agreement with this application. This agreement will need to be reviewed and approved by the City Attorney and will likely need to be revised. Additionally, the agreement will need to be a recorded instrument that provides title notice to subsequent owners and the agreement will be required to include a provision PAReports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\Staff Report VUP 06-033 TPM 34416.rtf requiring City approval of any amendments or modifications. Based upon the required parking for the proposed office building and existing restaurant, and with a reciprocal access and parking agreement, both properties comply with City parking requirements. Section 9.150.060 of the LCMC requires thirty percent of the required 52 parking spaces, fifteen spaces in total, to be covered by a trellis or carport structure. The applicants have proposed placing the required carport or trellis parking canopy along the northern end of the existing restaurant parking lot, away from the existing restaurant building. The applicants are proposing a minimalist styled carport structure painted the same color as the existing restaurant (Attachment 4). Staff recommends the proposed canopies be modified to utilize a glue -lam beam or similar material in order to soften the commercial look of the carport, rather than utilize the identified horizontal steel beams (vertical support beams may remain metal). Analysis: The proposed office building's architecture has been well designed and meets the Village Design Guidelines. The submitted proposal approximates, rather than replicates, the architectural style and design of the existing Palmer's Restaurant. The project architect has stated the stone veneer and roofing the will be identical to the existing restaurant. The actual restaurant roofing utilizes an S-tile with random, boosted (mudded) barrel tiles. The actual stone veneer on the restaurant is more of a random pattern with larger pieces rather than a horizontal flat -stone pattern shown on the material sample board. The proposed landscaping and site plan has been revised to show pedestrian connectivity between the parking lot, the street, and the existing porte-cohbre in Palmer's Restaurant. A small portion of the sidewalk should be added at the southern end of the parking lot to allow pedestrian access from the parking lot to Avenue 52. There may be some minor adjustments to the sidewalks pending the final stormwater retention design, which will be located underground. The existing Palmer's restaurant currently has a parking surplus based on the minimum parking standards of the Zoning Code. The existing overage will accommodate the additional required 26 parking spaces for the proposed office structure with a combined overage of two remaining spaces. With Palmer's Restaurant currently closed for lunch during the day the existing and proposed parking will benefit the office during the day while providing additional parking (likely to be valet) for Palmer's in the evening. The recently conducted Village Parking Study found 152 off-street parking spaces available at this site with 16 adjacent on -street parking spaces available. The Study found 2% of the on -site parking occupied on a Wednesday at noon and 99% of the available parking occupied at 8:00 p.m. on a Saturday evening. P:\Reports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\Staff Report VUP 06-033 TPM 34416.rtf While the proposed office building conforms to the setback and height restrictions of the Zoning Code, one of the concerns for the project relate to the building's mass, scale, and placement in regard to the existing Palmer's Restaurant. With its trademark golf feature at the corner of Avenue 52 and Desert Club Drive, Palmer's has become something of a landmark in La Quinta. While the proposed building would not substantially differ from the existing office buildings located across the street in regard to building mass, height, or setbacks, the project will replace an existing, open green space with a two story office building. It should be noted the intent of the Village Design Guidelines is to function as a guiding document, providing basic direction in relation to site design and architecture relative to creation and enhancement of a Village -style atmosphere. The Guidelines 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. Architecture and Landscape Review Committee (ALRC) Action - On March 20, 2006, the ALRC reviewed the project landscaping and building architecture (Attachment 4). The following items were raised by the Committee: 1. Pedestrian sidewalks shall be revised to include access from the parking lot to both streets, from the proposed fountain to the corner of Avenue 52 and Desert Club Drive, and from the parking lot to the existing restaurant porte- cohere. All pedestrian sidewalks shall meet ADA standards. 2. Air conditioning/mechanical equipment shall be completely screened from view behind the roofline. 3. Provide carport details for staff review prior to public hearing before the Planning Commission. 4. Stone veneer and roofing S-tiles shall be identical to the existing restaurant. 5. Landscaping plans shall be revised prior to the Planning Commission review to more accurately portray the proposed site plan, including the revised pedestrian access. 6. The applicant shall submit to the City a completed Art in Public Places application for the proposed Arnold Palmer statue as per LQMC section 2.65.070. On a 2-0-1 vote, the ALRC adopted Minute Motion 2006-010, recommending approval of the proposed project subject to the above provisions. Revisions concerning the proposed carport structures, pedestrian connectivity, and landscaping have been submitted, as per ALRC direction. PAReports - PC\2006\4-11-06\Pa1mers VUP 06-033 and TPM 34416\Staff Report VUP 06-033 TPM 34416.rtf Public Notice This case was advertised in the Desert Sun newspaper on March 31, 2006. 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. 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 2006-_, granting approval of Tentative Parcel Map 34416; and, 2. Adopt Planning Commission Resolution 2006-_, granting approval of Village Use Permit 2006-033, subject to conditions as recommended by staff. Tran 6d-ON— And J. Mogensen, Associate Planner Attachments: 1. Tentative Parcel Map 34416 2. Architectural Packet 3. Revised Landscaping, as per ALRC direction 4. Proposed Parking Canopy Design 5. Minutes of the March 20, 2006 ALRC meeting * A materials board will be available for viewing at the Planning Commission meeting. P:\Reports - M2006\4-11-06\Palmers VUP 06-033 and TPM 34416\Staff Report VUP 06-033 TPM 34416.rtf PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF t 4.97 ACRES INTO TWO COMMERCIAL PARCELS CASE NO.: TENTATIVE PARCEL MAP 34416 APPLICANT: DAVID CHAPMAN INVESTMENTS LLC WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 11" day of April, 2006, hold a duly noticed Public Hearing to consider the request of David Chapman Investments LLC., for the subdivision of f 4.97 acres into two commercial parcels, located in the Village Commercial District at the northeast corner of Desert Club Drive and Avenue 52 more particularly described as: A PORTION OF LOT 90 OF TRACT 28470-1 WHEREAS, said Tentative Parcel Map has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Tentative Parcel Map is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 31 s` day of March, 2006, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 34416: Finding A - Consistency with the General Plan and Zoning Code The property is designated Village Commercial which allows a variety of uses including office commercial and general business. The Land Use Element of the General Plan encourages commercial developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan. All plans for buildings will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. P:\Reports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\TPM 34416 Reso.DOC Planning Commission Resolution 2006- Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 Finding B - Site Design and Improvements Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Accommodations for on -site stormwater retention shall be provided. Finding C - Compliance with the California Environmental Quality Act The La Quinta Community Development Department has determined that this subdivision is exempt from an Environmental Assessment pursuant to the criteria as listed in Section 15315 of the Guidelines to the California Environmental Quality Act. Finding D - Public Easements Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 13.24.100 of the Subdivision Ordinance. As conditioned, the design of the proposed subdivision and future improvements will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed parcel map since legal access is provided from Desert Club Drive and Avenue 52. Utility and access easements have been provided for, or are required in the subdivision design. Finding E - Design of the Subdivision As conditioned, the design of the subdivision is in accord with the development standards of the Village Commercial District. Finding F - Suitability of the Site As conditioned, the proposed design of the subdivision is physically compatible with the site with regard to level topography for the type of land use designation and potential development of the subject property, and in consideration of existing commercial and residential development in the surrounding area. Finding G - Public Health As conditioned, the proposed subdivision will not result in any increased hazard to public health or welfare, as the design has been reviewed by the appropriate responsible agencies for health and safety issues, with none identified. P:\Reports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\TPM 34416 Reso.DOC Planning Commission Resolution 2006- Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 Finding H — Parking Management Plan The applicant has requested approval of a joint Parking Management Plan (a reciprocal access and parking easement agreement) which commits in perpetuity that Parcel 1 and Parcel 2 have reciprocal access and parking easements and restrictive covenant recorded on the title of each property to ensure that City Parking requirements are complied with during the life of the projects. Based upon these conditions, the Planning Commission finds that the project complies with all required City parking requirements. 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; 1. That the Planning Commission does hereby approve Tentative Parcel Map 34416 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 11 Th day of April, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Acting Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California P:\Reports - PC\2006\4-11-06\Palmers VUP 06-033 and TPM 34416\TPM 34416 Reso.DOC PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 34416 DAVID CHAPMAN INVESTMENTS APRIL 11, 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 Village Use 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 any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies if applicable. 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; 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"). Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC►: 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All 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 BMP's shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 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. Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 6. 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, and/or as required by the City Engineer. A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial, Option A 1 10' ROW) — No additional right of way is required from the existing standard 55 feet from the centerline of Avenue 52 for a total 110-foot ultimate developed right of way. 2) Desert Club Drive (Local Street, 60' ROW) — No additional right of way is required from the existing standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 7. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Parcel 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. 8. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Avenue 52 (Major Arterial) - 20-foot from the R/W-P/L. Pursuant to this condition, the Tentative Parcel Map shall be revised to show said landscape setback requirement along Avenue 52. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 9. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 10. The applicant of this Tentative Parcel Map shall enter into and record on title of all parcels in the Tentative Parcel Map a reciprocal access and parking easement 7 Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 agreement for the purpose of permitting the parcel owner(s) and their successors and assign reciprocal access to and across all access drives and parking aisles in the tentative parcel map, and granting all parcel owner(s) and their successors and assign the reciprocal right to use all parking stalls located in the Tentative Parcel Map. These reciprocal access and parking easement rights shall be shown on the final map and shall not be modified or amended in any way without prior written consent and approval of the Public Works Director & Community Development Director and without recording an amendment to the easement agreement. The reciprocal access and parking easement agreement shall be submitted to the City Attorney for review and approval prior to approval of the final parcel map 11. 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. 12. 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 Parcel Map No. 34416 and the date of recording of any Final Map, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 13. 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. 14. 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. I Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 A. On -Site Precise Grading/Storm Drain Plan 1 " = 30' Horizontal B. PM10 Plan 1" = 40' Horizontal NOTE: A and B 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 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. 15. 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. 16. 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 AGREEMENTS 17. Improvements and obligations required of this Village Use Permit shall either be completed, or secured through a SIA, as required of Tentative Parcel Map No. 34416 or as otherwise approved by the City Engineer. Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 18. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 19. 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. 20. 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. Planning Commission Resolution 2006 Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 21. 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. 22. 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 0 81 behind the curb. 23. 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 Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 24. 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. 25. 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. DRAINAGE 26. The applicant shall conform with the approved hydrology and drainage report for Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 Tract Map No. 28470-1, Lot 90 as revised for this tentative parcel map and/or the approved hydrology report for this tentative parcel map. Nuisance water shall be retained on site and disposed of via an underground percolation improvement approved by the City Engineer. 27. As underground retention and above ground retention of stormwater is proposed, the applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and the Public Works Department's Underground Retention Basin Design Requirements dated July 16, 2005 and revised November 17, 2005. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 28. The applicant or his design professional shall design for 4.5 in/hr rainfall for 100 year 24 hour storm with zero percolation. In order to accept tributary storm water from Avenue 52, the applicant shall provide storm drainage inlets along Avenue 52 sufficient to accept the said storm water flow onto the Tentative Parcel Map. The applicant shall add additional drywell(s) as required by the City Engineer to mitigate any unacceptable ponding of stormwater due to nonpercolation in the retention basin located between the parking area and the office building or reconfigure proposed retention basin locations away from the front of the office building. Additionally, any sidewalks proposed within retention basin areas as access to the office building shall be ADA accessible. 29. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B) (7), LQMC. 30. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 UTILITIES 32. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 33. 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. 34. 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. 35. 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 36. 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. 37. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 52 (Primary Arterial, Option A 1 10' ROW) - No additional widening is required from the existing standard 43 feet from the centerline of Avenue 52 for a total 86-foot ultimate developed street width. 1 ') Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 2) Desert Club Drive (Local Street, 60' ROW) - No additional widening is required from the existing 20 feet from the centerline of Desert Club Drive for a total 40-foot ultimate developed street width. The applicant shall protect the existing sidewalk and other hardscape along Avenue 52 and Desert Club Drive to include street lighting, signing, striping, other traffic control devices and appurtenances or if damaged or relocated, replace said equipment and appurtenances as required by the City Engineer. 38. 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 Spaces and Parking Aisles (Light Traffic Areas) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 39. 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. 40. General access points and turning movements of traffic are limited to the following: A. Avenue 52 1) Existing Primary Entry Driveway to Arnold Palmer's Restaurant: Right turn in and out movements are permitted. Left turn in and out movements are prohibited. 2) Existing Secondary Entry to Parking Lot (easterly end): Right turn in and out movements are permitted. Left turn in and out movements are prohibited. Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 a recordable instrument and record on title to the property prior to approval of the final tentative map. These limitations shall be designated on the approved Parcel Map and shall run with the land and bind successive owners and assigns: A. Parcel 1 is limited to professional office uses that are open during normal daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. Any modifications to this limitation of operation shall require the applicant to enter into a revised parking management agreement with the City identifying and demonstrating that sufficient parking is available for such increased use. B. Hours of operation for any business on Parcel 2 shall be limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. Any modifications to the hours of operation shall require the applicant to enter into a revised parking management agreement with the City identifying and demonstrating sufficient parking is available for such use. CONSTRUCTION 43. 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. LANDSCAPING 44. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 45. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 46. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 47. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 NOTE: Plans are not approved for construction until signed by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 49. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 50. 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. 51. 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. 52. 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 53. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 54. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. Planning Commission Resolution 2006-_ Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments April 11, 2006 FEES AND DEPOSITS 55. 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. 56. 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). PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 13,171 SQUARE FOOT OFFICE BUILDING WITHIN THE VILLAGE COMMERCIAL DISTRICT CASE NO.: VILLAGE USE PERMIT 2006-033 APPLICANT: DAVID CHAPMAN INVESTMENTS LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 `" day of April, 2006, hold a duly noticed Public Hearing to consider the request of David Chapman Investments for a Village Use Permit to allow the construction of a 13,171 square foot office building on the northeast corner of Avenue 52 and Desert Club Drive more particularly described as: A PORTION OF LOT 90 OF TRACT 28470-1 WHEREAS, said Village Use Permit 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, 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 approval of said Village Use Permit: 1. The proposed Village Use Permit is consistent with the General Plan, in that general office uses are allowed in the General Plan for the Village Commercial land use designation. 2. The proposed Village Use Permit is consistent with the requirements of the Zoning Code, in that it will provide uses consistent with those permitted in the Village Commercial district, and meets the standards of this district. 3. The proposed Village Use Permit complies with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-63), insofar as it has been determined that the project is exempt from CEQA review under Section 15332, Infill Development, and a Notice of Exemption should be filed. Planning Commission Resolution 2006- Village Use Permit 2006-033 David Chapman Investments LLC Adopted: April 11, 2006 4. Approval of the proposed Village Use Permit will not create conditions materially neither detrimental to the public health, safety and general welfare, nor injurious to or incompatible with other properties or land uses in the vicinity, insofar as adjacent properties are in the Village Commercial district. 5. The architectural design aspects of the proposed Village Use Permit, 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, and with the overall design quality found in the City. 6. The site design aspects of the proposed Village Use Permit, including, but not limited to project entries, parking provisions, interior circulation, pedestrian and bicycle access, pedestrian 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 quality of design found in the City. 7. The project landscaping for the proposed Village Use Permit including, but not limited to location, size, type and coverage of plant materials, has been designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and is consistent with the concepts in the Village at La Quinta Design Guidelines. 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 approve Village Use Permit 2005-033 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 the 11 `" day of April, 2006 by the following vote, to wit: AYES: NOES: Planning Commission Resolution 2006- Village Use Permit 2006-033 David Chapman Investments LLC Adopted: April 11, 2006 ABSENT: ABSTAIN: PAUL QUILL, Acting Chairman City of La Quinta California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 GFNFRAL 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 Village Use 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. Village Use Permit 2006-033 (VUP 2006-033) 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. 3. 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. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies if applicable. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 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"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All 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 BMP's shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. 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). PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 7. 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 2006-033. 8. 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 9. 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. 10. 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, and/or as required by the City Engineer. A. PUBLIC STREETS 11 Avenue 52 (Primary Arterial, Option A 1 10' ROW) — No additional right of way is required from the existing standard 55 feet from the centerline of Avenue 52 for a total 110-foot ultimate developed right of way. 2) Desert Club Drive (Local Street, 60' ROW) — No additional right of way is required from the existing standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 11. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Parcel 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. 12. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 A. Avenue 52 (Major Arterial) - 20-foot from the R/W-P/L. Pursuant to this condition, the Tentative Parcel Map shall be revised to show said landscape setback requirement along Avenue 52. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 13. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 14. The applicant of this Village Use Permit shall enter into and record on title of all parcels in the Tentative Parcel Map 34416 a reciprocal access and parking easement agreement for the purpose of permitting the parcel owner(s) and their successors and assign reciprocal access to and across all access drives and parking aisles in the tentative parcel map, and granting all parcel owner(s) and their successors and assign the reciprocal right to use all parking stalls located in the Tentative Parcel Map. These reciprocal parking and access easement rights shall be shown on the final map and shall not be modified or amended in any way without prior written consent and approval of the Public Works Director & Community Development Director. The reciprocal access and parking easement agreement shall be submitted to the City Attorney for review and approval prior to approval of the final parcel 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 Parcel Map No. 34416 and the date of recording of any Final Map, unless such easement is approved by the City Engineer. R PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 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 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 Precise Grading/Storm Drain Plan 1" = 30' Horizontal B. PM10 Plan 1" = 40' Horizontal NOTE: A and B 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 precise grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 19. The City maintains standard plans, 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. 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 PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 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 AGREEMENTS 21. Improvements and obligations required of this Village Use Permit shall either be completed, or secured through a SIA, as required of Tentative Parcel Map No. 34416 or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 23. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 24. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, 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 PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 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. 25. 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. 26. 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. 27. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 28. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 29. 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. DRAINAGE 30. The applicant shall conform with the approved hydrology and drainage report for Tract Map No. 28470-1, Lot 90 as revised for this tentative parcel map and/or the approved hydrology report for this tentative parcel map. Nuisance water shall be retained on site and disposed of via an underground percolation improvement approved by the City Engineer. 31. As underground retention and above ground retention of stormwater is proposed, the applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and the Public Works Department's Underground Retention Basin Design Requirements dated July 16, 2005 and revised November 17, 2005. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 32. The applicant or his design professional shall design for 4.5 in/hr rainfall for 100 year 24 hour storm with zero percolation. In order to accept tributary storm water from Avenue 52, the applicant shall provide storm drainage inlets along Avenue 52 sufficient to accept the said storm water flow onto the Tentative Parcel Map. The applicant shall add additional drywell(s) as required by the City Engineer to mitigate any unacceptable ponding of stormwater due to nonpercolation in the retention basin located between the parking area and the office building or reconfigure proposed retention basin locations away from the front of the office building. Additionally, any sidewalks proposed within retention basin areas as access to the office building shall be ADA accessible. 33. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 setback► will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B) (7), LQMC. 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 35. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 36. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 37. 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. 38. 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. 39. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 40. 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 PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 proposed. 41. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 52 (Primary Arterial, Option A 1 10' ROW) - No additional widening is required from the existing standard 43 feet from the centerline of Avenue 52 for a total 86-foot ultimate developed street width. 2) Desert Club Drive (Local Street, 60' ROW) - No additional widening is required from the existing 20 feet from the centerline of Desert Club Drive for a total 40-foot ultimate developed street width. The applicant shall protect the existing sidewalk and other hardscape along Avenue 52 and Desert Club Drive to include street lighting, signing, striping, other traffic control devices and appurtenances or if damaged or relocated, replace said equipment and appurtenances as required by the City Engineer. 42. 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 Spaces and Parking Aisles (Light Traffic Areas) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 43. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. r PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 44. General access points and turning movements of traffic are limited to the following: A. Avenue 52 1) Existing Primary Entry Driveway to Arnold Palmer's Restaurant: Right turn in and out movements are permitted. Left turn in and out movements are prohibited. 2) Existing Secondary Entry to Parking Lot (easterly end): Right turn in and out movements are permitted. Left turn in and out movements are prohibited. B. Desert Club Drive 1) Primary Entry: Full turn movements are permitted. 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). PARKING LOTS, and ACCESS POINTS 45. A total space count of 26 parking stalls, including handicapped parking spaces, shall be provided on Parcel 1. A minimum of 15 covered parking spaces shall be provided and maintained on adjacent Parcel 2, as per the reciprocal access and parking agreement cited in Condition of Approval No. 14 and Section 9.150.080, LQMC. 46. Covered parking canopies provided on Parcel 2 of Parcel Map 34416 shall be revised to utilize a horizontal Glue -Lam beam or similar material. Non -wood components of the parking canopies shall be painted a color consistent with the existing buildings on site. Final design and location of the required covered parking canopies shall be reviewed and approved by the Community Development Director prior to issuance of building permits. 47. Pedestrian connectivity shall be provided between the proposed parking areas, the center building corridor, and all existing sidewalks. 48. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. ADA accessibility routes shall be a minimum of 4 feet. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. Additionally, the applicant is to provide a walkway to the Arnold Palmer Restaurant and the existing shared parking area to the north east of the Parcel Map. CONSTRUCTION 49. 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. LANDSCAPING 50. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 51. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 52. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 53. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, I.I.C. APRIL 11, 2006 Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 54. 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. 55. The applicant shall submit to the city a completed public art application for the proposed Arnold Palmer statue as per LQMC section 2.65.070 (Art in Public Places). QUALITY ASSURANCE 56. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 57. 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. 58. 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. 59. 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 60. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 61. 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 62. 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. 63. 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 64. 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. 65. 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. PARKING MANAGEMENT PROGRAM 66. In order to accommodate the reciprocal access and parking easement agreement as identified under Condition of Approval No. 14, the applicant and property owner shall submit for review and approval by the City Attorney and the Community Development Director, the following covenant, which the applicant shall put into a recordable instrument and record on title to the property prior to approval of the final tentative map. These limitations shall be designated on the approved Parcel Map 34416 and shall run with the land and bind successive owners and assigns: PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. APRIL 11, 2006 A. Parcel 1 is limited to professional office uses that are open during daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. Any modifications to this limitation of operation shall require the applicant to enter into a revised parking management agreement with the City identifying sufficient parking and demonstrating that is available for such increased use. B. Hours of operation for any business on Parcel 2 shall be limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. Any modifications to the hours of operation shall require the applicant to enter into a revised parking management agreement with the City identifying and demonstrating sufficient parking is available for such use. Attachment 5 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City 78-495 Calle Tampico, La Quinta, CA 7/10: March 20, 2006 00 a.m. CALL TO ORDER A. This meeting of the Architectural and L dscaping Review Committee was called to order at 10.00 a.m. by anning Manager Les Johnson. B. Committee Members present: Bi Bobbitt, and Tracy Smith. It was moved and seconded by Corn ttee Members Bobbitt/Smith to excuse Committee Member Christo er. Unanimously approved. C. Staff present: Planning anager Les Johnson, Principal Planners Stan Sawa and Fred Ba r, Associate Planner Andrew Mogensen, and Executive Secretar etty Sawyer. II. PUBLIC COMMENT: ne. III. CONFIRMATION THE AGENDA: Confirmed. IV. CONSENT CALENDAR: None. V. BUSINESS ITEMS: _ A. Village Use Permit 2005-033; a request of David Chapman Investments, for consideration of architectural and landscaping plans r for a 13,171 square foot two-story office building, located on the northeast corner of Avenue 52 and Desert Club Drive. 1. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Greenwood, Mr. Prest from Prest Vucksic Architects, and Rob Parker, landscape architect, who gave a presentation on the project. 2. Committee Member Smith asked the material of the carport. Mr. Greenwood stated it would be sheet metal. G:\W PDOCS\ALRC\3-20-O6.doc Architecture and Landscaping Review Committee March 20, 2006 3. Committee Member Bobbitt stated he would like to see the carports dressed up perhaps with colors. 4. Committee Member Smith stated he too does not believe the metal carports go with the building and especially with the Arnold Palmer Restaurant. Mr. Greenwood stated they would be painting the sheet metal. They are trying to minimize the affect of the parking structure. 5. Committee Member Bobbitt asked staff to explain the setbacks. The berm around Palmers is too steep and with this building, the berm will not fit. It will have to be reduced in size. Mr. Parker stated it would be revised with the addition of the sidewalks. Committee Member Bobbitt stated his concern about the massing of the building and the tunnel affect. This building is going to hide the restaurant. 6. Committee Member Smith stated he agrees that this design will match the building across the street, but not in front of the restaurant. 7. Committee Member Bobbitt asked that the Schinus Molle be used sparingly as well as the mesquite trees and the Date Palm trees be young. 8. There being no further questions of the applicant, it was moved and seconded by Committee Members Smith/Bobbitt to adopt Minute Motion 2006-010 recommending approval of Village Use Permit 2005-033, as recommended and as follows: a. Parking structure shall be painted with a more consistent color. Unanimously approved. B.'Site Development Permit 2006-856; a request of Quadrant, LLC for c sideration of architectural and landscaping plans for three prot ypical residential units and perimeter wall for Tract 33717 locate n the west side of Monroe Street along the south side of Avenue 5 1. Associate Plbnoer Andrew Mogensen presented the information contained in the aff report, a copy of which is on file in the G:\WPDOCS\ALRC\3-20-06.doc 2 PH #B STAFF REPORT PLANNING COMMISSION DATE: APRIL 11, 2006 CASE NO.: SITE DEVELOPMENT PERMIT 2006-856 (LA QUINTA 58) APPLICANT/ OWNER: QUADRANT, LLC. ARCHITECT: JAY VANOS ARCHITECTS LANDSCAPE ARCHITECT: JAY VANOS ARCHITECTS REQUEST: CONSIDERATION OF THREE PROTOTYPICAL RESIDENTIAL UNITS INCLUDING LANDSCAPING AND PERIMETER AND INTERIOR WALLS FOR TENTATIVE TRACT 33717, A 17 LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON 4.6 t ACRES LOCATION: 841 t WEST OF MONROE STREET ALONG THE SOUTH SIDE OF AVENUE 58 ENVIRONMENTAL REVIEW: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 2005-545 FOR TENTATIVE TRACT 33717 ON DECEMBER 20, 2005. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION ARE PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: LOW DENSITY RESIDENTIAL (RL) GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (LDR) SURROUNDING ZONING/LAND USE: NORTH: RL / SINGLE FAMILY RESIDENTIAL SOUTH: RL/VACANT EAST: RL / RURAL RESIDENCE WEST: RL / RURAL RESIDENCE P:\Reports - PC\2006\4-11-06\Quadrant SDP 06-856\PC staff rpt. SDP 2006-856.doc Background: Tentative Tract Map 33717 was approved by the City Council during its December 20, 2005 meeting. The project is a single -gated, cul-de-sac street with a landscaped island at the center, located along the south side of Avenue 58, 841 feet west of Monroe Street. Prototypical Home Plans Proposal: The applicant is proposing three model home plans: a 2,885 SF single story model plan with casita; a 3,040 SF two-story plan without a casita; and a 3,425 SF single story model plan with a casita (Attachment 1). All proposed model plans have been designed with two car garages and swimming lap -pools. Model type I is two stories and has a total height of 23'8". The single story models, types II and III, are 18'4" and 17'4". Model type I, the two story floor plan, will be located at the front and rear of the project site. This proposal will be among the few "desert -contemporary" designed projects in La Quinta. The project will utilize a combination of familiar and non-traditional building materials and a palate of desert colors. While the use of flat roofs, stone veneer, and concrete plaster are relatively common, these elements are combined with elements such as metallic highlights, floor -to -ceiling transparent and opaque glass windows and doors, and the open, airy, angular style of contemporary architecture more commonly found in Palm Springs (Attachment 2). For a desert setting, the project utilizes a higher than normal amount of exposed glass and metal. The applicant has stated the proposed Bonderized metal material utilized along the rooflines features low reflectivity, can be more readily painted, and is more corrosion resistant. Although roof overhangs tend to be more generous over the larger window portions of each home, staff had some concerns in regards to shade and overhang efficiency. Roll -down window shutters and dual glazing will be utilized to compensate. Some of the windows proposed on the submitted elevations will also have a minor reduction in size. As an example of their energy considerations, the proposed homes will feature flat rooftop solar panels for water heating. The applicants have submitted a passing Title 24 energy compliance certificate for a "worst case scenario" on proposed model type II located on Lot 5. They are confident their building design and materials can meet current energy efficiency codes. LQMC Section 9.150.080 requires a two -car garage to be a minimum 20 feet in width and depth. The interior garage clearances identified on the architectural submittal do not meet the minimum dimensions and will be revised by the applicant. The proposed laundry and water heater appliances identified within the required clearance area will also be relocated. This redesign typically involves increasing the garage size by about six inches to a foot, depending on the model plan. PAReports - PC\2006\4-11-06\Quadrant SDP 06-856\PC staff rpt. SDP 2006-856.doc Wall and Gate Proposal: The applicant is proposing a terraced landscaping and water feature along Avenue 58, limiting visibility of the exterior walls from the street. The front retention basin will be hidden from street view behind a low wall extending from the terrace feature with landscaping to further limit visibility. The plans identify two types of walls, a fiber cement -board material utilized on portions of interior lots visible from the street and, for the exterior perimeter walls and side yards, masonry walls covered with cement plaster. All walls will be painted to match the proposed color palate. A sample of the fiber cement board and color palate has been submitted with the application and shall be made available during the meeting. The applicants have recently submitted revised entry and gate drawings. The traffic pattern of the entry has been redesigned to allow a wider landscaped island and vehicle turnaround. They are proposing a contemporary vertical design for the entry gates, to be painted a lighter color than what is used on the adjacent wall. The project architect has stated that the proposed gate design is subject to some modification and they intend the final product to have a minimal vertical design that blends in with the surrounding landscaping. Since this item has been resubmitted and there may be additional modifications, further review by staff will be necessary. Landscaping Proposal The landscaping design proposes the use of water -efficient desert species laid out in a clustered pattern with small patches of turf, decorative deer grass, and accent shrubs such as agaves, aloe, yellow bird of paradise, and yucca. Proposed irrigation will be a localized drip and emitter system. The applicant has proposed to utilize the healthier existing date palms on site and have hired a professional arborist to assist them. Both retention basins are proposed to be lined with drought -resistant bahiagrass and planted with date palms. The general groundcover material for the entire project will be decomposed granite. Along the exterior of the site, the applicant has proposed to terrace the entry and construct a series of fountains and water features with the sporadic placement of date palm trees. The terraced feature will include a variety of water -efficient shrubs, date palms, and decomposed granite. A multi -use trail will be placed alongside Avenue 58. The applicant has stated the proposed landscaping plans as shown on the drawings are a basic design. They intend to utilize landscaping to enhance the water feature and limit wall visibility. Imperial Irrigation District has submitted a letter to staff approving the use of water features underneath the existing power lines along Avenue 58. The proposed landscaped terrace feature along Avenue 58 has been adjusted in order to accommodate a retention basin and the equestrian trail corridor. The front retention basin will be located in front of the exterior wall but will be partially incorporated within the terraced landscape feature behind a low wall extension placed alongside the multi- purpose trail. PAReports - PC\2006\4-11-06\Quadrant SDP 06-856\PC staff rpt. SDP 2006-856.doc Analysis: As one of the few "desert -contemporary" designed subdivisions in La Quinta, the project will utilize a combination of familiar and non-traditional building materials with a palate of desert colors. While the use of flat roofs, stone veneer, and concrete plaster are relatively common, these elements are combined with non-traditional features such as the Bonderized metallic highlights along the roof line and the clear and opaque glass windows and doors. Staff initially had some questions as to how the proposed prototypical home plans would accommodate the desert environment. These concerns included the adequacy of roof overhangs in regards to the proposed southern exposure of floor -to -ceiling glass doors and windows. In response to these concerns, the applicant provided a Title 24 Certificate of Compliance and has stated that, with some minor reductions to the window sizes, the proposed homes can meet energy compliance standards. During the ALRC meeting, the applicant discussed the proposed Bonderized metal material, stating the material was intentionally chosen for its minimal reflectivity, similar to pewter, and anti -corrosive properties. The applicants are confident their design and choice of building materials can handle the desert environment. There are some minor modifications that will need to be made to the proposed site development permit. The proposed entry gate will be subject to some modification. In addition, the garages will require enlargement to accommodate the required 20'x20' interior parking clearance. These modifications have been included in the recommended conditions of approval. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed the prototypical residential plans during their March 20, 2006 meeting (Attachment 3). The Committee adopted Minute Motion 2006-011 recommending approval with the following conditions: 1. Perimeter terrace exhibits shall be revised to accommodate the required retention basin, accurately portray a more finalized landscaping design, and accommodate the required multi -purpose trail. Water -efficient shrubs and other groundcover shall be added to the terrace feature. Revised exhibits shall be reviewed by staff for conformance with the approved tentative tract map. 2. Air conditioning/pool equipment shall be completely screened from view behind parapets or walls. 3. Colored elevations of the proposed wall types shall be provided. 4. Garages shall be enlarged to accommodate the required 20'x2G' interior parking clearance, as per LQMC section 9.150.080. Revised garage exhibits shall be reviewed by staff. PAReports PC\2006\4-11-06\Quadrant SDP 06-856\PC staff rpt. SDP 2006-856.doc 5. Further modifications to the structures in regards to Title 24 compliance shall be reviewed by the Community Development Director. PUBLIC NOTICE: This map application was advertised in the Desert Sun newspaper on March 31, 2006. 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. 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. FINDINGS: The Findings as required by Section 9.210.010 (Site Development Permits) of the Zoning Code can be made as noted below. 1. Compliance with Zoning Code- The project is consistent with the Design Guidelines of Section 9.60.330 (Residential Tract Development Review) of the Zoning Code, which requires a minimum of two different front elevations, varied roof heights and planes. The proposed units comply with these requirements in that the facades and design schemes for each of the three residential floor plans are proposed. 2. Architectural Design- 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 other plans approved for construction in the tract and other surrounding development in the City. 3. Compliance with CEQA- This request has been previously assessed in conjunction with Environmental Assessment 2005-545 which was certified by the City Council on December 20, 2005, and therefore, no further environmental review is needed. 4. Site Design- The site design of the project, including, but not limited to project entries, interior circulation, amenities, recreational open space, and other site design elements have been established through approval of Tract 33717 and are compatible with surrounding development and with the quality of design prevalent in the City. P:\Reports - PC\2006\4-11-06\Quadrant SDP 06-856\PC staff rpt. SDP 2006-856.doc 5. Landscape Design- New home and project landscaping includes, but not limited to the location, type, size, color, texture, and coverage of plant materials will be designed so as to provide relief, complement 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. It will provide an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency, ensuring efficient water use. 6. Compliance with General Plan- The project is in compliance with the General Plan in that the property to be developed is designated for residences as proposed. RECOMMENDATION: Adopt Minute Motion 2006-_, approving Site Development Permit 2006-856, subject to the attached conditions. Attachments: 1. Architectural Line Drawings with Interior Landscaping 2. Colored Prototypical Residential, Wall, and Gate Elevations, with Site Plan and Landscaping 3. ALRC Minutes for March 20th, 2006 * A materials board shall be provided for review during the meeting. Prepared by: An w J. Mogensen, sociate Planner P:\Reports - PC\2006\4-11-06\Quadrant SDP 06-856\PC staff rpt. SDP 2006-856.doc MINUTE MOTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2006-856 QUADRANT, INC. APRIL 11, 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 issuance of building permits for any of the units authorized by this approval, final working drawings shall be approved by the Community Development Department. 3. A master Minor Use Permit for all guest house/casitas shall be processed subject to the provisions of in LQMC Section 9.60.100 as determined by the Community Development Department. 4. This Site Development Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 5. SDP 2006-856 shall comply with all applicable conditions and/or mitigation measures, which are incorporated by reference herein, for the following related approvals: • Environmental Assessment 2005-545 • Tentative Tract Map 33717 6. In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. No development permits will be issued until compliance with these conditions has been achieved. 7. 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, if required: • Fire Marshal PAReports - PC\2006\4-11-06\Quadrant SDP O6.856\sdp 2006-856 pc coa.doc MINUTE MOTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-856 QUADRANT, INC. APRIL 11, 2006 • Public Works Department (Grading Permit, Improvement Permits) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District (SCAQMD) 8. The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 9. Any roof -mounted mechanical or solar equipment shall be screened within the parapet or otherwise integral to the roof structure, using compatible architectural materials and treatments, so as to not 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 construction plan submittal for building permits. 10. All two car garages shall be enlarged to accommodate the 20-foot x 20-foot minimum interior dimensions as specified in Chapter 9.150 (Parking), LQMC. Any revisions to the plans shall be approved by the Community Development Department and the Building Department. 11. Air conditioning/pool equipment shall be screened from view and shall not be located in the side yards unless five feet of clearance between equipment and property line is provided. 12. Further modifications to the structures in regards to Title 24 compliance shall be reviewed by the Community Development Director. 13. Exterior railings, window frames, and any other exterior metal accents used on the units shall consist of a minimally -reflective material. 14. Irrigation heads shall be set 18" from the curb/pavement as per CVWD standards. 15. Final entry gate design shall be subject to review and approval by the Community Development Director. P:\Reports - PC\2006W11-06\Quadrant SDP 06-856\sdp 2006-856 pc coa.doc L' ATTACHMENT Architecture and Landscaping Review Committee March 20, 2006 3. Committee Member Bobbitt stated he would like to see the carports dressed up perhaps with colors. t 4. Committee Member Smith stated he too does not �elieve the metal carports go with the building and especi Ily with the Arnold Palmer Restaurant. Mr. Greenwood st ed they would be painting the sheet metal. They are tryi to minimize the affect of the parking structure. 5. Committee Member Bobbitt asked staff o explain the setbacks. The berm around Palmers is too st p and with this building, the berm will not fit. It will have o be reduced in size. Mr. Parker stated it would be revi d with the addition of the sidewalks. Committee Mem r Bobbitt stated his concern about the massing of the bu' ding and the tunnel affect. This building is going to hide the estaurant. 6. Committee Member Smi stated he agrees that this design will match the building a oss the street, but not in front of the restaurant. 7. Committee Mem r Bobbitt asked that the Chinus Moley be used sparingly a well as the mesquite trees and the Date Palm trees be vouno 8. There being o further questions of the applicant, it was moved and seF15-033, ed by Committee Members Smith/Bobbitt to adopt Minuteion 2006-010 recommending approval of Village Use Permit as recommended and as follows: a. /Parking structure shall be painted with a more consistent color. ly approved. B. Site Development Permit 2006-856; a request of Quadrant, LLC for consideration of architectural and landscaping plans for three prototypical residential units and perimeter wall for Tract 33717 located on the west side of Monroe Street along the south side of Avenue 58. 1. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the G:\WPDOCS\ALRC\3-20-06.doc 2 Architecture and Landscaping Review Committee March 20, 2006 Community Development Department. Staff introduced Mr. Jay Vanos, architect, who gave a presentation on the project. 2. Committee Member Bobbitt asked if there was a line of site. Staff stated no. Committee Member Bobbitt stated his concern was whether or not the units would block the views of adjoining projects. As far as landscaping, he has no issues as long as the date palms are young and in good health. 3. Committee Member Smith asked the material to be used on the fence. Mr. Jay Vanos explained the material and its use. It will be painted to match the stucco. The perimeter fence will be a block wall. 4. Staff noted the location of the two-story units. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Smith to adopt Minute Motion 2006-011 recommending approval of Site Development Permit 2005-856, as recommended. Unanimously approved. Tentative Tract Map 34243; a request of Innovative Communities for consideration of common area landscaping plans for the property cated oiproie rth side of Avenue 58, west of Madison Street. 1. riPlanner Stan Sawa presented the information c in the staff report, a copy of which is on file in the Coy Development Department. Staff introduced Brad FoInnovative Communities who gave a presentation on th. 2. Committee tuber Bobbitt stated he agrees with staff's recommendation stagger the perimeter wall. He does believe the gate should be ssed up and the turf reduced. Mr. Fomon stated they wanted to et away from the wrought iron gates. In regard to the turf, th would like to retain as much as possible as this is the backva to a lot of homes. 3. Committee Member Smith asked if wrought iron fence was to be used on the rear of the houses. Mromon stated it is a two foot retaining wall with wrought iron. G:\WPDOCS\ALRC\3-20-06.doc 3 .l PH #C PLANNING COMMISSION STAFF REPORT DATE: APRIL 11, 2006 CASE NO: SITE DEVELOPMENT PERMIT 2006-854 APPLICANT: EAST OF MADISON, LLC (MADISON CLUB) ARCHITECT: PAI (CRAIG PEARSON) LANDSCAPE ARCHITECT: VITA PLANNING LANDSCAPE ARCHITECTURE REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPE PLANS FOR A RECEPTION CENTER LOCATION: SOUTHEAST CORNER OF AVENUE 52 AND MERIWETHER WAY WITHIN THE MADISON CLUB BACKGROUND: The Madison Club site is located on the east side of Madison Street, between Avenue 52 and Avenue 54 (Attachment 1). The Madison Club design was approved by the City Council in 2004 as an Amendment to Specific Plan 99-035 and Tentative Tract Map 33076, with construction of the golf course and infrastructure improvements started. This is the third application for buildings requested in the project, with the first two being the guard house and maintenance complex, which were both approved. PROJECT PROPOSAL: Proposed is a Reception Center (sales office and future management office) for the country club. It will include a 2,550t square foot building, associated parking and garden area (Attachment 2). The location of the Reception Center is on Meriwether Way, the main entrance from Avenue 52 into the project. The Center will be located between the recently approved gatehouse complex and Avenue 52, just outside the projects future entry gates. As part of the Center a parking lot for 13 cars will be provided south of the building leading to and connecting with the public entry also located on the south side of the building. The parking lot surface will be constructed of a decorative granite cobble in a running bond pattern. On the north side of the building, a small outdoor "kitchen/knot garden" is proposed, including two fountains and lawn area. Pa PGPnQTC _ Pl99nnn\A_A 1_nAIP ACT nP KAA nICnkl CnP nN_PFA�CnP 9nn6_PFA Pr PPT PPrPPT nn The building is designed in an old world traditional style similar to the nearby guardhouse, with plaster walls, clay tile roof, ornate wall, door and window trim. The roof will be red clay tile. Exact colors and finishes are shown on the material and sample board that will be available at the meeting. The roof height of the one story building roof is 22 feet with the tower slightly higher. Exterior wall, awnings, columns, doors and miscellaneous ornamentation colors are to be light earth colors. Exact colors and finishes are shown on the material and sample board that will be available at the meeting. The landscaping plan shows extensive proposed planting around the outside the Center. It shows a variety of canopy and palm trees. Shrubs and some turf are shown around the building. The Center will be provided with a perimeter wall to match the surrounding perimeter walls. ANALYSIS: The building is attractive and well designed and provided with adequate landscaping to enhance the building. The building is compatible with the nearby guardhouse complex that was recently approved. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE (ALRC); The ALRC reviewed this request at its meeting of March 20, 2006 and on a 2-0 vote adopted Minute Motion 2006-013 recommending approval of the request (Attachment 3). FINDINGS: The Findings as required by Section 9.210.010 (Site Development Permits) of the Zoning Code to approve this request can be made as noted in the attached Resolution. RECOMMENDATION: Adopt Resolution 2006 , approving Site Development Permit 2006-854, subject to the attached Conditions of Approval. Attachments: 1. Vicinity Map 2. Architectural and landscaping plans 3. ALRC minutes for the meeting of March 20, 2006 Prepared by: Stan Sawa, Principal Planner P.aRPPn PTC . Pr \innA\A-11 ARIPACT nP Uammnki CLIP !1R_RFA%QnP 9M1R_AF4 Pr PDT RPr9PT nnr PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR A RECEPTION CENTER IN THE MADISON CLUB CASE NO.: SITE DEVELOPMENT PERMIT 2006-854 APPLICANT: EAST OF MADISON, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 TR day of April, 2006, hold a duly noticed Public Hearing to consider the request of East of Madison, LLC to approve the development plans for a Reception Center land possible future management office) in the RL zone district, located within The Madison Club project, located at the southeast corner of Avenue 52 and Meriwether Way, more particularly described as: A Portion of 767-20-003 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has determined the Site Development Permit is within the area covered by Specific Plan 99-035, Amendment #1 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An Environmental Impact Report (State Clearing house 83062922 and 90020727) was certified on November 21, 2000, by the City Council for SP 99-035. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21166; and, WHEREAS, the Architecture and Landscaping Review Committee did on the 201" day of March, 2006, at a regular meeting, recommend approval of the development plans, subject to conditions; 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 find the following facts and reasons to justify approval of said Site Development Permit: 1. The Reception Center is consistent with the General Plan in that it is a related use to golf courses and residential country clubs which are permitted on the residentially designated property. J P:\Reports - PC\2006\4-11-06\East of Madison sdp 06-854\sdp 2006-854 pc res.doc Planning Commission Resolution 2006- Site Development Permit 2006-854 East of Madison, LLC Adopted: April 11, 2006 2. The Reception Center is designed to comply with City Zoning Code requirements and is in compliance with Specific Plan 99-035, Amendment #1. 3. The architectural design of the maintenance complex including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements is compatible with the surrounding development and with the quality of design prevalent in the City. The Reception Center is well designed and will conform with the theme for the project. 4. The site design of the project including, but not limited to project entries, interior circulation, pedestrian amenities, screening of roof equipment, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 5. Project landscaping including, but not limited to the location, type, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement 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, and provide an overall unifying influence to enhance the visual continuity of the project. 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 approve Site Development Permit 2006-854 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 11 `" day of April, 2006, by the following vote, to wit: PAReports - PC\2006\4-11-06\East of Madison sdp 06-854\sdp 2006-854 pc res.doc Planning Commission Resolution 2006- Site Development Permit 2006-854 East of Madison, LLC Adopted: April 11, 2006 AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Acting Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California P:\Reports - PC\2006\4-11-06\East of Madison sdp 06-854\sdp 2006-854 pc res.doc LANNING COMMISSION RESOLUTION 2006- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2006-854 AST OF MADISON, LLC LOOKED: iENERAL 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. !. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the applicable clearances and/or permits from the following agencies: Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SCAQMD Coachella Valley 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 the approved SWPPP for Tentative Tract Map No. 33076. Pursuant to the above, the applicant or his design professional shall recommend or design BMPs to be implemented or constructed per Supplement A and the Stormwater Management Plan for the Whitewater NPDES Permit. .0 anning Commission Resolution 2006- Dnditions of Approval - Recommended to Development Permit 2006-854 ist of Madison, LLC dopted: April 11, 2006 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). 0PROVEMENT PLANS ,s used throughout these Conditions of Approval, professional titles such as "engineer," surveyor," and "architect," refer to persons currently certified or licensed to practice their :spective professions in the State of California. 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. 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. Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. 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. f P:\Reports - PC\2006\4-11-06\East of Madison sdp 06-854\sdp 2006-854 pc coa.doc anning Commission Resolution 2006- onditions of Approval - Recommended to Development Permit 2006-854 3st of Madison, LLC dopted: April 11, 2006 RECISE GRADING The applicant shall comply with the provisions of Section 13.24.050 (Grading improvements), LQMC. 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. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, 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. 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. 10. 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. DRAINAGE 11. Stormwater handling shall conform with the applicable approved hydrology and drainage report for Madison Club Development, Tentative Tract Map No. 33076 or as modified for this Site Development Permit as approved by the City Engineer. 12. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. P:\Reports - PC\2006\4-11-06\East of Madison sdp 06-854\sdp 2006-854 pc coa.doc anning Commission Resolution 2006- onditions of Approval - Recommended to Development Permit 2006-854 ist of Madison, LLC dopted: April 11, 2006 3. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. iTILITIES 4. 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. 5. 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. 6. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. IARKING FACILITY 7. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Particularly, drive aisle widths shall be a minimum of 26 feet, parking stall lengths shall be a minimum of 18 feet and driveway approach widths shall be 28 feet minimum. 18. Entry drives, main interior circulation routes, corner cutbacks, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 19. 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 (Parking and Low Traffic) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 20. 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 P:\Reports - PM20064-11-06\East of Madison sdp 06-854\sdp 2006-854 pc coa.doc lanning Commission Resolution 2006- onditions of Approval - Recommended ite Development Permit 2006-854 ast of Madison, LLC dopted: April 11, 2006 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. ANDSCAPING I. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. !2. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. !3. Landscape and irrigation plans for landscaped lots and setbacks, medians, and retention basins shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for plan checking by the Public Works Department. When plan checking has been completed by Community Development 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. allALITY ASSURANCE 24. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 25. 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. 26. 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. 27. 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- P:\Reports - PC\2006\4-11-06\East of Madison sdp 06-854\sdp 2006-854 pc coa.doc anning Commission Resolution 2006- onditions of Approval - Recommended ite Development Permit 2006-854 3st of Madison, LLC dopted: April 11, 2006 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. IIAINTENANCE 18. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 19. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. :EES AND DEPOSITS 10. 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. L41SCELLANEOUS 31. Any signs for identification shall be approved through a sign application approved by the Community Development Department. 32. All future use of the subject building shall be directly related to operation of the Madison Club only and be approved by the Community Development Director. 33. Final working drawings shall be approved by the Community Development Department. P:\Reports - PC\2006\4-11-06\East of Madison sdp 06-854\sdp 2006-854 pc coa.doc K 1 ATTACHMENT 1 CASE MAP CASE No. \ `NORTH / SCALE: NTS ATTACHMEN Architecture and Landscaping Review Committee March 20, 2006 4. Committee Member Bobbitt asked that in addition to the trees mentioned by staff, the bottle trees and crape myrtle not be used. 5. Committee Member Smith asked the paving material and if the entry gate was to be manned. Mr. Fomon stated it would be cobblestone and the entry gate is not manned. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Smith/Bobbitt to adopt Minute Motion 2006-012 recommending approval of Site Development Permit 2005-856, as recommended and as follows: a. With the addition of bottle trees and crape myrtle removed from the plant list. Unanimously approved. D. Site Development Permit 2006-854; a request of East of Madison, LLC for consideration of architectural and landscaping plans for a Recreation Center located at the southeast corner of Avenue 52 and Meriwether Way within The Madison Club. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Cindy Zamora who gave a presentation on the project. 2. Committee Member Bobbitt asked where the four feet was being taken from. Ms. Zamora stated it was her understanding it was being taken from the roof. 3. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Smith to adopt Minute Motion 2006-013 recommending approval of Site Development Permit 2005-854, as recommended. Unanimously approved. E. Site Development Permit 2006-857; a request of Coachella Valley Housing Coalition for consideration of building elevations and landscaping plans for a 218 unit apartment complex located at the northwest corner of Avenue 48, east of Dune Palms Road. A:\3-20-06.doc 4 PH #D STAFF REPORT PLANNING COMMISSION DATE: APRIL 11, 2006 CASE NO: ENVIRONMENTAL ASSESSMENT 2005-552 SPECIFIC PLAN 2005-076 TENTATIVE TRACT 34038 VILLAGE USE PERMIT 2005-030 APPLICANT/OWNER: BORREGO RESORT HOLDINGS, INC. REQUEST: 1. ENVIRONMENTAL ASSESSMENT 2005-552, ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, 2. SPECIFIC PLAN 2005-076, APPROVAL OF DEVELOPMENT PRINCIPLES AND GUIDELINES FOR A 20-UNIT CONDOMINIUM PROJECT, ON 1.23 ACRES, TO PROVIDE FOR INCREASED BUILDING HEIGHTS UP TO 38.5 FEET 3. TENTATIVE TRACT MAP 34038, A DIVISION OF 1.23 ACRES INTO 20 AIRSPACE CONDOMINIUM UNITS, AND; 4. VILLAGE USE PERMIT 2005-030, A REQUEST TO ALLOW CONSTRUCTION OF A 20-UNIT, TWO AND ONE-HALF STORY RESIDENTIAL CONDOMINIUM BUILDING UP TO 38.5 FEET IN HEIGHT, WITH SUB -LEVEL PARKING, IN THE VILLAGE AT LA QUINTA, ON A 1.23 ACRE SITE, LOCATION: SOUTH SIDE OF CALLE TAMPICO, BETWEEN AVENIDA VILLA AND AVENIDA NAVARRO (ATTACHMENT #1) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 2005-552 FOR THE REFERENCED CASES. BASED ON THIS ASSESSMENT, THE COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT, WHILE THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, THE POTENTIAL FOR SUCH IMPACTS CAN BE MITIGATED THROUGH MEASURES INCORPORATED INTO THE PROJECT APPROVAL. ACCORDINGLY, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED, AND IS RECOMMENDED FOR ADOPTION GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL); NO CHANGE PROPOSED ZONING: VC (VILLAGE COMMERCIAL); NO CHANGE PROPOSED TWO-STORY/35-FOOT HEIGHT LIMITS EXISTING LAND USE: NORTH - KSL OFFICES; BEN FRANKLIN ELEMENTARY SOUTH - VACANT VC LAND; FRANCES HACK PARK EAST - VACANT VC LAND; CITY PARKING, RESIDENTIAL COMMERCIAL RETAIL/SERVICES WEST - VACANT VC LAND AND RESIDENTIAL BACKGROUND: Site Background The 1 .23-acre project site encompasses almost one full block in the Village at La Quinta, and is located on the south side of Calle Tampico between Avenida Villa and Avenida Navarro (Attachment 2). The block is vacant, except for ongoing construction associated with a commercial office building (Coronet) on two existing lots. All street improvements, including curb/gutter, have been installed around the site perimeter. There is no sidewalk other than along the project frontage on Calle Tampico. The site is devoid of any significant vegetation, topography or landmarks. An existing fire hydrant is located near the southwest corner of the property. Properties adjacent to the site are developed with a mix of residential and commercial uses, with vacant property to the south, adjacent to Frances Hack Park. The City public parking facility is located adjacent to the site, to the southeast across Avenida Navarro. On November 22, 2005, the Planning Commission reviewed this project for direction on a potential General Plan Amendment, to allow the project as a 31-unit, 3'/2 story development with a density of 25.2 units per acre. While the Commission directed that it would be appropriate for the applicant to proceed with such an amendment, the applicant determined that a redesign to the permitted density would be more in line with the project objectives. Project Proposal The applicant proposes a 2 %2 story, 20-unit condominium project on the 1.23 acre site. Parking will be in a sub -grade parking area underneath the entire building (Attachment #3). The building shows varied rooflines at heights ranging from 33.5 to 38.5 feet, but the applicant has recently indicated that engineering revisions to the project entry drive ramp and grade could potentially increase heights by approximately 2 feet (refer to further discussion under ANALYSIS - Gated Entry Design). The Village Commercial (VC) district allows building heights of two stories, up to 35 feet, but the proposed Specific Plan process is being used to establish certain height parameters for this development. The applicant has also filed Specific Plan and Tentative Tract applications, along with the Village Use Permit. The building abuts an approved 2-story office structure, with similar sub -grade parking, that is under construction at the northeastern corner of the project area. This building was approved at a height of 34.1 feet, and is a blending of Mediterranean and Spanish architectural elements (Attachment 4); a rendering of that project has been included with the packet material. The applicant has also prepared a brief 360-degree view of the project in an active 3D perspective, which will be shown at the meeting. Specific Plan 2005-076 The project specific plan document is required primarily due to the proposed building height of 2'/2 stories at a 381/2 foot maximum. The specific plan document defines the sub -level parking area as non -habitable space, thereby excluding it as a story; only the residential levels are counted as stories. In addition, the building height is set at a maximum of 38.5 feet, not to include architectural projections. The Village Commercial zoning restricts building height at two stories, not to exceed 35 feet. The document contains design exhibits corresponding to the larger scale exhibits submitted with the Village Use Permit and Tentative Tract applications. No other relief or deviations from City standards have been requested. NOTE: Staff had asked the applicant to design the entry ramp and grade break to specified engineering standards, in order to insure that the design was achievable without significant modification to the building design criteria, specifically the overall height. At present, the entry grade design parameters have the potential to increase all or part of the building height by about 2 feet, to potentially range between 35.5 and 40.5 feet in height. The design is still being worked on by the applicant. Tentative Tract 34038 The proposed tract map application essentially divides the existing 8 parcels on the site into one, 1.23 acre condominium lot (Attachment 5). The airspace parcels for each condominium unit will be mapped through filing with the Department of Real Estate and noted as part of the final map to be prepared and recorded. Village Use Permit 2005-030 The proposed building will have a sub -level garage and two residential levels that employ 9 floor plans, ranging from 1,566 to 3,274 s.f. The building units require 66 total parking stalls, inclusive of guest parking, all of which are provided in the sub -level garage. The specific plan does not propose any reduction in parking standards, as the project as designed meets current parking requirements, including stall depth, width, aisles and support columns. There is an internal open courtyard, which contains a pool and common amenity area, surrounded on all four sides by the building. The building will be covered in a smooth textured plaster of varying colors. Pre -cast stone elements will be used on trim areas of the building faces. The roof utilizes hip and gabled designs, with ornamental rafter tails, and is covered with a 2-piece mission clay tile. Extended trellis structures emanate from the upper balconies, and tiled shed -roof awnings are placed over some second floor windows. The overall building utilizes a combination of arched and squared -angle recesses, with alternating recessed building elements and a pronounced building entry at the east (Avenida Navarro) elevation. The balcony railings are shown as being an ornamental iron. Some balcony elements of the building on the above -grade residential floors project out farther than the ground -based footprint, which is allowable by both the zoning code and the Specific Plan process. The landscape concept provides a complete plant palette and conceptual landscaping plan. The interior courtyard will be primarily hardscape, with isolated planters and planting pots located around the pool area, and as accents along building walls. Small planters with ground cover and palm trees will be located around the pool. There are brief pockets of turfed areas provided, noted as transition areas, in the outer perimeter setbacks, which vary from a minimum of 20 feet along Tampico, to a range of 5 to 20 or more feet from building face to edge of sidewalk along Avenida Villa and Navarro, depending on the building recess at any given location. Generally, the landscaped setbacks average 8 to 14 feet along these two streets. There are shade and decorative tree species proposed for the landscaping along all street perimeter setback areas, located in an attempt to accent the building design. Overall, the landscape plan should accent the architectural appearance of the project and enhance the intended theme. ALRC Action On March 1, 2006, the ALRC reviewed the proposed architectural and landscape plan for the project, and unanimously recommended approval of the Village Use Permit by Minute Motion 2006-005 (Attachment 6), subject to incorporation of the following: 1. The tile roof material shall be a two-piece mission clay style. Tile shall incorporate a mudded treatment, if a similar treatment will be incorporated with the adjacent Coronel office building under construction. 2. Provide recessed windows, eave extensions and other elements that will achieve a greater degree of solar control. 3. Building edges shall incorporate rounded corners. 4. All exposed wood trellis structures shall be pressure -treated or a glue -lam construction. The ALRC briefly discussed the building's mass in relation to surrounding streets and land uses. It was the general consensus of the ALRC that the land use and density proposed were consistent with the Village design concepts and approach, and was supportive of the project as designed. However, they did voice general concerns with the intensity of the project and its effect on architectural design interpretations that could occur in the Village. The ALRC cautioned that, while these types of projects should be encouraged, the City needs to be extremely sensitive to the review of higher density/intensity projects in relation to architectural design. In regard to the mudded tile roof, the ALRC did require the Coronel building, under construction adjacent to this site, to incorporate a full mudded tile roof. Although the Planning Commission did not adopt that recommendation, staff has recommended that the tile roof for this project be mudded. HPC Action On February 16, 2006, the HPC reviewed the Cultural Resources Survey and Paleontological Records Review conducted for the project, and unanimously accepted these studies by adoption of Minute Motions 2006-001 and 002, respectively, subject to incorporation of standard mitigation requirements typical of all projects. The archaeological report recommends that the site be given a complete and unconditional clearance for CEQA purposes. The paleontological records search did not indicate that any paleontological localities have been found on the property, nor within a one -mile radius of the site; as a result, a field survey will be required. All other recommendations of the HPC have been incorporated into the project approval conditions. These include the comments and concerns provided by Indian tribal organizations as part of the SB18 consultation process. Consultation is still ongoing, with only the Ramona Band tribal organization still in the open consultation process. However, their concerns are minor and will be included in the final archaeological conditions for the project, which shall be completed before the project is presented to City Council. ANALYSIS: The overall architectural approach for this development, as presented, is consistent with other area projects, and the Village Design Guidelines. However, the project design, as it relates to land use and density in the Village, presents concerns not previously evident with past Village projects. The visual effect of the land use proposed, a multi -story residential building at higher densities, is something that has not been considered in the Village area to date. High density commercial and residential developments on substandard, antiquated blocks of land can overpower the streetscape and be out of character with the surrounding development, if not designed in a sensitive context. The project is consistent with the Village Design Guidelines in terms of land use and architecture. The project scale, while at first appearing to be inconsistent with the Village context, is actually not far removed from the general parameters of other recent commercial buildings which have been approved and built since the inception of the Village Design Guidelines in 1998. These buildings have set the tone for a Village theme of narrowing streets for more intimate settings and streetscapes (Old Town example.) However, these approaches have been developed and applied almost exclusively to commercial projects. In achieving a reasonable project density for an urban scale residential project, the proponent has made an attempt to provide a more pedestrian scale as well, by incorporating parking under the building and providing staggered setbacks to the building, both vertically and horizontally. While the sub -grade parking adds about 5 feet to the structure height, it extends the highest points of the roof peak only 3.5 feet, while a majority of the roof peaks maintain the Village height limit of 35 feet (NOTE: See discussion under Gated Entry Design). This is considered to be a minimal aesthetic consideration, given that the site provides 100% of its 66 required parking stalls on -site, which is much more critical in marketing a residential project than for commercial projects in general. Staff has worked extensively with the applicant to address the architectural massing of the project, in an attempt to achieve a balance between the urban scale associated with higher density development and the more village/town scale envisioned for the Village at La Quinta. Structural massing of the building on the streetscape was analyzed, and consideration of parking, height limits, plate line setbacks, and other factors were considered in trying to achieve this balance. In order to achieve more viable projects in the Village and effect a higher and more efficient use of these small properties, projects will need to utilize more adaptive approaches to commercial and residential development, and their proper intensity of development. The current City perceptions of higher density projects will need to be addressed, through architectural designs that define and articulate building spaces both within buildings and around their exteriors, reducing the appearance of high density development and providing a high -quality design. Key element to the success of this project will be the quality of materials to be employed and design of common and other exterior spaces. To that end, staff has several recommendations that are included as conditions: • Pool fencing, balconies, gates and other similar features shall be formed of authentic wrought iron. • The courtyard/pool area needs to be redesigned to provide better spatial arrangements to provide privacy and define the active and passive areas of the courtyard. Use of water features, landscaping and low walls, for example, can work toward achieving a more intimate and interesting design of courtyard spaces. Shade shelters and cabanas should be considered in the design. • Exterior lighting fixtures shall be an upgraded quality, and shall be affixed to the building. No recessed lighting should be used in exterior courtyards/patios, soffits, and balconies. • A more aggressive color palette should be considered, as part of an overall material specifications plan, to be required at plan check. Architecturally, staff recommends that the Planning Commission review the building in terms of evaluating setbacks, massing and height, as related to the building architecture of the surrounding areas, as well as the site itself. Also to be considered are the solar control provisions of the building (use of window and building recessions for shading, eave extensions, placement of shade features, etc.), as recommended by the ALRC, particularly along the west elevation. Stairwell design - An exterior stairway has been added to the design, as shown at the southeast corner of the site on the east and south elevations. This is an exiting requirement of the UBC that was not originally incorporated into design consideration, which gives this feature an add -on appearance. Stairway risers, accessibility and other factors restrict the design options for this feature, and it is recommended that further redesign of this stairwell be investigated during the preparation of final plans, as part of the plan checking process. The design should incorporate concerns related to safety and security, and be looked at for improving assimilation into the overall building architecture. Gated Entry Design - The proposed development incorporates a gated entry at the base of the entry ramp down into the sib -grade level parking floor. Staff has asked the applicant to design the grade break to the preliminary construction stage, in order to assure that the final design parameters do not significantly affect the building design. The maximum gradient guideline was originally set at 15%, but that has now been revised to 12%, in order for cars to clear the ramp at its apex with the sidewalk, referred to as the grade break. This 12% grade requirement now may increase the building height by as much as 2 feet overall in final construction design, which will bring the building heights to a range of 35.5 to 40.5 feet at the highest roof peak. While not considered a negligible increase, staff feels that the additional height will not significantly affect views associated with surrounding properties beyond the initial proposed heights. As this report was being prepared, the applicant continues to work on the design and value engineering toward maintenance of the currently proposed building heights, and limiting any height increases to only certain portions of the building as needed. Staff has recommended a condition for the Specific Plan and VUP, to allow a 5% height tolerance based on design parameters that create unavoidable revisions to the building height. As of this report, staff continues to evaluate the overall ramp design against these issues, based on the best available information from the applicant. More information on this issue should be available at the Planning Commission meeting. The applicant has indicated that any increase needed to accommodate the correct clearances will not exceed 2 feet, and may in fact be less. Vehicle Entry and Stacking - The proposed gated entry has stacking room for one car at the entry keypad. With this design, it would be preferable to have one additional stacking space for entry vehicles, but more importantly, the design does not allow for vehicle turnaround of rejected cars. The proposed design requires that a vehicle that is denied entry to the parking area must back up the entry ramp and out on to Avenida Villa, a situation where a driver's view line will be highly obstructed by the ramp angle. The reality is that, even with adequate stacking for the current design, there always will be the potential for entry traffic that may not be able to back out if blocked by cars behind. To best address this, staff and the applicant have conceptually agreed on a system by which a visitor would use on street parking and access the resident via a walk-up intercom box placed near the driveway. One or two on -street spaces would be designated for 20 minute parking, or as a loading or stopping -only space. The immediate area around the driveway would be red -curbed to minimize view obstruction into and out of the garage access. This will provide a reasonable alternative to traffic queuing up in the entry and should address most instances in this situation. It is also anticipated that the small number of residential units will result in minimal visitor traffic, as well as the fact that Avenida Villa is a very short local street and will have very limited traffic. In addition, as residents and their guests are more permanently established and become "settled in" with regard to guest parking protocol, problems should be inherently minimized. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2006- , recommending adoption of Environmental Assessment 2004-552, subject to findings, 2. Adopt Planning Commission Resolution 2006- recommending approval of Specific Plan 2005-076, subject to conditions, 3. Adopt Planning Commission Resolution 2006- recommending approval of Tentative Tract 34038, subject to conditions, and; 4. Adopt Planning Commission Resolution 2006- , recommending approval of Village Use Permit 2005-030, subject to conditions. Prepared by: Wallace Nesbit, Associate Planner Attachments: 1. Location Map 2. Project site map 3. Garage floor with site plan 4. East Elevation of Coronel office building 5. Tentative Tract 34038 6. ALRC minutes of March 1, 2006 PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2005-076, TENTATIVE TRACT MAP 34038 AND VILLAGE USE PERMIT 2005-030 CASE NO. ENVIRONMENTAL ASSESSMENT 2005-552 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11`h day of April, 2006 hold a duly noticed Public Hearing to consider the request of Borrego Resort Holdings, to recommend adoption of Environmental Assessment 2005-552, prepared for Specific Plan 2005-076, Tentative Tract 34038 and Village Use Permit 2005-030 located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2005-552) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of Environmental Impact should be adopted; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending to the City Council adoption of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2005-552. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal peresoea552.doc Planning Commission Resolution 2006- Environmental Assessment 2005-552 Borrego Resort Holdings, Inc. April 11, 2006 community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Development of the site has the potential to impact cultural and paleontological resources. However, the mitigation measures included in the project approval will reduce these potential impacts to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing variety in housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The construction of 20 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. The project provides 66 on -site parking stalls, constituting 100% of the required total parking for the project. The gated access will not create significant additional traffic congestion, as it will service only 20 residential units and allows for access to guest parking within the building. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has no potential to adversely affect human beings. Development of the site will generate PM 10; however, the standard requirements for dust control have been incorporated into project approval. No significant long-term noise impacts have been identified. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2005-552 and said reflects the independent judgment of the City. I peresoea552.doc Planning Commission Resolution 2006- Environmental Assessment 2005-552 Borrego Resort Holdings, Inc. April 11, 2006 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby recommend to the City Council adoption of Environmental Assessment 2005-552 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2005-552 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 11`h day of April, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: peresoea552.doc Planning Commission Resolution 2006- Environmental Assessment 2005-552 Borrego Resort Holdings, Inc. April 11, 2006 PAUL QUILL, Acting Chairman City of La Quinta, California ATTEST: THOMAS P. GENOVESE, City Manager/ Interim Community Development Director City of La Quinta, California peresoea552.doc Environmental Checklist Form Project title: Specific Plan 05-076, Village Use Permit 05-030, and Tentative Tract Map 34038, Casa La Quinta 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3 Contact person and phone number: Wally Nesbit 760-777-7125 4. Project location: The southeast corner of Avenida Villa and Calle Tampico, APN 773-076- 002 through -005, 773-076-010 through -013 5. Project sponsor's name and address: Borrego Resort Holdings 16353 SE River Forest Pl. Milwaukie, OR 97267 General plan designation: Village Commercial 7. Zoning: Village Commercial Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) A Specific Plan and Village Use Permit to establish the design standards and guidelines and allow the construction of a 20 unit condominium project on a 1.23 acre parcel. The Tentative Tract Map is proposed to subdivide the 1.23 acres into a condominium map, consisting of one lot. The project would include a sub -grade parking level, and two floors of living area. The building is proposed in a "U" shape. A total of 100,218 square feet is proposed. Building roof peak heights are proposed to extend up to 38.5 feet at some locations. Access to the project will be provided into the parking level from Avenida Villa. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Existing commercial offices, Ben Franklin Elementary school (Village Commercial) South: Vacant lands (Village Commercial) East: Vacant and developed commercial land (Village Commercial) West: Vacant lands, existing single family residential (Village Commercial) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Mandatory Findings of Significance Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: [ find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing finther is required. 4 Signature -2- /-/, i /L, (. Date EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -3- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? (La Quinta General Plan Exhibit X 3.6 "Image Corridors") b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing visual character or quality of the site and X its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed project will result in the development of 20 condominiums on 2'/2 stories (2 stories of living space plus a semi -underground garage). The project site is located on the south side of Calle Tampico. Commercial and elementary school facilities exist to the north, one-story single family homes exist to the west, commercial and vacant lands are to the east, and vacant and park lands lie to the south. The primary views in this area of the City are to the west and south, with the Santa Rosa mountain foothills located less than one mile west of the site. The commercial and school facilities will not be significantly impacted by the project, due to the distance separating the sites, and the orientation of the views. Single family homes to the west will maintain the same views to the west. Views to the east will be obstructed, but do not include any identified or other apparent scenic vistas. The project site is currently vacant, and does not include significant trees, rock outcroppings or historic buildings. The visual effect of the land use proposed, a multi- story residential building at higher densities, is something that has not been considered in the Village area to date. Such developments on substandard, antiquated blocks of land can overpower the strectscape and be out of character with the surrounding development, if not designed in a sensitive context. The project is consistent with the Village Development Guidelines in terms of land use and architecture. The project scale, while at first appearing to be inconsistent with the Village context, is actually not far removed from the general parameters of other commercial buildings which have been approved and built since the inception of the Village Guidelines in 1998. In achieving a reasonable project density for an urban scale project, the proponent has made an attempt to provide a more pedestrian scale as well, by incorporating parking under the building and providing staggered setbacks to the building, both vertically and 4- horizontally. While the sub -grade parking adds about 5 feet to the structure height, it extends the highest points of the roof peak only 3.5 feet, while a majority of the roof peaks maintain the Village height limit of 35 feet. This is considered to be a minimal aesthetic consideration, given that the site provides 100% of its 66 required parking stalls on -site, which is much more critical in marketing a residential project than for commercial projects in general. NOTE: The applicant is still working to final the design of the garage level entry ramp, which could affect the building height. At present, there is the potential for the ultimate design to effect a 2 foot increase in the overall building heights, creating a range from 35.5 to 40.5 feet in height. While not negligible, this increase would not result in a significant effect on surrounding properties beyond the original proposal. Overall impacts associated with scenic resources are expected to be less than significant. d) The construction of the proposed project will increase light generated at the site, primarily through landscaping and site lighting. Lighting from vehicle headlights will be very limited, due to the location of the parking in an underground garage. The Specific Plan, and the Development Code, require that all on -site lighting be fully shielded and not allow for spill -over to adjacent properties. These requirements will assure that impacts associated with on -site lighting will be less than significant. -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the ro ect: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff. ) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) The project site is located in the urban core of the City. No agricultural activities occur within several miles of the project site. Lands surrounding the project are mostly built out, and have been for some years. There are no Williamson Act contracts on the property. No impacts to agriculture are expected. 20 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable net increase of any criteria pollutant for X which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo) III. a)- e) The South Coast Air Quality Management District (SCAQMD) is responsible for the monitoring of air quality in the City, and the implementation of air quality management plans. The development of air quality plans by the SCAQMD was based on the City's General Plan land uses and mapping. The proposed project is consistent with the land use designation of Village Commercial, which allows commercial and high density residential land uses. Therefore, the proposed project is expected to be consistent with these plans. The proposed project will generate short term air quality impacts associated with site grading and construction. The City and Coachella Valley experience significant concentrations of PM10 (particulate matter of 10 microns or less); the Coachella Valley is consequently in non-compliance for PM10. The Valley began implementing more stringent measures to control PM10 with the adoption of an updated management plan in 2002. The City will implement these requirements as part of the grading permit process which will be applied to the project, including the preparation of a PM10 management plan. The mass grading of the project site has the potential to generate 32.47 pounds of fugitive dust per day. This is well below the thresholds of significance established by SCAQMD. _7_ The grading of the site will require construction equipment which will also result in air quality impacts. Due to the small size of the site, however, limited equipment is expected to be required. The equipment required and the resulting emissions are shown in Table 1, below. Table 1 Grading Equipment Emissions - Diesel powered (hounds aer day) Equipment Pieces hrs/day CO ROC Nox Sox PM,a Fork Lift - 50 hp 0 8 - - - Fork Lift - 175 hp 0 8 - - - Trucks - Off -Highway 0 8 - - - Tracked Loader 0 8 - - - Tracked Tractor 0 8 - - - Scraper 1 8 10.00 2.16 30.72 3.68 3.28 Wheeled Dozer 0 8 - - - Wheeled Loader 0 8 - - - Wheeled Tractor 1 8 28.64 1.44 10.16 0.72 1.12 Roller 0 8 - - Motor Grader 1 8 1.21 0.31 5.70 0.69 0.49 Miscellaneous 1 8 5.40 1.20 13.60 1.14 1.12 -r,...,t. 45.25 5.11 60.18 _ 6.23 6.01 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 As demonstrated in the Table, emissions from equipment used during the grading process are expected to be less than significant. The operation of the project will also result in air emissions, primarily with those associated with motor vehicles. The 20 condominiums are expected to generate approximately 117 average trips per day'. Table 2 shows the resulting emissions. Table 2 Moving Exhaust Emission Projections at Project Buildout (pounds per da Ave. Trip Tota Total No. Vehicle Trips/Day Length (miles) miles/da, 117 x 15 = 1,755 PM10 PMia PMi Pollutant ROC CO NOX Exhaust Tire Wear Brake Wea Pounds at 35 mph 0.50 9.72 1.2 0.04 0.0- SCAQMD Thresholds of Significance 75.00 550 100 150.00 1 "Trip Generation, 7" Edition," prepared by the Institute of Traffic Engineers, for category 230, residentia: condonumum/townhouse. As demonstrated, the proposed project is not expected to exceed thresholds of significance associated with long term air emissions. The development of 20 condominiums is not expected to expose persons to pollutant concentrations, or to generate objectionable odors. Overall impacts associated with the development of the proposed project are expected to be less than significant. W Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact W. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any x riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on x federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) 0 Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? General Plan MEA, p. 78 ff.) -10- IV. a)-f) The proposed project site is vacant, previously graded and level land, in an area that is mostly developed. The site has been disturbed by previous grading activities, and contains only sparse, low-lying vegetation. No sensitive habitats occur on the site. The site is not identified in the General Plan as being within an area which requires surveys for sensitive species. The site is not within the boundaries of the Fringe -toed Lizard Habitat Conservation Plan mitigation fee area, nor is it considered for conservation in the Coachella Valley Multiple Species Habitat Conservation Plan. The development will not conflict with any City preservation ordinances, or with the implementation of either the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan or the Multiple Species Habitat Conservation Plan. Overall impacts associated with biological resources are expected to be insignificant. Potentially Less Than Less Than No Significant Significant w/ Significant Impacl Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? (Cultural Resource Survey, Foothill Archaeological, 3/05) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'l5064.5? (Cultural Resource Survey, Foothill Archaeological, 3/05) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) d) Disturb any human remains, including X those interred outside of formal ::1 cemeteries? (Cultural Resource Survey, Foothill Archaeological, 3/05) V. a)-d) A cultural resource survey was conducted on the proposed project site2. The study began with records searches. The archaeologist also performed an on -site survey which identified no resources on the surface of the site. The City has complied with the requirements of SB 18, in regard to notification of Indian Tribal organizations which may have resources potentially affected by the project. Of the 26 tribes contacted, 4 responded requesting consultation under the SB 18 legislation. To date, the City has resolved any issues with 3 of the 4 consulting tribes, and is in conceptual agreement with the concerns of the last remaining tribal organization, the Ramona Band of Cahuilla Indians. Their concerns are not considered significant as they involve monitoring and curation issues which are being addressed by the City on all projects at the present time, and which will be applied to this project as well. The Historic Preservation Committee (HPC) has established a policy requiring that all projects include on -site monitoring for trenching and grading activities, to which this project will be subject. This monitoring will assure that impacts to cultural resources are reduced to less than significant levels. The following is a complete list of adopted HPC recommendations: A. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 2 "A Cultural Resources Survey of the Proposed Casa La Quints Project," prepared by Foothill Archaeological Services, March 2005. -12- B. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. C. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. D. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, Califomia", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. E. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians. F. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Agua Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. The project site occurs within the boundaries of ancient Lake Cahuilla. The project proponent conducted a records search for paleontologic resources, but did not conduct an on -site survey. The HPC also considered the potential for paleontological resources on the site, especially given the site's location within the ancient lakebed, and concluded that an on -site survey was required, in addition to monitoring. In order to assure that potential impacts associated with paleontological resources are reduced to less than significant levels, therefore, the following mitigation measure shall be implemented: 1. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to Community Development Department and shall be provided to site monitors prior to beginning of any earth -moving. 2. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a 13- monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 3. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 4. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 5. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. The project proponent, or his contractor, is required by state law to report any human remains which might be uncovered during grading. The site is not a known burial site, but should such remains be identified, the provisions of law will assure that the potential impacts are reduced to less than significant levels. With implementation of the mitigation measure above, the overall impacts to cultural resources are expected to be less than significant. 14- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Vl. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 16.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or X the loss Of topsoil? (General Plan MEA Exhibit 6.5) c) Be located on expansive soil, as X defined in Table 18-1-13 of the Uniform Building Code (1994), creating substantial risks to life or property (General Plan MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) V1. a)-d) The proposed project is not located in an Alquist-Priolo Earthquake Fault Zone. The City implements Uniform Building Code standards for active seismic, to assure that impacts associated with ground shaking are reduced to less than significant levels. This area of the City is not located over a high groundwater table, and is not subject to liquefaction. No hillsides or slopes occur surrounding the site, so there is no potential 15- for landslides. Soils in the City are not expansive. The proposed project will be required to connect to sanitary sewer, and no septic systems will be installed. Impacts associated with geology and soils will be less than significant. t 6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MF,A, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death -17- involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The development of 20 condominium units will not result in any impacts from hazards or hazardous materials. The residents will participate in the household hazardous waste programs implemented by Waste Management throughout the City. There are no identified hazardous materials sites within the project area. The downtown has been integrated into the City's emergency preparedness planning for some years. There are no wildlands located adjacent or near the project site. -18- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. I11-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or oft -site? (Preliminary Hydrology Report, Hacker 02/06) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (Preliminary Hydrology Report, Hacker 02.i06) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Preliminary Hydrology Report, Hacker 02/06) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Preliminary Hydrology Report, Hacker 02/06) -19- g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Preliminary Hydrology Report, Hacker 02/06) VIII. a)-g) The Coachella Valley Water District (CVWD) is responsible for the provision of water to the site for domestic and landscaping uses. CVWD's Urban Water Management Plan identifies sufficient water supplies, now and in the future, to serve its service area. The City also implements water conservation through landscaping irrigation controls and installation of efficient fixtures. Impacts associated with groundwater are expected to be less than significant. A hydrology study was prepared for the proposed project3. The study analyzed the required storage needed to assure on -site retention of the 100 year storm, as required by the City. The hydrology design proposes the construction of a subterranean retention system under the parking area. The hydrology analysis detennined that a structure capable of retaining 10,000 cubic feet of runoff was needed to meet the City's standards. This will require the construction of a structure or structures, called "StormTrap" with two rows, one 5 feet deep and 170 feet long, and one 5 feet deep and 184 feet long. The study further proposes two potential alternatives for the ultimate disposal of storm water from this retention structure: either through percolation, or through the installation of pumps which would remove storm water from the site and dispose of it in existing off -site drainage facilities. The ultimate method of disposal and adequacy of methodology will be determined by the City Engineer, who will continue to review the hydrology analysis through final design, to assure that the hydrology design is sufficient to meet City standards. These requirements will assure that the storm water generated on the site represents a less than significant impact on area storm facilities in the future. The City requires the implementation of best management practices, as described and required in the National Pollution Discharge Elimination System, during construction to assure that water erosion does not contaminate surface water. These requirements will reduce potential impacts associated with erosion of soils to less than significant levels. The subject property is not located within a 100 year flood plain, as mapped by FEMA. 3 "Preliminary Hydrology & Drainage Report Tentative Tract No. 34038;' prepared by Hacker Engineering February,2006. -20- ,� Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X Community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) IX. a)-c) The project site is currently vacant, so the proposed project will not divide a community. The Village Commercial land use designation allows the broadest range of commercial and residential uses, and was envisioned to allow a mix of such uses in the Village area. The land use of the project is therefore consistent with the designation placed on the property, and there will be no conflict with City plans or policies. The Specific Plan is proposed, as allowed in the General Plan, to allow the flexible and innovative use of design and site planning to vary from the City's adopted zoning codes. As allowed by the General Plan and Development Code, the Specific Plan sets the site -specific design standards and guidelines for the project site, related specifically to height. In all other aspects the project concept and preliminary plans are in conformance with the balance of the remaining applicable zoning code standards. No applicable habitat conservation plan is in place that affects this site. No impacts associated with land use are expected. Staff has worked extensively with the applicant to address the architectural massing of the project, in an attempt to achieve a balance between the urban scale associated with higher density development and the more village/town scale envisioned for the Village at La Quinta. Structural massing of the building on the streetscape was analyzed, and consideration of parking, height limits, plate line setbacks, and other factors were considered in trying to achieve this balance. -21- J Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p.71 ff.) X. a) & b) The site is located in an area of the City designated Mineral Resource Zone MRZ-1, which indicates that no resources occur. There will be no impact to mineral resources as a result of the proposed project. -22- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards X established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundbome noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. I I I ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project is located in the Village area of the City. The project proposes condominiums above the street grade, on two floors. Windows and balconies will be located on the street sides of the project, but all outdoor activity areas are proposed to occur in the center of the U-shaped building, shielded from the noise generated by the surrounding streets. Since noise is significantly lessened by intervening structures, As part of the building permit process, the City requires that building construction result in interior noise levels of 45 dBA CNEL, and exterior noise levels of 65 dBA CNEL. The proposed project will be required to demonstrate compliance with this City -23- standard. Impacts are expected to be less than significant. The project site will generate higher noise levels during construction, but construction noise impacts are not anticipated to be significant beyond the level of nuisance. There are few sensitive receptors adjacent to the site, mostly single family residential structures. A school is located northerly of the site, across Calle Tampico.. The street right of way and setbacks represent a separation of over 100 feet. Activity areas for the school are located away from the street, and screened by school buildings. Further, the project construction is restricted by City municipal code to occur during the prescribed day time construction hours, as set forth. It is not anticipated that noise levels at the school will exceed City standards, and that impacts will be less than significant. The property is not located within the influence area of an airport or airstrip. 24 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING - Wouldthe project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The construction of the 20 condominiums will not result in substantial population growth, or the need for additional housing. The site is currently vacant, and development of the project will not displace people. No impacts associated with population and housing are expected. The project will provide a housing type alternative at the higher end of the housing market, and will promote a limited degree of pedestrian mobility due to its central proximity to the La Quinta Village area. It will also provide for all resident and guest parking in the sub -grade parking facility, thereby getting cars off the street as well as away from view, which will serve toward promoting pedestrian movement. 25 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIH. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) 11 Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) The construction of 20 condominiums will have a limited impact on public services. The project will be required to contribute the required development impact fees, which include police and fire service facilities improvements, as well as park maintenance. Quimby fees will be required for the purchase of park lands The project proponent will be required to pay the school fees in place at the time of development to mitigate potential impacts to schools. These fees, along with the property tax generated by the construction, and the sales tax generated by the residents, will offset the cost of providing public services to the site. Overall impacts are expected to be less than significant. -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) As stated above under Public Services, the proposed project will contribute the equivalent of 0.168 acres of park land under the City's Parkland Dedication ordinance (Quimby Act requirements), and development impact fees, to mitigate potential impacts associated with parks and recreation. In addition, the site includes recreational amenities, including a pool area and passive recreation facilities, which will be available to all project residents. No impacts are expected. -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. II1-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in Iraffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (SP 05-076) e) Result in inadequate emergency X access? (SP 05-076) f) Result in inadequate parking capacity? X (SP 05-076) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) XV. a)-g) As previously stated, the proposed project will generate approximately 117 daily trips. The land use contemplated with the project is consistent with the General Plan designation for the property. The General Plan EIR did not identify long term deficiencies in level of service for this area of the City. Further, the residential land use will generate fewer trips than would a commercial retail project of similar size. It is likely, therefore, that the proposed project will have a lesser impact on the traffic and -28- circulation in the area than anticipated in the General Plan. Impacts associated with the proposed project will be less than significant. The proposed gated entry has stacking room for one car at the entry keypad. With this design, it would be preferable to have one additional stacking space for entry vehicles, but more importantly, the design does not allow for vehicle turnaround of rejected cars. The proposed design requires that a vehicle that is denied entry to the parking area must back up the entry ramp and out on to Avenida Villa, a situation where a driver's view line will be highly obstructed by the ramp angle. The reality is that, even with adequate stacking for the current design, there always will be the potential for entry traffic that may not be able to back out if blocked by cars behind. To best address this, staff and the applicant have conceptually agreed on a system by which a visitor would use on street parking and access the resident via a walk-up intercom box placed near the driveway. One or two on -street spaces would be designated for 20 minute parking, or as a loading or stopping -only space. The immediate area around the driveway would be red -curbed to minimize view obstruction into and out of the garage access. This will provide a reasonable alternative to traffic queuing up in the entry and should address most instances in this situation. It is also anticipated that the small number of residential units will result in minimal visitor traffic, as well as the fact that Avenida Villa is a very short local street and will have very limited traffic. In addition, as residents and their guests are more permanently established and become "settled in" with regard to guest parking protocol, problems should be inherently minimized. The access to the project site will be approved by the City and the Fire Department, to assure that adequate emergency access is provided on site. The proposed project proposes to provide 100% parking on site, consistent with the requirements of the Development Code. The proposed project is located on a Sunline transit route, and residents will have access to that service. Overall impacts associated with traffic and circulation are expected to be less than significant. -29- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) 0 Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) The construction of 20 condominiums will have a limited impact on utilities. The City's water and sanitary sewer provider is CVWD. CVWD has indicated its ability to -30- serve the project site. The City requires retention of the 100 year storm on site, so that storm flows do not impact City streets. Waste Management of the Desert serves the project, and will add these homes to their service when constructed. They dispose of waste at several regional landfills which have capacity to serve the proposed project. All utilities charge connection and service/utilization fees to new customers. Rate structures are designed to include not only current service, but required expansions or upgrades to services in the future. Therefore, the fees charged by the utilities assure that the impacts to their services are less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The proposed project could impact paleontological and cultural resources. The mitigation measures provided in this document, and City policies regarding on site monitoring, however, assure that potential impacts are reduced to less than significant levels. XVII. b) The proposed project is consistent with the General Plan, and promotes the goals of the Village, to provide both working and living opportunities for City residents. XVII. c) The proposed project is consistent with the General Plan. Cumulative impacts associated with the project will be limited, due to the project's size. The cumulative impacts associated with General Plan buildout have been identified in the General Plan EIR. -32- XVII. d) Impacts associated with air quality, noise and other impact areas which could affect human beings will be less than significant.. -33- XYIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -34- r O �a U r 'ti � b O M O Oi 7 w O � 5 N o�- r, o_ o r U r O � cd O N O ti � U U z a a z O w F OUy� F ¢ow A G � a U d a o Cd 0.)06 a N � M �N b o � O o o U aH Na: tn o°n N O O O cnoCYrl o E'F d za Z p' U rr A U d I F A X a �Wv1 U�+ d o W ¢ U U U U wU+ y t7 no ❑ oq ❑ `i' p oq G �' p r Q no w on q P4 v b � � � C 0 0 0 ° .o .� 0 O O C ^ BOOC q CO COC COC x wC7 aCi °15' o °5' N z q A uA °A u OL. 'Ell o c 0 oU E C G 9u uCA u N d O o. 0 U.n N dh a A 0 0 .oto V o ctdi° o a b o Cal o ti � o w to N O V 0 U U U U C b F o o Y U > o g 5n O U o d W md � CJ r� a a o a cL °: ¢� o z U PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 2005-076 CASE NO. SPECIFIC PLAN 2005-076 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11`"day of April, 2006, hold a duly -noticed Public Hearing to consider a recommendation on Specific Plan 2005-076, a request to adopt development principles and design guidelines for a specific plan to allow 20 residential condominium units on±1.23 acres, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-552, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.240.010 of the Zoning Code to justify recommending to the City Council approval of said Specific Plan: 1. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan Land Use Element, in that the proposed project density of 16 units per acre provides for the maximum permissible density under the High Density Residential land use category of up to 16 units per acre. 2. Specific Plan 2005-076 is consistent with the Land Use Element Vision Statement, in that the design, height, scale and mass of the project promote a high quality, balanced character of development density that will enhance the beauty of the surrounding mountains and desert environment. The overall building and height of 2.5 stories, with potential for portions of the building to reach 40 feet, is consistent with the scale and character of the surrounding properties, and their respective land use limitations. 3. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan Land Use Element, relating to compatibility with peresoSP076.doc Planning Commission Resolution 2006- Specific Plan 2005-076 Borrego Resort Holdings, Inc. April 11, 2005 surrounding development, and consistency with applicable land use policies. 4. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan Circulation Element, in that the project provides 66 on -site parking stalls, constituting 100% of the required total parking for the project. The gated access will not create significant additional traffic congestion, as it will service only 20 residential units and allows for access to guest parking within the building. The fact that 100% of parking is on -site will allow surrounding local streets to accommodate other parking needs not related to this project. 5. Specific Plan 2005-076 is consistent with the goals and policies of the La Quinta General Plan, the policies of which intend to promote growth when such growth is not at the expense of the unique quality of life and community character the City promotes for its various neighborhoods. The design and development standards of Specific Plan 2005-076 reflect a unique quality of life and community character that is being promoted in the Village at La Quinta and the surrounding neighborhood in which it is located. It will allow for a housing opportunity with a pedestrian -oriented design, which deemphasizes the automobile by placing it below grade in a gated facility. 6. Specific Plan 2005-076 will not create conditions materially detrimental to public health, safety and general welfare, in that the project promotes a high quality, balanced character of development density, enhances the beauty of the surrounding mountains and desert environment, provides for and promotes the preservation of open space, is compatible with surrounding development, provides adequate parking for it's residents, and promotes growth in consideration of the unique quality of life and community character the City promotes for the Village at La Quinta and surrounding neighborhoods. The project serves to reduce the presence and reliance on the automobile, provides residents access to views of the surrounding environment with limited impacts to those of surrounding properties when developed at a similar intensity, and provides for a safe and secure residential environment with respect to open space, parking and residential service needs. 7. Specific Plan 2005-076 is compatible in terms of surrounding land uses and zoning on adjacent properties, in that the proposed project density of 16 units per acre is at the maximum permissible density for the site and surrounding areas. The project density as proposed at 16 units per acre is compatible with similar surrounding properties designated for a maximum permissible density of 16 units per acre. The project provides 66 parking spaces on site, 100% of the total required, which is consistent with other similarly zoned properties, and in fact, exceeds parking compliance for most other existing and approved projects Planning Commission Resolution 2006- Specific Plan 2005-076 Borrego Resort Holdings, Inc. April 11, 2005 in the surrounding area of the Village. 8. Specific Plan 2005-076 is suitable and appropriate for the subject property, in that the proposed project density of 16 units per acre can be supported by the site, based on the projects ability to provide for the total required parking on site, and the provision of open space areas. NOW, THEREFORE, BE IT RESOLVED by the 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 Specific Plan 2005-076 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 111h day of April, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Paul Quill, Acting Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2006- EXHIBIT "A•• CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2005-076 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 GENERAL CONDITIONS OF APPROVAL 1. Specific Plan 2005-076 (SP 2005-076) shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 2005-076, these conditions shall take precedence. 2. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 3. All changes to the Specific Plan which are required under these conditions shall be incorporated into a revised document to ensure consistency. All other applicable conditions of approval for Tentative Tract Map 34038, Village Use Permit 2005-030, and any subsequent amendment(s), shall be incorporated into the revised text for SP 2005-076 as appendices. The project proponent shall submit five (5) copies of the amended Specific Plan documents within 30 days of City Council approval of the Specific Plan, or prior to issuance of a grading permit, whichever occurs first. 4. SP 2005-076 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2005-552 • Tentative Tract Map 34038 • Village Use Permit 2005-030 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor site, building height, area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such v P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcsp076.doc Planning Commission Resolution 2006- Conditions of Approval - Recommended Specific Plan 2005-076 - Borrego Resort Holdings, Inc April 11, 2006 changes may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 6. The Specific Plan document for SP 2005-076 (Casa La Quinta), as dated February 10, 2006, shall be revised in conformance with the following: A. The conditions of approval for this specific plan, as well as those for TT 34038 and VUP 2005-030, shall be incorporated into the specific plan document as appendices. Include all appendices as noted in the document; i.e. Appendix E is referenced on Page 12 but is not listed in Table of Contents. Please address all discrepancies with the final specific plan document. B. Include case number and brief description of all application actions taken to allow approval of the Specific Plan. C. Page 5, Section 1.4 - change the text reference to the number of APN's for the site, from six to eight. Section 1.4.1, correct "Corral mountains" as "Coral", as well as on Page 32 under Site Design and Activity Space. D. Page 8, Section 2.2, Proposal 1 - Add language pertaining to engineering design changes which may affect the height of the building may be considered as minor changes not requiring amendment of the specific plan or its related applications. When quantifiable, changes shall not exceed a 5% change from the provisions of the approved plans (see also Condition 5)• E. Page 9, Existing Land Use - Revise for Embassy Suites as a four-story structure. F. Page 15, Section 4.7 - In Setbacks table, eliminate column "Setback from Centerline of Street". Indicate (by footnote, etc.) 20-foot setback along Calle Tampico as a Landscape Setback required by the La Quinta General Plan. Figure 13 (preliminary grading plan) shall be revised to reflect this and any other related revisions. G. Page 17, Section 4.10 - Revise last sentence to change the 15% slope reference to a 12% grade break or vertical curve approvable by PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcsp076.doc r Planning Commission Resolution 2006- Conditions of Approval - Recommended Specific Plan 2005-076 - Borrego Resort Holdings, Inc April 11, 2006 the City Engineer. Add language to acknowledge that potential design changes may occur in meeting this and other more specific construction standards, to include building height. H. Page 20, Section 4.21 - CC&R's shall include perpetual maintenance of perimeter landscaping and sidewalks, as well as on -site common areas. Page 20, Section 4.22.1 - An exhibit shall be provided in the specific plan to more clearly delineate the areas described as "Buffer/Transition Zones". These areas shall be subject to review along with landscape plans submitted for plan check. The landscape palette in Appendix C shall act as a master plant material listing for the project, and all subsequent landscape plans shall be reviewed for consistency against this palette. J. The Phoenix Robeleni (Pygmy Date Palm) is under quarantine and may be used only if supplied from a local nursery. Include an approval of the master plant list from CVWD and the Riverside County Agricultural Commissioner's office, as part of the Appendix C plant listing, in the final specific plan document. K. Page 23, Section 5.3 - Revise fourth sentence to read, "Avenida Villa on the west and Avenida Navarro on the east are both designated as Local Streets." L. Page 30, Flooding and Hydrology - A letter of map revision (LOMA) was issued by FEMA in January, 2006. This revision affects the site and has changed the flood zone designation from AO to X. This information shall be incorporated in the final specific plan document. M. Page 32, Site Design and Activity Space - Paragraph 2 shows unit size range as ± 1, 500 to ± 3,100, change this to match Page 16, Section 4.9.1; second paragraph which shows ± 1,500 to ± 3,300. r P:\Reports PC\2006\4 11-06\Borrago - CASA LQ\coapcsp076.doc PLANNING COMMISSION RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 34038, DIVIDING ± 1.23 ACRES INTO ONE CONDOMINIUM LOT CASE NO. TT 34038 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11`" day of April, 2006, hold a duly -noticed Public Hearing to consider a recommendation on Tentative Tract 34038, a request to subdivide 2.23 acres into one condominium lot, to allow development of 20 residential airspace condominium units, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-552, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, 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 findings to justify their recommendation on Tentative Tract 34038: 1. The proposed Tentative Tract Map 34038 is consistent with the City's General Plan, as amended, with the implementation of Conditions of Approval to provide for adequate storm water drainage, street improvements and other infrastructure improvements. The map is consistent with the adopted Village Commercial land use designation, which does allow a residential density of up to 16 dwelling units per acre, as set forth in the La Quinta General Plan Land Use Element. 2. The design and improvements of the proposed Tentative Tract Map 34038 are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper improvements and timing of their construction. r Planning Commission Resolution No. 2006- Tentative Tract 34038 April 11, 2006 3. As conditioned, the design of Tentative Tract 34038 and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. 4. The design of Tentative Tract 34038 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2005-552, in which no significant health or safety impacts were identified for the proposed project. 5. The site for Tentative Tract 34038 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological or other physical constraints on the property that would prevent development of the subdivision. 6. The proposed site for Tentative Tract 34038 provides for the necessary right-of- way and construction of off -site improvements associated with this parcel, as required under the La Quinta General Plan. All adjacent perimeter street rights - of -way are in place, and only transitional off -site improvements will be necessary. NOW, THEREFORE, BE IT RESOLVED by the 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 require compliance with those mitigation measures specified by Environmental Assessment 2005-552, prepared for Tentative Tract Map 34038; 3. That it does recommend approval of Tentative Tract Map 34038 to the City Council, 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 11 t" day of April, 2006, by the following vote to wit: P Planning Commission Resolution No. 2006- Tentative Tract 34038 April 11, 2006 AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Acting Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California r PLANNING COMMISSION RESOLUTION 2006- EXHIBIT „A„ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act'), and Title 13 of the La Quinta Municipal Code (LQMC). 3. Tentative Tract 34038 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2005-552 • Specific Plan 2005-076 • Village Use Permit 2005-030 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Clearance for Building Permits, Improvement Permit) • La Quinta Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) Sheet, Public Works PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 • SunLine Transit Agency • SCAQMD The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO1"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, Sections 8.70.010 et seq. (Storm water Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): P:\Reports - PC\20064-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA OUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 1. Calle Tampico (Primary Arterial - Option B, 100' ROW) - No additional right of way dedication is required from the standard 50 feet from the Centerline of Calle Tampico for a total of 100-foot ultimate developed right-of-way. 2. Avenida Villa (west frontage), Avenida Navarro (Local Streets, 60' ROW) - No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 60- foot ultimate developed right-of-way. 3. Avenida Villa (south frontage); Local Street, 50' ROW) - No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 50-foot ultimate developed right-of-way. An additional 5-foot utility easement shall be established along the property line on Avenida Villa. 9. The applicant shall create perimeter landscaped setbacks along all public rights -of way as follows: A. Calle Tampico (Primary Arterial) - 20 feet from right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, remainder parcels, right-of-way reversions, and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 10. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 11. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro from TT 34038 is restricted, except for the entry drive access from Avenida Villa, which shall be shown on the recorded Final Map, along with the other vehicular access restrictions. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 14. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. 15. A right-of-way vacation process is ongoing with the Public Works Department for a portion of Calle Tampico. Final Plan recordation is contingent upon the City of La Quinta vacating this right-of-way to the applicant. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer", "surveyor", and "architect", refer to persons currently certified or licensed to practice their respective professions in the State of California. 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, r P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 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 Plan: 1 " = 40' Horizontal B. PM10 Plan: 1" = 40' Horizontal C. SWPPP: 1 " = 40' Horizontal D. On -Site Precise Grading/Storm Drain Plan: 1" = 30' Horizontal Note: Items A through D to be submitted concurrently Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 19. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 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 P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 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 21. Prior to the approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 22. 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. 23. 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. 24. 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. P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA OUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 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. 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. 25. 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. 26. 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. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 GRADING 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 28. 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. 29. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 30. 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. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform to the requirements of LQMC Section 9.6O.24O(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 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. 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. 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. 34. 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. 35. 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. P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 DRAINAGE 36. Stormwater handling shall conform with the approved hydrology and drainage report for this Tentative Tract Map. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and Public Works Department Underground Retention Basin Design Requirements submitted July 16, 2005 and revised November 17, 2005, as applicable. On -site nuisance water shall be transported through underground drainage facilities to the existing 2.5' high by 10' wide double reinforced concrete box along the south side of Calle Tampico and as approved by the City Engineer. 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. As preliminary exploratory soils borings indicate no percolation for existing soils, the percolation rate will be considered to be zero. 39. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. HT11 ITIFS 40. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 41. 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. 42. All proposed utilities shall be installed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34036.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 43. 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 44. 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), LOMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 45. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses): A. OFF -SITE STREETS 11 Calle Tampico (Primary Arterial - Option B; 100' R/W): a► No additional widening on the south side of the street along all frontage adjacent to the Tentative Map boundary. 2). Avenida Villa (along west project boundary) (Local Street, 60' ROW): a) No additional widening on the east side of Avenida Villa along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb. 3). Avenida Navarro (Local Street, 60' ROW): a) No additional widening on the west side of the street along P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Navarro right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb. c) Curb ramp and intersection curb return per City of La Quinta standards. d) Curb ramp, curb and curb return at the southerly boundary of the adjacent office building as approved by the City Engineer. 4)• Avenida Villa (along the southerly boundary) (Local Street, 50' ROW): a) No additional widening on the north side of the street along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb. c) Curb ramp and intersection curb return per City of La Quints standards. The applicant shall extend improvements beyond the development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 46. The proposed gated entry to the below ground parking garage shall be designed to have guest parking access via a pedestrian call box method to alleviate stacking at the gated entry and backing out onto Avenida Villa due to refusal, as approved by the City Engineer. Additionally, the applicant shall apply for a 2-car Loading/Stopping Zone on Avenida Villa for temporary parking of visitor's vehicles to comply with the aforementioned pedestrian call box access entry. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34036.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 The applicant shall design the gate speed for rapid entry of the visitors and residents. Resident access shall be via transponder actuation to alleviate stacking at the gated entry. Operation and maintenance the of gated entry shall be incorporated into the project CC&R's. 47. 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. 48. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenida Villa along westerly property boundary) - All turn movements are permitted. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 50. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS AND ACCESS DRIVEWAY 51. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), except where the approved plans and/or these conditions shall take precedence. Al designs shall comply with the latest ADA standards and policies. 52. The high point of the access driveway to the parking garage shall be at least one foot higher than the gutter flow line at the street. 53. Grade breaks and vertical curves at the access driveway to the parking garage shall be designed at a minimum to the Institute of Transportation Engineer's design standards and as approved by the City Engineer. P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 CONSTRUCTION 54. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. PUBLIC SERVICES 55. The applicant shall comply with all applicable requirements of the Riverside County Fire Department, as set forth under approval conditions for VUP 2005- 030. Any additional requirements not addressed therein shall also be met. QUALITY ASSURANCE 56. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 57. 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. 58. 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. 59. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans that 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 60. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. Applicant shall submit CC&R's for the project for PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 review by Public Works and Community Development, prior to their recordation. 61. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks, which shall be reflected in the tract CC&R's. FEES AND DEPOSITS 62. 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. 63. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program, as in effect at the time of issuance of building permit(s). 64. 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. 65. Tentative Tract 34038 shall provide payment of an in -lieu park dedication fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required is 0.168 acres. The fee amount will be determined when the appropriate land value information is submitted. The in -lieu payment(s) shall be based upon this acreage requirement. Payment of the in -lieu fee shall be made no later than prior to, or concurrently with, recordation of the first final map within the Tentative Map. CULTURAL RESOURCES 66. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 67. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 68. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 69. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. 70. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians, if requested by the Ramona Band in writing. 71. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Ague Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. PALEONTOLOGICAL RESOURCES 72. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to Community Development Department and shall be provided to site monitors prior to beginning of any earth -moving. 73. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 74. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 75. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 76. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. LANDSCAPING 77. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 78. 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. 79. The applicant shall submit all landscape plans, to include landscape lighting, for approval through plan checking by the Public Works Department. Community Development Department review will take place during this plan check process. When plan checking has been completed by the both Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. Additional landscape conditions under VUP 2005-030 are hereby incorporated by reference. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038 CASA LA QUINTA - BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 NOTE: Plans are not approved for construction until signed by the City Engineer. All landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcTT34038.doc PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VILLAGE USE PERMIT 2005-030 CASE NO. 2005-030 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 t" day of April, 2006, hold a duly -noticed Public Hearing to consider a recommendation on Village Use Permit 2005-030, a request to develop 20 residential condominium units on±1.23 acres, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-552, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, 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 findings to justify a recommendation for approval of Village Use Permit 2005-030: The proposed Village Use Permit 2005-030 is consistent with the La Quinta General Plan, in that the proposed project density of 16 units per acre provides for the maximum permissible density under the High Density Residential land use category of up to 16 units per acre. 2. The proposed Village Use Permit 2005-030 is consistent with the Land Use Element Vision Statement, in that the design, height, scale and mass of the project does promote a high quality, balanced character of development density, that will enhance the beauty of the surrounding mountains and desert environment. 3. The proposed Village Use Permit 2005-030 is consistent with the peresovup03O.rtf Planning Commission Resolution 2006- Village Use Permit 2005-030 Borrego Resort Holdings. Inc. April 11, 2006 provides for 66 on -site parking stalls, constituting 100% of the required total parking for the project, which exceeds that provided for other similarly zoned properties. The maximum height of the building, at 38.5 feet and 2.5 stories, exceeds the maximum allowances of the Village Commercial zoning district; however, Specific Plan 2005-076 has been submitted with development standards to allow these heights. The La Quinta Zoning Code permits Specific Plans which provide for alternative development standards, in order to allow flexibility in development provisions, which allows creativity in design and land use solutions. 4. Approval of the proposed Village Use Permit 2005-030 will not create conditions materially detrimental to the public health, safety and general welfare, injurious to or incompatible with other properties and land uses in the vicinity. The project promotes a high quality, balanced character of development density, enhances the beauty of the surrounding mountains and desert environment, provides for and promotes the preservation of open space, is compatible with surrounding development, provides adequate parking for it's residents, and promotes growth in consideration of the unique quality of life and community character that the City promotes for the Village at La Quinta and the surrounding neighborhoods. 5. The architectural design aspects of the proposed Village Use Permit 2005- 030, including but not limited to, architectural style, scale, building mass, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines. The design, height, scale and mass of the project promotes a high quality, balanced character of development density that will enhance the beauty of the surrounding mountains and desert environment. 6. The site design aspects of the proposed Village Use Permit 2005-030, including but not limited to, project density, parking provisions, interior circulation, open space amenities, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines. The project density, as proposed at 16 units per acre, is compatible with similar surrounding properties designated for a maximum permissible density of 16 units per acre. 7. The project landscaping for the proposed Village Use Permit 2005-030, including but not limited to, location, size, type and coverage of plant materials, has been designed to provide visual relief, complement the P:\Reports PC\2006\4-11-06\Borrego - CASA LQ\peresovup030.rtf Planning Commission Resolution 2006- Village Use Permit 2005-030 Borrego Resort Holdings. Inc. April 11, 2006 materials, has been designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and be consistent with the concepts in the Village at La Quinta Design Guidelines. The project provides landscaping in its interior and exterior perimeters, which accentuates the surrounding streetscapes along Avenida Villa, Avenida Navarro and Calle Tampico. The project as proposed provides for and promotes the preservation of open space, for both passive recreational and aesthetic purposes. NOW, THEREFORE, BE IT RESOLVED by the 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 Village Use Permit 2005-030 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 11"' day of April, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Acting Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\peresovup03O.rtf Planning Commission Resolution 2006- Village Use Permit 2005-030 Borrego Resort Holdings. Inc. April 11, 2006 Community Development Director City of La Quinta, California PAReports - PC\2006\4-11-06\Borrego - CASA LQ\peresovup03O.rtf PLANNING COMMISSION RESOLUTION 2006- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2005-030 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. APRIL 11, 2006 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-030 (VUP 2005-030) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts between these conditions, these conditions shall take precedence. 2. This approval shall expire two years after its effective date, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. the applicant shall be responsible for monitoring the approval and expiration dates. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Village use Permit 2005-030 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: A. Environmental Assessment 2005-552 B. Specific Plan 2005-076 C. Tentative Tract 34038 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Riverside County Fire Marshal • La Quinta Building and Safety Department • La Quinta Public Works Department (Grading Permit, Green Sheet, Public Works Clearance for Building Permits, Improvement Permit) • La Quinta Community Development Department • Riverside County Environmental Health Department ':\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup030.doc Planning Commission Resolution 2006- Conditions of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. April 11, 2006 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • Waste Management of the Desert • SCAQMD The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO1"1, prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. 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): P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup030.doc Planning Commission Resolution 2006- Conditions of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. April 11, 2006 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Approval of this Village Use Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval DROPERTY RIGHTS 3. 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. a. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer and conditioned upon Tentative Tract 34038. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Calle Tampico (Primary Arterial - Option B, 100' ROW) - No additional right of way dedication is required from the standard 50 ':\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - Recommended Village Use Permit 2005-030 - Borrego Resort Holdings, Inc. April 11, 2006 feet from the Centerline of Calle Tampico for a total of 100-foot ultimate developed right-of-way. 2. Avenida Villa (west frontage), Avenida Navarro (Local Streets, 60' ROW) - No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 60- foot ultimate developed right-of-way. 3. Avenida Villa (south frontage); Local Street, 50' ROW) - No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 50-foot ultimate developed right-of-way. An additional 5-foot utility easement shall be established along the property line on Avenida Villa. 11. The applicant shall create perimeter landscaped setbacks along all public rights - of way as follows: A. Calle Tampico (Primary Arterial) - 20 feet from right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, remainder parcels, right-of-way reversions, and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage facilities, mailbox clusters, and common areas shown on the Village Use Permit. 13. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro is restricted, except for the entry drive access from Avenida Villa, as shown on the Village Use Permit site plan and Tentative Tract 34038. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, and as applicable under Tentative Tract 34038, unless such easements are approved by the City Engineer. 16. Tentative Tract 34038 shall have been recorded prior to issuance of any permit for the main building, including foundation only permits. IMPROVEMENT PLANS - As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plans 1 " = 30' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. On -Site Precise Grading/Storm Drain Plans 1 " = 30' Horizontal NOTE: A through D to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 19. The City maintains standard plans, details and/or construction notes for elements of construction on the Public Works Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 20. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. 21. Village Use Permit 2005-030 shall comply with all applicable conditions of approval of Tentative Tract 34038, with respect to Improvement Plans, Improvement Security Agreements and other appropriate requirements. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 23. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 24. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 25. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 26. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the PAReports - PC\20064-11-06\6orrego - CASA LQ\coapcvup030.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 27. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map No. 34038, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review 28. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 29. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 30. Stormwater handling shall conform with the approved hydrology and drainage report for this Village Use Permit. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and Public Works Department Underground Retention Basin Design Requirements submitted July 16, 2005 and revised November 17, 2005, as applicable. On -site nuisance water shall be transported through underground drainage facilities to the existing 2.5' high by 10' wide double reinforced concrete box along the south side of Calle Tampico and as approved by the City Engineer. P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 32. As preliminary exploratory soils borings indicate no percolation for existing soils, the percolation rate will be considered to be zero. 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval of the City Engineer. UTILITIES 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 35. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 36. All proposed utilities shall be installed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. The applicant shall comply with all Street and Traffic Improvement conditions as specified in the approval for Tentative Tract 34038. In the P:\Reports - PC\2006\4-11-06\Borrego - CASA L0\coapcvup030.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 event that said Tentative Tract is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. PARKING LOTS AND ACCESS DRIVEWAY 38. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), except where the approved plans and/or these conditions shall take precedence. AI designs shall comply with the latest ADA standards and policies. 39. The high point of the access driveway to the parking garage shall be at least one foot higher than the gutter flow line at the street. 40. Grade breaks and vertical curves at the access driveway to the parking garage shall be designed at a minimum to the Institute of Transportation Engineer's design standards and as approved by the City Engineer. 41. Use of wheel stops is permitted in the below -grade parking area, with the exception of any parallel parking stalls. Ultimate location of wheel stops are subject to review/approval of the Community Development and Public Works Departments 42. Design and final location of all on -site trash collection facilities 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. Applicant shall provide for the required recycling facilities as dictated by Waste Management. No building permit for these facilities, or any structure related or integral to them, shall be issued without said approval. 43. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-030. 44. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. CONSTRUCTION 45. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly- P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup030.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. QUALITY ASSURANCE 46. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 47. The applicant shall employ or retain qualified engineers, surveyors, or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 48. The applicant shall arrange for, and bear the cost of, all measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods employed comply with plans, specifications and other applicable regulations. 49. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City revised to reflect the as -built conditions. 54. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks, which shall be reflected in the tract CC&R's. FEES AND DEPOSITS 50. 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. i PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup030.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 51. 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. 52. Permit(s) issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program, as in effect at the time said permit(s) are issued. 53. Applicant shall have paid the in -lieu park land dedication fees associated with TT 34038, prior to issuance of any permits for the building. 54. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. FIRE PROTECTION 55. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. Off -site fire hydrants are required every 660 feet around the perimeter of the project. 56. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 57. The water mains shall be capable of providing a potential fire flow of 4,000 gpm and the actual fire flow from any two adjacent hydrants shall be 2,000 gpm for a 2-hour duration at 20-psi residual operating pressure. 58. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Area separation walls may not be used to reduce the need for fire sprinklers. Sprinkler plans will need to be submitted to the Fire Department. 59. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note: A 13R fire sprinkler may be considered for this project, if it is approved FDC connections may be wall mounted, contact the fire department for details. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 60. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. Any submissions to the fire department are the responsibility of the applicant. 61. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 62. 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. 63. Fire Department street access shall come to within 150 feet of all portions of the 1'. floor of all buildings, by path of exterior travel. Minimum road width is 24 feet clear and unobstructed with a vertical clearance of 13 Y2 feet clear. Turning radiuses shall be no less than 38 feet outside. 64. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 24 feet wide with a height of 13"6" clear and unobstructed. 65. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application) 66. Install portable fire extinguishers as required by the California Fire Code. COMMUNITY DEVELOPMENT 67. The applicant shall submit a detailed project exterior area lighting plan. All lighting improvements, including parking level lighting, exterior balconies, patios, etc., shall meet the criteria set forth in Chapter 9.150 and Section 9.100.150, LQMC, as related to lighting for the site. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting, but is prohibited on exterior and interior balconies and patios. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. Plans shall include detailed specifications and photos, etc., of all exterior lighting P:\Reports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 fixtures. Landscape -specific lighting shall be submitted as part of landscape plan review. 68. 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. 69. An acoustical analysis shall be prepared for the building's interior and exterior spaces of the residential units. The analysis shall demonstrate that these areas comply with the respective interior/exterior CNEL standards of the La Quinta General Plan, as in effect at the time of building permit application. In addition, the analysis shall address the location of the project in the context of surrounding land use. The Village Commercial district allows a broad range of land uses, including commercial, retail, restaurant, recreation and entertainment, all of which are in close proximity of this project. The analysis shall provide recommendations for noise reduction measures, in consideration of this. 70. The project CC&R's submitted for review by the City, shall include a comprehensive disclosure statement regarding noise, light, glare, and assembly of people associated with the Village land use designation applied to the surrounding properties. 71. A final material and color specifications plan/palette shall be submitted to the Community Development Department as part of the building plan check process. The plan shall outline all exterior colors and materials to be used and shall include samples to the extent it is reasonable, in terms of sample size, quantities, etc. Once approved, the approved materials and colors shall be referenced in the architectural details, construction notes, etc. (as appropriate) of the final plan review set. 72. The building plans submitted for plan check shall incorporate the following revisions: A. The tile roof material shall be a two-piece mission clay style, and shall incorporate a full mudded treatment. B. Provide recessed windows, eave extensions and other elements that PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 will achieve a greater degree of solar control, particularly on the west building elevation. C. Building edges shall incorporate rounded corners. D. All exposed wood trellis structures shall be pressure -treated or a glue - lam construction. E. The access stairway at the southeast of the building shall be revised in a manner to reduce the appearance of excessive protrusion from the main building structure. Review of this requirement shall be accomplished at the staff level during plan check. The design shall address potential safety and security concerns, as well as better integration into the overall building design. F. All balcony, patio, courtyard, gates and other fencing shall employ authentic wrought iron in their design throughout the project. This includes the common area pool fencing. The vehicle entry gate shall be of a decorative design with a painted or other finish, and not a standard metal gate. G. Exterior lighting fixtures shall be of an upgraded quality and shall attach to the building, with no recessed lighting to be used in exterior building features; soffits, balcony and patio areas. H. The exposed stone effect shown on the courtyard elevations shall be removed, in favor of the overall smooth plaster finish. CULTURAL RESOURCES 73. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 74. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 75. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 76. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. 77. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians. 78. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Ague Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. PALEONTOLOGICAL RESOURCES 79. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to Community Development Department and shall be provided to site monitors prior to beginning of any earth -moving. 80. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth -moving permit, or before any clearing of the site is begun. 81. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 82. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 83. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. LANDSCAPING 84. The applicant shall submit all landscape plans, to include landscape lighting, for approval through plan checking by the Public Works Department. Community Development Department review will take place during this plan check process. When plan checking has been completed by the both Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. NOTE: Plans are not approved for construction until signed by the City Engineer. All landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 85. On -site landscape, landscape lighting and irrigation plans shall be submitted for review by the ALRC and approval by the Community Development Director. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission, which shall conform to the provisions of Specific Plan 2005-076 (Section 4.22, Landscaping, and Appendix C, Landscape Palette). 86. An area -specific design and landscape plan shall be submitted for the common interior courtyard and pool area, subject to review by the ALRC and final approval of the Community Development Director. The plan shall address definition of private/public, passive/active, and other spatial relationships, through the use of landscaping, low walls, water features and other focal elements, shading, etc. This plan shall be approved prior to issuing a building permit for the residential units. 87. 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. PAReports - PC\2006\4-11-06\Borrego - CASA LQXcoapcvup03O.doc Planning Commission Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-030 April 11, 2006 88. Additional plant materials, such as shrubs, vines, and similar, shall be employed at the building base and planted so as to accent the blank wall areas at the lower elevations between the grade and below the first floor window lines. Use of berms shall also be considered. A retaining/planter wall plan will be required with the overall landscaping plan layout, if such walls will be provided or required. 89. All planting pots, and/or other similar containers, shall be placed at appropriate intervals and automatic irrigation shall be provided to all such containers. Second -story planter areas and/or containers shall incorporate or tie into the building down drain system, to avoid discoloration damage to the building finishes. PAReports - PC\2006\4-11-06\Borrego - CASA LQ\coapcvup030.doc ATTACHMENT 1 VICINITY MAP WAS GUIDE COORDINATES PAGE 849 F-7 AVENUE 50 PROJECT S/TE o . o CAALE TAMPICO Uzi fii, a Quinta SEC, 1 T6S ME NO SCALE OCK ATTACHMENT ef Project Area ' F 24 � I 11Q 1 20 Q !aO 16 a I is + J �l7 !R 1 7 w Sala in fee �O 100 Project Location Map o36 (Block 123) Scale Infmim La Ouinta, Califomia. ATTACHMENT 3 ---t---=------------ lI i . I --� ..:- -- -- -------------- N.AP. I I I I 0 sue Pl.00RANALY8I4 gp451 qpGARAGE Tp.WA1p14 I!{qp ' O.U.NfiABe4 )yygp NBflaRlOG1.4Yp! 1 I )1* LEVEL I ! KAA �a8a �a `Z�s�sta I.a (7..�1„��Ce1lYomie KNITTER a A B BOCIATEB gWRm�6pdnYp HORRHOO RESORT molw3r es I o«ertawlsew��TT ATTACHMENT , I 1 1 , I I 1 I 1 1 I 1 h 1 � 9 ATTACHMENT 5 Z* S 1 I I I Fm M I 7 AV81mA NAVAN90 -� � Q's - • , � o Tal _ 1 5D s~ a Ls"v sp Q _ ,YAgFE 5 x.Ca ke LO C€& R = g ^$i 'i/Wye W k id pi va Z 9g;P g' As As € Q x[�!�s b aB R@ GB ¢ll gA 6Y"l I - �k8 F aY Aii qq X¢ Rr 95� 60. RyQ 't,F. 'eq &B$a �6za 4 F`'e 34 �¢?�k¢ !¢ ^4 s �AAll F k' a � X as • i p i_S kn 3 N 4 4 8ai t p' ea19R4 i� fie lRt ��R ilk Reg Xy_ 41 key ¢NF€ Ff Eq Sg$t sxX� wm §g .'Ja€€ i e .x p¢ Q■ ¢v YR T�t- RERC MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMM A Regular meeting held at the La Qt 78-495 Calle Tampico, La Qui March 1, 2006 CALL TO ORDER ATTACHMENT 6 PfEE MEETING :v Hall CA 10:00 a.m. A. This meeting of the Architec ral and Landscaping Review Committee was called to order at 10:0 a.m. by Planning Manager Les Johnson. B. Committee Members r esent: Bill Bobbitt, Frank Christopher, and Tracy Smith. C. Staff present: Plan ing Manager Les Johnson, Principal Planner Stan Sawa, Associate lanners Wallace Nesbit and Andrew Mogensen, and Executive Secre ry Betty Sawyer. II. PUBLIC III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CAXENDAR: A. Ther being no changes to the minutes of February 1, 2006, it was mo ed and seconded by Committee Members Christopher/Bobbitt as co rected. Unanimously approved. V. BUSINESS ITEMS: A. Village Use Permit 2005-030; a request of Borrego Resort Holdings, Inc., for consideration of architectural and landscaping plans for four (/ prototypical residential plans for a 20-unit, two and one-half story residential condominium building in the Village, located on the south side of Calle Tampico, bounded by Avenida Villa and Avenida Navarro. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. Del Oakes of Knitter & Associates, Sergio Sendowsky, architect, and Rich Wilde of Leyva & Wilde Landscape Architects, who gave a presentation on the project. Staff noted the setback requirements that were implemented on the project. 1 G:%W PDOCS%ALRC%3-1-06. DO C Architecture and Landscaping Review Committee March 1, 2006 2. Committee Member Tracy asked the distance from the gate to the street; how much vehicle stacking is allowed. Mr. Sendowsky stated one car stacking with a key card entrance. Mr. Oakes stated the roof equipment will be in a well and cannot be seen from the street. 3. Committee Member Bobbit asked if the windows would be recessed. Mr. Oakes stated yes. It will be approximately two feet. Committee Member Bobbitt asked what type of the would be used. Mr. Sendwsky stated it will be two piece clay the but, they do not know if it will be a two-piece mudded tile. 4. Committee Member Christopher asked that the the match what is next door. He asked that as staff is looking at these projects, keep in consideration the massing of the buildings to keep heights staggered and retain the view corridor for the pedestrian. Staff stated this was a large issue with this project to take into consideration for future buildings. 5. Committee Member Bobbitt asked what the material of the wood trellis would be. Mr. Sendowsky stated it would be wood. Committee Member Bobbitt asked that it not be wood, but an alternative material. He also asked what material would be used on the railings. Mr. Sendowsky stated it was a treated material. Committee Member Bobbitt stated the Queen Palms has become short term in its usefulness. They tend to last about ten years. It has become a replaceable tree and they have pulled them off their plant list. He noted the size of the plants as stated on the plans as being large and wanted to know if they would be that size when planted. Mr. Wilde stated yes. Committee Member Bobbitt recommended using a small shrub instead of, or in addition to the ground cover. Maybe a less broad plant pallet with a more denseness of species. 6. Committee Member Smith asked that the pots be hooked up to a drainage and watering system. 7. Committee Member Christopher asked if the adjoining building had a larger setback and if so why. Staff stated because they have a courtyard area in the front. Committee Member Christopher asked the width of the sidewalk. Staff stated five feet adjacent to the curb. 1 GAWPD0CS\ALRC\3-1-06.D0C 2 Architecture and Landscaping Review Committee March 1, 2006 8. Committee Member Bobbitt asked if there will be available street parking. Staff stated it will be available. Committee Member Bobbitt stated he too is concerned with the number of taller massing buildings and hoped staff would take this into consideration when reviewing the projects as they come in. 9. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2006-005 recommending approval of Village Use Permit 2005-030, as recommended and as follows: a. Roof tile shall be mudded if the adjoining property is. b. Railings shall be decorative and not standard vertical railing. C. Exposed wood trellis shall be pressure treated or glulam construction Unanimously approved. B. Site Development Permit 2006-853; a request of Transwest Housing for consideration of architectural plans for 11 prototypical residential oor plans for Tract 32879 (Griffin Ranch) located on the south side o Avenue 54, east side of Madison Street, north side of Greg Norman Co se and 'A mile wets of Monroe Street. 1. ssociate Planner Wallace Nesbit presented the information c tained in the staff report, a copy of which is on file in the Co munity Development Department. Staff introduced Mr. JerryXIerman and Marty Butler of Transwest Housing, and Kirk McKinlby, AIA, who gave a presentation on the project. 2. Committe Member Christopher asked the location of the equestrian 'te. Ms. Butler explained the horses would be located on a 1 acre parcel that was purchased adjacent to the project site. 3. Committee Member bbitt asked the location of the trails. Ms. ails Butler stated the trll run throughout the project on a trail system that will join up with the City's multi -purpose trail system. 4. Committee Member Christoph asked the size of the units. Ms. Butler went over the project yout of the units. I GAWPDOCS\ALRC\3-1-O6. DOC 3 BI #A STAFF REPORT PLANNING COMMISSION )ATE: APRIL 11, 2006 kPPLICANT: CITY OF LA QUINTA tEQUEST: DISCUSSION AND DETERMINATION ON WHETHER OR NOT CIGAR LOUNGES ARE A PERMITTED USE, PROHIBITED USE, OR CONDITIONAL USE IN THE NON-RESIDENTIAL ZONING DISTRICTS IACKGROUND: staff received a request from Mr. Jason Granados to open a cigar lounge in the Point sappy commercial development. The applicant's proposed principle use of the proposed :igar lounge would be the sale of numerous types of cigars and cigar accessories. The ;ale of beer, wine, and wine accessories has been proposed as a secondary use. A etter from Mr. Granados that furthers explains his proposal has been provided Attachment 1►. :igar lounges are not a listed use in LQMC Section 9.80.040 "Table of Permitted Uses." 3er 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 fefined by the Zoning Code is permitted. Retail sales of tobacco product are permitted n the Village Commercial zone. Planning Commission determinations need to focus on !oning districts and standards not specific proposals. _QMC Section 9.20.040, "Land Uses Not Listed," states, "any determination on a )roposed unlisted use may be referred to the Planning Commission as a non -hearing item f the Director determines on a case -by -case basis that the public interest would be Setter 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 cigar lounge should be allowed as a Permitted use or conditional use, and which zoning district(s) (other than the Village District) should they be allowed to locate within. The State of California does regulate smoke shops and indoor smoking via Labor Code 6404.5 (Attachment 2), which states that the California Smoking Ordinance would not apply to retail tobacco shops and private smokers' lounges. "Retail tobacco shop" is defined as any business establishment whose main purpose is the sale of tobacco products, including, but not limited to cigars, pipe tobacco, and smoking accessories. "Private smokers' lounge" is defined as any enclosed area attached to a retail tobacco hop that is dedicated to the use of tobacco products, including, but not limited to cigars nd pipes. 'he La Quints Municipal Code does mention smoke shops/lounges in Section 6.18.030 Prohibition of smoking in public places" and Section 6.18.050 "Where smoking is not egulated" (Attachment 3). Section 6.18.030 states that smoking shall be prohibited in II enclosed public places, with a number of exceptions. One such exception includes all seas within retail tobacco stores. Section 6.18.050 lists tobacco retail stores as an area hat shall not be regulated by the LQMC smoking restrictions. 1NALVSIS: here are established cigar lounges in numerous cities, including Palm Desert and Rancho Airage. Cohiba, the cigar lounge in Rancho Mirage, is considered a permitted use. Cigar hops/smoke shops in Palm Desert are permitted. However, a cigar lounge, with the bility to smoke within the establishment, as well as the service of alcohol, would squire a Conditional Use Permit. Neither of these businesses currently serve beer, wine, ,r spirits. ks previously identified in the State Labor Code definitions, a cigar shop/smoke shop oes not accommodate the consumption of a product while a cigar lounge does. ypically, cigar lounges not only focus upon the sale of fine cigars, but also provide ccommodations for on -site consumption that may include sofas, chairs, televisions, and 3rge private humidor lockers. ;igar lounges have the ability to operate reasonably and without incident if the use is arefully regulated. Issues associated with this type of establishment that should be onsidered by the Commission are: The appropriate zoning district(s) that cigar lounges would be permitted, either conditionally or outright. The zoning designations recommended for consideration are the CR — Regional Commercial and CC — Community Commercial zones. If service of alcohol is permitted, the use would be considered a bar, tavern, or cocktail lounge, and would be regulated with a Conditional Use Permit. According to LQMC Section 9.65.020, retail merchandise sales of tobacco products, cocktail lounges, sports bars/lounges, bars/grills, nightclubs, and similar uses are permitted in the VC — Village Commercial District with approval of a Village Use Permit. Determine the parking requirement for cigar lounges. Cigar sales only would utilize the general retail parking ratio, which is one space/200 sq. ft. If there is onsite consumption of alcohol, the parking ratio for bars, pubs, and cocktail lounges would be used, which is one space/50 sq. ft. 4. Limiting cigar lounges to providing services, amenities and retail goods to those associated with such an establishment (excluding service of alcohol). 5. There may be a conflict with California State law and local smoking ordinances with onsite consumption of beer, wine, and spirits. Further evaluation would take place during review of the Conditional Use Permit. Smoking may be prohibited. tECOMMENDATION: Aaff recommends the Planning Commission consider the following options and provide appropriate direction to staff: Allow cigar lounges without the service of beer, wine, and spirits as a permitted use in the City's commercial zones; Consider cigar lounges with onsite consumption of alcohol as a conditional use or prohibited (wherever bars are prohibited); or 3. Prohibit cigar lounges and/or smoke shops. %ttachments: I . Letter from Mr. Granados requesting determination 2. California Labor Code 6404.5 3. LQMC Section 6.18.030 & Section 6.18.050 'regared by: i JAY WUU, Assistant Planner Attachment 1 JASON GRANADOS PO BOX 1813 INDIO, CA. 92202 (760)275-6663 To: Community Development Department Ref: Cigar lounge Dear Sir's I am interested in opening a cigar lounge in the city of La Quinta. I realize many people may have preconceived ideas about what a cigar lounge may look like or the clientele it would cater too. Please allow me to explain. Many people in our community do enjoy fine cigars. Fine cigars can range in price from $15.00 dollars each to $50.00 each. Most people that enjoy these types of cigars are older professionals. I would be catering to this type of clientele. This business would feature a large walk-in humidor made of Brazilian cedar. This would be a main aesthetic feature of the business. I would also like to serve beer and wine on site and would later apply for a complete liquor license. The business would have varying hours of operation between the hours of 11:00 am and 11:00 pm. It would also be for adults only. The business would offer a selection of fine cigars from around the globe. It would also offer a selection of fine wines and beers also from around the globe. The interior of the business would have a large amount of wood work and leather seating. It would also feature flat panel TVs throughout the business. The business would allow persons a place to enjoy a fine cigar, relax and have a glass of wine or beer if they wish. The business would also offer accessories and storage devises for cigars and wines. Examples of these would include cigar humidors and small wine racks. I would ask that you look at a cigar lounge called "The Cohiba", which is located at "The River" in Palm desert. This would give you a perfect example of the type of operation, which I would like to open. Locations of Interest: I am interested in the Point Happy development located at the NM comer of 111 and Washington st. Other locations of consideration are the S/E corner of Washington and 111 between ave 47 and hwy 111. I am also looking at Hwy 111 at Dune Palms on the NM corner at the La Quinta Valley Plaza. I have already started discussing my idea with the realtors responsible for "Point Happy" and the La Quinta Valley Plaza. Before I can proceed with any type of lease I would like your approval for this type of business in your city. I have attached some photos for your review. The photos are of other cigar lounges located throughout the state as well as other parts of the country. Thank you in advance for reviewing this business idea. Jason Granados Attachment 2 Smoking Ordinance California Codes Labor Code Section 6404.5 6404.5. (a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the smoking of tobacco products in all (100 percent of) enclosed places of employment in this state, as covered by this section, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the intent of the Legislature to create a uniform statewide standard to restrict and prohibit the smoking of tobacco products in enclosed places of employment, as specified in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees, and also to eliminate the confusion and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions. Notwithstanding any other provision of this section, it is the intent of the Legislature that any area not defined as a place of employment pursuant to subdivision (d) or in which the smoking of tobacco products is not regulated pursuant to subdivision (e) shall be subject to local regulation of smoking of tobacco products. (b) No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment. (c) For purposes of this section, an employer who permits any non - employee access to his or her place of employment on a regular basis has not acted knowingly or intentionally if he or she has taken the following reasonable steps to prevent smoking by a non -employee: (1) Posted clear and prominent signs, as follows: (A) Where smoking is prohibited throughout the building or structure, a sign stating "No smoking" shall be posted at each entrance to the building or structure. (B) Where smoking is permitted in designated areas of the building or structure, a sign stating "Smoking is prohibited except in designated areas" shall be posted at each entrance to the building or structure. (2) Has requested, when appropriate, that a non -employee who is smoking refrain from smoking in the enclosed workplace. For purposes of this subdivision, "reasonable steps" does not include (A) the physical ejection of a non -employee from the place of employment or (B) any requirement for making a request to a non -employee to refrain from 1 smoking, under circumstances involving a risk of physical harm to the employer or any employee. (d) For purposes of this section, "place of employment" does not include any of the following: (1) Sixty-five percent of the guest room accommodations in a hotel, motel, or similar transient lodging establishment. (2) Areas of the lobby in a hotel, motel, or other similar transient lodging establishment designated for smoking by the establishment. An establishment may permit smoking in a designated lobby area that does not exceed 25 percent of the total floor area of the lobby or, if the total area of the lobby is 2,000 square feet or less, that does not exceed 50 percent of the total floor area of the lobby. For purposes of this paragraph, "lobby" means the common public area of an establishment in which registration and other similar or related transactions, or both, are conducted and in which the establishment's guests and members of the public typically congregate. (3) Meeting and banquet rooms in a hotel, motel, other transient lodging establishment similar to a hotel or motel, restaurant, or public convention center, except while food or beverage functions are taking place, including setup, service, and cleanup activities, or when the room is being used for exhibit purposes. At times when smoking is not permitted in a meeting or banquet room pursuant to this paragraph, the establishment may permit smoking in corridors and prefunction areas adjacent to and serving the meeting or banquet room if no employee is stationed in that corridor or area on other than a passing basis. (4) Retail or wholesale tobacco shops and private smokers' lounges. For purposes of this paragraph: (A) "Private smokers' lounge" means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes. (B) Retail or wholesale tobacco shop" means any business establishment the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories. (5) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking employees are present. (6) Warehouse facilities. For purposes of this paragraph, "warehouse facility" means a warehouse facility with more than 100,000 square feet of total floor space, and 20 or fewer full-time employees working at the facility, but does not include any area within a facility that is utilized as office space. (7) Gaming clubs, in which smoking is permitted by subdivision (f). For purposes of this paragraph, "gaming club" means any gaming club, as defined in Section 19802 of the Business and Professions Code, or bingo facility, as defined in Section 326.5 of the Penal Code, that restricts access to minors under 18 years of age. 11 (8) Bars and taverns, in which smoking is permitted by subdivision (f). For purposes of this paragraph, "bar" or "tavern" means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. "Bar or tavern includes those facilities located within a hotel, motel, or other similar transient occupancy establishment. However, when located within a building in conjunction with another use, including a restaurant, "bar" or "tavern" includes only those areas used primarily for the sale and service of alcoholic beverages. 'Bar" or "tavern" does not include the dining areas of a restaurant, regardless of whether alcoholic beverages are served therein. (9) Theatrical production sites, if smoking is an integral part of the story in the theatrical production. (10) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted. (11) Private residences, except for private residences licensed as family day care homes, during the hours of operation as family day care homes and in those areas where children are present. (12) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code. (13) Breakrooms designated by employers for smoking, provided that all of the following conditions are met: (A) Air from the smoking room shall be exhausted directly to the outside by an exhaust fan. Air from the smoking room shall not be recirculated to other parts of the building. (B) The employer shall comply with any ventilation standard or other standard utilizing appropriate technology, including, but not limited to, mechanical, electronic, and biotechnical systems, adopted by the Occupational Safety and Health Standards Board or the federal Environmental Protection Agency. If both adopt inconsistent standards, the ventilation standards of the Occupational Safety and Health Standards Board shall be no less stringent than the standards adopted by the federal Environmental Protection Agency. (C) The smoking room shall be located in a nonwork area where no one, as part of his or her work responsibilities, is required to enter. For purposes of this paragraph, "work responsibilities" does not include any custodial or maintenance work carried out in the breakroom when it is unoccupied. (D) There are sufficient nonsmoking breakrooms to accommodate nonsmokers. (14) Employers with a total of five or fewer employees, either full-time or part-time, may permit smoking where all of the following conditions are met: (A) The smoking area is not accessible to minors. (B) All employees who enter the smoking area consent to permit smoking. No one, as part of his or her work responsibilities, shall be required to work r in an area where smoking is permitted. An employer who is determined by the division to have used coercion to obtain consent or who has required an employee to work in the smoking area shall be subject to the penalty provisions of Section 6427. (C) Air from the smoking area shall be exhausted directly to the outside by an exhaust fan. Air from the smoking area shall not be recirculated to other parts of the building. (D) The employer shall comply with any ventilation standard or other standard utilizing appropriate technology, including, but not limited to, mechanical, electronic, and biotechnical systems, adopted by the Occupational Safety and Health Standards Board or the federal Environmental Protection Agency. If both adopt inconsistent standards, the ventilation standards of the Occupational Safety and Health Standards Board shall be no less stringent than the standards adopted by the federal Environmental Protection Agency. This paragraph shall not be construed to (i) supersede or render inapplicable any condition or limitation on smoking areas made applicable to specific types of business establishments by any other paragraph of this subdivision or (ii) apply in lieu of any otherwise applicable paragraph of this subdivision that has become inoperative. (E) Paragraphs (13) and (14) of subdivision (d) shall not be construed to require employers to provide reasonable accommodation to smokers, or to provide breakrooms for smokers or nonsmokers. (f) (1) Except as otherwise provided in this subdivision, smoking may be permitted in gaming clubs, as defined in paragraph (7) of subdivision (d), and in bars and taverns, as defined in paragraph (8) of subdivision (d), until the earlier of the following: (A) January 1, 1998. (B) The date of adoption of a regulation (i) by the Occupational Safety and Health Standards Board reducing the permissible employee exposure level to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees or (ii) by the federal Environmental Protection Agency establishing a standard for reduction of permissible exposure to environmental tobacco smoke to an exposure level that will prevent anything other than insignificantly harmful effects to exposed persons. (2) If a regulation specified in subparagraph (B) of paragraph (1) is adopted on or before January 1, 1998, smoking may thereafter be permitted in gaming clubs and in bars and taverns, subject to full compliance with, or conformity to, the standard in the regulation within two years following the date of adoption of the regulation. An employer failing to achieve compliance with, or conformity to, the regulation within this two-year period shall prohibit smoking in the gaming club, bar, or tavern until compliance or conformity is achieved. If the Occupational Safety and Health Standards Board and the federal Environmental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety Standards Board shall be no less stringent than the regulations of the federal Environmental Protection Agency. (3) If a regulation specified in subparagraph (B) of paragraph (1) is not adopted on or before January 1, 1998, the exemptions specified in paragraphs (7) and (8) of subdivision (d) shall be inoperative on and after January 1, 1998, until a regulation is adopted. Upon adoption of such a regulation on or after January 1, 1998, smoking may thereafter be permitted in gaming clubs and in bars and taverns, subject to full compliance with, or conformity to, the standard in the regulation within two years following the date of adoption of the regulation. An employer failing to achieve compliance with, or conformity to, the regulation within this two-year period shall prohibit smoking in the gaming club, bar, or tavern until compliance or conformity is achieved. If the Occupational Safety and Health Standards Board and the federal Environmental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety and Health Standards Board shall be no less stringent than the regulations of the federal Environmental Protection Agency. (4) From January 1, 1997, to December 31, 1997, inclusive, smoking may be permitted in gaming clubs, as defined in paragraph (7) of subdivision (d), and in bars and taverns, as defined in paragraph (8) of subdivision (d), subject to both of the following conditions: (A) If practicable, the gaming club or bar or tavern shall establish a designated nonsmoking area. (B) If feasible, no employee shall be required, in the performance of ordinary work responsibilities, to enter any area in which smoking is permitted. (g) The smoking prohibition set forth in this section shall constitute a uniform statewide standard for regulating the smoking of tobacco products in enclosed places of employment and shall supersede and render unnecessary the local enactment or enforcement of local ordinances regulating the smoking of tobacco products in enclosed places of employment. Insofar as the smoking prohibition set forth in this section is applicable to all (100 percent of) places of employment within this state and, therefore, provides the maximum degree of coverage, the practical effect of this section is to eliminate the need of local governments to enact enclosed workplace smoking restrictions within their respective jurisdictions. (h) Nothing in this section shall prohibit an employer from prohibiting smoking in an enclosed place of employment for any reason. (i) The enactment of local regulation of smoking of tobacco products in enclosed places of employment by local governments shall be suspended (I only for as long as, and to the extent that, the (100 percent) smoking prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judicial action so that the (100 percent) smoking prohibition is no longer applicable to all enclosed places of employment in California, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, any area not defined as a "place of employment or in which the smoking is not regulated pursuant to subdivision (d) or (e), shall be subject to local regulation of smoking of tobacco products. (j) Any violation of the prohibition set forth in subdivision (b) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies including, but not limited to, local health departments, as determined by the local governing body. (k) Notwithstanding Section 6309, the division shall not be required to respond to any complaint regarding the smoking of tobacco products in an enclosed space at a place of employment, unless the employer has been found guilty pursuant to subdivision (j) of a third violation of subdivision (b) within the previous year. (1) If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision of application, and to this end the provisions of this act are severable. (I Imomun m suwr uig al puum p,acvb. La Quints Munidpal Code Up Previous Next Main Title 6 HEALTH AND SANITATION Chapter 6.18 SMOKING IN PUBLIC PLACES 6.18.030 Prohibition of smoking in public places. Search ATTACHMENT 4 Smoking shall be prohibited in all enclosed public places within the city of La Quinta, including, but not limited to, the following places, and with the following exceptions: 1. Elevators; 2. Buses, taxicabs, and other means of public transit under the authority of the city of La Quinta, and ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent the establishment of a maximum of twenty-five percent of a given waiting room as a smoking area; 3. Restrooms; 4. Service lines; 5. Retail stores, except areas in said stores not open to the public and all areas within retail tobacco stores; 6. All areas available to and customarily used by the general public in all business and nonprofit entities patronized by the public, including but not limited to, attorneys' offices, banks and other offices; Public areas of aquariums, galleries, libraries and museums when open to the public; 8. Any building not open to the sky which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production; 9. Sports arenas and convention halls, except in designated smoking areas; 10. Every room, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city of La Quinta or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city; 11. Waiting rooms, hallways, wards and semiprivate rooms of health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted; 12. Polling places; 13. Restaurants, subject to the provisions of Section 6.18.045. (Ord. 205 § 1, 1992; Ord. 200 § 1 (part), 1992) r 4/7/2001 ,nere smoKntg not reguiateu. uup.nwww.ywuc.uo/�vucallayu,u.mv,cw.pup:,vp,� v- _ o- La Quinta Municipal Code Up Previous Next Main Search Print Title 6 HEALTH AND SANITATION Chapter 6.18 SMOKING IN PUBLIC PLACES 6.18.050 Where smoking not regulated. A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: 1. Bars; 2. Private residences, except when used as a child care or health care facility; 3. Hotel and motel rooms rented to guests; 4. Tobacco retail stores; 5. Hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions. B. Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment a nonsmoking establishment. (Ord. 205 § 3, 1992; Ord. 200 § 1 (part), 1992) (, 4/7/200