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2006 05 09 PCTwyl 4 4 Qum& 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 MAY 9, 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 2006-022 Beginning Minute Motion 2006-009 1. CALL TO ORDER 11. 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 April 11, 2006. GAWPDOCS\PC Minutes\1 AgendaW.doc V. PUBLIC HEARING: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item ................ CONTINUED - 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 2006-858 Applicant ......... Standard Pacific Coachella Valley Location .......... North side of Avenue 58, west of Madison Street Request ........... Consideration of architectural and landscape plans for three prototypical residential plans for use in Tracts 32279 and 33336. Action ............. Minute Motion 2006- C. Item ................ SIGN APPLICATION 2005-932 Applicant ......... Chad Addington, Sign -A -Rama for Vista De Montana Location .......... North side of Calle Amigo and west of Desert Club Drive Request ........... Consideration of a request for a Sign Program to serve two office buildings in the Village Commercial District Action ............. Minute Motion 2006- VI. BUSINESS ITEM: A. Item ................ SIGN APPLICATION 2006-976 Applicant ......... AKC Services for Bed Bath and Beyond Location .......... North side of Highway 111, east of Adams Street, in the Pavilion Shopping Center Request ........... Consideration of a request to approve a business identification sign. Action ............. Minute Motion 2006- G:\WPDOCS\PC Minutes\1 AgendaW.doc VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of May 2, 2006. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on May 23, 2006, at 7:00 p.m. DECLARATION OF POSTING I, Betty J. Sawyer, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, May 9, 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, May 5, 2006. DATED: May 5, 2006 BETTY J.4 WYER, 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 AgendaMdoc PH #A STAFF REPORT PLANNING COMMISSION DATE: MAY 9, 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 PAReports - PC\2006\5-9-06\Palmers VUP 06-033 and TPM 34416\5-9-06 Staff Report VUP 06-033 TPM 34416.rtf BACKGROUND: The Planning Commission continued this item from their April 11, 2006 meeting with the direction for staff to further review the parking, exterior lighting, and prior case history, and for the applicant to provide exhibits identifying site -lines and building perspectives. The applicants conducted their site -line perspectives study on April 18, 2006, with staff and neighbors in attendance. Project History Review: A General Plan Amendment (GP 00-071), Zone Change (ZC 00-096), and Village Use Permit (VUP 00-04) for the existing Arnold Palmer's Restaurant were all approved by the City Council on February 6, 2001. In that project, portions of the current Palmer's site abutting the existing Calle Cadiz residences were rezoned from Low and Medium Density Residential to Village Commercial. The portion of the site immediately adjacent to Desert Club Drive was zoned Village Commercial prior to the restaurant's rezoning. Prior to the rezoning, the property was a remnant of the Tradition development from the Avenue 52 realignment. Palmer's Restaurant has been in operation since 2003. Staff reviewed the conditions of approval for the existing restaurant and the list of dedications on the recorded parcel map. The results of that review were that there are no unresolved conditions in regards to landscaping, lighting, parking, or dedications of open space. 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 as a part of the Parking Management Program. P:\Reports - M2006\5-9-06\Palmers VUP 06-033 and TPM 34416\5-9-06 Staff Report VUP 06-033 TPM 34416.rtf Village Use Permit Office Building Request: 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 facade, wood accents, and landscaping palate. The two story structure has been designed in a N" shape with individual tenant access via the rear exterior of the structure. 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. Building masses on all sides of the structure are varied with a trellised balcony built over first floor office space, a central rotunda with increased setbacks at the corner, and exterior uncovered stairwells. At the interior rear of the structure, the inverted "V" shape should present an impression of greater distance from the existing restaurant. The building will be setback 25 feet from the right of way on Avenue 52 and will be setback from 5 to 9 feet from the right of way along Desert Club Drive. The Village Commercial development standards allow for zero setbacks. Site Line Study: On Tuesday, April 18, the applicants conducted a site -line perspectives demonstration at the proposed office building site. Two sets of balloons were raised in order to demonstrate the height and location of the proposed building. The first balloon was raised to 31 feet, representing the peak roofline from the north portion of the building closest to the adjacent residential property owners. The second balloon was raised to 35 feet, representing the peak of the center rotunda. During the event, the applicants went door to door and contacted only those residents whose properties immediately abut the Palmer's site or those individuals who spoke at the previous public hearing. At the time of contact, the applicants requested permission of those residents to photograph the balloon site lines from the property owner's backyards. The applicants did not prepare a public notification package for the event. Skip Lench and Azziz Tadros, two residents who raised concerns about the project at the April 11, 2006 Planning Commission, hearing were in attendance. The applicant has provided CD-ROM, DVD, and photographic exhibits of the site -line study results taken from various perspectives around the proposed office building (Attachment 3). PAReports - PC\2006\5-9-06\Palmers VUP 06-033 and TPM 34416\5-9-06 Staff Report VUP 06-033 TPM 34416.rtf Staff was in attendance during the site line study to verify the findings. Based upon their review of the placement and height of the balloons, staff believes that the applicants' representation of building height and location were accurate. Due to the method of notification and the need to be more inclusive of additional surrounding property owners, staff has recommended to the applicants that they re -conduct the balloon raising with ample advance public notification by mail or flier to those properties listed the notification package. The applicants have elected not to do so, citing their prepared exhibits recording the event as adequate. Landscaping Buffer: Staff reviewed the existing landscaping buffer along the northern portion of the existing Palmer's Restaurant. There is a 6 foot high block wall currently in place with a 17 foot wide landscaped area between the existing parking lot and the neighboring residences. The landscaping along the wall consists of various flowering shrubs and mature California Fan Palm trees with significant foliage ranging 25 to 30 feet in height. Each of the residential properties has landscaped hedges planted within their rear yards, ranging from two to five feet higher than the existing block wall. Restaurant parking spaces adjacent to the residences have been designed in a parallel configuration to reduce headlight glare. Outdoor Lighting: The existing freestanding outdoor lighting fixtures within the parking lot are generally 13'9" in height and consist of a shoebox design. Around the restaurant, there are a handful of trees with focused lighting fixtures. Staff made an evening visit to the site for a conformance review of the existing outdoor lighting. The lighting was observed to be in conformance with the City's Outdoor Lighting Ordinance and the conditions of approval for the existing restaurant. The applicant has agreed to more closely monitor the maintenance of existing outdoor lighting fixtures in regards to brightness, focal direction, and glare. Parking Management Program: The proposed 13,171 square foot office building will provide 26 parking spaces. 52 parking spaces are required under the City's parking standard of one space per 250 square feet. The adjacent Palmer's Restaurant has a parking surplus of 28 spaces. With a reciprocal access and parking agreement, both properties will comply with City parking requirements. As a part of the Parking Management Program, hours of operation for the proposed office building will generally be the standard weekday business hours of 8 to 5 and will be closed on the weekends. Hours of operation for Palmer's Restaurant will remain limited to their current operational hours. The bar at Palmer's Restaurant P:\Reports - PC\2006\5-9-06\Palmers VUP 06-033 and TPM 34416\5-9-06 Staff Report VUP 06-033 TPM 34416.rtf •� opens for business at 3pm and the restaurant opens for business at 4pm, though the majority of customers do not arrive until after 6pm, after the proposed offices will be closed for business. Palmers Restaurant is not currently open for lunch, though they have requested the opportunity to serve lunch should they choose to do so in the future. Staff has met with the applicant regarding the Parking Management Program to discuss the current and future parking situation. The program has been revised so that once the office building is open for business and demonstrates that daytime parking availability could accommodate lunchtime operations, the parking management program can be adjusted accordingly to ensure that adequate parking is provided. Staff has also discussed revisiting the valet parking system with the applicant in order to better accommodate the proposed office building and to better manage the exchange of vehicles at the end of the business day. The ultimate goal of the Parking Management System is to prevent congestion and ensure parking availability. Analysis: Staff attended the site -line perspectives demonstration to facilitate and verify the results. The office building itself appears further away from the adjacent residences than many of the existing office buildings located in the Village. Staff did not find that the building would be visually intrusive to adjacent residences. The potential visual impact of the proposed building is comparable to the existing tree line. In regards to outdoor lighting from the restaurant, the existing fixtures and level of illumination were observed to be in conformance with the Outdoor Lighting Ordinance. The applicant has provided exhibits of the existing landscaping to demonstrate the buffer from adjacent residences. All of the adjacent residential properties have planted hedges which extend anywhere from 2 to 5 feet above the existing 6 foot high block wall. Staff has re -crafted the conditions of approval for the Parking Management Program to allow the office building some operational time so that the applicant can demonstrate adequate daytime parking prior to the commencement of any lunchtime operations. The applicant has stated that lunchtime operations would involve a small fraction of their dinnertime attendance and that reduced daytime restaurant staffing would necessitate that only a small portion of the restaurant would be utilized for seating. The applicant has also been supportive of utilizing an improved valet system to mitigate congestion and improve parking lot access. 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: P:1Reports - PC\2006\5-9-06\Pa1mers VUP 06-033 and TPM 34416\5-9-06 Staff Report VUP 06-033 TPM 34416.rtf 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. 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, though one adjacent property owner has requested to review the project plans over the counter. 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. P:\Reports - PC\2006\5-9-06\Palmers VUP 06-033 and TPM 34416\5-9-06 Staff Report VUP 06-033 TPM 34416.rtf 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. Transmitted by: X '-And O."Mogensen Ass � ciate Planner Attachments: 1. Tentative Parcel Map 34416 2. Architectural Packet 3. CD-ROM, DVD, and photographs of site perspectives from surrounding properties * A materials board will be available for viewing at the Planning Commission meeting. PAReports - PC\2006\5-9-06\Palmers VUP 06-033 and TPM 34416\5-9-06 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 ±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 111" day of April, 2006 and continued to the 9`n day of May, 2006, a duly noticed Public Hearing to consider the request of David Chapman Investments LLC., for the subdivision of ±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\5-9-06\Pa1mers VUP 06-033 and TPM 34416\TPM 34416 Reso.DOC Planning Commission Resolution 2006- Tentative Parcel Map 34416 David Chapman Investments May 9, 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. PAReports - PC\2006\5-9-06\Palmers VUP 06-033 and TPM 34416\TPM 34416 Reso.DOC Planning Commission Resolution 2006- Tentative Parcel Map 34416 David Chapman Investments May 9, 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 gTh day of May, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PAReports - PC\2006\5-9-06\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 MAY 9, 2006 rV901:1e7e111 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 May 9, 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 May 9, 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 property owner 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 Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 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 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. Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 A. On -Site Precise Grading/Storm Drain Plan 1 " = 30' Horizontal B. PM 10 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-quinta.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. 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 Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 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. 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. Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 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 (18") 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. DRAINAGF 26. 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. 27. As underground retention and above ground retention of stormwater is proposed, the applicant shall comply with the provisions of Section 13.24.120 Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 (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. UTILITIFS 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 Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 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. 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, Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 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. 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 Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). PARKING LOTS and ACCESS POINTS 41. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: 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. E. Sidewalks adjacent to Avenue 52 and Desert Club shall be extended to provide a connection with parking lot sidewalks. 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. 42. In order to implement the reciprocal access and parking easement agreement as identified under Condition of Approval No. 10, the applicant and property owner shall submit for review and approval by the City Attorney and 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 and shall run with the land and bind successive owners and assigns: Planning Commission Resolution 2006- Conditions of Approval - Recommended Tentative Parcel Map 34416 David Chapman Investments May 9, 2006 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 or use shall require the applicant to enter into a revised parking management agreement with the City, approved by the Community Development Director, identifying and demonstrating that sufficient parking is available for such increased or modified use. B. Parcel 2 is limited to restaurant, bar, and related uses that are open during general weekday late afternoon and evening business hours, weekends, and special occasions. Daytime hours of operation or changes of use for any business on Parcel 2 shall be permitted under a revised parking management agreement with the City, approved by the Community Development Director, identifying and demonstrating that sufficient parking is available for such increased or modified 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. LANDSCAPIN 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 May 9, 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 May 9, 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 and continued to the 9" day of May, 2006, hold duly noticed Public Hearings 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: May 9, 2006 4. Approval of the proposed Village Use Permit will not create conditions which are materially 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 g`h day of May, 2006 by the following vote, to wit: AYES: NOES: PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 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. 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 Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, I.I.C. MAY 9, 2006 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 - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 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 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. 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 - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 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 property owner 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. 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. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 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 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. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, I.I.C. MAY 9, 2006 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. 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. GRAMNC; 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 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. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 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. 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. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 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 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. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 35. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. HTII ITIFS 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 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 PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 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-toot 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. 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 PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDS VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 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: 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. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 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 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). PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 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. 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. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, I.I.C. MAY 9, 2006 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: 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 or use shall require the applicant to enter into a revised parking management agreement with the City, approved by the Community Development Director, identifying and demonstrating that sufficient parking is available for such increased or modified use. B. Parcel 2 is limited to restaurant, bar, and related uses that are open during general weekday late afternoon and evening business hours, weekends, and special occasions. Daytime hours of operation or changes of use for any business on Parcel 2 shall be permitted under a revised PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2006-033 DAVID CHAPMAN INVESTMENTS, LLC. MAY 9, 2006 parking management agreement with the City, approved by the Community Development Director, identifying and demonstrating that sufficient parking is available for such increased or modified use. PLANNING COMMISSION STAFF REPORT DATE: MAY 9, 2006 CASE NO.: SITE DEVELOPMENT PERMIT 2006-858 APPLICANT: STANDARD PACIFIC COACHELLA VALLEY ARCHITECT: BASSENIAN LAGONI ARCHITECTS LANDSCAPE ARCHITECT: BORTHWICK GUY BETTENHAUSEN, INC. PH #B REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR THREE PROTOTYPICAL RESIDENTIAL PLANS FOR USE IN TRACTS 32279 AND 33336 LOCATION: NORTH SIDE OF AVENUE 58 APPROXIMATELY 2,000 FEET WEST OF MADISON STREET ENVIRONMENTAL REVIEW: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 2004-508 PREPARED FOR TENTATIVE TRACT 32279 AND ENVIRONMENTAL ASSESSMENT 2005-535 PREPARED FOR TENTATIVE TRACT 33336, WHICH WAS CERTIFIED BY THE CITY COUNCIL. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED, NOR HAS ANY NEW INFORMATION BEEN SUBMITTED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: RL (LOW DENSITY RESIDENTIAL) GENERAL PLAN DESIGNATION: LDR (LOW DENSITY RESIDENTIAL) SURROUNDING ZONING AND LAND USES: NORTH: RL / RESIDENTIAL SOUTH: RL / RESIDENTIAL (UNDER CONSTRUCTION) EAST: RL / RESIDENTIAL WEST: RL / RESIDENTIAL P:\Reports PC\2006\5-9-06\SDP 2006-858 Standard Pacific\sdp 2006-858 pc rpt.doc BACKGROUND: This property consists of two adjacent Tentative Tract Maps with a total of 53 residential lots on the north side of Avenue 58 (Attachment 1). The westerly tract (32279) was approved for this property on August 17, 2004 for 30 single-family lots. Tract 33336, to the east, was approved on July 19, 2005, for 23 new single-family lots along with one 1.7 acre lot provided for an existing residence which is to remain, adjacent to Avenue 58. The tracts share a common access to Avenue 58 (Attachment 2). Presently, rough grading has begun on the westerly tract. PROJECT PROPOSAL: The applicant has submitted prototypical architectural and front yard landscaping plans for three residential model plans (Attachment 3). Each plan is designed with three front elevation treatments. The plans utilize Spanish or Mediterranean styles of architecture and vary in size from 3,304 to 3,838 square feet. The plans identify all buildings to be one story and vary in height from 17'-4" to 22'-8". Plans 1 and 2 have an open courtyard in the center of the project with Plan 3 having a central courtyard opening on the left side of the residence. Exterior plaster and trim colors are light to dark earth tones with red/brown blends of concrete "S" roof tile proposed. Some plan elevations will use brick veneer, Sunbrella material awnings, composite material shutters, decorative accent tile and clay pieces, exterior lights and metal accents. Metal roll -up garage doors have the appearance of wood. Material and color samples and color schemes have been submitted and will be available at the meeting. Preliminary typical front yard landscaping plans have been submitted for each of the three model plans. Common area and perimeter landscaping and wall plans have been previously approved by the Planning Commission for both tracts. Typical front yard landscaping plans include a minimum of three 15 gallon trees, 5 gallon shrubs, decomposed granite in the shrub beds and a very limited amount of turf (maximum 30% of front yard area). Plant materials identified are low water users and typically used in the desert. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE (ALRC): The ALRC reviewed this request at its meeting of April 5, 2006, and on a 3-0 vote recommended approval of the request with a condition that a no turf" front yard option shall be provided for all types of lots and the Brachychiton populneus (Bottle Tree) be deleted from the plant palette due to its messy nature and large size (Attachment 4). P:\Reports - PC\2006\5-9-06\SDP 2006-858 Standard Pacific\sdp 2006-858 pc rpt.doc PUBLIC NOTICE: This application was advertised in the Desert Sun newspaper on April 29, 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. CONCLUSION: The prototype units are well designed and comply with applicable Code requirements. The typical front yard landscaping is attractive and compatible with the surrounding area with the minor revisions recommended. . 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 three facades for each of the plans are proposed and varied planes and roof lines are provided. 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 surrounding development in the City. 3. Compliance with CEQA- This project has been previously assessed in conjunction with Environmental Assessment 2004-508 prepared for Tentative Tract 32279 and Environmental Assessment 2005-535 prepared for Tentative Tract 33336, which were certified by the City Council, 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, pedestrian, equestrian and bicycle ways, pedestrian amenities, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City and laid out and provided in compliance with the Zoning Code requirements and approved Tract Maps. 5. Landscape Design- New home and project landscaping is well designed with plant material appropriate for the area climate. Furthermore, landscape design and irrigation systems are required to comply with City and Coachella Valley Water District water efficiency requirements, ensuring efficient water use. P:\Reports - PC\2006\5-9-06\SDP 2006-858 Standard Pacific\sdp 2006-858 pc rpt.doc 6. Compliance with General Plan - Plan in that the property to be proposed. RECOMMENDATION: The project is in compliance with the General developed is designated for residences as Adopt Minute Motion 2006- , approving Site Development Permit 20065-858, pursuant to the above -noted Findings and subject to the attached Conditions of Approval. Attachments: 1. Location map 2. Tract map layout 3. Plan exhibits (for Planning Commission only) 4. Minutes for the Architecture and Landscaping Review Committee meeting of April 5, 2006 Prepared by: Stan Sawa, Principal Planner P:\Reports - PC\2006\5-9-06\SDP 2006-858 Standard Pacific\sdp 2006-858 pc rpt.doc PLANNING COMMISSION MINUTE MOTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2006-858 STANDARD PACIFIC COACHELLA VALLEY ADOPTED: 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 landscaping and irrigation working drawings shall be approved by the Community Development Department. 3. This Site Development Permit is valid for one year, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 4. SDP 2006-858 shall comply with all applicable conditions and/or mitigation measures, which are incorporated by reference herein, for the following related approvals: • Environmental Assessments 2004-508 and 2005-535 • Tentative Tract Maps 32279 and 33336 5. 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. 6. 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 • Public Works Department (Grading Permit, Improvement Permits) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District P:\Reports - PC\2006\5-9-06\SDP 2006-858 Standard Pacific\scip 2006-858 pc coa.doc PLANNING COMMISSION MINUTE MOTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-858 STANDARD PACIFIC COACHELLA VALLEY ADOPTED: • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District (SCAQMD) 7. 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. 8. Any roof -mounted mechanical equipment must be screened within 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. 9. All two car garages shall maintain the 20-toot x 20-foot minimum interior dimensions as specified in Chapter 9.150 (Parking), LQMC. 10. Air conditioning/pool equipment cannot be located in the side yards unless five feet of clearance between equipment and property line is provided. 1 1 . A no turf front yard option shall be provided for all types of lots. 12. Delete Brachychiton populneus (Bottle Tree) from plant palette. 13. Shutters and garage doors shall be a composite material. P:\Reports - PC\2006\5-9-06\SDP 2006-858 Standard Pacific\sdp 2006-858 pc coa.doc VICINfTY MAP NTS le Avenue 58 CASE Saint Andrews MAP His. ATTACHMENT 1 CASE No. ' �N O R T SDP 2006-858 STANDARD PACIFIC SCALE: NTS ATTACHMEN MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 5, X006 10:00 a.m. TO ORDER A. phis meeting of the Architectural and Landscaping Review Committee "1es called to order at 10:00 a.m. by Planning Manager Les Johnson. B. Committee Members present: Bill Bobbitt, Frank Christopher, and Trac�\Smith. C. Staff pivsent: Planning Manager Les Johnson, Principal Planner Stan Sawa, arV Executive Secretary Betty Sawyer. PUBLIC COMMEN': None. CONFIRMATION OF CONSENT CALENDAR: BUSINESS ITEMS: AGENDA: Confirmed. A. Site Development Permit 2006-858; a request of Standard Pacific Coachella for consideration of architectural and landscaping plans for three prototypical residential plans for use in Tracts 3279 and 33336 located on the north side of Avenue 58, approximately 2,000 feet west of Madison Street. 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 Salim Rahemtulla, Project Manager, Ram Clinton, Division Manager, Rosie Lara, Assistant Project Manager, Joe Alorajano, architect, and Bob Borthwick, landscape architect who gave a presentation on the project. 2. Committee Member Smith asked about the approved tree list. Mr. Rahemtulla stated they were previously approved. Committee Member Smith stated the trees are deciduous and will be barren. They should be an evergreen. R•1U/Pnnrq%ai ar%a_F.na nnr Architecture and Landscaping Review Committee April 5, 2006 3. Committee Member Bobbitt stated he too would like to see the Bottlebush tree replaced. Mr. Bob Borthwick stated they obtained the list from CVWD. Committee Member Bobbitt stated the tree species will work but they are messy and will go bare in the winter months. 4. Committee Member Smith asked the species of trees that were to be relocated on the Baker property. Mr. Rahemtulla stated they were not aware of the species. Discussion followed on the location of the boulders and what vines would be used along the Baker residence wall. Committee Member Smith stated the entrance appears to be somewhat sparse. 5. Committee Member Bobbitt stated he had no objection to the architectural plans. He asked the material to be used for the garage doors. The applicant stated it would be a metal roll -up door. Committee Member Bobbitt asked the size of the reveals on the windows. The applicant stated 12 inches with a brick over grouted look. 6. Committee Member Christopher asked if they would be using "S" roof tile with three -color mixes. Applicant stated yes. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2006-015 recommending approval of Site Development Permit 2005-858, as recommended. Unanimously approved. VI. `FORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None VIII. ADJWRNMENT: There being no further business, it was moved and seconded by Committee Members Christop er/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping R view Committee to a regular meeting to be held on May , 2006. This meeting s adjourned at 10:33 a.m. on April 5, 2006. Respectfully submitted, BETTY J. SAWYER Executive Secretary r %WPnnrgk Al wr%n_F_na nnr 2 PH #( PLANNING COMMISSION STAFF REPORT DATE: MAY 9, 2006 CASE NO.: SIGN APPLICATION 2005-932 APPLICANT: CHAD ADDINGTON, SIGN-A-RAMA (FOR VISTA DE MONTANA) REQUEST: CONSIDERATION OF A REQUEST FOR A SIGN PROGRAM TO SERVE TWO OFFICE BUILDINGS IN THE VILLAGE COMMERCIAL DISTRICT LOCATION: NORTH SIDE OF CALLE AMIGO & WEST OF DESERT CLUB DRIVE GENERAL PLAN/ ZONING: VILLAGE COMMERCIAL/VC DISTRICT ENVIRONMENTAL DETERMINATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15311, CLASS 11, OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR ON -PREMISE SIGNS. THEREFORE, NO FURTHER DOCUMENTATION IS NECESSARY. BACKGROUND: The project site is located at the northwest corner of Calle Amigo and Desert Club Drive. One of the two Vista De Montana buildings has been completed and is located on the corner. The uncompleted second building will be located immediately to the west on Calle Amigo. Each of the Vista De Montana buildings consist of 6,800 square feet of tenant space, with a maximum eight tenants per building, four per floor. The existing 24.9 square foot Dyson and Dyson signs, placed on the south and east elevations of the existing building, were approved under Sign Application SA 05-898. At the time of that application in May of 2005, Dyson and Dyson had been assumed to be the sole building tenant and no sign program was proposed. The existing 18 square foot PMAC Lending sign, located on the north elevation of the existing building, was applied for under Sign Application SA 05-910 but was not permitted pending the outcome of this sign program approval. The applicant will be responsible for bringing the existing PMAC Lending sign into conformance with the approved sign program. P:\Reports- PC\2006\5-9-06\SA 05-932\SA 2005-932 Staff Report.doc APPLICANT'S SIGN PROGRAM PROPOSAL: The applicant is proposing a sign program permitting a total of nine possible tenant signs on each of the two buildings and two monument signs. This proposal would result in a total of 182 square feet of on -building signage and two, 24 square foot sandstone slab monuments. First floor tenant signs would be permitted a maximum area of 25 square feet each. Second floor tenant signs would be permitted a maximum area of 15 square feet each. Also under the applicant's proposed sign program, a maximum of 12 square feet of sign area would be permitted on the tower features. Signs would all consist of % inch thick black acrylic lettering, stud mounted flush to the wall. Letters would be limited to a maximum height of 10 inches. Corporate logos with color would be permissible with a maximum height of 22 inches. Since the maximum lettering size is 10 inches, the maximum sign area would permit double rows of 10 inch lettering. The applicant's two proposed Vista De Montana center identification monument signs would utilize the same black acrylic lettering as the building, mounted on a sandstone slab not to exceed 4 feet in height. Tenants would not be permitted to utilize the proposed monument signs. Details regarding the actual type of lettering used on the monument signs have not been identified in the applicant's proposed sign program. The applicant's proposed elevations are inconsistent with the proposed sign program. While the sign program limits maximum lettering area and lettering size, the elevations identify maximum sign area as being 75% of the total fascia width, a conflict which would allow much larger sign areas on the building. In their review of the sign program, Staff had recommended the applicant provide a number of revisions to the sign program, including consistent details and clearer definitions as to permitted sign placement, but the applicant has elected not to do so. As a result, staff has edited a recommended sign program as an alternative to the applicant's proposal. STAFF ALTERNATIVE SIGN PROGRAM: Staff has drafted a recommended alternative sign program which clarifies details, removes signs from being placed on the buildings' tower features, and reduces the permitted sign area allowed for second story tenants to a single line of text. Lettering size remains at the applicant's proposed maximum 10 inch height. STAFF COMMENTS: As an alternative to listing a number of revisions to be made to the applicant's proposed sign program, staff has rewritten an alternative proposal which clarifies a number of items which should reduce any issues that may arise once the individual tenants apply for their individual permits. The staff draft of the sign program does not P:\Reports - PC\2006\5-9-06\SA 05-932\SA 2005-932 Staff Report.doc include revisions to the sign program exhibits, which staff is recommending the applicant revise to be consistent with the approved sign program. FINDINGS: The following findings can be made in support of the proposed SA 2005-932 with the recommended conditions of approval: A. Sign Application 2005-932 is consistent with the purpose and intent of Chapter 9.160 in that it does not conflict with the standards as set forth in said Chapter. B. Sign Application 2005-932 is harmonious with and visually related to all signs as proposed under the Sign Program since proposed are common letter type and size, color and location of signs. C. Sign Application 2005-932 is harmonious with and visually related to the subject building as the scale of the signs and letter color used accentuate the building design. D. Sign Application 2005-932 is harmonious with and visually related to surrounding development, as it will not adversely affect surrounding land uses. E. Sign adjustments to Sign Application 2005-932 can be made in that the proposed signs improve the overall appearance of the project, facilitates good design, provides an orderly and concise signing pattern, and facilitates compatibility with the building architecture. RECOMMENDATION: Adopt Minute Motion 2006 , approving Sign Application 2005-932, subject to the following conditions: 1. The staff revision of the Vista De Montana Sign Program shall be the approved sign program for SA 05-932. 2. Sign program elevations shall be revised to be consistent with the approved sign program. Revised sign program elevations shall be approved by the Planning Manager prior to the sign program final approval. 3. Final sign plans shall be submitted to the Community Development Department for approval prior to issuance of a building permit for the signs. 4. Distribution of the sign locations to each of the tenants shall be the responsibility of the landlord. P:\Reports - PC\2006\5-9-06\SA 05-932\SA 2005-932 Staff Report.doc Attachments: 1. Applicant's Proposed Sign Program 2. Staff Recommended Revision of the Sign Program (edited text in italics) 3. Sign Program Elevations 4. Site Photos Prepared by: A ew J. Mogensen Associate Planner PAReports - PC\2006\5-9-06\SA 05-932\SA 2005-932 Staff Report.doc M PLANNING COMMISSION STAFF REPORT DATE: MAY 9, 2006 CASE NO.: SIGN APPLICATION 2006-976 APPLICANT: AKC SERVICES FOR BED BATH & BEYOND REQUEST: CONSIDERATION OF A REQUEST TO APPROVE A BUSINESS IDENTIFICATION SIGN FOR BED BATH & BEYOND LOCATION: NORTH SIDE OF HIGHWAY 111, EAST OF ADAMS STREET; IN THE PAVILION SHOPPING CENTER GENERAL PLAN: RC (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) ENVIRONMENTAL DETERMINATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS SIGN APPLICATION IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15311 (CLASS 1 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) BACKGROUND: The Pavilion commercial center has an approved Sign Program that provides guidelines to assure visually appealing signage and to achieve a uniform appearance of all the tenants. Size, material, color, and location of signage within the development are regulated. The approved Sign Program allows the maximum sign length to be 75% of the lease frontage or wall width upon which the sign is placed (whichever is smaller), and maximum sign area for major tenants shall be one (1) square foot per lineal foot of lease frontage, not exceeding fifty (50) square feet. The maximum sign area for tenants having over 15,000 square feet of contiguous floor space shall be 100 square feet. A provision in the Sign Program states that sign areas larger than 100 square feet for major tenants requires Planning Commission approval. Bed Bath & Beyond is considered a major tenant, with a total floor space of 30,000 square feet. SIGN REQUEST: The applicant has applied for a total of three signs as part of this sign application. The main business sign is wall mounted and requires Planning Commission approval as it exceeds the maximum allowable 100 square foot sign area allowed by the Sign Program. The other two signs are proposed for placement on the two previously -approved entry monument signs, which do not require Planning Commission approval. The main business identification sign was shown on the approved building plans, however, it was not approved because specific sign information was not included at that time and the plans were conditioned accordingly. The landlord has approved the requested signs as submitted. The main business sign is proposed to be placed on the southern building elevation facing Highway 111. The sign will be flush -mounted to the fascia of the stone entry tower on a 10.5 foot by 33 foot black tile background. The proposed sign is comprised of individual white internally -illuminated channel letters, 8-% inches deep. The sign is proposed to be approximately 7'-6" inches in height and thirty (30) feet wide, totaling approximately 225 square feet, and consist of two stacked lines of copy. Each letter is approximately 3'-8" in height on the top line of copy, and approximately 2'-1 1 " on the bottom line of copy. ANALYSIS: Major retail tenants along Highway 111 have historically applied for large business identification signs. Approvals were made based on sign size, location, proportionality to the building, as well as compliance with any applicable sign program. The following chart shows a comparison of the proposed sign to previously approved signs for major retail tenants along Highway 1 1 1: Store Sign Size (—sqwe feet) Store Frontage ( — feet) BWMIng Size —square feet) Best Buy 108 125 17,000 Henry's Market 100 154 27,000 Kohl's 193 428 127,000 Stater Brothers 180 245 42,600 Ross 115 160 31,190 Marshall's 157 136 40,000 Walmart 230 700 233,000 Target 186 400 126,000 Circuit City 100 185 34,000 Smart & Final 44 160 20,800 Ayeia e: 141 269 69,800 Bed Bath & Beyond: 225 238 30,000 Major tenants of the Pavilion that have approved business identification signs are Best Buy and Henry's Market. Best Buy received Planning Commission sign approval in May 2005. Henry's Market did not require Planning Commission approval as their sign was 100 square feet. Staff concludes the proposed sign is larger than appropriate. The sign is not proportional to the building, as well as in relation to other previously approved signs in the center. The sign is also larger than most other signs for major retail tenants along Highway 1 1 1, while having a smaller than average store frontage. Staff has concluded that a sign totaling approximately 150 square feet would be appropriate, as it is proportional to signs and frontages in the Pavilion commercial center, as well as with other major retail tenants along Highway 111. RECOMMENDATION: Adopt Minute Motion 2006-_, approving the requested sign, subject to the following Conditions of Approval: 1. The total square footage of the Bed Bath & Beyond sign shall be no greater than 150 square feet. The applicant shall install the approved sign on the southern building elevation. 2. The applicant has shown areas for temporary banners in their exhibits. Besides temporary "Grand Opening" banners, all other temporary banners are prohibited in the City. 3. A building permit shall be obtained prior to any work on the sign being started. 4. Final plans shall be reviewed by the Community Development Department prior to obtaining a building permit. Prepared by: AY W U, Assistant Planner Attachments: 1 . 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California 92247 DEVELOPMENT 3� -�� 2 • "ru�6 CITY OF LA OUIN-i A COMMUNITYDEVELOPMNT ENT RE: Upcoming Council / Planning Commission meeting Attn: Mr. Doug Evans / Director Of Community Development Dear Doug: �✓ I� _ y yT In preparation for the subject upcoming joint meeting, you requester lit have in the way of suggestions or topics of discussion be presented to VVV I list below some ideas and suggestions that may be worth} of the time �) 1. As a developer/builder in this community I have had a lot of contact .. rty staff in all departments while permitting and building in La Quinta from the public side of the desk and aside from rm duties as a Planning Commissioner. I have had discussions with some staff and Department heads regarding some of my concerns and by the large, have received satisfactory answers to my questions. (I.E. Plancheck timing, inter -departmental coordination etc) However, I do not believe the public has had the opportunities to ask and share their thoughts on the matter I have even heard that at least one residential developer will "never work in the City Of La Quinta again". In the past 1 have had the opportunih to sit in a public meeting with staff from the City Of Rancho Mirage wherein they fielded questions and suggestions form the contractors and developers in their city. I do not know if anything came about in the way of policy changes or the like but I think it would be a question to ask staff at Rancho Mirage. If am positive action came from it, I think it would be something maybe our City would like to consider. Letting the public air their concerns may be in our best interests. 2. Our fair city has recently expanded on our "Sphere of Influence", which will undoubtedly end up in u annexation procedures that will greatly increase the se of La Quinta. I understand this is a long and drawn out process. My question is. will the Council and the city be looking to the Planning Commission to help in the planning processes of neighborhood expansion and development? If so, how can we best prepare to do so? Doug, I know your agenda is getting crowded for the upcoming meeting and maybe these items can be considered at another point in time. Your call. Thanks for th consideration: Ed Alderson City Of La Quinta / Planning Commissioner 78-370 Highway 111 Suite 200 . La Quinta, California 92253 760.771 1755 Fax 760.771 0202 REQUEST TO SPEAK 'LEASE NOTE.- THIS FORM IS TO ASSURE ACCURACY IN PREPARING THE MINUTES AS 70 SPELLING OF NAMES AND ADDRESSES, AS WELL AS TO ALLOW STAFF TO FOLLOW- IP ON REQUESTS MADE BY MEMBERS OF THE PUBLIC. IT MAY BE USED AT YOUR )PTION (GOVERNMENT CODE SECTION 54953.3) WOULD LIKE TO SPEAK ON THE FOLLOWING AGENDA ITEM(S): 'UBLIC COMMENT RE: BUSINESS SESSION NO. RE: UBLIC HEARING NO. *� RE: V SUPPORT ❑ I IN OPPOSITION I� ITHER �**sir*•:�r••*rts*x•s•�*��•�•******s■s••�*x•*w***�caa*�•��*****«*�««« PLEASE LIMIT YOUR COMMENTS TO (3) MINUTES ■.**xxs*t•xrx•�*+x�**•r*�rx+�r■s*a.x.s.xxxxx■.*s•*.a**x...■.x..«.... ATE 11 i L•ILIF, IA ,DDRESS PLEASE GIVE THIS FORM TO THE CITY CLERK PRIOR TO THE BEGINNING OF THE CITY COUNCIL SESSION. HE MAYOR WILL CALL YOUR NAME AT THE APPROPRIATE TIME DURING THE MEETING.