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2005 08 09 PCa s �4 -ohy �OF T1 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 AUGUST 9, 2005 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2005-035 Beginning Minute Motion 2005-010 CALL TO ORDER A. Pledge of Allegiance B. Roll Call E. Election of Chair and Vice Chair II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes for the Regular Meeting of July 26, 2005. G:\WPDOCS\PC Minutes\1 AgendaW.doc V. PUBLIC HEARING: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item ................ TENTATIVE TRACT MAP 30138, EXTENSION #1 Applicant.......... La Quinta Developers, LLC Location........... 80-600 Avenue 52; north side of Avenue 52, approximately 2,588 feet east of Jefferson Street and south of the All American Canal Request............ Consideration of a one-year time extension for a subdivision of approximately 14.7 acres into 47 single- family and other common lots Action .............. Resolution 2005- B. Item ................ SITE DEVELOPMENT PERMIT 2003-765, AMENDMENT #1 AND SIGN APPLICATION 2002-629, AMENDMENT #2 Applicant ......... Madison/P.T.M. La Quinta, L.L.C. Location .......... Northwest corner of Washington Street and Highway 1 1 1, within Point Happy Commercial Center Request ........... Consideration of: 1. Modifications to development plans for a two-story parking structure; and 2. To add three illuminated signs on the north elevation of the parking structure and allowing non -illuminated signs on the awnings which are attached to the commercial building. Action ............. Resolution 2005- and Minute Motion 2005- VI. BUSINESS ITEM: A. Item ................ SIGN APPLICATION 2005-898 Applicant ......... Imperial Sign Company for El Ranchito restaurant Location .......... 78-039 Calle Estado Request ........... Clarification of: 1. The use of neon signage in regard to Chapter 9.160 of the Zoning Ordinance; and 2. Consideration of Sign Application 2005-898. Action ............. Minute Motion 2005- S:\Webstte Updates\Community Development\PC Agenda&9.doc VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of August 1, 2005. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on September 13, 2005, 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, August 9, 2005, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico, the bulletin board at the La Quinta Cove Post Office, Chamber of Commerce, and Stater Bros. 78-630 Highway 111, on Friday, August 5, 2005. DATED: August 5, 2005 BETTvs�WYER, Executive Secretary City of La Quinta, California Public Notices The La Quints City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7025. A one (1) week notice is required. If background material is to be presented to the 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. SAWebsite Updates\Community Development\PC Agenda8-9.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 26, 2005 1. CALL TO ORDER •• O A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Ladner to lead the flag salute. B. Present: Commissioners Ed Alderson, Kay Ladner, Paul Quill and Chairman Kirk. It was moved and seconded by Commissioners Ladner/Quill to excuse Commissioner Daniels. Unanimously approved. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Planning Manager Les Johnson, Principal Planner Fred Baker, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. Chairman Kirk asked if there were any corrections to the Minutes of July 12, 2005. There being none, it was moved and seconded by Commissioner Alderson/Quill to approve the minutes as submitted. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Specific Plan 97-029, Amendment No. 4; a request of Stamko Development Co. for consideration of a new driveway access on Adams Street and a design change to the internal circulation pattern, internal access, and a retention basin, for the property located on the east side of Adams Street, south of Auto Centre Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Community Development G:\WPDOCS\PC Minutes\7-26-05.doc Planning Commission Minutes July 26, 2005 Director Doug Evans explained the purpose of asking the applicant to provide a focused traffic study. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the proposed round -a -bout would take more or less land than a conventional intersection. Assistant City Engineer Steve Speer stated it would be about the same. 3. Chairman Kirk asked about the condition requiring a traffic study and whether or not it would affect the Avenue 47/Adams Street intersection. Assistant City Engineer Steve Speer stated no. Staff was focusing on northbound to left bound traffic at Highway 1 1 1. Chairman Kirk asked if Avenue 47/Adams Street intersection was complete. Staff stated that it is budgeted for the current fiscal year. 4. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Chris Clarke, Stamko Development Co., discussed the location of the round -a -bout. She explained some of the issues such as truck access from Wal-Mart would not be able to make the turn. She does not object to the round -a -bout, but would like to request no public parking be allowed. She then explained the purpose of the new internal circulation pattern. 5. Chairman Kirk asked if there were any questions of the applicant. There being none, Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 6. Commissioner Alderson asked if any of the previous traffic studies could be used for this change. Assistant City Engineer Steve Speer stated no; the proposed change will change the traffic flow and the study is therefore needed. He went on to explain the circulation patterns and what problems staff anticipates will occur. 7. Commissioner Quill asked if staff was requesting a full traffic study or a look at the models as it relates to the new intersection to see if there are any impacts or significant. Staff stated they are looking for a focused study to make sure the City has the traffic generation numbers correct. The Wal-Mart study underestimated the amount of traffic significantly, such as the amount of traffic making left turns off Highway 111 into the Wal-Mart center. When the Sam's Club traffic study was completed, the numbers G:\WPDOCS\PC Minutes\7-26-05.doc 2 Planning Commission Minutes July 26, 2005 were increased to take this into account for Dune Palms Road. Now, with this project, staff is looking at the traffic on Adams Street. 8. Commissioner Ladner asked staff to explain how the traffic flow would change. Staff explained that by constructing the proposed new street it will generate traffic traveling to the west, then going north to Highway 111. 9. Commissioner Quill asked if staff agreed with the round -a -about and the truck traffic. Staff explained the round -a -bout is designed with a truck apron to allow the distance needed for the trucks to negotiate the intersection. 10. Chairman Kirk asked if the undeveloped areas had an approved site plan submitted. Staff stated no. Chairman Kirk asked if a big box were proposed for this site, would another traffic study be required. His concern is that whatever is proposed for the site would require another traffic study. Community Development Director Doug Evans explained staff's concerns regarding traffic in this area. Discussion followed regarding circulation and traffic issues of the site. 11. Commissioner Quill asked if a tentative parcel map been filed. Staff stated it has a final recorded map. Commissioner Quill asked if lot line adjustments would be required for the proposed change. Staff stated it would require a new map and the reconfiguration is not known at this time. Commissioner Quill questioned the ability to create larger lots. Staff stated there is the potential to create a larger lot. Discussion followed regarding the traffic study. 12. Chairman Kirk asked if a traffic study was not done now, would staff recommend a study be required as part of the site development permit process for this site. Staff stated it could be done at that time, but the burden is then on one parcel. If the study is required as the site builds out, the burden of the traffic study is placed on several individual parcels. In so doing, the City loses the ability to condition the needed street improvements on the entire site. Chairman Kirk stated he is has an easier time putting the burden on an applicant that is going to generate traffic in this area rather than placing the burden on this applicant who is improving the internal circulation and not generating any additional lease, revenue, or profit. It does not logically seem right. G:\WPDOCS\PC Minutes\7-26-05.doc 3 Planning Commission Minutes July 26, 2005 13. Commissioner Ladner stated the site is poorly planned and she too has a problem burdening this applicant with the costs involved to solve the problem. Staff stated the master developer has the opportunity to pass the costs on, rather than putting the cost on each parcel owner. 14. It was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-031 recommending certification of an Addendum to Environmental Assessment 97- 337, as recommended. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 15. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-032, recommending approval of Specific Plan 97-029, Amendment No. 4, as amended: a. Condition #38.A.2.a. Deleted. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. Commissioner Quill asked staff to report back on the Christmas storage containers for the large box users and how they will be screened. B. Village Use Permit 2005-027; a request of South West Concepts for consideration of development plans, including a Parking Management Agreement, for the construction of a + 10,709 square foot two-story retail/office building in the Village at La Quinta. 1. Chairman Kirk excused himself due to the close proximity of his residence and this application and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Alderson commended the applicant on the G:\WPDOCS\PC Minutes\7-26-05.doc 4 Planning Commission Minutes July 26, 2005 application. His concern is on a zero lot line on the westerly face, there is a two-story building backing up to a narrow parking lot and this building will be overwhelming. He asked if the treatment proposed for this elevation would be a tile application or painted. Staff stated it will be recessed with a tile inset. It is difficult as the applicant cannot protrude out past the property line. Commissioner Alderson stated he agrees this treatment is better than a mural. 4. Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Steve Nieto, Southwest Concepts, gave a presentation on the project. He requested the discretion on what materials would be used on the front of the building. 5. Vice Chairman Quill asked if there was any detail proposed in the wrought iron as well as whether or not the tile would be two- piece. Mr. Nieto stated there is some detail in the wrought iron. In regard to the tile, it will be a fully mudded two-piece tile. 6. Commissioner Alderson asked if the pedestrian walkway was going to be expanded. Staff discussed this with the applicant and asked that it be widened to eight feet. Mr. Nieto stated they were willing to widen it to eight feet. 7. Vice Chairman Quill asked if there was any other public comment, there being none, the public participation portion of the hearing was closed and open for Commission discussion. 8. Commissioner Ladner asked if there were any other lots available for parking in the area. Community Development Director Doug Evans explained the City's plans to alleviate the parking issues in the Village. 9. Vice Chairman Quill asked about the two parking spaces that abut the adjoining lot. Will these lots connect to the lot next door in the future? Staff stated the applicant needed to provide as many parking spaces as possible. Community Development Director Doug Evans stated that should the adjoining site ever develop in such a manner to allow the connection, the opportunity is there. 6. It was moved by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-033, approving Village Use Permit 2005-027, as amended G:\WPDOCS\PC Minutes\7-26-05.doc 5 Planning Commission Minutes July 26, 2005 a. Condition added: to eight feet. b. Condition added: recorded. The pedestrian walkway will be widened the three parcels shall be merged and ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk rejoined the Commission. C. Site Development Permit 2005-814; a request of Entin Family Trust for consideration of revised architectural plans for construction of a +23,760 square foot two-story office building located on the east side of Washington Street, +960 feet north of Fred Waring Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked staff about a reciprocal access with the adjoining property. Staff explained the considerations staff made in regard to requiring this applicant to provide a reciprocal access with the adjoining property. Community Development Director Doug Evans stated that after reviewing the applicant's request it was determined the applicant was requesting architectural changes only and after reviewing the problems with a reciprocal access, staff determined it was not appropriate at this time. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Albert Barcelo, representing Ware Malcomb Architects, explained their request was only for architectural changes to hide the mechanical equipment on the roof. 4. Chairman Kirk asked if there was any other public comment, there being none, the public participation portion of the hearing was closed and open for Commission discussion. 5. Commissioner Quill asked if there was any way to resolve the access at a later date. When the 25-acre and one acre piece come in for development review, can it be addressed at that time? Staff explained they were reviewing a preliminary site plan for the 25- GdWPD3CS\PC Minutes\7-26-05.doc 6 Planning Commission Minutes July 26, 2005 acre parcel. Staff is asking the developer to develop the entire site as a community commercial project. In regard to the one -acre parcel, staff is trying to replicate what was done on Washington Street in front of Lake La Quinta which is to allow a right -turn in and out onto Washington Street. Then require the parcel to either have that access turn into a dual access to be shared with the adjoining property, or an access that would go away if they provide a reciprocal access to the adjoining property. This is an option when either the 25-acre or one acre parcel is developed. 6. It was moved by Commissioners Ladner/Quill to adopt Planning Commission Resolution 2005-034, approving Site Development Permit 2005-814, Amendment #1 as recommended. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of July 19, 2005. B. Department report: Community Development Director Doug Evans introduced a new member of the staff, Les Johnson, the City's new Planning Manager. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Ladner/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on August 9, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:46 p.m. on July 26, 2005. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:MPDOCS\PC Mmutes\7-26-05.doc 7 PH #A STAFF REPORT PLANNING COMMISSION DATE: AUGUST 9, 2005 CASE NUMBER: TENTATIVE TRACT MAP 30138 - EXTENSION 1 APPLICANT/ PROPERTY OWNER: LA QUINTA DEVELOPERS, LLC ENGINEER: ESSI SHAHANDEH REQUEST: CONSIDERATION OF A ONE-YEAR EXTENSION OF TIME FOR A SUBDIVISION OF APPROXIMATELY 14.7 ACRES INTO 47 SINGLE-FAMILY AND OTHER COMMON LOTS LOCATION: 80-600 AVENUE 52; NORTHSIDE OF AVENUE 52, APPROXIMATELY 2,588 FEET EAST OF JEFFERSON STREET AND SOUTH OF THE ALL AMERICAN CANAL ENVIRONMENTAL CONSIDERATION: THE CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 2002-465 FOR TENTATIVE TRACT MAP 30138 WHICH WAS CERTIFIED ON AUGUST 5, 2003. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED, NOR ANY NEW INFORMATION SUBMITTED, WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE 2116. GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (UP TO FOUR DWELLING UNITS PER ACRE) PER GENERAL PLAN AMENDMENT 2003-089 ZONING DESIGNATION: RL (LOW DENSITY RESIDENTIAL) PER ZONE CHANGE 2003- 110 PAReports - PC\2005\8-9-05\TT 30138 LQ Dev\Staff Report.doc SURROUNDING LAND USES: NORTH: ALL AMERICAN CANAL AND MOUNTAIN VIEW COUNTRY CLUB (TOLL BROTHERS) UNDER CONSTRUCTION (SPECIFIC PLAN 90-016) SOUTH: ACROSS 52 ND AVENUE, HIDEAWAY COUNTRY CLUB UNDER CONSTRUCTION (SPECIFIC PLAN 99-035 AND TRACT 29894) EAST: VACANT RESIDENTIAL PROPERTY PLANNED FOR SINGLE- FAMILY HOUSES UNDER TENTATIVE TRACT MAP 31123 - VISTA ENCANTO LA QUINTA L.P. WEST: PRICE'S NURSERY AND GARDEN SUPPLY (80-420 AVENUE 52 - SITE DEVELOPMENT PERMIT 2002-722) BACKGROUND: This project was originally considered by the Planning Commission on July 8, 2003. At that meeting the Planning Commission adopted Resolution 2003-049, recommending to City Council approval of the Tentative Tract Map. On August 5, 2003, the City Council voted to adopt Resolution 2003-067, approving the Tentative Tract Map. The applicant is requesting a one-year time extension to finalize the tract map. Under the Subdivision Map Act, an applicant has two years from the date of approval to submit a Final Map for recordation. If the applicant cannot finalize the map within the two years, a one-year extension can be granted if the applicant applies prior to the date of expiration. The expiration date is August 5, 2005, and the applicant applied for an extension on June 8, 2005. A total of three one-year extensions can be granted for any Tentative Tract Map. PROJECT PROPOSAL: The site is bounded on the south by Avenue 52 and backs up to the All American Canal. This 14.69 acre parcel was created in 1979 when Parcel Map 14367 was recorded, and subsequently annexed into the City in 1991 under Annexation #5. Previously, the parcel was used as a commercial nursery and was occupied by various buildings, covered shade structures, a man-made lake and was enclosed using six-foot high chain link fencing. Currently, the lot is vacant. Asphalt paving in front of the property is in disrepair and the site also lacks curb and gutter improvements along Avenue 52. The Tentative Tract Map proposes to create 47 single-family lots oriented around a looping private street that has two Avenue 52 connections (Attachment 1). The buildable lots range in size from just under 9,000 square feet to over 20,000 PARepons - PC\2005\8-9-05\TT 30138 LQ Dev\Staff Report.doc square; feet, and comply with the requirements set forth in the City's Municipal Code. Approximately 75 percent of the lots are rectangular in shape. A number of lots are irregularly -shaped because of the 45-foot wide CVWD easement that traverses through portions of the site. Lot 15 is the only flag lot proposed for the residential project. Public Notice The time extension for this project was advertised in the Desert Sun newspaper on July 30. 2005, and mailed to all property owners within 500 feet of the site pursuant to Section 13.12.100 of the Subdivision Ordinance. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments on June 27, 2005. All written comments received are on file with the Community Development Department. Applicable comments received from the Public Works Department have been included as revisions to Conditions 3, 4, 39, and 44 in the recommended Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2005-_, recommending to the City Council approval of a one-year time extension for Tentative Tract Map 30138, subject to findings and conditions. Prepareg4'y: ! / JAY WUlJ Assistant \planntlr Attachments: 1. Tentative Tract Map (Planning Commission only) PAReports - PC\2005\8-9-05\TT 30138 LQ Dev\Staff Report.doc PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 30138 TO SUBDIVIDE APPROXIMATELY 14.7 ACRES INTO 47 SINGLE-FAMILY AND OTHER COMMON LOTS CASE NO.: TENTATIVE TRACT MAP 30138, EXTENSION #1 APPLICANT: LA QUINTA DEVELOPERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 9t" day of August, 2005, hold duly noticed Public Hearing to consider a request by La Quinta Developers, LLC to grant a one-year time extension for a Tentative Tract Map that creates 47 single-family and other common lots on ± 14.69 developed acres located at 80-600 Avenue 52 in a Low Density Residential Zoning District, more particularly described as: APN: 772-270-009 WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on July 30, 2005, as prescribed by Section 13.12.100 (Public Notice Procedure) of the Subdivision Ordinance and public hearing notices were mailed to all property owners within 500 feet of the tract map site; and WHEREAS, the Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2002- 465 for Tentative Tract Map 30138 which was certified on August 5, 2003 prior to approval of Tentative Tract Map 30138. No changed circumstances or conditions are proposed, or new information submitted which would trigger the preparation of a subsequent Environmental review pursuant to Public Resources Code Section 21 166; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify a recommendation to the City Council for approval of a Time Extension of said Map: Finding A - Consistency with the General Plan, Zoning Code and any applicable Specific Plans. The property is designated Low Density Residential (LDR) which allows up to four residential units per acre. The Land Use Element of the General Plan encourages P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Resolution.doc Planning Commission Resolution 2005- Tentative Tract Map 30138, Extension La Quinta Developers, LLC Adopted: August 9, 2005 differing residential developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan insofar as the creation of 0.2 + square foot residential lots (3.1 dwelling units per acre) will provide another type of housing market for La Quinta residents. Conditions are recommended requiring on - and off -site improvements based on the City's General Plan Circulation Element provisions. The property is designated Low Density Residential (RL) and is consistent with the City's General Plan Land Use Element in that lots exceed the City's minimum of 7,200 square feet. However, each proposed lot is large enough to support building detached housing units that are a minimum size of 1,400 square feet, excluding garage parking areas. All plans for future single-family homes 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. 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 loop street will provide access to each single-family lot in compliance with City requirements, as prepared. Improvements on Avenue 52 will be guaranteed as required by the City's General Plan Circulation Element at the time the final map is considered pursuant to Section 13.20.100 of the Subdivision Ordinance. Provisions shall be made to the map's design to allow the project to be gated, ensuring adequate vehicle stacking and turnaround areas. The subdivision layout is consistent with the Land Use Vision Statement in the City's General Plan, which focuses on the facilitation and integration of development, through desirable character and sensitive design residential neighborhoods to enhance the existing high quality of life. Findings C through E - Compliance with the California Environmental Quality Act A Mitigated Negative Declaration has been previously certified on August 5, 2003. After evaluation, the Community Development Department has determined that the proposed Map has no changed circumstances or changed conditions which would P:\Repor,:s - PC\2005\8-9-05\TT 30138 LQ Dev\Resolution.doc Planning Commission Resolution 2005-_ Tentative Tract Map 30138, Extension 14o. 1 La Quirta Developers, LLC Adopted: August 9, 2005 trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. Finding F - Public Health Concerns The design of the proposed subdivision map and related improvements are not likely to cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. The health, safety and welfare of current and future residents can be assured based on the recommended conditions, which serve to implement mitigation measures for the project. The Fire Department has evaluated the street design layout and approved the project as planned. Site improvements comply with City requirements provided on -site water retention is handled in common basin(s). Dust control measures shall be required during any further on -site construction work as required by Chapter 6.16 of the Municipal Code. The site is physically suitable for the proposed land division, as the area is relatively flat and without physical constraints, and the Map design is consistent with other surrounding parcels. That under the City's policy for parks and recreation development, found in the City's General Plan (Chapter 5), the City's goal is to provide three (3) acres of park land per 1,000 residents pursuant to Policy 2; this project will provide payment to the City for recreation facilities outside the Tract's boundary which is allowed pursuant to Chapter 13.48 of the Subdivision Ordinance. Finding G - Site Design (Public Easements) Public easements will be retained and required in order to construct any houses on the proposed lots, ensuring adequate facilities for future homeowners in compliance with Section 13.24.100 of the Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; and 2. That it does hereby recommend approval of the above -described Time Extension for Tentative Tract Map 30138 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Resolution.doc Planning Commission Resolution 2005- Tentative Tract Map 30138, Extension No. 1 La Quinta Developers, LLC Adopted: August 9, 2005 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quints Planning Commission, held on this 9' day of August, 2005, by the following vote, to wit: AYES: NOTES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California P:\Reports - PC\2005X8-9-05\TT 30138 LQ Dev\Resolution.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 30138 — TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of Sections 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). The City of La Quinta's Municipal Code can be accessed on the City's Web site at la-quinta.org. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. P:\Repons - PC\2005\8-9-05\TT 30138 LQ DeOConditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS. LLC AUGUST 9, 2005 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on -site 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 shall be approved by the City Engineer prior to any on -site or off -site grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 5. The tentative map shall expire within one year of City Council approval of this extension, unless another extension is granted per Section 13.12.150 of the Subdivision Ordinance. PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. -The applicant shall offer for dedication on the Final Map all public street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: Avenue 52 (Primary Arterial, 110' ROW) — No additional right of way is required. 9. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: PRIVATE STREETS - Property line shall be placed at the back of curb similar to the lay out shown on the tentative tract map. Use of smooth curves instead of angular lines at property lines is recommended. Private Residential Streets measured at gutter flow line shall have a 36-foot travel width. Curve radii for curbs at all street intersections shall not be less than 25 feet. 11. Right of way geometry for knuckles turns and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. PAReports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 12. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 13. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 14. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 15. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: Avenue 52 (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 16. 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. 17. 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. 18. Direct vehicular access to Avenue 52 from any portion of the site from frontage along Avenue 52 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 19. 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. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. 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. 22. 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. 23. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 — TIME EXTENSION 1 LA OUINTA DEVELOPERS, LLC AUGUST 9, 2005 A. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading/Storm Drainage Plan: 1 " = 40' Horizontal D. On -Site Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. Additionally, a hydrology/hydraulic report shall be submitted and all pipe and catch basin sizing shall be provided on the improvement plan. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 25. 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. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conddions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 26. Prior to the conditional approval of any Final Map, or the issuance of any permit(s), the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 27. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 28. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 29. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 30. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. 31. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. PARepons - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 32. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. r;RADING 33. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 34. 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. 35. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a Soils Engineer, or by an engineering geologist. P:\flepoits - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 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. 36. 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. 37. 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. 38. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 39. Building pad elevations of perimeter lots shall not differ by more than one foot higher from building pads in adjacent developments. 40. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 41. 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. DRAINAGE 42. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. 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. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. The maximum allowable water depth when the design storm is contained is five (5) feet. 43. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 44. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape areas, residential units, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. PAReports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 45. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 46. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 47. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance -free ground cover. Additionally, the applicant's preliminary hydrology report is approved with the following conditions: 1) Enlarge the retention basin to provide 5 feet maximum water depth; and 2) Submittal of a final hydrology report for approval at time of improvement plan submittal. Drainage system pipe and catch basin sizing shall also be provided on the improvement plans. 48. 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. 49. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 50. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 51. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 52. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. PARepoits - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 53. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all aboveground 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. 54. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The existing utility lines attached to joint use 92 KV transmission power poles on Avenue 52 are exempt from the requirement to be placed underground. STREET AND TRAFFIC IMPROVEMENTS 55. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 56. The applicant shall construct the following street improvements to conform to the General Plan street type noted in parentheses. OFF -SITE STREETS - Avenue 52, (Primary Arterial, Option A; 1 10' R/W) Widen the north side of the street along all frontage adjacent to the Tentative Tract Map boundary to its ultimate half street width on the north side of the street as specified in the General Plan and the requirements of these conditions to include rehabilitation and/or construction of existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located forty-three feet (43') north of the P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 centerline, except at locations where additional street width is needed to accommodate a required Sunline Transit Agency bus turnout. Other required improvements in the Avenue 52 right of way and/or adjacent landscape setback area include: A) All appurtenant components such as, but not limited to: curb, gutter traffic control striping, legends, and signs, plus a single overhead street light at each street connecting to Avenue 52. B) Construct 8-foot meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. The cost of improvements expended by the applicant from the centerline of Avenue 52 to within 20 feet of the outer curb face is eligible for reimbursement. The applicant is responsible for the remaining cost of the improvements. PRIVATE STREETS - Construct full 36-foot wide travel width improvements measured from gutter flow line to gutter flow line, within the approved right of way where the residential streets are double loaded. 57. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic, and shall provide for a full turnaround outlet for non - accepted vehicles, subject to final approval by the City Engineer. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a "U" turn back out onto the main street from the gated entry. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 58. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential - 3.0" a.c./4.5" c.a.b. Primary Arterial - 4.5" a.c./6.0" c.a.b. or, the approved equivalents of alternate materials. 59. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 60. General access points and turning movements of traffic are limited to the following: A. Avenue 52 Primary Entry (approximately 3,140 feet east of Jefferson Street): right turn in, right turn out, and left turn in from Avenue 52 into the site. Left turn out from the entry is prohibited. B. Avenue 52 Secondary Entry (approximately 2,800 feet east of Jefferson Street): right turn in and right turn out. Left turn in and out from the entry is prohibited. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Condinons.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 61. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 62. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 63. Standard knuckles and corner cutbacks shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 64. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements. CONSTRUCTION 65. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 66. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 67. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. The developer and subsequent property owner(s) shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240(E3) of the Zoning Code. 68. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. PAReports - PC\2005\8-9-05\TT 30138 LO Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 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. 69. 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. 70. Parkway shade trees shall be delivered to the site in 24-inch wide or larger boxes with minimum 2.0-inch calipers. Trees shall be a minimum height of ten feet once installed and double -staked with lodge poles to protect against damage from gusting winds. Parkway palm trees shall have a minimum brown trunk height of eight feet. Uplighting of the palm trees is encouraged. Undulating mounding, up to 36-inches, shall occur along Avenue 52 pursuant to Section 9.60.240(F) of the Zoning Code. 71. Front yard landscaping for each dwelling shall consist of two trees (i.e., a minimum 1.5-inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. Bubbler or emitters shall irrigate all shrubs and trees. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. Future homebuyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. The conceptual front yard landscape plans shall be approved by the Community Development Department before working drawings are submitted to the Community Development Department for approval. 72. Vines shall be planted along the length of the parkway wall (e.g., average 25 feet on center) to add texture and color to the perimeter planting. PAReports - PC\2005\8-9 05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS. LLC AUGUST 9, 2005 73. Decorative details shall be added to the Avenue 52 entry gates to improve their overall appearance (e.g., scrolled metal, copper overlay, etc.), subject to approval of the Community Development Director. Walls within 25 feet of the entry gates shall include texture changes (or reveals) to augment gating detail upgrades. Pilaster shall be added to the Avenue 52 wall at 60- foot intervals. Perimeter tract walls shall be constructed before the 10t" house is ready to be occupied. 74. Existing site vegetation on the project's perimeter shall be retained in place, unless noted otherwise on the grading plan. QUALITY ASSURANCE 75. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 76. 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. 77. 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. 78. 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 79. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. P:\Repoits - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 80. 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 81. 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. 82. 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). 83. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. 84. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 85. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed by the City Council. 86. Tentative Tract 30138 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 47 lots is 0.395 acres. The in -lieu payment(s) shall be based upon this acreage requirement. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map. Payment of the in -lieu P:\Repoits - PC\2005\8-9-05\TT 30138 LQ DWConditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. FIRE DEPARTMENT Conditions are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. Final conditions will be addressed when plans are reviewed. A plan check fee must be paid to the Fire Department at the time construction plans are submitted. All questions regarding the meaning of the Fire Department conditions should be referred to the Fire Department Planning & Engineering staff at (760) 863-8886. 87. For residential areas, approved standard fire hydrants, located at each intersection and spaced 660 feet apart with no portion of any lot frontage more than 330 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. For any building with public access (e.g., recreation halls, clubhouses, gatehouse, maintenance and/or commercial buildings), Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travelways around the exterior of the building. Minimum fire flow shall be 1,500 g.p.m. for a 2-hour duration at 20 p.s.i. 88. Blue dot retro-reflectors shall be placed in the street 8-inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 89. Buildings that are 5,000 square feet and larger, other than single family houses, shall be fully sprinkled (NFPA 13 Standard). If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 90. Any turnaround requires a minimum 38-foot turning radius. 91. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 92. The minimum dimension for access roads is 20 feet clear and unobstructed width and a minimum clearance of 13'-6" in height. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 93. Any gate providing access from a road to a driveway shall be located at least 35'-0" setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 94. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. A separate pedestrian access gate is also required. 95. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 96. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 97. Building plan check (nonresidential, if any) is to run concurrent with the City of La Quinta plan check. MISCELLANEOUS 98. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 99. All mitigation measures included in Environmental Assessment 2002-465 are hereby included in this approval. 100. Housing units for the tract shall be reviewed and approved by the Architecture and Landscape Review Committee and Planning Commission per Section 9.60.330 (Tract Development) or Section 9.60.340 (Custom Homes) of the Zoning Code (e.g., Business Item). The siting of any two-story houses is subject to approval by the Planning Commission during review of a Site Development Permit. P:\Reports - PC\2005\8-9-05\TT 30138 LQ Dev\Conditions.doc PLANNING COMMISSION RESOLUTION 2005-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30138 - TIME EXTENSION 1 LA QUINTA DEVELOPERS, LLC AUGUST 9, 2005 101. A permit from the Community Development Department is required for any temporary or permanent tract signs. Uplighted tract Identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 102. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 103. Prior to submittal of the Final Map for plan check consideration, the following corrections and/or information shall be provided: A. Two copies of the draft Covenants, Conditions and Restrictions (CC&R's). The City Attorney shall approve the document prior to approval of the final map by the City Council. The CC&R's shall contain language reflecting the following provisions: "On -street parking of any recreational vehicles (e.g., boats, motor homes, trailers, buses, campers, mobile homes, inoperable vehicles, or other similar vehicles) shall be prohibited at all times within the residential tract. Parking for such vehicles shall be restricted to storage on the property behind a masonry wall of not less than six feet in height which is equipped with a solid gate that shields the subject vehicle from view from the street. Temporary parking in individual driveways is permitted for a maximum of 24 hours as RV's are prepared for use or storage." B. A minimum of three street names shall be submitted for each private street shown on the Map exhibit. A list of the names in ranking order shall be 104. Should a casitas be part of the home design for the production homes on the site, a master Minor Use Permit for all such casitas shall be secured in conjunction with the recordation of the Final Map. A covenant or provision in the CC&R's shall be recorded informing all property owners of the Minor Use Permit and its conditions of approval for the production homes. PAReports - PC\2005\8-9-05M 30138 LQ Dev\Condnions.doc PH # STAFF REPORT PLANNING COMMISSION DATE: AUGUST 9, 2005 CASE NOS.: SITE DEVELOPMENT PERMIT 2003-765, AMENDMENT #1 AND SIGN PROGRAM 2002-629, AMENDMENT #2 REQUEST: 1. MODIFICATIONS TO DEVELOPMENT PLANS FOR A TWO-STORY PARKING STRUCTURE; AND 2. TO ADD THREE ILLUMINATED SIGNS ON THE NORTH ELEVATION OF THE PARKING STRUCTURE AND ALLOWING NON - ILLUMINATED SIGNS ON THE AWNINGS WHICH ARE ATTACHED TO THE COMMERCIAL BUILDING LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 111, WITHIN POINT HAPPY COMMERCIAL CENTER (ATTACHMENT 1) APPLICANT/ PROPERTY OWNER: MADISON/P.T.M. LA QUINTA, L.L.C. REPRESENTATIVE: JOHN VUKSIC, PREST VUKSIC ARCHITECTS ZONING: COMMUNITY COMMERCIAL (CC) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) ENVIRONMENTAL CONSIDERATIONS: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 2000-395 FOR SPECIFIC PLAN 2000-043, POINT HAPPY COMMERCIAL CENTER. NO CHANGED CIRCUMSTANCES OR CONDITIONS, NOR ANY NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 SURROUNDING ZONING/LAND USE: NORTH: CITY OF INDIAN WELLS (RC) RESORT COMMERCIAL SOUTH: COMMUNITY COMMERCIAL (CC) EAST: REGIONAL COMMERCIAL (RC) WEST: COMMUNITY COMMERCIAL (CC) P:\Reports - PC\2005\8-9-05\Point Happy SDP and Sign Prg. Amend\PC stf rpt. SDP 2003-765, amd. No. 1.doc BACKGROUND AND OVERVIEW: Property Description The project site is governed by the Point Happy Specific Plan (2000-043), adopted by the City Council on May 5, 2000. The Design Guidelines portion of the Plan provides specific design criteria which includes architectural guidelines utilizing a contemporary interpretation of Colonial Spanish architecture and landscaping guidelines that complement and accent the project. The Planning Commission approved this project on April 22, 2003. The Sign Program for the commercial center was adopted with the Specific Plan in 2000 and amended by the Planning Commission in October, 2002. Applications Under Consideration The request is for approval of modifications to development plans for the two-story parking structure which will service the site and the recently completed attached two- story multi -tenant buildings (Attachment 2) within the Point Happy Commercial Center and the second Amendment to the Sign Program. Proposed Parking Structure Design Modifications The proposed revisions do not affect any provisions of the site plan, building area or the multi -tenant buildings architecture, landscaping or footprint location as currently approved. The Amendment pertains solely to the design of the covered parking on the second level of the parking structure. Exhibits in the packet show the current approved elevations and the proposed revised elevations. The parking structure, currently under construction, is located on the north edge of the commercial center. The approved structure includes five wood framed structures with tile roofs extending, at the highest point, 18 feet above the parking deck surface. During the Building Code plan check phase of the construction plans, it was determined that the Building Code does not allow wood framed structures on an open non-combustible parking structure. The applicant is proposing to change the wood to metal covered parking structures mounted on concrete bumper barriers with stucco coated columns and foam cornices with concrete skins, and a stucco finish around the edges of the metal roof cover. The proposed change will not affect the total parking spaces provided by the structure for the commercial center. Sign Program Amendment The applicant is proposing to amend the Sign Program by allowing three illuminated signs on the north elevation of the parking structure and allowing non -illuminated signs on the awnings, on the second floor, which are attached to the north elevation of the commercial buildings (Attachment 3). The three signs on the parking structure would be required to conform to the location depicted on the attached graphic, to be one line P:\Reperts - PC\2005\8-9-05\Point Happy SDP and Sign Prg. Amend\PC stf rpt. SDP 2003-765, amd. No. 1.doc of copy, with letters not to exceed 16 inches, and the letters are to be individually illuminated backlit (or halo) style. The tenants available to use the designated space for signs are required to be occupants of the Point Happy Plaza two-story building. Since the commercial buildings are attached to the parking structure the signs can be considered on premise signs which would be allowed by the Sign Code. Staff is recommending one Condition of Approval which states: The applicant will provide electrical connection to the sign through the concrete; no exterior conduit or housing will be allowed on the exterior elevation of the parking structure. This condition shall be added to the Amended Sign Program prior to the Amended Sign Program being effective. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed the architectural modifications at its meeting of August 3, 2005 (Attachment 4). The Committee adopted Minute Motion 2005-027 recommending approval of the design modifications of the parking structure subject to the following condition which has been incorporated into this review: 1. The covered parking metal roofing shall be texturized or colored to match the commercial building colors. PUBLIC NOTICE: This case was advertised in the Desert Sun newspaper and posted on July 28, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. To date, no comments have been received. Any comments received after this report has been submitted for Commission review, will be handed out at the meeting. STATEMENT OF MANDATORY FINDINGS: The findings necessary to approve the Site Development Permit can be made provided the recommended Conditions of Approval are imposed per Section 9.210.010 and Chapter 9.160 of the Zoning Code as noted in the attached Resolution. The Amendments to the Sign Program, as conditioned, are consistent with the purpose and intent of the Zoning Code, Section 9.160.090 in that the Planning Commission can allow alternative on -site locations. The proposed signs will be compatible with the structure on which they are to be mounted. Furthermore, the proposed signs will be in harmony and visually related to the signs in the commercial center and consistent with the purpose and intent of the Sign Code. PAReports - PC\2005\8-9-05\Point Happy SDP and Sign Prg. Amend\PC stf rpt. SDP 2003-765, amd. No. 7.doc RECOMMENDATION: 1. Adopt Planning Commission Resolution 2005-_ approving Site Development Permit 2003-765, Amendment #1 for modifications to development plans for the two-story parking structure subject to Conditions of Approval. 2. Adopt Minute Motion 2005- approving Sign Application 2002-629, Amendment #2, as conditioned. ATTACHMENTS 1. Project Location Exhibit 2. Site Plan and Elevations (with approved and proposed modified elevations) 3. Minutes of the ALRC meeting of August 3, 2005 Prepared by: c Fred Baker, AICP Principal Planner PAReports - PC\2005\8-9-05\Point Happy SDP and Sign Prg. Amend\PC stf rpt. SDP 2003-765, amd. No. 1.doc PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING DEVELOPMENT PLAN MODIFICATIONS FOR A TWO- STORY PARKING STRUCTURE CASE NO.: SITE DEVELOPMENT PERMIT 2003-765, AMENDMENT NO. 1 APPLICANT: MADISON DEVELOPMENT L.L.C. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 9" day of August, 2005 hold a duly noticed Public Hearing, to review north building elevation site plans for a two-story, 142 space parking structure generally located at the northwest corner of Highway 111 and Washington Street within the Point Happy Commercial Center, more particularly described as: A.P.N. 604-050-048; and WHEREAS, the Architectural and Landscaping Review Committee of the City of La Quinta, California did on the 2ntl day of August, 2005 hold a public meeting to review modifications to the north elevation of a 142 space parking structure generally located at the northwest corner of Highway 111 and Washington Street within the Point Happy Commercial Center; and WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The City Council certified Environmental Assessment 2000-395 for Specific Plan 2000-043, Point Happy Commercial Center. No changed circumstances or conditions nor any new information is proposed which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval: 1. The proposed commercial building/parking structure is consistent with the City's General Plan in that the property is designated Community Commercial (CC). The Land Use Element (Policy 1) of the 2002 General Plan Update allows a full range of retail businesses. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. Planning Commission Resolution 2005-_ Site Development Permit 2003-765, Amendment No. 1 Madison Development LLC Adopted: August 9, 2005 2. The proposed project is consistent with the goals and objectives of the Point Happy Specific Plan in that the project is a permitted use and complies with the parking development standards and design guidelines. 3. The proposed commercial building and parking structure are consistent with the Point Happy Commercial Center Specific Plan 2000-043 which supplements, replaces or, is consistent with the City's Zoning Code requirements. 4. The site design of the proposed project is compatible with the commercial development in the area, and accommodates site generated traffic at area intersections. 5. The architectural design of the project is compatible with surrounding development in that it is similar in scale to the development in the area. The building materials provide a durable and non-combustible, aesthetically pleasing, low maintenance, and a blend of surfaces and textures. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. The above recitations are true and constitute the findings of the Commission in this case; 2. That it does approve Site Development Permit 2003-765, Amendment No. 1 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this 9`h day of August, 2005, by the following vote, to wit: AYES: NOES: r-1:1-i#as ABSTAIN: TOM KIRK, Chairman City of La Quinta, California Planning Commission Resolution 2005-_ Site Development Permit 2003-765, Amendment No. Madison Development LLC Adopted: August 9, 2005 ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-765, AMENDMENT NO. 1 PTM, LA QU1NTA, L.L.C. ADOPTED: AUGUST 9, 2005 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this site development plan. 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. All Conditions of Approval for Site Development Permit 2003-765, approved by the Planning Commission on April 22, 2003, remain on the project. ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE 3. The covered parking metal roofing shall be texturized or colored to match the commercial building colors. PLANNING COMMISSION MINUTE MOTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SIGN APPLICATION 2002-629, AMENDMENT NO. 2 PTM, LA QUINTA, L.L.C. ADOPTED: AUGUST 9, 2005 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this site development plan. 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. The applicant will provide electrical connection to the sign through the concrete; no exterior conduit or housing will be allowed on the exterior elevation of the parking structure. This condition shall be added to the Amended Sign Program prior to the Amended Sign Program being effective. ATTACHMEI O C. n -i lAiAcuinlATON STREET ATTACHMENT I Architecture and Landscaping Review Committee August 3, 2005 1. Committee Member Thorns asked that the Mesqbite tree be replaced with a different variety. Discussion folld regarding different tree species. // 2. Committee Member Thoms noted the deer)/well bubblers will not work if the heads are buried. Mr. M ana stated this is a standard used by CVWD. Committe@ tuber Thorns asked that some portion of the head be out of,Ahe ground. 3. Committee Member Bobbitt stated CVWD is more concerned with water conservation than mai77Penance. Mr. Magana stated they must meet CVWD regulatio7 4. Committee Member Thorns as ad why the Washatonia was not skinned. Mr. Magana stated, hey wanted the rustic look. 5. Committee Member Bob tt stated his concern regarding the slope in the area 18" back adjacent to the walkway. Mr. Magana stated it is Int, Ted to be within CVWD regulations. The slope itself is drastic. Committee Member Bobbitt stated most lawns aroped, but as the sprinkler heads are set back 18 inches, th# irrigation water will drain down the slope without using dec posed granite. 6. There being no further questions of the applicant, it was moved and seconded y Committee Members Thoms/Bobbitt to adopt Minute Motu 2005-026 recommending approval of Site Development Permit 2005-804, as recommended and as follows: / a. A alternative tree shall be used in place of the Mesquite Ind agapanthus b. tamped by CVWD Undnimously approved. B. Site Development Permit 2003-765, Amendment #1; a request of Rick Wilkerson Madison/ P.T.M. La Quinta, LLC for consideration of a modification to architectural plans for the Point Happy Plaza parking structure, for the property located at the northwest corner of Highway 111 and Washington Street. G:\WPDOCS\ALRC\9-3-05 ALRC.doc 2 Architecture and Landscaping Review Committee August 3, 2005 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. The applicant was not present. 2. Committee Member Thorns asked about the concrete buffer bumper. Staff stated that is a barrier for the original structure mounting. They are existing and poured in place. Committee Member Thoms asked what was going to be used for the roof material for the new structure. Staff stated it would be metal with a cornice with concrete skin. 3. Committee Member Bobbitt asked staff to explain the process. Staff noted the architect was not present and they were unaware of the procedure. Committee Member Bobbitt asked if the columns were stuccoed. Staff noted they are steel post that will be round and stuccoed. 4. Committee Member Bobbitt asked about the roofing material. Staff stated they would be using corrugated metal and staff would request it not be a shinny metal. 5. Committee Member Thorns asked if there would be any treatment along the north side of the parking structure. Staff stated there will be landscaping. The applicant has also approached CVWD about planting bougainvillea and lantana in front of the structure. 6. Committee Member Bobbitt asked if they could build a similar structure out of noncombustible materials, such as metal with a tile roof. Staff stated they looked at this, but the total weight of the structures was a concern. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2005-027 recommending approval of Site Development Permit 2003-765, Amendment #1, as recommended and as follows: a. Corrugated material is textured or colored to match the building colors. Unanimously approved. G:\WPDOCS\ALRC\8-3-05 ALRC.doc 3 AM STAFF REPORT PLANNING COMMISSION DATE: AUGUST 8, 2005 APPLICANT IMPERIAL SIGN COMPANY FOR EL RANCHITO MEXICAN RESTAURANT PROPERTY OWNER: DAVID CETINA REQUEST: 1. CLARIFICATION OF THE USE OF NEON SIGNAGE, IN REGARD TO CHAPTER 9.160 OF THE ZONING ORDINANCE; AND 2. CONSIDERATION OF SIGN APPLICATION 2005-898. LOCATION: 78-039 CALLE ESTADO (ATTACHMENT 1) BACKGROUND TEXT CLARIFICATION Staff received an application submitted by Mr. Jim Engle, of Imperial Signs, for the El Ranchito Mexican restaurant, to build and install two 20"x75" neon signs (Attachment 1). The neon signs are to be mounted on the trellis beams of an outdoor patio, one sign at the front, the other to the side overlooking the vacant lot to the west. During staff review of the application, attention focused on the intent of Zoning Code Section 9.160.100 [201, "Prohibited Signs," which states "Neon signs, except those specifically approved as an activity's major identification sign," as being prohibited. Since 1993, the only known example of an approved neon sign involved LG Steakhouse's Sign Program (corner of Washington Street & Highway 111), in which the solid primary sign lettering had an attached secondary exposed neon lettering feature, emulating a red stamp of the word "Prime." After review and consideration of the applicable zoning ordinances, staff determined the appropriate course of action was to request the Planning Commission review and clarify the use of neon signage, including the use of neon in the Village Commercial District, as per Section 9.10.060, "Code Interpretations," which states, "such interpretations may be referred to the Planning Commission for review if the Director determines on a case -by -case basis that the public interest would be best served by such a referral." In this case it appears that the City's long term practice is to prohibit exposed neon signs for individual businesses. P:\Reports - PC\2005\8-9-05\EI Ranchito\Neon Signs Staff Report.doc The applicant initially submitted the permit request on June 23, 2005. Following two submittals that were not approved based upon sign design and Village Design Guidelines, staff subsequently conducted additional research regarding approved neon signs and determined such signs have not been approved in the past. The applicant revised the proposed signs utilizing exposed green neon lettering above a brown colored vinyl background material. Both signs would include dimmer control circuitry. The entrance sign proposal includes a red neon border. According to the application, the neon signs were to be mounted to an undetermined backing material either hanging or attached directly to the existing patio trellis. The proposed neon sign facing to the west of the property overlooks a vacant lot. As no other area businesses utilize neon signs, and because of the likelihood of future neon sign proposals, staff determined it necessary to request Commission clarification as to the permissibility of neon signage, under Section 9.10.060, "Code Interpretations." ALLOWANCE OF NEON SIGNS 9.160. 100 Prohibited signs "The .signs and displays listed in this section are prohibited. Such signs are subject to removal by the City at the owners or users expense. Prohibited signs include the follo wing... ... [201 Neon signs, except those specifically approved as an activity's major identification sign;" With one known exception, past City policy has been to interpret the Code as not allowing exposed neon signage. The single known exception, a Commission - approved Sign Program for LG Steakhouse, utilized a secondary exposed neon lettering feature; a red stamp of the word "prime" placed over the primary identification lettering. In this situation, the term "specifically approved" (9.160.100 [201) was interpreted as meaning neon signs can be approved with a specific plan. There is no other historical precedent for approving exposed neon signage in La Quinta. The statement "for an activity's major identification sign" brings some additional interpretation questions because there is no clear definition as to what type of sign constitutes an activities major identification sign. The reference to neon in the Sign Ordinance could be approached through a few different methods. The current text could be maintained with direction as to what constitutes major identification. Another approach could be to remove the P:\Reports - PC\2005\8-9-05\EI Ranchito\Neon Signs Staff Report.doc exception statement "for an activity's major identification sign," which would effectively prohibit all exposed neon signage. The Commission could direct staff to prepare a Text Amendment permitting neon signage under more specific circumstances or via specific aesthetic methods. The Commission could also consider modifying the Ordinance to allow neon signage only with an approved sign program, granting staff and the Commission a greater degree of individual oversight with each proposed sign. RECOMMENDATION: Alternatives available to the Planning Commission: Staff is requesting the Commission provide direction regarding the existing Sign Ordinance and consider the permit application submitted by Mr. Engle of Imperial Signs. As to the first item regarding direction to the existing Sign Ordinance, staff recommends the Commission consider four possible alternatives: Direct staff to prepare a Text Amendment to revise the Sign Ordinance to prohibit the use of exposed neon signs, with the exception of those permitted under an approved sign program or specific plan. Specific standards would be set for each individual neon sign proposed. 2. Direct staff to prepare a Text Amendment to revise the Sign Ordinance to prohibit the use of exposed neon signs without exception. 3. Direct staff to prepare a Text Amendment to revise the Sign Ordinance to specifically address neon signs in regards to design or materials used, setting forth standards for shielding, dimmer switches, materials used, and locations for placement. 4. Make no change and confirm: a. That the current Zoning Ordinance text is intended to prohibit exposed neon signs; or b. That the current Zoning Ordinance text is intended to allow exposed neon signs for primary business identification. P:\Reports - PC\2005\8-9-05\EI Ranchito\Neon Signs Staff Report.doc SIGN APPLICATION 2005-898 As stated above, the applicant's two proposed signs Involve exposed green neon lettering placed above a brown colored vinyl background material, mounted to an undetermined backing frame. This frame would then be attached to the trellis beams at the front entrance facing Calle Estado and to the side overlooking a vacant lot. The entrance sign proposal includes a red neon border. Both signs would include dimmer control circuitry. PROPOSED SIGNS The proposed west facing neon sign adds a significant amount of illumination to the streetscape, and is not recommended for approval by staff. The red neon border at the front entrance sign is not recommended for approval by staff due to the amount of neon and the added level of illumination. A neon dimmer switch and additional ambient lighting around the proposed entryway sign will help reduce lighting intensity, glare, and contrast. Without such additional lighting, the exposed neon lighting will be very intense, relative to the soft lighting along the sidewalk. Wood or emulation of wood for a backing material, rather than plain brown vinyl, is also recommended if the Planning Commission moves to approve the proposed sign. RECOMMENDATION 1. Adopt Minute Motion 2005 - , approving Sign Application 2005-898 as submitted, with the following modifications: A. Sign Application 2005-898 shall allow only one (1) trellis -mounted, illuminated, business identification sign, 20"x75" in size (12.5 SF), to be integrated into the front trellis entrance along Calle Estado, identified on the sign permit application (Attachment 1) as the "Entrance" sign. The sign shall consist of green neon lettering placed above a solid background. The background shall be brown in color and shall either consist of, or shall closely emulate the appearance of wood. The red neon border shall not be permitted. Indirect soft lighting shall be installed to compliment the neon lettering. A detailed set of construction drawings and details shall be submitted for approval. No additional electrical boxes or other mechanical equipment not identified in the sign permit application shall be installed. PAReports - PC\2005\8-9-05\EI Ranchito\Neon Signs Staff Report.doc B. The applicant is responsible for proper sign maintenance and compliance with other general sign standards as set forth in the City's Sign Code (Section 9.160.030), as well as procuring any required building permit(s). This includes maintaining and cleaning the neon signage to prevent the accumulation of vegetation or debris. Failure to do so may result in further action pursuant to Section 9.160.120. C. Approved neon lighting shall be constructed and installed with adjustable, solid-state transformer dimmers. Upon installation, the intensity level of the approved signs under Exhibit A shall be adjusted to appear at a level consistent with other lighted signs in the vicinity. City staff reserves the right to modify this level at any time shall it be deemed illuminated at a level inconsistent with other lighted signs in the vicinity, if the level of illumination is deemed to be a nuisance or distraction, or if the level of illumination is deemed to exceed that which is approved under Section 9.160.030 of the Sign Code. D. The existing painted sign shall be removed upon completing installation of the lighted sign. For this purpose, installation shall mean any mounting of the actual sign copy on the building. E. It is the ultimate responsibility of the applicant to ensure that no portion of the sign overhangs into any public right-of-way or adjacent private property; or 2. Adopt Minute Motion 2005-_ denying Sign Application 2005-898. Prepared by: Andreyv J. Mogensen, Associate Planner r� Attachments: 1. Sign permit application exhibit SA 05-898 2. Photos of existing signage P:\Reports - PC\2005\8-9-05\EI Ranchito\Neon Signs Staff Report.doc