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2005 11 22 PCa, tic `— Fg5 Planning Commission Agendas are now available on the City's Web Page @ www.latLuiinta.org PLANNING COMMISSION AG EN DA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California NOVEMBER 22, 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 2005-058 Beginning Minute Motion 2005-015 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the Regular Meeting of November 8, 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 ................ DRAFT ENVIRONMENTAL IMPACT REPORT 2005-539, SPECIFIC PLAN 2005-075, CONDITIONAL USE PERMIT 2005-092, TENTATIVE PARCEL MAP 33960, AND SITE DEVELOPMENT PERMIT 2005-833 Applicant ......... Costco Wholesale and Komar Investments Location .......... South of Highway 111 and Depot Drive Request ........... Consideration of a recommendation to the City Council: (1) Certifying the Draft Environmental Impact Report; (2) Approving the Komar Desert Center Specific Plan creating development guidelines and standards for a commercial development; (3) Approving a Conditional Use Permit allowing a store over 50,000 square feet, fueling station, and a tire sales and service store; (4) Approving the subdivision of ±26.53 acres of land into four lots; and (5) Approving a Site Development Permit for a 149,739 square foot store and a four bay fueling station. Action ............. Resolution 2005-_, Resolution 2005-_, Resolution 2005- , Resolution 2005-_, and Resolution 2005-_ B. Item ................ ENVIRONMENTAL ASSESSMENT 2005-545 AND TENTATIVE TRACT MAP 33717 Applicant ......... Quadrant, Inc. Location .......... South side of Avenue 58, +641 feet west of Monroe Street Request ........... Consideration of the subdivision of 4.6 acres into 17 single-family lots and other parcels. Action ............. Resolution 2005- and Resolution 2005-_ G:\WPDOCS\PC Minutes\1 AgendaW.doc C. Item ................ DEVELOPMENT AGREEMENT 2005-008 Applicant ......... Calle Estado, L.L.C. Location .......... Southwest corner of Calle Estado and Desert Club Drive Request ........... Consideration of a Development Agreement for parking management, to allow construction of a +10,709 gross square foot two-story retail/office building in the Village as approved under Village Use Permit 2005-027. Action ............. Resolution 2005- D. Item ................ SPECIFIC PLAN 2005-076 AND VILLAGE USE PERMIT 2005-030 Applicant ......... Borrego Resort Holdings, Inc. Location .......... South side of Calle Tampico, between Avenida Villa and Avenida Navarro Request ........... Direction whether to proceed with a General Plan Amendment to allow up to 25 units per acre in the Village Commercial land use designation, for a 31-unit project consisting of 3.5 stories, up to 47.5 feet in height with underground parking, on a 1.23 acre site. Action ............. Provide staff with direction E. Item ................ ZONING CODE AMENDMENT 2005-083 Applicant ......... City of La Quinta Location .......... City-wide Request ........... Consideration of an amendment to Chapter 9, Section 9.210.010.D. relating to Site Development Permits - Decision -Making Authority in the City of La Quinta Municipal Code. Action ............. Resolution 2005- VI. BUSINESS ITEM: A. Item ................ SITE DEVELOPMENT PERMIT 2005-829 LANDSCAPING PLAN Applicant ......... Tarlos and Associates Location .......... The northeast corner of Auto Center Drive and La Quinta Drive Request ........... Consideration of a revised landscaping plan for a Wendy's Restaurant Action ............. Minute Motion 2005- VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of November 15, 2005. G:\WPDOCS\PC Minutes\7 AgendaW.doc IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on December 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, November 22, 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, November 18, 2005. DATED: November 18, 2005 BETTi4—!!AWYER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. if special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. G:\WPDOCS\PC Minutes\? AgendaW.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 8, 2005 7:00 P.M. CALL TO ORDER 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, Richard Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Planning Manager Les Johnson, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the Joint Meeting of October 25, 2005. Commissioner Quill asked that Page 2, Paragraph 2 be amended to read, "...converting to irrigation controllers..."; Paragraph 7, add his comment regarding pavement damage; Page 5, Paragraph 2 changed to read, "...approved in the City to date..." There being no further corrections, it was moved and seconded by Commissioners Quill/Daniels to approve the minutes as corrected. Unanimously approved. B. Chairman Kirk asked if there were any changes to the Minutes of the October 25, 2005 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2005-537 and Tentative Tract Map 33085; a request of Core Homes, LLC for consideration of: 1 G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 Certification of a Mitigated Negative Declaration of environmental impact; and 2) the subdivision of 4.3 acres into seven single-family lots for the property located at the southwest corner of Madison Street and Beth Circle, north of Avenue 52. 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. Staff noted Condition No. 71 was modified to state south and west property lines. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked for clarification as to whether or not there were approved tracts in the City of Indio that were 3.5 units to the acre. Staff stated the applicant could answer that better, but the notations indicated there were approved maps. Chairman Kirk stated to his knowledge, there were no approved tracts, but an approved specific plan that generally allows three to three and a half units to the acre. 3. Commissioner Alderson asked about the perimeter trees. Staff explained the layout of the landscaping. 4. Commissioner Daniels asked if Beth Circle was to be a public street. Staff stated no, it will be a gated entry for this tract and the tract to the north and the maintenance will be worked out between the two tracts. Commissioner Daniels asked about the radius at the northern end of the hammer head. Staff stated no concerns were raised by the Fire Marshall or the Public Works Department. 5. Commissioner Ladner noted she was absent at the last meeting and asked the density of the tract to the north. Staff stated it was between .8 and .9 units to the acre. This tract is 1 .6 units to the acre. 6. Chairman Kirk asked if this figure was net dwelling units to the acre. Staff stated the lots are about eight tenths of an acre. Chairman Kirk asked if there were any additional discussions regarding retention. Assistant City Engineer Steve Speer stated no, there has been none. G:\WPDOCS\PC Minutes\71-8-05.doc 2 Planning Commission Minutes November B. 2005 7. Commissioner Alderson asked if the gating off Madison Street has been approved by the tract to the north. Staff stated that to staff's knowledge this has been done, but a condition has been added to the tract to require the gated entry. 8. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Turner, Coachella Valley Engineers, representing the applicant, gave the history of the project site and surrounding properties. Mr. David Neale, owner of the property reviewed the modifications that had been made to the tract map based on the Commission's comments from the last meeting. 9. Chairman Kirk asked if there were any questions of the applicant. Commissioner Alderson asked for clarification on whether there were one or two rows of trees on the outside of the perimeter wall. Staff reviewed the location of the trees on the site plan. 10. Commissioner Quill noted the trees do not fit the grid as shown conceptually. Staff noted they will be relocated to accommodate the site plan. Mr. Turner further explained the tree planting scheme. 11. Chairman Kirk asked staff to clarify whether the Code requires the applicant to provide a full landscape plan at this stage. Community Development Director Doug Evans stated that it does not. The applicant was directed by staff to bring back a landscape plan that would be acceptable to the Commission in evaluating the project. Chairman Kirk asked staff to consider the process as applications are submitted to the City to require more detailed landscape plans early on in the process. 12. Commissioner Quill asked if an applicant could pull grading permits at the tentative tract phase prior to the Commission reviewing a landscaping plan. Associate Planner Wallace Nesbit stated they can obtain clearing and grubbing permits. If they choose, they could pull every tree out at this point without a tract map approval. 13. Chairman Kirk asked if anyone else would like to address the Commission. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the discussion among the Commission. G:\WPDOCS\PC Minutes\11-8-05.doc 3 Planning Commission Minutes November 8, 2005 14. Commissioner Alderson commented the landscape plan is an excellent design and he still supports the project. 15. Commissioner Ladner stated she does not see any impact of this tract to the neighboring properties. She has no objection to the half acre parcels. 16. Commissioner Quill asked that a modification to the conditions be added to require the trees on Madison Street be kept in the parkway in their current location so as not to relocate them. 17. Commissioner Daniels suggested the wall meander to keep the trees. 18. Following discussion, it was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-055 recommending certification of Environmental Assessment 2005-537, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 19. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2005-056 recommending approval of Tentative Tract Map 33085, as recommended and amended: a. Condition #90: Modified to require the perimeter wall be meandered to save as many of the perimeter trees in the parkway in their current location without damage to the trees or root ball. Also the average setback of 32 feet on Madison Street and Beth Circle shall be retained. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Conditional Use Permit 2004-085, Extension #1; a request of Nextel of California for consideration of a time extension to construct a 230 square foot one-story unmanned telecommunication building and 60-foot high antenna, camouflaged as a palm tree for the property located at the southwest corner of Avenue 54 and Madison Street. G:\WPDOCS\PC Minutes\11-8-05.doc 4 Planning Commission Minutes November 8, 2005 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. There being no questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Halminski, representing Nextel, stated he was available to answer any questions. 3. Commissioner Quill asked why they were asking for an extension. Mr. Halminski explained. 4. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. Mr. John Gamlin, representing Madison Club, stated he believes this is a welcome service, but he is concerned with aesthetics as this will be in a viewshed. They believe there has been some liberty taken with what is considered to be the height of the palm trees. They need to have a condition added to require them to add more mature trees to be more in line with the height of the proposed tower. 5. Commissioner Daniels asked how fast the palms trees will grow. Staff stated normally one to two feet per year. Commissioner Daniels asked that the trees be 40-50 feet when planted. Mr. Halminski stated they are agreeable with installing the 45-50 foot tree. 6. It was moved by Commissioners Ladner/Alderson to adopt Planning Commission Resolution 2005-057, approving Conditional Use Permit 2004-085, Amendment No. 1, as amended: a. Condition adding: Two of the adjoining Palm Trees shall be a minimum of 45 feet upon installation. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\PC Minutes\7 1-8-05.doc 5 Planning Commission Minutes November 8, 2005 IX. COMMISSIONER ITEMS: A. Review of City Council meeting of November 1, 2005. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on November 22, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:53 p.m. on November 8, 2005. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\11-8-05.doc 6 PH #A STAFF REPORT PLANNING COMMISSION DATE: NOVEMBER 22, 2005 CASE NO: DRAFT ENVIRONMENTAL IMPACT REPORT 2005-539 SPECIFIC PLAN 2005-075 CONDITIONAL USE PERMIT 2005-092 TENTATIVE PARCEL MAP 33960 SITE DEVELOPMENT PERMIT 2005-833 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS REPRESENTATIVE: PETER CLEMENT, COSTCO WHOLESALE DEVELOPMENT MANAGER PROPERTY OWNER: KOMAR INVESTMENTS REQUEST: CONSIDERATION OF RESOLUTIONS TAKING THE FOLLOWING ACTIONS: 1. RECOMMENDING CERTIFICATION OF DRAFT FINDINGS REGARDING THE DRAFT ENVIRONMENTAL IMPACT REPORT; AND 2. RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE KOMAR DESERT CENTER SPECIFIC PLAN CREATING DEVELOPMENT GUIDELINES AND STANDARDS FOR A COMMERCIAL DEVELOPMENT; AND 3. RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT ALLOWING A STORE OVER 50,000 SQUARE FEET, FUELING STATION, AND A TIRE SALES AND SERVICE STORE; AND 4. RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF ±26.53 ACRES OF LAND INTO FOUR LOTS; AND 5. RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SITE DEVELOPMENT PERMIT FOR A 149,739 SQUARE FOOT STORE AND A FOUR BAY FUELING STATION. GENERAL PLAN LAND USE DESIGNATION: MIXED/REGIONAL COMMERCIAL (M/RC) AND COMMERCIAL PARK (CP) SURROUNDING ZONING/ LAND USES: ENVIRONMENTAL DETERMINATION: NORTH: REGIONAL COMMERCIAL (CR) - JEFFERSON SQUARE/HOME DEPOT SOUTH: MAJOR COMMUNITY FACILITY/DESERT SANDS SCHOOL DIRTRICT ADMINISTRATIVE CENTER EAST: MIXED USE ZONING (CITY OF INDIO) - VACANT WEST: REGIONAL COMMERCIAL (CR) AND COMMERCIAL PARK -VACANT A DRAFT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2005081060 WAS PREPARED UNDER ENVIRONMENTAL ASSESSMENT 2005-539. THE DOCUMENT HAS BEEN PREPARED AND CIRCULATED, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AND THE CEQA GUIDELINES. BACKGROUND AND OVERVIEW: Project Location: The project site is located south of Highway 111 and Depot Drive in the City of La Quinta (Attachment 1). The Proposed Project is bounded on the north by Highway 1 1 1, and its easterly edge by undeveloped property in the City of Indio which is zoned for future mixed use commercial uses. Desert Sands Unified School District (DSUSD) Administrative Offices are located to the south, and the southeastern property line is bound by the La Quinta Evacuation Channel, owned by the Coachella Valley Water District. The west property line is bound by undeveloped property zoned for commercial and residential uses in the City of La Quinta. General Plan and Zoning: General Plan Land Use designation and Zoning District for the site are Regional Commercial from Highway 111 south 600 feet; and Commercial Park (CP) south of the RC designation. The proposed uses are consistent with the General Plan Land Use designations and Zoning Districts. The proposed project meets the General Plan Goal 1, which states "A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region." The CR Zoning District allows the project's proposed uses, which may include a mixture of retail, restaurants, financial, restaurants including drive thru restaurants. The proposed fueling station and tire installation center require the issuance of a Conditional Use Permit (CUP)• The proposed Costco Wholesale store exceeds 50,000 square feet (proposed to be 149,739 square feet) and buildings over 50,000 located in a CP Zoning District require a CUP. The Circulation Element classifies Highway 111 as an Augmented Major Arterial requiring eight lanes divided with a median. Applications Under Consideration: 1. Komar Desert Center Specific Plan 2005-075 The request is for approval of the "Komar Desert Center Specific Plan" establishing guidelines and standards for a phased development plan for the distribution of land uses, location and sizing of supporting infrastructure, development and design standards, and requirements for public improvements (Attachment 2). The Specific Plan proposes the development of approximately f 26.53 acres and will be constructed in two phases. The first development phase will include a 149,739 square feet of commercial uses including a Costco Wholesale store with associated tire center, food service, and fueling station. The second phase of commercial development is expected to occur within three building envelopes totaling 83,700 square feet maximum, which may include a mixture of retail and restaurants including a drive- thru's, a bank, and associated parking. Access/Circulation The applicant proposes two access points as shown on the Site Plan. The main site entrance will be a driveway from Highway 111 and Depot Drive with a full access signalized intersection with dual left turn lanes, and a right -in and right -out. The main entrance provides a direct access driveway to the Costco Wholesale store. A secondary driveway access from Highway 111 is proposed to be located approximately 550 feet to the east of the main entrance. The secondary access is a right -in and a right -out for both passenger cars and delivery vehicles. Both proposed driveways will have deceleration lanes on Highway 1 1 1. Also proposed on Highway 111 is a bus pull-out with associated shelter. The applicant is required to construct a Highway 111 design bus shelter and install it with phase one. To assist with future traffic circulation needs, the Plan identifies a future access with the property to the west. At this time no development plans have been proposed for the adjacent property, which contains the same zoning as the subject properties. However, access for this property onto Highway 111 will likely have limited turning movement. Access with the Costco/Komar property will allow traffic to circulate to and utilize the signal at Depot Drive and Highway 1 1 1 . Parking Section 9.150.060 of the La Quinta Municipal Code (LQMC) requires one (1) parking space per 250 square feet for retail uses greater than 50,000 square feet in gross floor area. Based on 149,739 square feet of store space for Costco Wholesale, the required parking is 600 spaces; the applicant proposes 833 spaces. An additional 458 parking spaces will be provided for the northern most property as it builds out; this exceeds the required 419 spaces for the planned 83,700 square feet. A total of 1,019 spaces are required and 1,291 spaces are proposed. Section 9.150.060 of the LQMC also requires one (1) parking space per 250 square feet for gas stations. Based on 250 square feet for the cashier's booth the required parking is one (1) space. The site has sufficient space around the pumps to accommodate the required parking. Development Standards and Design Guidelines Maximum structure height proposed in the Specific Plan is 37 feet for Costco Wholesale store; LQMC would allow 35 feet for the proposed use within the Commercial Park District. Maximum building heights proposed within the Regional Commercial District in the Specific Plan is 35 feet and 24 feet within the 150 foot Image Corridor on Highway 111. The LQMC would allow buildings 50 feet high for the proposed uses within the Regional Commercial District, and 22 feet within the 150 foot Image Corridor on Highway 111. Architectural elements that do not contain useable space, such as columns and towers, are allowed by Zoning Code to extend fifteen above the allowable height, the Costco Wholesale store proposes architectural elements extending as high as 41 feet 4 inches or 6 feet 4 inches above the 35 foot height limit. The maximum number of stories proposed is two (for buildings 150 feet south of Highway 1 1 1). The LQMC would allow up to four stories within the CR zoning district and up to two stories within CP zoning districts. Additional development standards are consistent with LQMC requirements including floor area ratio, building setbacks, landscape requirements including setbacks, required parking spaces and permitted uses. Design Guidelines allow both desert style pitched and flat roofs to create architectural interest and relief. Exterior walls will accentuate shadow relief using recesses, bays, awnings and covered walkways. Building entrances will be made more visually perceptible. Rooftop equipment and storage areas will be screened. Material and colors proposed for the Costco Warehouse store (see Site Development Permit section) will be identical or similar for the proposed building pads for Komar properties. Landscaping on Highway 111 is designed to follow the requirements of the Highway 111 Design Guidelines; project landscaping, including parking lot landscaping, is proposed to be compatible with the pallet of materials in the Guidelines and conform to the Water Efficient Landscaping Ordinance. 2. Conditional Use Permit (CUP) 2005-092 The Zoning Code requires a CUP for a fueling facility, tire installation facility, and retail use over 50,000 square feet in a Commercial Park Zone. The proposed uses, with recommended conditions, are compatible with the General Plan and Zoning Code in f� that such uses are essential and desirable to the public convenience and public welfare, and will not impair the integrity and character of the zoning district and not detrimental to the public health, safety, morals or welfare or injurious to or incompatible with other land uses in the vicinity. The surrounding properties land use zoning designations are CR and CP and similar uses with a CUP are allowed on these properties. Property south of the site is designated Major Community Facility; the Desert Sands School District houses the administrative offices and the District's bus maintenance facility and these uses are similar to allowed uses in the CR and CP Zoning Districts. 3. Tentative Parcel Map (TPM) 33960 TPM 33960 proposes the subdivision of t 26.53 acres, consisting of four existing parcels, into four different parcels (Attachment 3). The proposed subdivision will create four commercial lots: proposed parcels 1-4 are 16.68 acres, .6 acres, 6.76 acres, and 2.49 acres. The proposed lots meet the standards of the General Plan and Zoning Ordinance. 4. Site Development Permit 2005-833 The Site Development Permit package includes site plans, architectural elevations, conceptual landscape, drainage, lighting and utility plans as well as design concepts that illustrate the evolving design process. It should be noted that the Concept Site Plan" includes specific building footprints and data for the second phase of development identified in the Specific Plan as building envelopes. Staff is recommending that a Condition of Approval that defines the second phase of site development as not a part this Site Development Permit. Architectural Plans The applicant is proposing a 149,739 square foot store and a fueling station generally located south of Highway 1 1 1 and Depot Drive (Attachment 4). The proposed retail store is a flat roof structure at a maximum of 35 feet 4 inches in height, with architectural elements extending as high as 41 feet 4 inches. The proposed architecture is characterized as a contemporary desert style. A characteristic of this style is the use of horizontal lines as accent banding which typically break down the large scale and massing. Traditional elements are used as a second layer of design to create a geographical presence and ground the design to reflect the richness of the desert. Proposed is a simple architectural massing that utilizes masonry, cultured stone and smooth finish stucco. The colors selected include rich, warm, neutral grays and browns thus forming a natural palette with color accents to compliment the adjacent and blend with future development. %J The masonry stone color and texture will be a mixture of split -face and smooth block and are integral to the design. This masonry color is proposed as terra cotta fashioned in a soldier coursing intermittent band. The "Red Stripe" is a recognizable branding element specific to Costco Wholesale and architecturally breaks the massing horizontally at roughly the 2/3 point of the overall vertical height. Secondary accent and detail features of pre -finished and pre -manufactured metal are incorporated throughout the design including a metal cornice with a textured coating to have the appearance of stucco. They function as overhead shade and create active shadows which are characteristic of contemporary desert architecture. The proposed fueling station consists of a canopy which will be pre -fabricated metal and texture coated to look like stucco to match the store metal cornice band. The fueling station will have similar architectural features including cultured stone veneer columns, and metal caps. The canopy height is proposed at 18 feet, 3 feet thick, and covers eight fueling pump islands. Landscape Plans This proposed landscape is designed to provide a lush water efficient look and conforms to the Water Efficient Landscaping Ordinance. Along the west side of the property, a 20-foot wide landscape buffer with canopy trees and tall screening shrubs such as Texas Ranger and Red Bird of Paradise provides screening for potential future residential uses on the adjacent property. Drive aisles are visually delineated by the use of medium height flowering trees such as Palo Verde or Mesquite while the parking fields are shaded by larger trees such as Shoestring Acacia or Evergreen Elms that are placed every second or third stall. All planter areas will consist of decomposed granite or angular rock groundcover to help maintain moisture levels in the soil. Accent plants with spiky forms such as Hesperaloe, Agave and Yucca are used along the north side of the building for their sculptural interest. The Highway 1 1 1 landscaping is designed to follow the requirements of the Highway 1 1 1 Design Guidelines. Three foot high undulating earth mounding along with massing of various size shrubs such as Texas Ranger and Senna will screen the parking areas from the road. Flowering trees such as Crape Myrtle (staff suggests limited use) and Chilopsis are placed in groupings between larger trees such as Palo Verde to further screen parking areas while providing shade along the meandering sidewalk. Mexican Fan Palms are used as a visual marker at the project entrance. Small groupings of spiky accent plants such as Desert Spoon and Red Yucca are combined with natural boulders for visual interest. Decomposed granite is used as the groundcover beneath all planted areas to maintain soil moisture and all plants are to be watered by drip irrigation. Shrubs, accent plants, and trees provide a variety of color. Parking Lot Lighting Plan The proposed parking lot lighting for Costco Wholesale store consists of a "shoe box" type fixture mounted on a steel pole 35 feet in height above grade consistent with existing fixtures in the Wal-Mart and the future Sam's Club parking lot. Staff is recommending a Condition of Approval that would require the maximum height of parking lot lighting and building mounted lights to the east, west and south of the building to be 18 feet in height above grade. Parking lot lighting for the remainder of the site will comply with the Zoning Code. Conceptual Site Grading and Drainage Plan The conceptual grading plan proposes ten building pads with Costco Wholesale store at an elevation of 57.4 feet and the highest pads on the north end of the site at an elevation of 63 feet. All of the grading will balanced within the property limits. Proposed drainage plan directs runoff across the site from the northwest to the southeast portion of the site into the La Quinta Evacuation Channel. Nuisance flows and other non -storm water generated runoff will not be discharged in the Channel. Staff is recommending a Condition of Approval that requires the applicant to modify a portion of the site plan that includes the area from the Highway 1 1 1 bus shelter to the north edge of the Costco parking field. The items to be addressed include identification of a path of pedestrian travel from the Highway 111 bus shelter to the north edge of the Costco parking field, unobstructed access points across the east -west driveway on the north side of the parking field connecting the walkway to the Costco store and also to the future Komar phase; the lane striping for the main driveway, and landscape planter redesign to accommodate public art and/or a gateway entry feature. Staff is also recommending that the site plan and landscape plans provide a landscape planter area on both sides of every cart corral. DRAFT ENVIRONMENTAL IMPACT REPORT: A Draft Environmental Impact Report (EIR) has been prepared consistent with the requirements of CEQA and the State CEQA Guidelines to evaluate the environmental impacts resulting from implementation of the project. The City of La Quinta (City) is the Lead Agency and has the authority for the preparation and certification of this EIR. The certification of the EIR is an action that will be considered by the City Council rather than the Planning Commission, since the Planning Commission is not the final decision making body for this project. The Planning Commission is required to consider the DEIR in making its recommendations. A Notice of Preparation (NOP) was completed and was circulated for a mandatory 30- day public review period that began on August 5, 2005 and concluded on September 7, 2005. The NOP requested input from responsible agencies as to the scope and content of the environmental information. The NOP and all comment letters are contained in the Appendix A.1 and A.2 of the DEIR. A response to comments letters can be reviewed on pages 1-4 through 1-15 of the DEIR. The Draft EIR was completed and is being circulated for a mandatory 45-day public review period that began on October 25, 2005 and concludes on December 9, 2005. The City is required to provide written responses to comments. One comment letter was received from Desert Sands Unified School District (Attachment 5). All comment letters with the response to comments will be contained in the Response to Comments document, which will be prepared once the 45-day public review period concludes. The Draft EIR provides a detailed project description and a description of the environmental setting. The document contains an Environmental Impact Analysis and, as required by CEQA, Project Alternatives. The alternatives include; no project/no development, development with reduced square footage, and an alternative site location. Table 1-1 "Summary of Environmental Impacts and Mitigation Measures and Levels of Significance after Mitigation" provides a brief description of Potential Environmental Impacts, Mitigation Measures and Level of Significance after Mitigation, for the following environmental issues which were identified from comments received during the 30 day public review period for the Notice of Preparation (NOP): Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology, Land Use and Planning, Noise, Public Services, Utilities, Transportation and Traffic and Circulation, Visual Resources, and Water Quality. All mitigation measures are being recommended to be adopted as the Conditions of Approval for the project. The Draft EIR identifies potentially significant adverse impacts that can be mitigated to a less than significant level. The Draft EIR also identifies the following significant unavoidable adverse impacts that cannot be mitigated to a less than significant level: As construction impacts associated with the "worst -case" phase of construction for the proposed project exceeds the SCAQMD's Southeast Desert Air Basin (SEDAB) significance thresholds for NOx, the proposed project in conjunction with other past, present, and reasonably foreseeable future projects will have the potential to result in a cumulative short-term impact to air quality as a result of exceedance of SCAQMD's significance thresholds due to construction -related emissions. Implementation of the proposed project will result in a significant short-term impact to regional air quality due to the exceedance of SCAQMD's SEDAB significance thresholds for NOx during grading and construction. There are no feasible mitigation measures to reduce the NOx emissions and this impact remains a significant unavoidable adverse impact. Operational, long-term air pollutant emissions for CO are projected to slightly exceed the SCAQMD significance threshold in 2010 and will remain significant. In addition to exceeding air quality thresholds during the operational phase, implementation of the Proposed Project along with other related development in the area will incrementally impact cumulative air quality conditions and would be significant. Project -specific and cumulative air quality impacts are projected to remain significant after mitigation during the construction phase. Therefore, in order to approve the Proposed Project, the City Council would be required to adopt a Statement of Overriding Consideration for construction phase NOx emissions impact, operations phase CO emissions impact and cumulative impacts. The Planning Commission need not adopt this statement prior to making its recommendations. The Traffic Impact Analysis of the Proposed Project is based on methodologies that incorporate the cumulative effects of traffic from general growth and anticipated development in the area. This reflects background traffic and traffic from area -wide growth already approved by the City of La Quinta, plus the development of the Proposed Project. Project impacts are considered reaching a threshold of significance if they exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways. Policy 3-2.1 .3 of the Circulation Element establishes LOS D as the minimum peak hour standard for streets in La Quinta. Furthermore, the City considers operational impacts to be significant if intersections forecasted to operate at LOS E or F without the proposed development experience a 0.02 increase in volume to capacity (v/c) with site development. Four intersections will have significant impact even after mitigation as a result of the Proposed Project in future year 2020: Highway 111 and Jefferson Street— Estimated to operate at a LOS D without the project and a LOS E with a 0.156 increase v/c with the project. Washington Street at Highway 111 — Estimated to operate at LOS F with a 0.056 increase in the v/c ratio due to project development. Highway 111 at La Quinta Drive — Estimated to operate at LOS E with a 0.027 increase in the v/c ratio due to project development Highway 111 at Dune Palms Road — Estimated to operate at a LOS E with a 0.041 increase in v/c ratio due to project development. Further, the Proposed Project will cause a decrease in LOS to unacceptable levels at Highway 111 and Jefferson Street, and contribute by more than 0.02 v/c, to already unacceptable LOS levels at the other three intersections in future year (2020) build out. Mitigation measure 4.10-2 will mitigate the incremental impact of the Proposed Project to the intersection of Highway 111 and Washington Street to a less than significant level. However, mitigation needed to return the Highway 111 and Washington Street intersection to an acceptable LOS has been deemed infeasible due to construction costs and right-of-way restrictions. The Project's incremental impacts at this intersection can be mitigated, through proposed re -striping, but the overall cumulative effects remain significant with or without the added trips associated with the Project. Cumulative impacts will remain significant and unmitigated. Mitigation Measure 4.10- 3-4 will minimize the impacts to Highway 111 and La Quinta Drive and Highway 111 and Dune Palms Road to less than significant levels. The Draft EIR concludes that efficiencies at Highway 111 and Jefferson Street may remain a significant and unavoidable impact because of uncertainty of whether the City of Indio will proceed with Highway 111 improvements. The City of Indio has been allocated $4.7 million by the Riverside County Transportation Commission in regional transportation funds (Measure A and Transportation Enhancement funds) for Highway 111 improvements which includes the intersection of Highway 111 and Jefferson Street. Even with mitigation measure 4.10-2-5, cumulative impacts to the transportation circulation grid will remain significant and unavoidable. Therefore, in order to approve the Proposed Project, the City Council would need to adopt a Statement of Overriding Considerations for the Cumulative Transportation and Traffic impacts. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed this request at its meeting of July 6, 2005 (Attachment 6). The Committee unanimously adopted Minute Motion 2005-023, recommending approval subject to the following conditions which have been incorporated into this review: 1) Planting areas within the parking lot shall be redesigned to allow breaks in the plant hedges for pedestrians. These breaks shall be made on the east and west side of the building parking area/elevation as well. 2) Trees in and around the building shall be in scale with the building and shall be a minimum of a 36 inch box with a 2 inch caliper. PUBLIC NOTICE: A Notice of Availability of the Draft EIR was advertised in the Desert Sun newspaper and posted with the Riverside County Clerk on October 26, 2005. A Notice of Completion was also posted at the State Clearinghouse. A Notice of Availability of the DEIR was also mail to numerous entities and person. The cases were advertised in the Desert Sun newspaper on November 7, 2005. All property owners within 500 feet of the affected area were mailed a copy of the public notice. STATEMENT OF MANDATORY FINDINGS: The findings, as noted in the attached Resolution, required by the Zoning and Subdivision Ordinance can be made, subject to the recommended conditions of approval. 1( RECOMMENDATION: 1. Adopt Planning Commission Resolution 2005-_, making certain findings regarding the Draft Environmental Impact Report (EA 2005-539); and, 2. Adopt Planning Commission Resolution 2005-_, recommending to the City Council approval of the Komar Desert Center Specific Plan (SP 2005-539) subject to the attached conditions; and, 3. Adopt Planning Commission Resolution 2005-_, recommending to the City Council approval of Conditional Use Permit (CUP 2005-092) subject to the attached conditions; and, 4. Adopt Planning Commission Resolution 2005- , recommending to the City Council approval of Tentative Parcel Map 33960 subject to the attached conditions; and 5. Adopt Planning Commission Resolution 2005-_, recommending to the City Council approval of Site Development Permit (SDP 2005-833) subject to the attached conditions. Attachments: 1. Vicinity Map 2. Komar Desert Center Specific Plan (Commission only) 3. Tentative Parcel Map 33960 (Commission only) 4. Site Development Permit packet for Costco Wholesale Store and Fueling Station (Commission only) 5. Letter(s) received 6. Minutes of the July 6, 2005 meeting of the ARLC 7. Draft Environmental Impact Report (previously provided under separate cover) Prepared by: Fred Baker, AICP Principal Planner it PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL, ITS FINDINGS REGARDING THE DRAFT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE # 2005081060) PREPARED FOR SPECIFIC PLAN 2005-075; CONDITIONAL USE PERMIT 2005-092; SITE DEVELOPMENT PERMIT 2005-833, AND TENTATIVE PARCEL MAP 33960 CASE: ENVIRONMENTAL IMPACT REPORT 2005-539 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22nd day of November, 2005 hold a duly noticed public hearing to consider the request of Costco Wholesale and Komar Investments (hereinafter "Applicant") for approval of a Specific Plan, Conditional Use Permit, Site Development Permit, and Tentative Parcel Map (hereinafter "the Entitlement Approvals") to allow construction of an 26.37 acre multi -phased mixed commercial project consisting of a 233,439 square feet of commercial uses including a 149,739 square foot Costco Wholesale store, a four bay fueling station, and retail, office and restaurant uses (hereinafter "the Project"). The Project site is located south of Highway 1 1 1 and Depot Drive, and more particularly described as: A.P.N.'S: 649-030-086,649-030-087,649-030-007, AND 649-030-088 WHEREAS, it was determined pursuant to California Environmental Quality Act of 1970 ("CEQA"),(Public Resources Code § 21000, et sue.); and the CEQA Guidelines (14 Cal. Code of Regs. Sections 15000 et seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on the 5" day of August, 2005, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ("DEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the environmental impacts resulting therefrom, and on the 26`" day of October, 2005, circulated the DEIR for public and agency comments; and WHEREAS, the DEIR has been prepared and circulated, pursuant to the requirements of the CEQA. t,Z Planning Commission Resolution 2005- Environmental impact Report 2005-539 Costco Wholesale and Komar Investments November 22, 2005 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of La Quinta resolves as follows: SECTION 1. Findings Regarding_ the DEIR. The recitals are true and correct and are adopted as the findings of the Planning Commission. The Planning Commission has read and considered the DEIR, and finds that based upon the information which is currently available to it, the Planning Commission has determined that the content of the DEIR complies with Article 9 of the CEQA Guidelines, Sections 15120 through 15131, and further finds that the DEIR reflects the City's independent judgment. Based upon the information presented to the Planning Commission, the Planning Commission finds that with respect to content and processing, the DEIR has been prepared in compliance with CEQA and the State and local CEQA Guidelines. The Planning Commission further certifies that the DEIR was presented to the Planning Commission, and that the Planning Commission reviewed and considered the information contained in it prior to making its recommendations to the City Council regarding the Project. APPROVED AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of November, 2005. AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California 1: PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A t 26.53 ACRE COMMERCIAL DEVELOPMENT CASE NO.: SPECIFIC PLAN 2005-075 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22ND day of November, 2005, hold a duly -noticed Public Hearing to consider Specific Plan 2005-075, which Specific Plan if adopted, would establishes design guidelines and development standards for the property located south of Highway 111 and Depot Drive, and more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088 AND; WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-539 (State Clearinghouse # 2005081060) ("DEIR ), which DEIR has been review and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution No. 2005- ; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of the Specific Plan: 1. That the proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Regional Commercial (RC) and Commercial Park (CP) which permits the uses proposed for the property. 2. That the Specific Plan is compatible with the existing and anticipated development in the area, in that the project, as conditioned, proposes provides adequate circulation. The proposed uses are compatible with zoning on adjacent properties in that the project is adjacent to regional commercial zoning districts. 3. The Specific Plan is suitable and appropriate for the subject property in that the property is designated RC and CP and the proposed uses are consistent with the uses allowed in the these Zoning Districts. P:\Reports - PC\2005\11-22-05\Costco\Specific Plan Reso.DOC 14 Planning Commission Resolution 2005- Specific Plan 2005-075 Costco Wholesale and Komar Investments Adopted: November 22, 2005 Page 2 4. That the proposed Specific Plan will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting uses will require Planning Commission review and approval of development plans under a Site Development Permit, which will ensure adequate Conditions of Approval. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby recommend to the City Council approval of the above - described Specific Plan request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of November 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California 1� P:\Reports - PC\2005\11-22-05\Costco\Specific Plan Reso.DOC 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF AF+F KUVAL - Kr_L Urvirv1rryury ;PECIFIC PLAN 2005-075 :OSTCO WHOLESALE AND KOMAR INVESTMENTS kDOPTED: NOVEMEBER 22, 2005 3ENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2 Phase I shall also include: 1) all off site street improvements to include widening of Highway 111; 2) construction of a bus shelter per City of La Quinta standards; and 3) complete interim intersection and signal improvements at the intersection of Highway 111 and Depot Drive as approved by the City Engineer. As a minimum, provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 111 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements and proper alignment of lanes on the north side of the Highway 111 /Depot Drive intersection. 3 A 6-foot wide landscaped median shall be constructed in the main circulation entry driveway from Highway 111 to the Costco Fueling Station drive aisle located approximately 400 feet from the Highway 111 centerline. Stop conditions from drive aisles accessing the main circulation entry driveway shall be implemented at this and the main circulation entry driveway terminus located approximately 600 feet from the Highway 111 centerline. A three way stop may be implemented at the latter intersection if required by the City Engineer. 4. All mitigation measures contained in the Draft Environmental Impact Report 2005- 539 shall be complied with. 5. Prior to issuance of a grading permit, all project related final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of Specific Plan document. Applicant shall provide five copies of the Final Specific Plan document to the Community Development Department. IM PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF USES FOR A FUELING FACILITY, TIRE INSTALLATION FACILITY AND A RETAIL USE OVER 50,000 SQUARE FEET IN A COMMERCIAL PARK ZONE CASE NO.: CONDITIONAL USE PERMIT 2005-092 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 22n' day of November, 2005 hold a duly noticed Public Hearing, to review the proposed uses applied for in Conditional Use Permit 2005-092, including a fueling facility, tire installation facility, and a retail use over 50,000 square feet in a Commercial Park Zone, on ±26.53 acres generally located south of Highway 1 1 1 and Depot Drive more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088 AND; WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-539 (State Clearinghouse # 2005081060) ("DEIR"), which DEIR has been review and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution 2005- ; WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 7t' day of November, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Conditional Use Permit 2005-092. 1 . The proposed uses for the commercial buildings are consistent with the City's General Plan in that the property is designated Mixed/Regional Commercial (M/RC) and Commercial Park (CP). The uses are consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The proposed uses are consistent with the goals and objectives of the Komar Desert Center Specific Plan 2005-075 in that the project is a permitted use and complies with the development standards and design guidelines. 11 Planning Commission Resolution 2005- Conditional Use Permit 2005-092 Costco Wholesale Adopted: November 22, 2005 3. The proposed uses are consistent with the City's Zoning Code contained in that proposed uses for the Komar Desert Center Specific Plan 2005-075 supplements, replaces, or are consistent with those in the City's Zoning Code. 4. That approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare or injurious to or compatible with the properties and land uses in the vicinity in that the public agencies have reviewed the proposed use for these issues with no significant concerns identified. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Commission in this case; 2. That it does recommend to the City Council approval of Conditional Use Permit 2005-092 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 22nd day of November, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS, Community Development Director City of La Quinta, California 1 PLANNING COMMISSION RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2005-092 COSTCO WHOLESALE AND KOMAR INVESTMENTS ADOPTED: NOVEMBER 22, 2005 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. All conditions of approval for Specific Plan 2005-075 and Site Development Permit 2005-833 are incorporated by reference. FIRE MARSHALL 3. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. SHERIFF DEPARTMENT 4. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding vehicle code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff Department should be directed to the Senior Deputy at (760) 863-8950. OTHER 5. In order to minimize site operation noise intrusion and comply with the City of La Quinta Noise Ordinance the following shall be complied with: A. A 10-foot-high masonry wall shall be constructed along the western perimeter of the drive aisle separating the truck drive aisle from the adjacent property. B. Trucks shall not pick up refuse before 7:00 a.m. 19 C. Parking lot sweeping with vacuum trucks shall not occur after 10:00 p.m. or before 6:00 a.m. D. Refrigeration trucks shall not be parked in the drive aisle behind the store from 10:00 p.m. to 7:00 a.m. if their freezer units are running. 6. All mitigation measures contained in the Draft Environmental Impact Report 2005-539 shall be complied with. PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF t 26.53 ACRES INTO FOUR COMMERCIAL LOTS CASE NO.: TENTATIVE PARCEL MAP 33960 APPLICANT: KOMAR INVESTMENTS AND KOMAR INVESTMENTS WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 22ND day of November, 2005, hold a duly noticed Public Hearing to consider the request of Costco Wholesale., for the subdivision of f 26.53 acres into four commercial lots, located south of Highway 1 1 1 and Depot Drive, more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-539 (State Clearinghouse # 2005081060) ( DEIR" ), which DEIR has been review and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution No. 2005- WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 7th day of November, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, the staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 333960: Finding A - Consistency with the General Plan, Zoning Code and any applicable Specific Plans. The property is designated Regional Commercial and Commercial Park which allows retail, office and restaurant uses. The Land Use Element of the General Plan encourages commercial developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan Conditions are recommended requiring on- and off -site improvements based on the City's General Plan Circulation Element provisions. All plans for buildings will be r c P:\Reports - PC\2005\11-22-05\Costco\TPM Reso.DOC Planning Commission Resolution 2005- Tentative Parcel Map 33960 Komar Investments Adopted: November 22, 2005 consistent with the Komar Specific Plan 2005-075 and 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 driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Improvements on Highway 111 will be installed 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. Findings C through E - Compliance with the California Environmental Quality Act This condition shall be met upon the City Council's certification of the Final EIR to be prepared for this Project. 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. 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. Finding G - Site Design (Public Easements) Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 13.24.100 of the Subdivision Ordinance. 0 P:\Reports - PC\2005\11-22-05\Costco\TPM Reso.DOC Planning Commission Resolution 2005- Tentative Parcel Map 33960 Komar Investments Adopted: November 22, 2005 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 1. That the Planning Commission does hereby recommend approval of Tentative Parcel Map 33960 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22ntl day of November, 2005, by the following vote, to wit: AYES: NOES: 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\2005\11-22-05\Costco\TPM Reso.DOC e;. J LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL — RECOMMENDED 'ENTATIVE PARCEL MAP 33960 ,OMAR INVESTMENTS IOVEMBER 22, 2004 iENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map. 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. All Conditions of Approval for Specific Plan 2005-075 and Conditional Use Permit 2005-833 apply to the parcels created by this Tentative Parcel Map. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Riverside Co. Environmental Health Department • Desert Sands Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • SunLine Transit Agency • South Coast Air Quality Management District, Coachella Valley • Caltrans U.S. Army Corp of Engineers (USACE) • California Department of Fish and Game (CDFG) Colorado River Regional Water Quality Control Board (RWQCB) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's i; LANNING COMMISSION RESOLUTION 2005- ONDITIONS OF APPROVAL - RECOMMENDED ENTATIVE PARCEL MAP 33960 OMAR INVESTMENTS IOVEMBER 22, 2004 ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit to the Public Works Department a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. r)r Dorts - PC\2005\11-22-05\C0stc0\PC COA TPM 33960.doc .. LANNING COMMISSION RESOLUTION 2005- ONDITIONS OF APPROVAL - RECOMMENDED ENTATIVE PARCEL MAP 33960 OMAR INVESTMENTS IOVEMBER 22, 2004 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. 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). 'ROPERTY RIGHTS 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 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. 3. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 (Major Arterial - State Highway, 140' Right -of -Way) - The standard 70 feet from the centerline of Highway 111 for a total 140-foot ultimate developed right of way except for: A) An additional right of way dedication for a right turn only/deceleration lane on Highway 111 at the Highway 111 /Depot Drive of seventy eight (78') feet from the centerline and length as required by Caltrans, and B) An additional right of way dedication for a deceleration lane at the Secondary Entry driveway of seventy eight (78') feet from the centerline and length as required by Caltrans. C) An additional right of way dedication for a bus turnout to the east of Depot Drive as required by the SunLine Transit Agency and as approved by Caltrans. ports - PC\2005\1 1 -22-05\Costco\PC COA TPM 33960.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 [OMAR INVESTMENTS JOVEMBER 22, 2004 a. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet submitted for off -site street improvement plan checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 10. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Parcel Map are necessary, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 11. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Highway 111 (Major Arterial — State Highway) - 50-foot from the Right -of - Way -Property Line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 12. Direct vehicular access to Highway 111 from parcels with frontage along Highway 111 is restricted, except for those access points identified on the Tentative Parcel Map site plan, or as otherwise conditioned in these conditions of approval. 13. The applicant shall commit to provide reciprocal accesses to adjacent properties at a reasonably feasible location along the project's western and eastern boundary, to be determined by the Public Works Director if and when he or she determines that such reciprocal access promotes good area traffic circulation and does not overly burden the Komar Desert Center site. When future development of the adjacent properties has been established, the City Engineer may determine that said reciprocal access or accesses are not warranted and shall issue a written notice canceling this r) r ports PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 requirement. 4. 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. 5. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. MPROVEMENT PLANS \s used throughout these Conditions of Approval, professional titles such as "engineer," surveyor," and "architect," refer to persons currently certified or licensed to practice their espective professions in the State of California. 6. 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. 7. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal irts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDE 'ENTATIVE PARCEL MAP 33960 'OMAR INVESTMENTS JOVEMBER 22, 2004 The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. Traffic Signal Modification Plan 1 " = 20' Horizontal G. Off -Site Median Landscaping Plans 1 " = 40' Horizontal NOTE: D through G to be submitted concurrently. Caltrans approval required for all work within Highway 111 right of way. H. Precise Grading Non -Residential 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. All On -Site Signing & Striping Plans shall show, at a minimum. Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and noting the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Precise Grading Non -Residential" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. fl rrts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc t 'LANNING COMMISSION RESOLUTION 2005- ;ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 (OMAR INVESTMENTS JOVEMBER 22, 2004 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 19. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. MPROVEMENT SECURITY AGREEMENTS 20. Upon approval of Site Development Permit 2005-833, the applicant shall complete the parcel map process to establish the parcels. The following conditions (Condition 21 through 25) will be applicable to finalizing the final parcel map. 21. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a Subdivision Improvement Agreement, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a Subdivision Improvement Agreement prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. ions - PC\2005\71-22-05\Costco\PC COA TPM 33960.doc 30 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDE 'ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. >2. Depending on the timing of the development of the Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to construct all off - site improvements as itemized below: A. OFF -SITE STREETS 11 Highway 1 1 1 (Major Arterial — State Highway, 140' ROW ): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Highway 111 at the Highway 1 1 1 /Depot Drive intersection. The south curb face shall be located sixty eight (68') south of the centerline and length as approved by Caltrans. b) A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty eight feet (68') south of the centerline and length as approved by Caltrans. c) A bus turnout on Highway 1 1 1 east of the Highway 1 1 1 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 1 1 1 right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and )rts - PC\2005\11 22-05\Costco\PC COA TPM 33960.doc 31 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED -ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 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. f) Modify the existing traffic signal at the Highway 111 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 1 1 1, a dual left turn for westbound Highway 111 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. g) A bus shelter on the south side of Highway 1 1 1, west of Depot Drive to be constructed in accordance with the City's Highway 111 Design Guidelines. h) An 24 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 111 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant may perform interim intersection and signal improvements at the Highway 111 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 111 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or ]rts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 32 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 the issuance of any permit related thereto, reimburse the City for the costs of such improvements. ?3. Depending on the timing of the development of the Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to construct all off - site improvements as itemized below: B. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial — State Highway, 140' ROW ): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: i) A deceleration/right turn only lane on Highway 111 at the Highway 111 /Depot Drive intersection. The south curb face shall be located sixty eight (68') south of the centerline and length as approved by Caltrans. j) A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty eight feet (68') south of the centerline and length as approved by Caltrans. k) A bus turnout on Highway 1 1 1 east of the Highway 1 1 1 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 1 1 1 right or way and/or adjacent landscape setback area include: 1) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. m) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that 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 orts PC\2005\11-22-05\Costco\PC COA TPM 33960.doc '� f 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 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. n) Modify the existing traffic signal at the Highway 1 1 1 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 1 1 1, a dual left turn for westbound Highway 1 1 1 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. o) A bus shelter on the south side of Highway 1 1 1, west of Depot Drive to be constructed in accordance with the City's Highway 111 Design Guidelines. p) An 24 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 1 1 1 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant may perform interim intersection and signal improvements at the Highway 1 1 1 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 1 1 1 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. n the event that any of the improvements required for this development are constructed by :he City, the applicant shall, prior to the approval of the Final Map, or the issuance of any )ermit related thereto, reimburse the City for the costs of such improvements. ?4. 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 Drts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 34 PLANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDE 'ENTATIVE PARCEL MAP 33960 ;OMAR INVESTMENTS IOVEMBER 22, 2004 improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. >-5. Security will not be required for telephone, natural gas, or Cable T.V. improvements. >-6. 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. 3RADING ?7. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. ?8. 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. ?9. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm orts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 35 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDE 'ENTATIVE PARCEL MAP 33960 [OMAR INVESTMENTS JOVEMBER 22, 2004 Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Grading Plan(s) 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. 30. 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. 31. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 32. The applicant shall abandon any existing wells within the Tentative Parcel Map boundaries as approved by CVWD and the City Engineer. 33. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative parcel map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. ,orts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc O 1 'LANNING COMMISSION RESOLUTION 2005- ,ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 35. 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. )RAINAGE 36. Stormwater handling shall conform with the approved hydrology and drainage report for Komar Desert Center. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. Nuisance water shall be retained on site and shall be disposed of in a system approved by the City Engineer and CVWD. 37. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 38. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 39. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. JTILITIES 40. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), orts - PC\2005%11-22-05\Costco\PC COA TPM 33960.doc r 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 LQMC. 1_1. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 42. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. E3. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS >4. 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. �5. The applicant shall construct the following street improvements to conform with the City of La Quinta General Plan (street type noted in parentheses.) C. OFF -SITE STREETS 11 Highway 111 (Major Arterial — State Highway, 140' ROW ): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the City of La Quinta General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: orts PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 13 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 'OMAR INVESTMENTS JOVEMBER 22, 2004 q) A deceleration/right turn only lane on Highway 111 at the Highway 111 /Depot Drive intersection. The south curb face shall be located sixty six (66') south of the centerline and length as approved by Caltrans. r► A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty six feet (66') south of the centerline and length as approved by Caltrans. s) A bus turnout on Highway 111 east of the Highway 111 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 111 right or way and/or adjacent landscape setback area include: t) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. u) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that 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. v) Modify the existing traffic signal at the Highway 111 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 111, a dual left turn for westbound Highway 111 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. w) A bus shelter on the south side of Highway 1 1 1, west of Depot Drive to be constructed in accordance with the City's Highway 111 Design Guidelines. x) An 24 - foot wide raised landscaped median along the entire )rts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 30 PLANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 ;OMAR INVESTMENTS IOVEMBER 22, 2004 boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 111 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant shall install interim intersection and signal improvements at the Highway 111 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 111 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. The applicant shall extend improvements beyond the tentative parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Pursuant to this condition, the applicant shall construct street improvements along the north leg of the Highway 111 /Depot Drive intersection including widening of Depot Drive and signal modification required for the ultimate street improvement configuration. The applicant shall enter into a reimbursement agreement for their fair share of street improvements required on Highway 111 conditioned of any parcels created by the future Parcel Map. The applicant is responsible for construction of all improvements mentioned above. Entry drives, main interior circulation routes, 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. 1_6. 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 and shall be increased based on a geotechnical report for the development: )rts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 41 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDE 'ENTATIVE PARCEL MAP 33960 :OMAR INVESTMENTS IOVEMBER 22, 2004 Parking Lot (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. Parking Lot (High Traffic Areas) 4.5" a.c /5.5" c.a.b. Major Arterial - State Highway Per Caltrans or the approved equivalents of alternate materials. E7. 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. 1-8. General access points and turning movements of traffic are limited to the following: A. Primary Entry on Highway 111 at Depot Drive: All turn movements are permitted at this existing signalized intersection. B. Secondary Entry Driveway: Right turn in and out movements are permitted. Left turn out and in movement is prohibited. l9. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 50. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, and parking areas shall be stamped and signed by qualified engineers. 'ARKING LOTS and ACCESS POINTS 51. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. ADA accessibility routes between opposite Handicap Stalls shall be a minimum of 4 feet. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. orts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 41 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDE 'ENTATIVE PARCEL MAP 33960 'OMAR INVESTMENTS JOVEMBER 22, 2004 D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 52. A 6-foot wide landscaped median shall be constructed in the main circulation entry driveway from Highway 111 to the Costco Fueling Station drive aisle located approximately 400 feet from the Highway 1 1 1 centerline. Stop conditions from drive aisles accessing the main circulation entry driveway shall be implemented at this location and at the terminus located approximately 600 feet from the Highway 1 1 1 centerline. A three way stop may be implemented at the latter intersection if required by the City Engineer. ;ONSTRLICTION i3. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. .ANDSCAPING 54. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 55. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. i6. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. i7. 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. arts PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 42 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 ;OMAR INVESTMENTS IOVEMBER 22, 2004 i8. 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. 2UALITY ASSURANCE i9. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. i0. 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. i1. 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. 32. 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. JIAINTENANCE 33. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 34. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. =EES AND DEPOSITS 38. 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. orts - PC\2005\11-22-05\Costco\PC COA TPM 33960.doc 43 PLANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE PARCEL MAP 33960 [OMAR INVESTMENTS JOVEMBER 22, 2004 39. 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 permitls►. :NVIRONMENTAL MITIGATION 70. All Environmental Mitigation Measures contained in the Draft Environmental Impact Report 2005-539 shall be complied with. Drts PC\2005\11-22-05\Costco\PC COA TPM 33960.doc PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT 2005-833 FOR A RETAIL STORE OF 149,739 SQUARE FEET AND A FOUR BAY FUELING STATION CASE NO.: SITE DEVELOPMENT PERMIT 2005-833 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 22N' day of November, 2005 hold a duly noticed Public Hearing and to review the application for Site Development Permit 2005-833, which includes building elevations, site and landscape plans for a 149,739 square foot retail store and a four bay fueling station on16.68 acres; generally located south of Highway 1 1 1 and Depot Drive, more particularly described as: PARCEL 1 OF TENTATIVE PARCEL MAP 33960 WHEREAS, the Architectural and Landscaping Review Committee of the City of La Quinta, California did on the 6" of July, 2005 hold a public meeting to review building elevations, site and landscape plans for a 149,739 square foot retail store and a four bay fueling station on 16.68 acres and unanimously recommended approval; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-539 (State Clearinghouse # 2005081060) ("DEIR"), which DEIR has been review and considered by the Planning Commission, and as to which the Planning Commission has adopted findings contained in Planning Commission Resolution 2005- ; WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 7" day of November, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Site Development Permit 2005-833: 1. Consistency with the General Plan: The proposed commercial buildings are consistent with the City's General Plan in that the property is designated Regional Commercial (RC) and Commercial Park (CP). The project is consistent 4` Planning Commission Resolution 2005- Site Development Permit 2005-833 Costco Wholesale Adopted: November 22, 2005 with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. Consistency with the Specific Plan: The proposed project is consistent with the goals and objectives of the Komar Desert Center Specific Plan 2005-075, in that the project design feature including building heights, complies with the development standards and design guidelines. 3. Consistency with the Zoning Code: The proposed project is consistent with the Regional Commercial (RC) and Commercial Park (CP) Zoning District, in that the project meets the development standards including, but not limited to, setbacks, architecture, building mass, exterior lighting, parking, circulation, open space and landscaping. The proposed building is consistent with the City's Zoning Code in that the development standards and criteria contained in the Komar Desert Center Specific Plan 2005-075 supplements, replaces, or are consistent with those in the City's Zoning Code. 4. Site Design: The site design of the proposed project including, but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with the quality of design prevalent in the City and compatible with development in the area. 5. Landscape Design: The landscaping for the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of drought tolerant plants, trees and shrubs, provide an aesthetically pleasing and well functioning use of landscaping space. The landscape design of the proposed project, as conditioned by the ALRC, complements the building and the surrounding commercial area in that it enhances the aesthetic and visual quality of the area and uses a high quality of materials. 6. Architectural Design: The architectural design of the proposed buildings, including, but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and quality of design prevalent in the City. The architectural design of the project, as conditioned by the ALRC, is compatible with surrounding commercial buildings and development in the P:\Reports - PC\2005\11-22-05\Costco\SDP Reso.DOC 46 Planning Commission Resolution 2005- Site Development Permit 2005-833 Costco Wholesale Adopted: November 22, 2005 general vicinity in that it is similar in scale; the building materials provided are a durable, aesthetically pleasing, low maintenance, with 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. That the above recitations are true and constitute the findings of the Commission in this case; 2. That it does recommend to the City Council approval of Site Development Permit 2005-833 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 22nd day of November, 2005, by the following vote, to wit: AYES: NOES: 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\2005\11-22-05\Costco\SDP Reso.DOC 4 )LANNING COMMISSION RESOLUTION 2005- �IONDITIONS OF APPROVAL — RECOMMENDED iITE DEVELOPMENT PERMIT 2005-833 "OSTCO WHOLESALE JOVEMBER 22, 2005 Ny\Ia172011 The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. t. All Conditions of Approval for Specific Plan 2005-075 and Conditional Use Permit 2005-833 are incorporated by reference and apply to this Site Development Permit. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • SunLine Transit Agency • South Coast Air Quality Management District, Coachella Valley • Caltrans • U.S. Army Corp of Engineers (USACE) • California Department of Fish and Game (CDFG) • Colorado River Regional Water Quality Control Board (RWQCB) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's 4� 'LANNING COMMISSION RESOLUTION 2005- ;ONDITIONS OF APPROVAL - RECOMMENDED 'ITE DEVELOPMENT PERMIT 2005-833 ;OSTCO WHOLESALE JOVEMBER 22. 2004 ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. f. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (11 acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit to the Public Works Department a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. A orts-PC%2005\11-22-051Costco\PC COA SDP 2005-833.doc )LANNING COMMISSION RESOLUTION 2005- .ONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE JOVEMBER 22, 2004 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. i. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 3. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 3. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 (Major Arterial - State Highway, 140' Right -of -Way) - The standard 70 feet from the centerline of Highway 111 for a total 140-foot ultimate developed right of way except for: A) An additional right of way dedication for a right turn only/deceleration lane on Highway 111 at the Highway 111 /Depot Drive of seventy eight (78') feet from the centerline and length as required by Caltrans, and B) An additional right of way dedication for a deceleration lane at the Secondary Entry driveway of seventy eight (78') feet from the centerline and length as required by Caltrans. C) An additional right of way dedication for a bus turnout to the east of Depot Drive as required by the SunLine Transit Agency and as approved by Caltrans. a. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction J orts-PC\2005\11-22-05\Costco\PC COA SDP 2005-833.doc OLANNING COMMISSION RESOLUTION 2005- ;ONDITIONS OF APPROVAL - RECOMMENDE iiTE DEVELOPMENT PERMIT 2005-833 ;OSTCO WHOLESALE JOVEMBER 22, 2004 plans. Pursuant to this requirement, the Applicant shall include in the submittal packet submitted for off -site street improvement plan checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 10. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Site Development Permit are necessary, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 11. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Highway 111 (Major Arterial — State Highway) - 50-foot from the Right -of - Way - Property Line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 12. Direct vehicular access to Highway 111 from parcels with frontage along Highway 1 1 1 is restricted, except for those access points identified on the Site Development Permit site plan, or as otherwise stated in these conditions of approval. 13. The applicant shall commit to provide reciprocal accesses to adjacent properties at a reasonably feasible location along the project's western and eastern boundary, to be determined by the Public Works Director if and when he or she determines that such reciprocal access promotes good area traffic circulation and does not overly burden the Komar Desert Center site. When future development of the adjacent properties has been established, the City Engineer may determine that said reciprocal access or accesses are not warranted and shall issue a written notice canceling this requirement. 51. ,orts - PM2005\11-22-05\C0stc0\PC COA SDP 2005-833.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED iITE DEVELOPMENT PERMIT 2005-833 ;OSTCO WHOLESALE JOVEMBER 22, 2004 14. 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. 15. 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 Site Development Permit and the date of recording of any Final Map, unless such easement is approved the City Engineer. MPROVEMENT PLANS 4s used throughout these Conditions of Approval, professional titles such as "engineer," 'surveyor," and "architect," refer to persons currently certified or licensed to practice their -espective professions in the State of California. 16. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 17. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. a] E Off -Site Street Improvement/Storm Drain Plan Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal 52 wr[s - PC\2005111-22-05\Costco\PC COA SDP 2005-833.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED 'ITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE 4OVEMBER 22, 2004 The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. Traffic Signal Modification Plan 1 " = 20' Horizontal G. Off -Site Median Landscaping Plans 1 " = 40' Horizontal NOTE: D through G to be submitted concurrently. Caltrans approval required for all work within Highway 111 right of way. H. Precise Grading Non -Residential 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. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and noting the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Precise Grading Non -Residential" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department wits - PC\2005\ 1 1-22-05\Costco\PC COA SDP 2005-833.doc OLANNING COMMISSION RESOLUTION 2005- ;ONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE JOVEMBER 22, 2004 home page and look for the Online Engineering Library hyperlink. 19. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. MPROVEMENT SECURITY AGREEMENTS 20. Upon approval of this Site Development Permit, the applicant shall complete the parcel map process to establish the parcels. The following conditions (Condition 21 through 25) will be applicable to finalizing the final parcel map. 21. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a Subdivision Improvement Agreement, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a Subdivision Improvement Agreement prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 5 Sorts - PC\2005\I1-22-MCostco\PC COA SDP 2005-833.doc )LANNING COMMISSION RESOLUTION 2005- ;ONDITIONS OF APPROVAL - RECOMMENDED ATE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE 4OVEMBER 22, 2004 ?2. Depending on the timing of the development of the Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to construct all off - site improvements as itemized below: A. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial — State Highway, 140' ROW ): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Highway 111 at the Highway 1 1 1 /Depot Drive intersection. The south curb face shall be located sixty eight (68') south of the centerline and length as approved by Caltrans. b) A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty eight feet (68') south of the centerline and length as approved by Caltrans. c) A bus turnout on Highway 1 1 1 east of the Highway 1 1 1 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 1 1 1 right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that 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 ports - PC\2005\11-22-05\Costco\PC COA SDP 2005-833.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2005-833 ,OSTCO WHOLESALE NOVEMBER 22, 2004 perimeter wall at intervals not to exceed 250 feet. f) Modify the existing traffic signal at the Highway 111 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 111, a dual left turn for westbound Highway 111 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. g) A bus shelter on the south side of Highway 1 1 1, west of Depot Drive to be constructed in accordance with the City's Highway 111 Design Guidelines. h) An 24 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 111 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant may perform interim intersection and signal improvements at the Highway 111 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 111 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 23. 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. 56 )orts - PC\2005\11-22-05\Costco\PC COA SDP 2005-833.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2005-833 ;OSTCO WHOLESALE JOVEMBER 22, 2004 For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. 24. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 3RADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. The applicant shall comply with all the mitigation measures identified the the EIR for the pre - grading and on -site monitoring requirements. 28. To obtain a grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. sorts - PM2005\11-22-05\Costco\PC COA SDP 2005-833.doc 57 'LANNING COMMISSION RESOLUTION 2005- ;ONDITIONS OF APPROVAL - RECOMMENDED 'ITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE JOVEMBER 22, 2004 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Grading Plan(s) 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. 29. 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. 30. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 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. 31. The applicant shall abandon any existing wells within the Site Development Permit boundaries as approved by CVWD and the City Engineer. 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the site development permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 33. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 34. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. sorts - PC\2005\11-22-05\Costco\PC COA SDP 2005-833.doc 58 )LANNING COMMISSION RESOLUTION 2005- ;ONDITIONS OF APPROVAL - RECOMMENDE ;ITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE 9OVEMBER 22, 2004 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 35. Stormwater handling shall conform with the approved hydrology and drainage report for Komar Desert Center. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. Nuisance water shall be retained on site and shall be disposed of in a system approved by the City Engineer and CVWD. 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting there from those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 39. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 40. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone ports - PM2005\11-22-05\Costco\PC COA SDP 2005-833.doc 53 )LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE 4OVEMBER 22, 2004 stands, to ensure optimum placement for practical and aesthetic purposes. 11. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 42. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 43. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 44. The applicant shall construct the following street improvements to conform with the City of La Quinta General Plan (street type noted in parentheses.) B. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial — State Highway, 140' ROW ): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the City of La Quinta General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: i) A deceleration/right turn only lane on Highway 111 at the Highway 1 1 1 /Depot Drive intersection. The south curb face shall be located sixty six (66') south of the centerline and length as approved by Caltrans. j) A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty six feet sorts - PC\2005\11-22-05\Costco\PC COA SDP 2005-833.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL — RECOMMENDE ;ITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE dOVEMBER 22, 2004 (66') south of the centerline and length as approved by Caltrans. k) A bus turnout on Highway 111 east of the Highway 111 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 111 right or way and/or adjacent landscape setback area include: 1) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. m) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that 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. n) Modify the existing traffic signal at the Highway 111 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 111, a dual left turn for westbound Highway 111 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. o) A bus shelter on the south side of Highway 1 1 1, west of Depot Drive to be constructed in accordance with the City's Highway 111 Design Guidelines. p) A 24-foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 111 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. F)j )ons - PC12005\11-22-05\Costco\PC COA SDP 2005-833.doc tLANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL — RECOMMENDED ;ITE DEVELOPMENT PERMIT 2005-833 =TCO WHOLESALE dOVEMBER 22, 2004 The applicant shall install interim intersection and signal improvements at the Highway 111 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 1 1 1 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. The applicant shall extend improvements beyond the site development permit boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Pursuant to this condition, the applicant shall construct street improvements along the north leg of the Highway 1 1 1 /Depot Drive intersection including widening of Depot Drive and signal modification required for the ultimate street improvement configuration. The applicant is responsible for construction of all improvements mentioned above. Entry drives, main interior circulation routes, 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. 45. 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 and shall be increased based on a geotechnical report for the development: Parking Lot (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. Parking Lot (High Traffic Areas) 4.5" a.c /5.5" c.a.b. Major Arterial — State Highway Per Caltrans or the approved equivalents of alternate materials. 46. 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. 47. General access points and turning movements of traffic are limited to the following: ++ sorts - PC\2005111-22-05\Costco\PC COA SDP 2005-833.doc E 1 )LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2005-833 ,OSTCO WHOLESALE VOVEMBER 22, 2004 A. Primary Entry on Highway 111 at Depot Drive: All turn movements are permitted at this existing signalized intersection. B. Secondary Entry Driveway: Right turn in and out movements are permitted. Left turn out and in movement is prohibited. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. M 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, and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 50. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. 4-foot clearance for ADA accessibility across all sidewalk areas shall be provided excluding 2-foot overhang for parked vehicle. Wheel stops are not permitted. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 51. A 6-foot wide landscaped median shall be constructed in the main circulation entry driveway from Highway 111 to the Costco Fueling Station drive aisle located approximately 400 feet from the Highway 111 centerline. Stop conditions from drive aisles accessing the main circulation entry driveway shall be implemented at this location and at the terminus located approximately 600 feet from the Highway 111 Torts - PC\2005\71-22-05\Costco\PC COA SDP 2005-833.doc 'LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDE ;ITE DEVELOPMENT PERMIT 2005-833 ,OSTCO WHOLESALE 4OVEMBER 22, 2004 centerline. A three way stop may be implemented at the latter intersection if required by the City Engineer. _-ONSTRUCTION 52. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. -ANDSCAPING 53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 56. 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. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 58. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 59. 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. 60. The applicant shall arrange for, and bear the cost of, all measurements, sampling and sorts - M2005111-22-MCostco\PC COA SDP 2005-833.doc f ILANNING COMMISSION RESOLUTION 2005- ,ONDITIONS OF APPROVAL - RECOMMENDED 31TE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE 4OVEMBER 22, 2004 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. 51. 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 62. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 63. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 68. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 69. 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). SHERIFF DEPARTMENT 70. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. FIRE MARSHALL )orts - PC\2005\71-22-05\Costco\PC COA SDP 2005-833.doc f )LANNING COMMISSION RESOLUTION 2005- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2005-833 :OSTCO WHOLESALE 4OVEMBER 22, 2004 71. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. 4RCHITECTURE AND LANDSCAPE REVIEW COMMITTEE 72. Planting areas within the parking lot shall be redesigned to allow breaks in the plant hedges for pedestrians. These breaks shall be made on the east and west side of the bulding parking area/elevation as well. 73. A revised landscape plan shall be prepared identifying trees in and around the building shall be in scale with the building and shall be a minimum of a 36 inch box with a 2 inch caliper. Larger trees may be required to break the the scale of the building. �_OMMUNITY DEVELOPME 74. Applicant is prohibited from placing temporary seasonal storage containers on the site. 75. All mechanical equipment shall be screened from public view; trash and recycling containers and equipment shall be fully screened from public view with a block wall. A 10-foot-high masonry wall shall be constructed along the western perimeter of the drive aisle separating the truck drive aisle from the off -site property. Final design shall approved by the Community Development Director. 76. All trees shall be installed with a minimum of a 36 inch box size with a minimum two inch caliper; and medium shrubs shall be installed with a minimum five gallon size. 77. There shall be a five foot setback between sidewalks and any "spiky plants" as listed on the landscape plan. 78. Landscaped planters shall be installed on both sides of all shopping cart corrals. a Jesign shall be subject to the Community Development Department Director review and approval. 79. All Environmental Mitigation Measures contained in the Draft Environmental Impact Report 2005-539 shall be complied with. BO. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 31. The applicant shall install building mounted and parking lot lighting to the east, west and south of the Costco building to be no more than 18 feet in height. ports - PC\2005\11-22-05\Costco\PC COA SDP 2005-833.doc 3LANNING COMMISSION RESOLUTION 2005- 'ONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 ,OSTCO WHOLESALE 9OVEMBER 22, 2004 32. Prior to issuance of a grading permit, the applicant shall submit a revised site plan for the area from the Highway 111 bus shelter to the north edge of the Costco parking field to be approved by the Community Development Director. This shall include a path of pedestrian travel from the Highway 1 1 1 bus shelter to the north edge of the Costco parking field, unobstructed access points across the east - west driveway on the north side of the parking field connecting the walkway to the Costco store and also to the future building areas 1 and 2; the lane striping for the main driveway, and landscape planter redesign to accommodate public art and/or a gateway entry feature. 83. The site plan for the Costco Wholesale store and Fueling facility Site Development Permit application submittal indicate specific building footprints and square footages (identified as buildings A — J) for the the second phase of site development;this information is not a part this Site Development Permit approval. ports - PC\2005\11-22-05\Costco\PC COA SDP 2005-833.doc F J ATTACHMENT #1 HIGHWAY III PROJECT LOCATION AI ®� swat y A v O Q aw �� 72 wnacw aanc 4+ aw AGAt au Acne. anae � O�� i F � Q Maa 7 w z Z IE 7M= 0 0 n, OfY 4 l I,MOa j� W Yw w MrO I O 2 O'� D'T 11C Wa m �1� �� _ J A 4p I ` n I� rrr b I AVENUE 48 Ll s8 ATTACHMENT i o WRMWA OyM[ar RANCHODesert Sands Unified School District lON li• �MOIAa YtELld a 47-950 Dune Palma Road • La Quinta. California 92253 • (760) 777-4200 PALM DE6fRT v 40UIMTA �a d0 INGID ti9 October 26, 2005 Mr. Fred Baker, Principal Planner City of LaQuinta Community Development Department P.O. Box 1504 La Quinta, CA 92253-1504 RILI [E 0 V1 [E kLp OCT 3 12005 CITY OF LA OUINTA COMMUNITY DVELOPMENT DEPAR Request for Comments: Komar Desert Center- south side of Hwy 111, west of Jefferson. Dear Mr. Baker, This is in response to your request for input on the above referenced project and its effect on public schools. All actions toward commercial development will potentially result in an impact on our school system. School overcrowding is a District -wide concern for Desert Sands Unified School District. The District's ability to meet the educational needs of the public with new schools has been seriously impaired in recent years by local, state and federal budget cuts that have had a devastating impact on the financing of new schools. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. Please feel free to call me if you have further questions. Thank you. Sincerely, Peggy Davis, Director Facilities Services PD/sm 6; ATTACHMENT MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City HIV 78-495 Calle Tampico, La Quinta, CA July 6, 2005 i 10:00 a.m. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:10 m. by Community Development Director Doug Evans. B. Committee Members pre---'L: Frank Christopher, Bill Bobbitt, and David Thorns. 7 C. Staff present: Communjfy Development Director Doug Evans, Principal Planner Fred Baker, Alssociate Planner Wallace Nesbit, and Executive Secretary Betty Savier. II. PUBLIC COMMENT: N e. III. CONFIRMATION OF HE AGENDA: Confirmed. IV. CONSENT A. Staff Oked if there were any changes to the Minutes of June 1, 2005 There being no changes, it was moved and seconded by Co mittee Members Christopher/Thoms to approve the Minutes as s mitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2005-833; a request of Mulvanny G2 Architecture for consideration of architectural and landscaping plans for a 150,000 square foot retail store and fueling station for the property located south of the intersection of Depot Drive/Highway 1 1 1, between Dune Palms Road and Jefferson Street. 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. Staff introduced Peter Clement and Jeffrey Wilson, Brad Lenahan, the Costco representative, the architect and landscape architect, who gave a presentation on the project. G:\WPDOCS\ALRC\7-6-05 ALRC.doc 7 0 Architecture and Landscaping Review Committee July 6, 2005 1. Committee Member Christopher asked about the wall abutting the low-income housing project next door and the drive for the loading trucks. Mr. Clement answered they have looked at the drive for the trucks. 2. Committee Member Thorns asked if the access path was to service the handicap. He then asked about the path on the east. The blowups of the parking area show it as a pedestrian connection, on the west side of the access path there is a concrete block the cars to the west. On the east side there is a low wall and hedge planting and then the parked cars. What happens when pedestrians want to get to the path, do they walk through the shrubs. Mr. Wilson stated there is a clear path to both sides where the parking spaces are provided. Where there needs to be ADA accessibility, it will be open on both sides. This is a typical cross section, not actual. Committee Member Thorns stated his concern is that people will have to walk through the hedge to get to the path. Mr. Wilson stated where there are no ADA accessible paths, people will normally use the vehicle travel lanes, but they will work with their landscape architect to ensure there are break areas where people will want to walk through. Mr. Clements asked if it would be better to meander the sidewalks to work out with the ADA spaces. Committee Member Thorns stated there is not enough room to meander a sidewalk. Mr. Clements stated they could move the shrubs from one side to the other to create the breaks on the east side as well. Mr. Wilson went on to describe the pathway from Highway 111 to service pedestrian access as well as ADA pathway. 3. Committee Member Bobbitt asked the height limits for this location. Staff stated 40-feet, but architectural projections can exceed this. Committee Member Bobbitt asked about the use of the Chinese Elm and Ash trees; are these normal trees for Costco? Mr. Brad Lenahan, landscape architect for the project, stated yes, and explained the alternative trees they may use. Committee Member Bobbitt discouraged the use of the Pistacias because they will blow over and split. They need to be maintained or they will not achieve their purpose. Committee Member Bobbitt commended the applicant on the parking lot islands at 6-feet. He then asked what type of irrigation would be used. Mr. Lenahan stated drip for shrubs, deep two inch G:\WPDOCS\ALRC\7-6-05 ALRC.doc 2 71 Architecture and Landscaping Review Committee July 6, 2005 bubblers on the trees. Committee Member Bobbitt stated the bubblers can be a problem if not installed correctly. It is better to use a grid of emitters, one on each side of the tree. Mr. Lenahan suggested nettafim that is laid out in a grid. 4. Committee Member Christopher asked about the 1.5 inch caliper trunk tree size and suggested they be 36-inch box trees. 5. Committee Member Bobbit explained the 1.5 inch was a Code requirement. Mr. Lenahan stated that when they submit for plan check the specifications will be listed at that time. 6. Committee Member Christopher stated the trees next to the building should be larger. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2005-023 recommending approval of Site Development Permit 2005-833, as recommended and as follows: a. Redesign the planting areas to allow breaks in the plant hedges for pedestrians in the parking lot. Accommodations shall be made on the east and west elevations. b. Trees in and around the building shall be in scale with the building. Unanimously approved. B. Villacie Use Permit 2005-029; a request of Prest Vuksic Architects for con 'deration of architectural and landscaping plans for a 30,787 square oot of retail in two one-story buildings, for the property located at a southwest corner of Calle Estado and Desert Club Drive. 1. Associate lanner Wallace Nesbit presented the information contained in staff report, a copy of which is on file in the Community Deve ment Department. Staff introduced David Prest, John Vuksic an Bob Lichter, the architect and landscape architect, who gave a pre tation on the project. 2. Committee Member Bobbitt clarifl that in regard to the palm trees, his comments have been that t y not be placed in high G:\WPDOCS\ALRC\7 6-05 ALRC.doc 3 PH #B STAFF REPORT PLANNING COMMISSION DATE: NOVEMBER 22, 2005 CASE NO.: ENVIRONMENTAL ASSESSMENT 2005-545 AND TENTATIVE TRACT MAP 33717 APPLICANT: QUADRANT, INC. PROPERTY OWNER: JOB LOPEZ ENGINEER: WARNER ENGINEERING (WILLIAM H. WARNER & JOHNATHAN HOY) LOCATION: SOUTH SIDE OF AVENUE 58, 841 ± FEET WEST OF MONROE STREET REQUEST: CONSIDERATION OF THE SUBDIVISION OF 4.6 ACRES INTO 17 SINGLE-FAMILY LOTS AND OTHER PARCELS ENVIRONMENTAL CONSIDERATION: ENVIRONMENTAL ASSESSMENT 2004-545 WAS PREPARED FOR THIS TENTATIVE TRACT MAP IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND THEREFORE, RECOMMENDS A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE RECOMMENDED FOR CERTIFICATION. GENERAL PLAN DESIGNATION: LDR (LOW DENSITY RESIDENTIAL, UP TO 4 DWELLING UNITS PER ACRE) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING ZONING/LAND USES: NORTH: RL / SINGLE FAMILY RESIDENTIAL SOUTH: RL/VACANT EAST: RL / RURAL RESIDENCE WEST: RL / RURAL RESIDENCE P:\Reports - PC\2005\11-22-05\TT 33717 & EA 05-545\TT 33717 PC RPT.doc BACKGROUND: The project site is a former date palm grove located on the south side of Avenue 58 approximately 841 feet west of Monroe Street. The property is an elongated, rectangular lot, 651 feet deep, with 324 feet of frontage along Avenue 58. Across the street to the north is Tract 30092, a single-family residential subdivision known as Piazza Serena. Across the street to the northwest is the Imperial Irrigation District office. Surrounding land uses to the east, west, and south are rural/agricultural. Adjacent properties immediately to the east and west each have a single-family residence and do not include farming as a primary activity. PROJECT REQUEST: The applicant is proposing to subdivide the 4.84 acre site into 17 single-family residential lots (Attachment 1). Five miscellaneous lots would be created, primarily for storm water retention, landscaping, and a private street. The proposed density of this subdivision is 3.7 dwelling units per acre, which is within the maximum four dwelling units per acre range allowed in the Zoning Code and General Plan land use designation. The existing Low Density Residential (RQ zoning on the property requires a minimum lot size of 7,200 square feet. The smallest lot proposed for this project is 7,777 square feet and the largest is 8,835 square feet, averaging 8,363 square feet. Landscaping and Design As the project is located along a designated agrarian image corridor, a multi -use trail has been proposed along the Avenue 58 frontage, though the actual trail location cited on the tentative tract map will need to be adjusted farther from the street. Behind the multi -use trail, two landscaped parcels are proposed with a narrow retention area at the rear of lot D. The applicant is proposing a preliminary terraced wall design with water features and desert landscaping (Attachment 2). Final details concerning the proposed landscaping and wall design will be worked out with staff during the permit process. An additional retention basin is proposed at the rear of the project site. Layout The layout consists of a single, 599 foot long linear street with a 10-foot by 40-foot landscaped island proposed mid -length and a cul-de-sac at the end. The project's single, gated entry will access Avenue 58. Left turns exiting from the project onto Avenue 58, a Secondary Arterial, will be restricted due to existing driveways within 600 feet at Piazza Serena and IID. A turnaround with three -car stacking and a landscaped median is identified at the entry gate on Avenue 58. Due to the narrow property and the vehicle stacking standards at the entry gate, lots 1 and 17 have been designed as flag lots as per Zoning Ordinance Section 9.50.070. The 'flagpole' portions of these lots are 10 feet in depth and provide adequate width for driveway and emergency access (17 and 19 feet respectively). Front setback P:\Reports-PC\2005\11-22-05\TT 33717 & EA 05-545\TT 33717 PC RPT.doc A. standards for these two lots shall begin from the wall rather than the street, resulting in the homes being set 10 feet farther back from the street than adjacent properties. Public Notice This map application was advertised in the Desert Sun newspaper on November 5, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. The official Notice of Intent to Adopt a Mitigated Negative Declaration was posted on November 3, 2005 and was also published in the Desert Sun newspaper on November 5, 2005. As of this writing, no comments have been received. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. ISSUES: Left turns exiting the site will not be permitted, due to the close proximity of adjacent driveways across the street at Piazza Serena and the Imperial Irrigation District office. The entry gate turnaround for vehicles must be widened and a condition of approval is recommended. The redesign will not significantly impact the project in that it does not require the modification of any lot lines. The Multi -Purpose Trail and proposed preliminary landscaping designs will be modified accordingly during the permitting phase. Though the immediate properties to the east and west of the project site are approximately 4 acres in size, adjacent Piazza Serena has lot sizes ranging from approximately ± 11,500 to ± 14,000 square feet, and Andalusia at Coral Mountain has lot sizes ranging from ±9,800 to ± 17,000 square feet. STATEMENT OF MANDATORY FINDINGS: Findings necessary to recommend approval of this request can be made, as conditioned, and contained in the attached Resolutions for the Environmental Assessment and Tentative Tract Map. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2005- recommending to the City Council certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-545; and, 2. Adopt Planning Commission Resolution 2005- , recommending to the City Council approval of Tentative Tract Map 33717, subject to attached Findings and Conditions of Approval. PAReports - PC\2005\11-22-05\TT 33717 & EA 05-545\TT 33717 PC RPT.doc 1 3 Attachments: 1. TT 33717 map exhibit 2. Preliminary landscaping and design graphics Prepared by: 47 AndrgKw J. Mogensen, Assb'ciate Planner P:\Reports - PC\2005\71-22-05\TT 33717 & EA 05-545\TT 33717 PC RPT.doc Environmental Checklist Form 1. Project title: Tentative Tract Map 33717 2. Lead agency name and address: City of La Quints, 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Andrew J. Mogensen, Associate Planner 760-777-7068 4 Project location: South side of Avenue 58, west of Monroe Street, and east of Madison Street. APN 764-180-002. 5. Project sponsor's name and address: Quadrant, Inc. Attn: Mr. Sevak Kachadurian 7586 Woodrow Wilson Drive Los Angeles, CA 90046 6. General plan designation: Low Density 7. Zoning: Low Density Residential (up Residential (up to 4 du/acre) to 4 du/acre). 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) a The project is a proposed residential development of seventeen detached single family dwellings which will be built on 4.84 gross acres (4.59 net acres), upon which an unniaintained date palm grove is now located. The project is located on the south side of Avenue 58, west of Monroe Street and east of Madison Street. Avenue 58 is designated as a secondary arterial. It is also includes a multi -use trail, a Class II bike lane, and an agrarian image corridor. A private cul de sac will be constructed inside the subdivision, connecting to Avenue 58. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Across Avenue 58 to the northwest is an Imperial Irrigation District office. A residential community is currently being built just north of the property. South: Date palm groves are located to the south of the site, and a dirt field road runs along the southern portion of the property. A single family home is located to the southeast of the site and another single family home is located to the southwest of the site. East: Date palm groves are located to the east of the site. West: Date palm groves are located to the west of the site. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District Coachella Valley Unified School District J -1- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic H Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EM or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 11 � 1 i Dat -2- E EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a -3- project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors", and GP Master Environmental Assessment, Exhibit 2.5) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glaze which would adversely affect day or nighttime views in the area? (Application materials) I. a) The LaQuinta General Plan indicates that Avenue 58 is to be maintained as an Agrarian Image Corridor'. The proposed project will be required to include parkway landscaping consistent with the agrarian image corridor standards. This could potentially contain date palms that would be relocated from the interior of the site. The City requires maximum building height in an image corridor to be 22 feet within 150 feet of an image corridor road. Because of the layout of the proposed development, the parcels that will be located within the image corridor include residential lots I and 17, as well as open space lots C and D (closer to Avenue 58). If treated as discussed above, the development's impacts upon this image corridor will be less than significant. b) There are no trees, rock outcroppings or historic structures on the project site. Avenue 58 is not a state scenic highway, and the damage to scenic resources will be less than significant due to required adherence to the City's design standards. c) The site is located in an area of rapidly developing single family homes. The proposed project will be consistent with this type of development. Adherence to the City's standards for Agrarian Image Corridors will reduce the potential impacts associated with degradation of the character of the area to less than significant levels. d) Some light and glare is expected to emanate from the seventeen proposed dwellings in the development. Likewise light and glare from vehicular traffic and future street lights will be visible. Exhibit 3.6, Image Corridors, Traffic and Circulation Element, City of La Quinta General Plan, 2002. -5- Standard design features included in the City's Zoning Ordinance, such as low lighting levels, and the shielding and directing downward of all outdoor lighting to preserve the dark night sky, will be required to diminish potential light impacts to acceptable levels. No illumination of land outside the development perimeter and outside of any individual lot perimeters will be permitted. Building design should minimize the use of glass and other reflective surfaces. Impacts associated with scenic resources are generally expected to be less than significant with adherence to the City standards discussed above. S12 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURAL RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) Maps from the California Department of Conservation's Farmland Mapping and Monitoring Program indicate that the site under consideration is not prime farmland, unique farmland, or farmland of statewide importance. The proposed subdivision will not impact local agricultural resources as numerous nearby farms continue in operation, including other date palm groves, and several large, active farms within one mile of the site. The La Quinta Comprehensive General Plan shows that the property has been set aside for residential use, rather than for farmland. There are no Williamson Act contracts on the land. Residential development of this property will not cause any significant impacts to agricultural resources. 11. 7- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photos, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photos, site inspection) III. a), b) & c) It is expected that vehicle trips generated by the proposed project will be the most significant generators of air pollutants. The proposed project will result in seventeen single-family homes, which have the potential to generate up to 163 trips per day. Based on this traffic generation and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. 2 "Trip Generation, 7th Edition," Institute of Transportation Engineers, category 210, Single Family Detached.l Z -8- Moving Exhaust Emission Projections at Project Build -out (noundsoer dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 163 x 15 = 2,445 Pollutant ROG CO NOX SOX PM 10 Pounds 3.4 31.3 3.3 0.0 0.3 SCAQMD Threshold (lbs /dav) 75 550 100 150 150 Assumes 2,445 average daily trips. Based on California Air Resources Board's EMFAC 2002 Version 2.2 Emissions Tables Scenario year 2007 model years 1965-2007. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for vehicle emissions. The project's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. Despite the fact that the development would not exceed SCAQMD thresholds, the City of La Quinta and the Coachella Valley are a severe non -attainment area for PM 10 (particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following measures that are to be included in the conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance Grading of the proposed development will generate 121.2 pounds of fugitive dust over the course of the entire grading and construction operation. Fugitive dust would therefore be no more than that total amount on any individual day. Even if the entire 17 residential lots were to be graded in a single day, this would not exceed the 150 pound per day SCAQMD threshold for PM10. The City of La Quinta requires compliance with PM10 plan preparation and implementation through its ordinance (Chapter 6.16 of the municipal code), and this project is subject to these requirements. III. d) & e) Sensitive receptors near the proposed residential development include other residential neighborhoods. Offices of the Imperial Irrigation District are also nearby. The proposed development is in an area of numerous golf courses, residential neighborhoods, and agricultural uses. The Westside School is about 1.1 miles 40S -9- the project site, but there are no schools or hospitals within a mile of the proposed seventeen unit development. The proposed subdivision is not expected to create objectionable odors affecting a substantial number of people, nor will it expose residents to concentrations of pollutants. Odors from grading, laying of asphalt, construction vehicles and other sources are expected to be minimal and very short-lived. Overall, the air quality impacts of this proposed development are expected to be less than significant assuming adherence to the requirements noted above. to- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) IV. a) The property is currently being used as a date pahn grove and consists of relatively level terrain with an elevation of approximately 60 feet below mean sea level. -11- Between the rows of unmaintained date palm trees, the site also has alternating rows of dead orange trees. The plant community between Avenue 58 and the grove consists primarily of weeds and other grasses, and it has been disturbed by human activity along the road shoulders. The site does not support significant native vegetation. The presence of agricultural rows creates the potential for habitat for the burrowing owl, a species of concern. Burrowing owls sometimes occur in disturbed habitats and are often linked with the presence of California ground squirrels. The biological report prepared for the proposed project indicates, however, that no evidence of burrowing owls was found during the site visit3. In accordance with the policies contained in the General Plan, the project proponent is required to complete a pre -construction survey for burrowing owl prior to construction, in order to assure that impacts to this species will not be significant. Therefore, the following mitigation measure shall be implemented. 1. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Community Development Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbing permit. In addition to the burrowing owl, the Coachella Valley Fringe -Toed lizard, a federally listed (threatened) and state listed (endangered) species occurs in the vicinity. The disturbed nature of the site and the lack of suitable habitat eliminate the likelihood that the fringe -toed lizard will be present on site, however. This project is not located in the Coachella Valley Fringe -Toed lizard Habitat Conservation Plan fee area. b) Due to the long term use of the site in agriculture, the project is not expected to have a substantial adverse effect on any riparian habitat or other sensitive natural community°. c) There are no wetlands on the site and the project is not expected to have a substantial adverse effect on federally protected wetlands. d) The project is not expected to interfere substantially with the movement of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, due to its disturbed condition. e) There is no conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy. f) As the development site is already disturbed and has been used for agriculture, no interference with a Habitat Conservation Plan or Natural Community Conservation Plan is expected. 3 Biological Resources Report on a 4.6 acre parcel (APN 764-180-002) along 58ih Avenue in La Quinta, by ECORP Consulting of Redlands, CA, June 28, 2005. 4 2002 La Quinta General Plan, Natural Resources Element Exhibits: 6.1 (Giant Sand Treader Cricket); 6.2 (Desert Tortoise); 6.3 (Fringe -Toed -Lizard); 6.4 Flat -Tailed Homed Lizard; 6.5 (Palm Springs Ground Squirrel); 6.6 (Palm Springs Pocket Mouse); and 6.7 (Peninsular Bighorn Sheep). -12- t Overall, impacts to biological resources from this proposed development with recommended mitigation will be less than significant. -13- 9 7 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("Cultural Resources Survey Report" ECORP Consulting, Inc., September 2005) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Cultural Resources Survey Report" ECORP Consulting, Inc., September 2005) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontological Evaluation Report" Cogstone, March 2005) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan Master Environmental Assessment, p. 123 ff.) V. a) The results of the historic resources survey by ECORP indicate that there are no historic resources on site, and that there are only two within one mile of the sites. b) The Phase 1 archaeological survey for this project indicates that eleven archaeological sites have been recorded within one mile of the site. No cultural resources were identified within the boundaries of the project, however. Following City policy for this area, the archaeologist recommended the following mitigation measures: On- and off -site trenching and rough grading shall be monitored by a qualified archaeologist. If cultural material is observed by the monitor, trenching and rough grading must be suspended until the deposits are recorded and evaluated by a qualified archaeologist. The archaeologist shall provide the Community Development Department with a report detailing the findings of the monitoring effort within 30 days of the completion of the monitoring. c) Freshwater mollusk shells (including clams and snails) of the Holocene Lake Cahuilla beds were observed at the surface through the entire property6. No fossil localities had previously been collected from within a one -mile radius of the site. These fossils document a previously unknown high stand of Lake Cahuilla dated to about 6,000 years before the present. 5 "Cultural Resources Survey Report for a 4.6 acre Parcel in La Quinta (TTA 33717)," prepared by Roger Mason, Ph.D. of ECORP Consulting, Inc., of Redlands, CA, revised September 2005. 6 "Paleontological Evaluation Report and Mitigation Plan for a 4.6 Acre Parcel in La Quinta, California," by Cogstone Resource Management, Inc., of Santa Ana, CA, prepared March 2005. -14- Subsurface excavation work has the potential to impact significant nonrenewable fossil resources of the early to middle Holocene age. Following City policy for this area, the paleonotlogist recommended the following mitigation measures: 1. On- and off -site trenching and rough grading shall be monitored by a qualified paleontologist. The monitor shall salvage fossils, and shall be empowered to temporarily halt or divert equipment. Recovered specimens shall be prepared to the point of identification and permanent preservation. All excavation below a depth of ten feet should be monitored to mitigate the impact on early Holocene to Pleistocene fossil vertebrates that may be present. The paleontologist shall provide the Community Development Department with a report detailing the findings of the monitoring effort within 30 days of the completion of the monitoring. d) The site does not occur in an area known to have previously been used for burial. California law requires that anyone uncovering human remains during a construction project notify the authorities. The project contractor will be required to conform to these regulations, and will report any remains, should they be identified. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects7, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area8 or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (Exhibit 8.2 Liquefaction Susceptibility Map of the La Quinta Planning Area, La Quinta General Plan.) (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) c) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (MEA Exhibit 6.1 ) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) 7 Exhibit 8.1, Geologic Map and Engineering Properties of the La Quints Planning Area, Environmental Hazards Element, City of La Quinta General Plan 2002. 8 Exhibit 6.1, Near -Source (Fault) Zone and Soil Types, from La Quinta General Plan (2002), Master Environmental Assessment 16- VI. a) i) & ii) The site is not located in an Earthquake Fault Zone as designated by the State. Major fault zones considered to be the most likely to create strong ground shaking are the San Andreas Fault (about 7.7 miles northeast of the site), and the San Jacinto Fault (about 14 miles southwest of the site). The site is located within a seismically active area of Southern California and it is likely that the proposed structures will experience moderate to strong ground shaking from earthquakes in the region. Surface fault rupture is considered to be unlikely at the project site because of the well -delineated fault lines though the Coachella Valley. The City requires that structures be designed based upon Uniform Building Code Seismic Zone 4 design criteria. Liquefaction is a potential design consideration because of underlying saturated sandy soil9. Should liquefaction occur, total settlements are estimated to be about 2%2inches. Ground rupture and sand boil formation are unlikely because of the thickness of the upper unliquefiable soil. Because of the depth of the liquefiable layer, wide areas of subsidence from soil overburden would be the expected effect of liquefaction rather than bearing capacity failure of the proposed structures. Mitigation of liquefaction induced settlements is required at the site. 1. Mitigation shall include either soil improvement, rigid mat foundations, and grade -beam reinforced foundations that can withstand some differential movement or tilting, but may not protect fracturing of buried utilities. Flexible connections to utilities at the foundation interface are highly recommended, as are increased slopes for gravity flow sewer pipelines. 2. Because of the potential for differential settlement upon liquefaction, the designer should consider the structures be either founded on foundations that use grade -beam footings to tie floor slabs and isolated columns to continuous footings (conventional or post -tensioned); or structural flat -plate mats, either conventionally reinforced or tied with post -tensioned tendons. iv) The hazard of landsliding is unlikely due to the fairly level topography in the region. No ancient landslides are shown on geologic maps of the region and no indications of landslides were observed during the site investigation conducted by the geologist. b) According to Exhibit 6.5 of the City's Master Environmental Assessment, the site is located within an area of moderate wind erosion. The PM10 mitigation measures discussed in the Air Quality section of this Initial Study will help prevent erosion and the loss of topsoil. c) Subsurface soils consist of loose to medium dense interbedded sands with silty sands near the surface. Test borings show that the surface soils consist primarily of silty sands10. Expansion testing indicates that the surface silty sands are generally non - expansive and are classified as "very low" expansion category soils in accordance with Table 18-1B of the 1997 Uniform Building Code. d) The City requires connection to the Coachella Valley Water District (CVWD) sewer system, and the District has indicated in its June 30, 2005 letter to the La Quinta Planning Commission that the proposed subdivision will be annexed into Improvement District Numbers 55 and 82 for sanitary sewer service. 9 "Geotechnical Report Proposed Residential Development (APN 764-180-002," prepared by LandMark Geo- Engineers, March 2005. 10 ibid. -17- , �. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use reap) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of seventeen dwellings on the site will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, and these are designed to provide for safe disposal of hazardous substances generated in homes. Development of the proposed lots will occur in accordance with all applicable fire and safety codes and it will not hinder or conflict with any adopted emergency response or evacuation plans. The project is not expected to result in the routine transport, use or disposal of hazardous materials and is not expected to create a significant hazard to the public or the environment. A Phase I Environmental Site Assessment was prepared for the project site, due to its use as a date grovett. The property has been tested for the presence of organochlorine pesticides (OCPs) using EPA method 8081. Surface soil samples were collected from various sites on the property at a depth of about three inches below ground surface. Three OCPs were detected at the site: DDT, DDE (a by-product of the breakdown of DDT), and dieldrin. None of the other 17 OCPs were detected. DDT was detected in one sample and DDE in five samples. Concentrations of these pesticides were found to be at levels below US EPA and California Title 22 thresholds of concern. Dieldrin was detected in one sample and was below the federal and state thresholds of concern as well. These results are consistent with values obtained on other agricultural lands in the vicinity, and the toxins report indicates that based upon the concentrations detected, pesticide residues are not a concern at the site. The proposed development is not expected to create a significant hazard to the public or to the environment. The proposed residential development is not located adjacent to wildlands, and is not expected to pose any risks related to wildland fires. Impacts of the project related to hazards and hazardous materials are considered to be less than significant. I "Soil Sampling and Analysis at Avenue 58, west of Monroe Street, on 4.82 acres," by Earth Systems Southwest of Indio, CA, February 2, 2005. -19- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood hisurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-187 ff.) g) Place within a 100-year flood hazard X area structures which would im ede or -20- L redirect flood flows? (Master Environmental Assessment Exhibit 6.6; Flood Hazard Map of La Quinta General Plan — Exhibit 8.5) VIII. a) The proposed project is not expected to violate any water quality standards or waste discharge requirements. b) Groundwater was encountered at 33 feet below ground surface, and this is well within the historic range of groundwater levels. The proposed project is not expected to substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The applicant will be required to comply with the City's NPDES standards, ensuring that potential pollutants not be allowed to enter surface waters. These standards will assure that impacts to water quality and quantity will be less than significant. c & d) The development site is about 60 feet below sea level. The terrain is relatively level, although the existing Avenue 58 is several feet above the site. The applicant is proposing to accommodate drainage in the subdivision by way of a retention basin in the southeast corner of the property. The 9,792 square foot retention basin would be located at the south end of the private street, and adjacent to residential lots 9 and 10. It will allow the 25,100 cubic feet of flood volume generated by the 100 year storm to be retained on site12. Stormwater and project -generated urban runoff will be managed through the use of stormwater retention facilities, curb and gutter, and other standards in accordance with the standards implemented by the Public Works Department. e), f & g) The Coachella Valley Water District has indicated that the development site is protected from regional stormwater flows by the Coachella Valley Stormwater Channel and may be considered safe from regional stormwater flows except in rare instances. According to the Coachella Valley Water District, the property under consideration is designated as being in Flood Zone C on Federal Flood insurance rate maps. Flood zone C refers to areas of minimal flooding. The District has indicated that the stormwater issues of the development are merely those of local drainage, and that the District needs no further review. 12 "Tentative Tract Map Drainage Calculations for APN 764-180-002, La Quinta California," prepared by Warner Engineering of Palm Desert, CA, April 2005. -21- r Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element; General Plan Exhibit 2.1 Land Use) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) Construction of the seventeen unit Quadrant residential development will not divide an established community. The development does not conflict with habitat conservation plans or natural community conservation plans. Historically the 4.84 acre property has been a date palm and orange grove. There are no houses or other buildings currently on site. The property is surrounded by other agricultural uses in an area that is rapidly developing a residential character. Conversion of this property from an unmaintained agricultural grove into a residential development of lots ranging in size from 7,810 square feet to 8,835 square feet conforms with the City's General Plan. The current land use designation for the property is Low Density Residential, allowing up to four dwellings per acre. The permitted maximum project density is 18 units for the site, so the 17 proposed lots are within the density allowed and are consistent with the City's Land Use Plan. -22- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p.71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) 13 X. a) & b) The proposed project consists primarily of interbedded sands, silty sands, and clays . The site is located in an area of the City that is transitioning from agricultural to residential uses. It is in Mineral Resource Zone MRZ-1. This refers to areas where adequate information exists to support the conclusion that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. 13 "Geotechnical Report for Proposed Residential Development APN 764-180-002," prepared by Landmark Consultants, Inc., of Palm Desert, CA, March 2005. -23- r Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. I I I ff. Impact Sciences Noise Study for Tentative Tract Map No. 33085, April 2005) b) Exposure of persons to or generation X of excessive groundbome vibration or groundbome noise levels? (General Plan MEA p. 111 ff. Impact Sciences Noise Study for Tentative Tract Map No. 33085, April 2005) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. I I I ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-d) Buildout of the project site will result.in noise from two sources: temporary noise associated with site improvement and construction, and permanent noise increases due primarily to increases in traffic generated by the project. Noise will be generated during project construction. Short-term, temporary noise impacts associated with the operation of heavy machinery are expected to occur during the grading and construction process. Two residences occur immediately southwest -24- r , and southeast of the project site. In order to assure that these residents are not significantly impacted by construction noise, the following mitigation measures shall be implemented: 1. To minimize impacts during the grading and construction process, all construction equipment shall be fitted with well -maintained mufflers. 2. Construction activities shall take place only during hours permitted by the City's noise ordinance. Long Term Noise Impacts Based upon measurements shown in Table 6.2 of the General Plan Master Environmental Assessment, of ten sites monitored in the city, the site closest to the subject property had the second lowest measured exterior noise levels at 58.6 dBAs. The project site is 1.1 miles southwest of this site (Westside School), in an area where several citrus and date palm orchards remain; is on a secondary arterial which is expected to experience less traffic than the City's primary roads; and is further away from the commercial centers of the City than the sites that were measured. Thus noise impacts at this site are expected to be below those of noise levels at most other neighborhoods in the City. Based upon Exhibit 3.1 of the City's General Plan, average daily traffic volumes in 2000 were far lower in this section of Avenue 58 (between Madison and Monroe), than in Avenue 52, for example (between Madison and Monroe) where traffic levels were over four times higher. Similarly, traffic volumes on portions of Highway I I I in La Quinta were almost 40 times higher than traffic levels on this portion of Avenue 58. This also suggests that noise levels for this property will be below that of other City neighborhoods. Buildout noise levels for Avenue 58 are also expected to be below the City's standard for exterior noise. The proposed project will further reduce on site noise levels through project design, by constructing a 6 foot wall along the property boundary, which will reduce noise levels 5 to 12 dBA. Interior Noise Interior noise should not be a concern with respect to this development, as Title 24 of the Uniform Building Code calls for insulated walls, glazed windows, and weather stripping on all doors and windows opening to the exterior. Insulated stucco walls and double paned windows can reduce exterior noise levels from 25.0 to 31.0 dB(A). As such, interior noise levels experienced in the proposed residential units will remain below the 45.0 dB(A) CNEL threshold required by Title 24. Long term noise impacts, therefore, are expected to be less than significant. e & f) The proposed project is over three miles from the Desert Resorts Regional Airport, so airport related noise impacts will be minimal. The proposed development site is not within an airport land use plan. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project is consistent with the General Plan land use designation for the site. The City's build -out population will not be significantly challenged or impacted by growth from the seventeen proposed dwellings. No individuals will be displaced to create this development. No replacement housing will need to be built elsewhere. The impacts of this development upon housing and population will be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff., and Exhibit 4.1: Public Facilities in the Planning Area.) XIII. a) Build -out of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Build -out of the proposed project will generate sales and property tax that will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees, fire mitigation fees, and park in lieu fees at the time of issuance of building permits to reduce the financial impacts to those services. Chief of Police Walter Meyer has indicated in a June 13, 2005 letter that there are no issues of concern at this time related to public safety and law enforcement for the proposed residential development. The Police Department has recommended for other projects that construction materials be kept in a locked storage facility during the construction period, and that the homes to be constructed should incorporate wide -angled peepholes into all dwelling front doors and all solid doors where visual scrutiny is compromised. This recommendation should be extended to the proposed project as well. The development will also provide for outdoor lighting and other measures that will reduce the need for police protection. These requirements will be included in the conditions of approval for the project. Schools are managed by the Coachella Valley Unified School District, and the developer will need to pay fees to the School District. The District has indicated that, -27- due to overcrowding, students from the development may need to be transferred to a school within the district that can accommodate them. School District Director of Facilities Eugene Vorwaller has indicated in a letter of June 27, 2005, that school fees of $2.88 per square foot of assessable space would apply to such residential construction, and that these fees are required to be paid prior to the issuance of project building permits. Parks and recreation areas are provided by both the City and the County, and the impact of the development upon these parks is expected to be less than significant. The property owner will be required to pay a parkland fee prior to recordation of the final map. -28- r Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1 Existing and Proposed Parks) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The City has numerous parks, and has set a standard of at least 3.0 acres of parkland for every 1,000 residents. Due to the small size of the proposed residential subdivision, however, impact of the development on recreational resources will be less than significant. The project will be required to pay Parkland Dedication fees as required by Chapter 13.48 of the City Subdivision Ordinance. -29- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (T rM 33717) e) Result in inadequate emergency X access? (TTM 33717) f) Result in inadequate parking capacity? X (TTM 33717) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10 Trails) XV. a) & b) The General Plan indicates that Avenue 58 from Jefferson to Harrison (and including the site in question) is to be developed as a Secondary Arterial14. City Associate Engineer Brian Ching, in a June 22, 2005 memo, has indicated that Avenue 58 is a Secondary Arterial with a Class R bike lane with a multi -use trail; that it will need to be widened to 36 feet from the centerline; and that a total of 48 feet of right of way 14 Exhibit 2.5 City Roadway Classifications, Traffic and Circulation Element, City of La Quinta General Plan, 2002. -30- ,l from the centerline will be required along the Avenue 58 boundary. These improvements will be required as part of the project approval conditions. The proposed project is expected to create 163 additional trips per day from the 17 new homes, but this is consistent with that projected in the General Plan EfR, and not a substantial increase in traffic in relation to existing traffic load and capacity of the street system. Madison Street has a right of way of I10 feet and is designated as a Primary Arterial. The proposed development will not exceed the level of service standard established by the City. c) The project will not result in a change in air, rail, or waterborne traffic patterns. d & e) The project will not substantially increase hazards due to any design features, nor is it expected to result in inadequate emergency access. The private road inside the development runs southward in a linear pattern, ending in a cul-de-sac. This private road meets minimum standards for safety including slightly exceeding the minimum turning radius of 38 feet in the cul-de-sac, providing a road width of 36 feet that opens to 60 feet or more as traffic exits this private street to move onto Avenue 58. f) With the proposed parcels each being 7,810 square feet or more, and the private street being 36 feet in width, no shortage of parking capacity is anticipated. With this 36 foot street width, parking on both sides of the street will be permissible. g) The proposed development and division of land are not expected to conflict with any adopted policies, plans, or programs supporting alternative transportation. Eunice Lovi, Director of Planning for the SunLine Transit Agency has indicated that a study is being conducted to examine existing bus routes and to determine how best to improve transit service in La Quinta. She has also indicated that SunLine will work to ensure that all jurisdictions have input into this process. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a) The proposed subdivision will not exceed wastewater treatment requirements of the Coachella Valley Water District, and CVWD has already indicated the area is to be annexed into CVWD's Districts 55 and 82 for sanitation service, and that the -32- subdivider will install water and sewer pipelines her so that the District may provide service to all parcels. b) The proposed project will ultimately lead to the creation of 17 dwellings, therefore it will not require the construction of new water or wastewater treatment facilities, or the expansion of existing facilities. c) The area is protected from regional storm flows by the Coachella Valley Stormwater Channel and may be considered safe from regional storm flows except in rare instances. d) The Coachella Valley Water District will furnish domestic water and sanitation service to this area in accordance with the current regulations of the District Sufficient water supplies are available to serve the project from existing entitlements and resources, and CVWD has indicated that certain fees and charges will be paid by the subdivider to obtain water and sewer service. Impacts to water supplies can be reduced by incorporating a variety of water - conserving techniques which include the use of low -flow toilets and showerheads, and the use of drought -tolerant plant materials in landscape and open space areas. e) CVWD has indicated in its letter of June 30, 2005, that it has sufficient wastewater treatment capacity to serve the project's projected demand in addition to its already existing commitments. Waste Management of the Desert serves residences within the City of La Quinta. Trash is taken to the Edom Hill transfer station in Cathedral City, and from there it is sent to other County landfills. Between these County landfill facilities, there is adequate capacity to accommodate any residences of the Quadrant subdivision. g) The project complies with all federal, state, and local statutes and regulations related to solid waste, and future homes on site will participate in the City's recycling program, that is coordinated through Waste Management of the Desert. On -site recycling and solid waste source reduction programs must be implemented at project build -out in accordance with local and state requirements. -33- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has already been developed agriculturally and does not currently support significant native vegetation. Although development of the site has the potential to impact biological, archaeological, and paleontological resources, these impacts will be mitigated to less than significant levels. XVII. b) The proposed project will augment the housing options offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area, and construction of the project will have less than significant cumulative impacts, as considered and analyzed in the General Plan EIR. -34- XVH. d) The potential of the proposed project to adversely affect human beings is less than significant. Impacts associated with construction noise will be mitigated to less than significant levels. -35- �y XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -36- PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF 4.6 ACRES INTO 17 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 33717 QUADRANT, INC. WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 22ND day of November, 2005, hold a duly noticed Public Hearing to consider the request of Quadrant, Inc. for the subdivision of 4.6 acres into 17 single-family residential lots and other miscellaneous lots, located on the south side of Avenue 58, approximately 841 feet west of Monroe Street, more particularly described as: APN 764-180-002 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2005-545 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending a Mitigated Negative Declaration of environmental impact be certified; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings of Approval to justify a recommendation for approval of said Tentative Tract Map 33717: 1. The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because mitigation measures and conditions have been incorporated into the project approval to mitigate impacts where needed. 41. Planning Commission Resolution 2005- Tentative Tract Map 33717 Quadrant, Inc. Adopted: November 22, 2005 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed based on applicable local, State, and Federal requirements. 4. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the honorable Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend approval of Tentative Tract Map 33717 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22nd day of November, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California 42 PLANNING COMMISSION RESOLUTION 2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-545 PREPARED FOR TENTATIVE TRACT MAP 33717 ENVIRONMENTAL ASSESSMENT 2005-545 APPLICANT: QUADRANT, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22ND day of November, 2005, hold a duly noticed Public Hearing to consider the request of Quadrant, Inc. for Environmental Assessment 2005-545 prepared for Tentative Tract 33717 located on the on the south side of Avenue 58, approximately 841 feet west of Monroe Street, more particularly described as: APN 764-180-002 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that this Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration has been posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending to the City Council certification of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2005-545. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California PAReports - PC\2005\11-22-05\TT 33717 & EA 05-545\TT 33717 EA 05-545 pc res.doc Planning Commission Resolution 2005- Environmental Assessment 2005-545 Quadrant, Inc. Adopted: November 22, 2005 history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2005-545 and said Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Environmental Assessment. P:\Reports - PC\2005\11-22-05\TT 33717 & EA 05-545\TT 33717 EA 05-545 pc res.doc Planning Commission Resolution 2005- Environmental Assessment 2005-545 Quadrant, Inc. Adopted: November 22, 2005 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2005-545 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2005-545 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of November, 2005, by the following vote, to wit: AYES: NOES: None ABSENT: None ABSTAIN: None TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS, Community Development Director City of La Quinta, California P:\Reports - PC\2005\11-22-05\TT 33717 & EA 05-545\TT 33717 EA 05-545 pc res.doc ANNING COMMISSION RESOLUTION 2005- )NDITIONS OF APPROVAL — RECOMMENDED ATATIVE TRACT MAP 33717 JADRANT, INC. )VEMBER 22, 2005 :NERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley (SCAQMDCV) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") ANNING COMMISSION RESOLUTION 2005- INDITIONS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 IADRANT, INC. IVEMBER 22, 2005 acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. ANNING COMMISSION RESOLUTION 2005- iNDITIONS OF APPROVAL - RECOMMENDED NTATIVE TRACT MAP No. 33717 IADRANT, INC. IVEMBER 22, 2005 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. 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). 30PERTY RIGHTS 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. 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. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane, 96' ROW) — Right of way measured 48 feet from the centerline of Avenue 58 to accommodate a secondary arterial street half section with a Class II Bike Lane. 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. 0. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width. 4NNING COMMISSION RESOLUTION 2005- NDITIONS OF APPROVAL - RECOMMENDED VTATIVE TRACT MAP No. 33717 ADRANT, INC. MEMBER 22, 2005 B. CUL DE SACS 11 The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 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. 1. 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. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. The northerly 90 feet of this property has been identified on Tentative Tract Map 33717 for utility and roadway easement purposes including Imperial Irrigation District. Where public facilities (e.g., multi -use trails) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 4NNING COMMISSION RESOLUTION 2005- NDITIONS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 iADRANT, INC. ,VEMBER 22, 2005 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. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. Refer to condition no. 58. 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. 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. QAI MAPS Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. IPROVEMENT PLANS o used throughout these Conditions of Approval, professional titles such as "engineer," urveyor," and "architect," refer to persons currently certified or licensed to practice their spective professions in the State of California. ). Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item ;r ANNING COMMISSION RESOLUTION 2005- )NDITIONS OF APPROVAL - RECOMMENDED NTATIVE TRACT MAP No. 33717 JADRANT, INC. )VEMBER 22, 2005 specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 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. r 4NNING COMMISSION RESOLUTION 2005- NDITIONS OF APPROVAL - RECOMMENDED NTATIVE TRACT MAP No. 33717 IADRANT, INC. iVEMBER 22, 2005 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. As a minimum, roadway geometric transitions shall conform to MUTCD 2003 and the California Supplement. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. ?. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 3. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. APROVEMENT SECURITY AGREEMENTS 4. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 5. 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 r INNING COMMISSION RESOLUTION 2005- iNDIT10NS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 IADRANT, INC. IVEMBER 22, 2005 any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 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. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. B. 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. RAIDING 9. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 0. 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. 1. To obtain an approved grading permit, the applicant shall submit and obtain approval of ANNING COMMISSION RESOLUTION 2005- )NDITIONS OF APPROVAL - RECOMMENDED INTATIVE TRACT MAP No. 33717 )ADRANT, INC. )VEMBER 22, 2005 all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 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. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 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. 4NNING COMMISSION RESOLUTION 2005- iNDITIONS OF APPROVAL - RECOMMENDED NTATIVE TRACT MAP No. 33717 IADRANT, INC. IVEMBER 22, 2005 Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. i. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 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. 3. 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. RAINAGE 9. 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. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 0. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 1. For properties where sump conditions exist, the applicant must either define a diversion/overflow strategy or retain upstream stormwater as required for existing as - built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of diversion/pass through, if selected. Historical flow paths should be identified and routing provided in ANNING COMMISSION RESOLUTION 2005- INDITIONS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 IADRANT, INC. IVEMBER 22, 2005 the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. In design of retention facilities, the percolation rate will be considered to be zero. Nuisance water shall be retained on site. In residential developments, nuisance water shall be passed through a prefilter system comparable to the MaxWell Plus Primary Settling Chamber (or equivalent) before being disposed in a trickling sand filter and leach field or equivalent system approved by the City Engineer. A geotechnical study shall confirm the applicability of sand filter use for the development based on the existing soil conditions. The sand filter and leach field or equivalent system shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. 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. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 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. For retention basins on individual lots, retention depth shall not exceed two feet. 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. i. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 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. ii ANNING COMMISSION RESOLUTION 2005- )NDITIONS OF APPROVAL - RECOMMENDED :NTATIVE TRACT MAP No. 33717 JADRANT,INC. )VEMBER 22, 2005 ni ITIFS 3. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 3. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. J. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 92 KV transmission power poles are exempt from the requirement to be placed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. TREET AND TRAFFIC IMPROVEMENTS 2. 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. 3. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane; 96' R/W option): Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county- C, ANNING COMMISSION RESOLUTION 2005- 1NDITIONS OF APPROVAL - RECOMMENDED NTATIVE TRACT MAP No. 33717 JADRANT, INC. )VEMBER 22, 2005 road design standard to La Quinta's urban arterial design horizontal and vertical standard. The south curb face shall be located thirty six feet (36') south of the centerline. Other required improvements in the Avenue 58 right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Avenue 58 frontage within the landscaped setback. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed along the roadway side of the multi -purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Lot B - Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are double loaded. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout showr on the rough grading plan. 4. All gated entries shall provide for a three -car minimum stacking capacity for inbounc traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. ANNING COMMISSION RESOLUTION 2005- INDITIONS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 IADRANT, INC. )VEMBER 22, 2005 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 full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry as approved by the City Engineer. Per the aforementioned requirements, the applicant shall redesign the gated entry particularly to accommodate full turn -around radius. Additional redesign may be required to satisfy vehicular movement conflicts of the proposed accordion gate to the satisfaction of the City Engineer. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. i. 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. 3. 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 Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 7. 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. 8. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenue 58): Right turn movements in and out and left turn movement in are permitted. Left turn movement out are prohibited. All right -turn only street intersections shall have a splitter median island located in the side street that adequately channelizes the right -turn vehicles turning onto the arterial street to eliminate i ANNING COMMISSION RESOLUTION 2005- INDITIONS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 IADRANT, INC. IVEMBER 22, 2005 illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. I. 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. ). 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. 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. ,NDSCAPING The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. The applicant shall provide landscaping in the required setbacks, retention basins, common lots, and park areas. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 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. Landscape areas shall have permanent irrigation improvements meeting the requirements C' ANNING COMMISSION RESOLUTION 2005- )NDITIONS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 JADRANT,INC. )VEMBER 22, 2005 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. 7. All perimeter, parkway, and common area landscaping shall be reviewed by the Architectural Landscaping Review Committee (ALRC) and approved by the Planning Commission as provided for in LQMC 9.210.010 (Site Development Permits). 3. Prior to issuance of any street improvement or landscaping plans, the developer shall submit to the Community Development Department a revised construction plan for the project's Multi -Purpose Trail, in accord with General Plan Standard No. 260 "Equestrian Trail Easement Adjacent to Public Street," constructed along the south side of Avenue 58 right-of-way within the 10-foot area designated for such use. This plan shall include access, signage, and detailed design. UALITY ASSURANCE 3. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. I 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. 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. 2. 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. AINTENANCE 3. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 4. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. F,1 ANNING COMMISSION RESOLUTION 2005- )NDITIONS OF APPROVAL - RECOMMENDED NTATIVE TRACT MAP No. 33717 JADRANT,INC. )VEMBER 22, 2005 :ES AND DEPOSITS i. 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. i. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Tentative Tract 33717 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. 3. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. DMMUNITY DEVELOPMENT a. Lots 1 and 17 have been designated as flag lots and are subject to Section 9.50.070 of the Zoning Ordinance. The front setback of these lots shall begin from the face of the wall rather than the front property line. ). Driveways from Lots 4, 5, 13, and 14 shall not be allowed adjacent to the center median of Lot "B". I . Entry gate designs shall not block or restrict driveway access to Lots 1 and 17. ?. On -street parking shall be prohibited adjacent to the center median of Lot "B." RE DEPARTMENT 3. 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. t. Gates shall be automatic, minimum 20 feet in width 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 �; ANNING COMMISSION RESOLUTION 2005- )NDITIONS OF APPROVAL - RECOMMENDE NTATIVE TRACT MAP No. 33717 JADRANT, INC. )VEMBER 22, 2005 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. i. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 3. Final Fire Department conditions will be addressed prior to final map. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. ISCELLANEOUS 7. All mitigation measures included in Environmental Assessment 2005-545 are hereby included in this approval. 3. 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. 9. 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 and approved by the City Council. The appropriate filing fee shall be paid by the developer. D. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 1. Should casitas be part of the home design for the production homes on the site, a master Minor Use Permit for all such casitas shall be secured in conjunction with the recordation of the Final Map. A covenant and provision in the CC&R's shall be recorded informing all property owners of the Minor Use Permit and its conditions of approval. r,,3 PH #C STAFF REPORT PLANNING COMMISSION DATE: NOVEMBER 22, 2005 CASE NO: DEVELOPMENT AGREEMENT 2005-008 APPLICANT/OWNER: CALLE ESTADO, L.L.C. REQUEST: CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR PARKING MANAGEMENT, TO ALLOW CONSTRUCTION OF A ± 10,709 GROSS S.F. TWO- STORY RETAIL/OFFICE BUILDING IN THE VILLAGE AT LA QUINTA, AS APPROVED UNDER VILLAGE USE PERMIT 2005-027 LOCATION: SOUTHWEST CORNER OF CALLE ESTADO AND DESERT CLUB DRIVE (ATTACHMENT #1) ENVIRONMENTAL CONSIDERATION: THE COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THIS DEVELOPMENT AGREEMENT IS SUBORDINATE TO VILLAGE USE PERMIT 2005-027, AND THEREFORE THE ORIGINAL EXEMPTION FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT) REMAINS APPLICABLE GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) SURROUNDING LAND USES: NORTH — EXISTING OFFICE/RETAIL ZONED VC SOUTH — EXISTING RESIDENTIAL ZONED VC EAST — VACANT ZONED VC WEST — EXISTING RETAIL ZONED VC BACKGROUND: Village Use Permit 2005-027 was approved by Planning Commission on July 26, 2005, under Planning Commission Resolution 2005-033. One of the approval condition requirements (Condition No. 44) was that the developer and the City enter into a Development Agreement, for the purpose of clarifying the applicant's parking obligations associated with development of the project. The proposed building is a 10,709 gross s.f. structure intended for general office and retail uses. The project is required to provide 42 spaces, and 25 spaces have been approved. The subject property size and configuration makes compliance with parking requirements impractical and likely infeasible. Options available were to process a variance, have the applicant revise the project to reduce building area, require acquisition of off -site land to provide parking, or other alternatives, such as the use of a development agreement for parking management. The staff report originally prepared for the project was presented July 26, 2005. The Planning Commission meeting minutes from that date have been attached (Attachment 2). ANALYSIS - The Development Agreement (Attachment 3) sets forth a contractual obligation to provide required parking, in part through assessment of a parking fee to pay for future facilities that would provide a benefit to the Village as a whole. The Agreement must be reviewed by the Planning Commission and approved by City Council, prior to issuance of any grading and/or building permit. The key points of the agreement are: Developer to pay into a City Parking Fund for each deficient space for the project. A credit of two spaces for available on -street parking on Calle Estado is allowable. The deficient number of spaces with this credit is 15. The required Parking Fund payment shall be paid prior to issuing any grading and/or building permit for the project. In addition, the project approval is not effective unless and until the Agreement has been approved by City Council. Developer agrees not to restrict parking on his property; project parking areas shall be available for public use when on -site businesses are closed. In addition, employees associated with these businesses shall be encouraged to park in the Redevelopment Agency -owned parking lot at Avenida Montezuma and Avenida Bermudas. Staff is currently in the selection process for a consultant to prepare a Village Parking Study, which was approved in this year's budget. The study will evaluate parking utilization, demand, programs and options. Additionally, the RDA is near completion of parking improvements at the existing RDA -owned parking facility, at Avenida Montezuma and Avenida Bermudas. These projects will work in concert with this Development Agreement, as development and implementation mechanisms, to address the parking needs of the Village. il2 Public Notice This case was advertised in the Desert Sun newspaper on November 12, 2005. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. To date, no comments have been received. Any correspondence received before the meeting will be transmitted to the Planning Commission. STATEMENT OF MANDATORY FINDINGS: Based on the provisions of 9.250.030, LQMC, findings necessary to approve this proposal can be made as noted in the attached Resolution to be adopted for this case. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2005- , recommending to the City Council approval of Development Agreement 2005-008. Prepared by: c Wallace Nesbit, Associate Planner Attachments: 1. Location Map 2. Planning Commission Meeting Minutes from 7/26/05 (excerpt) 3. Draft Development Agreement for VUP 2005-027 (Plaza Estado) 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 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY, AND CALLE ESTADO, L.L.C. FOR A ± 10,709 SQUARE FOOT COMMERCIAL RETAIL/OFFICE BUILDING CASE NO: DEVELOPMENT AGREEMENT 2005-008 APPLICANT: CALLE ESTADO, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22n' day of November, 2005, hold a duly -noticed Public Hearing to consider Development Agreement 2005-008, for the establishment of parking management restrictions as part of a ± 10,709 square -foot commercial retail/office building, as approved under Village Use Permit 2005-027, located at the southwest corner of Calle Estado and Desert Club Drive, and more particularly described as: LOTS 10, 11 & 12, BLOCK 9 OF DESERT CLUB TRACT UNIT #1 WHEREAS, said Planning Commission of the City of La Quinta, California, did, on the 26th day of July, 2005, certify the environmental determination and approve Village Use Permit 2005-027, subject to conditions, particularly Condition No. 44, requiring that a Development Agreement be prepared for the project; and, WHEREAS, at said Public Hearing of November 22, 2005, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval for said Development Agreement: 1. The proposed Development Agreement is consistent with the La Quinta General Plan and Municipal Code, based on approval of Village Use Permit 2005-027, and the findings made thereto under Planning Commission Resolution 2005-033. Village Use Permit 2005-027 will not be developed in any manner inconsistent with the General Plan land use designation of Village Commercial and other current City standards when considering the conditions as imposed. P:\Reports - PC\2005\11-22-05\DA 2005-008\peresoDA008.rtf i , Planning Commission Resolution 2005- Development Agreement 2005-008 November 22, 2005 2. The proposed Development Agreement is compatible with the uses and regulations as stipulated for the Village Commercial land use and zoning districts, as it ensures that parking improvements will be installed, maintained, and operated in a manner consistent with alternative parking solutions as permitted under the Village Commercial zoning. 3. The proposed Development Agreement is in conformity with the public necessity, convenience, general welfare and good land use practice, in that the Development Agreement will allow development of office and retail uses proximate to residential uses in the area. The Development Agreement sets forth operational standards which will make the on -site parking available to the general public when not in use, and requires the payment of fees to the City for 15 deficient parking stalls, which will be used ultimately to provide general public parking in the Village. 4. The proposed Development Agreement will not be detrimental to the public health, safety and general welfare. All immediately surrounding property is zoned for Village Commercial Development, and existing properties to the north, west and south are developed as commercial retail/office, commercial retail and residential, respectively. Development of office and retail uses proximate to residential uses in the area will not significantly impact quality of life for area residents. 5. The proposed Development Agreement will not affect the orderly development of property or the preservation of property values. Development of the subject site, pursuant to the approval under Village Use Permit 2005- 027 and this Development Agreement, will enhance property values and stimulate further growth as planned for in the Village at La Quinta. 6. The proposed Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues for parking development programs in the Village at La Quinta, as well as promote sales tax revenues from future tenants of the approved project, and future projects, in the Village at La Quinta. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; P:\Reports - PC\2005\1 1 .22-05\DA 2005-008\peresoDA008.rtf i � 5 Planning Commission Resolution 2005- Development Agreement 2005-008 November 22, 2005 2. That it does hereby recommend to the La Quinta City Council approval of Development Agreement 2005-008 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 22"" day of November, 2005, by the following vote, to wit: AYES: NOES: 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\2005\11-22-05\DA 2005-008\peresoDA008.rtf { r it NI _ - _ J rm td I I r, ATTACHMENT 1 m: Riverside, CA Assessor Map 770.15 Page: 1 of 21 i rosa radius Comment: ,J ATTACHMENT ; 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 cogs Involved to solve the problem. Staff stated the master d eloper has the opportunity to pass the costs on, rather than putting the cost on each parcel owner. / 14. It was moved and seconded by Commi ioners Alderson/Ladner to adopt Planning Commission Resolut n 2005-031 recommending certification of an Addendum to vironmental Assessment 97- 337, as recommended. ROLL CALL: AYES:Commissio Kirk. NOES: N ABSTAIN: Nonev Alderson, Ladner, Quill and Chairman ABSENT: Commissioner Daniels. 15. It was moved and econded by Commissioners Quill/Alderson to adopt Planning C mission Resolution 2005-032, recommending approval of Sp ific Plan 97-029, Amendment No. 4, as amended: 1 #60. Deleted. ROLL CALL: A ES: Commissioners Alderson, Ladner, Quill and Chairman irk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. Commissioner Quill a ed staff to report back on the Christmas storage containers for the large box users nd 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 GAWPDOCS\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. 10. 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, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk and Commissioner Daniels. ABSTAIN: None. n Kirk rejoined the Commission. C. Site Develo ment Permit 2005-814; a request of Entin Family Trust for cons) eration of revised architectural plans for construction of a +23, 0 square foot two-story office building located on the east side of Was 'ngton Street, +960 feet north of Fred Waring Drive. 1. Chaii�nan 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 B celo, representing Ware Malcomb Architects, explained their re uest was only for architectural changes to hide the mechanical quipment on the roof. 4. Chairman Kirk asked if there was an other public comment, there being none, the public participation bortion of the hearing was closed and open for Commission discu ion. 5. Commissioner Quill asked if there was a way to resolve the access at a later date. When the 25-acre and ne acre piece come in for development review, can it be addressed that time? Staff explained they were reviewing a preliminary site Ian for the 25- G:MPD0CS\PC Minutes\7-26-05.doc 6 ATTACHMENT i RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA ("CITY") THE LA QUINTA REDEVELOPMENT AGENCY ("AGENCY") I LVD, CALLE ESTADO, L.L.C. A CALIFORNIA LIMITED LIABILITY COMPANY ("DEVELOPER") 2156 015610-0087 62710401 a102005 101+L0IPEON 11 1 This Development Agreement (the "Agreement") is entered into as of the day of , 2005 ("Reference Date"), by and among the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and, collectively with the City, the "City Entities") and CALLE ESTADO L.L.C., a California limited liability company (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 (the "Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property- B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns the 0.34 acre parcel of real property ("Site") located at the southwest corner of Calle Estado and Desert Club Drive, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Agreement. D. Prior to the execution of this Agreement, the City approved Village Use Permit No. 2005-027 (the "VUP"), subject to conditions of approval. The VUP provides planning and development criteria for a proposed project on the Site, which project is commonly known as Calle Estado (the "Project"). The Project will consist of the development of the Site with a proposed 10,709 gross square foot structure intended for general retail and office uses; the first floor will contain approximately 3,854 square feet of gross floor area as retail uses and the second floor will contain 5,541 square feet of gross floor area as general office uses. A 25-space parking lots will occupy the remainder of the Site. The building will be generally situated on the north portion of the Site, with the front of the building facing Calle Estado. The City has also approved Parcel Map No. The VUP and the Parcel Map are known as the "Development Plan". E. The City's Municipal Code requires that a total of 42 parking stalls be provided to service the Project. The Site is situated such that only 25 of the 42 required parking stalls are available for the Project. While the Project requires an additional 17 parking stalls, the La Quinta Municipal Code permits the City to credit 2 street -side parking spots towards the Projects parking obligation. To fulfill the remaining parking requirements for the Project, the VUP was conditioned on the Developer entering a development agreement with the City Entities to require the Developer to pay a parking fee in exchange for the City crediting 15 parking stalls in the Agency -owned parking lot (which lots is located at the northwest corner of Avenida Bermudas and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California, 2156 015610-0087 627101.01 a10 20 05 -2- which parking lot is legally described in Exhibit `B" attached hereto (the "Agency Parking Lots") towards fulfilling the Project's parking obligation of providing 42 parking stalls. The Agency Parking Lot is located in close proximity to the Site and is within close walking distance of the Site. The parties to this Agreement agree and acknowledge that the Agency is entering this Agreement for the sole and exclusive purposes of providing its consent, as provided in Section 2.4.1, to the crediting of 15 parking stalls on the Agency Parking Lots towards the Project's parking and for no other purpose. Without limiting the City's use of these fees, it is intended that the fees paid by the Developer shall be used to add or provide additional parking in the future. F. The Development Plan also requires, in addition to the fee described above, and as consideration for the City crediting 15 parking stalls in the Agency Parking Lots towards the Project's parking obligation, that the City and Developer enter an agreement providing that the parking stalls located on the Site shall be available for use by the general public during hours when the on -Site businesses are closed. G. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties desire to enter into a binding agreement for purposes of (i) setting forth a per -parking stall up- front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 15 parking stalls located in the Agency Parking Lot towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan, including the goals and objectives thereof. H. All actions taken by City and Agency have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On the City Council adopted its Ordinance No. approving this Agreement. On , the Agency adopted Resolution No. approving this Agreement for the sole and exclusive purpose of consenting to the 2156 015610-0087 627103 01 .10 20 05 -3- t crediting of 17 parking stalls located on the Agency Parking Lots towards fulfilling the Project's parking obligations. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for ten (10) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 1.5 Incorporation of Recitals. The recitals are hereby incorporated into this Agreement. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of 2156 015610-0087 627101.01 a10 20 05 -4- approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit "C" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; or (b) an uncured material default by Developer of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.4; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract or parcel maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta 2156 015610-0087 627103 01 a10 20 05 -5- 15 Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quints Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2.3 Permitted Density. Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.4 Credit of Parking Stalls in the Agency Parking Lots. In exchange for the full performance of the Developer's Obligations described in Section 3, the City shall credit the Developer with 2 street -side parking spots as permitted by the La Quinta Municipal Code and 15 parking stalls in the Agency Parking Lots, which stalls shall be counted towards fulfilling the Project's parking obligations. This Agreement does not operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right to use parking stalls in the Agency Parking Lots. Developer shall have the same right to use parking spaces on the public street and in the Agency Parking Lots as members of the general public; provided, however, that Developer shall enforce a policy that encourages Project employees to park their automobiles at the Agency Parking Lots. 2.4.1 Agency Consent. Subject to the obligations of Developer as provided in this Agreement, Agency hereby consents to crediting 15 parking stalls in the Agency Parking Lots towards fulfilling the Project's parking obligations. 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" as well as all other conditions of approval that have been or may be imposed. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "C" may be applicable to the Project if and as associated with future Project approvals. 2156 015610 0087 627103.01 .10, 20 05 -6- �_ 3.2 Restriction on the Site. Prior to, and as a condition precedent of, the City's issuance of any building permit for the Project, and immediately following payment of the fees detailed in Section 3.3.2, the Developer shall submit to the City, obtain approval thereof, and record a deed restriction (the "Restriction") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) require the Developer's payment of the fees as described in Section 3.3, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of two street -side parking spots and 15 parking stalls in the Agency Parking Lots; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site businesses are closed as provided by Section 3.5. The Restriction shall be in a form and substance substantially similar to that of the Restriction attached hereto as Exhibit "D' - 3.3 Payments to City by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.3.2 Developer's Payments of Up -Front Parking Fees. Prior to, and as a condition precedent of, the issuance of any building permit for the Site, Developer shall pay or cause to be paid to the City the sum of $12,000.00 per parking space for each of the 15 parking stalls in the Agency Parking Lots being credited towards fulfilling the Project's parking obligations. The total amount of fees due under this provision prior to the issuance of any building permit for the Site shall be $180,000. This fee shall be paid in one lump sum without deduction or offset. 3.3.3 City Parking Fes S _ _F.ffept oa_PaY _en pf J -Front Parking Fvks- Independent of Developer's obligations under this Section 3.3.2, the City may choose to prepare a parking study to determine the per -parking stall parking fee to be applied to development in the La Quinta Village area. If the City approves a parking fee within one year of the Reference Date and the fee calculated pursuant to this parking study and approved by the City Council is less than $12,000 per parking stall, then the City shall, within a reasonable time after the adoption of the fee by the City Council, reimburse to Developer that portion of the per space fee that exceeds $12,000. if the fee calculated pursuant to the parking study and approved by the City Council is greater than $12,000 per parking stall, the Developer shall have no obligation under this Development Agreement to pay the increased amount. If the City chooses not to adopt a per -parking stall parking fee for the La Quinta Village area, the Developer shall have no right to seek a refund of the payment described in this Section 3.3.2. The City's obligation under this section to reimburse the Developer shall terminate within one year of the Reference Date. 2156 015610-0087 62710301 a102U 05 -7- �y 3.3.4 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Development Plan and Conditions of Approval. 3.5 Public Use of Site's Parking Stalls. Once constructed, the parking stalls located on the Site shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Developer (and/or its permitted successors) may reserve five (5) designated spaces for any on -Site businesses that remain open after 6:00 p.m. At the request of Developer, the Director of Community Development may consider increasing the number of designated spaces to equal up to 50% of the on -Site parking spaces if the Director of Community Development determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. Developer shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Developer shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and Agency and their respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's or the Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. 2156 015610-0087 y 627103.01 a102005 -8- �_ (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to the City Entities' implementation of their rights under this Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at no cost to the City Entities, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 2156 015610-0087 627103 01 a 10 20 05 -9- j 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of VUP Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will cdnstitute Developer's satisfaction and compliance with those portions of condition 44 of the conditions of approval for the VUP approved by the City which relate to Developer's obligation to enter into a development agreement for the payment of parking fees and fulfillment of parking obligations. 5.0 DEFAULT, REMEDIES, DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. Without limiting the scope of what is considered "material," the parties agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be a material default. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period 2156 015610-0087 627103 01 a]0 20 05 -10- for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City Entities would not have entered into this Agreement if they were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City Entities for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by the City Entities or arising out of or connected with any dispute, controversy, or issue between Developer and the City Entities regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION: CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 2156015610-0097 62710301 a102005 'l 1- 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee, Ri t of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall cormence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a 2156 01561 U-IA187 627101 01 .10 20 05 -12- nZ fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director To Agency: La Quints Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Neiso Moscatel Calle Estado, LLC 2107 Elliot Avenue, Suite 204 Seattle, WA 48121 Telephone: Facsimile: Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 2156 015610-0087 627103 01 .10 20 OS -13- 8.2 Force Mai cure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. The City and the Developer may also extend times of performance under this Agreement in writing. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity, The parties acknowledge that, in entering into and performing this Agreement, each of the Developer, the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall 2156 015610-0087 627103 01 a10 20 05 -14- bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City/Agency Officers and Employees. No official, officer, employee, agent or representative of the City or Agency, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City or Agency. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order 2156015610-0087 627103 01 a10 20 05 -15- r , �- to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the 2156 015610-0087 62710301 a102005 -16- n 6 parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Legal Description of Agency Parking Lots C Conditions of Approval D Restriction E Compliance Certificate F General Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law: Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City Entities shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 2156 015610-0087 62710101 a1020,05 -17- 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" CALLE ESTADO, L.L.C., a California limited liability company By: Its: By: Its: ]Signatures continue on next page.] 2156 015610-0087 627103.01 a10 20 05 -18- I}u r„ 4 "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Thomas P. Genovese City Manager ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic M Thomas P. Genovese Executive Director ATTEST: June Greek Agency Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel 2156'015610-W 87 627103 01 a10 20 05 -19- ;, y STATE OF CALIFORNIA ) ) ss COUNTY OF 1 On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF 1 On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156 015610-0087 627103.01 MO 2005 -20- ^ 0 EXHIBIT "A" LEGAL DESCRIPTION OF SITE [Need to insert — Developer Please Provide] 2156'015610 0087 62710101 al0 20 05 -21- 9 1 EXHIBIT "B" LEGAL DESCRIPTION OF AGENCY PARKING LOTS That certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: Lots 7, 8, 9, 10, 11, 12, 13, 14 and 15 in Block 122 of Santa Carmelita at Vale La Quinta Unit Number 14, as shown by map on file in Book 18 pages 82 and 83 of Maps, Records of Riverside County, California. 2156 015610-0087 627 10101 a 10 20 05 _22_ 3z EXHIBIT "C" CONDITIONS OF APPROVAL VILLAGE USE PERMIT 2005-027 CONDITIONS OF APPROVAL GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-027 (VUP 2005-027) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts, these conditions shall take precedence. In the event the Development Agreement referenced in Condition #44 is not entered into, this Village Use Permit approval is null and void. 2. This approval shall expire two years after its effective date, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Riverside County Fire Marshal • La Quinta Building and Safety Department • La Quinta Public Works Department (Grading/ Improvement/Encroachment Permits) • La Quinta Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company 2156'015610-00V 62710301 a102005 -23- ^ eJ • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • Waste Management of the Desert The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. 6. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-027. 7. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas shown on the Village Use Permit. 10. Direct vehicular access from any portion of the site with frontage along Desert Club Drive and Calle Estado is restricted, except for those access points identified on the approved site plan, or as otherwise conditioned in these conditions of approval. 2156 015610,0087 62710391 a10 2U U5 -24- 94 11. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 12. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easements are approved by the City Engineer. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 13. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 14. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plans 1 " = 30' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plans (Commercial Development) 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 2156 015610-0087 627103.01 a10 20 05 -25- 3 On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets -including ADA accessibility route to surrounding buildings, parking facilities and public streets. 15. The City maintains standard plans, details and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm 16. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans 8.24 GRADING 17. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 18. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. 2156 015610-0087 3 627103 01 a10 20 05 -26- 0 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 19. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or provided with other erosion control measures as approved by the Public Works Departments under the Fugitive Dust Control Plan. 20. Prior to issuance of the main building permit, the applicant shall provide a lot pad certification, stamped and signed by qualified engineers or surveyor. DRAINAGE 21. Nuisance water shall be retained onsite and disposed of in a manner acceptable to the City Engineer. UTILITIES 22. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 23. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 24. 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. 25. No additional street improvements are required, except for: 2156 015610-0067 627103D1 a10 20 05 -27- 19V A. Desert Club Drive 1) Reconstruct the curb ramp at the Desert Club Drive/Alley "D" intersection as required by the City Engineer. B. Alley "D" 1) Reconstruct the north edge of Alley "D" along the Village Use Permit site's south boundary as required by the City Engineer to facilitate proposed curb construction. PARKING LOTS AND ACCESS POINTS 26. The applicant shall conform to LQMC Chapter 9.150, particularly drive isle width, parking stall dimensions, and parking stall marking design requirements. Parking space markings shall be double four inch wide hairpin stripes as specified in LQMC Chapter 9.150. 27. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas Concrete as proposed by the applicant. Alley "D" 3.0" a.c./4.0" c.a.b. 28. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 29. General access points and turning movements of traffic are limited to the proposed access driveway on Calle Desert Club Drive. All turn movements are permitted. A colored concrete shall be used for the access drive ramp, with a paver system used to define the continuation of the existing pedestrian sidewalk along Desert Club Drive. The entry driveway 206 015610-0087 627103 01 a 10 20 05 -28- throat shall be permitted to be constructed as designed, at 11 feet in depth rather than the required 20 feet, as permitted under Section 9.65.O3O.A.3.a., in order to retain the parking space count of 25 on -site spaces. 30. A five-foot wide landscape planter strip shall be provided at the two west property line parking stalls, with a minimum 4-foot high wall along the property line in front of these two stalls. This shall be shown on the civil and landscape plans as submitted for plan check. LANDSCAPING 31. On -site landscape, landscape lighting and irrigation plans shall be submitted for approval by the Community Development Department. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for final acceptance by the Community Development Department. QUALITY ASSURANCE 32. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 33. The applicant shall employ or retain qualified engineers, surveyors, or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 34. The applicant shall arrange for, and bear the cost of, all measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods employed comply with plans, specifications and other applicable regulations. 35. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City revised to reflect the as -built conditions. FEES AND DEPOSITS 2156 015610-0087 627103 01 al0 20 05 -29- f) ,J 36. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 37. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 38. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. FIRE PROTECTION 39. Specific fire protection requirements will be determined when final building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 40. The applicant shall submit a detailed project area lighting plan. All pole - mounted light standards shall conform to lighting standards as in effect when plans are reviewed. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. 41. A comprehensive sign program shall be submitted for review and approval by the Planning Commission prior to establishment of any individual tenant signs for the project. Provisions of the sign program shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be permitted to be placed on any portion of the roof projections along Calle Estado and/or Desert Club Drive. 42. All roof -mounted mechanical equipment must be internal to the roof design, or screened as an integral part of the roof structure, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the 2156 015610-0087 627103 01 a10 20 05 -30- Building and Safety Department along with the construction plan submittal for building permits. The method and design must be approved by the Community Development Department, prior to any issuance of the main structural building permit. 43. The building plans submitted for plan check shall incorporate the following revisions: A. Appropriately sized planting pots, and/or other similar containers, shall be placed at appropriate intervals at street level, to make up for the lack of planter areas around the building. Automatic irrigation shall be provided to all such containers. B. Add architectural detailing to the west building elevation, to relieve the blank wall appearance. Detailing shall employ use of elements such as extended use of the painted faux -tile treatment, some architectural recesses, and the potential for integration of a wall mural as part of the elevation. C. Roof tile shall incorporate a random mudded clay appearance. D. Second -story planter areas and/or containers shall incorporate a down drain system to avoid discoloration damage to the building finish. E. Exposed rafter tail areas on the first and second floor ceiling lines may be reduced in depth if deemed necessary due to encroachment into the existing rights -of -way for Calle Estado and Desert Club Drive. Design changes necessitated by such reduction shall be reviewed and approved by the Community Development Department. F. The central breezeway, connecting the north building elevation and the south_ parking area, shall be widened from 6 feet to a minimum of 8 feet. 44. It is understood by the Applicant that Calle Estado, LLC, has entered into a Letter of Agreement with the City, dated 7/19/05, relating to preparation and possible approval of a Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of Village Use Permit 2005-027. This Village Use Permit shall not be effective unless and until the Development Agreement has been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2005-027 shall be in effect with respect to expiration, as stated under Condition #2. 2156'015610-0087 627103.01 e10 20 05 -3 141. - 45. The permitted office and retail uses shall be limited to those of a general intensity, consistent with the parking ratios of 1 space per 250 s.f. of office and 1 space per 200 s.f. of retail to general office and limit the retail spaces to preclude restaurant and food service uses. This precludes use of office space as a medical use, and retail space for restaurant use and retail food with ancillary seating, unless shared parking or tenant space reductions are determined to maintain the approved parking ratios for this building, or the Development Agreement is amended to allow payment of per -space fees to increase use intensity for the project. 46. Applicant shall process a parcel merger, in order to incorporate Lots 10, 11, and 12 into one parcel. The merger shall have been recorded prior to issuance of a permit for the main building. 2156015610-OU87 627103 01 a 10 20 05 -32- 42 EXHIBIT "D" Restriction 2156 015610-0087 627101 01 .10 20 05 -33- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEED RESTRICTION FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CALLE ESTADO, L.L.C., a California limited liability company ("Declarant"), hereby covenants and declares for the benefit of the City of La Quinta, a California municipal corporation and charter city (the "City"), the following covenants, conditions, reservations and restrictions, which shall run with the real property described herein and shall be binding on Declarant and City and their successors and assigns, and all other persons or entities acquiring any interest in the real property described herein, and shall remain in full force and effect from the date of recordation of this Deed Restriction unless terminated or modified as hereinafter provided. 1. Purpose: Declarant owns the 0.34 acre parcel of real property ("Site") located in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Deed Restriction. In connection with the Site, the City approved Village Use Permit No. 2005-027 (the "VUP"), subject to conditions of approval, which provides planning and development criteria for a project commonly known as Calle Estado (the "Project"). The La Quinta Municipal Code requires the provision of 42 parking stalls to service the Project. On 2005 the Declarant, City and the La Quinta Redevelopment Agency entered that certain Development Agreement (the "Development Agreement") for the purposes of (i) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 15 parking stalls located in the Agency Parking Lots towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. In accordance with Section 3.2 of the Development Agreement, Developer is required to record this Deed Restriction against the Site to (i) require the Developer's payment of the fees as described in Section 3.3 of the Development Agreement, (ii) acknowledge that such fees have been paid and 2156 01561 G-0UX7 -34- d 627103 01 a 10 20 05 that the parking obligation for the Project is fulfilled by the credit of 2 street side parking spots and 15 parking stalls in the Agency Parking Lots; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site businesses are closed as provided in Section 3 and Section 3.5 of the Development Agrement. 2. Acknowledgement of Payment and Credit of Parking Stalls Located on the Agency Parking Lot. In connection with the Project, the City has credited the Declarant with 2 street -side parking spots (as permitted by the La Quinta Municipal Code) and 15 parking stalls in the Agency Parking Lots, and these stalls are counted towards fulfilling the Project's parking obligations to provide 42 parking stalls for the Project. In connection with this credit, Declarant has paid the City a parking fee in the amount of $12,000 for each parking stall in the Agency Parking Lots credited towards the Project's parking obligation. This Deed Restriction does not operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right to use parking spots on public streets or parking stalls in the Agency Parking Lots. Declarant shall have the same right to use parking spots on public streets and parking spaces in the Agency Parking Lots as members of the general public; provided, however, that Declarant shall enforce a policy that encourages Project employees to park their automobiles at the Agency Parking Lots. 3. Use of Site Parking Lot by General Public. The parking stalls located on the Site shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Declarant (and/or its permitted successors) may reserve five (5) designated spaces for any on -Site businesses that remain open after 6:00 p.m. At the request of Declarant, the Director of Community Development may consider increasing the number of designated spaces to equal up to 50% of the on -Site parking spaces if the Director of Community Development determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. Declarant shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Declarant shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and defend, the City and La Quinta Redevelopment Agency ("Agency") and their respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's or the Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to the City Entities' implementation of its rights under this Agreement; the Declarant shall indemnify, hold 2156 015610-0087 627101 01 a10 20 05 -3545 - harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Declarant shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Declarant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at no cost to the City Entities, cooperate with the Declarant in any such defense as Declarant may reasonably request. 5. Run with the Land; Binding on Successors and Assigns. The covenants, conditions, reservations and restrictions herein shall run with the Site and shall be binding upon Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of the Site, and shall benefit the City and be enforceable by the City and its successors and assigns. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein whether or not any reference to this Deed Restriction is contained in the instrument by which such person or entity acquired an interest in the Site. 6. Term; Amendment and Termination. The covenants, conditions, reservations and restrictions may be validly terminated, amended or modified, in whole or in part, only by recordation with the Riverside County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the Site that is directly affected by such termination, amendment or modification. 7. Recording. This Deed Restriction shall be recorded on the Site described in Exhibit "A" in the Office of the County Recorder, Riverside County, California. 8. Authority of Signatories to Bind Principals. The persons executing this Deed Restriction on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Deed Restriction and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Counterparts. This Deed Restriction may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [Signatures on next page.] 2156 015610-0087 627101 01 a10 20 05 -36_ 46 IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of the date set forth above. "Developer" CALLE ESTADO, L.L.C., a California limited liability company By Its: By Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city LIN ATTEST: Thomas P. Genovese June Greek City Manager City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 1156101561(-0007 62710301 a1000.'05 -37- /� r� STATE OF CALIFORNIA ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156,015610-0087 62 7103 01 a10,20105 -38- EXHIBIT "A" LEGAL DESCRIPTION OF SITE [Insert legal description here — Developer Please Provide] 2156 015610-0087 y 6271 U? 01 a10 20 05 -39- EXHIBIT "E" COMPLIANCE CERTIFICATE 2156 015610-0087 627103 01 .10 20 05 -40- �� COMPLIANCE CERTIFICATE (CALLE ESTADO DEVELOPMENT AGREEMENT) The undersigned, CALLE ESTADO, L.L.C., a California limited liability company ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated 2005, (the "Development Agreement"), by and among Developer, the City of La Quinta, a California municipal corporation and charter city (the "City") and the La Quinta Redevelopment Agency, a public body, corporate and politic (the "Agency"), by its signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the Restriction required by Section 3.2 of the Development Agreement has been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. CALLE ESTADO, L.L.C., a California limited liability company By: Its: By: Its: 2156 015610-0087 62710101 a]02005 -41- SCHEDULEI CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.) 2156 C15610-0087 627103 01 a10 20 05 -42- 52 EXHIBIT "F" GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT 2156v15610-0087 627103 01 al0 20 05 -43- r RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between CALLE ESTADO, L.L.C., a California limited liability company (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the developer of 0.34 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," the City of La Quinta, a California municipal corporation ("City") and the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency"), have entered into that certain Development Agreement dated , 2005 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 15 parking stalls located in the Agency Parking Lots towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. 2156 015610-0087 627103 01 a10 20 05 -44- 4 D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]. E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement I. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumntion of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction 2156'015610-0087 627103 01 a10 20 US -45- r C or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. CounteEparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" CALLE ESTADO, L.L.C., a California limited liability company By: Its: By: Its: 2156 015610U087 62710101, 10,005 "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] M 5r PH #D STAFF REPORT PLANNING COMMISSION DATE: NOVEMBER 22, 2005 CASE NO: SPECIFIC PLAN 2005-076 VILLAGE USE PERMIT 2005-030 APPLICANT/OWNER: BORREGO RESORT HOLDINGS, INC. REQUEST: PLANNING COMMISSION DIRECTION WHETHER TO PROCEED WITH A GENERAL PLAN AMENDMENT TO ALLOW UP TO 25 UNITS PER ACRE IN THE VILLAGE COMMERCIAL LAND USE DESIGNATION, FOR A 31- UNIT PROJECT CONSISTING OF 3'/2 STORIES, UP TO 47.5 FEET IN HEIGHT WITH UNDERGROUND PARKING, ON A 1.23 ACRE SITE LOCATION: SOUTH SIDE OF CALLE TAMPICO, BETWEEN AVENIDA VILLA AND AVENIDA NAVARRO (ATTACHMENT #1) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15262 (FEASIBILITY AND PLANNING STUDIES). CEQA IS INAPPLICABLE TO PROJECTS WHICH ARE DISAPPROVED (CEQA GUIDELINES SECTION 15270) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) BACKGROUND: Site Backaround The 1.23-acre project site encompasses almost one full block in the Village at La Quinta, and is located on the south side of Calle Tampico between Avenida Villa and Avenida Navarro. The block is vacant, except for the ongoing construction associated with a commercial office building (Coronel) on two existing lots. All street improvements, including curb/gutter, have been installed. There is no sidewalk other than along the project frontage on Calle Tampico. The site is devoid of any vegetation, topography or landmarks. An existing fire hydrant is located at the southeast corner of the property, and curb and gutter exist along its frontages on Calle Tampico and Avenida Mendoza. Properties adjacent to the site are developed with a mix of residential and commercial uses, with vacant property to the south, adjacent to Frances Hack Park. Project Proposal The applicant proposes a 3% story, 31 unit condominium project on the 1.23 acre site. Parking will be in a sub -grade parking area underneath the entire building (Attachment #2). The building will have varied rooflines at heights ranging from 43 to 47.5 feet, with some of the higher points associated with architectural features. The Village Commercial (VC) district allows building heights of two stories, up to 35 feet, but the proposed General Plan Amendment/Specific Plan (Attachment 3) process would be used to determine the standards for this development. The Spanish -Colonial style building will be covered in a smooth textured plaster of varying colors. Pre -cast stone elements will be used on trim areas of the building faces. The roof utilizes hip and gabled designs, with ornamental rafter tails, and is covered with a mission clay tile. Extended trellis structures emanate from the upper balconies, and tiled shed -roof awnings are placed over some second floor windows. The overall building utilizes a combination of arched and squared -angle recesses, with alternating recessed building elements and a pronounced building entry at the east (Avenida Navarro) elevation. The balcony railings are shown as ornamental iron. STATEMENT OF ISSUES: The purpose of this report is to establish a procedural direction for this project, in the overall context of the Village in terms of land use, density and design. The primary concern with the project is density, and its effect on building height/number of stories. The project proposes 31 condominium units on a 1.23 acre site, which results in a project density of 25.2 units per acre. The City's General Plan only permits densities up to 16 units per acre, based on the highest density category (High Density Residential, up to 16 units per acre) in the General Plan. This project will require a General Plan Amendment to allow the density as proposed at 25 units per acre. The options for this project are: • Increase the City's High Density Residential land use category to a maximum of 25 units per acre; • Incorporate a new density component into the Village Commercial Land Use designation; or, • Redesign the project within the limits of the current density allowance of up to 16 units per acre, which could allow up to 20 units. The current design of the project cannot be approved without an amendment to the General Plan. Such an amendment will require a significant amount of study, as the Village at La Quinta has undergone a significant amount of development pressures and activity over the past few years. If the Planning Commission directs staff to prepare a General Plan Amendment, the study would be a comprehensive approach to land use development in the Village for years to come. If the Planning Commission determines the project merits consideration of a General Plan Amendment, a significant body of work will be required to assess the overall impact of such an amendment on the remaining Village properties. Such an amendment may require an Environmental Impact Report, which would assess various alternatives to the proposed project, including impacts associated with the General Plan Amendment on the Village as a whole. Such a study will need to consider the extent of such an amendment and where higher densities may be appropriate. A range of density in the Village may be preferable, and appropriate areas will have to be identified, and quantification of impacts will have to be assessed. These would include traffic, air quality, land use, aesthetics and other issues. Structural massing of buildings will need to be analyzed, and consideration of parking, height limits, open space and other factors will be looked at to determine the appropriate areas for commercial and/or residential development, and their proper intensity of development. If the Planning Commission does not direct staff to prepare a General Plan Amendment study, then the project cannot move forward as currently designed. The alternatives would be for the applicant to redesign the project, to meet the currently allowable maximum density of 20 units, or to deny the project as currently designed. The grounds for such a denial include: Inconsistency with the General Plan Land Use Element with respect to permitted density, incompatibility with surrounding land uses, detrimental impacts to the pubic welfare, and the project's overall mass and scale in relation to surrounding land uses. • Inconsistency with the Zoning Ordinance, with respect to parking requirements, height, and number of stories. In summary, moving ahead with this project will require a complete assessment of the Village as it exists today, how it will be affected by a General Plan Amendment to allow higher densities, identification of strategies to assign appropriate land use intensities in the Village, and development of performance standards to allow implementation of these strategies. It is anticipated this process would take in the range of six to twelve months, and would be conducted at the applicant's expense. RECOMMENDATION: 1. Provide direction to staff to proceed with a General Plan Amendment and possibly an Environmental Impact Report (at applicant's expense), based on the general guidance as set forth in the staff report; or, 2. Make a finding of denial for the project as designed, as being inconsistent with the General Plan on its face, and direct the applicant to redesign the project or withdraw the application; or, 3. Adopt respective Planning Commission Resolutions 2005- and 2005- with findings to recommend City Council denial for Specific Plan 2005-076 and Village Use Permit 2005-032. Prepared by: Wallace Nesbit, Associate Planner Attachments: 1. Location Map 2. Project site plan 3. Specific Plan 1 P 71 ! °v r � 0 n � rAA ozar tz " " " 0 70 9 3 O �4 o 4 18 I4 2j 8 y ' 7 8e6 ,' c \6'/� 7 v 5 ATTACHMENT 1 Project Area ' -1--------- -I m m icele in feel so I-V Project Location Map 15 90 (Block 123) tale in melef9 La Quinta, California 0 ir l r r I III GARAGE LEVEL I^ aZp{p• r . 'GlWdxr Xa 'ouissta ,I La Qnin[a, Califo reis HORREGO RESORT HOLDINGS 1 I I ! r K TTER / 6 A6 ES ay.raw.a saw^a La Quinta, Califorala K TTEF / 6 A E6 ..wrawasoz...�o BORREGO RESORT HOLDINGS BUILDING LEVEL 'Cicrsa �4ain to La Quinta, California BORREGO RESORT HOLDINGS K TTER 6 A6 EB vW>p'v6plQttlry i BUILDING LEVEL �• -o^ DORREGO RESORT HOLDINGS PH #E STAFF REPORT PLANNING COMMISSION DATE: NOVEMBER 22, 2005 CASE NO.: ZONING CODE AMENDMENT 2005-083 REQUEST: RECOMMENDATION TO THE CITY COUNCIL TO AMEND CERTAIN SECTIONS OF THE LA QUINTA MUNICIPAL CODE LOCATION: CITY-WIDE APPLICANT: CITY OF LA QUINTA ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE AMENDMENT TO THE MUNICIPAL CODE IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(b) (3) OF THE CEQA GUIDELINES BACKGROUND: Public concern regarding certain non-residential development has prompted City Council to review the City's site development permit process. As requested of Council, staff recently identified several options with the primary objective to better inform Council of the site development permit applications being processed Attachment 1). Council in turn directed staff to propose an amendment allowing Council members to consider certain non-residential site development permits via consent agenda (Attachment 2). In addition to City Council direction, staff suggests adding City Council consent agenda review of all high -density residential development. In light of this, staff is proposing an amendment to La Quinta Municipal Code Section 9.210.010 (Site Development Permits) providing for City Council consent calendar review of certain non-residential site development permit applications. The proposed amendment provides opportunity for City Council consent calendar consideration of all high -density residential and certain non-residential site development permits. Non-residential permits would be considered by City Council when the development is within 100 feet of residentially zoned properties and is greater than one-story or 22 feet in height. In order for City Council to further consider the permit application, the matter would be removed from the consent calendar and a separate hearing would be required. City Council consideration of these permits would occur following the 15-day appeal period required of the Planning Commission decision. PAReports - PC\2005\11-22-05\ZOA 05-083\PC stf rpt.doc Other options for Planning Commission consideration are as follows: ■ City Council review of all non-residential and high -density residential site development permits. ■ For non-residential projects, increase or reduce distance from residentially zoned properties. ■ Establish a minimum square footage threshold (i.e. 10,000 or 20,000 square feet or greater) for non-residential site development permits. FINDINGS: The findings to support Zoning Code Amendment 2005-083 are contained in the attached Planning Commission Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2004-_ recommending to the City Council approval of Zoning Code Amendment 2004-081, as recommended. Attachments: 1. City Council Staff Report - 10/8/05 2. City Council Meeting Minutes (Excerpt) - 10/8/05 Prepared by: Planning Manager P:\Reports - PC\2005\11-22-0520A 05-083\PC stf rpt.doc PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO SECTIONS 9.200.020 AND 9.210.010 OF THE MUNICIPAL CODE RELATING TO SITE DEVELOPMENT PERMITS CASE NO.: ZOA 2005-083 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22"d of November, 2005, hold duly noticed Public Hearings to make certain recommendations to the City Council regarding amendments to Sections 9.200.020 and 9.210.010 of the Municipal Code, to address regulations pertaining to the application review process for site development permits; and WHEREAS, the text amendment is exempt from the California Environmental Quality Act by CEQA Guideline 15061(b)(3), since the amendments relate only to project processing, and therefore it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; 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 recommending approval of said Zoning Code Amendment: The proposed Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed Amendment will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform to, the City's standards and requirements. 3. The proposed Amendment support the orderly development of the City. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case. 3 Planning Commission Resolution 2005- Zoning Code Amendment 2005-083 Adopted: November 22, 2005 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to CEQA Guideline 15061(b)(3). 3. That it does recommend approval of Zoning Code Amendment 2005-083 to the City Council for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22ntl day of November, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California 4 Planning Commission Resolution 2005- Zoning Code Amendment 2005-083 Adopted: November 22, 2005 Section 9.200.020 - Authority EXHIBIT "A" A. Decision -Making Authority. Table 9-23, following, specifies the decision -making authority for each of the various actions described in this code. An "A", eK "PH" or "CC"means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that a public hearing is required before action is taken. An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. A "CC" means that the city council is responsible for considering the site development permit as a consent calendar item. Table 9-23 Discretionary Review Authority PH = Decision -making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing) CC = Decision -making body (City Council as consent calendar item) Type of Application Decision -Making Authority Staff Planning Commission City Council General plan amendment R(PH) PH R(PH) PH R(PH) PH R(PH) PH R(PH) PH PH PH PH PH CC/PH*** A* A* A* A** A* PH Zoning code amendment Zone change Specific plan Development agreement Variance Conditional use permit Site development permit (not within scope of LQMC 9.210.010.D2) Site development permit (perLQMC 9.210.010.D2) Minor use permit Minor adjustment Temporary use permit Home occupation permit Sign permit Sign program Subdivisions Per city subdivision code Environmental review Per city environmental review procedures * By community development director ** By director of building and safety ***PH would be held if the item as not approved on CC as a consent calendaritem. Planning Commission Resolution 2005- Zoning Code Amendment 2005-083 Adopted: November 22, 2005 B. Administrative Action. Actions to be taken administratively per Table 9-23, preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding communityor the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case -by -case basis that the public interest would be served by such notification. C. Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing. Section 9.210.010 — Authority A. Terminology. For purposes of this code, site, architectural, lighting and landscape plans, related development plans, and sign programs are included within the term "site development permit." B. Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including but not limited to permitted uses, development standards and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 1. Individual single-family houses and alterations to single-family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this code or permit condition of approval. 2. Temporary uses (requires temporary use permit per Section 9.210.050). D. Decision -Making Authority. Site development permits shall be processed by4he—as follows: 1. All permits shall be processed by the planning commission per Section 9.210.010 unless otherwise stipulated iR this Gede. 2. Following planning commission decision, all high -density residential and all non- residential permits with structures greater than one-story or 22 feet in height and within 100 feet of residentially zoned properties, as measured by outer boundary of the parcel which is the subject of the permit, shall be reviewed by the city council. If an appeal regarding the permit has been filed in accordance with Section 9.200.120, the appeal shall be heard by the city council in accordance with that section. If no appeal is filed regarding the permit within the 15 calendar day appeal period, approval of the planning commission action shall be placed on the city council's consent calendar at a council meeting within 30 days of the planning commission's decision. Should any member of the city council request that the item be removed from the consent calendar, or should the planning commission's action not be approved as a consent calendar item, the permit shall be noticed for public hearing before the city council. City councils review of the item shall fully consider the application. E. Precise Development Plan. Upon approval, a site development permit constitutes a precise development plan. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. t7 Planning Commission Resolution 2005- Zoning Code Amendment 2005-083 Adopted: November 22, 2005 F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any site development permit: 1. Consistency with General Plan. The project is consistent with the general plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. 7. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistentwith the purpose and intent of Chapter 9.160 (Signs); b. The sign program is in harmony with and visually related to: i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape, ii. The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified, iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. G. Appeals. Appeals to decisions on site development permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The period of validity for establishment of a site development permit is one year from its effective date as defined in Section 9.200.060. Time extensions may be granted pursuant to Section 9.200.080. I. Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100. J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic Planning Commission Resolution 2005- Zoning Code Amendment 2005-083 Adopted: November 22, 2005 elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. �Z 9.210.010 Site development permits. D. Decision -Making Authority. Site development permits shall be processed by the planning commission per Section 9.210.010. All non-residential permits within 100 feet of residentially zoned properties and greater than one-story or 22 feet in height shall be reviewed by the city council as a consent calendar item within 15 calendar days of the decision. Should city council move to further consider the application, said review sha# be in accordance with Section 9.200.120 (D) 9.200.020 Authority. Table 9-23 Discretionary Review Authority PH = Decision -making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing) Type of Application Decision -Making Authority Staff Planning Commission City Council General plan amendment R(PH) PH R(PH) PH R(PH) PH R(PH) PH R(PH) PH PH PH PH *** A* A* A* A** A* PH Zoning code amendment Zone change Specific plan Development agreement Variance Conditional use permit Site development permit Minor use permit Minor adjustment Temporary use permit Home occupation permit Sign permit Sign program Subdivisions Per city subdivision code Environmental review Per city environmental review procedures * By community development director *** Except as provided for in Section 9.210.01OD ** By director of building and safety 3 BI #A PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 22, 2005 CASE NO.: SITE DEVELOPMENT PERMIT 2005-829 LANDSCAPING PLAN APPLICANT: TARLOS & ASSOCIATES REQUEST: CONSIDERATION OF A REVISED LANDSCAPING PLAN FOR A WENDY'S RESTAURANT LOCATION: THE NORTHEAST CORNER OF AUTO CENTER DRIVE AND LA QUINTA DRIVE PROPERTY OWNER: STAMKO DEVELOPMENT GENERAL PLAN/ ZONING DESIGNATIONS: REGIONAL COMMERCIAL/REGIONAL COMMERCIAL ENVIRONMENTAL DETERMINATION: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE CENTRE AT LA QUINTA COMMERCIAL CENTER, SPECIFIC PLAN 97-029, AS AMENDED. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 SURROUNDING LAND USES: NORTH: LA QUINTA DRIVE SOUTH: PARKING LOT, EXISTING COMMERCIAL DEVELOPMENT EAST: EXISTING COMMERCIAL DEVELOPMENT WEST: AUTO CENTER DRIVE BACKGROUND: The Planning Commission approved Site Development Permit 2004-829 at its meeting of May 24, 2005. At that time, the Planning Commission imposed a condition of approval which required the applicant to re -submit the final landscaping plan with the grading plan. The condition also required the adjacent parkway on La Quinta Drive be shown on the landscape plan, so that the Commission could ascertain the relationship of the project site to the parkway. The attached materials constitute the applicant's compliance with this condition of approval. PROJECT REQUEST: The attached plan sheets include, in order, the project precise grading plan; the landscaping plan, including the adjacent parkway on La Quinta Drive (1-1); the landscaping plan with photos of the proposed plants (1-1-1); the irrigation plan (1-2); irrigation details (1-3); and the landscape utility plan (1-4). As shown on the precise grading plan, the parkway along La Quinta Drive rises from an elevation at the curb of approximately 64 to 64.5 feet, to an elevation of about 66 feet at the proposed screen wall for the project. The drive-thru lane occurs at an elevation of about 67 to 68 feet, while the screen wall rises to an elevation of 70 feet. The landscaping proposed in the parkway, as shown on sheet L1, consists of a mix of drought tolerant plants, including Lantana, Cassia, Palo Verde and Acacia, among others, covered by decomposed granite. The landscaping plan for the site itself has been modified as requested by the Commission, with the replacement of Mesquite Trees with Mimosa, and the replacement of the Bird of Paradise in the drive-thru aisles to Lantana as ground cover, and Carolina Jasmine to be trained as a vine along this wall. These choices will be more manageable, and will not interfere with drive-thru operations. The balance of the landscaping plan is consistent with the Planning Commission approval of May 24`". RECOMMENDATION: The proposed landscaping plan has been amended to meet the requirements of the conditions of approval. Adopt Minute Motion 2005- approving the landscaping plan for Site Development Permit 2005-829 Attachments: 1 . Precise Grading Plan and attached landscaping sheets. Prepared by: Nic( , onsulting Planner