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2005 12 27 PCcFM OF Tt� Planning Commission Agendas are now available on the City's Web Page dal www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California DECEMBER 27, 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 2005-066 Beginning Minute Motion 2005-017 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 December 13, 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 ................ ENVIRONMENTAL ASSESSMENT 2005-550, GENERAL PLAN AMENDMENT 2005-106, ZONE CHANGE 2005- 126, SPECIFIC PLAN 83-002, AMENDMENT #5, AND TENTATIVE PARCEL MAP 32752 Applicant ......... Ray Shaffer Location .......... Between Weiskopf and Jack Nicklaus Golf Courses, immediately south of PGA Boulevard, within PGA West Request ........... Consideration of: 1) A Negative Declaration of environmental impact; 2) A General Plan Amendment and Zone Change from Golf Course to Low Density Residential; 3) A Specific Plan to allow the conversion of 2.3+ acres of existing golf course/common area to residential use; and 4) Review of a Parcel Map to subdivide 2.3 + acres into three single-family lots . Action ............. Resolution 2005-_, Resolution 2005- , Resolution 2005- , Resolution 2005- , Resolution 2005- B. Item ................ SITE DEVELOPMENT PERMIT 2005-846 Applicant ......... Toll Brothers, Inc. Location .......... Within Tract 30834, on the north side of Avenue 58, t 1 /2 mile west of Madison Street Request ........... Consideration of a residential tract development for seven single-family prototypes, each with two different elevation treatments, and typical landscape design plan. Action ............. Minute Motion 2005- G:\WPDOCS\PC Minutes\7 AgendaW.doc VI. BUSINESS ITEM: A. Item ................ SIGN APPLICATION 2005-941 Applicant ......... Signtech Electrical for Cingular Location .......... North side of Highway 111, within the One -Eleven La Quinta Shopping Center, west of Adams Street Request ........... Consideration of a deviation to an approved Sign Program to permit non -conforming corporate signs for a business. Action ............. Minute Motion 2005- B. Item ................ CONSIDERATION REGARDING HOOKAH BARS Applicant ......... City of La Quinta Location ........... City-wide Request ............ Consideration whether to allow Hookah Bars as a permitted use, prohibited use, or conditional use in the Non -Residential Zoning Districts Action .............. Provide staff with direction VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Report of Council action on a General Plan Amendment in the Village B. Review of City Council meeting of December 20, 2005. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on January 10, 2006, at 7:00 p.m. G:\WPDOCS\PC Minutes\1 AgendaMdoc 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, December 27, 2005, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, December 23, 2005. DATED: December 23, 2005 d ETTY, J. A YER, Executive Secretary City of Latuinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. G:\WPDOCS\PC Minutes\1 AgendaMdoc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 13, 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 Daniels 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, Assistant City Attorney Michael Houston, Planning Manager Les Johnson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any changes to the Minutes of the November 22, 2005 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Quill to approve the minutes as submitted. Unanimously approved with Commissioner Alderson Abstaining. V. PUBLIC HEARINGS: None. VI. BUSINESS ITEMS: A. Site Development Permit 2004-812; a request of Chick-Fil-A for consideration of screening provisions for a restaurant with a drive-thru lane located on the north side of Highway 1 1 1, east of Adams Street, in The Pavilion at La Quinta. 1 . Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 0:\WPD0CS\PC Minutes\12-13-05.doc Planning Commission Minutes December 13, 2005 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson questioned why we were asking the applicant to provide the screening when this portion of the site is actually the responsibility of the master developer. Staff explained how the responsibilities for the area were determined. 3. Commissioner Daniels asked who was responsible for maintenance. Staff stated the master developer was responsible for the maintenance. In addition, there is a condition that the plants be allowed to grow to maturity and that they be maintained at the proper height for screening. 4. Commissioner Quill asked if the Commission had previously requested the retaining wall be used. Staff stated it was not a condition. 5. There being no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Greg Lawless, representing the applicant, explained the project. He explained the entire site belongs to Chick-Fil-A, but the master developer is responsible to see that the landscaping theme is carried out through the entire site frontage. The master developer is also responsible for the maintenance. In regard to retaining walls, this is not something they would want due to the lane width required to keep a vehicle from driving into the wall. 6. There being no further public comment the matter was opened to Commission discussion. 7. Commissioner Quill stated he does not believe the height of the berm and plant material is enough to hide the cars and headlights from the traffic on Highway 1 1 1. 8. Commissioner Alderson asked if the master developer has a grading plan with these elevations and if so how did the elevations change from 75 to 74 feet. Staff clarified other berming was proposed earlier in the project's grading plans. The engineer could be requested to redesign with a continuous berm to reach the height desired in some of the areas. 9. Chairman Kirk asked if there were any concerns in maintaining the slope and grade. Staff stated they had no objections, but it would be up to the Public Works Department. Community Development Director Doug Evans suggested it be a berm and/or low stem wall. G:\WPDOCS\PC Minutes\12-13-05.doc 2 Planning Commission Minutes December 13, 2005 10. Commissioner Quill stated the berm needs to hide the cars up to the top of the car. Mr. Lawless stated he does not know of any other drive-thru in the City that has this requirement. He would recommend the Texas Ranger be planted at the top of the berm to hide the drive-thru. This would essentially be seven feet in height. 11. Commissioner Quill stated he does not want to rely on plant material to hide the drive-thru. He wants the berm to hide the cars. The site line from Highway 1 1 1 should not see the cars. 12. Commissioner Daniels stated he does not want the dike look with a continuous berm. 13. Commissioners Ladner and Alderson stated 75 feet with some undulation would be acceptable. 14. It was moved and seconded by Commissioners Quill/Daniels to adopt Minute Motion 2005-016, approving the drive-thru plans for Site Development Permit 2004-812, as recommended and with the berm constructed to a height where the site line from Highway 1 1 1 hides the vehicle to the roof of a standard vehicle. A stem wall could be used in conjunction with the berming. Unanimously approved. B. Consideration as to whether to allow vinyl fencing as an alternate material for residential fences; a request of City for direction in regard to fence material within the City. 1. Chairman Kirk asked for the staff report. Planning Manager Les Johnson presented the information in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there was any public comment. Ms. Kay Wolff, P. 0. Box 1016, La Quinta, asked if staff had considered an alumna wood material. Staff stated no; they were specific to the vinyl material as this was the specific request brought to staff. 3. Commissioner Ladner stated it was her experience the vinyl is a better quality material than the wood. Her only concern would be the quality of the product used. G:\WPDOCS\PC Minutes\12-13-05.doc 3 Planning Commission Minutes December 13, 2005 4. Commissioner Alderson asked if the vinyl fencing proposed by the resident who brought this up, is an imitation wood material. Staff stated it is a smooth finish, but that most manufacturers offer a simulated and smooth fence. 5. Commissioner Quill stated it has been his experience that it is a good product and superior to wood. He would only want it to be allowed where wood is allowed. 6. Chairman Kirk stated he is more concerned with quality than material. 7. It was moved and seconded by Commissioners Daniels/Quill to interpret the Code to allow the alternative material to wood fencing in the Cove, and directing staff to address the particulars at a later date with a Code Amendment. Unanimously approved. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Community Development Director Doug Evans informed the Commission that on December 201" at 4:00 p.m. there will be a presentation by Lowe International on the hotel and conceptual design of the SiiverRock Resort project. B. Review of City Council meeting of December 6, 2005. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 27, 2005, at 7:38 p.m. This meeting of the Planning Commission was adjourned at 7: p.m. on December 13, 2005. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\12-13-05.doc 4 PH #A PLANNING COMMISSION STAFF REPORT DATE: DECEMBER 27, 2005 CASE NOS.: ENVIRONMENTAL ASSESSMENT 2005-550, GENERAL PLAN AMENDMENT 2005-106, ZONE CHANGE 2005-126, SPECIFIC PLAN 83-002, AMENDMENT #5, AND TENTATIVE PARCEL MAP 32752 APPLICANT: RAY SHAFFER ENGINEER: MDS CONSULTING LOCATION: BETWEEN WEISKOPF AND JACK NICKLAUS, IMMEDIATELY SOUTH OF PGA BLVD. WITHIN PGA WEST REQUEST: CONSIDERATION OF: 1) A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM "GOLF COURSE" TO "LOW DENSITY RESIDENTIAL"; 3) A SPECIFIC PLAN AMENDMENT TO ALLOW CONVERSION OF 2.3+ ACRES OF EXISTING GOLF COURSE/COMMON AREA TO RESIDENTIAL USE; AND 4) REVIEW OF PARCEL MAP TO SUBDIVIDE 2.3+ ACRES INTO THREE SINGLE-FAMILY LOTS. ENVIRONMENTAL REVIEW: ENVIRONMENTAL ASSESSMENT 2005-550 WAS PREPARED FOR THIS SPECIFIC PLAN 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 THAT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE RECOMMENDED FOR CERTIFICATION. ZONING: GC (GOLF COURSE) P:\Reports - PC\2005\12-27-05\Shaffer sp at al\sp 83-002 amend #5 at al pc rpt.doc GENERAL PLAN DESIGNATION: G (GOLF COURSE) SURROUNDING ZONING AND LAND USES: NORTH: CT / VACANT ACROSS PGA BLVD. SOUTH: GC / GOLF COURSE EAST: RL / SINGLE FAMILY RESIDENCES WEST: RL / COMMON AREA LANDSCAPING BACKGROUND: The subject property is within PGA West south of PGA Boulevard, between Jack Nicklaus and Weiskopf Streets (Attachment 1). A specific plan was approved in 1984 to allow the original development. The subject site was approved as part of the golf course/common area improvements. The site is presently planted in lawn and includes a few trees with a part of a golf cart path and practice green used for the Weiskopf golf course being located south of the southern boundary. The land owner, KSL Land Corporation, is selling the property to Mr. Shaffer for the proposed development. The project site consists of two common area parcels and a 37 foot wide private road parcel connecting Weiskopf and Jack Nicklaus that was never constructed (Attachment 2). The common area lot to the west contains a portion of this unconstructed private street that ties in to Jack Nicklaus. PROJECT PROPOSAL: The applicant is requesting approval to construct three single-family residences on three proposed lots. This requires changes to the General Plan, Zoning Map, and PGA West Specific Plan, and approval of a Tentative Parcel Map. The development applications and a brief description are as follows: General Plan Amendment: The General Plan currently designates the subject property as Golf Course (G). The applicant is requesting a Low Density Residential (LDR) designation to permit the proposed residential use. This designation would not be inconsistent with the surrounding residential uses in PGA West. Zone Change: The Zoning Map currently designates the subject property as Golf Course (GC). The applicant is requesting a Low Density Residential (RL) designation to permit the proposed residential use. This zoning would not be inconsistent with the surrounding residential uses in PGA West. } PAReports - PC\2005\12.27-05\Shaffer sp at al\sp 83-002 amend N5 at al pc rpt.doc Specific Plan Amendment: The Specific Plan for PGA West currently designates the subject property as Golf Course area. The applicant is requesting an amendment to designate the site Low Density Residential to permit the proposed residential use. The specific plan incorrectly shows the easterly portion of the site as Low Density Residential. The entire site is General Plan designated and zoned as "Golf Course". Tentative Parcel Map: The proposal is to subdivide the 2.3+ acre project site into three single-family lots containing 24,300 square feet, 25,000 square feet and 52,450 square feet. The largest lot (Parcel 3) will be on the east side with frontage on, and access from Weiskopf. The middle lot (Parcel 2) will have access to Weiskopf via a 20 foot wide driveway easement across Parcel 3. This access easement will be located parallel and adjacent to PGA Blvd. Access to the westerly most lot (Parcel 1) will be from Jack Nicklaus via a 20 foot wide easement through the common area lot between the subject property and Jack Nicklaus. The golf cart path that runs through the subject property and provides access between the 18th hole and the 1" hole will be relocated to the south outside of the subject area. The practice green will be removed. Lot sizes in the area of the project site vary with lots along Jack Nicklaus in the area of 14,000± square feet and lots along Weiskopf varying with the primary size in the area of 19,000 ± square feet. There is an existing 10 foot wide storm drain easement running north -south across the east side of Parcel 1 . Additionally, various easements may exist on the unused private street connecting Jack Nicklaus and Weiskopf. Public Works Department has recommended several Conditions of Approval to address these easements and ensure they are relocated or if no longer needed, eliminated. A conceptual site plan showing the intent of how the lots will be developed has been submitted for your review (Attachment 4). PUBLIC NOTICE: This map application was advertised in the Desert Sun newspaper on December 17, 2005. All property owners within 500 feet of the subject property were mailed a copy of the Public Hearing notice as required by the La Quinta Municipal Code. To date, we have received two letters. The letters are from property owners adjacent to the south side of proposed Parcel 3 who live on Weiskopf. One owner is objecting to the project and requesting a continuance to a later date with the second requesting a continuance to January 10, 2006 (Attachment 5). 11 P:\Reports - PC\2005\12-27-05\Shaffer sp et al\sp 83-002 amend #5 at al pc rpt.doc DISCUSSION: Under the existing General Plan, Zoning and Specific Plan, the original intent of this area was for it to be planted and maintained for recreation and passive use. The original surrounding homeowners purchased their property upon these conditions and assumed they would extend into the future. The existing planted area has existed for approximately 10 years. The existing land use is consistent with the intent of the original project design and there is no compelling reason to change the existing General Plan, Zoning, and Specific Plan other than the applicant has determined that up to three new single family residential lots could be developed while maintaining the existing golf cart path. Based upon these conditions the Planning Commission could outright deny the proposed General Plan amendment, Zone Change, Specific Plan Amendment and Tentative Parcel Map, citing inconsistency with the existing land use designations and entitlements. OPTIONS: The following options are available to the Planning Commission: 1) Continue consideration to a date specific as requested by the letter received. 2) Recommend approval. 3) Deny the project based on inconsistency with the General Plan. dIJ101IJRTS The Environmental Assessment, General Plan, Zone Change, Specific Plan and Tentative Parcel Map findings needed for a positive recommendation to the City Council, as required by CEQA and Chapter 9.240 of the Zoning Ordinance can be made should you wish to recommend approval of this request, as noted in the attached Resolutions with the recommended Conditions of Approval. RECOMMENDATION: Staff recommends the Planning Commission consider the request and determine if approval is in the best interest of the community. Should the Commission determine it is acceptable, the following actions should be taken: 1. Adopt Planning Commission Resolution 2005- , recommending to the City Council certification of a Negative Declaration of Environmental Impact. 2. Adopt Planning Commission Resolution 2005- , recommending to the City Council approval of General Plan Amendment 2005-106. 3. Adopt Planning Commission Resolution 2005- recommending to the City Council approval of Zone Change 2005-126. P:\STAN\SP\sp 83-002 amend N5 at al pc rpt.doc 4. Adopt Planning Commission Resolution 2005- , recommending to the City Council approval of Specific Plan 83-002 Amendment #5, subject to the attached Conditions of Approval. 5. Adopt Planning Commission Resolution 2005- , recommending to the City Council approval of Tentative Parcel Map 32752, subject to the attached Conditions of Approval. Attachments: 1. Location Map 2. Specific Plan Document 3. Tentative Parcel Map 4. Conceptual plan showing development of proposed lots 5. Letters received Prepared by: ' cS4)A X Stan Sawa, Principal Planner It P:\STAN\SP\sp 83-002 amend #5 at al pc rpt.doc PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-550 PREPARED FOR GENERAL PLAN AMENDMENT 2005-106, ZONE CHANGE 2005-126, SPECIFIC PLAN 83-002, AMENDMENT #5 AND TENTATIVE PARCEL MAP 32752 ENVIRONMENTAL ASSESSMENT 2005-550 APPLICANT: RAY SHAFFER WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27T" day of December, 2005 hold a duly noticed Public Hearing to consider Environmental Assessment 2005-550 prepared for General Plan Amendment 2005- 106, Zone Change 2005-126, Specific Plan 83-002, Amendment #5 and Tentative Parcel Map 32752, for 2.3 + acres, for property located between Weiskopf and Jack Nicklaus, immediately south of PGA Blvd. within PGA West, more particularly described as follows: Lots "H", "T", "L" and "W", Tract 28444 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2005-550) and has determined that the proposed General Plan Amendment, Zone Change, Specific Plan Amendment and Tentative Parcel Map would not have a significant adverse impact on the environment, and a Negative Declaration of environmental impact should be filed; 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 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 2005-550. 2. The proposed General Plan Amendment, Zone Change, Specific Plan Amendment and Tentative Parcel Map because the site is presently planted primarily in turf will not have the potential to degrade the quality of the U P:\Reports - PC\2005\12-27-05\Shaffer sp at aksp 83-002 amend 5 ea 2005-550 pc res.doc Planning Commission Resolution 2005 Environmental Assessment 2005-550 Ray Shaffer Adopted: December 27, 2005 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 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 because the site is presently planted primarily in turf. 4. The proposed General Plan Amendment, Zone Change, Specific Plan Amendment and Tentative Parcel Map do 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 General Plan Amendment, Zone Change, Specific Plan Amendment and Tentative Parcel Map 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 General Plan Amendment, Zone Change, Specific Plan Amendment and Tentative Parcel Map 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 2005-550 and said 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 City Hall, 78-495 Calle Tampico, La Quinta, California. P:\stan\sp\sp 83-002 amend 5 ea 2005-550 pc res.doc Planning Commission Resolution 2005 Environmental Assessment 2005-550 Ray Shaffer Adopted: December 27, 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 correct and constitute the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2005-550 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist on file in the Community Development Department. 3. That Environmental Assessment 2005-550 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 27" day of December, 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:\stars\sp\sp 83-002 amend 5 ea 2005-550 pc res.doc r L Environmental Checklist Form — Environmental Assessment 2005-550 Project title: General Plan Amendment 2005-106, Change of Zone 2005-126, Specific Plan 83-002, Amendment #5, Tentative Parcel Map 32752 Lead agency name and address: 3. Contact person and phone number: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Stan Sawa, Principal Planner 760-777-7125 4. Project location: The Specific Plan area occurs south of Avenue 54, and west of Madison Street. The parcel map occurs on the south side of PGA Boulevard, between Jack Nicklaus and Weiskopf, within the Specific Plan area, APN 762-090-004, -005, 762-070-027, -028 5. Project sponsofs name and address: Ray Shaffer 55-770 Cherry Hill Drive La Quinta, CA 92253 6. General plan designation: Existing: Golf 7. Zoning: Existing: Golf Course; Course; Proposed: Low Density Residential Proposed: Low Density Residential 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.) The General Plan Amendment and Change of Zone are required to change the land use and zoning designations on 2.3 acres of land within the PGA West Specific Plan from Golf Course to Low Density Residential. The Specific Plan Amendment is requested to amend the document's land use designations, development standards and guidelines to allow the development of three homes in an area of the plan that had previously been designated for golf course. The Tentative Parcel Map is required to subdivide the 3 acres into three single family lots of 24,300, 25,000 and 52,450 square feet, for the development of three homes. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: PGA Boulevard, Vacant Tourist Commercial land South: Developed Golf Course East: Developed single family residential West: Developed open space 10. Other public agencies whose approval is required (e.g., permits, financing approval, of participation agreement.) Coachella Valley Water District 13 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 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 EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. '95Gnenw l Za - ! Lo - O Signature Date ,J EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, 'Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 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") 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 glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed project will result in the construction of three single family homes within a planned country club community which is mostly built out. The homes will occur on lots larger than those surrounding them. The views in this area are primarily to the west, and the homes will be constructed in a north -south orientation. Surrounding homes are located in an east -west direction. There is currently landscaped open space on the land planned for development. Although this landscaping will be removed, development of the homes on lots of 24,000 square feet or more will not significantly change the character of the area. There are no significant trees, rock outcroppings or other visual resources on the land. The proposed project is not located on a City designated Image Corridor. d) The development of three homes will result in minor increases in light due to landscape lighting and car headlights. Given the developed nature of the project, this increase will be insignificant. J Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE 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.) b) Conflict with existing zoning for agricultural use, or a Williamson Act X 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) 11.a)-c) The proposed project is developed landscaping/golf course. There is no agricultural activity within the country club, nor adjacent to it. There are no Williamson Act contracts on or near the project site. The project is designated and constructed for urban and recreational uses. No impacts to agricultural resources are expected. ,4 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 Photo) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo) III. a)- e) The development of air quality plans by the South Coast Air Quality Management District was based on the City's General Plan buildout. The PGA West project has built out at densities less than approved. Therefore, the addition of three homes will have no impact, and is consistent with, the air quality planning performed for the Coachella Valley, and the City. The proposed project will generate an additional 29 daily vehicle trips. The primary source of air pollution in the City is due to vehicle emissions. The addition of 29 vehicle trips will not exceed any SCAQMD thresholds. Should all three parcels be developed concurrently, the grading of the site will generate 73.8 pounds of fugitive dust per day, below the SCAQMD threshold for PM10. Since no thresholds will be exceeded, sensitive receptors adjacent to the proposed project area will not be exposed to significant pollutant concentrations. t The proposed subdivision is not expected to create objectionable odors. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact W. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) 0 Conflict with the provisions of an 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.) 'u IV. a)-f) The project site is currently developed as landscaped golf course. No habitat occurs for sensitive or threatened species. The development of the homes will not impact any such species. There are no wetlands on or near the project site. The developed nature of the site precludes its suitability as a migratory corridor. The development will not conflict with any City preservation ordinances, or with the implementation of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Potentially Less Than Less Than No Significant Significant w/ Significant Impa 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? (General Plan MEA p. 123 ff.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? (General Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V.a)-d) As previously stated, the project area is developed. Cultural and paleontological resources were analyzed as part of the original EIR for the PGA West project, prior to any ground disturbing activity. The development of the area precludes the potential for resources on the site. No human remains are expected to occur on the site. 13 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 X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or the loss of topsoil? (General Plan 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 (General Plan MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-d) The site is not located in an Alquist-Priolo Earthquake Fault Zone. The City will enforce Uniform Building Code standards for seismic zones for the three homes. The project area is developed, and has not demonstrated a liquefaction potential. The site is relatively flat, and is not located near a hillside. The homes will be required to connect to the sanitary sewer existing within PGA Boulevard. 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 map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The development of three homes within a planned, and largely built out community will have no impact on hazardous materials. The homes will participate in the household hazardous waste programs implemented by Waste Management throughout the City. There are no identified hazardous materials sites within the project area. The project has been integrated into the City's emergency preparedness planning for some years. There are no wildlands located adjacent or near the project site. Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impa VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p.1II-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. II1-187 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 would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoM(General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. II1-187 ff.) g) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Master Environmental _ Assessment VIII. a)-g) The development of three single family homes is not expected to violate any water quality standards or waste discharge requirements. The homes will utilize ground water provided by the Coachella Valley Water District (CVWD) for domestic and landscaping uses. The project area is currently lushly landscaped, and the development of the homes may actually reduce the water usage on the 3 acres. The project's drainage will be integrated into that of the existing master planned drainage system for PGA West. During construction, the City will require that silt and dust be controlled as a standard requirement for the project grading permit. There is not expected to be any change in the direction of storm flows as a result of construction of the three homes. PGA West is not located within a 100 year flood plain. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X Community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) IX. a)-c) The proposed General Plan Amendment and Change of Zone will result in the conversion of 3 acres currently designated for Golf Course use to Low Density Residential use. The PGA West Specific Plan was approved with both these land uses, so that the proposed amendments represent a shift in land use, not a change in the overall goals of the Specific Plan. Further, the Specific Plan was approved to allow up to 5,000 residential units, and has built out to 3,996 units (including 60 units permitted by Specific Plan Amendment #4, approved in 2000. Therefore, the proposed three homes will not impact the overall development of the Specific Plan, which will still remain below its approved density. The land is currently landscaped open space, and the construction of the three homes will not divide an existing community. No impacts associated with land use are expected. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The site is located in an area of the City designated Mineral Resource Zone MRZ- 1, which indicates that no resources occur. There will be no impact to mineral resources as a result of the proposed project. 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. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The development of three single family homes will have no significant impact on the noise environment within the existing developed Specific Plan area in the long term, insofar as the homes will be consistent in character with surrounding development. The construction of the homes will have limited impacts on existing homes to the southwest and southeast, but these will be controlled and minimized by the City's regulations regarding construction hours. Even if constructed concurrently, the construction noise generated will be temporary and periodic and is not expected to be significant. The project site is not located in an airport influence area. 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 substantia=construction X people, necessitating treplacement housing ePlan, p 9 ff., application m XII. a)-c) The development of three homes will have no impact on population and housing. The project has no potential to cause substantial growth, and insofar as the Specific Plan has developed at densities less than those approved, as described in the Land Use and Planning section above, the Specific Plan as a whole has generated fewer units than expected. The land is currently developed as landscaped open space, and development of the homes will not displace any person. 13 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.) XIII. a) The ultimate development of three homes will have no impact on public services. The PGA West project is already serviced by the City's contract police and fire services, and the three homes will not significantly increase the need for these services. The home construction will generate park in lieu fees and mandated school fees, which are designed to offset impacts to these facilities in the City. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The loss of 3 acres of landscaping in the Specific Plan area will have no impact on recreational facilities. The area to be developed is outside the limits of the golf course itself, and will not impact the recreational opportunity there. The PGA West community includes internal recreational facilities which will serve the residents of the three new homes. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Wou'd 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)? (TPM 32752) e) Result in inadequate emergency X access? (TPM 32752) f) Result in inadequate parking capacity? X (TPM 32752) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) XV. a)-g) The ultimate development of three residential units will generate up to 29 additional daily trips within PGA West, and on surrounding City streets. Given that the Specific Plan was designed to accommodate the traffic generated by up to 5,000 units, and fewer than 4,000 have been constructed, the proposed homes' traffic will not impact the project's or the City's circulation system. The homes will be required to access on the existing, fully improved PGA Boulevard. Each home will provide on -site parking as required by the zoning ordinance. There is no air traffic proposed with the project. Emergency access is already well established within the Specific Plan area. No impacts associated with traffic and circulation are expected as a result of the proposed project. 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)-g) Development of three single family homes will have no impact on utilities. The site is currently irrigated for the maintenance of turf, and development of the homes with water efficient fixtures and desert tolerant landscaping may reduce the water consumption at the site. The project is served by CVWD for wastewater treatment, and the development of three homes will have no impact on their facilities. The storm water control systems within PGA West are well established, and the proposed project will have no impact on the system, but will simply integrate into it. Waste Management of the Desert serves the entire project, and will add these three homes to their service when constructed. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site is already developed, and has no potential to harbor biological or cultural resources. XVII. b) The three homes are well within the maximum permitted units within PGA West, and will not result in any change in the goals and objectives of the Specific Plan, or the City General Plan. XVII. c) The development of the three homes will have no cumulative impacts, particularly since the Specific Plan as a whole has developed at densities less dense than those approved. XVII. d) The proposed project will not have any significant impact on human beings. 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. Environmental Impact Report 83-009 (SCH #83062922), and subsequent environmental review conducted for the previous amendments to the Specific Plan. 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. 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 GENERAL PLAN AMENDMENT FROM GOLF COURSE TO LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED BETWEEN WEISKOPF AND JACK NICKLAUS, IMMEDIATELY SOUTH OF PGA BOULEVARD WITHIN PGA WEST CASE NO.: GENERAL PLAN AMENDMENT 2005-106 RAY SHAFFER WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27`" day of December, 2005, hold a duly noticed Public Hearing to consider the request of Ray Shaffer for approval of a General Plan Land Use Amendment from Golf Course to Low Density Residential for 2.3+ acres for property located between Weiskopf and Jack Nicklaus, immediately south of PGA Blvd. within PGA West, more particularly described as follows: Lots "H", "T", "L" and "W", Tract 28444 WHEREAS, said General Plan Amendment application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005-550. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, recommends a Negative Declaration of environmental impact be certified; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on December 17, 2005 for the Planning Commission meeting 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, 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 to the City Council for approval of said General Plan Amendment: 1. The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan in that the General Plan Amendment results in promoting residential development in a controlled and logical manner. 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting P:\STAN\SP\sp 83-002 amend #5 gpa 2005-106 pc res.doc Planning Commission Resolution 2005- General Plan Amendment 2005-106 Ray Shaffer Adopted: General Plan designations will result in a project that is required to provide adequate setbacks, be well designed and landscaped, and comply with all applicable City, County, State and Federal requirements. 3. The General Plan Amendment is compatible with adjacent properties in that the resulting projects will be single-family residences that are the same as the surrounding single-family residences. 4. The General Plan Amendment is suitable and appropriate for the property in that it will allow expansion of the residential uses. 5. Approval of the General Plan Amendment is warranted because the use is an expansion of uses approved on adjacent properties within PGA West. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does recommend approval of General Plan Amendment 2005-106 for the reasons set forth in this Resolution and as shown in the attached exhibit "A"; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 27`" day of December, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California �5 P:\STAN\SP\sp 83-002 amend #5 gpa 2005-106 pc res.doc Planning Commission Resolution 2005- General Plan Amendment 2005-106 Ray Shaffer Adopted: ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California P:\STAN\SP\sp 83-002 amend #5 gpa 2005-106 pc res.doc CASE No. CASE MAP G PA 2005-106 RAY SHAFFER EXHIBIT "A" ORTH SCALE: NTS 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 ZONE CHANGE FROM GOLF COURSE TO LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED BETWEEN WEISKOPF AND JACK NICKLAUS, IMMEDIATELY SOUTH OF PGA BOULEVARD WITHIN PGA WEST CASE NO.: ZONE CHANGE 2005-126 RAY SHAFFER WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27' day of December, 2005, hold a duly noticed Public Hearing to consider the request of Ray Shaffer for approval of a zone change from Golf Course to Low Density Residential for 2.3 + acres for property located between Weiskopf and Jack Nicklaus, immediately south of PGA Blvd. within PGA West, more particularly described as follows: Lots "H", "T", "L" and "W", Tract 28444 WHEREAS, said Zone Change application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005-550. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, recommends a Negative Declaration of environmental impact be certified; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on December 17, 2005, for the Planning Commission meeting 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, 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 and reasons to justify the recommendation for approval of said Zone Change. 1. This Zone Change is internally consistent with those goals, objectives, and policies of the General Plan and associated Specific Plan in that the Zone Change will be consistent provided the associated General Plan and Specific plan is approved. 14 P-1CTAkRQ — PiJV19 >m>nd HR yr f1F_19R — roc d— Planning Commission Resolution 2005-_ Zone Change 2005-126 Ray Shaffer Adopted: 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses require compliance with the Zoning Code and associated Specific Plan which ensures that the resulting residences will be well designed. 3. The new zone designation is compatible and the same as the designations on adjacent residential properties. 4. The zone designation is suitable and appropriate for the properties involved because they will be designed to be compatible with adjacent properties and reduce potential impacts due to its location at the north end of the fairway. 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 Commission in this case; 2. That it does hereby recommend adoption of the associated Negative Declaration of environmental impact; 3. That it does hereby recommend to the City Council approval of Zone Change 2005-126 as shown on the attached exhibit "A"; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 27`n day of December, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California P:\STAN\SP\sp 83-002 amend N5 zc 05-126 pc res.doc Planning Commission Resolution 2005-_ Zone Change 2005-126 Ray Shaffer Adopted: ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California �,j P:\STAN\SP\sp 83-002 amend N5 zc 05-126 pc res.doc PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CHANGE IN LAND USES FROM GOLF COURSE TO LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED BETWEEN WEISKOPF AND JACK NICKLAUS, IMMEDIATELY SOUTH OF PGA BOULEVARD WITHIN PGA WEST CASE NO.: SPECIFIC PLAN 83-002, AMENDMENT #5 RAY SHAFFER WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 27" day of December, 2005, hold a duly noticed Public Hearing to consider a request by Ray Shaffer for approval of a Specific Plan Amendment amending land uses from Golf Course to Low Density Residential for 2.3+ acres for property located between Weiskopf and Jack Nicklaus, immediately south of PGA Blvd. within PGA West, more particularly described as follows: Lots "H", "T", "L" and "W", Tract 28444 WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on December 17, 2005, for the Planning Commission meeting as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said General Plan Amendment application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005-550. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, recommends a Negative Declaration of environmental impact be certified; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify a recommendation to the City Council for approval of said Specific Plan Amendment: 1. The proposed Specific Plan Amendment is internally consistent with the goals, objectives, and policies of the existing Specific Plan and General Plan in that it will result in promoting commercial development in a controlled and logical manner that is compatible with the neighborhood. P:\Repo•ts - PC\2005\12-27-05\Shaffer sp at al\sp 83-002 amend 6 pc res.doc Planning Commission Resolution 2005- Specifw Plan 83-002, Amendment #5 Ray Shaffer Adopted: 2. Approval of the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting project will provide adequate setbacks, be well designed, landscaped, and will comply with all applicable City, County, State and Federal requirements. 3. The Specific Plan Amendment is suitable and appropriate for the property in that it will allow expansion of the residential component of the project. 4. Approval of the Specific Plan Amendment is warranted because the uses are an expansion of uses approved on adjacent properties within PGA West. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; and 2. That it does hereby recommend to the City Council approval of Specific Plan 83-002, Amendment #5 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 271h day of December, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California P:\Reports - PC\2005\12-27-05\Shaffer sp at al\sp 83-002 amend 5 pc res.doc Planning Commission Resolution 2005- Zone Change 2005-126 Ray Shaffer Adopted: ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California 0, j P:\STAN\SP\sp 83-002 amend #5 zc 05-126 pc res.doc Manning Commission Resolution 2005- :onditions of Approval - Recommended Specific Plan 83-002, Amendment #5 lay D. Shaffer kdopted: 3ENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel 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. ?. Specific Plan 83-002, Amendment #5 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions or the Specific Plan. 3. The Specific Plan text on file in the Community Development Department, shall be revised to incorporate in the appropriate chapter and section the following conditions with a minimum of five copies of the revised final approved texts submitted to the Community Development Department within 30 days of final approval by the City Council or issuance of a grading permit, whichever occurs first. 4. The exhibits related to this request shall be revised to reflect approved General Plan and Zoning designations as approved in GPA 2005-106 and ZC 2005-126. 5. A fee of $1,314.00, payable to Riverside County, is due to the Community Development Department within 24 hours of any City Council approval. This is required by the County to post the Notice of Determination for EA 2005-550 and offset costs associated with AB 3158 (Fish and Game Code 711.4). P:\sfan\sp 03-002 amend 5 pc coa.doc PLANNING COMMISSION RESOLUTION 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA OUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF 2.3+ ACRES INTO THREE RESIDENTIAL LOTS CASE NO.: TENTATIVE PARCEL MAP 32752 RAY SHAFFER WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27`h day of December, 2005, hold a duly noticed Public Hearing to consider the request of Ray Shaffer for the subdivision of 2.3+ acres into three single-family residential lots, located between Weiskopf and Jack Nicklaus, immediately south of PGA Blvd. within PGA West, more particularly described as follows: Lots "H", "T", "L" and "W", Tract 28444 WHEREAS, said Tentative Parcel Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005- 550. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, recommends a 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 Parcel Map 32752: 1. The Tentative Parcel Map and its improvement and design are consistent with the General Plan and approved Specific Plan in that the lot and street design 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 conditions have been incorporated into the project approval to ensure such impacts do not occur. P:\STAN\SP\sp 83-002 amend #5 tpm 32752 pc res.doc Planning Commission Resolution 2005- Tentatrve Parcel Map 32752 Ray Shaffer Adopted: 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed based on applicable local, State, and Federal requirements. 4. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend approval of Tentative Parcel Map 32752 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 27`n day of December, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California P:\STAN\SP\sp 83-002 amend #5 tpm 32752 pc res.doc Planning Commission Resolution 2005- Tentative Parcel Map 32752 Ray Shaffer Adopted: ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California P:\STAN\SP\sp 83-002 amend N5 tpm 32752 pc res.doc ' Manning Commission Resolution 2005- ;onditions of Approval - Recommended 'entative Parcel Map 32752 lay D. Shaffer ldopted: 3ENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel 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 Parcel 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"). This map shall expire two years after approval by the City Council, if not recorded, unless extended pursuant to the provisions of the Subdivision Ordinance Section 13.12.160. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies, if applicable. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. _j PAsfan\sp 83-002 amend 5 q)m 32752 pc coa.doc 'tanning Commission Resolution 2005- :onditions of Approval - Recommended .entative Parcel Map 32752 lay D. Shaffer ldopted: t. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 21 Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. P:\staMsp 83-002 amend 5 tpm 32752 pc coa.doc 2 of 7 'fanning Commission Resolution 2005- -onditions of Approval - Recommended rentative Parcel Map 32752 lay D. Shaffer 4dopted: 5. 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 S. 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. Pursuant to this condition, the applicant is required to submit to the City of La Quinta written verification from the applicable HOA regarding any relinquishing and/or dedication of easements and dedication shown on the recorded Final Tract Map No. 28444 and Final Tract Map No. 28340-1. 7. 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 Parcel Map and to include existing drainage easements applicable from the aforementioned Final Tract Maps. The applicant shall notify prospective buyers of Parcel 1 of said drainage easement and a no -build requirement in perpetuity. B. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along the residence side of all driveway and along the proposed easement from Jack Nicklaus as required by the Utility Purveyors and the City of La Quinta. Such easement may be reduced to five feet in width with the express written approval of IID. 9. 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 Parcel Map, unless such easement is approved by the City Engineer. 10. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 11. 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. 12. Underground utilities shall be installed prior to overlying hardscape. For installation of P:\stan\sp 83-002 amend 5 tpm 32752 pc coa.doc 3 of 7 anning Commission Resolution 2005- onditions of Approval - Recommended antative Parcel Map 32752 ay D. Shaffer dopted: utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 3. The applicant is required to provide all required connection for each parcel to existing utilities to include but not limited to water, sewer, and electrical. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. INAL PARCEL MAP 4. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Parcel 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 Parcel 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. MPROVEMENT PLANS Ns 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. 15. 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. 16. 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. P:\stanlsp 83-002 amend 5 tpm 32752 pc coa.doc 4 of 7 Manning Commission Resolution 2005- Conditions of Approval - Recommended tentative Parcel Map 32752 day D. Shaffer 4dopted: D. On -Site Storm Drain Plan to include any Modification to the Existing Storm Drain System 1 " = 40' Horizontal, 1 " = 4' Vertical 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. 17. 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. A. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal IMPROVEMENT SECURITY AGREEMENTS 18. 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. 19. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 20. 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. GRADING 21. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 22. 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. 23. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: P:\stanlsp 83-002 amend 5 tpm 32752 pc coa.doc 5 of 7 'fanning Commission Resolution 2005- ,onditions of Approval - Recommended -entative Parcel Map 32752 iay D. Shaffer adopted: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. DRAINAGE 24. Stormwater handling shall conform with the approved hydrology and drainage report for Tract Map No. 28444 and as revised for this Parcel Map. The applicant or his design professional shall revise said hydrology and drainage report for Tract Map No. 28444 to include storm drainage improvements required to any modification. 25. Nuisance water shall be drained to the abutting water hazard through bubbler golf course drainage as approved by PGA West. ACCESS DRIVEWAY 26. The applicant shall be required to reconfigure the access easement over Lot D of Tract Map No. 28340-1 to align with Bye Hole Way and to reduce conflict movements with ingress and egress traffic at the Jack Nicklaus Gate House to the satisfaction of the Public Works Department. 27. Nuisance and stormwater shall not be directed to flow to Jack Nicklaus or Weiskopf as proposed by the approved Hydrology and Drainage Report for Tract Map No. 28444. 28. A reciprocal easement and maintenance agreement shall be entered upon between prospective buyers of Parcels 2 and 3 as established in the CC&R's; or dedicated in perpetuity on the Final Parcel Map. The applicant or successor owner of Parcel 1 shall enter into an easement and maintenance agreement over Lot D with KSL Corp. or successor owner for maintenance in perpetuity. QUALITY ASSURANCE 29. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 30. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to PAstaosp 83-002 amend 5 tpm 32752 pc coa.doc 6 of 7 'fanning Commission Resolution 2005- .onditions of Approval - Recommended .entative Parcel Map 32752 lay D. Shaffer kdopted: prepare and sign accurate record drawings, and to provide adequate construction supervision. 31. 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. -EES AND DEPOSITS 32. 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. 33. 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). 34. A fee of $1,314.00, payable to Riverside County, is due to the Community Development Department within 24 hours of City Council approval. This is required by Riverside County to post the Notice of Determination for EA 2005-550 and offset costs associated with AB 3158 (Fish and Game Code 711.4). COMMUNITY DEVELOPMENT DEPARTMENT 35. Residences constructed on subject parcels shall maintain a minimum 30 feet setback from the golf course to the south. 36. Review of architecture and landscaping for production and/or individual custom homes, shall be subject to Title 9, Section 9.60.330 and 9.60.340, LQMC, as applicable. The Community Development Director or designee shall determine whether the unit(s) applied for constitute custom homes or production -level development. Any custom home design guidelines that may be required shall be reflected or referenced in any applicable CC&R's for PGA West. FIRE MARSHAL 37. Access configuration and design to Parcel 2 shall be approved by the Fire Marshal prior to beginning of plan check of the Final Map by the Public Works Department. Modification to Parcel Map may be approved by Community Development and Public Works Departments. PAstaMsp 83-002 amend 5 tpm 32752 pc coa.doc 7 of 7 PGA WEST .KiI= CASE ATTACHMENT #1 52nd 1 AVENUE 54th AVENUE 58th AVENUE MAP - RUITA i i; CASE No. -I \N O R T LOCATION MAP RAY SHAFFER SCALE: NTS n Exhibits 2, 3, and 4 are large exhibits ATTACHMENT #! LETTERS RECEIVED r MEN 80-355 Weiskopf La Quinta, CA 92253 1 9 Dr, and Mrs. Myron Mintz Phone:760-771-0402 Faz:760-771-1154 CITYOFLAQUINTA DesertMintz@aol.com COMMUNITY DEVELOPMENT DEPARTMENT December 19, 2005 Mr. Tom Kirk Planning Commission, City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Environmental Assessment 2005-550,General Plan Amendment 2005-106, Zone Change 2005-126, Specific Plan 83-002 Amendment # 5, Tentative Parcel Map 32752 Dear Mr. Kirk: It is our understanding that Mr. Ray D. Shaffer is applying for a zone change in the aforementioned Tentative Parcel Map 32752. When we moved to PGA WEST in December of 2000 we were told by the developer of the Masters Homes on Weiskopf, that the adjacent land to lot # 1 (our home, 80-355 Weiskopf) same parcel map, was open space and served as a catch basin for the Weiskopf Golf Course. We confirmed this with the city of La Quinta. We are aware that KSL recently sold the 3 parcels to Mr. Shaffer, and we are aware that KSL recently sold the Golf Course to CNL. We have heard nothing regarding CNL giving permission to Mr. Shaffer to build on these 3 parcels and we have heard nothing about any of the 3 PGA WEST Associations annexing the parcels into their respective Associations. We know for a fact that Mr. Shaffer has not applied for annexation into the Fairway's Association which is the Association most likely to be involved in this matter. We also question if Mr. Shaffer has full, legal ownership of these parcels. Given all of the above, we have numerous objections to this application for rezoning. • City of La Quinta has told us the land in question is open space and is needed as a catch basin for the Golf Course. • Our views will be severely obstructed. One of our main motivations to . purchase our property was the guarantee of adjacent open space. • We question the feasibility of Emergency Vehicles able to access the 3 proposed homes. • We question the full legal ownership of the land in question. • We question the lack of movement by Mr. Shaffer to have this land annexed into the Fairways Association of PGA WEST. Given our parcel of land and home will be the most affected by this proposed zoning change, we request a postponement of the December 27, 2005 Public Hearing until your regularly scheduled January Meeting when we can attend in person to state our oppositions. It is unfortunate for us we cannot attend the December 2r Hearing because of a prior commitment. We will be out of town at our daughter's rehearsal dinner in conjunction with her Wedding on December 28tn Additionally, many of our neighbors have informed us that the December 27tn Meeting is at an awkward And very inconvenient time for them falling between The Holidays. Thank you for your consideration. )4v- - L. V4. Myron and Joanne Mintz Mr. Tom Kirk Planning Commission City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Sir: MICHAEL HERMAN @PGA West 80-690 Weiskopf La Quinta, CA, RE: PGA West [EC[Ep V L� Way 92253 DEC 2 2 2005 CITY OF LA QUINTA COMMUNITY DEVELOPMENT December 20, 20WARTMENT I request that you postpone the December 27 consideration of the re -zoning application concerning parcel map 32752 until January 10, 2006. The proposal for three new housing sites is an important issue affecting the thousands of homeowners who live at PGA West. Many of these taxpayers are otherwise involved with the holidays and will be unable to attend the scheduled meeting. Your cooperation is most appreciated. Respectfully, PH #E PLANNING COMMISSION STAFF REPORT DATE: DECEMBER 27, 2005 CASE NUMBER: SITE DEVELOPMENT PERMIT 2005-846 APPLICANT: TOLL BROTHERS, INC. PROPERTY OWNER: TOLL BROTHERS, INC REQUEST: RESIDENTIAL TRACT DEVELOPMENT REVIEW OF SEVEN SINGLE-FAMILY PROTOTYPES, EACH WITH TWO DIFFERENT ELEVATION TREATMENTS, AND TYPICAL LANDSCAPE DESIGN PLAN LOCATION: WITHIN TRACT 30834, ON THE NORTH SIDE OF AVENUE 58, ±'/Z MILE WEST OF MADISON STREET (ATTACHMENT 1) ENVIRONMENTAL CONSIDERATION: ENVIRONMENTAL ASSESSMENT 2002-457, FOR TT 30834, WAS ADOPTED BY THE CITY COUNCIL ON NOVEMBER 5, 2002). NO CHANGED CIRCUMSTANCES OR CONDITIONS EXIST WHICH WOULD REQUIRE THE PREPARATION OF ANY SUBSEQUENT ENVIRONMENTAL EVALUATION. BACKGROUND: Site Background Tentative Tract 30834 (Stone Creek Ranch), was originally approved by the City Council on November 5, 2002, incorporating 76 single-family lots within ±29 acres (Attachment 2). Madison Estates, LLC followed through on the final map, and all perimeter walls, common area/street improvements, and parkway landscaping along Avenue 58, have been completed. Architecture and landscaping plans were originally approved for Stone Creek Ranch on August 12, 2003, by the Planning Commission. The approval allowed three unit plans; a fourth was subsequently added administratively. Currently, five units have been built, using three of the four approved plans. All five existing units are single story. The Stone Creek Ranch project has recently been sold to Toll Brothers, Inc. who wishes to use their existing floor plans to develop the remainder of the tract. Toll Brothers has used some of these plans at PGA West and Mountain View Country Club. As this tract has an existing approved Site Development Permit for three floor plans, all subsequent requests to build additional unit plans must be reviewed and approved against the existing approved plans for this tract, under the Compatibility Review provisions of the Municipal Code. Proiect Background The applicant has submitted prototypical plans for seven unit designs. Each plan is designed with two elevation treatments. The first six plans utilize two elevations referred to as Spanish Colonial and Tuscan styles, and vary in size from 2,779 to 4,188 square feet in area, based on livable floor area without optional space. Plan 7, the Piedra, utilizes two elevations as well, referred to as Tuscan and Santa Barbara styles. Each unit has the following characteristics: Plan 1: Pasillo plan, 2,779 s.f.: 1-story, 3 BR + den/media room, 2-car garage (1 car side -entry). Plan 2: Entrada plan, 3,615 s.f.: 2-story, 3 BR with office and upstairs guest unit/living room, 3-car garage (2 tandem spaces). Plan 3: Montana plan, 3,774 s.f.: 2-story, 3 BR with den and upstairs game room or guest unit option, 2 + 1 car garages (both side entry). Plan 4: Mollino plan, 4,188 s.f.: 2-story, 3 BR with den, 2 + 1 car garages. Second floor has 2 guest rooms and deck. Plan 5: Quintana plan, 3,412 s.f.: 1-story, 3 BR with den, 2 car+ golf cart garages. Plan 6: Santolina plan, 2,794 s.f.: 1-story, 3 BR, 2-car garage, with entry courtyard (NOTE: This plan was submitted to ALRC for review after preparation of the staff report). Plan 7: Piedra plan, 3,285 s.f.: 1-story, 3 BR with bonus room/casita option off open courtyard, 3-car garage. This plan incorporates a Santa Barbara elevation scheme in lieu of the Spanish Colonial scheme used with the other five plans. The applicant's proposed model location will showcase Plans 3 and 4. The plant palettes and landscape improvement layouts for these two plans will be the typical design employed for each of the six plan types. Planting plans for all common and perimeter areas of the entire tract, including the entry gatehouse and perimeter walls, have already been approved and constructed. The model parking lot landscaping incorporates Chilean Mesquite trees, which the ALRC has discouraged ti in past projects. In general, the landscape palettes presented are acceptable; however, staff recommends that front yard turf/sod areas as shown be reduced or eliminated. The applicant will be required to present water calculations to show compliance with Chapter 8.13, LQMC. Applicable Approval Conditions Existing tract conditions that apply to this request are: Condition #68 — Trees shall be staked with lodge poles to protect against damage from gusting winds. Condition #69 — Prior to building permit issuance, a front yard landscape plan shall be prepared for each homesite to include a minimum of two shade trees 0 5-gallon with 0.75 caliper►, five ten-gallon shrubs, and groundcover. No more than 50% of the front yard area shall be devoted to lawn. Condition #82 — The applicant shall comply with the provisions of Section 13.48 (Park Dedications), LQMC. Condition #96 — Design guidelines for each housing product shall be reviewed and approved by the Planning Commission per Section 9.60.330 (Tract Development) or Section 9.60.340 (Custom Homes) of the Zoning Ordinance. Prior to building permit issuance, all required RL Zoning District requirements shall be met. Architecture and Landscape Review Committee (ALRC) Action - On December 7, 2005, the ALRC reviewed these prototype architectural plans, and unanimously recommended approval of the Site Development Permit by Minute Motion 2005- (Attachment 3), subject to incorporation of the following: • Removal of Chilean Mesquite species from the landscape palette • More architectural detailing of staircase railings, blank wall areas and other features, particularly on the two-story elevations. The applicant presented a new plan, the Santolina (Plan 6), after the ALRC packet had been prepared. This plan was incorporated into the ALRC review and approval for this case. The main concern of the ALRC was that a comparable level of material quality and detailing be provided in comparison to the prior approved units. The proposed units provide less detail and architectural depth than the originally approved Stone Creek units, but are consistent in massing and basic appearance. Residential Tract Development Review Requirements - Each prototype plan and elevation meets the standards as specified by Section 9.60.330.D of the Zoning I Code. The landscaping as conditioned is required to be consistent with the requirements specified in Section 9.60.330.E. Use of 2-Story Plans — Plans 2, 3 and 4 will be restricted in their location relative to the five existing units in Stone Creek. They may not be located on any lot adjacent to a one-story unit, pursuant to compatibility requirements (Section 9.60.300.1.1). As one of the model lots is adjacent to an existing single -story unit, that lot, and other similar lots are required to comply with this provision. In addition, it is recommended that the Planning Commission look at limiting tract perimeter lots to single -story, as there are existing PGA West units to the north, the Avenue 58 maintenance facility for PGA West along the west boundary, and approved TT 32279 along the easterly property boundaries (this tract has no limitations on height or number of stories in its approval conditions, and no unit approval has been applied for). The original tract approval did not restrict location of two-story units. However, with the significant increases in property values and concerns with building heights and privacy issues as the City receives more infill development, the Planning Commission should consider these cocerns The applicant has a concern with this requirement for several reasons: 1. The applicant points to the fact that the upper floors of the two-story units have limited visibility out to the rear of the lot, and the upper floors are at the front or center of the unit. They have considered the maintenance facility and surrounding units, with the opinion that the design will not impact future and existing residents. 2. There are no applicable requirements to limit height in the perimeter areas, as there are no tract conditions in this regard, and the compatibility requirements that govern do not apply to any of the perimeter areas. 3. The unit plans are existing units plotted for the lots based on configuration and lot size. It could be difficult to achieve the minimum house size under the compatibility requirements on many lots if the height is limited to one story. Parkland Fee Requirements — The required fees in -lieu of parkland dedication have not been paid to date. Staff had been in negotiation with the original developer of the project prior to its sale to Toll Brothers. A condition has been incorporated with this SDP to reiterate the fee requirement as still applicable to the underlying map. No building permits will be issued until these fees have been paid (NOTE: The developer has stated that these fees have been paid and is in the process of obtaining the supporting documentation). On Landscaping — The applicant has provided a model plan, with two models sited and associated landscaping improvements, which are planned as the basis for each unit plan's typical landscape plan. While the plans are generally consistent with and continue the theme of the common area improvements, staff has recommended that the conditions require a minimum of three tree types to be provided for each typical, to reflect the approved palette for the project common areas. MANDATORY FINDINGS As required by Section 9.210.010 (Site Development Permits) of the Zoning Ordinance, findings to approve Site Development Permit 2005-846 are as follows: 1. Compliance with Zoning Code - The project is consistent with the Design Guidelines of Section 9.60.330 (Residential Tract Development Review) of the Zoning Code, which requires a minimum of two different front elevations, varied roof heights and planes. The proposed units comply with these requirements in that two facades for each of the plans are proposed and varied planes and roof lines are provided. 2. Architectural Design - The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development in the City and the existing tract structures. 3. Compliance with CEQA - This request has been previously assessed in conjunction with Environmental Assessment 2002-457 which was certified by the City Council on November 5, 2002, and therefore, no further environmental review is needed. 4. Site Design - The site design of the project, including, but not limited to project entries, interior circulation, pedestrian, equestrian and bicycle ways, pedestrian amenities, and other site design elements, have been installed and are compatible with surrounding development and with the quality of design prevalent in the City, and provided in compliance with the Zoning Code requirements and the approved 30834 Tract Map. 5. Landscape Design — Only landscaping plans for the new home sites are necessary, as all common area landscaping improvements are complete. Typical front yard plans, based on two model unit landscape plans, were submitted for review; plans for the remaining unit front yards will be submitted for review and have been required to comply with City and Coachella Valley Water District water efficiency requirements, ensuring efficient water use. 6. Compliance with General Plan - The project is in compliance with the General Plan and applicable Specific Plan in that the property to be developed is designated and has been approved for residential development. RECOMMENDATION: Adopt Minute Motion 2005- , approving Site Development Permit 2005-846, subject to the recommended findings and conditions. Attachments: 1. Location Map 2. Tract 30834 layout 3. ALRC Minutes of December 7, 2005 Prepared by: ce Nesbit, Associate Planner 6 MINUTE MOTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-846 TOLL BROTHERS, INC. DECEMBER 27, 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. This Site Development Permit is valid for one year, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 3. SDP 2005-846 shall comply with all applicable conditions and/or mitigation measures, which are incorporated by reference herein, for the following related approvals: • Environmental Assessment 2002-457 • Tentative Tract Map 30834 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. No development permits will be issued until compliance with these conditions has been achieved. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency F/ Planning Commission Minute Motion No. 2005- Conditions of Approval - RECOMMENDED Site Development Permit 2005-846 Toll Brothers, Inc. December 27, 2005 Page 2 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. FEES AND DEPOSITS 5. Applicant shall 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. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s) 7. Prior to building permit issuance, the outstanding parkland dedication fees associated with TR 30834 shall be paid. 8. The model home sales complex shall comply with the requirements of Section 9.60.250 of the Zoning Ordinance, which requires a Minor Use Permit approval and deposit, prior to establishing any of the model units or temporary sales facilities. LANDSCAPING 9. Applicant shall provide a typical landscape plan for each unit as part of landscape plan check review, to be consistent with the plans presented for Plans 3 and 4 as shown on the model landscape plans as approved. Front yard turf/sod areas as shown shall be reduced or eliminated. Plans shall show compliance with Chapter 8.13, LQMC. Each unit plan shall include at least three tree options, consistent with the approved landscape palette for the project's common area landscape improvements as installed. 10. Chilean Mesquite shall be removed and replaced in all plant palettes employed for SDP 2005-846. Replacement trees shall be of a similar size and type. 11. The final front yard landscaping plans for each of the seven plans shall be prepared by a licensed landscape professional and submitted to the Community Development Department, for review and approval prior to issuance of any occupancy permit for the model units authorized by this 8 P:\Reports - PC\2005\12-27-05\Toll Bros SDP 846\pccoasdp846.doc Planning Commission Minute Motion No. 2005- Conditions of Approval - RECOMMENDED Site Development Permit 2005-846 Toll Brothers, Inc. December 27, 2005 Page 3 approval. Said plans shall be in compliance with Chapter 8.13 (Water Efficiency Provisions for New or Rehabilitated landscapes) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department. 12. Landscape areas shall have permanent irrigation improvements meeting the requirements of the CVWD. Use of lawn areas shall be minimized with no spray irrigation, being placed within 18 inches of curbs along any streets. Sprinkler heads shall be placed 18" from curbs with turf between heads and curbs. However, if an 18" gravel strip is required adjacent to curb by CVWD the strip shall be meandering with some ground cover plant material in the widened gravel areas. 13. Front yard landscaping for each dwelling shall consist of, at minimum, two 24" box trees (i.e., a minimum 2.0 inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palms may count as a tree if the trunk is a minimum six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. All shrubs and trees shall be irrigated by bubbler or emitters. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. Future home buyers shall be offered a no -turf, desert landscape option in all front yards. The landscape plan for this option shall be submitted for review and approval along with the other front yard typicals for each plan. 14. Wildflower seed mixes susceptible to weed control problems shall not be used in any hydro -seed operations on lots or other areas, as a dust control method. Any alternative seed mix to achieve erosion/dust control, with minimal weed growth, shall be approved by the Community Development Department. 15. Any ground -mounted mechanical equipment located in view from any street or common area shall be screened by dense landscaping, of a sufficient height to fully screen such equipment above its horizontal plane. BUILDING DESIGN 16. This approval is for seven (7) floor plans for TR 30834, as listed in the Planning Commission staff report for SDP 2005-846, dated December 27, 2005. Any additional unit plans to be added will be subject to ALRC and Planning Commission review as an amendment to this Site Development Permit approval. P:\Reports - PC\2005\12-27-05\Toll Bros SDP 846\pccoasdp846.doc Planning Commission Minute Motion No. 2005- Conditions of Approval - RECOMMENDED Site Development Permit 2005-846 Toll Brothers, Inc. December 27, 2005 Page 4 17. Final location of all structures submitted for plan check shall comply with all setback standards of the RL zoning district. Developer shall submit a preliminary unit siting plan to the Community Development Department prior to issuance of any dwelling unit permits. Minor amendments to the development plans (e.g., architectural details, house plotting, etc.) shall be subject to approval by the Community Development Director. 18. All roof tile options shall be of a tri-color blend. 19. Plans 2, 3 and 4 (Entrada, Montana and Mollino) may not be sited on any lot adjacent to, or sharing common lot boundary with, an existing single story unit located within TR 30834. As part of building plan check review, applicant shall provide a unit siting plan for the entire tract, or with each building phase, as applicable. 20. Plan 4 (Mollina) shall be modified to reduce its floor area, from 4,188 to 4,138 square feet, maximum size, and to show only one guest room on the 2nd floor. This shall be verified during the building plan check process. Only one guest unit/room, as defined by Section 9.60.100, is permitted on a residential lot. 21. Additional detailing of architectural features shall be provided, generally to address blank wall areas on the two-story plan elevations, and visible staircase railings (notably, Plan 2). All staircase railings shall have decorative detailing. The Spanish Colonial Scheme 1, and Piedra unit Santa Barbara elevation, shall not be used for any home adjacent to an existing unit. 22. Front yard setbacks along streets where five or more homes have frontage, shall be staggered at a range between 20 — 25 feet. The applicant shall provide a siting plan with the plan check building plans for verification of all setback issues. 23. Any structural spaces indicating a guest house/casita as an option combined with a side -entry garage shall meet the zoning setback standard for the respective option chosen, which shall be clearly identified on all precise grading plans. All casita/guest house spaces, whether attached or detached, shall be referenced on the precise grading plan. 24. All interior garage spaces shall maintain the minimum interior dimensions as specified in Chapter 9.150 (Parking), LQMC. Single -car garage spaces shall tl P:\Reports - PC\2005\12-27-05\Toll Bros SDP 846\pccoasdp846.doc Planning Commission Minute Motion No. 2005- Conditions of Approval - RECOMMENDED Site Development Permit 2005-846 Toll Brothers, Inc. December 27, 2005 Page 5 maintain a minimum 10-foot x 20-foot interior clear dimension, otherwise they will not be counted as an enclosed garage car space. 25. Guest houses, as defined in LQMC Section 9.60.100, are limited to one per lot/primary dwelling. Any guest house/casita will require approval of a Minor Use Permit, subject to the provisions of said Section as determined by the Community Development Department. The Plan 2 one -car garage/optional casita as shown shall eliminate the casita option, or make it part of the adjacent guest unit. 26. Any roof -mounted mechanical equipment must be screened within or otherwise integral to the roof structure, using compatible architectural materials and treatments, so as to not be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with construction plan submittal for building permits. P:\Reports - PC\2005\12-27-05\Toll Bros SDP 846\pccoasdp846.doc °ROJECT S/TE � ATTACHMENT 1 547H AVENUE � W W AIRPORT W. cn o 56TH AVENUE VICINITY MAP NOT TO SCALE ATTACHMENT 2 ATTACHMENT A Architecture and Landscaping Review Committee December 7, 2005 r" C. Site Development Permit 2005-846; a request of Toll Brothers, Inc. for consideration of architectural and landscaping plans for the property located on the north side of Avenue 58, west of Madison Street. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Allen Janisch and Rick Blackshear who stated they were available to answer questions. 2. Committee Member Christopher asked if any of the new plans will be adjacent to the existing units. Staff stated yes, but no two- story units will be permitted next to a single -story unit. 3. Committee Member Smith asked about the exterior entrances to the upstairs unit. Staff noted that when they are designed with the exterior doorway, it is considered a guest room. Committee Member Smith noted there was a stairwell directly adjacent to the driveway. Mr. Blackshear noted how you would enter the unit. Half of the staircase would be seen from the street. He noted the Plan 2 and Plan 4 staircases can be seen from the street. 4. Committee Member Christopher asked if decorative detailing could be added to the staircase. Mr. Blackshear stated it could be added. 5. Committee Member Bobbitt asked staff to define what detailing that exists on the original units would not be carried over to these units. Discussion followed regarding the differences between the two elevations. 6. Committee Member Bobbitt asked if they were exceeding any height limitations. Staff noted they are all within the height limitations. 7. Committee Member Christopher noted the Plan 2 second story has too much blank wall and something simple such as wrought iron detailing would help. Plan 1 needs something added to the risers to add detail. The applicant should be sensitive to the existing units to not construct something that is less than what is there. �c 0 Architecture and Landscaping Review Committee December 7, 2005 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2005-037 recommending approval of Site Development Permit 2005-846, as recommended and as follows: a. On some of the gable -end second story areas, additional architectural detailing shall be added. b. Decorative treatment shall be provided on Plan 2 for the staircase that faces the street. c. Railing detail shall be decorative and not a standing vertical element. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: There bin no further business, it was moved and seconded by Committee Members B bbitt/Christopher to adjourn this regular meeting of the Architectural and Landsca tas g Review Committee to a meeting to be held on January 4, 2006. This meeting adjourned at 11:00 p.m. on December 7, 2005. Respectfully s�bmitted, BETTY J. SAWYER Executive Secretary 5 t PLANNING COMMISSION STAFF REPORT DATE: DECEMBER 27, 2005 CASE NO.: SIGN APPLICATION 2005-941 APPLICANT, SIGNTECH ELECTRICAL REQUEST: CONSIDERATION OF A DEVIATION REQUEST TO AN APPROVED SIGN PROGRAM TO PERMIT NOW CONFORMING COPORATE SIGNS FOR BUSINESS LOCATION: NORTH SIDE OF 11, IN THE ONE -ELEVEN LA QU NTA SHOPPING CENTER, GHWAY I CENTER,WEST OF ADAMS STREET GENERAL PLAN: REGIONAL COMMERCIAL ZONING: REGIONAL COMMERCIAL ENVIRONMENTAL DETERMINATION: THE LA Q COMMUNITY MENT DEPARTMENT HASA DETERMINED THAT E THIS P SIGN APPLICATION IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15311 (CLASS 11) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) BACKGROUND: The One -Eleven La Quinta Center has an approved Sign Program, which requires 24 or 30 inch high internally -illuminated Helvetica-style channel letters for "Minor Tenant' signs. As per the approved Program, sign length is permitted to be 75% of the leasehold width and a maximum allowable sign area of 50 square feet. For corner spaces, tenants may split the allowable sign area among two signs. A provision in the Sign Program allows a regional or national tenant with five or more outlets to request Planning Commission approval to deviate from the approved Sign Program when using their corporate signage. SIGN REQUEST: The applicant has applied for a total five signs as part of the Sign Application. Three signs are wall mounted and require Planning Commission approval as they exceed the maximum allowable sign area, number of signs, and do not use the approved font for the letters. The fourth sign is proposed for placement on one of the entry doors and does not conform to the City of La Quinta Zoning Code standards. The fifth sign is interior and exempt from the City's sign regulations and the Sign Program. The landlord has approved the requested signs as submitted. The three signs that require Planning Commission approval are proposed to be placed on the north, east, and south building elevations. Two signs (north and south elevations) are proposed to be approximately 27 inches in height and 146.25 inches wide. Each sign is approximately 34 square feet. This exceeds the maximum letter height, permitted length of 75% of the leasehold width and total area allowance (when combined). The third sign (east elevation) is proposed to be approximately 35 inches in height and 195 inches wide. The sign area is approximately 60 square feet. This sign also exceeds the maximum letter height, permitted length, and sign area. The doortwindow sign is proposed to exceed the 3 feet aggregate maximum area, as stated in LQMC Section 9.160.020, as it will be approximately 7 square feet. The three proposed corporate wall signs are comprised of internally -illuminated channel letters. The logos on each of these signs are LED -illuminated. The signs are five inches deep, and are proposed to be flush -mounted to the fascia. The proposed window/door sign is vinyl that will be applied directly on to the glass. STATEMENT OF ISSUES: Issue 1: National or regional tenants are permitted to use corporate or their standard signs with Planning Commission approval. To date, a number of tenants have chosen to do this within the One -Eleven La Quinta Center with some exceeding the Sign Program allowances. Issue 2: The number of signs allowed for corner spaces is two. The applicant is proposing three signs in order to obtain exposure on all three building elevations. A limited number of tenants have been allowed to exceed this provision. Issue 3: The maximum area for door/window signs displaying business hours is three square feet. The applicant is proposing a sign greater than three square feet. RECOMMENDATION: Adopt Minute Motion 2005-_, approving the requested signs, subject to the following Conditions of Approval: The total number of exterior wall mounted signs shall be limited to two. The sign proposed for elevations "A" and "C", measuring 32.61 square feet in area, shall be used. The applicant shall install one of the approved signs on the north elevation and shall be limited to placement of the second sign to either the proposed south or east elevation. 2. The sign area for the proposed window/door sign shall be reduced to not exceed the 3 feet aggregate maximum area as stated in LQMC Section 9.160.020. 3. A building permit shall be obtained prior to any work on the sign being started. 4. Final plans shall be reviewed by the Community Development Department prior to obtaining a building permit. Attachments: Sign Exhibits Prepared bpi. JAY WUU, Aaeis ant Planner gm STAFF REPORT PLANNING COMMISSION DATE: DECEMBER 27, 2005 APPLICANT: CITY OF LA QUINTA REQUEST: DISCUSSION ON WHETHER OR NOT HOOKAH BARS ARE A PERMITTED USE, PROHIBITED USE, OR CONDITIONAL USE IN THE NON-RESIDENTIAL ZONING DISTRICTS LOCATION: CITY WIDE BACKGROUND: Staff received a request from Mr. Halum Abdo to open a hookah bar in the One -Eleven La Quinta Center. Hookah smoking involves the smoking of flavored tobacco through a hookah (a bong -shaped pipe). Smokers sit around the hookah, connect tubes to the hookah, and smoke through their individual mouthpieces. The tobacco is heated in a bowl using hot coals or water. Hookah bars typically consist of tables, chairs, sofas, and multiple televisions. In addition, Mr. Abdo also plans on serving coffee, soft drinks, and snacks at the hookah bar he is proposing. Other cities with hookah bars have treated the use in various ways. The City of Palm Desert treats hookah bars as coffee shops. They are not concerned so much about the use, but rather the parking. The City of Anaheim previously treated hookah bars as coffee shops. However, the use changed over time from a coffee shop -like establishment to more of a nightclub atmosphere. Loud music would often be played by a live DJ until the late hours of the night, and hours of operation extended well past typical hours for a coffee shop or retail establishment. As a result, law enforcement issues became a problem. Now, Anaheim has drafted an ordinance specifically regulating hookah bars and smoking lounges that is currently under City Council review. The State of California does regulate smoke shops and indoor smoking via Labor Code 6404.5 and Penal Code 308. There are a few exceptions within state law that would allow hookah bars. One exception is if the bar is solely operated by the owner, with no other employees. Another exception is if the hookah bar was a retail tobacco shop whose main purpose is selling hookah -related products. Hookah bars are not a listed use in LQMC Section 9.80.040 "Table of Permitted Uses." In addition, the La Quinta Municipal Code also does not regulate smoke/cigar shops. Per LQMC Section 9.80.040, "Other uses not listed in this table," the Community Development Director or Planning Commission is to determine whether a use not clearly defined by the Zoning Code is permitted. ANALYSIS: LQMC Section 9.20.040, "Land Uses Not Listed," states, "any determination on a proposed unlisted use may be referred to the Planning Commission as a non -hearing item if the Director determines on a case -by -case basis that the public interest would be better served by such referral. After staff consideration, it was determined the appropriate course of action was to forward the matter to the Planning Commission for their consideration in order to determine whether a hookah bar should be allowed as a permitted use or conditional use, and which zoning district(s) should they be allowed to locate within. Hookah bars have the ability to operate reasonably and without incident if the use is carefully regulated. Issues associated with this activity that should be considered by the Commission are: 1. The appropriate zoning district(s) that hookah bars would be permitted, either conditionally or outright. 2. How the City would determine the parking requirement for hookah bars. 3. Hours of operation. 4. How to prevent hookah bars from evolving from a coffee shop -type setting to a nightclub. 5. Limiting hookah bars to providing services, amenities and retail goods to those associated with such an establishment. RECOMMENDATION Staff recommends the Planning Commission consider the option of allowing hookah bars as permitted or conditional uses in the City of La Quinta and provide appropriate direction to staff. Attachments: Letter from Mr. Abdo requesting determination Prepared by; JAY WUU, Aosistant Planner ATTACHMENT #1 October, 5 2005 Dear Doug Evans, I Halum Abdo, a La Quinta resident, interested in opening a Huka coffee shop in the city of La Quinta on Adams and Highway 111. I have looked up the zoning codes for the city and noticed that the Huka bar was not listed. The closest thing listed to a Huka bar is live entertainment or a bar. I am requesting a regional commercial zoning code interpretation. In the Huka bar, I will be serving coffee, soft drinks, snacks and Huka. Huka is tobacco smoking. It is smoked from a three feet pipe attached to a glass bottle containing water. There are about twenty-five tobacco flavors. In this Huka bar, there will be tables, chairs, sofas and TV's. Sincerely, Hal um Abdo