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2004 04 27 PCPlanning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California APRIL 27, 2004 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2004-028 Beginning Minute Motion 2004-009 I1111�07_14 a I lexel tiT4:1 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 for the meeting of April 13, 2004 B. Department Report G:\WPDOCS\PC Minutes\PCAgendaW.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 ................ SITE DEVELOPMENT PERMIT 2004-806 Applicant.......... Perkowitz and Ruth Architects Location........... 78-950 Highway 1 1 1, on the west side of Adams Street, at the Whitewater Channel, in the One Eleven La Quinta Shopping Center Request............ Consideration of a remodel to an existing vacant building for occupancy by the Kohl's Department store. Action .............. Continue to May 11, 2004 B. Item ................ STREET NAME CHANGE 2003-015 Applicant.......... La Quinta Polo Partners Location........... West of Madison Street, south of Avenue 51 Request............ Consideration of a street name change from Beth Circle to Norris Drive. Action .............. Resolution 2004- C. Item ................ SITE DEVELOPMENT PERMIT 2004-803 Applicant.......... ND La Quinta Partners, LLC Location........... South side of Hideaway Club Drive, within The Hideaway Request............ Consideration of architectural and landscape plans for three residential bungalow unit types. Action .............. Resolution 2004- D. Item ................ TENTATIVE TRACT MAP 30092, EXTENSION #2 Applicant.......... Covenant Development, Inc. Location........... Northwest corner of Avenue 58 and Monroe Street Request............ Consideration of a one year time extension to file a final map for a subdivision of ± 37 acres into 97 single-family lots. Action .............. Resolution 2004- G:\WPDOCS\PC Minutes\PCAgendaW.doc VI BUSINESS ITEM: A. Item ................ CONTINUED — PUBLIC NUISANCE CASE 9693 Appellant ......... Robert and Barbara Valdivia Location .......... 54-360 Avenida Juarez Request ........... Consideration of an appeal of a public nuisance determination. Action ............. Minute Motion 2004- B. Item ................ SITE DEVELOPMENT PERMIT 2004-805 Applicant.......... Forrest Haag, ASLC, Inc. Location........... Within Tract 31123, on the north side of Avenue 52, west of Vista Bonita Trail Request............ Consideration of five single-family home prototypes, each with two facade treatments and landscape design plans Action .............. Minute Motion 2004- VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vlll. COMMISSIONER ITEMS: A. Review of City Council meeting IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on May 11, 2004, at 7:00 p.m. DECLARATION OF POSTING I, Betty J. Sawyer, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Planning Commission meeting of Tuesday, April 27, 2004, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico, the bulletin board at the La Quinta Chamber of Commerce, and at Stater Bros. 78-630 Highway 1 1 1, on Friday, April 23, 2004. DATED: April 21, 2004 x; 13 �TY/,,Jj SAWYER, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\PCAgendaW.doc Public Notices The La auinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangement should be made in advance by contacting the City Clerk's office at 777-7025. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. G:\WPDOCS\PC Minutes\PCAgendaW.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 13, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Interim Community Development Director Oscar Orci, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Associate Planner Greg Trousdell, 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 corrections to the Minutes of March 23, 2003. Commissioner Tyler asked that Page 5, Item #4 corrected to state: "Commissioner Tyler asked...."; Page 6, Item #3 corrected to state: "Staff deferred to the applicant to determine the location."; and Item #5, "...asked if the existing house..."; Page 12, Item #14 corrected to read, "...but conditions cannot be changed in ...." There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. B. Department Report: None. V. PUBLIC HEARINGS: A. Site Development Permit 2004-802; a request of the City's Redevelopment Agency for consideration of architectural and landscaping plans for the SilverRock Resort Maintenance Building to be located at the southwest corner of Avenue 52 and Jefferson Street. G:\WPDOCS\PC Minutes\4-13-04.doc Planning Commission Minutes April 13, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Interim Community Development Director Oscar Orci presented the information contained in the report a copy of which is on file in the Community Development Department. Staff asked that Conditions 5, 6, and 22 be deleted. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the gate off Avenue 54 lined up with the PGA West maintenance gate. Staff stated it is west of their gate. 3. Commissioner Abels asked if this was the existing construction entrance. Staff stated no. Building and Safety Director Tom Hartung stated the site is located west of the Kennedy Ranch location. 4. Commissioner Quill asked if there was any reason the two entrances were not lined up. Assistant City Manager Mark Weiss stated they had tried, but in consideration of the master plan for the entire site. Discussion followed regarding site orientations. 5. Commissioner Paul Quill questioned why residential units were planned next to a maintenance facility due to the noise factor. Staff stated noise mitigation measures were provided for in the plan. 6. Commissioner Daniels asked if the maintenance equipment was big enough to handle the golf course needs. Assistant City Manager Mark Weiss stated the plans have been reviewed by the City's consultant for the golf course maintenance, Landmark Golf, and it is sufficient in their estimation. 7. Commissioner Quill questioned the over/under lockers totaling only 32. He asked if there was enough lockers and lunchroom area to operate a facility of this size. Mr. Jack Gallagher, Dahlin Group, building architect, stated the size of the lockers and space was discussed with Landmark Golf and it was designed to their specifications. Commissioner Quill stated this is a good opportunity for training and an area needs to be provided that is air conditioned to allow this to happen. Mr. Gallagher stated this was envisioned to happen in the lounge. Commissioner Quill stated the room is not large enough. G:\WPDOCS\PC Minutes\4-13-04.doc 2 Planning Commission Minutes April 13, 2004 8. Commissioner Tyler asked why the Architecture and Landscape Review Committee was recommending a more elaborate design. Staff explained their intent was to have a more unique design being that it is a City structure. After further discussion, it was determined that since it was located away from public view, it was a good design. Commissioner Tyler questioned the size of the building and stated he did not believe it was sufficient. Mr. Gallagher stated they believe it is adequate based on Landmark Golf's recommendation. 9. Commissioner Daniels asked staff to confirm there was a wall on the south side of the building and asked if the road on the east side would allow access off this road into the facility. People showing up for work at predawn taking access off this road rather than the maintenance access could be an issue. Mr. Gallagher stated the facility is designed to have access taken off Avenue 54. Assistant City Manager Mark Weiss gave a brief explanation of the project. 10. Commissioner Daniels stated he was informed he may have a potential for a conflict due to the location of his home and excused himself and left the dias. 11. Commissioner Quill asked the design of the washrack. Mr. Gallagher stated it was designed by the engineers to meet the requirements. It does have an above -ground fuel tank. 12. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the matter for Commission discussion. 13. Commissioner Quill stated he has issue with the space planning for the interior of the building. He questioned whether the building would be housing the equipment and whether the equipment would be City -owned or owned by the managers of the golf course. If City -owned, then he would want to see the equipment undercover. Assistant City Manager Mark Weiss stated it has not been determined, but it is important to the City to see that the equipment is maintained. Commissioner Quill asked if anyone looked at how much equipment will be needed for this size of a facility and can this facility house all this equipment under roof. Mr. Gallagher stated it is his understanding yes, but he would need to confirm this with Landmark Golf. G:\WPDOCS\PC Minutes\4-13-04.doc 3 Planning Commission Minutes April 13, 2004 14. Chairman Kirk commended the applicant on the design, but requested staff look into these questions regarding the City's assets. 15. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2004-027 approving Site Development Permit 2004-802, as amended: a. A memo shall be written by staff to the Planning Commission regarding whether or not the facility would accommodate group staff meetings and whether the equipment would be housed inside or outside of the facility. ROLL CALL: AYES: Commissioners Abels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. Commissioner Daniels rejoined the Commission. B. Sign Application 2004-773; a request of Promotional Signs, Inc. for consideration of: 1) an amendment to the La Quinta Village Shopping Center Sign Program to allow a total of three internally illuminated Starbucks corporate building signs where only two signs are allowed; 2) optional sign measures for national tenants with registered trademarks; and 3) modification to the sign guidelines for other supplemental signs, for the property located at 50-921 Washington Street within the La Quinta Village Shopping Center. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked how many corporate tenants they have. Staff stated three. Commissioner Tyler stated it appears to state that if it was a corporate logo they would be allowed a larger sign and he questioned whether they could alter the size. Assistant City Attorney Michael Houston stated the Commission can alter sign size. Certain trade marks can be prohibited, but conversations so far have been regarding whether or not it is a good idea to force a tenant to meet the City's Code. For "good will" it may be best to allow a corporate to keep its logo. G:\WPDOCS\PC Minutes\4-13-04.doc 4 Planning Commission Minutes April 13, 2004 3. Chairman Kirk asked why we would allow larger size for corporate signs. Assistant City Attorney Michael Houston stated that the "equal protection" analysis would support a city's determination to treat trademark signs differently. The standard for equal protection violation is very low. The court ruling has been that a decision making body must come up with a rational and that rationale basis is any reason given by that doesn't violate the "laugh test". What the Commission's may want to consider is commercial speech violation under the First Amendment. The Commission could permit trademark companies to have different type of signs, but he would want to consider it more before making a decision. Commissioner Kirk asked why staff was recommending larger signs for corporate tenants. Staff stated they were recommending the larger sign based on what was granted to existing tenants. 4. Commissioner Tyler asked staff to clarify the size requested in regard to locations. Staff clarified this was similar to what was allowed at Sesame Restaurant, now Dyson and Dyson. Commissioner Tyler asked that the monument sign requirements be better defined. Staff reviewed other signs that had been approved by the Commission for the Center. 5. Chairman Kirk asked the size of the existing Ralphs sign. Staff stated it was approved under the original sign program. 6. There being no further questions of staff, and the applicant not having any comment, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 7. Commissioners discussed with staff the size of the signs for all tenants in the Center. 8. It was moved and seconded by Commissioners Tyler/Abels to adopt Minute Motion 2004-007, approving Sign Application 2004- 773, as amended: a. Condition added: corporate logos treated equally as all tenants and not be allowed any larger signs. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\4-13-04.doc 5 Planning Commission Minutes April 13, 2004 VI. BUSINESS ITEMS: A. Sign Application 2004-71 1; a request of Hoke Outdoor Advertising for Cameo Homes for consideration of a planned sign program for a mixed land use development for a freestanding monument and directory sign, commercial tenant signs, and other public safety signs to be located at 50-660 Eisenhower Drive, north of Calle Tampico 1. Chairman Kirk asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the report a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Planning Commission. Mr. Bob Hoke, representing the applicant, explained the purpose of their request. 3. There being no further questions, and no other public comment, Chairman Kirk closed the public participation and opened the matter for Commission discussion. 4. Chairman Kirk asked the reasoning for having the commercial monument sign so far north. Mr. Hoke stated it was determined that most of the traffic would be coming from that direction. He would have no objection to moving the sign. 5. It was moved and seconded by Commissioners Tyler/Abets to adopt Minute Motion 2004-008 approving Sign Application 2004- 771, as amended: a. Condition added: 911 and fire lane signs shall have a red background and be highlighted. b. Condition added: two single -sided monument signs with both residential and commercial signage included on each sign facing the entry. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\PC Minutes\4-13-04.doc 6 Planning Commission Minutes April 13, 2004 Vill. COMMISSIONER ITEMS: A. A report was given on the City Council of April 6, 2004. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abelsl/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on April 27, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:1 1 p.m., on March 23, 2004. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\4-13-04.doc 7 PH #A STAFF REPORT PLANNING COMMISSION DATE: APRIL 27, 2004 CASE NO: SITE DEVELOPMENT PERMIT 2004-806 APPLICANT: PERKOWITZ & RUTH ARCHITECTS PROPERTY OWNER: KOHL'S DEPARTMENT STORES, INC. REQUEST: CONSIDERATION OF A REMODEL TO AN EXISTING VACANT BUILDING FOR OCCUPANCY BY THE KOHL'S DEPARTMENT STORE LOCATION: WEST SIDE OF ADAMS STREET AT THE WHITEWATER CHANNEL, IN THE 111 LA QUINTA SHOPPING CENTER BACKGROUND Staff is requesting continuance of this item to the Planning Commission meeting of May 11, 2003, in order to provide the applicant the opportunity to submit outstanding materials pertinent to the application. RECOMMENDATION: Open the public hearing and move to continue consideration of Site Development Permit 2004-806, to the regularly scheduled Planning Commission meeting of May 1 1, 2004. Prepared by: Wallace Nesbit, Associate Planner 201110V DATE: CASE NO.: APPLICANT: REQUEST: LOCATION: ENVIRONMENTAL CONSIDERATION: BACKGROUND Continuation PLANNING COMMISSION STAFF REPORT APRIL 27, 2004 STREET NAME CHANGE 2003- 015 LA QUINTA POLO PARTNERS CONSIDERATION OF A STREET NAME CHANGE FROM BETH CIRCLE TO NORRIS DRIVE WEST OF MADISON STREET, SOUTH OF AVENUE 51 THIS STREET NAME CHANGE HAS BEEN DETERMINED TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS UNDER THE PROVISIONS OF SECTION 15301, CLASS 1. THEREFORE, NO FURTHER ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. This item was continued from the March 9, 2004 meeting at the request of the applicants representative. Site Background The street in question is adjacent to the south boundary of Tract 30378, which was approved in June of 2002, and is being graded. Although the name Beth Circle has existed for a number of years, the street does not yet exist. This street will provide access to Tract 30378 as well as future access to the property to the south when it develops. Applicable Code Provisions The Municipal Code permits the applicant to request a street name change. The request requires a public hearing before the Planning Commission and final approval by the City Council. Required is the written concurrence of at least 60% of the p:\stan\snc 2003-015 pc rpt 2.doc affected property owners along the street in question. The applicant and property owner to the south have given written approval to the proposed name change. PUBLIC NOTICE The Planning Commission at their meeting of January 27, 2004 adopted Resolution 2004-002 setting this meeting date for consideration of this street name change. As required this Resolution, notification of the street name change was published in the Desert Sun on February 6, 2004 and posted. REQUEST The applicant had submitted a request to change the existing name of Beth Circle to Norris Drive. No specific reason for the name change has been given. DISCUSSION Presently there are no residences along the street in question. The applicant owns all of the property along the north side of the street; the south side is undeveloped and that owner has given his approval to this request. Therefore, there are no issues regarding this request. RECOMMENDATION Adopt Planning Commission Resolution 2004- , recommending to the City Council approval of Street Name Change 2003-015. Attachment: 1. Location Map for street name change Prepared by: Stan B. Sawa, Principal Planner p:\stan\snc 2003-015 pc rpt 2.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A STREET NAME CHANGE FROM BETH CIRCLE TO NORRIS DRIVE CASE NO.: STREET NAME CHANGE 2003-015 APPLICANT: LA QUINTA POLO PARTNERS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of April, 2004, consider a street name change as requested by La Quinta Polo Partners; and, WHEREAS, said street name change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that the Community Development Department has determined that the proposed street name change is categorically exempted pursuant to Section 15301(Class 1) of the guidelines and no further review is deemed necessary; 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 a recommendation for approval of Street Name Change 2003-015: 1. The change would not detrimentally affect owners and tenants along the affected street since all of the affected properties are owned by the applicant and the adjacent owner to the south who has given his approval to the change. 2. More than 60% of the affected property owners agreed to the street name change as required by Municipal Code Section 14.08.020. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . The above recitations are true and correct and constitute the findings of the Planning Commission in this case; 2. The Planning Commission does hereby recommend to the City Council approval of Street Name Change 2003-015 per the attached Exhibit A and attached Conditions of Approval; Planning Commission Resolution 2004- Street Name Change 2003-015 La Quinta Polo Partners Adopted: PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 271h day of April, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California P:\stan\snc 2003-015 pc res 2.doc EXHIBIT "A" i CASE MAP CASE No. SNC 2003-015 LA CQUINTA POLO PARTNERS ORTH SCALE: NTS PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED STREET NAME CHANGE 2003-015 LA QUINTA POLO PARTNERS ADOPTED: APRIL 27, 2004 GENERAL 1. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. All applicable conditions of Tentative Tract 30378 shall be met. 3. Prior to the installation of the street sign, the applicant shall obtain clearance from the following public agencies: • Fire Marshal • Public Works Department • Sheriffs Department • Building and Safety Department P:\stan\snc 2003-015 pc coa.doc PH #C PLANNING COMMISSION STAFF REPORT DATE: APRIL 27, 2004 CASE NO.: SITE DEVELOPMENT PERMIT 2004-803 APPLICANT: ND LA QUINTA PARTNERS, LLC ARCHITECT: SCHEURER ARCHITECTS INC. REQUEST: REVIEW OF PROTOTYPE ARCHITECTURAL AND LANDSCAPE PLANS FOR THREE RESIDENTIAL BUNGALOW UNIT PROTOTYPES ADJACENT TO HIDEAWAY CLUB DRIVE LOCATION: NORTH SIDE OF HIDEAWAY CLUB DRIVE WITHIN THE HIDEAWAY BACKGROUND: The project site is within The Hideaway (previously Country Club of the Desert) a golf oriented residential development approved in November, 2000 that allows 819 residential units on 988 acres. Previously, four detached single family prototype homes varying from 2,624 to 3,274 square feet in size were approved in February 2004 for Sedona Homes. These homes are currently under construction. The first golf course, temporary clubhouse, maintenance building and main guard gate house have been completed. Construction of the permanent clubhouse was started by the previous developers but not completed. PROJECT PROPOSAL: "The Bungalows" proposed by the developer will consist of 23 detached single family homes on individual lots. These homes will be located immediately north of the permanent club house site (Attachment 1). The applicant has submitted a letter describing the concept of the proposed units (Attachment 2). The units will be constructed in clusters of three, except for one cluster of two. Most of the units are oriented around a common courtyard that accesses the detached garages The style and materials of the units is Spanish and similar to the main guard gate on Jefferson Street and temporary club house to the south (Attachment 3). Roof heights vary with Plan 1 being a maximum two stories but having both one and two story elements. Plans 2 and 3 are one story but have high ceilings and windows in a portion of the residence and appear to be two stories in height. Architectural features PAstan\hideaway\sdp 2004-803 pc rpt.doc include mudded red/brown clay tile roofs, smooth finish stucco plaster walls, exposed wood rafter tails, decorative wrought iron window and railings, decorative ceramic tile around windows and doors, canvas window awnings, recessed windows and doors, and terra cotta pavers and wall caps. Colors will be earth tones in beige to brown colors. Only one facade is provided for each of the three prototype plans. The Zoning Code requires that each plan type have two facades (front elevations). Because of the small number of units (23) and clustering of three units (except for one cluster of two) around a courtyard the plans only provide one facade per plan. A condition of approval is recommended to provide two facades per plan. Three floor plans each containing four bedrooms (two master bedrooms) and four baths are proposed. A detached two car garage with a golf cart space is proposed for each unit, usually in a common parking area. The garages will be a maximum 13'-9" high and will have a sloped the roof with plaster walls and decorative windows and doors. The following is a description of the plans: PLAN 1 size - 3,078 square feet # of bedrooms - four baths - four garages- two cars plus golf cart building height - variable with maximum 23'-6" - one and two stories PLAN 2 size - 2,698 square feet # of bedrooms - four baths - four garages- two cars plus golf cart building height - variable with maximum 22'-6" - one story PLAN 3 size - 2,941 square feet # of bedrooms - four baths - four garages- two cars plus golf cart building height - variable with maximum 22'-6" - one story The applicant has indicated that these units will be constructed on fee simple lots. A Tentative Tract Map will be submitted in the near future for this. A conceptual type of landscaping plan has been submitted indicating the style of proposed project. Common area and court yard landscaping will be on a drip irrigation type system. Limited lawn and annual color will be used. An extensive plant palette has been submitted showing primarily native and water -efficient plants. PAstan`,hideaway\sdp 2004-803 pc rpt.doc ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE (ALRC); The ALRC reviewed this request at its meeting of April 7, 2004, and on a 2-0 vote adopted Minute Motion 2004-012 recommending approval of the request, as submitted (Attachment 4). FINDINGS - The Findings as required by Section 9.210.010 (Site Development Permits) of the Zoning Code can be made as noted below. 1. Compliance with Zoning Code- The project is consistent with the Design Guidelines of Section 9.60.330 (Residential Tract Development Review) of the Zoning Code, which includes varied roof heights and planes, and window and door surrounds for flat elevation planes. The requirement to provide a second facade is recommended in the conditions of approval. 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. 3. Compliance with CEQA- This request has been previously assessed in conjunction with Environmental Assessment 99-80 (for Specific Plan 99-035) which was certified by the City Council on November 21, 2000, 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 and bicycle access, pedestrian amenities, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city and laid out and provided in compliance with the Zoning Code requirements. 5. Landscape Design- New home project landscaping, which will be approved prior to issuance of building permits, will include but not be limited to the location, type, size, color, texture, and coverage of plant materials that will be designed to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency, ensuring efficient water use. p:\stan\hideaway\sdp 2004-803 pc rpt.doc 6. Compliance with General Plan- The project is in compliance with the General Plan in that the property to be developed is designated for residences as proposed. RECOMMENDATION: Adopt Resolution 2004- , approving Site Development Permit 2004-803, subject to the attached conditions. Attachments: 1. Location Map 2. Letter from applicant 3. Plan exhibits (for Planning Commission only) 4, Draft minutes for the Architecture and Landscaping Review Committee meeting of April 7, 2004 Prepared by: Stan B. Sawa, Principal Planner p:\stan\hideaway\sdp 2004-803 pc rpt.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR THREE PROTOTYPE SINGLE FAMILY BUNGALOW UNIT PLANS FOR CONSTRUCTION IN THE HIDEAWAY CASE NO.: SITE DEVELOPMENT PERMIT 2004-803 APPLICANT: ND LA QUINTA PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27T" day of April, 2004, hold a duly noticed Public Hearing to consider the request of ND La Quinta Partners, LLC, Inc. to approve development plans for three new prototype residential plans for construction in Tract 29894 in The Hideway, more particularly described as: Lot 141, Tract 29894-2 WHEREAS, said Site Development Permit has been determined to have been reviewed under an environmental impact report prepared and certified by the City Council under Resolution No. 99-080 for Specific Plan 99-035. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, the ALRC reviewed this request at its meeting of April 7, 2004, and on a 2-0 vote adopted Minute Motion 2004-012 recommending approval of the request, as submitted; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. 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 varied roof heights, and window and door surrounds for flat elevation planes, and multiple facades. 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. 3. Compliance with CEQA- This request has been previously assessed in conjunction with Environmental Assessment 99-80 (for Specific Plan 99-035) Planning Commission Resolution 2004- Site Development Permit 2004-803 — ND La Quinta Partners, LLC April 27, 2004 that was certified by the City Council on November 21, 2000, and therefore, no further environmental review is needed. 3. Site Design- The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, exterior lighting, and other site design elements are compatib8e with surrounding development and with the quality of design prevalent in the city and laid out and provided in compliance with the Zoning Code requirements. 4. Landscape Design- New home project landscaping, which will be approved prior to issuance of building permits, will include but not be limited to the location, type, size, color, texture, and coverage of plant materials that will be designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency, ensuring efficient water use. 5. Compliance with General Plan- The project is in compliance with the General Plan in that the property to be developed is designated for residences as proposed. 6. Unit Sizes- The proposed unit sizes are within the existing approved range of house sizes, and therefore, acceptable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 2004-803, for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 27T" day of April, 2004, by the following vote, to wit: p:\stan\hideaway\sdp 2004-803 pc res.doc Planning Commission Resolution 2004- Site Development Permit 2004-803 — ND La Quinta Partners, LLC April 27, 2004 AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, CHAIRMAN City of La Quinta, California ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California p:\stan\hideaway\sdp 2004-803 pc res.doc Planning Commission Resolution 2004- Conditions of Approval - Recommended Site Development Permit 2004-803 ND La Quinta Partners LLC April 27, 2004 1. This approval is for the following prototype plans: Plan 1 - 2,624 square feet Plan 2 - 2,819 square feet Plan 3 - 3,016 square feet Plan 4 - 3,274 square feet 2. Prior to issuance of building permits for any of the units authorized by this a a approval, final working drawings shall be approved by the Community Development Department. 3. Pursuant to Municipal Code Chapter 8.13 (Section 8.13.030 Db2), at least one model plan shall incorporate the principles of water efficient landscapes. 4. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the City), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 5. Detailed preliminary front yard landscaping plans shall be submitted for review and approval by the Community Development Department prior to issuance of any building permit for units authorized by this approval. Final plans shall be submitted to the Community Development Department for approval prior to issuance of any building permit for units authorized by this approval. Plans shall comply with City and CVWD water efficient landscaping requirements. 6. A/C compressor pads are permitted in sideyards subject to Zoning Code provisions. 7. Setbacks for all structures shall comply with Specific Plan or Zoning Code requirements, whichever is applicable. 8. Prior to submission of final construction plans to the building and Safety Department, all plan types shall be provided with a least one additional facade to comply with Zoning Code requirements. Revised plans to be approved by the Community Development Department. pAstan\the hideaway\sdp 2002-759 pc coa.wpd CASE No. AVE 52 lit w rr co Zol v �. � ,k Lu LL Lt Lu ��rrr''r• t�rrrrr� � s �o CASE MAP SDP 2004-803 ATTACHMENT 1 —; �iminampianOman, "..," •y' - VIA SAVONA CLUBHOUSE SITE ORTH SCALE: ND LA QUINTA PARTNERS LLC I NTS ATTACHMENT 2 THE BUNGALOWS Project Description ND La Quinta Partners, LLC is pleased to submit "The Bungalows" for consideration by the City of La Quinta. The Bungalows is envisioned as an exciting addition to complement the other housing choices within the development. Developed with a strong connection to the main club experience and amenities, the Bungalows will feature a desert lifestyle experience consistent with the branded product at other Discovery venues in the U.S. and Hawaii. Units will be spacious and open, featuring dual master suites and two secondary bedrooms. Finishes will be consistent with what our clientele has come to expect of a Hideaway offering with generous use of high -end fixtures, colorful tiles and heavy iron accents. Emphasis is being placed on a gracious outdoor living orientation with sweeping mountain vistas. Plan SX.: Unit Count Description 1 3,052 6 Two-story, 4 BR/4 BA 2 2,677 10 One-story, 4 BRABA 3 2,925 7 One-story, 4 BR/4BA 23 Each plan features 4 bedrooms, including two Master suites. Each bedroom features its own bathroom, in addition to a powder room. Two of the three plans are single story, while one has a second story guestroom element that is accessed by an outdoor stairway from a private courtyard. The homes will feature an orientation to outdoor living. This will be emphasized by great rooms with generous volumes that open to covered loggia areas and amenities. The objective is to create spaces that flow from inside to out and are positioned to appreciate views of the Santa Rosa and San Jacinto Mountains. Another feature of the Bungalows will be orientation of the units around a common courtyard. The courtyard is viewed as a transitional experience that brings the resident from the detached garages and driveways into a garden -like setting. The Bungalows will be offered as single family detached homes on fee simple lots. The lots will encompass the units and include common area that will have common use easements recorded over it. ND La Quinta Partners intends to submit the map for the property in the near future. ATTACHMENT 4 Architecture and Landscaping Review Committee April 7, 2004 a. Condition added: creative. Unanimously approved. Building to be redesigned to be more B. Site Development Permit 2003-803; a request of ND La Quinta Partners for consideration of prototype architectural and conceptual plans for three residential bungalow unit types. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Gamlin and Mark Shyer, who gave a presentation on the project. 2. Committee Member Thorns stated he has no objection. 3. Committee Member Bobbitt asked if they would be using wood for the doors and windows. It has a good look, but he is concerned about how it will hold up in the weather. Maintenance will be a consideration of the HOA. The plant material is fine except for the Queen Palms as it has been recently determined they are not doing well here in the desert over the long term. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-012 recommending approval of Site Development Permit 2003-803, as recommended by staff. Unanimously approved. C. Site Development Permit 2003-804; a request of James Paul for consideration of three commercial office buildings on 2.23 acres within Specific Plan 99-036, located on the north side of Corporate Centre Drive, east of Adams Street. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced James Paul and Antonio Santamaria. G:\WPDOCS\ALRC\4-7-04 WD.doc 3 PH #D STAFF REPORT PLANNING COMMISSION DATE: APRIL 27, 2004 CASE NO: TENTATIVE TRACT 30092 — EXTENSION #2 APPLICANT: COVENANT DEVELOPMENT, INC REQUEST: CONSIDERATION OF A ONE YEAR TIME EXTENSION TO FILE A FINAL MAP FOR THE SUBDIVISION OF ±37 ACRES INTO 97 SINGLE-FAMILY LOTS LOCATION: NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET (ATTACHMENT 1) C��hll:��]►�111i1�►��i_l� CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT, AS AN EXTENSION OF TIME FOR AN EXISTING APPROVED MAP, NONE OF THE CIRCUMSTANCES SET FORTH IN PUBLIC RESOURCES CODE 21166 HAVE BEEN SHOWN TO EXIST AND, ACCORDINGLY, NO FURTHER ENVIRONMENTAL REVIEW IS WARRANTED. GENERAL PLAN DESIGNATION: LDR (LOW DENSITY RESIDENTIAL — UP TO 4 UNITS PER ACRE) ZONING: RL (LOW DENSITY RESIDENTIAL) BACKGROUND: Site Background Tentative Tract 30092 was originally approved on July 3, 2001, incorporating 97 single-family lots within ±37 gross acres (Attachment 2). Subsequently, an amendment to the map was filed, requesting an increase in the number of lots to 130. This amendment was denied by the City Council on April 16, 2002; the original tract approval for 97 lots remains in effect. The first extension of time was approved on August 19, 2003, with an expiration date of July 3, 2004. PAReports - PC\PC 4-27-04\TT30092\Cov TT30092 SR.doc Project Background The applicant is requesting a one-year extension of time in which to record the final map(s) for this project. This would be the second extension request; under the State Subdivision Map Act (SMA), a total of three such one-year extensions are permitted. Covenant Development is in escrow on the property, and has held several discussions with staff relative to its development. The applicant has proposed no changes to the original map. The lot sizes range from approximately 11,500 to 14,000 square feet. The project will have private streets, designed with cul-de-sac streets emanating from a grid pattern. A private 1.25 acre recreation lot has been provided in the southeasterly portion of the map. Public Notice This case was advertised in the Desert Sun newspaper on April 17, 2004. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. No negative comments have been received. Any correspondence received prior to the meeting will be transmitted to the Planning Commission. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file in the Community Development Department, and have been incorporated into the attached Conditions of Approval, where necessary and appropriate. STATEMENT OF ISSUES Staff has reviewed the approved map design and conditions against the current General Plan provisions. The tract access has been relocated per Condition 56.A. This condition was revised during the first extension submittal, due to Avenue 58 being re -designated from a Primary Arterial to a Secondary Arterial. The condition has been revised accordingly. Staff has also made revisions pertaining to deceleration lane requirements (Condition 7.A.), landscape setback requirement on Avenue 58 (Condition 12), elimination of the multi -use trail and median island requirements on Avenue 58, and addition of more specific project gate design standards (Condition 47). With these revisions, the map is consistent with the 2002 La Quinta General Plan update, and current City policies and programs regulating residential developments. STATEMENT OF MANDATORY FINDINGS: Findings necessary to recommend approval of this extension can be found and are contained in the attached Resolution to be adopted for this case. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2004 - , recommending approval of a one-year time extension for Tentative Tract 30092, subject to conditions as recommended by staff. Prepared by: Wallace Nesbit, Associate Planner Attachments: 1 . Location Map 2. Approved TT 30092 PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 30092 TENTATIVE TRACT MAP 30092, EXTENSION #2 COVENANT DEVELOPMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 271h day of April, 2004, consider a request by Covenant Development, Inc., for a one-year time extension on Tentative Tract 30092, a subdivision of 37 gross acres into 97 single-family lots, located at the northwest corner of Avenue 58 and Monroe Street, more particularly described as: A PORTION OF THE SW A OF THE SW A OF SECTION 22, T6S, R7E — S.B.B.M. WHEREAS, the City Council of the City of La Quinta, California, did on the 3" day of July, 2001, adopt Resolution 2001-92, approving Tentative Tract 30092, subject to conditions; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 191h day of August, 2003, adopt Resolution 2003-79, approving an initial one- year time extension of Tentative Tract 30092, subject to conditions; and, WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2001-417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2002-91. As an extension of time for an existing approved map, none of the circumstances set forth in Public Resources Code 21166 have been shown to exist and, accordingly, no further environmental review is warranted; and, WHEREAS, at said Planning Commission Public Hearing, held this 27th day of April, 2004, 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 for approval of a one- year time extension for said Tentative Tract 30092; W C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\Cov TT30092 Reso FINAL.doc Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Covenant Development, LLC April 27, 2004 1. The approved Tentative Tract 30092 is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan Land Use designation of Low density Residential and other current City standards when considering the conditions to be imposed. Development and improvement of the lots will comply with applicable development policies regulating density, street sections, storm water retention, utility and service provisions, and access. 2. The approved Tentative Tract is consistent with the La Quinta Zoning Code, as the project contemplates land use that is substantially equivalent to that permitted under existing Low Density Residential zoning, and which were previously addressed in the MEA certified for the General Plan, and the project Environmental Assessment 2001-417. Specifically, development of existing RL-zoned land is considered to implement zoning consistency with the General Plan. 3. The design of the subdivision and type of improvements are not likely to cause environmental damage, serious public health problems, or substantially and unavoidably injure fish or wildlife, in that these issues were considered in Environmental Assessment 2001-417, in which no significant health or safety impacts were identified, with Implementation of mitigation measures as adopted. 4. The approved Tentative Tract 30092 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), in that a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001- 417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2001-91. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend approval of a one-year time extension for Tentative Tract 30092, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\Cov TT30092 Reso FINAL.doc I` ) Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Covenant Development, LLC April 27, 2004 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 27t" day of April, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California 1 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\Cov TT30092 Reso FINAL.doc PLANNING COMMISSION RESOLUTION 2004- EXHIBIT „A„ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 30092, EXTENSION #2 COVENANT DEVELOPMENT, INC APRIL 27, 2004 GENERAL 1. Tentative Tract Map No. 30092 shall comply with the requirements and standards of § §66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 2. This Map extension approval shall expire and become null and void on July 3, 2005 unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of TT 30092 and certification of EA No. 2001-417. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following agencies and departments: • 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 (Letters dated 2-26-01 and 3-30-01) • Imperial Irrigation District (Letter dated 4-18-01) • California Regional Water Quality Control Board (NPDES Permit) • Verizon • Time Warner Cable • Southern California Gas Company (Letter dated 3-22-01) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 30092, EXTENSION #2 COVENANT DEVELOPMENT, INC APRIL 27, 2004 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing five or more acres, or smaller projects which are part of a larger project disturbing five or more acres require a project -specific NPDES permit.The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for 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. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Right of way dedications required of this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial) - 44-foot half of 88-foot right of way except for an additional variable right of way dedication at the proposed primary entry measured 56 feet north of the centerline of Avenue 58 and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Monroe Street (Primary Arterial, Option A) - 55-foot half of 1 10- foot right of way. B. PRIVATE STREETS PAReports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 2 Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 1) Main Entry: As required for final configuration of the private gated entry as approved by the City Engineer. 2) Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. C. CULS DE SAC - Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger. 8. Right of way geometry for knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 1 1 . The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W - P/L. B. Monroe Street (Primary Arterial) - 20-foot from the R/W - P/L. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. The meandering wall design shall be approved by the Community Development Director and the City Engineer when perimeter wall improvement plans are submitted for approval. Where public facilities (e.g., sidewalks, multi -use trails) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. �' 1 P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 3 Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAPS) 18. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. " 1 P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 4 _, Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. Landscaping plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 20. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 21. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. GRADING 22. Prior to issuance of a grading permit, the applicant shall furnish written acknowledgment from CWQCB of receipt of applicants Notice of Intent (NOI). 23. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 5 Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 A statement shall appear on final development) that a soils report has 17953 of the Health and Safety Code. maps (if any are required of this been prepared pursuant to Section 24. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240.F, except where otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscaped setback area, except for the backslope (i.e. the slope at the back of the landscape lot), which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) feet, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one -and -one-half inches (1.5") within the first eighteen inches (18") behind the curb. 25. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 26. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 28. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual PAReports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 6 Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. IMPROVEMENT AGREEMENT 29. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 30. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 31. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 32. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and 1 P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 7 Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 33. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. DRAINAGE 34. Applicant shall prepare a Storm Water Pollution Prevention Plan as required by the State NPDES General Construction Permit. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 36. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 37. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 8 Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 40. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be five feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 42. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 43. The tract shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 44. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all aboveground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 45. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground, unless otherwise allowed by General Plan Amendment 2000-073. Power lines exceeding 34.5 Kv are exempt from this requirement. 46. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 47. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect- at the time of construction.) P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc 9 Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial; 88 foot R/W) - Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side, as specified in the General Plan and these conditions. The north curb face shall be located thirty-two feet (32') north of the centerline, except at locations where additional street width is needed to accommodate the following: a. Bus turnouts (if required by Sunline Transit). Other required improvements in the Avenue 58 right of way and/or adjacent landscape setback area include: b. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. C. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the perimeter wall, at intervals not to exceed 250 feet. 2) Monroe Street (Primary Arterial Option A; 110' R/W) - Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side, as specified in the General Plan and these conditions. The west curb face shall be located forty-three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate the following: a. Bus turnouts (if required by Sunline Transit) 10 P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 Other required improvements in the Monroe Street right of way and/or adjacent landscape setback area include: b. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. C. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the perimeter wall, at intervals not to exceed 250 feet. d. Half width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map, unless otherwise determined by the City Engineer. 3) Developer shall enter into a secured agreement for the deferred installation of a traffic signal at the main entrance off Avenue 58 at such time that signal warrants are met. Developer shall pay its fair share based on an "after the fact" traffic study. Developer may assign secured agreement to the HOA. Signalized intersection costs to be divided based on percentages of use to the participating developments. B. PRIVATE STREETS Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. C. CULS DE SAC P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non - accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 49. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 50. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 51. Knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 52. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior 12 1 PAReports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 to final inspection of permanent building(s) on the lot. 53. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 54. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. The applicant shall sample native soils along the approximate alignment of the sidewalk subgrade for all frontages of the Avenue 58 and Monroe Street Tentative Tract boundaries for soluble sulfate ion concentrate. The concrete mix design shall conform to the requirements of Table 19 A-4 of the Uniform Building Code (UBC). Sampling shall be one per 1,000 linear feet of sidewalk, or as determined by the City Engineer. 55. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 56. General access points and turning movements of traffic are limited to the following: A. Avenue 58 (Secondary Arterial) - No turning restriction. B. Emergency Access on Monroe Street - No public access allowed; left turns are restricted. 13 P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc ' Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 LANDSCAPING 57. Landscape and irrigation plans for landscaped lots, landscape setback areas and medians shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until they have been approved and signed by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. 58. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 59. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 61. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. PUBLIC SERVICES 62. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 63. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 14 P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 64. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 65. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 66. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 67. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks (except for multi -use trails). The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 68. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 69. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 70. The developer shall pay school mitigation fees to the Coachella Valley Unified School District based on their requirements. Fees shall be paid prior to building permit issuance by the City. 71. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 15 PAReports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc � L Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 FIRE DEPARTMENT 72. Approved standard fire hydrants, located at each street intersection and spaced not more than 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. 73. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 74. Gates entrances shall be at least two feet wider than the width of the travel lanes. Any gate providing access from a road to a driveway shall be located at least 35' setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where one way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 75. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 76. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 77. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 78. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 79. The Covenants, Conditions and Restrictions for the Tract shall be approved by the City Attorney prior to approval of the final map by the City Council. 80. Privacy walls fronting onto Avenue 58 and Monroe Street shall either meander (i.e.,minimum 5'-0" undulation) or include minimum three foot offsets every second lot. Perimeter tract improvements (conceptual plans) shall be approved by the Planning Commission, including landscaping and 16 P:\Reports - PC\PC 4-27-04\TT30092\Cov TT30092 COA.doc Planning Commission Resolution 2004- Tentative Tract 30092, Extension #2 Conditions of Approval - Recommended April 27, 2004 decorative screen walls. 81. Bureau of Reclamation easements that traverse the project site shall be disclosed on the final map. 82. No permanent improvements may be constructed within the 50-foot easement area of the Avenue 58 agricultural drain or the 10-foot easement area of lateral 123.45-0.75 without the written consent of the Coachella Valley Water District. 83. Revise the Tract Map exhibit map to reflect the Geotechnical Investigation Report regarding liquefaction. 17 PAReports - PC\PC 4-27-04\TT30092\Cov TT30092 COAAOC STAR H VHW Y 111 PROJECT SITE INDIO I "i �I VICINITY MAP (NO SME) ATTACHMENT 1 N COACHELLA CASE MAP � NORTH casENo. TENTATIVE TRACT 30092 EXTENSION #2 SCALE:N�AN� COVENANT DEVELOPMENT 0'600f' cfVn 3AIlVIN31 ATTACHMENT 2 m k k m ni 9 s5�r `t x Ci CC I- Yp r � �ak4 I .. 6As�t INN L� �g # EW h qq 2 Z 6 nj �t CW5 S 8 £ al a �% �,5 ,Ir, Sa as o y� &FG5 al." wio �I o t?R >�b� �7aa• & gk'� $�e":m! �Ik Ql use "SZ �, : e e � r O $rr 'per U I IJ 411. _ o �3 4w �B - � t B 1 #A PLANNING COMMISSION STAFF REPORT DATE: April 27, 2004 CASE NO: PUBLIC NUISANCE CASE NUMBER 9693 APPELLANT: ROBERT AND BARBARA VALDIVIA REQUEST: APPEAL OF PUBLIC NUISANCE DETERMINATION LOCATION: 54-360 AVENIDA JUAREZ BACKGROUND: This item was originally on the Commission agenda for October 28, 2003 and continued to November 25th, to allow ample time for the appellant to be notified of the meeting. Since then, the Planning Commission has continued this matter at the request of the City's Prosecutor and appellant's counsel in order to allow both parties an opportunity to resolve certain issues. The Building and Safety Department reviewed and issued a building permit for certain improvements to the property, but these permits have not addressed the items listed in the Notice of Public Nuisance dated September 30, 2003. On August 13, 2003 an inspection warrant was served and executed at 54-360 Avenida Juarez ("Property"). During the inspection, it was found that there were several additions made to the original building that required a building permit prior to construction. A Public Nuisance was subsequently declared to exist at the above -noted address. This determination was based on the existence of the following items that were constructed on the Property without a building permit, in violation of La Quinta Municipal Code Section 8.01.060 (Attachment 1); (1) the garage was converted into an office, restroom, laundry room and storage room; (2) patio covers on the north and east side of the residence; (3) room addition on the southwest corner; (4) framing of a non -permitted patio structure for conversion to a room; (5) several block walls; (6) electrical lighting above the garage door on the exterior of the property; and (7) an air conditioning unit (collectively, "Additions"). A criminal citation was issued for items 11 and 12 on the Notice of Public Nuisance (Attachment 2) in the Indio Court. This matter has been addressed; therefore, the Planning Commission should take no action on them. The house at 54-360 Avenida Juarez was constructed in 1978 and built to the standards of the 1976 Uniform Building Code. The 1976 Uniform Building Code Section 301(a) requires building permits be obtained for room additions, including those described above (Attachment 3). Any construction after that date would have required the homeowner to obtain a building permit from Riverside County. Riverside County ("County") was responsible for the inspections and records pertaining to the Property at the time the residence ("Residence") was constructed on the Property in 1978. The County has indicated that the only building permit ("Permit") it has on file for the Property is for the original construction of the Residence. (See Attachment 4.) This Permit reflects the County's approval for construction of the original dwelling with an attached garage, and not for any of the Additions listed above which are the subject of this appeal. The City's files similarly do not contain any improvement permits on this Property. GRANDFATHER CLAUSE: A "Grandfather Clause" permits a use or condition of property to lawfully continue after a law or ordinance is enacted making that use or condition unlawful. For a Grandfather Clause to apply, two things must be true: (1) the unlawful use or condition must have lawfully existed prior to the passage of the prohibitory law or ordinance; and (2) there must exist explicit legal authority specifically providing for the continued use or condition. Here, the appellant contends that the above -noted Additions were "Grandfathered" since they occurred prior to the City's incorporation (Attachment 5). However, appellant has not identified the applicable "Grandfather Clause" he is attempting to apply in any law, ordinance, or other legal authority. Perhaps more importantly, appellant neither has, nor can, provide any evidence reflecting that the Additions were ever lawfully constructed, thus rendering any attempted application of a Grandfather Clause a futile exercise. Clearly the requirement for obtaining a building permit was in place at the time the Additions were made. The City, upon incorporation, is required to take over the responsibility of maintaining the housing stock to the building codes that were in place at the time of construction, and to regulate new construction. The Building Code provides for the safety of the persons who occupy the dwelling, and ensures that minimum safety standards are observed in the construction process. These safety standards reduce the potential for electrocution, fire, collapse of the structure, etc. PAOscarWaldivia\Valdivia appea 4-21.doc La Quinta Municipal Code Section 11.72.030 M (Attachment 6) declares any violation of the uniform codes adopted by the City, including the Building Code, to be a Public Nuisance. Failure to uphold this Public Nuisance places the occupants of the Property, everyone who visits them, and everyone who lives near them at potential risk of injury or loss of life. RECOMMENDATION: Adopt Minute Motion 2004- upholding the Notice of Public Nuisance as issued. Attachments: 1. La Quinta Municipal Code Section 8.01.060 2. Notice of Public Nuisance 3. Copy of the 1976 Uniform Building Code Section 301(a) 4. Copy of original building permit and Declaration from County Custodian of Records 5. Appeal letter 6. La Quinta Municipal Code Section 1 1.72.030 M PAOscarWaldivia\Valdivia appea 4-21.doc i.uou rerimLs reyuireu. ATTACHMENT 1 Title 8 BUILDINGS AND CONSTRUCTION Chapter 8.01 ADMINISTRATIVE CODE 8.01.060 Permits required. Section 301.1 of the Uniform Administrative Code, 1994 Edition, shall be revised to read as follows: Permits Required. it shall be unlawful for any person, firm or corporation to erect, construct, enlarge, after, repair, move, improve, remove, convert or demolish any building or structure, including a swimming pool, spa or hot tub, or make any installation, alteration, repair, replacement, or remodel any building service equipment, including swimming pool, spa and hot tub equipment, regulated by this Title, except as specified in Section 301.2.1, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official. (Ord. 276 § 2 (Exh. A) (part), 1995; Ord. 208 § 2 (part), 1992; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985) ttp :// 194.169.1.2/cityclerk/citycode/_DATA/TITLE08/Chapter_8_01_ADMINIS... 10/23/ ��'""c 4 �QK�N�� ACHMEN" P.O. Box 1504 78-4.95 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 (760) 7 7 7 - 7 0 0 FAX (760) 777-710 NOTICE OF PUBLIC NUISANCE September 30, 2003 Robert & Barbara Valdivia 54-360 Avenida Juarez La Quinta, California, 92253 Dear Owner(s): RE: Case # 9693 Parcel #774-233-005 & 774-233-017 Officer: Anthony Moreno THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. The purpose of this letter is to notify you that the Notice and Order served on September 12, 2003 via posting, certified mail and regular mail has been rescinded to provide an adequate appeal process. CASE NUMBER: 9693 —September 30, 2003 Page 2 of 5 This Notice of Public Nuisance is also being served via posting, certified mail and regular mail to advise you of the following. A recent inspection of your property revealed conditions in violation of the La Quinta Municipal Code. You are required to correct these violations within TWENTY- ONE (21) DAYS from the date of this notice. Your property will be re -inspected to verify compliance after the twenty-one (21) day time frame has lapsed. SEE ATTACHED INSPECTION REPORT FOR VIOLATION(S) AND CORRECTIVE ACTION REQUIRED. Failure to correct the listed violation(s) within the time frame indicated may result in the City initiating abatement proceedings, criminal prosecution and/or the City placing the aforementioned property into receivership to correct the violation(s). If the City is forced to proceed with the abatement proceedings, the owner(s) of record may incur the direct costs of the abatement. Also, any additional costs assessed due to possible judicial process. in addition to the above referenced costs, all contractor abatement costs plus an additional 25% will be charged to the property owner(s) as a lien upon the property and shall become the personal obligation of the owner(s) of record. You are entitled to appeal the determination that a public nuisance exists to the Planning Commission. Within ten (10) days from the date of personal service, posting or mailing of the Notice of Public Nuisance, the appeal shall be in writing and filed with the city cleric. By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you have any questions, please contact Anthony Moreno at (760) 777-7034. Please provide the case number (#9693) and the property address. Your assistance in supporting the Code Compliance Department to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require assistance. Sincerely, dazAq%� . Anthony Moren Code Compliance Officer CC: Law Offices of Peter R. Cabrera Meritage Mortgage Company 82-632 B Highway 111, Suite Re: Loan # 1000084122 Indio, CA 92201 9710 Two Notch Road Columbia, South Carolina, 29223 NOTICE OF CODE VIOLATIONS CASE NUMBER: 9693 Page 3 of 5 PUBLIC NUISANCES 1. Code Violation: The garage located on the Subject Property was illegally converted into an office, restroom, laundry room, and storage facility, in violation of La Quinta Municipal Code ("LQMC") 8.01.060 and 11.72.030(M); Correction: Restore the illegal garage conversion to its original condition and its primary designated use (garage), including removal of the block wall that denies vehicular access to that garage. 2. Code Violation: There are illegal patio covers installed on the north and east side of the residence, in the absence of plans, permits, or required inspections, in violation of LQMC 8.01.060 and 11.72.030(M); Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work to remedy the illegal patio covers on the east and north side of the residence on the Subject Property, or in the alternative, remove those structures in their entirety. 3. Code Violation: An illegal room addition on the southeast corner of the dwelling on the Subject Property exists and was constructed without a valid building permit, in violation of LQMC 8.01.060 and 11.72.030(M); Correction: Submit plans, obtain a permit and the required inspections, and complete any necessary work on the Subject Property, to ensure that the illegal room addition at the southeast corner of the residence meets the minimum building code standards, or remove the illegal room addition. 4, Code Violation: An illegal patio cover in the rear yard is being framed for conversion into an illegal room addition, without having a valid building permit, in violation of LQMC 8.01.060 and California Health and Safety Code ("H &S") 17920.3(i); 0 • NOTICE OF CODE VIOLATIONS CASE NUMBER: 9693 Page 4 of 5 Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work to remedy the illegal enclosure of the illegal patio cover, or in the alternative, remove the structure in its entirety. 5. Code Violation: Block walls were illegally constructed on the Subject Property, in violation of LQMC 8.01.060 and 11.72.030(M); H&S 17920.3(i); Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work on all block walls constructed on the Subject Property to remedy the existing defects. 6. Code Violation: The premanufactured storage shed located on the Subject Property violates the 3.6 foot side yard setback, in violation of LQMC 9.60.050(D) and 11.723.030(M); Correction: Relocate the premanufactured storage shed to provide a minimum of a 3.5 foot side yard setback from the block wall. 7. Code Violation: A block and wood framed storage shed constructed on the Subject Property violates the 3.5 foot minimum side yard and rear yard setback, in violation of LQMC 9.60.050(D); Correction: Relocate the storage shed constructed of block and wcod to provide a minimum of 3.5 foot side yard and rear yard setback from the block wall. 8. Code Violation: Electrical wiring and exterior lighting was unlawfully installed above the garage door on the exterior of the house, in violation of LQMC 8.01.060 and 11.72.030(M); California Uniform Housing Code ("UHC") 701.2 and 1005.6; H&S 17920(d); Correction: Submit plans, obtain a permit and the required inspections, and complete any necessary work to legalize the illegally installed electrical wiring above the garage door on the exterior of the house or remove same. 0 A NOTICE OF CODE VIOLATIONS CASE NUMBER: 9693 Page 5 of 5 9. Code Violation: A mechanical air conditioning unit was installed on the Subject Property without a valid permit, in violation of UHC 701.2, H&S 17920(f); Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work to legalize the mechanical air condition unit unlawfully installed on the subject Property. 10. Code Violation: Holiday lights are displayed in the front patio beyond seven days after the holiday, in violation of LQMC 9.160.020 and 11.72.030(M); Correction: Remove the temporary decorations and holiday lights from being displayed beyond seven days after the holiday. 11. Code Violation: Parking or storing construction equipment, machinery or building materials in a residential zone except during excavation, construction or demolition operations conducted pursuant to a building or grading permit, in violation of LQMC 11.72.030 (E); Correction: Remove all parked or stored construction equipment, machinery or building materials on the Subject Property, except during excavation, construction, or demolition operations conducted pursuant to a valid building or grading permit 12. Code Violation: The establishment and operation of a Home Occupation without a valid ("Permit") and compliance with all conditions attached to that permit at all times, or in the alternative, the cessation of operating a business on the Subject Property, in violation of LQMC 9.60.110 and 11.72.030 (M). Correction: Obtain a valid Home Occupation Permit ("Permit') and comply with all conditions attached to that Permit at all times, or in the alternative, cease operating a business on the Subject Property. ATTACHMENT #3 1976 EDITION Chapter 3 PERMITS AND INSPECTIONS 301 Application for Permits Sec. 301. (a) Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official. (b) Application. To obtain a permit the applicant shall first file an ap- plication therefor in writing on a form furnished for that purpose. Every such application shall: l . Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Be accompanied by plans and specifications as required in subsection (c) of this Section; 5. State the valuation of the proposed work; 6. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority. 7. Give such other information as reasonably may be required by the Building Official. (c) Plans and Specifications. With each application for a building per- mit, and when required by the Building Official for enforcement of any provisions of this Code, two sets of plans and specifications shall be sub- mitted. The Building Official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. EXCEPTION: When authorized by the Building Official plans and specifications need not be submitted for the following: 1. One-story buildings of Type V conventional woodstud construction with an area not exceeding 600square feet. 2. Group M, Division I Occupancies of Type V conventional woodstud construction. 3. Small and unimportant work. (d) Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of suf- ficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules, and regulations. The first sheet of each 29 ATTACHMENT HEADOIJAVERS DEPARTMENT OF BUILDING & SAFETY COUNTY OF RIVERSIDE SfRUCT7 S K)N IMATE NO. ELECTRICAL �FE�ENO. PLUMBING FEES UNITS 7. s YARD $PKtQ SYSTEM So FT. a - BAR SINKMOBILEMOM SGI� IFT* ff� POWER OUTLETE Svc ROOFC�RAINS DRAIN 50. FT 50. FT. 6 I DRINKING FOWANN SO. Ft. WAU URINAL $a fl. ll;I NG jMWAyin r^p WM IMON VAILUATON SWIM POOL PVT 1 FLOOR DRAIN wood ab PnPP" tm vdIv~ Swim Pm. COMM MECHANICAL FEES I.WA.SHfR IAUTO-r*P" FAN k SGN EVAP. COOL GAIBISE 1c pe7s&l DRY TIA` 13 tm 0 WALL FLOOR SUSPENDED KILC CFM IDLE MEYER Z.IWAYFRCIOSFT A113MMIMSYSM0 ZJ U. TEMP USE PERMIT WC mp POLE, TEMP/PERM I LAVATORY— mAwa$yvwA!%j �Fm7ww (GRAVITY A AMPERES SERY ENT —4� BATH I US SO FT ILT.U. SO. FT 6t c WATER HEATER T i ;,&VVAGE DISP(ISA, 50 Fl GAP OL Vc �40u"E !EWER I GAS P4PING PELWT E-f PERMIT FEF ti u af -5'N— roe L c. F 7c Si i -1 Aa-- 4 b c- S9 7 7 C'm Me he VL Q. T sw ple T ON s $ 00010L P" 1-c 0� A"- ^a 13 ic Q 0-*-JW I C fFM 784 1? - Ps . v DEtARTMENT Of WILDING, SAFETY �` • • ' , . ;;• .. ;';•'. ' 'Y <•~.� : COUNTY OF RIVIWIDE • .. .ram,.. f -' UGTION ESTIMAT ". r :. - ' NO. ELECTRICAL FEES NO. PLUMBING FEES ` UNITS YARDsPKIRsYSTEM MOBILMME Svc. BAR SINK POWER OUTLET ROOF DRAIM •.=.;y:•a DRAINAGE PPING DRINKING FOUNTAIN URINAL r. WATER PPING 11 VALUATION = i &p4"m!Ytmivckmticn SWIM POOL. PVT FLOOR DRAIN -- 'QS •" CV'IJA CAL FEES swim Pool. coMM WATER :OFTENER .. EVAP.ODOL ,,�. SIGN ;:::WAS HERCAUTOIIW I L•; ,, GARBAGE DISPOSAL r mf'r-,GwwA1.l []FLOOR ❑ susmoEfl LAUNDRY TRAY ;? CFM IDLE METER K �•; B.T.U. TEMP USE PERMIT SVC ETHP POLE. TEMP/PERM D (a GRAVITY ► QQ AMPERESSERV ENT �,.�SO UWAI FTTER . FT RESID b I'tit 0POSAL . FT GAR !1 Wt HOLAESEWER .. �•�, 7:. GAS PIPING PERMIT FE! 0„� PERMIT FEE MIGNO FEQ PLCIC FEE CONST EE 4LECT F SMIFEE FEE -PLUMPoz ....... . �Ipp Fw.nS Job AdaA Stw • Zo - 4 fi e J(x N A) F fZ Zs O, ,diJc�"�/i /fie %�S5«C • ' •^.sitla 1M M r*~ �1 t1 / Pw,•" Na U1r Q ?•r c7G''S� s / ltJ% . Zj /� T7- L`r/4r /1 f� </Y>/ O'J 00 I-ed '. o S i L1;3 tAF t ./ S : Lkl V --- 1- I— — r _� Ee+dAr... I •� � 'wtit:�e~� • oaF s 1p, Old /�P.L � L, ' l �; r �r.,; •,le. t .� •., ...... " , m w . n... Ir.eru r n3wd I =ryR ►M•dn S•n.Kn "�:.... ,. ,... .� .� 1,•, ..... ^. ro'h YwvMmw, t 7VY�Li�7 �. i TE f iyJ::' Aad,.. Cur by i gyr t3,yg ' i •f tl1 y� t . .. pwWlApm t•i •Zm AddrM Cur 2,p l C-% .1 •:>.; • Jlddrop •� , 1g, WaAwi iUnO .Jt,�N l .. • _ MTON DATtt INSPECTOR NO. OPQMTION DAT= ms9 MECHANICAL APPROVALS 13UILDING APPROVALS 33 vemilW!on Sr+sern 34 plenums b Out'\ 1Y� 35 iv*rime Cemno-r. 36 !r!ers L O:rtien 37 —mbu;tic, Air — 38 ro•npressor ---- 'L — 39 ApP!. C!Paronce 40 Fire Dompc—r y�� 41 Snoke DP'e '•. nn•: ce - -1r.L . 42 Corhmer:•j!!aoc*4 43 Rno1 - --- Q oPN , UDITIONALINFORMATION No. ram: .. N-IP•� ' LF .:� . ,�p18WIRn1 M PLUMBING APPROVALS ftab hit : -..Wow 46 L/ -WoolA, Serb — — ---- /�. a 7' !/ CAT10N ELECTRICAL APPROVALS --_----` i J L�147vwww lick '��= —2 Sip! 4T NAh+f v. rY „,.; .'�ttar� _r• DEPARTMENT OF BUILDING AND SAFETY •COUh& OF' RIVERSIDE NOTICE TO APPLICANT fd]Cmity"Vith the provisions of State of California Labor Code Section nd•ipplicint shall have on file or file with the Riverside County 'merit of 'Building and Safety a certificate as designated in Items I or tom' �ov.i or -shall indicate Item III, IV or V, whichever is applicable. •� CERTIFICATE OF APPLICANT `.• `ease mark the appropriate block: r."• •� I. Certificate of Consent to self -insure issued by the Director of Industrial Relations. :... 0 Copy on file Copy submitted f II. Certificate of Workers' Compensation Insurance issued by an admitted insurer. Copy nn file Copy submitted III. The cost of the work to be performed is $100 or less. IV. I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become s'ibject to the WorkerG' Compensation laws of California. I further certify that, in the event I become subject to the Workers' Compensation provisions of the Labor Code that I will comply forthwith with the provisions of Labor Code Section 3700, et seq., `= and understand that, if I do not comply, the permit shall r'w be deemed revoked. V. I certify ar the owner (or the agent ^f the owner) that in the performance of the work for which this permit is issued I have engaged contractor. (Contractor must have on file, or submit certificate required by I or II above.) ° �,• Applicant's S at e Date ” �9 y 7 Permit No. 6 .17 Address and location where work is to be performed _ ram, M� Rev. 6/77 •ai •�J •9.....n--nr,,.....Ms....w.....s.,. _.� - .ra.11.......r.�_�? :_. �__�..,�, .irk �NOTlCEI .7HIS wit HOT A BIJILDING'PERMIT DISTRICT APPLICATION TO CONSTCUCT Permit No DEPARTMENT OF EUILDING AND SAFE1 Y COUNTY OF RIVERSIDE a Architect _at Ca+tractor_ City..._t+P ..__._...._ City_e�,iAd!•it-Oe--�e%y:1i�?'ty�" tl �s r T f Phone—_34f,-D C! ,ii- — Phone . . '(ttttlttte indentgned, Mrebv cerbty and acknowledge that II(we) have read the application and agree that it Curt, end C dtati.and >+•t�s .iar� .and/n or DediCatioof right of way is required by the Courffy of Riverside, the Riverside County Dmartrnont of 8u,idrng' aryl Safety '- « 'fjlat' Finkf have 1 that work n to be drAw within the CCunty*RJW �; "ot fMAe70 Inspection until said tcou,rements been met. am also, awate rn. dA ;4tifipuf'an entroxhmem ;permit. i _ . '• •`�1OVIt,' therefore, it is agreed that 1 Iwo) will not ocCuPY sans otoperty and will net cause said property to be occupied until 1 (we) have Ctrttp Wd•w-th all laws of the Lounty of Riverside and the State of California oove•mrq sa4do,SIGWATURE OF OWNER AND!ORApproval by Signature from the FollowingD.partmeUsted Belovr 1}Most Be Obtained Prior to the Issuing of a Construction Permit, :,>.., ...., k - 92253 1 SPACE NO. w e••." Sin I USE OF ST12UCTURE 30 FSS:, SINGLE FAMILY �a✓DUPL.EX 6i.:... � e� __. LE It. ___ DESCRIPTION OF PROPERTY J*L_�014ccJC...Z6Z�—_ � J�f.., •_.r. APARTMENTS ;-t AGRIC. COMMERCIAL l ., INDUSTRIAL .� .• Ulii'i'fyas .WOMITTED PLANS -_..____ USE OF PERMIT--_DVft11iag-a-AGL..-.9rj,11 ALTERATIONS ',r.sFID, tiP PARKING3PACES REQUIRED NO. OF BUILDINGS NOW EXISTING P •2OltE' +'-"_ SETBACKS: FRONT 20+.1 Sr�st REAR _ 21.1__- �,.L---- �'`iF, ei1'rr.0RADINO PERMIT REQUIRED? YES ;'- NO LOT Si2E __-_50jaW ; ,StT6ACKORDINANCEa _ __.._-_. OF- FEET RECUiREDCN STREET -,a.--•�..,.. OATE;.....,..._�=_��J_ SIGNATURE OF LAND USE OF. ICIAL .a -Pf01CATlON REQUIRED: YES [ NO lr NO OF FEET ' . CURB AND GUTTER REQUIRED. YES C NO C.�_ST}per ET CURB AND GUTTER FEASIBLY BE INSTALLED' YES ;_ NO HAS BEEN MADE FOK ENCROACHMENT PERMIT FOR DRIVEWAY AND STREET a AN ACCEPTABLE APPIJEATIUN 1MP.ROVEMEN Y NO El _ ROAD SIGNATURE OF DEPT. OFFICIA,L,`. I .{-j- 0L.SPUBLIC ~ "40AOE DISPOSAL .�71MK l -19 A" it T- ti •lit*-,.. 'PoYt 3 ._ - --1 - '-___ ' / : w T POLLUTION ----_.__.- ._._.__—._--._ REMARKS FLOOD CONTROL POLLUTION AIR i DIV OF MNY YOUR PROPERTY MAY BE SUBJECT TO ''.�^r ---- -- — — -- FLOOD. RIVERSIDE COUNTY ASSUMES :� i�; -- -- ---- - - ----' NO RESPONSIBILITY IN EVENT OF FLOOD. Lv CANARY- TiLE. PINK. -APPLICANT ATTACHMENT 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 01 28 BEFORE OF THE CITY OF LA QUINTA APPEAL OF ROBERT JOSEPH VALDIVIA; BARBARA VALDIVIA Case No. 9693 DECLARATION OF CUSTODIAN OF RECORDS OF THE COUNTY OF RIVERSIDE DECLARATION OF CUSTODIAN OF RECORDS I, the undersigned, am authorized as the Custodian of Records in the Department of Building and Safety ("Custodian of Record") for the County of Riverside, and I hereby certify and declare as follows: 1. I am an employee of the County of Riverside and have personal knowledge of the procedures and practices for preparing the records attached hereto. As the Custodian of Records, I have the authorization to certify records on behalf of the County of Riverside ("County"). I have personal knowledge of the facts set forth in this declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. The County records that are concurrently submitted with this Declaration are truc and correct copies of those records. As custodian, I can testify to the records' identity and methoc of preparation. Such records were prepared by and/or at the direction of employees of the Count of Riverside within their scope of duty, concerning or relating to the facts and incidents describec in the records. The source of the information and method for preparation were such as to indicate DECLARATION OF THE RIVERSIDE COUNTY CUSTU1J1AN Ur RECORDS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 their trustworthiness. 3. Submitted with this Declaration as Exhibit "A" is a certified, true and correct copy of Building Permit No. 316946 ("Permit"), the only building permit contained within the County's file pertaining to the property located at 54-360 Avenida Juarez, La Quinta, California ("Subject Property"). 4. Submitted with this Declaration as Exhibit `B" is a certified, true and correct copy of the "Application to Construct" pertaining to the Subject Property. 5. A diligent and thorough search of the County's files has been carried out under my direction. This search has revealed that no further documents, permits, records, or other materials pertaining to the Subject Property, other than those referenced in Exhibits "A" and "B," exist in the County's files. I hereby declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the &?0 day of October, 2003, at R) ►evs �� , California. 1�,4,4 Lyn Tontz Custodian of Records, County of Riverside -2- DECLARATION OF THE RIVERSIDE COUNTY CUSTODIAN OF RECORDS 4.VJV 11-UU111. rIui,C1iiLC, UMIQrCU. ATTACHMENT Title 11 PEACE, MORALS AND SAFETY Chapter 11.72 PUBLIC NUISANCES* 11.72.030 Public nuisances declared. The following are declared public nuisances: A. Buildings or structures which are abandoned, partially destroyed or in a state of partial construction; B. Buildings or structures that have dry rot or warped materials, are infested with termites, or the paint is cracked, peeled or blistered, rendering the building unsightly; C. Exterior walls, fences, driveways or sidewalks in a condition of deterioration or disrepair which are defective or unsightly; D. Broken windows, damaged doors or gates which constitute a health or safety hazard or which act as an invitation to trespassers, vagrants, wild or domestic animals or minor children; E. Parking or storing construction equipment, machinery or building materials in a residential zone except during excavation, construction or demolition operations conducted pursuant to a building or grading permit; F. Land graded without a grading permit which causes or may cause eroding, subsidence or surface water drainage problems and is injurious or potentially injurious to adjacent properties and the public health, safety and welfare; G. Any excavation, pit, well or hole maintained in a manner that is dangerous to life or limb; H. Any accumulation of dust, sand, gravel, refuse and waste matter or discarded materials including building and construction materials that endangers public health and safety; 1.Outdoor stairs, porches, hand railings, balconies and swings not maintained in accordance with the Uniform Building Code adopted by the city; J. Any swimming pool, spa, pond, foundation or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained resulting in polluted water; K. Premises so maintained as to cause the accumulation of polluted or stagnant water from any source which may cause a hazardous or unhealthy condition, breeding area for insects or erosion of foundation walls or soil; L. The use of any spray, paint, dye, chalk or similar substance to mark or deface any building, structure, hillside, rock(s), stormchannel, or any other surface open to public view which is commonly known as graffiti; M. Violation of any of the zoning or sign ordinances of the city or any of the uniform codes adopted by the city including the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, plumbing code, electrical code, mechanical code, swimming pool code, fire code, health code and Uniform Housing Code; N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties; 0. Outdoor burning of any material or structure unless sanction by the fire department as a training fire or when used as a cooking or comfort fire contained in a fireproof container no larger than four feet in diameter; P. Permitting any abandoned, unattended or discarded icebox, refrigerator, freezer or other similar container with an airtight door or lid that cannot be readily released from the inside to remain unattended inside or outside any building or structure; Q. Stockpiling fill dirt or other material without a grading permit; R. Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties; S. Landfills containing organic materials except those permitted by the building director or the public works director of the city„ T. Allowing the following to exist on property: 1. Lumber, junk, refuse and waste matter or abandoned, discarded or unused objects or equipment such as furniture, appliances, and play equipment which is visible from the public right-of-way, 2. Attractive nuisances such as abandoned or broken equipment and machinery, hazardous pools, and ://194.169.1.2/cityclerk/citycode/_DATA/TITLE1 I/Chapter_11_72—PUBLI... 10/23/20 ►c.u3u ruonc nuisances aeciareo. rage z ur excavations, 3. Clotheslines located in front yards or side yards of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside open garages or carports which can be observed from the public right-of-way, 4. Materials stored on rooftops which are visible from the public right-of-way, 5. Trash containers or plastic bags causing offensive odors or a breeding place for flies, 6. Gasoline, oil, grease, water or other materials flowing onto a right-of-way or an accumulation of refuse, waste, grease and oil on any surface including but not limited to, surfaces such as improved or unimproved ground, rights -of -way, buildings, structures, walls or fences, 7. Any tree, shrubbery or plant growing onto or over the public right-of-way which impairs pedestrian or vehicular traffic or prevents drivers from clearly observing safety signs and signals, 8. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard; U. Dumping refuse and waste matter upon the following: 1. Any public or private highway or road, 2. Private property where the public is admitted by easement or license, 3. Private property with or without the consent of the property owner, and 4. Any public property not designated for such purpose; V. Dumping or placing any rocks or dirt upon private property without the consent of the state or local agency retaining jurisdiction over such highway or property; W. Repairing, storing, or otherwise worldng on any motor vehicle or parts thereof not belonging to the person residing on the premises in any residential area within the city unless: 1. Such activities are completely enclosed and not visible from the public right-of-way, or 2. Such activities constitute emergency repairs, provided that such repairs do not exceed seventy-two hours; X. Parking a vehicle, as defined in Chapter 11.80, in public view when a failure to maintain its exterior causes such vehicle to constitute an eyesore. Vehicles shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled or the vehicle exterior becomes otherwise dilapidated; Y. Sanding or painting a vehicle, as defined in Chapter 11.80, anywhere in a residential zone; Z. Failure to obscure vehicles and equipment which are stored in a residential zone out of public view; AA. Storage of any item in a residential zone in a manner which endangers public health and safety; 1313. Any offensive or unwholesome business or establishment operated in a manner dangerous to the public health, safety and welfare; CC. Those offenses declared a nuisance anywhere in the code of the city or the statutes of the state of California or known at common law as nuisances when the same exist within the jurisdiction of the city. (Ord. 265 § 1, 1995; Ord. 177 § 1, 1990; Ord. 160 § 1 (part), 1989) ://194.169.1.2/cityclerk/citycode/_t5ATA/TITLEII/Chapter 11_72_PUBLI... 10/23/21 PLANNING COMMISSION STAFF REPORT DATE: APRIL 27, 2004 CASE NUMBER: SITE DEVELOPMENT PERMIT 2004-805 APPLICANT: FORREST K. HAAG, A.S.L.A., INC. PROPERTY OWNER: LA PLAYA PROPERTIES, L. L. C. REQUEST: REVIEW OF FIVE SINGLE FAMILY PROTOTYPES, EACH WITH TWO FACADE TREATMENTS, AND LANDSCAPE DESIGN PLANS LOCATION: WITHIN TRACT 31123, ON THE NORTH SIDE OF AVENUE 52, ±300 FEET WEST OF VISTA BONITA TRAIL (ATTACHMENT 1) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT COMPLETED ENVIRONMENTAL ASSESSMENT 2003-468, FOR TRACT 31 123 WHICH WAS CERTIFIED BY THE CITY COUNCIL ON MAY 6, 2003 (RESOLUTION 2003-24). NO CHANGED CIRCUMSTANCES OR CONDITIONS EXIST WHICH WOULD TRIGGER THE PREPARATION OF ANY SUBSEQUENT ENVIRONMENTAL EVALUATION. BACKGROUND Site Background Tract 31123 was approved on May 6, 2003, for 60 lots on 19.6 acres (Attachment 2). To date, no homes have been proposed within this tract; therefore, the units under review are not subject to the compatibility provisions of the Zoning Code, but are being reviewed under the provisions of Section 9.60.330 (Residential Tract Development Review). Project Background The applicant requests approval for five prototype plans. Each plan is designed with two elevation treatments. The plans utilize a Spanish or Mediterranean style of architecture and vary in size from 2,324 to 3,056 square feet in area. Plans 1, 2 and 3 are single -story, while Plans 4 and 5 will be two-story units. Plans 2 and 5 are designed to incorporate an unenclosed sundeck. The applicant has named his product line Vista Encantos, and the five unit designs are proposed as follows: PAReports - PC\PC 4-27-04\perptsdp805.doc Plan 1 - 2,324 s.f. - 3 BR/2.5 BA, with side -entry garage. Plan 2 - 2,420 s.f. - 3 BR/2.5 BA with sundeck over casita unit. Plan 3 - 2,885 s.f. - 3 BR/2.5 BA with casita unit. Plan 4 - 3,538 s.f. - 4 BR/3.5 BA, 2-story with side entry garage. Plan 5 - 3,538 s.f. - 2 BR/2.5 BA, 2-story, casita, upstairs game room and deck. Each plan has two elevation schemes, mixing contemporary Spanish, California Ranch and Mediterranean architectural styles. All five plans retain their basic architectural elements, featuring use of architectural detailing, varying window and roof line treatments, entry porticos and other minor design variations. The architectural materials consist of stucco, clay "S" roof tile, and wood veneers. Exterior material color tones are in varying earth -tone shades (brown, reddish -brown, and beige), arranged to accent the significant building elements. Building heights for single story Plans 1, 2 and 3 range from 20 to 21 feet, while the two-story Plans 4 and 5, will be less than 25 feet in height. The proposed landscaping layout and palette for a typical model home site is only shown conceptually. The package submitted by the applicant also includes conceptual lighting, irrigation/water use calculations and general planting plans for the tract streetscape and common areas. These do not constitute the detailed construction landscape plans to be required for plan check purposes. Plans for the perimeter landscaping improvements are not a part of this submittal. Existing tract conditions that apply to this request are: Condition #79 - Building heights shall be limited to one story/22 feet for all lots within the perimeter boundaries of the Tentative Map. ALRC Action - On April 7, 2004, the ALRC reviewed these prototype architectural plans. The ALRC unanimously recommended approval of the Site Development Permit by Minute Motion 2004-014 (Attachment 3), subject to the following requirements being conditioned: • Removal of the Queen Palm and Mesquite species from the landscape palette Residential Tract Development Review Requirements - Each prototype plan and elevation meets the standards as specified by Section 9.60.330.D of the Zoning Code. The landscaping as conditioned will be required to be consistent with the requirements specified in Section 9.60.330.E. MANDATORY FINDINGS As required by Section 9.210.010 (Site Development Permits) of the Zoning Code, the following findings to approve Site Development Permit 2004-805 are hereby provided: PAReports - PC\PC 4-27-04\perptsdp805.doc 1. The proposed Site Development Permit is consistent with the La Quinta General Plan, as single family homes are proposed in an approved residential tract, which is General Plan -designated for LDR (Low Density Residential) development. 2. The proposed Site Development Permit is consistent with the La Quinta Zoning Code, as single family homes are proposed in an approved residential tract zoned for RL (Low Density Residential) development. 3. The proposed Site Development Permit is not subject to the requirements of the California Environmental Quality Act (CEQA), as Environmental Assessment 2003-468 was certified by the City Council on May 6, 2003 (Resolution 2003- 24). No changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental evaluation. 4. The architectural design aspects of the proposed Site Development Permit provide interest through varied roof element heights, enhanced building entries, stone veneer wainscot and facade treatments, horizontal banding and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 5. The site design aspects of the proposed Site Development Permit will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 6. The project landscaping for the proposed Site Development Permit has been conditioned so as to unify and enhance visual continuity of the proposed homes with surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to accentuate views of the buildings' architecture. RECOMMENDATION Adopt Minute Motion 2004 -_ approving Site Development Permit 2004-805, subject to conditions: Attachments: 1. Location Map 2. Tract 31 123 layout 3. ALRC draft Minutes of April 7, 2004 Prepared by: Wallace Nesbit, Associate Planner P:\Reports - PC\PC 4-27-04\perptsdp805.doc PLANNING COMMISSION MINUTE MOTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2004-805 ADOPTED: APRIL 24, 2004 1. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. This indemnification shall include any award toward attorney's fees. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. Final front yard landscaping 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 building permit for units authorized by this approval in compliance with Chapter 8.13 (Water Efficient Landscaping) 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. 3. Front yard landscaping for each dwelling shall consist of two trees (i.e., a minimum 1.5 inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. 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 front yards. 4. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of street curbs. 5. The developer shall submit complete landscaping plans for all retention basins and interior common areas to the Community Development Department for review, prior to issuance of any precise grading permits. 6. 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. Minor amendments to the development plans (e.g., architectural details, house plotting, etc.) shall be subject to approval by the Community Development Director. 7. Front yard setbacks along streets where five or more homes have frontage, shall be staggered at a range between 20 - 25 feet. r P:\Reports - PC\PC 4-27-04\perptsdp805.doc 8. The developer shall comply with all applicable conditions of Tentative Tract Map 31123, specifically Condition 79 pertaining to building heights on perimeter lots, unless modified by this action. Developer shall submit a preliminary unit siting plan to the Community Development Department prior to issuance of any dwelling unit permits. 9. Prior to building permit issuance, parkland dedication fees shall be paid unless these fees are paid during recordation of the subdivision map. 10. Model home sales complexes shall comply with the requirements of Section 9.60.250 of the Zoning Ordinance during on -site sales activities. A $1,000-per- unit cash bond shall be posted to convert garages, parking areas, etc., from sales office use to residential. P:\Reports - PC\PC 4-27-04\perptsdp805.doc ATTACHMENT 1 50TH AVE. SITE Z o w cn IL- w b2ND -AVE. Q w 5,3RD .-AVE. VICINITY MAP CASE NOT TO SCALE MAP cAsE w SITE DEVELOPMENT PERMIT 2004-805 ORTH SCALE : NgNE LA PLAYA PROPERTIES _ IN THE CITY OF LA QUINTA, CALIFORNIA �1n 1 ENTATIVE TRACT MAP NO. 31 123 ` PARCEL 2 OF PARCEL MAP NO. 14367. AS SHOWN BY MAP ON FILE IN BOOK 68, PAGE 73. OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ,PR : �, 9-,r ATTACHMENT 2 . _ _ - C a• LOT Ya - `E - teJMIRI ARq ' 17 t R 1 O 20 21 22 �O"LAsR�An�E NOTES I SUB.KCT Tp NR NESRDNO' YLSRD ARD ACCMJED WARA RICMS FOR NIN HE. ADPoCULTUWLL. WN T. FHNG ♦Jj A 1 1 APR (1, 9 `t wpA NR ER R PURPOSES. IUD ECOGN 1E DRCHEp ANp RESERNDIRS USED M CONNECTOR RIM SUCH WATER AS WY pE RIND IFOROWIEDGED BY THE IOGL CTRIXTE, IARS AND V AIhGH2ED Di STATES AND O RIGNT Of WAY i4. DITCHES OR ONULS CO. MH1TED BY AUMOmTY NS OF OF THE W THE VNREO STALES, RECp10ED NOVENBCR A, I955 AS MOTRInEM NO. TOSpS OF OFMVL RECd105. I V OF A0UINTA ralTti � EVt' ?MENT — .. .. _._ :_TO NT SOT+ AA SITE r------- jr 11RD AVE I I I I I o IN)T20 +ro zAo OWNER/APPLICANT YSFA ENGNTO IA OUINTA LF iJ-e29 CALAiASAS ROAD. pee CNAALSAS, G 91 J02 TFL (eIe) TIO-e]w Fu (efe) )IO-tT9 ASSESSORS PARCEL N MR R U2-iT0-010 RYL - SINGLE FAIRL• RESIOENM K LON DENS F PROPOSED ZONING/LAND USE AL - SINCIE FNIALY RESIOEN LON DENSITY NET ACREAGE - — ACRES MOSS —ME - — ACRES RA 1 2 OF —la YAP - IADe), AS SNOWN B+' YAP ON RU IN BOON M. FACE Oa, OF PApCCI RECORDS OF RNER&DE COUNTY. C FORNA THIS I+AF CO—NS THE ENTRE CONMRIOUSLY ORNED FRDFERIY OF THE V pWDER. WATER CGCHEIAA MALLET M'ER DISImv SEWER —HE YALItY RATER DISTmCT ELCCTRRAL. IMFEpV1 IRmCATON .—V GAS SOUMFAN CAUFORNN CIS CO TELEPHONE. —OON TElENSION _. THE RNNER PON 0R ENCINEERINO 22505 CMC DRIVE. 5TE 1-5 F— IFRING% G 92— H ("102J-Ie42 fA% (ITO) 323-1742 DATE PREPARED NIRa a+, :Doa P.RRTs v v. +AI �rp M Rms ..i1. I Fwr ml 10®AC IWTL OWRKrIFr+. TYPICAL SE= - 57ND ANENUE PRIYAIE! �RNL N AAr PROPOSED PRIVATE STREET SECTION R, is ATTACHMENT Architecture and Landscaping Review Committee April 7, 2004 slate in a dark green color. Committee Memx er Thorns stated his concern is how the boulders would. be used and would suggest the elimination of the boulders. 3. Mr. James Paul, owner of the bw1ding, stated both buildings have boulders and agrees the look is important to selling the use of the building. 4. There being no further questions of the applicant, it was moved and seconded by Comrrtiittee Members Bobbitt/Thoms to adopt Minute Motion 2004-013 recommending approval of Site Development Permit 2003-804, as recommended by staff and amended: a. Condiin added: Boulders to be artistically placed under the direction of the owner. r Unanin-y usly approved. D. Site Development Permit 2003-805; a request of Forrest Haag, ASLA for La Playa Properties for consideration of architectural and landscaping for five prototypical residential plans to be located on the north side of Avenue 52, west of Jefferson 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 Forrest Haag and Frank Stoltz who gave a presentation on the project. 2. Committee Member Bobbitt discussed the tree list. In regard to the architecture, he has no objections. 3. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-014 recommending approval of Site Development Permit 2003-805, as recommended by staff and amended: a. Condition added: Eliminate the Queen palm and Mesquite trees. Unanimously approved. G:\WPDOCS\ALRC\4-7-04 WD.doc 4