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2004 05 11 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 MAY 11, 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 2004-031 Beginning Minute Motion 2004-01 1 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes for the Joint Meeting and Regular Meeting of April 27, 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 2004-804 Applicant.......... James Paul Location........... 79-180 through 79-240 Corporate Centre Drive Request............ Consideration of architectural plans for three commercial office buildings on 2.23 acres within Specific Plan 99-036. Action .............. Resolution 2004- B. Item ................ SITE DEVELOPMENT PERMIT 2004-806 Applicant.......... Kohl's Department Stores, Inc. Location........... West side of Adams Street at the Whitewater Channel in the One Eleven La Quinta Shopping Center Request............ Consideration of development plans for the remodel of the existing + 127,000 square foot WalMart building for occupancy by Kohl's Department Store. Action .............. Resolution 2004- C. Item ................ VILLAGE USE PERMIT 2004-023 Applicant.......... Newell Investment Services, Inc. (Village Gas Station) Location........... 77-985 Avenida Montezuma Request............ Consideration of development plans for the expansion and remodel of the existing gas station Action .............. Resolution 2004- VI BUSINESS ITEM: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None G:\WPDOCS\PC Minutes\PCAgendaW.doc Vill. 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 25, 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, May 11, 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, May 7, 2004. DATED: April 21, 2004 BETTY J. SAWYER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7025, 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 27, 2004 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was reconvened at 7:09 p.m. by Vice Chairman Abels who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Rick Daniels, Paul Quill, Robert Tyler, and Vice Chairman Jacques. It was moved and seconded by Commissioners Daniels/Tyler to excuse Chairman Tom Kirk. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Vice Chairman Abels asked if there were any corrections to the Minutes of April 13, 2003. Commissioner Daniels asked that Page 3, Item #10 be clarified to state while his home is over a half mile from the the HOA at PGA West of which he belongs to was closer than 500 feet; therefore he declared a potential conflict with the project. There being no further corrections, it was moved and seconded by Commissioners Tyler/Daniels to approve the minutes as corrected. B. Department Report: None. V. PUBLIC HEARINGS: A. Site Development Permit 2004-806; a request of Perkowitz and Ruth Architects for consideration of a remodel to an existing vacant building for occupancy by the Kohl's Department store located at 78-960 Highway 1 1 1, on the west side of Adams Street, at the Whitewater Channel, in the One Eleven La Quinta Shopping Center. G:\WPDOCS\PC Minutes\4-27-04.DOC Planning Commission Minutes April 27 2004 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Staff asked that the item be continued to May 11, 2004, to allow the applicant time to submit the materials needed for the Commission's review. It was moved and seconded by Commissioners Tyler/Daniels to continue Site Development Permit 2004-806 to May 11, 2004, as requested. Unanimously approved. B. Street Name Change 2003-015; a request of La Quinta Polo Partners for consideration of a street name change from Beth Circle to Norris Drive for the area west of Madison Street, south of Avenue 51. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Commissioner Tyler stated the Commission reviewed this request at their meeting of January 27, and he requests the staff report be waived. 2. There being no questions of staff and no other public comment, Vice Chairman Abels closed the public participation portion. 3. It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-028, approving Street Name Change 2003-015, as recommended ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. C. Site Development Permit 2004-803; a request of ND La Quinta Partners, LLC for consideration of architectural and landscape plans for three residential bungalow unit types for the property located on the south side of Hideaway Club Drive, within The Hideaway. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked that page 3 of the staff report be corrected to state, "...CVWD water efficiency requirement, ensuring ... ". Page 8 Condition #6 he understood air conditioning G:\WPDCCS\PC Minutes\4-27-04.DOC 2 Planning Commission Minutes April 27 2004 compressor pads were not permitted in the sideyard. Staff stated the Code prohibits it but staff wanted to be sure the applicant is aware of the requirement. 3. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Commission. Mr. John Gamlin, representing ND La Quinta Partners stated they agreed with the conditions and are available for any questions. 4. Vice Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked if the clustering was something the market was looking for. Mr. Gamlin stated it has been well received and there is a waiting list. Commissioner Tyler stated he would be concerned about a detached garage that distance from the kitchen. 5. There being no further questions and no other public comment, Vice Chairman Abels closed the public participation portion of the hearing. 6. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2004-029, approving Site Development Permit 2004-803, as amended: ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. D. Tentative Tract Map 30092, Extension #2; a request of Covenant Development, Inc. for consideration of a one year time extension to file a final map for a subdivision of ± 37 acres into 97 single-family lots for the property located at the northwest corner of Avenue 58 and Monroe Street. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if Avenue 58 and Monroe Street adjacent to this property meet current road requirements. G:\WPDOCS\PC Minutes4-27-04.DOC 3 Planning Commission Minutes April 27 2004 Assistant City Engineer Steve Speer stated they are County roads and it will have to be determined whether or not they are structurally adequate to be converted to arterial streets. Staff would see that if the requirement was not in the conditions, they would see that it is added. 3. Commissioner Daniels asked if the applicant had received a copy of the changes. Staff stated they were not given a copy until this evening. 4. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Commission. Mr. John Silver, representing Covenant Development, Inc., stated he has no objection to the conditions and was available to answer any questions. He asked staff to clarify the changes that were handed out at the meeting. Assistant City Engineer Steve Speer explained the changes. Mr. Silver stated he had no objections to the changes. 5. There being no further questions and no other public comment, Vice Chairman Abels closed the public participation portion of the hearing. 6. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-030, approving a one year time extension for Tentative Tract Map 30092, as recommended and amended. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued — Public Nuisance Case 9693; a request of Robert and Barbara Valdivia for consideration of an appeal of a public nuisance determination for the property located at 54-360 Avenida Juarez. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Community Safety Manager Debra Conrad presented the information contained in the report a copy of which is on file in the Community Development Department. Nohm Duzman, City G:\WPDOCS\PC Minutes\4-27-04.DOC 4 Planning Commission Minutes April 27 2004 Prosecutor, indicated the property owner will state that their attorney is unable to attend as he is sick. There is nothing in the Municipal Code or State Code that requires the City to grant the appellant the right to have an attorney present, so the Commission can move forward with their review and decision. 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler noted they had resolved some of the issues, but there were still some remaining and this has been going on for a long time. 3. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Commission. Mrs. Barbara Valdivia, 54-360 Avenida Juarez, stated she had received a call from her attorney and asked her to appear to ask for a continuance as he was ill. 4. Vice Chairman Abels noted this had been continued numerous times and asked the Commissioners if they had any opinions. 5. Commissioner Tyler asked if the report was accurate. Mrs. Valdivia stated yes. 7. Commissioner Daniels asked if they had been provided a list of things that needed to be done and was she willing to do them. Mrs. Valdivia stated she was advised to do nothing with the conversion until the other items had been completed and they have been unable to get someone out to the house to help them. S. Commissioner Quill asked how long they had lived in this house and if they did the conversions. Mrs. Valdivia stated they have lived there 30 years. The wall was built with a permit issued by Riverside county, but the County says they have no record of it. 9. There being no further questions and no other public comment, Vice Chairman Abels closed the public participation. 10. Commissioner Tyler asked what the next process would be. Assistant City Attorney Michael Houston stated the Planning Commission appeal is a matter of right of the Valdivias. If the Commission decides to uphold the prosecutor case, Mr. and Mrs. Valdivia has the right to appeal this decision to the City Council, G:\WPDOCS\PC Minutes\4-27-04.DOC 5 Planning Commission Minutes April 27 2004 by submitting a written notice to the City Clerk within ten days of the action taken at this meeting. The City Council is the final authority. If no appeal, the decision of the Planning Commission is final. 11. Commissioner Quill asked what the City's options were. Mr. Duzman stated that upon a final decision without an appeal, or upon the City Council denying the appeal, the City can: abate the nuisance, file a civil or criminal matter which normally is not done but it is up to the City, or file a civil action and have a court of law order them to remove or obtain a permit for the structure. The goal is to have voluntary compliance and in this instance due to the length of time, it does not seem favorable this will happen. Commissioner Quill asked if the City has lien rights. Mr. Duzman stated yes, the City would have to sustain the costs initially, but it would gain it back in the end. Commissioner Quill asked if the City could foreclose. Mr. Duzman stated yes, but it is very drastic movement and the City's goal is to achieve compliance on the part of the appellant. 12. Commissioner Daniels stated it has taken a very long time getting to this point. 13. It was moved and seconded by Commissioners Daniels/Tyler to adopt Minute Motion 2004-010, denying an appeal of Public Nuisance Case 9693, as recommended. Unanimously approved with Chairman Kirk being absent. B. Site Development Permit 2004-805; a request of Forrest Haag, ASLC, Inc. for consideration of five single-family home prototypes, each with two facade treatments and landscape design plans for the property located within Tract 31123, on the north side of Avenue 52, west of Vista Bonita Trail. 1. Vice Chairman Abels asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Commissioner Daniels asked why the Architecture and Landscape Review Committee was recommending the elimination of the Queen Palm trees. Staff stated the applicant could answer. G:\WPDOCS\PC Minutes\4-27-04.DOC 6 Planning Commission Minutes April 27 2004 3. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Planning Commission. Mr. Forrest Haag stated the trees were deleted because of a current problem with the trees here in the desert. They have no objection to the condition deleting them. 4. Vice Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked if the casitas units were included in the total square footage of the units. Mr. Haag stated casitas is a loosely used term for smaller than million dollar homes. This form of architecture is extremely popular. Commissioner Tyler asked how many plans would be available. Mr. Haag stated there will be five models. 5. There being no further questions, and no other public comment, Vice Chairman Abels closed the public participation and opened the matter for Commission discussion. 6. It was moved and seconded by Commissioners Tyler/Daniels to adopt Minute Motion 2004-010 approving Site Development Permit 2004-805, as recommended. Unanimously approved. Vil. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. A report was given on the City Council of April 20, 2004 by Commissioner Tyler. B. Commissioner Daniels requested staff provide them with data on the commercial and residential land in the City and where there is vacant land, what is proposed for that site. 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 May 11, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:51 p.m., on March 23, 2004. G:\WPDOCS\PC Minutes\4-27-04.DOC 7 Planning Commission Minutes April 27 2004 Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\4-27-04.DOC LA QUINTA CITY COUNCIL LA QUINTA PLANNING COMMISSION JOINT MEETING MINUTES APRIL 27, 2004 A special joint meeting of the La Quinta City Council and Planning Commission was called to order at the hour of 5:30 p.m. by Mayor Adolph. CITY COUNCIL ROLL CALL: PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, and Mayor Adolph ABSENT: None PLANNING COMMISSION ROLL CALL: PRESENT: Commissioners Daniels, Quill, Tyler, and Vice Chairman Abels ABSENT: Chairman Kirk MOTION - It was moved by Commissioners Abels/Daniels to excuse Chairman Kirk. Motion carried unanimously. Vice Chairman Abels led the audience in the Pledge of Allegiance. PUBLIC COMMENT: None. CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES - None STUDY SESSION 1. DISCUSSION REGARDING GENERAL PLAN LAND USES. The Mayor declared the PUBLIC MEETING OPEN. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the agenda packet. Commissioner Daniels stated that with the General Plan being only two years old, the presumption is that this Plan represents the stated policy and vision of this City Council. It represents the validity of the City Council going forward and any changes to that vision should be the responsibility of the applicant to prove the purpose for any change from commercial to residential. Any change should be considered as either something has changed in circumstances, such as the City has bought and developed a large golf course, a major road Joint Meeting of the La Quinta City Council And Planning Commission April 27, 2004 widenening, or a development has been proposed. Some kind of change has taken place to create a reason for the land use change. It could even be that there was a mistake made in the land use designation. One of these should be shown in order for an applicant to receive the land use change. Commissioners discussed the chart contained in the staff report. Commissioner Daniels stated the northwest corner of Avenue 52 and Jefferson Street is noted as a proposed change from Neighborhood Commercial to Medium Density Residential. The Planning Commission did recommend approval, but when it was presented to the Commission it was described as a commercial enterprise. The developer described it as a project that would generate Transient Occupancy Tax so it would be some kind of commercial activity, therefore the Commission approved it. The Commission's concern has been the loss of commercial land. With the funding mechanism in California, the City is looking at 779 square feet that will be, or may be, lost for commercial uses. That is equivalent to a regional shopping center that may be lost and it seems that this is something that should be protected so as to not lose the income from that site. If the Council has a different direction, then the Commission needs to know. Commissioner Tyler stated there should be some land use ratio to use. Community Development Director Jerry Herman stated every community can be different. The City of Indian Wells has more residential than commercial but they have four hotels so they rely on their income. Council Member Henderson stated the General Plan does not show this, but other documents do show a need for commercial square footage and recently the draft Economic Development document does have a projection of the needed commercial space that is based on the revenue hopefully generated from that commercial space. Most recent numbers state we would need to develop 192,-233,000 square feet of retail commercial real estate per year between now and the year 2010, so there is a need for commercial development. As we loose the commercial space we will not be able to meet the needs of the City. This is a critical point but a lot of it centers around infill projects and how difficult they are and how they are to be treated and maintain the commercial projects. Commissioner Tyler stated residential development does not pay its way in regard to City services, and yet we are looking at potential annexation and most of it will be residential which creates an increased need for City services which we will not have if we keep losing the commercial land. G:\WPDOCS\PC Minutes\JTMtg4-27-04.d0c 2 Joint Meeting of the La Quinta City Council And Planning Commission April 27, 2004 Council Member Sniff asked what the total land designated for commercial is currently. Staff stated 570 acres. Council Member Sniff asked how much is currently occupied and then how much is remaining. City Manager Tom Genovese stated that due to the number of projects in current phases, that number may not be available. Council Member Sniff stated he would not discard the thought of additional residential as it does provide an enormous of shoppers for the commercial areas. It takes the residential to keep the commercial in place. We are developing rapidly commercially and there is a vast area of 100,000 to the east and that is almost entirely residential without any commercial. Community Development Director Jerry Herman stated that as of 2002 there 1,216 acres of which we lost 53 acres and of that 771 acres of undeveloped land. Commissioner Quill asked if their was a direct nexus between the designated commercial in the General Plan and the fiscal study that would show the revenue generated from the sales tax at the build out of the City, to say this level of commercial will support the level of services as proposed. City Manager Tom Genovese stated there was an economic component that showed how many hotel rooms and commercial in total would be needed Commissioner Quill asked if there had been any kind of assessment on the revenue being generated from our existing commercial that could be expanded over the balance of the community to determine if, at build out, that if we lost 200 acres of commercial, would the City still have enough revenue generated by the sales tax to support the City? If we did not annex any other land, could we substantiate the loss of commercial land by an assumption of tax revenue generation from the existing and proposed projects? Can the General Plan support the loss of commercial land? Community Development Director Jerry Herman stated the General Plan designates a land use designation which allows a big range of retail and commercial uses and not all commercial uses generates sales tax. There would need to be some combination of uses to generate the revenue. Planning Consultant Nicole Criste stated they did a cost benefit analysis for all the land uses that included sales tax, property tax and general fund costs that showed build out of the General Plan as a positive. From a statistical point the City can count on $1.20 a square foot, a year, in sales tax generation from general commercial. The loss of 700,000 square feet of commercial would be a loss of $930,000 annually. Mayor Adolph stated that when the City was talking with Walgreen it was stated they would generate approximately $20,000 a year in sales tax. You way that factor against the 10-1 1 % sales tax on a hotel room, and you need to G:\WPDOCS\PC Minutes\JTMtg4-27-04.doc 3 Joint Meeting of the La Quinta City Council And Planning Commission April 27, 2004 determine where our emphasis will be focused. It is obvious where our growth is and it is south and east of PGA West. Our emphasis on commercial has to be put down there as it will be needed in the very near future. Avenue 50 and Jefferson Street, we lost Albertsons as they realized they could not make a profit. The project at Fred Waring Drive and Washington Street had a lot of commercial to the south and it could be a question as to whether it is a viable project. Common sense has to be taken into consideration. The entire area needs to be taken into consideration. Commissioner Quill stated the question from the Commission is whether we can substantiate the loss of the commercial property to residential by virtue of a forecast of revenue that we believe will enable that, then there is no issue. It is totally an issue of losing square footage and revenue. If there is something that will substantiate that loss, that we know it will be replaced in another area or it is not needed because of different commercial that will offset it, then the change can happen. Council Member Henderson stated it is the developers' responsibility as to why there is a need for the conversion to make the nexus. Mayor Adolph stated the General Plan is the document that has to be followed and that is what the Council is wanting. Commissioner Daniels stated the presumption of the Planning Commission is that they follow what the Council wants for development. Therefore, the burden is on the developer to show the reason for the change or prove a mistake in land use has been made on this piece of property to make a compelling argument. Maybe there is a need for commercial in the annexation areas but we all know the difficulty to introduce commercial into a residential area. Therefore, he is reluctant to let go of the commercial when it is so hard to get it. Mayor Adolph stated they do not disagree. They expect the Planning Commission to do their job and they believe they are. Council Member Osborne stated the General Plan is a living document and it will change as the economy changes. The residential and commercial development is economically driven. We do not want to put handcuffs on ourselves. We need the flexibility as the City grows to allow changes and we need to be ready for these changes. How much it will cost us to operate at build out, no one knows. Each land use change should be evaluated on its own merit. G:\WPDOCS\PC Minutes\JTMtg4-27-04.d0c 4 Joint Meeting of the La Quinta City Council And Planning Commission April 27, 2004 Commissioner Tyler stated that on the chart in the staff report at the southeast corner of Avenue 52 and Jefferson Street, there is already an approved Specific Plan with Neighborhood Commercial and yet no development has happened. Community Development Director Jerry Herman stated a residential project is currently being processed for this site. Commissioner Tyler asked if they were providing a reason for the commercial not being viable and can we request an analysis for the change in land use. Staff stated a different developer has purchased the site and is requesting a zone change. An analysis has been requested. Council Member Henderson stated she would recommend the Commission have discussions with staff as they are not going to bring something to the Commission that they should turn down. They may have the answers to the Commission's questions as to why the project is before them. Staff does not present changes to the General Plan unless they have analyzed it and believe the change should be made. Council Member Perkins stated the conversation is good, but where is it going. He has no problem with the mix of commercial and residential as it is now. We need to be careful even though the people live close to Ralph's they will shop in Albertsons in Palm Desert. You cannot count on a residential area to have a commercial area. It will help but not all will go that site. The Council made a change in the Von's shopping center when the signal was installed on Highway 1 1 1 that opened the market to residents of the City of Indian Wells. We need to consider the need to attract the out of town people. Staff is probably closer to this than either the Council or Commission. Maybe the answer is to discuss more with staff to get their input before the meeting. Council does not like to overturn the Commission's recommendations. Commission has done a nice job, but they need to work closer with staff. Commissioner Abels noted the Commission once held study sessions and they were very valuable obtaining insight into a project and they were discontinued. These study sessions could allow that time for the Commission to discuss matters with staff. Council Member Osborne stated it is a good question to ask whether the project makes sense. Is there enough commercial to make a difference. These are all good points to raise. Council Member Sniff stated the reason the study sessions were eliminated was that they preceded the public hearing and that was a legal problem where it was not appropriate. Things vary and needs change and none of this is totally set. G:\WPDOCS\PC Minutes\JTMtg4-27-04.d0c 5 Joint Meeting of the La Quinta City Council And Planning Commission April 27, 2004 There is always flexibility until it a project is built. Chances are we have as many grocery stores as we are going to get. We will reach a legitimate saturation point. There is a limit as to how many retail businesses can be successful. These things will work themselves through and generally Council will agree with the Commission. Commercial has to be strategically situated. He does not believe there will ever be commercial on all 700 acres that remain designated as commercially developed. Council Member Perkins stated the Commission should not underestimate the developer when he brings forth a commercial project. They will do their research because they do not want to fail. Council Member Henderson stated that in regard to direction most projects should be evaluated on a case by case situation. It might be worth while for each of us to look at the General Plan and Zoning map and get a feel for what vacant land should be commercial. There are probably some commercial areas that will never be developed. Bring your suggestions back as it does not seem reasonable. Maybe some things have changed and it should be reevaluated. In fill will be a real challenge. The message is one of cohesiveness as to what kind of heat the council will take from the PC approval. She will look at the map again to see what could or should be changed. There being no other comments from Planning Commission or Council, Mayor Adolph thanked the Commission for bringing this to their attention. 2. DISCUSSION REGARDING THE HOUSING ELEMENT. Community Development Director Jerry Herman asked Principal Planner Fred Baker who introduced the Planning Center consultant Colin Drucker who gave a presentation on the Housing Element. Council Member Henderson asked when the certification would expire. Mr. Drucker stated June of 2006. Council Member Henderson asked why the City did not turn around and resubmit it again. Mr. Drucker stated because the City will be receiving new RHNA numbers. Commissioner Tyler asked why was this submitted to the State before receiving approval before City. Mr. Druker stated it is best to submit a draft to the State to determine what their concerns are so they can be addressed before adoption. The State will review it as a draft more conservently than if it was an adopted document. G:\WPDOCS\PC Minutes\JTMtg4-27-04.d0c 6 Joint Meeting of the La Quinta City Council And Planning Commission April 27, 2004 Council Member Sniff asked what the State was wanting. Mr. Druker stated the State take into account existing housing needs for the entire State. This is to ensure that one city is not receiving more than its fair share of the low income housing. The State then determines the housing needs of the entire State and distributes those numbers to each jurisdiction. For Southern California the Southern California Association of Governments (SCAG) is the entity that then divides the numbers between the cities in its jurisdiction. Commissioner Quill asked how SCAG does the allocation. Principal Planner Fred Baker stated they have a mathematical formula to determine the number. This year they did take into account the City's input. Council Member Henderson stated that if the cities do not meet these requirements as soon as possible, the State is going to take it out of their hands and figure out a way to do it themselves. Mr. Druker explained why the Housing Element had taken so long to complete. The State is pleased with the City's Housing Element. They have made very few comments. Council Member Osborne noted the Vista Dunes Mobile Home Park was not included. Mr. Druker stated others need to be included. Commissioner Quill asked when the RHNA number will change. Mr. Druker stated in June of 2005, the City should receive its new number to reflect the growth of the City. City Manager Tom Genovese stated it is important on the Redevelopment Agency the State does not take the 20% low mod monies. They are set aside. Council Member Osborn asked if the City did not meet its RHNA numbers or even in the next five year period, could they force us to put low income housing in a redevelopment area such as SilverRock. Mr. Drucker stated that if you build residential in a redevelopment area, part of that has to be affordable. If the City is out of compliance for two consecutive periods, right now there is nothing in State law that allows them to force the City to build affordable housing. Staff stated that if the City does not have a certified Housing Element and the City is spending Redevelopment monies, there are advocacy groups of individuals that will either sue the City to force them to produce affordable housing. Mr. Druker stated the court will force the City to build if they do not have a certified Housing Element. G:\WPDOCS\PC Minutes\JTMtg4-27-04.d0c 7 Joint Meeting of the La Quinta City Council And Planning Commission April 27, 2004 Commissioner Daniels asked if the Housing Element would come to the Commission for approval. Staff stated yes, both the Council and Commission. Commissioner Tyler asked if the Commission and/or council could make changes before it is adopted. Mr. Druker stated yes, as long as the State doesn't object. Staff stated we are currently in the second round of review with State. They are asking us to insert certain sentence into the element. Mayor and Council items: Council Member Henderson stated Commissioner Tyler has been trying to have certain changes made to boiler plate conditions as some things do not need to be in there on all projects. Are there certain things that could be reviewed to eliminate this problem? Assistant City Attorney Michael Houston noted it would depend on the depth of the question asked as this was not agendized. If these are common things asked of staff to be included as conditions, there is no issue as long as they are applicable to the project? Determining what conditions should be included should be on a case by case basis. City Manager Tom Genovese stated that if there was a concern about conditions that are boiler plate put into all conditions. Council Member Henderson stated they seem to be there whether needed or not. City Manager Genovese stated this is a staff issue to take responsibility to clean up the conditions before they are sent to the Commission. ADJOURNMENT: There being no further discussion, it was moved and seconded by Council Members Sniff/Osborne/Perkins to adjourn this City Council meeting at 6:55 p.m. Motion carried unanimously. It was moved and seconded by Planning Commissioners Abels/Daniels to recess the Planning Commission at 6:55 p.m. Motion carried unanimously. The meeting was adjourned at 6:55 p.m. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta G:\WPDOCS\PC Minutes\JTMtg4-27-04.doc 8 PLANNING COMMISSION STAFF REPORT DATE: MAY 11, 2004 CASE NUMBER: SITE DEVELOPMENT PERMIT 2004-804 APPLICANT/PROPERTY OWNER: JAMES PAUL REQUEST: CONSIDERATION OF ARCHITECTURAL PLANS FOR THREE COMMERCIAL OFFICE BUILDINGS (29,360 SQ. FT.) ON 2.23 ACRES WITHIN SPECIFIC PLAN 99-036 LOCATION: 79-180 THROUGH 79-240 CORPORATE CENTRE DRIVE ARCHITECT: WENDEL VEITH AND SANTAMARIA ASSOCIATES ENGINEER: PACIFIC ENGINEERING & ASSOC. (LYDIA R. SHINOHARA, RCE) ENVIRON-MENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THE REQUEST HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 99-383, PREPARED FOR SPECIFIC PLAN 99-036 AND CERTIFIED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999, BY RESOLUTION 99-110. NO CHANGED CIRCUMSTANCES, CONDITIONS OR NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. GENERAL PLAN/ ZONING DESIGNATIONS: COMMERCIAL PARK (CP) IN SPECIFIC PLAN 99-036, AMENDMENT #2 LEGAL: ASSESSOR'S PARCEL NUMBERS 649-020-056, -057 & -058 1 SURROUNDING LAND USES: NORTH: REGIONAL STORM WATER CHANNEL SOUTH: U.S. POST OFFICE (UNDER CONSTRUCTION) AND VACANT PARCEL (RECENTLY APPROVED FOR KLEINE BUILDING & DEVELOPMENT INC.) EAST: VACANT 15.52-ACRE PARCEL WEST: 0.65-ACRE VACANT FLAG LOT (FUTURE WELL SITE) BACKGROUND: Specific Plan 99-036 (La Quinta Corporate Centre) was approved by the City Council on September 7, 1999 and involves noncontiguous property located on the north side of Highway 111 between Dune Palms Road and Adams Street. The Plan envisioned development of light industrial uses, retail/office uses, a fitness center, a self -storage facility, and gasoline service station. Concerning the style of architecture for new projects, the Plan states: "...contemporary desert based on California Mission, Spanish, southwest and inspired themes found in La Quinta." Various changes were made to the Plan development conditions and text document (e.g., tenant signs, land use table, etc.) by the City Council on June 4, 2002 (Resolution 2002-85) and March 4, 2003 (Resolution 2003-015) during consideration of SDP 2002-734 (Sky West Corp.) and Site Development Permit 2002-756 (Radio Active). Condition #72 requires the Mannino property (15.52 acres) in the center of SP 99-036 to be added in the future, thereby making the size of the Plan area approximately 39.22 acres (Attachment 1). This project site is within the Specific Plan's Planning Area #1, which is dedicated to commercial and industrial development on individual lots. The goal of this area is to provide "0.5 + acre lots that have necessary circulation and commercial services nearby for industrial users." The uses anticipated are offices, retail, warehousing, and storage using a Floor Area Ratio (FAR) of 0.35. The development table from SP 99-036 Amendment #2 (Section 2.60.2) consists of the following: PA 1 PA 2 PA 3 PA 4 Max. Bldg. Height 35 feet 50 feet 50 feet 50 feet Setback — Hwy. 111 N/A 50' 50' 50, single story Setback — Hwy. 111 N/A 150, 150, 150, multi -story Setback — Image N/A 20/10 20/10 20/10 Corridor Setback — Perimeter 20/10 20/10 20/10 20/10 Streets & cul-de-sacs Setback — Interior p/I 0 0 0 0 within the project Setback — Exterior p/I 10' 5' 0 5' adjacent to the project 2 %� Pursuant to Section 1.20.3.2 of the Specific Plan, "the Planning Commission can consider site plan changes to each planning area during review of a developer's project." Section 2.80.3 of SP 99-036 indicates that: "Corporate Centre Drive shall serve the properties on the north side of the project using a 64-foot right-of-way. The roadway intersection with Dune Palms Road and Adams Street is located more than 600 feet from the intersection of Highway 111 providing ample room for stacking and maneuvering of larger vehicles often associated with industrial users. This roadway will also allow the industrial lots to be served by direct access to Adams Street and Dune Palms Road, separating the large vehicle traffic from the mixed -use portion of the site. Until such time as the middle 15.52-acre parcel is developed, a cul-de-sac will be located at the westerly and easterly terminus of Corporate Centre Drive." The existing developments in the La Quinta Corporate Centre are the J. Paul Building (SDP 2000-669 (Phases 1 and 2)), USA Petroleum (CUP 99-046 and SDP 99-657), World Gym (SDP 2000-682), and Storage USA (SDP 2000-673, Phase 2 only). The Radio Active project is under construction on the southwest corner of Dune Palms Road and Corporate Centre Drive on one acre within Planning Area #4 of Specific Plan 99-036. On April 22, 2003 the Planning Commission approved a 63,550 square foot shopping center to the southwest of the Radio Active project for Kleine Development Co. under Site Development Permit 2003-761 (Resolution 2003-018) and Tentative Parcel Map 31172. Site Development Permits 2003-780 and 2003-781 were approved by the Planning Commission in September 2003, allowing two commercial projects to the south of this site (i.e., southeast corner of Commerce Court and Corporate Centre Drive) on 1.13 acres. A project summary of the Specific Plan area is provided below: Land Use Approved Under Site Development Permits Req. Actual FAR FAR Multi -tenant RV/SS - 3.78 ac. - 54,925 sq. ft. bldg. 0.50 0.50 Industrial/ J. Paul - 3.09 ac. - 41,958 sq. ft. bldg. 0.35 0.31 Office/ N. Kleine - 0.45 ac. - 5,882 sq. ft. bldg. 0.35 0.30 Showroom N. Kleine - 0.68 ac. - 8,050 sq. ft. bldg. 0.35 0.27 Radio Active - 1.0 ac. - 15,248 sq. ft. bldg. 0.35 0.35 Sky West 2 26 R_,. 2-4270 sq ft bldg. 0.35 0.31 SDP 2004-804 (pending) 0.35 0.30 Retail/Office N. Kleine - 6.0 ac. - 63,550 sq. ft. bldg. 0.35 0.24 Service Station USA Gas - 1.31 ac. - 2,940 sq. ft. bldg. 0.35 0.05 Fitness Center World Gym - 1.19 ac. - 15,500 sq. ft. bldg. 0.35 0.31 PA 2 & 3, & Became Specific Plan 2003-066 (17.48 ac. - 175,200 0.35 0.23 art of PA 1 sq. ft. bldg.), Thomas Enterprises Public Future U.S. Post Office - 3.26 ac. 0.35 Government Two story buildings include the Gold's Gym and under construction Radio Active projects. 3 Under SP 99-036, the following exterior architectural materials are allowed: exterior stucco (hand smoothed or vertical -raked textures preferred), masonry (flagstone, adobe or Spanish -style brick, split -faced, fluted, or slumpstone-f aced block), wood (exposed, heavy timber, rough sawn beams, glu-lam beams and peeler poles with stain finish (transparent or opaque), glass block and stained glass, and weathered metals (copper, iron, bronze used as accents and detail areas). Building colors shall be off-white to medium earth tones and exposed wood shall be stained using medium to dark earth tones and complementary southwest colors (aqua, teal, terra cotta, and whitewash). Hip, gable and shed roof designs, or combinations thereof consistent with the general architectural theme, are acceptable and encouraged for main building masses. Acceptable roofing materials for pitched roofs include clay tile, and weathering metals. Where clay the materials are used, a multi -hued mixture of earth tones (terra cotta, buff, olive, and the like) shall be used. Roof parapets should vary in height to create an interesting roofline. To date, the various developers have chosen Southwest and Spanish architectural themes with, or without, pitched roof features. The recordation of Parcel Map 29351 in 2000, established 12 development parcels within the westerly section of SP 99-036. Parcels 3 through 5 make up the boundaries for SDP 2004-804, and were purchased by the applicant in March 2003. The graded parcels range in size from 0.52 to 1.0 acres. On May 14, 2002 the Planning Commission approved a commercial project at this site under SDP 2002-734 for the Sky West Corporation by adoption of Resolution 2002-049 (Attachment 2) for the prior property owner. This case expired on May 14, 2003, because the property owner did not request a time extension as required by Section 9.210.010(H) of the Zoning Code. The City Council on October 7, 2003, approved Specific Plan 2003-066 (Thomas Enterprises) by adoption of Resolution 2003-101 for 17 + acres at the northeast corner of Highway 111 and Adams Street, allowing a commercial project of 175,200 square feet within the Regional Commercial Zoning District. Under this entitlement, 11.79 acres of SP 99-036 (to the south of the Word Gym and future U.S. Post Office building) were transferred to Specific Plan 2003-066. Therefore, SP 99-036 has been reduced from approximately 36 acres to 23.7 net acres, excluding the Mannino property. PROJECT PROPOSAL: The applicant is proposing three independent commercial buildings that have a combined total square footage of 29,360, oriented around common on -site parking spaces. Only Building #2 is two story and is the largest of the three buildings at 15,700 square feet (Attachment 3). To create architectural interest, the building rooflines range in height from 16 feet to 35 feet using flat and pitched roofing elements; taller building elements are centrally located for each individual commercial structure. To accommodate pedestrian circulation, the developer is 04 4 proposing a 20-foot building setback on Corporate Centre Drive from the property line. Side yard building setbacks are six feet wide and larger, and rear yard setbacks are 70 feet and larger. Roof elements project out over storefronts to provide shade cover during summer months. Below is a project overview: Building Sq. Ft./Parking Spaces Lot Size Max. Building Heights #1 6,660 sq. ft./27 spaces 0 0.52 ac. 24' high space per 247 sq. ft.) #2 15,700 sq. ft./57 spaces (1 1.0 ac. 35' high space per 275 sq. ft.) #3 7,000 sq. ft./34 spaces (1 0.73 ac. 24' high space per 206 sq. ft.) Primary building entrances are located on the north side of each building. Low "E" windows, in various sizes and shapes, are mounted in dark anodized aluminum frames. Exteriors are clad in stucco and accented by irregularly -shaped cultured stone veneer (Walnut Southern Ledgestone) around various windows. Building colors consist of off-white, yellow, light brown, salmon and maroon. Sloping roof elements (3.5:12 and 5:12 pitches) are covered in flat concrete tiles in various shades of green (i.e., Grass Valley Blend). Trash enclosures are located behind buildings within the parking lot areas and are accessible to service delivery personnel. Open parking stalls, measuring 9'-0" wide by 17'-0" long, are proposed abutting two-way aisles with access driveways proposed onto Corporate Centre Drive. The decorative driveway access points are to be shared between each of the three buildings. On -site parking for 118 vehicles is provided on the north side of the project, at a ratio of one space per 249 square feet; 55 of the spaces (46%) are to be covered by metal carport structures. Parking spaces are located three feet to over 35 feet from property line boundaries. A six-foot wide pedestrian sidewalk is proposed on the north side of each building and Building #2 has a pedestrian sidewalk on its east side that connects the on -site sidewalk to the existing sidewalk on Corporate Centre Drive. Physically challenged parking spaces are located in close proximity to the building entrances in order to comply with A.D.A. (Americans with Disabilities Act) statutes. Building pads will be approximately 2'-0" to 4'-0" lower than the than height of the adjacent street curb. The applicant's grading plan shows parking lot and building runoff being directed to the regional stormwater channel to the north as allowed by Condition #31 of Specific Plan 99-036. Landscaping plans have not yet been submitted. It will need to be approved by the Community Development Department and Architecture and Landscape Review Committee prior to issuance of a building permit. s 0J Architecture and Landscape Review Committee (ALRC) - The ALRC reviewed this request at its meeting of April 7, 2004 and on a 2-0-1 vote, adopted Minute Motion 2004-013, recommending approval, subject to conditions (Attachment 4). See Condition #31. Under Section 2.90 of the Specific Plan, the landscape concept shall follow "a desert oasis theme emphasizing water efficient materials exhibiting color and form. Parking areas in the commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphics." Public Notice - This request was advertised in the Desert Sun newspaper on April 30, 2004 and mailed to affected property owners as required by Section 9.200.1 10 of the Zoning Code on April 20, 2003. No written correspondence has been received. Public Agency Review - A copy of this request has been sent to all applicable public agencies and City Departments on March 24, 2004. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. MANDATORY FINDINGS: Findings necessary to approve the Site Development Permit per Zoning Code Section 9.210.010 can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2004-_, approving Site Development Permit 2004-804, subject to the attached Findings and Conditions of Approval. Attachments: 1. Specific Plan Location Map 2. SDP 02-734 Site Plan, Sky West 3. SDP 04-804 Site Plan, J. Paul 4. ALRC Minutes of April 7, 2004 5. 11 " by 17" Development Plans (Planning Commission only) Prepared by: Greg Trduidell, Associate Planner 31 PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ARCHITECTURE PLANS FOR CONSTRUCTION OF THREE COMMERCIAL BUILDINGS ON 2.23 ACRES, SUBJECT TO CONDITIONS CASE NO.: SITE DEVELOPMENT PERMIT 2004-804 APPLICANT: JAMES PAUL WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 to day of May, 2004 hold a duly noticed Public Hearing to consider the request of James Paul to approve the architecture plans for three commercial office buildings (29,360 square feet total) located at 79-180 through 79-240 Corporate Centre Drive in the Commercial Park (CP) Zone District within Specific Plan 99-036 Amendment #2 (Planning Area #1), more particularly described as: Assessor's Parcel Numbers: 649-020-056 through -058 Lots 3-5 of Parcel Map 29351 WHEREAS, the Architecture and Landscape Review Committee, did on the 71' day of April, 2004, at a regular meeting, recommended approval of the architectural plans by adoption of Minute Motion 2004-013, subject to conditions; and WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the Community Development Director has determined this request has been previously assessed in conjunction with Environmental Assessment 99-383, prepared for Specific Plan 99-036, for which a Mitigated Negative Declaration of environmental impact was certified by the City Council on September 7, 1999, by Resolution 99-110, and that no changed circumstances, conditions, or new information has been provided that would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21 166; 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 pursuant to Section 9.210.010 of the Zoning Code: P:\Reports - PC\PC 5-11-04 Folder\Sdp804JPaul pc reso FINAL.doc Planning Commission Resolution 2004-_ Site Development Permit 2004-804, J. Paul May 11, 2004 Page 2 1. Consistency with General Plan. The proposed commercial office buildings are in a Commercial Park land use area, which encourages uses such as warehouses and storage facilities, offices, high technology centers, and automotive repair facilities. The commercial office building is also consistent with the policies and goals of Specific Plan 99-036 (Amendment #2) in that projects in a Commercial Park area shall be developed in a "campus -like" setting, which is the overall intent of the partially completed 23.7-acre master planned development. 2. Consistency with Zoning Code. The proposed office buildings are consistent with the development standards of the Commercial Park (CP) Zoning District, and have been designed to comply with the development standards of Specific Plan 99-036 (Amendment #2) with regard to setbacks, building heights and shared parking requirements. Future land uses for the proposed buildings shall be consistent with the land use table contained in SP 99-036 for the Commercial Park District. 3. Architectural Design. The proposed architectural design elements of the commercial project are consistent with the adopted design guidelines of Specific Plan 99-036 in that facade elements are staggered and different materials are planned to enhance the architectural style used in adjacent buildings. The combination of two one-story buildings and a two-story building enhances the streetscape view. Buildings up to 35 feet high are allowed in a Commercial Park District and Planning Area #1 within Specific Plan 99-036, as proposed. The use of flat tiles for pitched roof features is consistent with Site Development Permits 2003-780 and 2003-781, and will complement the development project planned for SP 99-036. 4. Site Design. As conditioned, the proposed project site is designed to be consistent with the circulation pattern for Planning Area #1 within Specific Plan 99-036 and complements surrounding commercial land uses. Public access to the proposed office buildings will be adequate in that vehicular and pedestrian access will be via hardscape surfaces surrounding the buildings. The proposed project is physically suitable for the 2.23-acre property (i.e., three parcels) and only requires two access driveways on Corporate Centre Drive. Decorative carport structures supplement the project's architecture and enhance the marketability of the development to perspective tenants. 06 Planning Commission Resolution 2004-_ Site Development Permit 2004-804, J. Paul May 11, 2004 Page 3 5. Landscape Design. As conditioned, a proposed landscape plan shall be submitted to the City's Architecture and Landscape Review Committee before working drawings are presented to the City for final approval, ensuring consistency with the desertscape landscape guidelines of Specific Plan 99-036. A variety of plant materials shall provide screening of parking areas and building facades. 6. Sign Program. As conditioned, the proposed signs for the commercial tenants shall be submitted to the Planning Commission for approval as required by Chapter 9.160 of the Zoning Code. 7. Lighting Design. As conditioned, exterior lighting for security is consistent with the City requirements to provide a variety of lighting types with cutoff fixtures ensuring glare is not created. Parking lot light fixtures shall be limited to an overall height of 24 feet high. 8. Infrastructure. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is in a developed urban area where services are provided. 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; and 2. That the project (formerly Site Development Permit 2002-734) is in compliance with the provisions and conditions of Specific Plan 99-036 (Amendment #2) and Environmental Assessment 99-383 as designed; and 3. That it does hereby approve Site Development Permit 2004-804 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 Planning Commission, held on the 11 th day of May, 2004, by the following vote, to wit: 00 Planning Commission Resolution 2004-_ Site Development Permit 2004-804, J. Paul May 11, 2004 Page 4 AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California 'U PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2004-804, J. PAUL MAY 11, 2004 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain applicable permits and/or clearances from the following agencies, if applicable or required: Fire Marshal Public Works Department (Grading Permit, Improvement Permit) Community Development Department (CDD) Riverside Co. Environmental Health Department (RCEHD) Desert Sands Unified School District (DSUSD) Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) SunLine Transit Agency Waste Management of the Desert The applicant is responsible for all requirements of the permits or clearances from the above listed agencies and departments. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 11. P:\Reports - PC\PC 5-11-04 Folder\SDP804 pc coa FINAL Am Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 2 PROPERTY RIGHTS 3. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights 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. 4. 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. 5. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the SDP 2004-804 Site Plan. 6. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur, in particular the access drive on the northerly end of the westerly boundary of Parcel 3 on to Parcel 2 as shown on the Site Development Permit Site Plan. 7. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, the approval for grading is subject to the Applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 8. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Site Development Permit and the date of final acceptance of the on and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. I;) Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 3 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. 9. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 10. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Site Development Plans: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. ADA requirements shall include as a minimum 1) ADA accessibility routes between buildings and to public streets, 2) all building doorways indicated, and 3) ADA sidewalk curb ramps and handicapped parking stalls. 11. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 13 Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 4 12. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. GRADING 13. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 14. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 15. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 14 Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 5 A statement shall appear on the grading plan that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 16. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 17. Building pad elevations shall be consistent with the mass grading elevations as shown on the approved mass grading plans for Parcel Map 29351. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 18. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved SDP 2004-804 Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 19. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 15 Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 6 DRAINAGE 20. Stormwater facilities shall conform with the approved hydrology and drainage report for The La Quinta Corporate Centre. Nuisance water shall be disposed of in an approved manner. 21. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this Site Development Permit excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for meeting these potential obligations. UTILITIES 22. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. PARKING LOTS AND ACCESS POINTS 23. The design of parking facilities shall conform to LQMC Chapter 9.150. 24. Entry drives, main interior circulation routes and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 25. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated 16 Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 7 traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas 3.0" a.c./4.50" c.a.b. 26. 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. 27. General access points and turning movements of traffic are limited to the following: Primary Entries — Two (2) entries from Corporate Centre Drive are allowable as shown on the site development site plan. Both entries will have full turning movements. 28. Parking lot aisles shall be a minimum width of 26'-0" unless otherwise prescribed by the City Engineer. LANDSCAPING 29. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 30. Landscape and irrigation plans (three copies) shall be signed and stamped by a licensed landscape architect, or professional landscape designer, subject to the rules and regulations of Chapter 8.13 of the Municipal Code. The applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal of the final plans to the Community Development Department. Plans are not approved for construction until signed by the Community Development Department. 31. The landscaping plan shall indicate the following design elements: I pI Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 8 A. The trees used throughout the site shall be eight to ten feet in height with a minimum container size of 24" box and a minimum trunk caliper size of 1.5-inch per SP 99-036. B. Granite rock boulders shall be placed randomly along the site's frontage in locations acceptable to the City, developer and landscape designer. The boulders shall be placed so that they look natural and they shall be partially buried into the parkway mounding. C. Perimeter walls shall be partially covered with vines planted every fourth parking stall in lieu of shrubs being installed in small planters that measure less than five feet wide. Decomposed granite, or small sized gravel, shall be used for groundcover of parking lot planters. D. The preliminary landscape plan 0 " = 20' scale) shall be submitted to the Architectural and Landscape Review Committee for approval before working drawings are submitted to the Community Development Department. The plan shall show all plant materials and plant sizes. E. The perimeter setback and parkway areas in the street right-of-way shall be shaped with earthen berms, pursuant to Section 9.100.040(B7), LQMC. Landscape areas shall have permanent irrigation improvements. Spray head irrigation nozzles shall be placed a minimum distance of 18 inches away from public street curbs. QUALITY ASSURANCE 32. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 33. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 34. 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. -1� Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 9 35. 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 36. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 37. 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. FIRE DEPARTMENT Conditions are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. Final conditions will be addressed when architectural building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of the Fire Department conditions should be referred to the Fire Department Planning & Engineering staff. 38. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along vehicular travel ways. 39. Blue dot reflectors shall be placed in the street 8-inches from centerline of the side that the fire hydrant is on, identify the fire hydrant locations. 40. The water mains shall be capable of providing a potential fire flow of 2,500 g.p.m. and the actual fire flow from any hydrant shall be 1,500 g.p.m. for a three-hour duration at 20-psi residual operating pressure. 13 Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 10 41. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note also that FDC's must be at least 25 feet from the building and may not be blocked by landscaping, parking stalls or anything that may restrict immediate access. 42. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 43. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 44. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 45. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior 'to any combustible building material being placed on an individual lot. 46. Fire Department street access shall come to within 150 feet of all portions of the 1" floor of all buildings, by path of exterior travel. Minimum road width is 20 feet clear and unobstructed with a vertical clearance of 13.5 feet clear. Turning radiuses shall be not less than 38 feet outside. 47. Any operation that produces grease-ladden vapors will require a hood/duct system for fire protection (i.e., restaurants, etc.). 48. 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. Streets shall be a minimum 20 feet wide with a height of 13'-6" clear and unobstructed. 49. Install a KNOX key lock box on each building. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. 50. Install portable fire extinguishers as required by the California Fire Code. Planning Commission Resolution 2004- Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 11 51. Any submissions to the Fire Department are the responsibility of the applicant. 52. The 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. 53. Building address numbers shall be 12-inches high or larger and be visible from the street. MISCELLANEOUS 54. All public agency letters received for this case are made part of the case file documents for plan checking processes. 55. Prior to issuance of a building permit, the following items shall be submitted or shown on the appropriate plan: A. The final exterior lighting plan shall be submitted to the Community Development Department for approval that includes specific details of the fixtures for the landscape lighting and exterior security lighting, including photometric drawings pursuant to Section 9.150.080(K) of the Zoning Code. Pole -mounted parking lot lighting, no higher than 24 feet tall, shall be adequately shielded to prevent glare from being cast onto adjacent properties and placed so that tree growth does not interfere with the lighting needs of the site. B. Roof parapets shall screen all roof mounted mechanical equipment so that they cannot be viewed from adjacent properties. Prior to occupancy of the proposed building complex, a visual inspection shall be made by the Community Development Department from all sides of the building from a distance of 800 feet to confirm that the parapets conceal any roof mounted equipment. C. Weather resistant materials shall be used to construct carport structures (e.g., metal, glu-lams or para-lams, etc.). D. Decorative hardscape (e.g., colored stamped concrete, etc.) shall be used to accent each access driveway on Corporate Centre Drive. 01 Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 12 56. Minor amendments to the architectural plans shall be approved by the Community Development Director. The applicant shall submit a letter outlining plan changes along with drawings to the Community Development Department before working drawings are prepared. Major changes to the overall design of the development shall require Planning Commission review as a public hearing. 57. A master sign program (10 copies) shall be submitted to the Community Development Department for review and approval by the Planning Commission pursuant to Section 9.160.090(D) of the Zoning Code. The sign program shall be submitted during, or before, review of the final construction plans. 58. A minimum of 30% of the on -site parking spaces per building site shall be shaded by carport structures. 59. The location of trash enclosures and recycling plan shall be approved by Waste Management of the Desert, subject to the provisions of Section 9.100.200 of the Zoning Code. The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description of the facilities to be provided for collecting general refuse and recyclable materials. Written proof shall be provided to the Community Devilment Department during plan check consideration. 60. A reciprocal access agreement shall be executed and recorded with the County of Riverside allowing common use of on -site parking facilities and driveway access points between building sites. 61. The location of carport support posts shall comply with Section 9.150.080(B5) of the Zoning Code. Light fixtures shall be mounted to the underside of the carport roofing for nighttime security needs. 62. This permit shall expire on May 11, 2005, unless a one-year time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. A request for a time extension shall be filed with the Community Development Department on, or before, April 11, 2005. 63. In the event that the permittee violates or fails to comply with any of the Conditions of Approval of this permit, no further permits, licenses, approvals, certificates of occupancy shall be issued until such violation has been fully remedied. Planning Commission Resolution 2004-_ Conditions of Approval - Recommended Site Development Permit 2004-804, J. Paul May 11, 2004 Page 13 64. Any applicable conditions of Specific Plan 99-036 shall be met during plan check review. r� ATTACHMENT r-- La E-� o4z �U a U 1— — — a A Q � N V C7 Q R 0 J r 16 — — — _--. — — [ ' / J CC3 I � LnCie Mo pn oN 9� �N w oe 9, 3 32312 �c� ca Leh L a fi e w � tow 4 r O � � b 4eet O c, �ID 0 slimly � rn -- 454.09 co 145, a m 14 U06 o+ ' c0 m �y CC Q W� l'9 90ire,) ed 141.06 I �� 99 co CT. ' a a o r oM -' 3or-at-oos S, WCD V gam• ��B g 8 o'i�'F c- r 6 a V Q � v all! fi1.g �� 11, 4c� a°saym-0 g -iIi , lio 111 en — ATTACHMENT F ! t F 1-.OW tu a m\cc ` r y J co LU �o i �u W ti 2 Q V co �Qz co CLJ V i 2 --- ATTACHMENT 3 .� h d � 9 y i � � e 9 E 0 8 Y ylie ! p Architecture and Landscaping Review Committee April 7, 2004 a. Condit2broved. creativ Unanimously ATTACHMENT 4 ilding to be redesigned to be more B. Site DevelopgFnt Permit 2003-803; a re st of ND La Quinta Partners fQOconsideration of prototype itectural and conceptual plans foiree residential bungalow uni pes. 1. Principal Planner Stan wa presented the information contained in the staff r rt, a copy of which is on file in the Community Develop It Department. Staff introduced John Gamlin and Mark yer, who gave a presentation on the project. 2. Committee mber Thorns stated he has no objection. 3. Commit Member Bobbitt asked if they would be u ' wood for t doors and windows. It has a good loo ut he is con rued about how it will hold up i e weather. tenance will be a consideration of th A. The plant aterial is fine except for the Queen s as it has been recently determined they are not doi ell here in the desert over the long term. �4. There being no further questi " of the applicant, it was moved and seconded by Commit embers Thoms/Bobbitt to adopt Minute Motion 2004- recommending approval of Site Development Permit 003-803, as recommended by staff. Unanimously approved. Site Development Permit 2003-804; a request of James Paul for consideration of three commercial office buildings on 2.23 acres C. s 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. 2. Committee Member Thoms asked the material and color of the roof tile. Mr. Santamaria stated it is a flat concrete tile to look G:\WPDOCS\ALRC\4.7-04 WD.doc 3 Architecture, and Landscaping Review Committee April 7, 2004 slate in a dark green color. Committee Member 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 building, 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 Committee Members Bobbitt/Thoms to adopt Minute Motion 2004-013 recommending approval of Site Development Permit 2003-804, as recommended by staff and amended: a. Condition added: Boulders to be artistically placed under the direction of the owner. Unanimously approved. D. Site Development Permit 2003-805; a of Forrest Haag, ASLA for La Playa Properties for c eration of architectural and landscaping for five prototypic esidential plans to be locatedp-the north side of Avenue 52,. t of Jefferson Street. 1. Associate - finer Wallace Nesbit presQpf6d the information contain in the staff report, a copy which is on file in the Com nity Development Depart t. Staff introduced Forrest H and Frank Stoltz who ga, a presentation on the project. 2 Committee Member Bo discussed the tree list. In regard to the architecture, he no objections. 3. There being ngArther questions of the applicant, Aoff6s moved and secon by Committee Members Thom bitt to adopt Minute tion 2004-014 recommendi approval of Site Deve ment Permit 2003-805, as re mended by staff and am7n'ded: a. Condition added: Eli to the Queen palm and Mesquite trees. Unanimously appro GAWPDOMAL1304-7-04 WD.doc 4 STAFF REPORT PLANNING COMMISSION DATE: MAY 11, 2004 (CONTINUED FROM 4/27/04) CASE NO.: SITE DEVELOPMENT PERMIT 2004-806 APPLICANT: KOHL'S DEPARTMENT STORES, INC. REQUEST: CONSIDERATION OF DEVELOPMENT PLANS FOR THE REMODEL OF THE EXISTING + 127,000 SQUARE FOOT VACANT WALMART BUILDING FOR OCCUPANCY BY KOHL'S DEPARTMENT STORE LOCATION: WEST SIDE OF ADAMS STREET AT THE WHITEWATER CHANNEL, WITHIN THE ONE ELEVEN LA QUINTA SHOPPING CENTER (ATTACHMENT 1) ARCHITECT: GENERAL PLAN: ZONING: ENVIRONMENTAL CONSIDERATION: BACKGROUND: PERKOWITZ AND RUTH ARCHITECTS RC - (REGIONAL COMMERCIAL) CR - (REGIONAL COMMERCIAL) THE LA QUINTA COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW, PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, GUIDELINES SECTION 15301 (EXISTING FACILITIES) The existing 127,154 square -foot building is part of the approved One Eleven La Quinta Shopping Center Specific Plan (SP 89-014). This building was vacated when WalMart relocated to their new Super -center facility in March 2004. The building is essentially an intact shell structure that has been sealed for security purposes. PROJECT PROPOSAL: Kohl's Department Stores proposes to occupy a portion of the existing building. The primary changes involve redesign of the existing building elevations, and converting the current garden center and garage areas to interior retail spaces. Kohl's will occupy approximately 115,000 square feet of the building space, while PAReports - PC\PC 5-11-04 Fo1der\sdp806 pc rpt FINAL.doc a separate retail space of 29,141 square feet will be created out of the former automotive and garden centers. This will include an addition of about 3,000 square feet to enclose the area between the garages and the main building at the east elevation. Internal improvements will be limited to those required to convert the occupancy for the department store use, and the future 29,000 square feet of retail spaces. The revised building elevations incorporate the general architectural theme set forth in the approved One Eleven Center Specific Plan, and shares similarities in design with other existing buildings in this complex, including colors. The most notable variation is the lack of shed roof and tile treatments that are employed in other areas of the Center. The revisions are a marked improvement over the existing WalMart elevations. In regard to landscaping, the primary improvements will consist of the replacement of landscaping for the parking lot, planter and other areas surrounding the building; and a landscape plan for those areas is provided. These improvements are intended to address prior problems with the landscaping during WalMart's tenure at the site, as well as accent the lengthy wall expansions to provide visual relief along front and rear elevations. Architecture and Landscape Review Committee (ALRC) The ALRC reviewed this request at its meeting of April 7, 2004, and on a 2-0-1 vote, adopted Minute Motion 2004-015, recommending approval of the proposed project (Attachment 4). The ALRC did recommend that the following conditions be included in approval of the project: 1. Addition of Washingtonia Robusta palm trees to the north (rear) and south (front) planters, with no shrub species, in order to vary the elevation relief. 2. The planter islands in the parking lot shall include only one tree instead of two (overcrowded). 3. All planter areas to use decomposed granite and boulders as groundcovers. The applicant has addressed many of the ALRC concerns in their revised plans which have been incorporated with this report. However, these items have been incorporated into the approval conditions to insure plan check compliance. Public Notice This request was advertised in the Desert Sun newspaper on April 17, 2004 and mailed to all property owners within 500 feet of the project site. To date, no correspondence has been received. PARepors - PC\PC 5-11-04 Fo1der\sdp806 pc rpt FINAL.doc Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. MANDATORY FINDINGS: As required by Section 9.210.010 (Site Development Permits) of the Zoning Code, all findings can be met as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2004- _, approving Site Development Permit 2004-806, subject to findings and conditions. Attachments: 1. Location Map 2. Proposed Site Plan 3. Proposed Building Elevations 4. ALRC Minutes of April 7, 2004 (Excerpt) Prepared by: Wallace Nesbit, Associate Planner PAReports - PC\PC 5-11-04 Folder\sdp806 pc rpt FINAL.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR REMODEL OF A ± 127,154 SQUARE FOOT COMMERCIAL/RETAIL BUILDING, SUBJECT TO CONDITIONS CASE NO: SITE DEVELOPMENT PERMIT 2004-806 APPLICANT: KOHL'S DEPARTMENT STORES, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 271h day of April, and 11" day of May, 2004, hold duly - noticed Public Hearings to consider a request to approve Site Development Permit 2004-806, development plans for remodel of a ± 127,154 square foot commercial/retail building, located on the west side of Adams Street at the Whitewater Channel, in the 111 La Quinta Shopping Center, more particularly described as: PARCEL 6 OF PM 25865 WHEREAS, the Architecture and Landscape Review Committee, did on the 71h day of April, 2004, at a regular meeting, recommended approval of the architectural and landscaping plans by adoption of Minute Motion 2004-015 on a 2- 0-1 vote; and WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the Community Development Director has determined this request is Categorically exempt from review under CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, at said Public Hearings, 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 pursuant to Section 9.210.010 of the Zoning Code: 1. Consistency with General Plan. The proposed remodeling is in a Regional Commercial designated area that encourages retail and office uses on a regional scale and in close proximity to arterial thoroughfares. This retail use, as designed, complies with the overall development concept of the approved Specific Plan and the City's General Plan Land Use guidelines. 04 PAReports - PC\PC 5-11-04 Fo1der\sdp806 reso FINAL.doc Planning Commission Resolution 2004- Site Development Permit 2004-806 Kohl's Department Stores, Inc. May 11, 2004 2. Consistency with Zoning Code. The proposed building remodel is consistent with development standards of the Regional Commercial Zoning District as applicable, with regard to setbacks, building height, and parking requirements based on the proposed Conditions of Approval. The proposed remodel does not affect and is consistent in structural design with the existing building, and architecturally compatible with other surrounding area commercial buildings. 3. Architectural Design. The proposed architectural design of the one-story building remodel reflects the design guidelines for Specific Plan 89-014, through the use of consistent building materials and other architectural elements that will create a compatible appearance with other existing structures in the center. 4. Site Design. As conditioned, the proposed project will not be contrary to the existing design features established under Specific Plan 89-014. 5. Landscape Design. Minor landscape improvements around the proposed building pad and existing parking area are being requested which will improve the general design and concept of the overall area landscaping, and will serve to accent the revised architecture for the building and provide parking lot shade. 6. Infrastructure. There are adequate existing provisions for water, sanitation, and public utilities to ensure that the proposed building will not be detrimental to public health and safety. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the project is in compliance with the provisions and conditions of Specific Plan 89-014; 3. That public hearing notices were mailed to adjacent property owners by the Community Development Department and posted in the Desert Sun newspaper on April 17, 2004, as required by Zoning Ordinance provisions; and PAReports - PC\PC 5-11-04 Folder\sdp806 reso FINAL.doc Planning Commission Resolution 2004- Site Development Permit 2004-806 Kohl's Department Stores, Inc. May 11, 2004 4. That it does hereby approve Site Development Permit 2004-806 for the reasons set forth in this Resolution, subject to the Conditions attached hereto, and labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on the 1 1 th day of May, 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 0b PAReports - PC\PC 5-11-04 Folder\sdp806 reso FINAL.doc PLANNING COMMISSION RESOLUTION 2004- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2004-806 KOHL'S DEPARTMENT STORES MAY 11, 2004 re19011:1:7AN 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Encroachment/Improvement Permit) • Building and Safety Department • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. Where the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. IMPROVEMENT PLANS 3. The following improvement plans shall be prepared and submitted for review and approval by the City: A. "Site Development Plans" shall normally include all surface improvements, including but not limited to: parking lot improvements or revision to existing parking lot layouts, finish grades, curbs & gutters, ADA requirements, retaining and perimeter walls, etc. ADA accessibility to public streets, adjacent buildings and existing handicap !) 7 PAReports - PC\PC 5-11-04 Fo1der\sdp806 pc coa FINAL.doc Planning Commission No. 2004- Conditions of Approval - Recommended Site Development Permit 2004-806 Kohl's Department Stores, Inc. May 11, 2004 Page 2 parking shall be shown on the Site Development Plans at a scale to be determined by the Public Works Department. Site Development Plan: 1 " = 30' Horizontal Off Site Street 1 " = 40' Horizontal; 1 " = 4' Vertical Plans for improvements not listed above shall be in formats approved by the City Engineer. B. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. C. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT AGREEMENT 4. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of the development or building permit, reimburse the City for the cost of those improvements. UTILITIES 5. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. Planning Commission No. 2004- Conditions of Approval - Recommended Site Development Permit 2004-806 Kohl's Department Stores, Inc. May 11, 2004 Page 3 6. 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. PARKING LOTS AND ACCESS POINTS 7. The applicant shall reconfigure the existing parking facilities to conform to LQMC Chapter 9.150, particularly drive isle width and parking stall marking design requirements. 8. General access points and turning movements of traffic are limited to the existing access points. CONSTRUCTION 9. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 10. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 11. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 12. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. r) 9 Planning Commission No. 2004- Conditions of Approval - Recommended Site Development Permit 2004-806 Kohl's Department Stores, Inc. May 11, 2004 Page 4 FIRE MARSHAL 13. A site inspection prior to occupancy will be required by the Fire Department to verify compliance with the conditions listed under this Section. All submissions to the Fire Department are the responsibility of the applicant. 14. Blue dot reflectors are to be placed in the pavement 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 15. Tenant improvement plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 16. Any fire sprinkler changes will need to be submitted to the Fire Department for plan check. The existing fire sprinkler system will need a current certification sticker on the riser, dated with -in the last 5-years. 17. Any commercial operations that produce grease -laden vapors will require a Hood/duct system for fire protection (restaurant use, etc.). 18. 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. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. 19. Verification that a KNOX key box is installed on the building (contact the Fire Department for an application, if needed). 20. Install portable fire extinguishers as required by the California Fire Code. MAINTENANCE 21. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. 22. The parking areas within the limits of Parcel 6, PM 25865, shall be re -striped to incorporate double -hairpin stall markings, as required under Section 9.150.080.B.7, LQMC. This shall be included for review as part of any civil plans as required under Condition #3. � L] Planning Commission No. 2004- Conditions of Approval - Recommended Site Development Permit 2004-806 Kohl's Department Stores, Inc. May 11, 2004 Page 5 23. The applicant shall provide landscaping and park areas. Final landscape and landscaped areas shall be signed and architect. in required setbacks, common lots, irrigation construction plans for all stamped by a licensed landscape 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. 24. The planter landscaping adjacent to building areas and parking island landscape improvements, as proposed, shall meet the following requirements during the plan check process: A. Planter areas along the south building elevations shall incorporate Washingtonia Robusta palm trees generally as shown on the approved elevation exhibit for SDP 2004-806. These areas shall be designed to include a decomposed granite groundcover with accent boulders. This treatment shall also be applied to the north elevation of the building to the extent of the existing planter areas. 25. Parking area islands to be landscaped, as shown on the approved landscape plan concept exhibit for SDP 2004-806, shall incorporate only 1 tree instead of two where shown. These areas shall also be designed to include a decomposed granite groundcover with accent boulders. FEES AND DEPOSITS 26. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC where applicable. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 27. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s), as may be applicable. Planning Commission No. 2004- Conditions of Approval - Recommended Site Development Permit 2004-806 Kohl's Department Stores, Inc. May 11, 2004 Page 6 BUILDING DESIGN 28. Any signing as shown on the approved elevation exhibit is not part of the approval for SDP 2004-806. Signs shall conform to the approved Sign Program for 1 1 1 La Quinta Shopping Center, and shall be approved through the sign permit process as applicable under Chapter 9.160, LQMC. ATTACHMENT 1 PORAE 30 t.5S.,R.7E �tt..CITY OF LA OUINTA �P CASE MAP CASE No. SDP 2004- 806 KOHL'S DEPARTMENT STORES, INC 643.08 BF7-* I SCALE : /V?"S ATTACHMENT 2 ou IAt 'sllud oauotuouayq IlO poorabplg OOOZIA 99N tl juatuljada(l slgo)l :6q padolanaO FX 1 V 9 a�Q do 'uluinb u� s o 1 I LL— m Q , o z , IA\TI T�T1H z3 z C : Y O 1 W I J Orl � -IQ W W yc 11J. IE F- d 7 �SQs9i� °Ws 0LL U e Ya ury } { Y` k� r 0 �I}!IllFy t , i U I L;Z�E Z o_ Q b Z _ > 9=0 d W � b a P ,00000 r ATTACHMENT 3 I I 'mill 11.11111 ial�fd� 000000000000 U) Z O W W m O W F-- x LU 15 ATTACHMENT 4 Architecture and Landscaping Review Committee April 7, 2004 E. Site Development Permit 2004-806; a request of Kohl's Department Stores, Inc. for consideration of architectural and conceptual plans for the renovation of the existing vacant WalMart store located on parcel 6 of Parcel Map 25865, on the west side of Adams Street within the Highway 111 La Quinta Center. 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 Vasilis Pappadatos. Staff noted the signs would not be reviewed at this time. 2. Committee Member Bobbitt stated he has no objection to the design. He asked if the planters in the parking lot could be increased in size. He suggested some of the trees be replaced with a different variety. Maybe in a pattern using different species of trees. 3. -Committee Member Thoms asked that the south elevation planting spaces be replaced with Washingtonia Robusta with artificial ground cover. In the parking lot, the end islands should have one tree, remove the bougainvillea, and use decomposed granite with boulders. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-015 recommending approval of Site Development Permit 2003-806, as recommended by staff and amended: a. Condition added: South elevation planting spaces shall have Washingtonia Robusta and no shrubbery, but artificial ground cover such as pavers with boulders. b. Parking lot islands shall have one tree 'With no shrubbery. C. The south and north elevations shall have Washingtonia Palms planted to break up the rear elevation. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMITTEE MEMBER ITEMS: 16 G:\WPDOCS\ALRC\4-7-04 WD.doc 5 PH #C PLANNING COMMISSION STAFF REPORT DATE: MAY 11, 2004 CASE NO.: VILLAGE USE PERMIT 2004-023 REQUEST: CONSIDERATION OF ARCHITECTURAL PLANS FOR THE EXPANSION AND REMODEL OF AN EXISTING SERVICE STATION LOCATION: 77-985 AVENIDA MONTEZUMA (ATTACHMENT 1) APPLICANT: NEWALL INVESTMENT SERVICES ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT PER SECTION 15301 OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). GENERAL PLAN/ ZONING DESIGNATIONS: VILLAGE COMMERCIAL/VILLAGE COMMERCIAL SURROUNDING USES NORTH: PUBLIC PARKING LOT SOUTH: POST OFFICE EAST: CALLE ESTADO/ VALLEY INDEPENDENT BANK WEST: TEDDY'S RESTAURANT BACKGROUND: Site Background The project site is approximately 10,454 square feet in size and located at the southwest corner of Avenida Bermudas and Avenida Montezuma. P:\Reports - PC\PC 5-11-04 Folder\vup 04-023 pc rpt.doc The site is improved with a service station, including a 1,467 square foot automobile repair facility. The service station operates from 6:00 AM to 7:30 PM, Monday through Saturday, and 8:00 AM to 6:00 PM on Sunday. Project Request The applicant proposes to expand the existing building by 277 square feet to the south of the building and use the additional space for storage purposes. The facility is proposed to be converted to a convenience store, a use permitted within the Village Commercial district. The remodel will involve the removal of the metal roof tiles, garage doors, and stone and addition of two-piece mission roof tiles, windows, doors, accent ceramic the trim, and earth -toned colored stucco (see Attachment 2). The roof over the pumps shall be modified to include a parapet with matching roof tiles. The columns shall be stuccoed and painted to match the building. The service station proposes to operate from 6:00 AM to 9:00 PM, Monday through Sunday. No landscape areas exist on the site; the planter at the corner of Avenida Bermudas and Avenida Montezuma is within the City right-of-way. The applicant is working with the City to replace the landscaping. The planter along the southern property line is on the adjacent property. The applicant has been working with the owner to improve the planter. Access is available from Avenida Bermudas and Avenida Montezuma. The Zoning Code requires 10 parking spaces plus one space per 250 square feet of the building's gross floor area, or 17 spaces total. The site could accommodate approximately 16 spaces, including automobiles parked at the pumps. Staff has determined that the parking is adequate for this use because parking will also be available on the street as well as north of this site in the public parking lot. Public Notice This application was advertised in the Desert Sun newspaper on April 29, 2004. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Code. To date, no comments have been received. PAReports - PC\PC 5-11-04 Folder\vup 04-023 pc rpt.doc Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. Architectural and Landscape Review Committee (ALRC The ALRC reviewed the request at their meeting of May 5, 2004 and recommend approval of the proposed improvements with the condition that the applicant includes a mission -style stucco finish. STATEMENT OF MANDATORY FINDINGS: The findings necessary to approve Village Use Permit amendment can be made, as noted in the attached Resolution with the following exception: 1. No sign program has yet been submitted for the project site. A condition has been included that requires the approval of both a sign program and a conforming sign permit. RECOMMENDATION: Adopt Planning Commission Resolution 2004-_, approving Village Use Permit 2004-023, subject to the findings and conditions. Attachments: 1. Site Plan 2. Improvement plans, separate (Planning Commission only) Prepared and Submitted by: Oscar W. Orci, Planning Manager 113 PAReports - PC\PC 5-11-04 Folder\vup 04-023 pc rpt.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR THE EXPANSION AND REMODEL OF THE EXISTING SERVICE STATION ON THE SOUTHWEST CORNER OF AVENIDA BERMUDAS AND AVENIDA MONTEZUMA. CASE NO. VILLAGE USE PERMIT 2004-023 APPLICANT: NEWALL INVESTMENT SERVICES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of May, 2004, hold a duly noticed Public Hearing for Newell Investment Services to review a Village Use Permit for development plans to expand and remodel an existing service station, (Village Gas) on the southwest corner of Avenida Bermudas and Avenida Montezuma, more particularly described as: APN 773-104-036 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings approving said Village Use Permit: 1. The proposed Village Use Permit is consistent with the General Plan goals, policies, and programs relating to the Village Commercial land use designation, and supports a mix of commercial uses within the Cove. 2. The proposed Village Use Permit is consistent with the Zoning Ordinance, and implements the standards of Village Commercial. 3. This project is categorically exempt from California Environmental Quality Act (CEQA) per Section 15301 of the Guidelines for Implementing CEQA. 4. The proposed Village Use Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform to the City's standards and requirements. 5. The proposed Village Use Permit complies with the architectural design guidelines of the Village at La Quinta Design Guidelines, and implements the high quality standards called for in that document. 6. The site design is compatible with surrounding development. li PAReports - PC\PC 5-1 1-04 Folder\vup 04-23 reso.doc Planning Commission Resolution 2004- Newell Investment Services Village Use Permit 2004-023 Adopted: May 11, 2004 7. Although the site contains no landscape the applicant is working with the City as well as the adjacent property owner to rehabilitate the landscape surrounding the project site. The landscaping will comply with the landscaping standards and palette in the Village at La Quinta Design Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby approve Village Use Permit 2004-023, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That it does hereby confirm that this Village Use Permit is exempt from the California Environmental Quality Act under Section 15301. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 1 1 th day of May, 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 �� J PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2004-023 NEWELL INVESTMENT SERVICES ADOPTED: MAY 11, 2004 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. a. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any permit by the City, the applicant shall obtain applicable permits and/or clearances from the following agencies: a. Fire Marshal b. Public Works Department (Grading Permit, Improvement Permit) c. Community Development Department d. Riverside Co. Environmental Health Department e. Desert Sands Unified School District f. Coachella Valley Water District (CVWD) g. Imperial Irrigation District (IID) h. California Water Quality Control Board (CWQCB) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. PROPERTY RIGHTS 4. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, and common areas shown on the Village Use Permit. P:\Reports - PC\PC 5-11-04 Folder\vup 04-23 coa.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Village Use Permit 2004-023 — Newell Investment Services Adopted: May 11, 2004 5. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site improvements for this Village Use Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 6. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 7. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. a. Site Development Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. Site Development Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements or revisions, ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets including ADA accessibility route to parking facilities and public streets. 8. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. P:\Reports - PC\PC 5-11-04 Folder\vup 04-23 coa.doc Planning Commission Resolution 2004- Conditions of Approval — Recommended Village Use Permit 2004-023 — Newell Investment Services Adopted: May 11, 2004 9. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. UTILITIES 10. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 11. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 12. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 13. No additional street improvements to Avenida Montezuma or Avenida Bermudas are required, except for: a. A City of La Quinta Decorative Street Light. The applicant shall pay to the City, 100% of the cost for installation and materials of one (1) City of La Quinta Decorative Street Light. 14. Improvements shall be designed and constructed in accordance with City adopted standards. llS P:\Reports - PC\PC 5-11-04 Folder\vup 04-23 coa.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Village Use Permit 2004-023 — Newell Investment Services Adopted: May 11, 2004 PARKING LOTS AND ACCESS DRIVEWAYS 15. Revisions to the parking facilities shall conform to LQMC Chapter 9.150 (Parking) and the latest ADA standards and policies. a. Angled parking stalls shall be provided with wheel stops to protect structures and walls. Parking aisle widths and parking space markings (double four inch wide hairpin stripes) shall be as specified in LQMC Chapter 9.150. QUALITY ASSURANCE 16. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 17. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 18. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 19. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. FEES AND DEPOSITS 20. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). MISCELLANEOUS 21. The applicant shall include a mission -style smooth stucco finish PAReports - PC\PC 5-11-04 Folder\vup 04-23 coa.doc ATTACHMENT # 1 J O/ �J s 1Ap ® 24 TEy� � aaae• _� _ 000 23 E 43 asiaa rr e c ®4 h m /o /03 4 i Q 9q 9 0 ©6 l I �• so a © ® 7 H/DALGO CASE MAP CASE No. SITE =u