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2004 12 28 PCT44t 4 4 Q" Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California DECEMBER 28, 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 2004-107 Beginning Minute Motion 2004-019 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 Regular Meeting of December 14, 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 ................ VILLAGE USE PERMIT 2004-026 Applicant.......... Prest Vuksic Architects for Rob Captiz Location........... North side of Calle Amigo, one lot west of Desert Club Drive Request............ Consideration of the construction of a 6,800 square foot, two story office building. Action .............. Resolution 2004- B. Item ................ ZONING CODE AMENDMENT 2004-081 Applicant.......... City of La Quinta Location........... City-wide Request............ Consideration of an Amendment to La Quinta Municipal Code Chapter 9, Section 9.40.010-Table 9-1 Permitted Uses in Residential Districts; Section 9.80.040-Table 801 Permitted Uses in NonResidential Districts; and Section 9.150.080.M.5.a. and 9.100.040.B.1.a. relating to interior landscaping. Action .............. Resolution 2004- VI. BUSINESS ITEM: A. Item ................ SIGN APPLICATION 2004-827 Applicant.......... Gem Realty Group Location........... 78-900 Avenue 47, north of Avenue 47, west of Adams Street Request............ Consideration of an amended planned sign program for a multi -tenant office building. Action .............. Minute Motion 2004- VII. CORRESPONDENCE AND WRITTEN MATERIAL: None G:\WPDOCS\PC Minutes\PCAgendaW.doc Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of December 21, 2004. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on January 11, 2005, at 7:00 p.m. DECLARATION OF POSTING I, Betty J. Sawyer, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Planning Commission meeting of Tuesday, December 28, 2004, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico, the bulletin board at the La Quinta Cove Post Office, Chamber of Commerce, and Stater Bros. 78-630 Highway 1 1 1, on Thursday, December 23, 2004. DATED: December 23, 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, arrangements should be made in advance by contacting the City Clerk's office at 777-7025. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. 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 December 14, 2004 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Ken Krieger, Paul Quill and Chairman Tom Kirk. C. Staff present: City Manager/Interim Community Development Director Thomas Genovese, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal Planner Fred Baker, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of November 23, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Quill to approve the minutes as submitted. B. Department Report: V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2004-526, General Plan Amendment 2004-103, Zone Change 2004-122, Specific Plan 2004- 074, and Tentative Tract Map 32879; a request of Trans West Housing for consideration of a subdivision of ± 199 acres into 303 single-family residential lots located at the southeast corner of Avenue 54 and Madison Street. G:\WPDOCS\PC Minutes\12-14-04.doc Planning Commission Minutes December 14, 2004 1. Chairman Kirk excused himself due to a potential conflict of interest and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted changes to the Conditions of Approval being requested by the Public Works Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commission Daniels asked staff to explain the timing of the road improvements along Avenue 54. Staff explained the phasing of the road improvements. Assistant City Engineer Steve Speer stated the intent is that the street improvements for Avenue 54 will be installed the later of May 31, 2006 or the 1001h building permit. They must start the improvements within 30 days after that and finish them. They will be continuous and uniform along the entire front of this map and the existing Griffin property. The only difference is that the sidewalk in front of the Griffin property will not meander; it will be curb adjacent and eight feet wide. 4. Vice Chairman Quill asked if there was a trail along this section. Staff stated the public trail is on the other side of the street. 5. Commissioner Daniels asked if the trees would be removed from the parcel that is being developed now, or when the street is improved. Staff stated with the improvement of the street. The earliest the Avenue 54 improvements could occur is May 31, 2006. On Madison Street those trees will also have to come down. 6. Vice Chairman Quill asked if Avenue 54 in front of the Griffin estate would be developed at the same time as the rest of the development except the parkway and sidewalk. Staff stated it will all be done at the same time along Avenue 54. On Madison Street it will be done earlier. Associate Planner Wallace Nesbit noted the applicant would be responsible for removing all the trees. 7. Commissioner Krieger asked about the two access points on Avenue 54 as to how this would be used in conjunction with the Avenue 54 improvements. How will this function with an existing G:\WPDOCS\PC Minutes\12-14-04.doc 2 Planning Commission Minutes December 14, 2004 two lane road. His concern is the amount of traffic on a two-lane road. Staff stated they would generally be placed in their ultimate design location and the roadway and entry would be extended out to their current improvements. 8. Commissioner Krieger asked about the letter from Gayle Cady. Staff explained her request regarding the trail and stated it is a pedestrian hiking trail and staff recommends removing it, it is not equestrian. Commissioner Krieger asked about the second letter from Mr. Gamlin and the undergrounding of the utilities. Staff stated they are conditioned to underground the utilities. 9. Commissioner Daniels asked about the grade differential between this property and the property to the south. Also, is the right of way vacated and how is it disposed of in regard to the trail. Staff stated it was vacated as part of the development of the Norman Course. 10. Commissioner Daniels asked if this would make it consistent with the Hideaway. Staff stated yes, and continued to explain the amendment. 11. Commissioner Daniels clarified this was separated from the Griffin property. Avenue 54 will be improved, but how will the street improvements for the Griffin property be improved. Staff explained there was an agreement based on the timing in the agreement. The Griffin estate would dedicate the land and the applicant would maintain the trees. 12. Commissioner Daniels asked about Street "C", "D", the western end of street "C", street "G", there are four streets coming together; is there any concern where they all come together. Assistant City Engineer Steve Speer stated the circulation was evaluated, but the roundabouts will cause the traffic to slow and the residents will be aware of the street system. 13. Vice Chairman Quill asked about the timing of the Avenue 54 construction, the street will require full bonding from the first phase. Staff stated yes; the City requires two separate agreements for both on and off -site improvements. G:\WPDOCS\PC Minutes\12-14-04.doc 3 Planning Commission Minutes December 14, 2004 14. Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Larry Cohen, The Griffin Group, representing the owner, gave a presentation on the project on behalf of Mr. Mery Griffin. He introduced Barry McComic, Trans West Housing and McComic Consolidated, Inc., developer of the project, who presented the development of the project. Mr. Marvin Roos, MSA Consulting, engineer for the project, continued to describe the project. He asked about the conditions regarding a dedicated right turn lane on Madison Street, the deceleration lane at the project entries, and the wedge curbs. The deceleration lanes are not an issue because there are less than 50 movements per hour, which is the City standard, or in the case of Madison Street, at build out it is projected to be 3100 cars per day. This is a low profile project and the right turn in movement on Madison Street are projected to be only 12 per hour. On the dedicated right turn lane Madison Street onto Avenue 54 at build out they are projecting 43 movements per hour which is less than the standard threshold. At build out of the General Plan the numbers will be high enough for the dual left lanes, therefore they do not object. They would like the wedge curbs be eliminated on streets for the one acre lots. Maybe it could be addressed by making them subject to the City Engineer's approval. 15. Vice Chairman Quill asked if this was intended to be a custom lot subdivision. Mr. McComic stated yes, a combination of custom and production subdivision. Primarily production. They are only designating 20 lots as custom. Trans West will be the contractor on all the houses in the project. Vice Chairman Quill asked if they would be filing three final subdivision maps. Mr. McComic stated one final map with three phases. Vice Chairman Quill asked if they would prefer their internal local streets to be smaller than 36 feet. Mr. McComic stated they would prefer the smaller streets, as a general rule. Vice chairman Quill asked if they would prefer all the private local streets to have the mow strip. Mr. McComic stated yes, it would add to the feel of the project. Vice Chairman Quill asked if the half -acre lots will be allowed to have a horse in the backyard. Mr. McComic stated there will be no horses boarded on any of the lots. The adjoining tract will be developed for the boarding of the horses. Vice Chairman Quill asked if they were requesting to not construct the right turn pocket on the north bound lane onto Avenue 54. Mr. Roos stated that was correct. Vice Chairman Quill then asked if they were requesting to not build G:\WPDOCS\PC Minutes\12-14-04.doc 4 Planning Commission Minutes December 14, 2004 a second left turn pocket. Mr. Roos stated they have agreed to the second left turn at build out. They do not agree that the right turn lane is solving enough problems to remove all the landscaing. Vice Chairman Quill asked if signalization was being required on the main intersections. Assistant City Engineer Steve Speer stated yes, when it meets warrants. They want the turn lanes now even if the signal is not warranted. In regard to the lanes, it has been Council's direction on new projects for Arterial streets to install the right turn lanes. It is a function to get the cars out of the flow of traffic. The right turn lane needs to be at least 100 feet and the curb is only being set back seven feet. 16. Commissioner Ladner asked if a roll curb was acceptable. Assistant City Engineer Steve Speer stated the concern is the advance of the storm water out to the retention basin. If you do not keep it in the street in fixed improvements you have potential for erosion. Staff may consider an alternative if they can come up with a satisfactory drainage method. Staff went on to discuss the problems that had occurred in the past. 17. Commissioner Daniels asked about the trail surface treatment being used. Mr. Roos stated decomposed granite. 18. Vice Chairman Quill asked if anyone else would like to speak on this project. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 19. Commissioner Ladner commended the applicant on the project. She agrees with the staff's concerns on the curbs. 20. Commissioner Daniels stated he had concerns about the internal circulation, but believes the roundabouts will satisfy those concerns. Once the trees are cleaned out, it will greatly improve the area. He would like the improvements to be tied together and he believes staff has addressed the timing. 21. Vice Chairman Quill would like to offer the opportunity to allow the developer to reduce the street width to 28 feet. He would like ensure the right turn pockets on Madison Street remain. If the internal streets are reduced by eight feet it will allow the applicant enough room for the right turn pockets both at the entrance to the project and at Avenue 54. He has a concern with the timing of G:\WPDOCS\PC Minutes\12-14-04.doc 5 Planning Commission Minutes December 14, 2004 the improvements on Avenue 54. There should be an outside date and it should not be tied to building permits. He asked if the improvements to Avenue 54 could be constructed without the sidewalk to the full street width, back of the curb, without the removal of the tamarisk trees in front of the Griffin estate. Mr. Roos stated Rod Grinberg would be more knowledgeable to answer. Assistant City Engineer Steve Speer noted the trees are right at 30 feet of the centerline and the curb at 32 feet. Vice Chairman Quill stated he would like to propose an outside date along with the 100' building permit. The market changes, things happen, and he would not like to see the street unbuilt for ten years. Currently, the earliest date for the construction of Avenue 54 is April 1', 2006. 22. Vice Chairman Quill reopened the public hearing. Rod Grinberg, Trans West Housing, stated the timing is based on the improvements occurring at the end of the season when Mr. Griffin would not be here. He wanted the trees to remain for his privacy. They were using the date and building permit was to ensure the construction would not occur before the end of the 2006 season. Vice Chairman Quill asked if they would be agreeable to adding a sentence to 56.A.2.e. adding, "until issuance of the 100 building permit, but not prior to April 1, 2006, and not later than October 2006 for the construction of the Avenue 54 street improvements." Mr. Grinberg suggested the permit number could be dropped to 50 building permits. Commissioners determined they would be satisfied with the 50 building permits. 23. Vice Chairman Quill closed the public hearing and opened it to Commission discussion. 24. Vice Chairman Quill recommended the applicant be allowed to reduce the street width to 28 feet for private internal local streets. Assistant City Engineer Steve Speer stated the General Plan allows it with the parking being restricted. Vice Chairman Quill asked that the mow strip curbing on the street with the one acre lots be granted. 25. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-097, recommending to the City Council certification of a Mitigated Negative Declaration for Environmental Assessment 2004-526, as recommended. G:\WPDOCS\PC Minutes\12-14-04.doc 6 Planning Commission Minutes December 14, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 26. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-098, recommending to the City Council approval of General Plan Amendment 2004- 103, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 27. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-099, recommending to the City Council approval of Zone Change 2004-122, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 28. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-100, recommending to the City Council approval of Specific Plan 2004-074 as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 29. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-101, recommending to the City Council approval of Tentative Tract Map 32879, as amended: a. Condition #27 amended: "Off -site improvements should be completed on a first priority basis. Particularly, Madison Street improvements shall be completed prior to the issuance of the 25`h building permit of the applicant for the project. Avenue 54 off -site street improvements shall be G:\WPDOCS\PC Minutes\12-14-04.doc 7 Planning Commission Minutes December 14, 2004 completed by the issuance of the 50th building permit or May 31, 2006, whichever occurs later. The applicant shall have all off -site improvements completed and accepted by the City of La Quinta prior to 20% occupancy of the Tentative Tract Map. b. Condition #56.A.2.3.: deleted. C. Condition #56.A.2.e. amended: The applicant shall remove all existing trees adjacent to the Avenue 54 boundary of the Tentative Tract Map. The tree root system shall be removed to three feet below finish grade and as approved by the City Engineer. Tree removal between the west and east sections of the Tentative Tract Map shall be completed, but is not required until issuance of the 50th building permit, but not prior to May 31, 2006. d. Condition #56.A.3. amended: The applicant shall install the traffic signal at the intersection of Madison Street and Avenue 54 when warrants are met. Applicant is responsible for design and installation of the traffic signal. However, the applicant is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. Applicant shall bond for the traffic signal DIF reimbursement amount adjusted for design and installation prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. e. Private internal local streets shall be allowed to be reduced to 28 feet with parking restricted. f. Developer shall be allowed to provide the mow strip curbing on the streets with the one acre lots. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. Chairman Kirk rejoined the Commission. City Manager Thomas Genovese introduced the new Community Development Director Doug Evans who thanked the Commission for the opportunity to serve the City. B. Tentative Tract Map 32751; a request of Grove Partners LQ, LLC for consideration of a subdivision of approximately 9.25 acres into 29 single- family and miscellaneous lots located at the southwest corner of Jefferson Street and Pomelo. G:\WPDOCS\PC Minutes\12-14-04.doc 8 Planning Commission Minutes December 14, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff indicated a letter had been received from the HOA and their issues were being addressed. 2. Chairman Kirk asked about the cul-de-sac length for emergency access. Staff explained. Chairman Kirk asked legal counsel if the Commission must accept the Fire Department standards or are they able to make findings given other circumstances. City Attorney Kathy Jenson stated she would not recommend overriding health and safety concerns. She would need to review the Municipal Code section to see if it could be done, but it could be creating a liability for the City. Chairman Kirk questioned even if the condition created a blight. Discussion continued. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jerry Green, MDS Consulting, representing the applicant, gave a description of the project. The one condition they have issue with is #17 and they would like to request its deletion or amend it to read when all the other open space lots are turned over to the HOA. Staff agreed with the change as long as it was prior to releasing bonds. 4. Commissioner Quill stated there is ample width between the date palm trees for the emergency access out to the entrance and asked why this area could not be considered for the emergency access. Mr. Green stated it belongs to the HOA and they have adamantly denied their request to install it at this location. He noted they will need a temporary access onto Jefferson Street during construction. 5. Commissioner Ladner suggested putting block under sod and it would not appear to be there. 6. Ms. Cindy Zamorez, KSL Developments, stated the HOA is adamant to keep the aesthetics of their entryway unchanged. It is currently owned by KSL and they have an agreement with the HOA to maintained it, and they would not agree to the change. G:\WPDOCS\PC Minutes\12-14-04.doc 9 Planning Commission Minutes December 14, 2004 7. Commissioner Ladner stated it could be done it is just a problem of selling it to the HOA. 8. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. Discussion followed regarding the look of the secondary access proposed. 9. Chairman Kirk suggested the access on Pomelo could be done and if it becomes impossible, it could be brought back. He would prefer there be no secondary access along Jefferson Street due to the potential blight problems. Assistant City Engineer Steve Speer stated it is the City's decision as to whether or not to allow the secondary access. It is a Council decision where the access will go. The City has already predetermined the access points along Jefferson Street. The Commission can recommend they continue to enforce this decision. Discussion followed regarding the tunnel. 10. It was moved by Commissioners Daniels to adopt Planning Commissioner Resolution 2004-102 recommending to the City Council approval of Tentative Tract Map 32751, as amended: a. Condition 8.A.1. third paragraph deleted b. Condition #17: timing on dedication b. Add a condition: Remove the emergency access along Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access be required, it be developed at Pomello at the end of the cul-de-sac. 12. City Attorney Kathy Jenson stated she has an issue with the deletion of the third paragraph as to why they would want to delete a requirement that takes care of damage outside the tunnel. 13. Chairman Kirk stated this was a staff recommendation. Assistant City Engineer Steve Speer stated short of taking the tunnel out, staff thought a reasonable alternative would be to fill it with slurry to the top. The applicant is adamantly opposed to having the continuing burden imposed on this project. It is a City Council decision as to whether it is deleted. G:\WPDOCS\PC Minutes\12-14-04.doc 10 Planning Commission Minutes December 14, 2004 14. City Manager Thomas Genovese stated the concern of staff is that if the tunnel is removed, we have less concern. If it is a different type of repair, we do not want to place any obligation on the City if the tunnel is filled and not removed. 15. Commissioner Quill stated he does not believe there is any burden on the part of the property owners, HOA, Citrus Course, KSL, or anyone to operate, own, or maintain the tunnel. So if it failed it would be the City's responsibility. City Attorney Kathy Jenson stated it is an encroachment on a City street. Assistant City Engineer Steve Speer stated the City does have an Agreement. City Attorney Kathy Jenson apologized as she had not seen the Agreement, but she would not want see a condition changed that would modify an obligation that exists. Commissioner Quill stated to require them to remove the tunnel would be a waste of their funds and problems would result. City Manager Tom Genovese stated we are not adding any burden as it already exists. 16. Chairman Kirk asked if the Agreement was changing from who currently has it to Grove Partners, LLC. The public hearing was reopened. 17. Mr. Green, stated he has no knowledge of the Agreement. The applicant is opposed to assuming the liability. They are willing to work with staff to abandon the tunnel to ensure it will not fail, but the burden of filling it is impossible. 18. Commissioner Ladner asked if the Agreement was not transferred when the property was purchased. 19. Commissioner Quill stated that any agreement between the City and the landowners of both sides of the street at that time, would have had to have been assignable to all successors and assigns and would be the burden of the HOA and all the property owners within the Citrus and Mountain View as they are today. City Attorney Kathy Jenson stated that was a fair assumption but she would recommended the condition remain which would give staff time to review and make a recommendation to the City Council. 20. Chairman Kirk closed the public hearing. G:\WPDOCS\PC Minutes\12-14-04.doc 11 Planning Commission Minutes December 14, 2004 21. Commissioner Daniels amended his motion to not include the deletion of the third paragraph of Condition 8.A.1, subject to further investigation by the applicant and City Attorney. The motion was seconded by Commissioner Ladner. 22. Commissioner Quill asked that the City Council be made aware of their comments and desire for the existing Agreement be found. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2004-817: a request of Washington 1 1 1 L.T.D. for consideration of development plans for construction of three commercial retail buildings consisting of 5,270, 5,038, and 9,865 square feet bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street (within Washington Park Commercial Center). Staff noted a change in the conditions to combine Conditions #62 and 64. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels verified the Architecture and Landscaping Review Committee conditions are incorporated in the conditions. Staff stated yes. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bill Sanchez, Washington 1 1 1, developer of the project, gave a description of the project. 4. Chairman Kirk stated there appears to be a drive -through on Pad 4. Mr. Sanchez stated it is an open area similar to the other buildings with a trellis. There will be no drive -through. 5. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. G:\WPDOCS\PC Minutes\12-14-04.doc 12 Planning Commission Minutes December 14, 2004 6. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-103, approving Site Development Permit 2004-817, as recommended by staff and amended. a. Conditions #62 & #64: shall be combined. ROLL CALL: AYES: Commissioners Daniels, Krieger, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None D. Site Development Permit 2004-818 a request of La Quinta Partners North for consideration of architectural plans for two new prototype plans consisting of 3,060 square feet and 3,070 square feet for construction within Tentative Tract map 31816 for the property located at the southwest corner of Westward Ho Drive and Roadrunner Lane. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Krieger asked if there were homes adjacent to this project. Staff stated yes. 3. Chairman Kirk asked why the parkway sidewalk was on Roudel Lane. Associate Planner Wallace Nesbit stated there was discussion on sidewalk width when the original tract was approved. Roudel Lane is currently a dead end street. Assistant City Engineer Steve Speer stated the sidewalk was not stepped back from the curb because it is a rolled curb. He is going to be looking for vertical curb on this tract. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jim Thompson, applicant, stated he is agreeable with the conditions. The original tract showed a vertical curb on Roudel Lane and wedge curb on Roadrunner. There is a ten foot landscape strip on Roadrunner and five foot sidewalk. 5. Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being no further public participation, the public participation portion of the hearing was G:\WPDOCS\PC Minutes\12-14-04.doc 13 Planning Commission Minutes December 14, 2004 closed and open for Commission discussion. 6. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2004-104, approving Site Development Permit 2004-818, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Environmental Assessment 2004-524 and Specific Plan 97-029, Amendment #3; a request of the City of La Quinta Redevelopment Agency for consideration of a certification of a Mitigated Negative Declaration of environmental impact and an Amendment to the existing Centre at La Quinta Specific Plan to add approximately 12.33 acres of land for a Mixed Regional Commercial development located at the southwest corner of Dune Palms Road and Highway 1 1 1. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana introduced RSG Consultant George Britton who presented the information contained in the staff report, a copy of which is on file in the Community Development Department 2. Chairman Kirk asked if there were any questions of staff. Commission Quill asked if this land would be sold to commercial developers. City Attorney Kathy Jenson stated the property was acquired with Redevelopment Agency funds for a portion and City General funds for the remainder to have a portion of the site dedicated to commercial. All of the property would be disposed of to commercial developers as well as a residential developer. The majority of the site will be used for affordable housing. 3. Commissioner Daniels confirmed the Environmental Assessment was for the entire site. Staff stated yes. 4. Chairman Kirk asked if anyone else would like to speak on this project. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 5. Chairman Kirk stated his concern is the design of the Centre and he would like to see a better architectural design for whatever is G:\WPDOCS\PC Minutes\12-14-04.doc 14 Planning Commission Minutes December 14, 2004 proposed. He realizes the need to keep continuity, but it should be improved. City Attorney Kathy Jenson stated the Site Development Permit and Conditional Use Permit as well as the map stage will come before the Commission and they will have the opportunity to review the design at that time. 6. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-105, recommending to the City Council certification of a Mitigated Negative Declaration for Environmental Assessment 2004-524, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 7. It was moved and seconded by Commissioners Ladner/Quill to adopt Planning Commission Resolution 2004-106, recommending to the City Council approval of Specific Plan Amendment 97-029, Amendment #3, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued - Site Development Permit 2004-816; a request of K. Hovnanian Homes/Forecast Homes for consideration of landscape plans for Tract 20092 located at the northwest corner of Avenue 58 and Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk, asked if the applicant would like to address the Commission. The applicant's landscape architect, Tom Segura, gave a presentation on the project and explained how they would alter the design to meet the City's requirements. G:\WPDOCS\PC Minutes\12-14-04.doc 15 Planning Commission Minutes December 14, 2004 3. Commissioner Quill asked if the plant list agreed with CVWD's list. The applicant stated yes. 4. It was moved and seconded by Commissioners Daniels/Ladner to adopt Minute Motion 2004-018, approving Site Development Permit 2004-816, as recommended. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Quill gave a report on the City Council meeting of December 7, 2004. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 28, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:32 p.m., on December 14, 2004. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\12-14-04.doc 16 PH A PLANNING COMMISSION STAFF REPORT DATE: DECEMBER 28, 2004 CASE NO.: VILLAGE USE PERMIT 2004-026 APPLICANT: PREST VUKSIC ARCHITECTS REQUEST: VILLAGE USE PERMIT TO ALLOW THE CONSTRUCTION OF A 6,800 SQUARE FOOT, TWO STORY OFFICE BUILDING LOCATION: NORTH SIDE OF CALLE AMIGO, ONE LOT WEST OF DESERT CLUB DRIVE PROPERTY OWNER: ROB CAPTIZ ARCHITECT: PREST VUKSIC ARCHITECTS LANDSCAPE ARCHITECT: R.M.D. DESIGN GENERAL PLAN/ ZONING DESIGNATIONS: VILLAGE COMMERCIAL/VC DISTRICT ENVIRONMENTAL DETERMINATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THE PROPOSED PROJECT IS AN IN -FILL PROJECT LESS THAN FIVE ACRES IN SIZE. SURROUNDING LAND USES: NORTH: VACANT SOUTH: AVENUE 52 AND FRITZ BURNS PARK EAST: TWO STORY OFFICE BUILDING (BY SAME APPLICANT) WEST: VACANT BACKGROUND: The project site is located on a lot west of the northwest corner of Calle Amigo and Desert Club Drive. A two story office building, constructed by the same applicant, and in the same style as the proposed building, occurs on the lot immediately east of the project site. The two sites are proposed to be connected through the parking area (please see Site Plan, Attachment 2). The project is located in the Village Commercial General Plan and Zoning designations. PROJECT REQUEST The applicant requests approval of a two story office building, with a total gross square footage of 6,800 square feet, on a 16,350 square foot parcel. The total square footage and basic design of the site mirror the building recently constructed on the adjacent lot to the east. Parking and hardscape areas on the north side of the two buildings are proposed to be shared. Some of the architectural and common areas have been changed from the existing building, and are discussed further below. The proposed building would consist of four office suites per floor, with staircases on either end of the building, and a common walkway, or balcony on the northern elevation. The site has also been designed to extend the hardscape on the north side of the building, and create a plaza area for common use, while still providing adequate parking in the rear (northern) end of the site. PLEASE NOTE THAT THE ELEVATIONS IN ATTACHMENT 2 (PLANS) INACCURATELY STATE THAT THE EXISTING BUILDING IS ON THE WEST, AND THE NEW BUILDING IS ON THE EAST ON CALLE AMIGO. THE EXISTING BUILDING IS ACTUALLY ON THE EAST, AND THE NEW BUILDING IS ON THE WEST. Consistency with the Village at La Quinta Design Guidelines The proposed project, being within the boundaries of the Village, must be evaluated for conformance to the Village Design Guidelines. In this regard, the project meets several of the stated guidelines, including: 1. Off-street parking areas shall not be located in the front of the buildings, but to the rear and sides to allow integrated shared parking areas between structures and open up the street frontage to pedestrian access and outdoor activities. 2. Building frontages along streets require adequate space for pedestrian movement, street furnishings and outdoor spaces, but shall also maintain a close proximity to pedestrian travel ways. 3. Buildings shall be designed with appropriate architectural variation and detailing to break up monotonous building elevations. Treatments such as graduated heights, balconies, recessed and extended building sections, staggered setbacks, etc. should be employed. 4. Building mass and scale shall be compatible with that of surrounding structures. 5. Entries into shops and offices shall access directly to a pedestrian oriented street or other pedestrian access; single access multiple tenant buildings should be discouraged. Building Architecture The proposed building will be stucco finished, with a series of arches over the windows. A the roof is proposed. The style of the building will mirror the adjacent building, with the exception of the tower component, which has been modified in this case. The east end of the building will have stone veneers and tile roofs, but the tower element has been reduced in height so that the entire structure will measure 30 feet. The arched windows in the corner of the easterly building have been modified to square windows in the current proposal, with a stone surround. Deep recessed windows will also be provided. Colors proposed for this building will be in dark earth tones, with terracotta accents. Stone and a mixed Spanish the are also proposed to provide visual interest to the walls and roofline, respectively. Access/Parking Access to the site is proposed from Desert Club Drive, through the adjacent existing parking lot. In order to assure long term access is provided, a condition of approval requiring the two parcels to be merged has been added. The merger is required prior to the issuance of building permits. The site plan includes a common parking lot for both the application under consideration and the existing building to the east. A total of 22 parking spaces are proposed with this project, to be added to the 18 parking spaces provided on the adjacent parcel. This represents a reduction from the City's Zoning Ordinance. However, reductions are permitted in the Village Commercial district. Additional parking can be provided on Calle Amigo, in front of the proposed building. The reduction sought is less than that sought for the adjacent building, and will result in one space per 325 square feet of building rentable area. The parking requirement for general office uses is one space per 250 square feet. Landscaping and Plaza Areas Landscaping plans are attached as Attachment 3. Landscaping is proposed to continue the landscaping on the western lot, and include Acacia and Desert Ironwood for trees; Fan Palms, Bird of Paradise and Lantana for shrubbery; and a decomposed granite groundcover. The plaza area provided immediately north of the building, and the lawn and picnic area to the east of the plaza, will expand the available common areas for both buildings. This was an issue of discussion for the existing building, which has been provided with this project. As with the parking area, the common areas will be available to both buildings. Architecture and Landscape Review Committee (ALRC) The ALRC reviewed the elevation plans at their meeting of December 1, 2004, and recommended approval. At the time of review by the ALRC, the landscape plan was not available. The only condition placed on the project by the ALRC was that landscaping plans be reviewed by the Committee when available. This review will occur at the ALRC meeting in January. Public Notice This request was published in the Desert Sun newspaper on December 17, 2004, and mailed to all affected property owners and occupants within 500 feet of the project site as required by Section 9.200.110 of the Zoning Code. To date, no letters have been received. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments on November 3, 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. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.65.040.17 of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: The proposed project is consistent with the General Plan, Zoning Ordinance, and Village at La Quinta Design Guidelines. Therefore, staff recommends: G �a 1. Adoption of Planning Commission Resolution 2004- , approving Village Use Permit 2004-026, subject to the attached Findings and Conditions of Approval. Attachments: 1. Location Map 2. Plan Set 3. Landscaping Plan 4. ALRC Minutes of December 1, 2004 Prepared by: ItCqnsulting Planner �i r PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CONSTRUCTION OF A 6,800 SQUARE FOOT OFFICE BUILDING CASE NO.: VILLAGE USE PERMIT 2004-026 APPLICANT: MR. ROB CAPTIZ WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281h day of December, 2004, hold a duly noticed Public Hearing to consider the request of Rob Captiz for Village Use Permit 2004-026, to allow the construction of a 6,800 square foot office building on a 16,350 square foot lot located on the north side of Calle Amigo, west of Desert Club Drive, more particularly described as: A.P.N.: 770-182-008 WHEREAS, said Village Use 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 Department has determined that the proposed Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Village Use Permit: 1. The proposed Village Use permit is consistent with the La Quinta General Plan, in that it will provide office space as allowed in the General Plan for the Village Commercial land use designation. 2. The proposed Village Use Permit is consistent with the requirements of the La Quinta Zoning Code, in that it will provide uses consistent with those permitted in the Village Commercial district, and meets the standards of this district. 3. The proposed Village Use Permit complies with the requirements of the Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-63), insofar as it has been determined that the project is exempt from CEQA review under Section 15332, Infill Development, and a Notice of Exemption should be filed. P:\Reports - PC\12-28-2004\VUP 026 Prest Vuksic\RESO.doc Planning Commission Resolution 2004- Village Use Permit 2004-026 - Rob Captiz Adopted: December 28, 2004 4. Approval of the proposed Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare, nor injurious to, or incompatible with other properties or land uses in the vicinity, insofar as adjacent properties are in the Village Commercial district, and a nearly identical building is located immediately east of the proposed project. 5. The architectural design aspects of the proposed Village Use Permit, including but not limited to architectural style, scale, building mass, materials, colors, architectural detailing, roof style and other elements are compatible with surrounding development, and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality found in the City. 6. The site design aspects of the proposed Village Use Permit, including but not limited to project entries, parking provisions, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall quality of design found in the City. 7. The project landscaping for the proposed Village Use Permit, including but not limited to location, size, type and coverage of plant materials, has been designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and is consistent with the concepts 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. 2. That it does hereby approve Village Use Permit 2004-026 for the reasons set forth in this Resolution and subject to the attached conditions of approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this the 281" day of December, 2004 by the following vote, to wit: 07 p:\reports-pc\12-28-04\vup 026\reso Planning Commission Resolution 2004- Village Use Permit 2004-026 - Rob Captiz Adopted: December 28, 2004 AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta California ATTEST: THOMAS P. GENOVESE, City Manager/ Interim Community Development Director City of La Quinta, California 0� p:\reports-pc\12-28-04\vup 026\reso PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL — ROB CAPTIZ VILLAGE USE PERMIT 2004-026 ADOPTED: DECEMBER 28, 2004 GENERAL I . 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 Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency 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. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acres or more of land, or that disturbs less than one (1) acres of land, but which is a part of a construction project that encompasses more than one (1) acres of land, the Permitee shall be required to submit a Storm PAReports - PC\ 1 2-28-2004\VUP 026 Prest Vuksic\COA.doc 1 Planning Commission Resolution 2004-_ Conditions of Approval — Rob Captiz Village Use Permit 2004-026 Adopted: December 28, 2004 Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC►: 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 4. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/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 the maintenance, construction and reconstruction of essential improvements. 5. The applicant shall offer for dedication those easements necessary for the placement P:\Reports - PC\12-28-2004\VUP 026 Prest Vuksic\COA.doc 2 Planning Commission Resolution 2004-_ Conditions of Approval — Rob Captiz Village Use Permit 2004-026 Adopted: December 28, 2004 of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the final 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. 7. 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 and off -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. 8. 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. 9. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading Plan (Commercial) 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. On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements P:\Reports - PC\ 1 2-28-2004\VUP 026 Prest Vuksic\COA.doc 3 Planning Commission Resolution 2004- Conditions of Approval — Rob Captiz Village Use Permit 2004-026 Adopted: December 28, 2004 out to at least the center lines of adjacent existing streets including ADA accessibility route to surrounding buildings, parking facilities and public streets. The ADA access route between adjacent buildings shall not be through parking lot areas as well as not be behind parked vehicles other than that of the user. The applicant shall redesign existing handicap striping accordingly. ADA access shall also be provided from the proposed building to Calle Amigo. 10. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 11. 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. GRADING 12. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a precise grading permit approved by the City Engineer. 13. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC, and D. Approved Best Management Plan that includes storm water pollution s. PAReports - PC\ 1 2-28-2004\VUP 026 Prest Vuksic\COA.doc 4 Planning Commission Resolution 2004-_ Conditions of Approval — Rob Captiz Village Use Permit 2004-026 Adopted: December 28, 2004 prevention and erosion control plans prepared by a qualified engineer. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 14. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 15. 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. DRAINAGE 16. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 17. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 18. No additional street improvements are required, except for: Calle Amigo 1) Construct a 6-foot wide sidewalk and perimeter landscaping adjacent to curb along the Calle Amigo boundary. The sidewalk and landscape design shall be approved by the Public Works Department and Community Development Department. 19. Improvements shall be designed and constructed in accordance with City adopted P:\Reports - PC\12-28-2004\VUP 026 Prest Vuksic\COA.doc 5 Planning Commission Resolution 2004-_ Conditions of Approval — Rob Captiz Village Use Permit 2004-026 Adopted: December 28, 2004 standards. PARKING LOTS AND ACCESS POINTS 20. The applicant shall conform to LQMC Chapter 9.150, particularly drive isle width, parking stall dimensions, and parking stall marking design requirements. 21. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas 3.0" a.c./4.5" c.a.b. 22. 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. 23. General access points and turning movements of traffic are limited to the existing access points on Desert Club Drive through the existing parking lot/access drives of the existing property to the east. UTILITIES 24. 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. 25. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. P:\Reports - PC\ 1 2-28-2004\VUP 026 Prest Vuksic\COA.doc 6 Planning Commission Resolution 2004- Conditions of Approval — Rob Captiz Village Use Permit 2004-026 Adopted: December 28, 2004 QUALITY ASSURANCE 26. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 27. The applicant shall employ, or retain, qualified engineers, surveyors, and such of 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. 28. 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. 29. 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 30. 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 31. A lot merger of Assessor's Parcel Number 770-182-008 and the adjacent lot to the east shall be recorded prior to issuance of building permits for the proposed project. 32. Landscaping and hardscape plans for the courtyard shall be submitted for approval by the Architecture and Landscape Review Committee. Landscaping plans shall comply with City and CVWD water efficiency requirements with clearance from the Riverside County Agricultural Commissioner provided. 33. Applicant shall secure approval of all plans, prior to the issuance of grading permits, from the Fire Department. P:\Reports - PC\12-28-2004\VUP 026 Prest Vuksic\COA.doc 7 ATTACHMENT #1 I i.•�ta �.: t0' 3 I 4 I b 1.6 AC I ,o. I 1ao TRA o20.061 I TRA 020.016 12 11 to y is S">. E<rid it 7 r %..'r,"s CASE MAP CASE Nm VUP 2004-02.6% I I l I 26 301 I I I i I I NORTH T SCALE: ATTACHMENT #4 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 1, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:04 a.m. by Principal Planner Stan Sawa who led the flag salute. B. Committee Members present: Bill Bobbitt, Frank Christopher, and David Thorns. C. Staff present: Principal Planner Stan Sawa and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of November 3, 2004.,' Committee Member Thorns asked that Page 4, Item 3 be amended to state, "It should not be brought out into the paved areal...." There being no further changes, it was moved and seconded Committee Members Christopher/Thoms to approve the Minutes as ,corrected. Unanimously approved. V. BUSINESS ITEMS: A. Village Use Permit 2004-026; a request of Vuksic architects. for -- - consideration of architectural and landscaping plans for a 6,800 square foot two story office building located on the north side of Calle Amigo, one lot west of Desert Club Drive. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Dave Prest, project representatives, who gave a presentation on the project and the purpose of the tower. G:\WPDOCS\ALRC\12-1-04 ALRC.doc Architecture and Landscaping Review Committee December 1, 2004 2. Committee Christopher asked where the stone would be applied to the new building. Mr. Prest stated in the new tower around the window and all the way up the tower. The original building was approved with no stone and they added the stone for the affect. 3. Committee Member Thoms stated the color appears to be lighter. Mr. Prest stated the color is as it appears on the color sample board. Committee Member Thorns stated it appears to be lighter. Mr. Prest stated it will match. Committee Member Thorns noted the courtyard area between the buildings. Mr. Prest stated that would be part of the landscape plans. He noted the plans were changed to relocate the trash enclosure to a different location in the parking lot. 4. Committee Member Bobbitt asked the purpose of the building. Mr. Prest stated it has been leased as business offices and no retail. Staff explained comment #5 in the staff report was referring to all entrances will be to the outside; there will be no interior hallways. Staff noted the landscape plans were not available and they would be scheduled for the next ALRC meeting for review. The applicant would be notified that the Committee would like to see some type of "people space" created in this area. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Christopher to adopt Minute Motion 2004-036 recommending approval of Village Use Permit 2004-026, as recommended by staff and amended: a. Landscaping and hardscape plans for the courtyard shall be submitted for approval by the Committee. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None G:\WPDOCS\ALRC\12-1-04 ALRC.doc 2 STAFF REPORT PLANNING COMMISSION DATE: DECEMBER 28, 2004 CASE NO.: ZONING CODE AMENDMENT 2004-081 REQUEST: RECOMMENDATION TO THE CITY COUNCIL TO AMEND CERTAIN SECTIONS OF THE LA QUINTA MUNICIPAL CODE LOCATION: CITY-WIDE APPLICANT: CITY OF LA QUINTA ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE AMENDMENTS TO THE MUNICIPAL CODE ARE EXEMPT PURSUANT TO CHAPTER 2.6, SECTION 21080 OF THE PUBLIC RESOURCES CODE, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUTES, AND SECTION 15268, MINISTERIAL PROJECTS, OF THE CEQA GUIDELINES BACKGROUND: The following is a list of proposed Code changes. These changes are proposed to clarify and carry out the intent of the existing Code, to comply with current practices and to comply with current practices. Section 9.40.010 Table 9-1 — Permitted Uses in Residential District Land Use I RVL RL RC RM RMH RH Fences and walls, subject to Section 9.60.030 1 A P A P A P A P A P A P The Code provisions currently list fences and walls as an accessory use. Staff is proposing to change this to a permitted use to allow a property owner to fence their vacant lot to prevent trespassing or to protect their lot for whatever reasons. As it is currently written it does not provide clarity on how a vacant lot can be fenced. P:\Reports - PC\12-28-2004\ZOA 081 \Staff rpt.doc Section 9.080.040, Table 801 — Permitted Uses in NonResidential Districts I Proposed Addition to Table 9-1 Permitted Uses in Commercial Districts Land UseCR— CP FCC j CN j CT CO ;MC 00 sq/ft Retail stores 10,000 — 50,0C� C C X �X X X floor Retail stores over 50,000 sq/ft floor C C C X X X area Section 9.60.100 of the La Quinta Zoning Code does not allow retail stores 10,000 to 50,000 and retail stores over 50,000 square feet floor in the Commercial Park (CP) designation. Currently, the CP zoning is located south and north of Highway 111 adjacent to Regional Commercial zoning designation. This zoning designation does not follow lot lines. This Amendment allows flexibility in the CP zoning district by requiring a Conditional Use Permit review for such types of uses, thereby assuring compatibility between the two zoning designations. Sections 9.150.080.M.5.a and Section 9.100.040.B.1.a. Staff is requesting an Amendment to these two sections regarding parking lot landscaping to bring them into conformity with each other. Currently, 9.150.080.M.5.a. requires "...landscaping equal to at least 15% of the net project area shall be provided within parking areas". Section 9.100.040.B.1.a. requires, "Landscaping equal to five percent of the net project area shall be provided within parking areas." Staff is requesting the 15% noted in Section 9.150.080.M.5.a be changed to read 5%, as this was the intent, and is the percentage usually used in Zoning Codes. RECOMMENDATION: Adopt Planning Commission Resolution 2004-_ recommending to the City Council approval of Zoning Code Amendment 2004-081, as recommended. Submitted by: _ Nicole Sa�viat Cri4te, Consulting Planner PAReports - PC\ 1 2-28-2004\ZOA 081 \Staff rpt.doc Interim Community Development Director PAReports - PC\12-28-2004\ZOA 081 \Staff rpt.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL, AN AMENDMENT TO CHAPTER 9 SECTIONS 9.40.010-TABLE 9-1, 9,80.040-TABLE 801, 9.150-080.M.5.a. AND 9.100.040.13.1.a.OF THE LA QUINTA MUNICIPAL CODE CASE NO.: ZCA 2004-081 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281h of December, 2004, hold duly noticed Public Hearings to make certain Amendments to the Municipal Code, to change fences and walls as an accessory use to a permitted use; to allow retail stores 10,000 to 50,000 and retail stores over 50,000 square feet floor in the Commercial Park (CP) designation; and change the 15% required landscaping noted in Section 9.150.080.M.5.a to read 5% as stated in Section 9.100.040.B.1.a., as this was the intent and percentage usually used in Zoning Code; and WHEREAS, the Text Amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Code Amendment: 1 . The proposed Amendments are consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed Amendments will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The proposed Amendments support the orderly development of the City. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case. P:\Reports - PC\ 1 2-28-2004\ZOA 081\Reso - code resvisions.doc 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (CEQA) Statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines. 3. That it does recommend approval of Zoning Code Amendment 2004-081 to the City Council for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28th day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: THOMAS P. GENOVESE, City Manager/ Interim Community Development Director City of La Quinta, California PAReports - PC\12-28-200420A 081\Reso - code resvisions.doc Planning Commission Resolution 2004- Zoning Code Amendment 2004-081 Adopted: December 28, 2004 EXHIBIT "A" Section 9.40.010 Table 9-1 - Permitted Uses in Residential District Proposed Addition to Table 9-1 Permitted Uses in Residential Districts Land Use RVL RL RC RM I RMH RH Fences and walls, subject to Section 9.60.030 A P A P A P A P A P A P Section 9.080.040, Table 801 - Permitted Uses in NonResidential Districts ( Proposed Addition to Table 801 Permitted Uses in NonResidential Districts _Land Use �CR��CP CC CN---F CT CO C Retail stores 10,000 - 50,000 sq/ft C C C X X X X floor , j Retail stores over 50,000 sq/ft floor C C C X X X j X area Section 9.150.080.M.5.a and Section 9.100.040.B.1.a. Section 9.150.080.M.5.a. changed to read "...landscaping equal to at least five percent of the net project area shall be provided within parking areas". PAReports - PC\12-28-2004\ZOA 081\Reso - code resvisions.doc STAFF REPORT PLANNING COMMISSION DATE: DECEMBER 28, 2004 CASE NO: SIGN APPLICATION 2004-827 APPLICANT/ SIGN CONTRACTOR: SIGN*A*RAMA PROPERTY OWNER: RICHARD HUGHES, MANAGER REQUEST: CONSIDERATION OF A REVISED SIGN PROGRAM FOR COMMERCIAL OFFICE BUILDING LOCATION: 78-900 AVENUE 47, NORTH SIDE OF AVENUE 47, WEST OF ADAMS STREET ENVIRONMENTAL CONSIDERATION: ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTION 1531 1(a) GENERAL PLAN DESIGNATION: RC (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) BACKGROUND: Site History Planning Commission approved a Sign Program for this 25,240 square -foot 2- story Commercial Office building (on 13.39 acres) located at 78-900 Avenue 47 on January 27, 2004 (Attachment 1). The complex is under new ownership. SIGN PROGRAM PROPOSAL: The applicant requests a revised sign program approval for monument, tenant, and building ID sign areas and locations (Attachment 2). Building -mounted Signs Proposed are sixteen non -illuminated tenant signs, eight on the front elevation fronting Avenue 47, eight on the rear elevation facing the parking lot. Three of the proposed tenant signs are on the second story. All signs are in fixed locations with each sign proposed not to exceed 27 square feet with an "envelope" of 2.5 feet X 12 feet. Each sign is proposed to have non -illuminated black or gold acrylic letters with contrasting black or gold returns. Letter type is proposed to be Helvetica, Optima, or Helvetica Italic. P:\Reports - PC\12-28-2004\SA 04-827 Capital Building\SA 04 827 PC staff rpt.doc Monument Sign One monument sign 8' wide X 5' high is proposed to be located at the driveway entrance to the building. The sign consists of a double sided masonry monument with stucco coated with thick black non -illuminated acrylic copy proposed to read: "78-900 La Quinta Capital Building", with letter sizes of 7 and 9.3 inches. Window Siqns Proposed window and door signs allow one business identification door entrance sign, not to exceed two square feet with a maximum three inch high letters. In addition, one business identification sign is permitted on window panels adjacent to the door entry, not to exceed 12 square feet with a maximum letter height of three inches. Both window and door signs are proposed to be white vinyl with the font type to be Helvetica, Optima, or Helvetica Italic. ANA[ YSIS- With approval of a planned sign program the Planning Commission is allowed to make adjustments to sign areas, number of signs, alternative locations, alternative types, and additional heights if findings can be made. This request requires two sign adjustments: 1) allow 7 inch and 9.3 inch high letters on the proposed monument sign and 2) allow building mounted signs to be a an aggregate of 54 square feet per business. The Sign Code requires that freestanding monument signs have a minimum 10-inch letter; and that building mounted signs be a maximum aggregate of 50 square feet based on leased frontages. Future signs for each tenant will be submitted under the general sign permit process as outlined in the proposed sign program, and will be reviewed for approval by staff using this approved Sign Program. FINDINGS. The following findings can be made in support of the proposed SA 2003-745: A. Sign Application 2004-827 is consistent with the purpose and intent of Chapter 9.160 in that it does not conflict with the standards as set forth in said Chapter. B. Sign Application 2004-827 is harmonious with and visually related to all signs as proposed under the Sign Program since proposed are common letter type and size, color and location of signs. C. Sign Application 2004-827 is harmonious with and visually related to the subject building as the scale of the signs and letter color used accentuate the building design. P:\Reports - PC\12-28-2004\SA 04-827 Capital Building\SA 04 827 PC staff rpt.doc D. Sign Application 2004-827 is harmonious with and visually related to surrounding development, as it will not adversely affect surrounding land uses. E. Sign adjustments to Sign Application 2004-827 can be made in that the proposed signs improve the overall appearance of the project, facilitates good design, provides an orderly and concise signing pattern, and facilitates compatibility with the building architecture. RECOMMENDATION: Adopt Minute Motion 2004- approving Sign Application 2004-827 as submitted. Prepared by: Fred Baker, AICP Principal Planner Attachments: 1. Location Map 2. Sign Program 2004-827 for La Quinta Capital Building ATTACHMP LOCATION ATTACHMENT C' Amended Sign Program For LA QUINTA CAPITAL BUILDING 78-900 47TH STREET La Quinta, CA 92253 Prepared by: Sign -A -Rama 41-945 Boardwalk, Ste. L Palm Desert, CA 92211 Phone: (760) 776-9907 Fax: (760) 776-9844 1. Tenant Signs A. Tenant Signs will be non -illuminated Black or Gold Acrylic face letters with foam backing returns. B. All Tenant Signs designated area will be a maximum of 27 square feet on north and south side of the building. C. All Tenant Signs shall be Helvetica, Optima or Helvetica Italic font. If Tenant has different font choice, they must go through city for approval. 2. Monument Sign: A. Double sided Monument (60in x 961n x 16in) B. Purposed monument sign located on site map C. 9" Letters shall be Black'/z in. acrylic face D. 4" numbers (address)'/4 in. acrylic face E. Non -illuminated F. 4" La Quinta Label with Black acrylic'/4 in face 1 12/17/2004 SIGN PROGRAM For LA QUINTA CAPITAL BUILDING 78-900 47TH STREET La Quinta, CA 92253 Prepared by: Sign -A -Rama 41-945 Boardwalk, Ste. L Palm Desert, CA 92211 Phone: (760) 776-9907 Fax: (760) 776-9844 Eight Copies (8): Elevation Plan with sign locations Double sided monument dimensions Site Plan with monument location A. INTRODUCTION The intent of this Sign Program is to provide guidelines necessary to assure visually appealing signage and achieve a uniform appearance for the benefit of all tenants. This Sign Program shall be strictly enforced and any non -conforming signs shall be removed or brought into conformity by the Tenant or its sign contractor at the Tenant's expense, upon demand by the Landlord. B. GENERAL REQUIREMENTS 1) Landlord must review and approve all tenant signs. See Section H for approval process. 2) Upon Landlord's approval, Tenant shall obtain all applicable permits from the City prior to sign installation. 3) All costs for signs, installation (including any necessary electrical service connections) and permits shall be at the sole expense of the Tenant. 4) Tenant is responsible for fulfillment of all requirements of this Sign Program. 2 12/17/2004 5) For purposes of secondary business identification, Tenant will be permitted to place upon glass door at each entrance to its premises White colored vinyl lettering not to exceed two (2) square feet in area. Letters shall not exceed three (3) inches in height and copy shall indicate business name, hours of business, emergency telephone, etc. The number and letter type shall be Helvetica, Optima or Helvetica Italic. 6) In addition to business identification described in previous paragraph, White colored vinyl lettering shall be permitted on one (1) window panel adjacent the entry door. Lettering on this panel shall not exceed three (12) square feet in total area and letter height shall not exceed six (3) inches. Typestyle optional. 7) To assist tenant identity for pedestrian traffic, each tenant is permitted one (1) sign (non -illuminated) on the side of building 8) Sign area allowances expressed in this Sign Program is stated as maximum. Should the City Sign Ordinance requirements be more restrictive, the City Sign Ordinance shall apply. C. GENERAL SPECIFICATIONS 1) No animated, flashing or audible signs are permitted. 2) All Building Wall and Fascia Signs shall be non -illuminated. 3) Any indirect lighting of signs shall be architecturally compatible with the project and comply with the City of La Quinta outdoor lighting requirements as approved by the Community Development Department. 4) Upon removal of any sign, the building or wall surface shall be patched, textured, sealed and painted to match its original condition, at Tenant's sole expense. 3 12/17/2004 Sign colors shall be black and gold and meet style of the project's architecture as approved by the Community Development Department. Note: Tenants having Federally Registered Trademarks may use such layouts and colors in their signage. Preferred sign locations are indicated on the attached individual building elevation drawings. Alternate sign locations other than those indicated may be employed subject to approval by the Landlord and the La Quinta Planning Department. Maximum number of signs: (Multi -tenant Buildings) A tenant may have a maximum of two (2) signs, but not to exceed 27 square feet. D. Prohibited Tenant Signs 1) Unadorned rectangular cabinet signs with translucent or opaque faces. 2) Temporary wall signs, pennants, banners, inflatable displays or sandwich boards. 3) Box signs hanging in display windows. 4) Signs that do not conform to building sign program. 5) Pre -manufactured signs, such as franchise signs, that have not been modified to meet sign program criteria. 6) Paper, cardboard or Styrofoam signs, stickers or decals hung around or behind storefronts. 7) Exposed fasteners, unless decorative fasteners are essential to the sign design concept. 8) Flashing, oscillating, animated lights or other moving sign components. 9) Rooftop signs or signs projecting above roofline or parapets. 10) Advertising or promotional signs on parked vehicles 4 12117/2004 11) Exposed raceway, unless it forms a creative design element of the sign. 12) Sign company decals in full view. E. Fabrication The tenant must insure that his sign fabricator and installer understand their responsibilities before they begin sign fabrication. The tenant's sign contractor(s) are responsible for the following: 1) Signs must be fabricated of durable appropriate weather resistant materials complementary to the base building materials. 2) Colors, materials and finishes shall exactly match those submitted to and approved by the Landlord. 3) Visible welds and seams shall be ground smooth and filled with auto body compound before painting. 4) No fasteners, rivets, screws or other attachment device shall be visible from any public vantage point. F. Installation The tenant's sign installer will: Provide the Landlord with an original certificate of insurance naming the Landlord as an additional insured for liability coverage in the amount of One Million Dollars ($1,000,000) prior to beginning sign fabrication. Obtain all required sign permits from the City of La Quinta and deliver copies to the Landlord before installing the sign(s). Keep a Landlord approved set of sign drawings on site when installing the sign. Warrant the sign against latent defects in materials and workmanship for a minimum of one year. 5 12/17/2004 G. Tenant Sign Approval Process At least thirty (30) days prior to the Landlord's scheduled delivery of the premises, tenant shall provide the following information to the Landlord for review: Note: This information is separate from sign approval submission and store design and drawing submissions, and will be used to begin the sign design process. Allowing reasonable time for Landlord's review and tenant's revision of submission in obtaining a sign permit from the City of La Quinta, tenant shall submit for Landlord's approval two (2) sets of complete and fully dimensioned shop drawings of the tenant's sign to the Landlord's tenant coordinator. Tenant Coordinator: GEM Reality Group Richard T. Hughes P.O. Box 1992 La Quinta, CA 92253 (760) 564-5813 Shop drawings shall include at least the following: Tenant's entire building facade elevation, showing the proposed sign depicted to scale. Storefront (partial building) elevation showing the location, size, color, construction and installation details of the tenant's proposed sign. Color samples and description of materials to be used (Landlord reserves the right to require samples). Within seven (7) days of receipt of the sign submission, the Landlord will approve, as noted, or disapprove with comments the tenant's sign design. Tenant must respond to the Landlord's comments and re -submit within fourteen (14) calendar days, and repeat this process until all sign design; fabrication and installation issues are resolved to the Landlord's satisfaction. Upon receipt of Landlord sign approval, tenant will submit the proposed sign design to the City of La Quinta Planning Department for a sign permit. 6 12/17/2004 Upon receipt of an approved sign permit from the Planning Department, the tenant must then submit the plans to Building and Safety for final installation permits. H. Center Identification Monument Signs Freestanding Center Identification Monument Sign shall be permitted on Avenue 47 frontage at both the East and West boundaries of the project. The monument sign shall be architecturally complementary to the overall project and shall not exceed 5 feet in height from the average finish grade at the base of the sign. Tenants may obtain pertinent sign specifications and fulfill their leasehold sign requirements by contacting the Authorized Sign Supplier. 7 12/1712004