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2003 10 28 PCTq 4 .fw a9mrcu 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 OCTOBER 28, 2003 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2003-082 Beginning Minute Motion 2003-019 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 of the regular meeting of October 14, 2003. B. Department Report PC/AGENDA V. PUBLIC HEARING: A. Item ................. CONTINUED - ENVIRONMENTAL ASSESSMENT 2003-479, GENERAL PLAN AMENDMENT 2003- 094, ZONE CHANGE 2003-115, AND TENTATIVE TRACT MAP 31348 — POINT HAPPY RANCH Applicant .......... Madison Development, LLC Location ........... 46-201 Washington Street Request ............ Consideration of: 1) certification of a Mitigated Negative Declaration of environmental impact; 2) General Plan Amendment and 3) Zone Change to change in the land use and zoning designations from Medium Density Residential and Community Commercial to Low Density Residential; and 4) the subdivision of 37.72 acres into 73 lots. Action .............. Resolution 2003- Resolution 2003-_, Resolution 2003-_, Resolution 2003-_ B. Item ................. SPECIFIC PLAN 2003-063, TENTATIVE TRACT MAPS 31310 AND 31311, AND SITE DEVELOPMENT PERMITS 2003-766 AND 767 Applicant .......... Santa Rosa Development Location ........... Northwest corner of Avenue 48 and Adams Street Request ............ Consideration of two residential projects; a 149 unit senior residential project and a 36 unit single family market rate project on 31.51 acres. Action .............. Resolution 2003-_, Resolution 2003 Resolution 2003-_, Resolution 2003-_, Resolution 2003- VI. BUSINESS ITEMS: A. Item ............... USE INTERPRETATION FOR ZONING CODE SECTION 9.65 Applicant ........ City of La Quinta Location ......... Village Commercial District Request .......... Consideration of whether a car war is an allowed use Action ............ Provide staff with direction B. Item ............... APPEAL OF PUBLIC NUISANCE CASE 9693 Appellant ........ Robert and Barbara Valdivia Location ......... 54-360 Avenida Juarez Request .......... Appeal of a public nuisance determination Action ............ Minute Motion 2003- PC/AGENDA C. Item ............... SEMI -PERMANENT DOWNTOWN VILLAGE SIGN PROGRAM Applicant ........ City of La Quinta Location ......... Village Commercial District Request .......... Consideration of a modification Action ............ Provide staff with direction VII. CORRESPONDENCE AND WRITTEN MATERIAL: None 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 November 25, 2003, at 7:00 p.m. PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 14, 2003 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, Greg Trousdell, Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: A. Mr. Ted Newell, 77-160 Avenida Fernando, La Quinta, asked the Commission to add his request to the Agenda for Commission consideration. He explained he was in the process of purchasing a parcel of land on Calle Tampico for a drive-thru carwash and needed to know if there would be any objections to his proposed use before purchasing the land. He has two days to complete his due diligence before purchasing. 1. Commissioner Daniels asked if an item could be added to the agenda. Assistant City Attorney Michael Houston stated emergency items could be added to the agenda and explained the process. 2. Commissioner Tyler asked if this was an allowed use. Community Development Director Jerry Herman stated it is not specifically defined in the Zoning Code as a permitted, or non -permitted use for this zone, therefore it is at the discretion of the Commission. 3. Chairman Kirk stated he was not sure this qualified as an emergency item that could be added to the agenda. Assistant City Attorney Michael Houston stated he would take a short recess and research the issue and bring it back to the Commission. Planning Commission Minutes October14, 2003 III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of September 23, 2003. Commissioner Tyler asked that Page 6, under Correspondence and Written Items be corrected to read, "Mr. Wells Marvin spoke to the Commission regarding the Zoning Code in regard to overhangs and covered walkways. The way the Code is written now, the way you do a covered walkway, the Building and Safety Department charges you a permit as if it were an interior space. Therefore, the permit cost is higher than it would be if it were a trellis. This contributes to bad architecture; people designing buildings that are two feet deep archways to mimic an old archway/walkway. As they designed real archways, they were required to pay extra on their permits as if this was an interior space. They, in turn are not able to charge a tenant for this space, yet it cost them to build it. This process unnecessarily penalizes people who are trying to do authentic architecture. Staff explained this was an issue for the Building and Safety Department." There being no further corrections, it was moved and seconded by Commissioners Daniels/Tyler to approve the minutes as amended with Commissioner Abels abstaining. Unanimously approved. 2. Department Report: None. Chairman Kirk asked the status of the process to retain a design guideline consultant for the commercial zones. Staff stated they had spoken to the City Manager's office and it was anticipated a consultant would be hired by the end of the year. V. PUBLIC HEARINGS: A. Continued — Site Development Permit 2003-777; a request of St. Francis of Assisi for consideration of a request to allow the demolition of the existing structure and construction of a 3,012 square foot Youth Center and related improvements on a .027 acre site located at 46-895 Highland Palms. 1. Chairman Kirk noted this item had been withdrawn and no action was needed. B. Environmental Assessment 2002-462, Specific Plan 2002-062, and Site Development Permit 2002-754; a request of Edward Barkett/Jefferson- Waring, LLC, for Certification of a Mitigated Negative Declaration of environmental impact; review of development principles and design guidelines for a commercial shopping center; and review of development G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 2 Planning Commission Minutes October14, 2003 plans for a 50,000 square foot market, 18,432 square foot drug and retail store, 20,970 square feet of retail shops, 10,000 square foot restaurant uses, and a 3,000 square foot gas station, to be located at the southwest corner of Jefferson Street and Fred Waring Drive. 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. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if the "no build zone" was a new requirement. Staff stated no. It is a requirement of the Uniform Building Code as a fire buffer for any building over 50,000 square feet. Commissioner Quill explained this was an issue regarding building materials. Staff confirmed. The request is to restrict the use of a portion of the property to the west which belongs to the City to prevent the City from constructing any buildings in this location in order to maintain the buffer. The applicant is therefore requesting a covenant, or some type of document, be recorded whereby compensation will be made to the City. 3. Commissioner Daniels asked staff to explain where the building had been previously located on the site plan. Staff indicated the location changes on the site plan. 4. Commissioner Tyler asked staff to indicate where the 150-foot line from Fred Waring was located. Staff indicated where it would fall on the site plan. Commissioner Tyler asked if the applicant had any objections to moving the loading docks. Staff stated they would let the applicant address this question. Commissioner Tyler asked that the deliveries for the market be restricted as well. Staff noted the Specific Plan did not list any time restrictions for the market. Commissioner Tyler asked that they be added. He also asked if the 92KV power lines could be undergrounded. Assistant City Engineer Steve Speer stated Imperial Irrigation District will not accept them to be undergrounded as they are not equipped to handle them. The City Council has made a determination that if the 92KV poles stay up, anything hanging on them could remain. 5. Chairman Kirk asked staff to explain the underground retention facility. Assistant City Engineer Steve Speer stated the City is not opposed to undergrounding retention basins, but does have some concern about how to keep it from silting. Chairman Kirk asked G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 3 Planning Commission Minutes October14, 2003 staff to explain what uses were included in this site development permit. Staff explained it included the drug store, market and retail shops. It does not include the restaurants and gas station. 6. Commissioner Tyler asked about the circulation for the gas station. Staff explained a throat was required to allow better access to the gas station from of Jefferson Street. Commissioner Tyler stated his concern was a vehicle entering from Fred Waring Drive and traveling through the parking lot to get to the gas station. 7. Chairman Kirk asked if the access from Fred Waring Drive was as close to the intersection as it could be, or could it be closer. Assistant City Engineer Steve Speer explained it has to be 250 feet back from the intersection. To move it would take it out of alignment with the rest of the center. A repeat customer will find the quickest way in and out of the center to the different uses. 8. Commissioner Tyler asked what portion of the paving of Jefferson Street was the responsibility of this applicant. Staff stated they will pay a cash fee for the outside 20 feet, and they will construct the sidewalk, and perimeter landscaping. They will make no improvements to Jefferson Street except for their connection. Jefferson Street will be improved under the Phase II plans for the Jefferson Street improvements. 9. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Keith Gregori, Dudek Associates, engineers for the project, stated the underground retention basin is an approved and better retention basin than previously used and gave an explanation. The Public Works Department is conditioning them to add filters to handle any unwanted debris. There are a series of manholes for maintenance. In regard to the loading dock, it was originally facing further north and became a visual issue for Fred Waring Drive and therefore, moved further south. It could be moved back toward the north so as not to conflict with the truck traffic. The truck traffic would enter off the most westerly drive from Fred Waring Drive and exit the same way. The proposed landscaping plans were approved by the Architecture and Landscaping Review Committee (ALRC) requests. In terms of the delivery times, staff has placed them in the staff report. All on - site power lines will be undergrounded. The on -site gas station circulation is primarily off of Jefferson Street. Landscape islands should prevent vehicles from crossing through the parking lot. G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 4 Planning Commission Minutes October14, 2003 10. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked about the additional landscaping requested by the ALRC. Mr. Gregori stated that to the west, the City park is typically five feet above this site and then there is an eight foot wall, so the rear of the building is somewhat obscured. 11. Commissioner Quill stated he finds the elevation to the west a greater concern as there is a park next door. 12. Mr. Edward Barkett, owner of the property, stated they have been working with staff to address their issues. It is their impression that with the landscaping and wall, the rear elevation is fine as designed. Their biggest concern is a limitation on the delivery hours for the market. If they were placed on the project it would be a detriment to the market operations. 13. Commissioner Daniels asked if there was any objection to moving the trash enclosure. Mr. Barkett stated that as long as the trucks are able to make that turn, they have no objection. 14. Commissioner Quill asked about the rock wainscott on the base of the building. Mr. Wasero, architect for the project, stated the idea is to create a stone veneer to break up the stucco. 15. Commissioner Daniels questioned the truck circulation in regard to the loading dock. Also the location of the trash compactor. Mr. Gregori explained with the buildings being moved further south, there was not enough room to turn the trucks around. 16. Chairman Kirk asked if there was any other public comment; there being none, the public hearing was closed and open for Commission discussion. 17. Commissioner Tyler asked about the secondary City gateway sign. Staff explained the General Plan does not give any specifications for the sign and the applicant is only required to provide the land and maintain the landscaping until the City installs the sign. Commissioner Tyler asked if accessways could be provided for the residential properties to the west. G:\WPDOCS\PC Minutes\ 10-1 4-03WD.doc 5 Planning Commission Minutes October14, 2003 18. Commissioner Daniels stated he would be concerned with truck loading area. He would want to minimize the impact of the southwest corner of the site to move the activity out of this area and more to the north end. This would eliminate the need for any restriction on delivery times. 19. Commissioner Quill stated he has a concern with the south and west elevation, the loading dock and requiring the lighting to be hooded so not to flood the backyards of the adjoining properties. He agrees pedestrian access on the southwest portion of the site would be a good idea if it could be worked out. 20. Chairman Kirk asked if there was a need to reach a legal agreement between the City and the applicant on a covenant/easement. Assistant City Attorney Michael Houston stated yes. That before recommending approval to the City Council consideration should be given to the constitutional prohibition against the use of public sources and public funds for private purpose without compensation. An easement, or other interest in a public park, would be included in that. So should the Commission be disposed to go along with this type of scenario, it should be noted that some sort of compensation or other meaningful exchange is necessary to comply with the constitutional restrictions on local government actions and should be documented in a particular type of document sufficient to the City Council. He would recommend a restrictive covenant which would prohibit the use of the property for a particular purpose, meaning that it should be kept open so the developer cannot claim enforcement rights, to the detriment of the City. Chairman Kirk suggested that instead of seeking a financial payment, ask the applicant to fund an extension of the pedestrian access through the wall to the site. Assistant City Attorney Michael Houston stated yes, as long as it is crafted correctly. The key is that the area of the park that is restricted for the benefit of the developer is not done for free, but some type of compensation is made. Discussion followed. 21. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003-076, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-462, as submitted. G:\WPDOCS\PC Minutes\10-14-03WD.doc 6 Planning Commission Minutes October14, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 22. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-077, recommending approval of Specific Plan 2003-062, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 23. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-078, recommending approval of Site Development Permit 2003-754, as amended: a. Condition added: A covenant shall be entered into between the City and the developer for some means of compensation whether financial or by means of providing an access from the park to the Center in the southern portion, and landscape design shall accommodate this access provided as well between Buildings 1 and 2. This shall be done to the satisfaction of the City Council with no use of public funds. b. Condition added: The truck access shall be moved to the north and minimize any truck traffic to southwest corner of the site. C. Condition added: Stone veneer shall be added to the bottom of the facade on the south and west elevations. d. Condition added: The applicant shall work with staff to improve the design and south and west elevations. e. Condition added: Hooded lighting or some other form of reducing light glare shall be considered on the south end of the site to prevent any glare to the homeowners to the south. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Kirk asked the Assistant City Attorney if he had reached a decision regarding the request to place an item on the agency as an urgency item. Assistant City Attorney Michael Houston explained there were two exceptions whereby an item could be placed on the agenda and based on those exceptions G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 7 Planning Commission Minutes October14, 2003 his recommendation is that this request would not qualify. On a two-thirds vote an urgency/immediacy item could be placed on the agenda. Following discussion, it was determined this request would not be added to the agenda. C. Sign Application 2002-618, Amendment #2; a request of Stamko Development Co. for consideration of an amendment to a planned sign program for the shop buildings sign regulations for the property located on the south side of Highway 1 1 1, between Adams Street and west of Dune Palms Road. 1. Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Jerry Herman 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 asked if the third building would have signage. Staff stated yes. This would double the signage, but the number of buildings has increased. Discussion followed regarding the signage allowed on each of the buildings. 3. Commissioner Tyler questioned the need for the PetSmart sign on the rear of the building as it would not be visible from Highway 111. Discussion followed regarding what signs had been approved for the site. 4. Chairman Kirk asked what property was to the east of the site and why was there a need for signage on the east elevation. Staff explained the property to the east is owned by Joe Hammer and family and is currently vacant. In regard to the signage, this was a question for the applicant. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Russ Beckner, representing the applicant, gave an explanation of the request, and stated he was available to answer any questions. In regard to the signs on the east, these buildings do not face Highway 1 1 1 and visibility is important to the tenants. The property to the east is commercially zoned property and this is in keeping with the overall site. The monument signs will only have signage for Marshalls and WalMart. G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 8 Planning Commission Minutes October14, 2003 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler questioned how the PetSmart sign on the rear of the building will be seen when it is recessed behind the Marshall's building. Mr. Beckner stated it is important to PetSmart. 7. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 8. Chairman Kirk stated the maximum letter height on these is on par with some of the largest buildings such as WalMart and asked if this was appropriate. Commissioners agreed with the height with Commissioner Tyler reviewing signs on other buildings throughout the Valley. Chairman Kirk stated he is concerned with the east elevation signage. If it is important for visibility, they it should be seen and be attractive. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Minute Motion 2003-016 approving Sign Application 2002-618, Amendment #2 as recommended. Motion passes with Chairman Kirk and Commissioner Tyler voting no. D. Development Agreement 2003-007; a request of Centex Destination Properties for consideration of a Development Agreement to establish operational guidelines for a proposed 280-unit residential resort development on 44.61 acres as required by Condition 14 of City Council Resolution 2003-065, for the property located northwest of the intersection of Eisenhower Drive and Coachella Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci 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 Tyler asked about Condition #14 which requires the applicant to enter into an agreement with a local hotel for only ten years and the Development Agreement is in effect for 50 years. What happens when the one disappears? Staff stated the purpose of the 50 years is to protect the revenue rights. This agreement would satisfy the 10 year requirement in Condition #14. GAWPDOCS\PC Minutes\ 10- 1 4-03WD.doc 9 Planning Commission Minutes October14, 2003 Commissioner Tyler asked what the mitigation fees were mitigating. Staff explained they are mitigating the fact that this project was developed under the Tourist/Commercial designation, but the project is in fact, individually owned; therefore, in order to make certain the City receives the revenue due under that designation, it is important to see that the units produce the revenue. The concern was that the units could be used as individual dwelling unit. 3. Chairman Kirk asked if the CPI adjustment was tied to the 1982 - 1984 Index. It was explained that this was the name, not a year. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Olivia stated he was available to answer questions. 5. There being no questions of the applicant, and no other public comment. Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 6. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-079 recommending approval of Development Agreement 2003-007, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Site Development Permit 2003-786; a request of Washington 1 1 1, LTD for consideration of development plans for two commercial buildings located on the south side of Highway 1 1 1, west of Adams Street within Washington Park. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa 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 Tyler asked that Coachella Valley Unified School District be removed from the conditions. G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 10 Planning Commission Minutes October14, 2003 3. Commissioner Daniels asked why all the Architecture and Landscaping Review Committee (ALRC) conditions were not included. Staff stated they are material changes only and would not affect the look. 4. Chairman Kirk asked if stacked stone differed from stone veneer. Commissioner Quill answered no; it is just the way it is laid in. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Michael Kareti, architect for the project, stated that in regard to the ALRC conditions, he believes they have addressed them in their revisions, but would like to be relieved of the condition requiring the stacked stone and steel trellis. They are trying to maintain a uniform look as well as not having to incur the added cost of the light -weight steel for the trellis feature. 6. Mr. Bill Sanchez, owner representative, stated the building permits have been pulled on two of the earlier buildings and to require them to use the stacked stone at this time would be a financial hardship. 7. There being no questions of the applicant, and no other public comment, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 8. There being no further discussion, It was moved and seconded by Commissioners Abels/Quill to adopt Planning Commission Resolution 2003-080 approving Site Development Permit 2003- 786, as amended: a. Conditions #50 & 51: deleted ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. F. Sign Application 2003-725; a request of Superior Electrical Advertising, Inc., for McDonalds Restaurants for consideration of a deviation from the 111 La Quinta Center Sign Program to allow non -channel letters for the property located at 78-962 Highway 111. G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 11 Planning Commission Minutes October14, 2003 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. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked how the pre -sale signs would fare in the intense heat. Staff explained the material to be used. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. George Tadros, one of the co -owners, stated the new sign is smaller than the existing signs and questioned why he would have to remove the logo sign. He went on to explain the need for the freestanding signs. 4. Mr. Roy Ramirez, representing Superior Electrical Advertising, Inc., the sign company, stated the menu signs already have a shield on them for protection against the weather elements. They are reducing the square footage and would like to retain the logo cabinet sign. 5. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked why they were changing the sign. Mr. George stated it is getting old and the script lettering is no longer associated with McDonalds. 6. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Minute Motion 2003-018 approving Sign Application 2003-725, as recommended. Unanimously approved. G. Sign Application 2003-727; a request of Paragon Signs, Inc., for Dr. Matthew Werner for consideration of a sign program for 47-250 Washington Street for the property located on the east side of Washington Street, north of Omri & Boni Restaurant. G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 12 Planning Commission Minutes October14, 2003 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. Dr. Werner stated he was available to answer any questions. 3. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Tyler/Daniels to adopt Minute Motion 2003-019 approving Sign Application 2003-727, as recommended by staff for both buildings. Unanimously approved. H. Zoning Code Amendment 2003-077; a request of the City for consideration of an Amendment to the La Quinta Zoning Code pertaining to the Water Efficient Landscape Ordinance. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci 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 Quill asked if there is any opportunity for a variance to these requirements. What would a developer do if he could not meet the requirements? Staff stated it is reviewed on a project by project basis. Commissioner Quill asked how this would apply to a golf course. Staff stated they have to conform and can meet the requirement by varying their plant palette and irrigation methods. 3. Commissioner Quill asked if both the City and CVWD have to review and approve the landscaping plan. Staff explained yes both agencies will review the plan, but it is a joint. 4. There being no further questions of staff, Chairman Kirk asked if there was any public comment. G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 13 Planning Commission Minutes October14, 2003 5. Commissioner Quill thanked Mr. Robbins, General Manager for CVWD, for the recent signing of the QSA to secure water usage for the Valley for many years to come. Mr. Robbins, CVWD, thanked the Commission for their support and stated the approval of this Water Efficient Landscaping Ordinance is an integral part of continuing the Valley's lifestyle with responsible water usage. It does not apply to the individual home builder, but to the tract developer. In regard to variances, there is no allowance, but the different uses have different water allowances. 6. Chairman Kirk asked how much more restrictive Palm Desert's Ordinance was than what is proposed here. Mr. Robbins stated about 10% more restrictive. 7. Mr. Ed Kibbey, representing Building Industry Association, stated they had worked with CVWD and City staff in the formation of the Ordinance and supports its adoption. 8. There being no further public comment, Chairman Kirk closed the public hearing and opened the matter for discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-081 approving Zoning Code Amendment 2003- 077, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None I. Zoning Code Amendment 2003-076; a request of the City for consideration of an Amendment to certain sections of the Zoning Code pertaining to front and side yard setbacks as well as home sizes within residential zones. 1. Chairman Kirk opened the public hearing and asked for the staff report. Commissioner Tyler stated that due to the direction of the City Council at the last joint meeting, he would move to table any further discussion regarding this subject. Commissioner Abels seconded the motion. GAWPDOCS\PC Minutes\ 10- 1 4-03WD.doc 14 Planning Commission Minutes October14, 2003 2. There being no further discussion and no other public comment, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None VII. BUSINESS ITEMS: IX. CORRESPONDENCE AND WRITTEN MATERIAL: X. COMMISSIONER ITEMS: 1. There was no report of the City Council meeting of September 16, 2003. XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on October 28, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:57 p.m. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 15 PH #A STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 28, 2003 CASE NO: ENVIRONMENTAL ASSESSMENT 2003-479 GENERAL PLAN AMENDMENT 2003-094 ZONE CHANGE 2003-1 15 TENTATIVE TRACT MAP 31348 APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: ENGINEER: ENVIRONMENTAL CONSIDERATION: MADISON DEVELOPMENT, LLC 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) APPROVAL OF A GENERAL PLAN AMENDMENT AND ZONE CHANGE TO CHANGE LAND USE AND ZONING DESIGNATIONS FROM MEDIUM DENSITY RESIDENTIAL AND COMMUNITY COMMERCIAL TO LOW DENSITY RESIDENTIAL; AND 3) APPROVAL OF TENTATIVE TRACT MAP 31348 TO SUBDIVIDE 37.72 ACRES TO ALLOW 72 LOTS (73 SINGLE-FAMILY LOTS AND ONE OPEN SPACE LOT) 46-201 WASHINGTON STREET (APNS: 604-050-009 & 010; 643-170-001 & 002). MORSE DOKICH SCHULTZ (MDS) CONSULTING THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 2003- 479; BASED UPON THIS ASSESSMENT THE PROJECT MAY HAVE A SIGNIFICANT ADVERSE EFFECTS ON THE ENVIRONMENT; HOWEVER, MITIGATION MEASURES HAVE BEEN IMPOSED ON THE PROJECT TO REDUCE IMPACTS TO LESS THAN SIGNIFICANT LEVELS; THEREFORE, A MITIGATED NEGATIVE DECLARATION IS RECOMMENDED FOR CERTIFICATION. PC Stf Rpt 2 TTM 31348 GENERAL PLAN/ ZONING DESIGNATIONS: SURROUNDING LAND USES: BACKGROUND: COMMUNITY COMMERCIAL (CC); LOW DENSITY RESIDENTIAL (LDR); MEDIUM DENSITY RESIDENTIAL (MDR); OPEN SPACE -HILLSIDE OVERLAY (OS)/ COMMUNITY COMMERCIAL (CC); LOW DENSITY RESIDENTIAL (RL); MEDIUM DENSITY RESIDENTIAL (RM); OPEN SPACE - HILLSIDE OVERLAY (OS) NORTH: VONS SHOPPING CENTER SOUTH: SINGLE-FAMILY DEVELOPMENT EAST: LA QUINTA COURT COMMERCIAL DEVELOPMENT WEST: HILLSIDE/SINGLE-FAMILY DEVELOPMENT The project site is an irregularly shaped property consisting of approximately ± 37.72 acres of which 16.62 acres are steep, mountain terrain. The site is located between the City limits to the west, retail commercial to the east, single family residential uses to the south, and Von's shopping center to the north (Attachment 1). The area is known as the "Point Happy Ranch" site and was used to raise Arabian horses and later to grow dates and citrus trees. The site improvements include five residential units, a barn, date palms and citrus trees. A single-family home is located on top of the hillside to the northwest, which is not a part of this proposal. The lot for this home was processed through a Lot Line Adjustment (LLA 03-397) which, was approved in May 2003. In 1999, a project proposal for a retirement assisted living community and office complex was submitted for this site. The project included a General Plan Amendment and Zone Change to change land use and zoning designations. The project was later withdrawn by the property owners due to a disagreement with the applicant of the site. PROJECT PROPOSAL: The applicant is requesting approval of a General Plan Amendment (Attachment 2) and Zone Change (Attachment 3) to change land use and zoning designations from Medium Density Residential and Community Commercial to Low Density Residential, and a Tentative Tract Map (Attachment 4). PC Stf Rpt 2 TTM 31348 The following table shows the gains and losses of land uses and acres as a result of the proposed project. Existing General Plan/Zoning Designation Existing Acres Proposed General Plan/Zoning Designation Proposed Acres Difference CC/CC 05.56 CC/CC 0 - 05.56 MDR/RM 06.67 MDR/RM 0 - 06.67 LDR/RL 08.87 LDR/RL 21.10 + 12.23 OS-HO/OS-HO 16.62 OS-HO/OS-HO 16.62 00.00 Totals 37.72 37.72 00.00 di CC = Community Commercial MDR = Medium Density Residential RM = Medium Density Residential OS-HO = Open Space -Hillside Overlay LDR = Low Density Residential (up to 4 dwelling units per acre) RL = Low Density Residential (up to 8 dwelling units per acre) The applicant requests approval of Tentative Tract Map 31348 to subdivide the property into 72 single-family residential lots. The lots range in size from 8,133 to 16,409 square feet with pad elevations ranging between 70 to 78 feet above sea level. Based on the proposed residential acreage of 21.1 acres, the maximum number of lots allowed would be 84. With 72 lots proposed, the project falls within the density allowed under the Low Density Residential Land Use designation of up to four dwelling units per acre. The 16.62 acre open space lot is shown as Lot 73. Access The applicant is proposing a private development with key access gates at both entrances of the property. One is from the existing Highland Palms Drive, which dead ends at the south boundary of the site. This would be an extension of the existing roadway (Highland Palms Drive) north through the site. The other is from the existing Washington Street entrance. Historic Preservation Commission (HPC): This project was presented to the Historic Preservation Commission at their September 18, and October 16, 2003, meetings. At the meeting, the Commission expressed concerns relating to the site's historic context and the preservation of the "historic" gates fronting onto Washington Street. PC Stf Rpt 2 TTM 31348 The Commission requested that the applicant provide a more detailed historic/cultural report in terms of its historic significance from a regional perspective and to prepare a technical report on its eligibility for the National Register of Historic Places. The applicant has agreed to submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of its historical context, including but, not limited to, its relationship to the Bradshaw Trail, the stage coach line, water wells, and prehistoric Indian villages and trails. This report would be completed prior to issuance of Certificate of Occupancy and be brought back to be considered by the Historic Preservation Committee at a future date. The applicant also agreed to prepare a technical report on the eligibility criteria for National Register. The Commission also requested that the applicant provide information regarding the "historic" significance of the gates on Washington Street. The Commission requested that research be conducted to determine if the existing gates were original or recent replacements. The Commission stated that if the existing gates were determined to be historic, that they be left in place, and that the project entrance be redesigned to accommodate the gates. If the gates were determined not to be historic, then the gates could be removed. Per State Historic Preservation Guidelines, resources may be considered historic if they are at least fifty years old. Based on research from Riverside County Building Permits, the existing gates were installed in 1977, and therefore, not considered historic. The applicant is proposing to design new gates, similar to the existing gates, but much bigger and more elaborate to cover the entire entrance. The name "Point Happy Ranch" will be incorporated into the gate. The applicant will also place a plaque on, or near, the gates, commemorating the site and its Historic significance to the City and region. The applicant also proposes to name streets within the development after those individuals historically associated with the property. Based on the meeting, it was determined that the following mitigation measures be imposed on the project to protect historical and archaeological resources. 1. An Oral History Program shall be prepared by a qualified Historian at the applicant's expense, in cooperation with the La Quinta Historical Society. 2. The applicant shall submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of its historical context, including, but not limited to, its relationship to the Bradshaw Trail, the stage coach line, water wells, and prehistoric Indian villages and trails. The Phase I Cultural Resources Report shall be completed prior to issuance of PC Stf Rpt 2 TTM 31348 the first Certificate of Occupancy and be considered independently by the Historic Preservation Committee at a future date. 3. The applicant shall prepare a technical report on the site's eligibility for the National Register of Historic Places. 4. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. A final mitigation monitoring report shall be submitted to the Historic Preservation Committee prior to the issuance of a building permit for the first production home for the project. 5. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of the first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. The Commission adopted Minute Motion 2003-012 accepting the Point Happy Ranch Phase I Cultural Resources Report with the above -mentioned conditions. Public Notice: This project was advertised in the Desert Sun newspaper on September 13, 2003, and mailed to all property owners within 500-feet of the site. To date, no letters have been received from surrounding property owners. Any written comments received will be handed out at the meeting. STATEMENT OF MANDATORY FINDINGS: Findings to approve General Plan Amendment 2003-094, Zone Change 2003-1 15 and Tentative Tract Map 31348, can be made and are contained in the attached Resolutions. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of the following actions: 1. Adopt Resolution 2003- recommending to the City Council certification of Environmental Assessment 2003- 479. PC Stf Rpt 2 TTM 31348 2. Adopt Resolution 2003-_ recommending to the City Council approval of General Plan Amendment 2003-094. 3. Adopt Resolution 2003-_ recommending to the City Council approval of Zone Change 2003-1 15, and 4. Adopt Resolution 2003- recommending to the City Council approval of Tentative Tract Map 31348, subject to conditions. Attachments: 1. Site Location Map 2. Existing and Proposed General Plan Amendment 3. Existing and Proposed Zoning Map Amendment 4. Tentative Tract Map 31348 Prepared by: Martin Magana Associate Planner PC Stf Rpt 2 TTM 31348 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL, CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2003-494, ZONE CHANGE 2003-03-115 AND TENTATIVE TRACT MAP 31348. CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-479 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of September and on the 28" day of October, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2003- 479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Medium Density Residential and Community Commercial to Low Density Residential, and for a Tentative Tract Map to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot), generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Environmental Assessment 2003-479, and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify recommending to the City Council certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. PC RESO EA 03-479.doc Planning Commission Resolution 2003- Environmental Assessment 2002-462 Jefferson -Waring, LLC October 14, 2003 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the Environmental Assessment did not identify any wildlife resources on the site. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as significant effects on environmental factors will be reduced to less than significant levels as identified in the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that the site will be developed with less intensity than the current land use designations under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did not identify any significant impacts which would affect human health, risk potential, or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to a less than significant level. 8. The Planning Commission has considered Environmental Assessment 2003- 479 and said Assessment reflects the independent judgment of the City. PC RESO EA 03 479 Planning Commission Resolution 2003- Environmental Assessment 2002-462 Jefferson -Waring, LLC October 14, 2003 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2003-479 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2003-479 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28`h day of October, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California PC RESO EA 03 479 Planning Commission Resolution 2003- Environmental Assessment 2002-462 Jefferson -Waring, LLC October 14, 2003 ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PC RESO EA 03 479 Environmental Checklist Form Project title: General Plan Amendment 2003-094, Zone Change 2003-115, Tentative Tract Map 31348 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Martin Magana 760-777-7125 4. Project location: West side of Washington Street, immediately south of the Vons Shopping Center, and north of Crestview Drive APN: 604-050-009, -010, 643-170-001, -002 5. 31 Project sponsor's name and address: Madison Development 71361 San Gorgonio Rd. Rancho Mirage, CA 92270 General plan designation: Current: Low Density Residential, Medium Density Residential, Community Commercial and Open Space Proposed: Low Density Residential and Open Space 7. Zoning: Current: Low Density Residential, Medium Density Residential, Community Commercial and Open Space Proposed: Low Density Residential and Open Space 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) General Plan Amendment and Zone Change to amend the land use designations on 43.1 acres from Community Commercial, Medium Density Residential, Low Density Residential and Open Space to Low Density Residential and Open Space. The Open Space designation occurs on the western half of the property. The Community Commercial designation occurs on the northeasterly portion of the property, and represents approximately one eighth of the acreage. The Medium Density Residential designation occurs on the northcentral portion of the property, and represents approximately one quarter of the property. The balance of the site, along the eastern section of the property, is designated Low Density Residential. The proposed change would result in Low Density Residential designations on all lands currently designated Community Commercial, Medium Density Residential and Low Density Residential, totaling 37.7 acres. The Open Space designation, which occurs immediately west of the toe of slope, will remain as currently designated. Tentative Tract Map to allow the subdivision of 37.7 acres into 74 single family lots. Access to the project will be provided from both Washington Street and Highland Palms Drive. An area of approximately 0.4 acres will be dedicated to on -site retention. 25 of the lots have a minimum lot size of 8,125 s.f., and 49 of the lots have a minimum lot size of 8,220 s.f. -1- A draft and final EIR were previously prepared for a commercial project on the site. This document, although not certified by the City, provides important technical background data on the project site, and has been used in preparation of this environmental document. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Existing commercial retail shopping center (Vons) South: Existing single family residential development West: Vacant, Open Space lands East: Washington Street, existing commercial retail shopping center (La Quinta Court) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Date ' Signature -3- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the proj ect. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's -4- environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance ]Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed project site has previously been a residential and agricultural site. An orchard is still present on the project site, as are some small structures. The proposed project will consist of single family residential dwelling units, which may be one or two stories in height. The proposed change in land use designation will result in a lowering of potential impacts associated with scenic resources, since the structures can be expected to be smaller than those which would be constructed for a commercial project or a medium density residential project, both in bulk and height. The property is immediately adjacent to the toe of slope of the Santa Rosa Mountains. However, the construction of single family homes, either one or two stories in height, will not represent a significant obstruction to the slopes of the Santa Rosas. Overall impacts to aesthetic resources are expected to be less than significant. I. d) The project site will generate light from residential outdoor lighting, on a property which currently does not generate light. All lighting on the site will be regulated by the City's lighting ordinance, which ensures that lighting levels do not spill over onto other properties. This standard, combined with the low lighting levels generated by residential land uses, will ensure that impacts from light and glare are less than significant. -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff:) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Project description, site photos.) II. a)-c) The proposed project site is still planted with date palms and fruit trees, and is at least partially in production. The site is not, however, considered to be prime agricultural land either in the City's General Plan, or in regional and state documents. The site is an isolated parcel now surrounded by urban development, and has limited potential for continued agricultural use. The significance of the site as an agricultural concern is primarily associated with potential historic issues, which are discussed further in Section V., Cultural Resources, below. The site will be converted to residential land uses which have the potential to maintain the character of an orchard, however, through the planting or relocating of date palms and fruit trees. This issue is discussed further in Section V. As an isolated and low -production date farm, the site has limited value for agricultural production, and is surrounded by urban land uses, and impacts associated with the loss of this parcel to agriculture are expected to be less than significant. U. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The City's primary source of pollution is the automobile. The proposed project will consist of the development of 74 single family residential units and associated improvements. The residential units will generate approximately 708 vehicular trips per day at buildout. These trips will generate the following emissions of criteria pollutants. -7- Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 708 x 7 = 4,956 Pollutant ROC CO NOX PM10 PM10 PM10 Exhaust Tire Wear Brake Wear Grams at 50 mph 446.04 11,597.04 2,378.88 - 49.56 49.56 Pounds at 50 mph 0.98 25.60 5.25 - 0.11 0.11 SCAQMD Threshold 75 550 100 150 (lbs./day) Assumes 74 market rate homes, ITE categories 210. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75T, light duty autos, catalytic As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for criteria pollutants. Impacts associated with these pollutants are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and as an on -going issue.These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 995.3 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity. In order to mitigate the potential impacts associated with PM10 dust generation at the site, the following mitigation measures shall be implemented. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. -8- 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Washington Street and Crestview Terrace shall be installed with the first phase of development. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 10. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM 10 Management Plan. M Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation -10- policy or ordinance? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The proposed project site is currently an underutilized date farm, and has been for almost 90 years. The probability of species of concern occurring on the project site are therefore extremely low. The site is designated within the critical habitat boundary for the Peninsular bighorn sheep, but those areas on the Valley floor are not appropriate for sheep habitat, and those areas above the toe of slope will be preserved as open space. ]Finally, the site's proximity to Highway 111, and the lack of sheep activity recorded in the hillsides north of Avenue 48 (extended), make it unlikely that sheep frequent this area. A biological field survey was conducted for the previously proposed commercial project for this site'. Although some natural communities were identified in this analysis, they were clearly highly disturbed, and have little value. The only portion of the site which is still relatively undisturbed, and which will continue to be so, is the hillside proposed for preservation as open space. As such, impacts to biological resources on this portion of the site are expected to be minimal. The study did find, however, that potential habitat for loggerhead shrike occurs on the property, particularly nesting and foraging habitat. The EIR further identified indirect impacts to bighorn sheep as being possible for this site. The development of single family residential dwellings will provide a different type of development on the project site, but will ultimately have the same potential impacts to biological resources, insofar as the site will be substantially altered from its current state. One design change proposed by the applicant is a favorable improvement to the previous proposal, and has eliminated the need for one mitigation measure. Specifically, the applicant proposes the installation of a six foot high perimeter wall on all sides of the property, including the adjacent lots to lot 75. With this design feature, the potential need for a perimeter wall to protect sheep from the project site has been eliminated, and it has not been included in the mtigiation measures below. Impacts to biological resources could be significant, without the implementation of the following mitigation measures: 1. Should demolition, grubbing, earth moving or construction be planned for initiation between February 15 and September 30, a field survey shall be conducted to determine whether birds under the jurisdiction of the Migratory Bird "Draft Environmental Impact Report for the Pointe at Point Happy Ranch," prepared by Impact Sciences, September 2001. -11- Act are nesting on the property. Should such nests be identified, buffer areas in conformance with the Act, but no less than 50 feet in all directions, shall be established where no construction activity is allowed, until such time as the biologist determines that the nesting birds have discontinued use of the nest. The required field survey shall be submitted to the Community Development Department for review and approval prior to the issuance of the first permit for demolition, grubbing, grading or building on the site. 2. The project applicant shall provide an easement to the City, to be approved by the City prior to recordation of the final map, ensuring the preservation of lot 75 as open space in perpetuity. 3. Blasting and pile -driving, or other excessively loud construction activity, shall be prohibited from January 1 through June 30 of each year. 4. All lighting on the project site shall be directed away from the hillsides. The project CC&Rs shall include this prohibition for individual homeowners. 5. Plants toxic to bighorn sheep shall be prohibited on the site. The project proponent shall secure a clearance letter from a qualified biologist, certifying the suitability of the plant palette for the project site. The project CC&Rs shall include this prohibition for individual homeowners. 6. The CC&Rs for the project shall prohibit dogs from running loose in the project site. 7. The CC&Rs for the project shall include a provision prohibiting access by either persons or animals to the adjacent hillsides. 8. Prior to the issuance of grading permits, the applicant shall submit a plan demonstrating that all pesticides, fungicides, herbicides and fertilizers used on the site, during both construction and operations, are not harmful to wildlife. The plan shall be submitted to the Community Development Department for review and approval. -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. al., March, 2001.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? "A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. al., March, 2001.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. al., March, 2001.) V. a), b) & d) A cultural resource study was completed for the previous project proposed for this site2, and revised at the direction of the Historic Preservation Committee. The study found that the site is a potentially important historical resource, insofar as it has been in operation since the early 1920s. Potential resources on the site include residential and farm structures, orchards and roads. All these were studied for the report, and recommendations made as to their significance and disposition. The study found that the site is subject to important potential oral history for the City and region. The study further found that the structures on the site had limited or no historic value, primarily due to significant alterations. The study did not, however, provide criteria for qualification as a National Register structure. Finally, the study found that buried cultural deposits could occur, and that site monitoring is warranted during earth moving activities. The development of the residential project will have fewer impacts than that previously proposed, however, the impacts to cultural resources will be similar, and must therefore be mitigated, as described below: 1. Prior to issuance of any grubbing or grading permit for the site, the project proponent shall submit an Oral History to the Community Development 2 "A Phase I Cultural Resources Investigation of the Point Happy Ranch...," prepared by McKenna et. al., March, 2001, updated October 2003. -13- Department and La Quinta Historical Society. The oral history shall be prepared in accordance with the City's and the Society's standards for such documents. 2. The applicant shall submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of its historical context, including but not limited to, its relationship to the Bradshaw Trail, the stage coach line, water wells, and prehistoric Indian villages and trails. The Phase I Cultural Resources Report shall be completed prior to issuance of Certificate of Occupancy and be considered independently by the Historic Preservation Committee at a future date. 3. The applicant shall prepare a technical report on the eligibility criteria for National Register. 4. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to City prior to issuance of first earth -moving or clearing permit. A final mitigation monitoring report shall be submitted to the Historic Preservation Committee prior to the issuance of a building permit for the first production home for the project. 5. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. V. c) The proposed site occurs outside the boundaries of ancient lake Cahuilla, and is therefore not expected to contain any paleontologic resources. -14- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i), iii), iv), b)-e) The project site is not located in an Alquist-Priolo Earthquake Fault Zone, nor is it subject to liquefaction. The soil in the area is not expansive, and would support septic tanks. The proposed project will have no impact on these geologic hazards. VI. a) ii) The project site is located in a Zone IV groundshaking zone. The City and project site will be subject to significant ground shaking in the event of significant seismic activity. The City Building Department has implemented California Building Codes which are -15- intended to lower the potential impacts associated with groundshaking to less than significant levels. In addition, no critical facilities will be built at the site, rather single family residences are the only structures planned. These structures will be required to implement the most recent building codes in place at the time of construction. Impacts associated with groundshaking are expected to be less than significant. VI. a) ii) The site has the potential to be susceptible to rockfall due to its proximity to the slopes of the Santa Rosa mountains. The City Engineer requires the preparation of on -site geotechnical studies prior to the issuance of grading permits. However, this analysis generally does not include rockfall susceptibility. In order to assure that the homes proposed for the site are not subject to these potential impacts, the following mitigation measure shall be implemented. As part of the site -specific geotechnical analysis required for the project with submittal of building plans, the project geologist shall include an analysis of the surrounding steep hillsides, and shall make recommendations about the stability of these hillsides in his report, including slope modifications required to assure that roackfall will not impact project residences. The report shall be reviewed and approved by the City Engineer prior to the issuance of grading permits. -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) -17- h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The proposed project will result in the construction of 74 single family residences. No concentration of hazardous materials is expected in these homes. The City implements household hazardous waste programs through its solid waste franchisee. The site is not located within the vicinity of an airport or airstrip, nor is it subject to wildland fires. -18- Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) e) Create or contribute runoff water which would exceed the capacity of X existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) f) Place housing within a 100-year flood -19- hazard area as mapped on a federal Flood X Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIE. a) & b) The construction of 74 homes will not significantly impact water supply, nor will it violate water or wastewater requirements. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIE. c) & d) A hydrology study was prepared for the proposed project3. The proposed project will be responsible for the drainage of on and off site flows. Because of the site's adjacency to the Santa Rosa mountains, flows from the slopes must be accommodated within the project. The hydrology design includes a combination of surface drains and underground pipes, leading either to an on -site retention basin, or to a City drainage pipe which occurs in Washington Street. These improvements will be reviewed and approved by the City Engineer to ensure that the City's standards for on -site retention of 100 year storm events are adhered to. Conformance with these standards will ensure potential impacts are lowered to a less than significant level. VIII. e)-g) The construction of 74 homes will not have an impact on the City's storm drainage system. The site is not located within a FEMA designated 100 year storm area. 3 "The Estates at Point Happy Hydrology and Hydraulics Report," prepared by MDS Consulting, July, 2003. -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The project site occurs adjacent to existing single family development on its southern boundary. The proposed project will continue this type of development by constructing single family homes. The proposed General Plan Amendment and Zone Change will extend an area of Low Density Residential further to the north. The site is located adjacent to neighborhood commercial development, thereby facilitating easy access to the services required by residents. The change in General Plan and Zoning designations will lower overall impacts on the site, and provide an added opportunity for the provision of a variety of housing types in the City. Impacts of the change in land use designations is expected to be insignificant. -21- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. -22- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE B Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a), c) & d) The proposed project is in an area of the City where ambient noise levels are high, and are currently estimated at 76.1 dBA CNEL at 100 feet from the centerline of Washington Street, north of Highland Palms Drive. Further analysis performed for the previous project on this site indicated that 2020 noise levels will reach 77.3 dBA CNEI 4. Noise levels on lots not fronting on Washington Street are not expected to exceed City standards, due to their distance from the roadway, and intervening structures. 4 Analysis performed by Impact Sciences for "Draft EIR for the Point Happy Ranch, September 2001. -23- There are two potential noise impacts associated with project development — noise generated by the project and impacting surrounding development; and noise generated by other sources and impacting the project site. These are discussed individually below. The proposed project will result in the construction of 74 single family dwellings on 33.7 acres. Residential land uses are not significant noise generators, and are not expected to significantly impact the noise environment in this area. Noise generated during the construction process, however, has the potential to impact the residential land uses to the south of the proposed project site, both along Washington Street and along Crestview Terrace. Although noise impacts associated with construction will be periodic and of short duration, it can be an annoyance and irritant to adjacent residents. In order to reduce potential impacts associated with construction activities as they relate to these residences, mitigation measures have been included below. The proposed residential development is considered a sensitive receptor, and noise levels in the outdoor areas of the homes, including back yards, may not exceed 65 dBA CNEL, in order to meet General Plan standards. The half -width of Washington Street at buildout is expected to be 66 feet (Augmented Major Arterial Roadway Classification in the General Plan). The project proposes a landscaped setback of 20 feet. This will result in backyards at a distance of 86 feet from the centerline. Without mitigation, noise levels in the back yards of lots 9 through 13 will be over 77 dBA CNEL at buildout, and over 76 dBA at construction. The project proponent has included a proposed perimeter wall in the project plan. Noise levels can be attenuated from 10 to 20 dBA by the construction of a 6 foot wall. Added attenuation can also be achieved through the construction of walls on berms, because the berms absorb noise impacts. It is important to note, however, that the effectiveness of the noise barrier is directly related to its structure. A wall with any type of break, including decorative fencing, entry gate, etc., has almost no effect. It can be inferred that the noise barrier proposed will attenuate noise to 57 to 67 dBA at a height of 6 feet. In order to assure that the attenuation meets the City's noise standard, a mitigation measure has been added which also requires the addition of a 1 to 2 foot berm. Because of the entry gates adjacent to lots 11 and 12, additional mitigation measures are required to ensure that noise levels remain at City standards in their side yard areas, since the gates will represent a break in the sound wall. This has also been provided below. These mitigations measures will reduce noise levels at the street -side lots to City standards. 1. All internal combustion equipment operating on the site shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located in the southwestern quarter of the site, as far away from existing homes and the surrounding hillsides as possible. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 4. A six foot wall shall be constructed on all sides of the property, except the frontage on Washington Street. -24- 5. A six foot wall, constructed on top of a varying berm of 1 to 2 feet in height, shall be constructed on the frontage on Washington Street. The wall shall be entirely of solid construction, with no breaks or "daylight" openings. The wall and berm shall be continued to the front yard setback line on the north boundary of lot 11 and the south boundary of lot 12. There shall be no breaks in the wall, from the front setback line to the connection with the wall on Washington Street. 6. Only single story homes shall be permitted on lots 9, 10, 11, 12, 13 and 14. 7. The pad elevations on lots 9 through 14 shall be as close to 72 feet or less, so as to limit exposure on Washington Street. XI. b), e)-f) Residential land use will not generate ground borne vibrations. The project is not located in the vicinity of either an airport of airstrip. -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project will result in 74 housing units, which are likely to generate about 173 residents. This increase in population is not significant, and is consistent with projected growth in the City. No impacts are expected to population and housing. -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. Impacts to parks will be limited, given the buildout population of 173 for the site. -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) Some private open space will be provided within the project site, in the form of retention areas and public open space. The proposed residential lots will be of sufficient size to allow on -site recreational facilities. The proposed project will also be included in the City's planning for new parks once constructed. -28- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency X access? (Project description) 0 Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) Traffic analyses have been completed for the project site for both the previously proposed commercial project, and the analysis contained in the General Plan EIRS. In addition, a review of the traffic analysis was conducted for the currently proposed project'. The first "The Pointe at Point Happy Ranch Traffic Impact Analysis," prepared by Urban Crossroads, March, 2001; General Plan Environmental Impact Report, City of La Quinta, March, 2002. Letter Report prepared by Weston Pringle & Associates, signed Weston Pringle, P.E., March 18, 2003. -29- two analyses focused on the land uses currently allowed on the property, including Community Commercial, Medium and Low Density residential. The last analysis, performed for the proposed project, focused on analysis of the proposed project. The previously completed analysis, for the commercial proposal, resulted in a daily trip generation of 5,715 ADT. The currently proposed project results in daily trips totaling 795 ADT, or a reduction in overall trips of 4,920 ADT. The intersection of Highway 11 and Washington Street is expected to operate at Level of Service D at General Plan buildout. Although this level of service is acceptable, the proposed project will relieve traffic pressures at this critical intersection, and must therefore be considered a beneficial impact on the region's traffic and circulation. The access to the site on Washington Street will be restricted to right turn only. Access on Crestview Terrace will also be restricted. U-turns will be available for those wishing to change direction at both Highland Springs Drive and Highway 111, which are both signalized intersections with left turn phasing. The internal design of the site calls for entry gates at both entry points. The entry gates on Washington Street will provide a stacking distance of over 90 feet, which exceeds the City's standards for stacking distances. Parking will be provided on -lot, as required in the Municipal Code. Bus stops are provided immediately north and south of the project site, and will be available to project residents. -30- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) 0 Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The land use intensity will be considerably decreased by implementation of the proposed project, and impacts will therefore be less -31- than those analysed in the General Plan EIR. All utilities charge a fee for connection and service, which will be payed by the developer or homeowner when the project is constructed. These fees are designed to recoup costs for the provision of services by the individual providers. No significant impacts associated with utilities are expected as a result of the proposed project. -32- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site is adjacent to critical habitat for the bighorn sheep, and may provide nesting habitat for birds subject to the protections of the Migratory Bird Act. Mitigation measures have been included in this document which will reduce these potential impacts to less than significant levels. The site has potential significance from a historic perspective, and may harbor prehistoric materials. Mitigation measures have been included in this document which will reduce potential impacts to less than significant levels. XVII.b) The proposed project and associated land use amendments will improve traffic conditions at a critical intersection, and will reduce land use impacts to neighboring residents by limiting development to single family residences. The project is compatible with the General Plan and increases the City's housing stock. -33- XVII. c) The project will not have considerable cumulative impacts, and will not exceed those impacts identified in the General Plan EIR for this area of the City, or the City as a whole. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, which can cause negative health effects, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality to a less than significant level. 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F/JT4� � 0 0 0 0 § § § ( $ $ 2 k 1 Cd k k g § \ \ En « § •\ o d o % Q .\ •g 2 �4 0 2 ® �4 to R ® ° R � \ ƒ f \ ƒ ƒ 00 / ti R e �\ � § k // U d d A f m gEn g f/ f R d - # d $ u k \ U : 2 0rA k 2 Q A t ¥ � 2 / Cd k 7 � 7\ C w Q� / f k 2 u ƒ 2 - 2 § � / 3 q / g G / Cd to e +1 4 % / to)/ / F Q 'A dA A UU d cd Cd W b o b .0 rn'd •° am) •� In Cl) N 4+ C0 0ad c� H � W V� ¢ P. Ul P. � C� fa. P. Cn ~f�. � O 4-- Cd U u U U i. Cd O O O uo O O ti O U py, a a 0 Wz o 0 0 lu 0 co 0 a Uq UQ P UCH U�-1 on z U C Cd co C co z bo d F—Cd 121,b oz cn ri UCA iw o N � k A b� 7/ /Q g g g 2 2 \ 3 .[ .[ 0 0 0 i 2 3 2 w0 9i �O _ ] d \ 2Cd P. 2 2 E E to� to / / to / % » 2 u •§ � \ � E 3 § 7 A / cn K m Cd / @ / � 8/ k * � cl 7 0-4 u « w / cn $ / k § \ / 2 2 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT TO CHANGE LAND USE DESIGNATIONS FROM MEDIUM DENSITY RESIDENTIAL (MDR) AND COMMUNITY COMMERCIAL (CC) TO LOW DENSITY RESIDENTIAL (LDR) CASE NO.: GENERAL PLAN AMENDMENT 2003-094 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23'd day of September and on the 281h day of October, 2003, hold a duly noticed PuNic Hearing to consider Environmental Assessment 2003- 479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Medium Density Residential and Community Commercial to Low Density Residential, and for a Tentative Tract Map to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot), generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, said General Plan Amendment 2003-094 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings of approval to recommend to the City Council approval of said General Plan Amendment: 1. Internal General Plan Consistency: The proposed General Plan Amendment is internally consistent with the goals, objectives and policies of the General Plan in that the Amendment will provide for continued single-family development adjacent to existing single-family development. PC RESO GPA 03 094 Planning Commission Resolution 2003- General Plan Amendment 2003-094 Madison Development, LLC October 28, 2003 2. Public Welfare: Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes will be less intensive and consistent with existing land uses in the immediate area south of the site. 3. General Plan Compatibility: The proposed project will be compatible with existing and surrounding land uses in that it is consistent with development in the immediate area and consistent with the City of La Quinta General Plan. 4. Property Suitability: The proposed project will be suitable and appropriate for the property and adjacent properties in that it will be consistent with the permitted uses in neighboring communities and in accordance with the Zoning Code and goals, objectives and policies of the City of La Quinta General Plan. Urban services are currently accessible to the site which, would allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the proposed project is warranted because the land has been determined to be suitable for residential development. The change in land use from commercial to residential development is also warranted because commercial uses currently exist adjacent to the site that can serve the surrounding and project areas. Also, there is additional commercial land available for future development near the site that would serve future commercial uses to support the additional residential development. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission; and 2. That it does hereby recommend approval to the City Council of General Plan Amendment 2003-094, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PC RESO GPA 03 094 Planning Commission Resolution 2003- General Plan Amendment 2003-094 Madison Development, LLC October 28, 2003 PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this 281h day of October, 2003, 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 PC RESO GPA 03 094 IIIIIIIII III IIIII / P.M.FR I I III'IIIIIIII I IIIIIIII , IIIIII IIIIIIIII - /� , ' / / IIIIIII ?LI �Ililllll I -I �I'� - - 'III �r �I wII IIII IIIIII / �/ 11 1 1 1 11 I I I I I I I II I I 11 1 1 1 1 1 1 1 I I I I I I I I 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I II I I 1 1 1 I I I I I I I I I ' IIII IIIIIIII IIIIIIIIIIItIIIIII / IIIII IIIII I I IIIIIIIII IIIII III ' / / '/ IIIIIIII II11'II I IIIII IIIIIII / , I ICI II IIIIIIIII IIIII IIIIIIIII I ICI I I l l l i l' I I I I I I I�II II IIIII IIIIIII IIIIIIIII III / '/ / I 'I ICI I I I I I I I I I I' lil\ I I' II I I I I I I I I I I I I WMM III III I III I I IIIII co 11 III IIII III III II I I I I I I I I I I I I I I I I I I I I I I I I 7 I I I I I I I i l l l l I i■ I I I I I I 1 I I I I I I ;, I I l l l l l I I I I I I I I I I I I I I I I I I I I I I I �'I �� • I I I I I I I I I I I I I I I I I I I I I I I I 'il II 1111111111111'11111 I I I I I I I I I 'I uj I I I I I I I I I I I I I I I I I I I SI I I ( I I I I I I I I I I I I I I I CL Ul I i• I I II : I I I I I I I I I I I 1 IIIII 'IIIIIIIIIIIIIII'IIIIi1I1'I'Ill lit i� I I I I, I I II I I III l i I I I li l� I I I I 1 1 I I I I I I I I I l l l l l I I W 2 I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I� � I I I 1 1 1 I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11 l l l l l l l l l l l l l l I��' I I I I I I I I l l l l l l l I l l l j l l l l l l l l l l I I I I I I I I I I 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I III I I I I I I I I I I I I I l i I I I I I I I I I I I I I I I III�IIIIII1111 I IIIII IIIIII .� / I I I I I I I'I I I I I I I I I I'1 I I I I II i I I I I I I I I I I I I I ( I I I I I I I I I I I I I I I I I ( I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 I I I I I I I I j (IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII i I I l l III 11 1 1 1 I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I iIIIIIIIIIIIIIIIlII11IlIlIl1111111111111 /' I I I I I I 1 1 1 1 1 1 1 1 1 1 1 I I I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIII ', / IIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIII' :'/ I i l l t l l l l l l l l l l l l l IIIIIIIIIIIIII IIIII IIIIIIIIIIIIIIIIIII( I IIIIIIIIIIIIIIIIIIIIIIIIIIIIII / I I I I I I I I I I 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I j I I I I I I I I I 1 1 1 1 1 1 1 1 I I I I I i l l l l l l l l l l l II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �{ I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII // E XK fIDNo IF2AC I2117 1� 1 P,4AP 1UO2H ` ;:4/41-40 ) \ \ I I I / \ 9MDMD PAL I \ I I I '^ PLACE I 1- w I I I BAt� FLOWER \ PLACE L I I % I I \ I I I PALM_DARDER+ I c� I IF0 I c M9 DRIVE I I PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF TE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONE CHANGE TO CHANGE ZONING DESIGNATIONS FROM MEDIUM DENSITY RESIDENTIAL (RM) AND COMMUNITY COMMERCIAL (CC) TO LOW DENSITY RESIDENTIAL (RL) CASE NO.: ZONE CHANGE 2003-115 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of September and on the 281h day of October, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2003- 479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Medium Density Residential and Community Commercial to Low Density Residential, and for a Tentative Tract Map to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot), generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, said Zone Change 2003-115 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project to reduce impact to less than significant levels; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings of approval to recommend to the City Council approval of said Zone Change: 1. Consistency with the General Plan: The proposed Zone Change is consistent with the goals, objectives and policies of the General Plan in that the Zone Change will provide for continued single-family development adjacent to existing single-family development. PC RESO ZC 03 115 Planning Commission Resolution 2003- Zone Change 2003-115 Madison Development, LLC October 28, 2003 2. Public Welfare: Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes are less intense and consistent with existing land uses south of the site in the immediate area. 3. Land Use Compatibility: The new zoning will be compatible with existing and surrounding zoning designations in that it will be consistent with development in the immediate area and the City of La Quinta General Plan. 4. Property Suitability: The new zoning designation will be suitable and appropriate for the subject property in that it will be consistent with the permitted uses in the immediate area and in accordance with the Zoning Code. Urban services are currently accessible to the area which would allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the new zoning is warranted because the land has been determined to be suitable for residential development. The change in zoning from commercial to residential development is also warranted because commercial uses currently exist adjacent to the site that can serve the surrounding and project areas. Also, there is additional commercial land available for future development near the site that would serve future commercial uses to support the additional residential development. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission; and 2. That it does hereby recommend approval to the City Council of Zone Change 2003-1 15, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this 28' day of October, 2003, by the following vote, to wit: PC RESO ZC 03 115 Planning Commission Resolution 2003- Zone Change 2003-115 Madison Development, LLC October 28, 2003 AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PC RESO ZC 03 115 IIII 'IIIII PARCEL MAP 'P0211 ! I P.M.R. 124/41-40 / I I I I I I �•�� IZ gIII11111 III � - /�i, �"/fir T��•/,`�" �: IIII1� 130 I111II I11iI / Y/,, "/ /; �, 1} / I I I I I I I I I I I I I I I I I I I I I I 1 1 ��: �' • I t I I I I I I I I I 1 1 1 1 1 1 I I I I I I I I-- I- 111 I I I I I I I I I I I I I I I I I I I I I I I C I I , I I I I I � .' •�'��, 1 II1 _ (I I I I I I I I I III I l l l l l 1 1 1 1 1 1 1 1 I IIIIIIIIIIIII IIlil11111111 II'IIIIIIIII /�,� j / � I I I I I I I I I I I I I I I I I \ I I I I M w! 8N01X3 PALMS DRIVE - W�--,- I - I I l l l l l l l l l l l l l l l l l i l l I IIIIIIIIIII� III IIII IIII (IIIIIIIIII (IIIII �, � I I I 10 (IIIIIIIIIIIIII IIIIIII IIIII�IIIIIIIIIIIIIiII / -- - I �- - - - -r - - 1I 11'''' I W 7 I I I I I I I I I I I I I I I I I I I I I 1 Q r 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 1 '6A O DUNES „ �--- PLACE I ( I I I I I ( I I I I I I I II I I '�� / n •.. I I I I I I I I I I I I I I I I I I I I I I I O CjD I I I I I I I I I I I I I I I I I I I I I I I III I I I I i/ ;� I III I I I I I I I I I I ! I I I I I N I I I I I I I I I I I I III I I I I I , I I I I I I I I I I FLOWER _ �- I- I I I Ou 'IIIIIIIIIIIIIIIIII,IIIIIIIIIIIIIIIIIIII / � / / I I I I l l l l l l l l l l l l l l l l l l I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I 1 I I I I I I I I I I I I I Itl@E — I I I I I I I I I I I I I I I I I I I I- I PALM OARDER I e fill I I I I I I I I I I I I I I I 1 1 1 I i l l l l l l l l l l l l l l l IIIII I I I I I I I I I I I � I I �� r�jj I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 �- I -- �� I I c� I C,I I o f I E'QS rwr, rPA(r attr --- -- L PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 31348 TO SUBDIVIDE t 37.72 ACRES INTO 73 LOTS CASE NO.: TENTATIVE TRACT MAP 31348 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of September and on the 28" day of October, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2003- 479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Medium Density Residential and Community Commercial to Low Density Residential, and for a Tentative Tract Map to subdivide t 37.72 acres into 73 lots (72 single-family residential lots and one open space lot), generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, said Tentative Tract Map 31348 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to recommend to the City Council approval of said Tentative Tract Map 31348: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property will be designated Low Density Residential (LDR) which, allows single-family residential uses, and Open Space (OS) which, allows natural open space. 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the single-family lots will be provided PC RESO TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC October 28, 2003 from existing streets in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the subject site is physically suitable for the proposed land division and currently, development exists to the north, east, and south of the site which has reduced the amount of habitat suitable for any fish or wildlife. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there are existing streets that will provide direct access to the site. All required public easements will provide access to the site or support necessary infrastructure improvements for the proposed project. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Tentative Tract Map; 2. That it does hereby recommend approval of Tentative Tract Map 31348 to the City Council 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 City of La Quinta Planning Commission, held on this 281h day of October, 2003, by the following vote, to wit: PC RESO TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC October 28, 2003 AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PC RESO TTM 31348 PLANNING COMMISSION RESOLUTION 2003- TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC CONDITIONS OF APPROVAL - RECOMMENDED OCTOBER 28, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, 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, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 4. 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 five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection PGan ("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 BMP shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street — (Major Augmented Arterial, 132' ROW) — No additional right of way is required for the ultimate developed right of way except for an additional right of way dedication at the primary entry of 4 feet (75 feet from the centerline) running laterally along the east boundary of the tentative tract from the primary entry to its northerly end, to accommodate a deceleration/right turn only lane conditioned under "STREET AND TRAFFIC IMPROVEMENTS." 9. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 A. PRIVATE STREETS Property Dine shall be placed at the back of curb. The required right of way shall accommodate the required roadway travel width plus the approved curb and gutter design. Use of smooth curves instead of angular lines at property lines is recommended. 1) Lot B and C - Private Residential Streets measured from gutter flow line to gutter flow line shall have a 36-foot travel width except at the entry drives. B. CUL DE SACS 1) The cul-de-sac shall conform to tentative map with 38-foot curb using a smooth curve instead of layout shown on the tentative map the shape radius at the angular lines shown on the bulb or larger, similar to the 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. PC COA TTM 31348 Planning Commission Res6ution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. Direct vehicular access to Washington Street from lots with frontage along Washington Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. 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. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. 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. 20. 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. 21. 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 Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical B. On -Site Rough Grading/Drainage Plan 1 " = 40' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 22. 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. 23. 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 SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 26. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 27. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 28. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. 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 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. 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. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 32. 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. 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (ie the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. 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. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. 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. 39. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 DRAINAGE 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 42. The applicant shall discharge storm water not retained in the proposed retention basin drainage system from on -site, and off -site tributary area assigned to the development site, into the existing storm drain located in Washington Street. The applicant shall pay a prorated share of cost to design and install the storm drain. The prorated share shall be calculated on the basis on the percentage of the capacity of the existing storm drain system utilized by the development's storm water. The applicant's designer shall submit a hydrology report and calculations of the abovementioned capacity usage with the rough grading plan application. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of storm drain and retention basin capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 49. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 51. 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. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. 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. 55. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Augmented Arterial; 132' R/W): No additional widening on the west side of the street along all frontage adjacent to the Tentative Map boundary is required except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at the Washington Street Primary Entry. The west curb face shall be located sixty two feet (62') west of the centerline and shall accommodate an 1 1-foot wide by 150-foot long (including taper) deceleration lane. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 Other required improvements in the Washington Street right of way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Lot B and C - Construct full 36-foot wide travel width improvements within a 39-foot right-of-way where the residential streets are double loaded, except at the entry drive areas. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. D. GATED ENTRY DRIVES 1) Primary Entry (Washington Street) PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 a) The gated main entry on Washington Street shall provide for a two -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. b) The applicant shall submit a detailed exhibit at a scale of 1 " = 10, demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around back out onto the main street from the gated entry. c) Two lanes of traffic shall be provided on the entry side of the gated entry, one lane shall be dedicated for residents, and one lane for visitors. 2) Secondary Entry (Highland Palms Drive) a) The gated main entry on Highland Palms Drive shall be for resident's entry only. The applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a "U" Turn back out onto the Highland Palms Drive from the gated entry. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 56. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 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. 57. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right turn in, right turn out. Left turn in and left turn out movements are restricted. 58. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 59. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 60. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 62. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 63. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 64. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 65. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. 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. 69. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 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. 70. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 71. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 73. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 74. 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). 75. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 COMMUNITY DEVELOPMENT DEPARTMENT 76. An Oral History Program shall be prepared by a qualified Historian at the applicant's expense, in cooperation with the La Quinta Historical Society. 77. The applicant shall prepare a technical report on the eligibility for the National Register of Historic Places. 78. The applicant shall submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of it's historical context, including but not limited to, it's relationship to the Bradshaw Trail, the stage coach line, water wells, and prehistoric Indian villages and trails. The Phase I Cultural Resources Report shall be completed prior to issuance of Certificate of Occupancy and be considered independently by the Historic Preservation Committee at a future date. 79. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to City prior to issuance of first earth -moving or clearing permit. A final mitigation monitoring report shall be submitted to the Historic Preservation Committee prior to the issuance of a building permit for the first production home for the project. 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 81. The applicant shall design new gates, similar to the existing gates, and incorporate the name "Point Happy Ranch" into the gates. The applicant shall place a plaque on, or near the gates, commemorating the site and it's relationship to the region. 82. The applicant shall name streets within the development after individuals historically associated with the property. PC COA TTM 31348 Planning Commission Resolution 2003- Tentative Tract Map 31348 Madison Development, LLC Conditions of Approval -Recommended October 28, 2003 83. 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LOCATION: NORTHEAST CORNER OF AVENUE 48T" AND ADAMS STREET; APN: 649-030-036 ENVIRONMENTAL CONSIDERATION: A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2003-466) WAS CERTIFIED BY THE CITY COUNCIL ON JANUARY 7, 2003, FOR THIS PROJECT UNDER RESOLUTION 2003-005. THERE ARE NO CHANGED CIRCUMSTANCES, CONDITION, OR NEW INFORMATION WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. GENERAL PLAN LAND USE DESIGNATION ZONING: HIGH DENSITY RESIDENTIAL (HDR)/ HIGH DENSITY RESIDENTIAL (RH) SURROUNDING LAND USES: NORTH: HIGH DENSITY RESIDENTIAL & REGIONAL COMMERCIAL/ AVENTINE APTS. & STAMKO DEVELOPMENT SOUTH: LOW DENSITY RESIDENTIAL/ RANCHO LA QUINTA EAST: REGIONAL COMMERCIAL/ VACANT P:\Oscar\Santa Rosa Development\pc rpt.doc BACKGROUND: WEST: LOW DENSITY RESIDENTIAULAKE LA QUINTA Site Background At approximately 31.51 acres is size, the site is situated at the northeast corner of Avenue 48 and Adams Street (Attachment 1). The property is vacant and bound by the Aventine Apartments and the Stamko commercial development to the north; vacant property to the east, Lake La Quinta to the west and Rancho La Quinta to the south. Project Request The applicants are proposing to develop two residential developments: the first, a 149- unit detached, single-family senior housing development ("Senior Residential Project"); the second, a 36-unit market -rate, single-family development ("Market Rate Project"). The Market Rate Project will be located immediately adjacent to the Avenue 48 and Adams Street intersection (northeast corner); the Senior Residential Project will be located approximately 1215 feet east of the intersection on Avenue 48th. The following applications have been filed for review: 1. A Specific Plan to establish development standards and design guidelines for two residential developments on a 31.51-acre site. The Specific Plan proposes development and design standards for the two developments. 2. Site Development Permits to ensure that the developments satisfy the development and design standards. 3. Two Tentative Tract Maps are necessary to subdivide the site into the two gated communities. Specific Plan The Specific Plan (Attachment 2) provides development standard for both project. Below is a comparison table. As illustrated, the Specific Plan proposes reduced setbacks, in keeping with the clustered housing concept. (Refer to Appendix D in the Specific Plan for additional information). The Casitas will be managed by a Homeowners' Association and deed restricted to prevent second dwellings. The Senior Residential Project will have six feet to ten feet side yard setbacks and 12 foot side yard setbacks for the Market Rate homes. PAOscar\Santa Rosa Development\pc rpt.doc The Specific Plan indicates that both projects will be 28-feet in height. Although the actual heights are smaller, the applicant indicates a desire to have the flexibility to adjust the heights of the homes. However, Avenue 48 is designated a Secondary Image Corridor limiting the height of homes to 22-feet within 150-feet of the street. To accommodate both, staff recommends that a footnote be incorporated into the Specific Plan indicating that the height not exceed 22-feet in height within 150 feet of Avenue 48, a Secondary Image Corridor. Development Standard I Senior Res. Market Rate lFcode Req. Minimum project size for multifamily projects 19 acres 12 acres F 20,000 sq. ft Maximum structure height 28' (17'-11") l28' (18'-5") 40 ft. Maximum number of stories 1 F 1 3 Minimum front yard setback (non- 6 ft 12 ft 20 ft.1 dwelling) garage portions of Minimum garage setback for single-family attached 10 ft 12 ft 25 ft.2 Minimum interior/exterior side yard 3/10 ft 3/10 ft 10/15 ft3 setbacks Minimum rear yard setback 6 ft� 10 ft 20 ft. Maximum lot coverage 59% 45% 60% Minimum livable floor area excluding garage 1,200 sq. ft. 2,100 sq. ft. 750 sq. ft. Minimum landscape setbacks 10 minimum at adjacent to perimeter streets 20 ft 20 ft any point, 20 average over entire frontage4 minimum Minimum common open areas 31.3% 24% 30% Casitas N/A HOA MUP 1 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20-feet and 25-feet or more in order to avoid streetscape monotony. 2 Twenty feet if "roll -up" type garage door is used. 3 For interior side yards, five feet minimum plus one foot additional setback for every foot of building height above 28-feet, or fraction thereof, up to a maximum setback of 15-feet when said height above 17- feet is located between five and ten feet from said side yard property line. For the RH zone the interior setbacks, if the building is over 28-feet in height, the setback is ten feet plus one foot for every foot over 28- feet in height or fraction thereof, to a maximum setback of 15-feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 4 Per the landscaping and open space standards of Section 9.60.240. 5 Ibid. P:\Oscar\Santa Rosa Development\pc rpt.doc Site Development Permit The architecture style for both projects (Attachment 3) will be modern Mediterranean with rough stucco plaster exteriors accented with shutters, plaster recesses, decorative metal grilles and accent tiles. The garages will include sectional metal doors. Property walls will match the color of the homes. The projects will incorporate a mixture of flat and pitched roofs with colored tile. The Senior Residential Project will contain gabled roofs and the Market Rate Project will incorporate hip roofs. The Senior Residential Project consists of small lot, detached, two and three bedroom homes with two car garages and patio yards. Three floor plans are proposed with three elevations. The plans range in size from 1,200 to 1,400 square feet. Each unit will contain a walled patio yard area approximately 10 to 12-feet wide. The project will be constructed in five phases. The Clubhouse will also include the modern Mediterranean architectural style and consists of a recreation room, restrooms, kitchen, and office. Please note that the Clubhouse must adhere to the Secondary Image Corridor height standards of 22-feet within 150-feet of Avenue 48th. Staff has included a condition to restrict the height of the Clubhouse. The Market Rate Project will offer four to six bedroom detached homes that range in size from 2,100 to 3,450 square feet, including an optional third car garage, bedroom, den and or casita. Two elevations are proposed per plan. The casitas would be deed restricted to preclude a second unit and would be reviewed by the Homeowners' Association. This project would be constructed in two phases. Landscape The applicants propose a desert oasis theme, emphasizing water efficient material. Trees are proposed to be six to ten feet in height with a container size of 15-gallons with shrubs one gallon in size. 50% of the trees shall be 24-inch box trees. The common area landscaping will be maintained by the Homeowners' Association. The Perimeter wall will vary in height from five to eight feet. The entry gates will be a block wall with a plaster finish, precast concrete caps pilasters with steel gates. Tract Maps Two separate gated residential communities are proposed (Attachment 4), each with clustered housing units, some of these units will have vehicular access along common driveways. The internal streets provide on -street guest parking. Both projects will have access from Avenue 481n t; P:\Oscar\Santa Rosa Development\pc rpt.doc The Market Rate Project consists of 36 single-family clustered lots on approximately 12 acres. Lot sizes range in size from 9,200 to 11,900 square feet in size. Access on Avenue 48" will be limited (left and right -in and right -out). Emergency access is provided from the Senior Residential Project. Up to 126 on- and off-street parking spaces will be provided, 90 spaces are required by Code. No common recreational facilities are proposed. The Senior Residential Project consists of 149 clustered lots on approximately 19 acres. Lots will range in size from 2,100 to 4,600 square feet. Full movement will be provided from Avenue 48. Approximately 372 on- and off-street parking spaces will be provided, which is consistent with the Code requirements. Emergency access is provided through the Market Rate Project. Interior amenities include a recreation club house and pool facility. Architecture and Landscape Review Committee The Architecture and Landscape Review Committee (ALRC) reviewed and recommended approval of the proposed projects on October 1, 2003 (Attachment 5), with a condition that the pine trees be removed from the landscape plan. Public Notice This application was advertised in the Desert Sun newspaper on October 17, 2003. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. 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. Statement of Mandatory Findings: The findings necessary to recommend approval of the Specific Plan, Site Development Permits and the Tract Maps can be made, as noted in the attached Resolutions. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2003-_, recommending to the City Council approval of Specific Plan 2003-063, subject to conditions P:\Oscar\Santa Rosa Development\pc rpt.doc 2. Adopt Planning Commission Resolution 2003- , recommending to the City Council approval of Site Development Permits 2003-766 and 2003-767, subject to conditions. 3. Adopt Planning Commission Resolution 2003- , recommending to the City Council approval of Tentative Tract Maps 31310 and 31311, subject to conditions. Attachments: 1. Location Map 2. Specific Plan (Planning Commission only) 3. Floor plans and Elevations (Planning Commission only) 4. Tentative Tract Maps 31310 and 31311 (full size, Planning Commission only) 5. ALRC Draft, Minutes of October 1, 2003 Prepared by: Oscar W. Orci, Planning Manager 06, PAOscar\Santa Rosa Development\pc rpt.doc PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR TWO SINGLE-FAMILY RESIDENTIAL SUBDIVISIONS LOCATED ON 31.51-ACRES AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET CASE NO.: SPECIFIC PLAN 2003-063 APPLICANT: SANTA ROSA DEVELOPMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of October, 2003, hold a duly noticed Public Hearing to consider Specific Plan 2003-063, to allow the design guidelines and development standards for the subdivision of 31.51 acres into two single-family detached residential subdivisions generally located at the northeast corner of Avenue 48 and Adams Street, and more particularly described as: APN's 649-030-036 WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, condition, or new information which 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 make the following mandatory findings recommending approval of Specific Plan 2003-063: 1. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the project has been designated for High Density Residential. 2. This Specific Plan will not create conditions materially detrimental to the public health, safety, and welfare in that the development allowed under the Specific Plan is compatible with existing uses and the development standards contained in the Specific Plan will ensure high quality development. P:\Oscar\Santa Rosa Development\pc reso sp.doc Planning Commission Resolution 2003- Specific Plan 2003-063 — Santa Rosa Development Adopted: October 28, 2003 3. That the Specific Plan is compatible with the existing and anticipated area development in that the project is to be located on land designated as High Density Residential. 4. That the project will be provided with adequate utilities and public services to ensure 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 it does hereby confirm the conclusion that Environmental Assessment 2003-466 assessed the environmental concerns of the Specific Plan; and, 3. That it does recommend approval to the City Council of Specific Plan 2003-063 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28th day of October, 2003, 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 PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2003-063 - SANTA ROSA DEVELOPMENT ADOPTED: OCTOBER 28, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The applicant shall include a footnote on the Specific Plan that will limit the height of all structure to 22 feet in height within 150 feet of Avenue 48. P:\Oscar\Santa Rosa Development\PC SP COA.doc 1 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF 31.51 ACRES INTO APPROXIMATELY 12 ACRES FOR A RESIDENTIAL SUBDIVISION CONSISTING OF 36-UNIT MARKET RATE SINGLE-FAMILY HOMES CASE NO.: TENTATIVE TRACT MAP 31310 APPLICANT: SANTA ROSA DEVELOPMENT, INC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of October, 2003 hold a duly noticed Public Hearing to consider a request by Santa Rosa Development, Inc., for approval of a Tentative Tract Map to subdivide 31.51 acres into approximately 12 acres for a residential subdivision consisting of 36-unit market -rate single-family homes, generally located at the northeast corner of Avenue 48 and Adams Street, more particularly described as follows: APNs: 649-030-036 WHEREAS, said Tentative Tract Map application have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has determined that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, conditions, or new information which 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 desiring to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Tentative Tract Map 31310 : 1. Consistency with the General Plan: The property is designated for High Density Residential uses on the General Plan Land Use Map. The project is consistent with the goals, policies and intent of the General Plan insofar as high density residential is consistent with the land use designation of the City. P:\Oscar\Santa Rosa Development\PCReso-31310.doc `� Planning Commission Resolution 2003- Tentative Tract Map 31310 Santa Rosa Development Adopted: October 28, 2003 2. Consistency with the Zoning Code: With the Specific Plan, the proposed project is consistent with the development standards of the High Density Residential Zoning District, including, but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, circulation, open space and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA): The design of the subdivision and the proposed improvements are not likely to either cause substantial environmental damage or substantially injure fish and wildlife or their habitat. The proposed project is consistent with the requirements of CEQA, in that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21 166 4. Design Improvements: The design of the subdivision and/or the type of improvements are not likely to cause serious public health problems in that the site is physically suitable for the subdivision. Infrastructure improvements (water, sewer, gas, electricity, etc.) will serve the site as required. 5. Easements/Access: The design of the subdivision will not conflict with the easements, acquired by the public at large, for access through, or use of property, within the proposed subdivision in that adequate roadways will be provided to meet the intent of the Circulation Element of the General Plan. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Tentative Tract Map; 2. That it does hereby recommend approval to the City Council of Tentative Tract Map 31310 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PAOscar\Santa Rosa Development\PCReso-31310.doc i Planning Commission Resolution 2003- Tentative Tract Map 31310 Santa Rosa Development Adopted: October 28, 2003 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28th day of October, 2003, 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 PAOscar\Santa Rosa Development\PCReso-31310.doc PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31310 SANTA ROSA DEVELOPMENT — MARKET RATE PROJECT ADOPTED: OCTOBER 28, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, 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, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 For all construction sites five (5) acres or more, a project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI ), prior to the issuance of a grading or site construction permit by the City.) 4. 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 five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm 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. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 2 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 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. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Adams Street and Avenue 48 (Primary Arterial, Option A - 1 10' ROW) — The standard 55 feet from the centerline of Adams Street and Avenue 48 for a total 1 10-foot ultimate developed right of way. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 3 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 9. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative tract map. Use of smooth curves instead of angular lines at property lines is recommended. 1) Private Residential Streets measured at gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger, using a smooth curve instead of angular lines similar to the layout shown on the tentative map. C. COURTYARD DRIVEWAY 1) The courtyard driveway area throat width and layout shall conform to the shape shown on the approved tentative map. Parking shall be prohibited in all common courtyard driveway areas. The applicant shall establish provisions for ongoing enforcement of the parking as previously conditioned. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 4 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 11. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 12. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 13. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Adams Street and Avenue 48 (Primary Arterial) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Adam Street and Avenue 48 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. 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. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 5 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 18. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. 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. 19. 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. 20. 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. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc L Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street/ Storm Drainage Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading Plan 1 " = 40' Horizontal D. Site Development Plan 1 " = 30' Horizontal E. Off -Site Street Median Landscape Plan 1 " = 20' 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. "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. 21. 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. 22. 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. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc rI Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 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 SECURITY AGREEMENTS 23. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 24. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 26. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 27. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 8 P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 0 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 28. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 11 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. To comply with the above mentioned conditions, the applicant is advised of the following acceptable grading techniques: lowering elevations across the entire tract and/or constructing retaining walls along the street perimeters that will allow for the maximum slope gradients in the parkway/setback area and the meandering sidewalk along Avenue 48. 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: B. A grading plan prepared by a qualified engineer, C. A preliminary geotechnical ("soils") report prepared by a qualified engineer, D. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and E. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 9 Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 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. 32. 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. 33. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Building pad elevations of perimeter lots shall not differ by more that one foot higher than the building pads in adjacent developments. 35. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 36. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 37. 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. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 10 y _. Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 38. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 39. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 40. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 41. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 42. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 43. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 44. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 45. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 11 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 46. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 47. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 48. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 49. 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. 50. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 51. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 52. The applicant shal[ 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. IiK P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 53. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Adams Street (Primary Arterial; 1 10' R/W, Option A): No street widening is required for Adams Street to conform with General Plan requirements. Other required improvements in the Adam Street right or way and/or adjacent landscape setback area include: A) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. B) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. 2) Avenue 48 (Primary Arterial; 1 10' R/W, Option A): No street widening is required for Avenue 48 to conform with General Plan requirements. Other required improvements in the Avenue 48 right or way and/or adjacent landscape setback area include: A) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 13 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 B) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. C) Construct a median opening in the existing landscaped median to accommodate the left turn in only movement and provide positive median barriers to restrict left turn out movements as approved by the City Engineer. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). A. PRIVATE STREETS (Except Entry Drive) 1) Lot B - Construct full 36-foot wide travel width improvements gutter flow line to gutter flow line where the residential streets are double loaded. Construct full 32-foot wide travel width improvements gutter flow line to gutter flow line where parking is restricted to one side and construct full 28-foot wide travel width improvements gutter flow line to gutter flow line where parking is restricted on both sides and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. B. PRIVATE STREET CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 14 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 C. COURTYARD DRIVEWAY 1) The driveway area throat width and layout shall conform to the shape shown on the approved tentative map. Parking shall be prohibited in all common courtyard driveway areas and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 54. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 55. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Collector 4.0" a.c /5.0" c.a.b. or the approved equivalents of alternate materials. 56. 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 P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 15 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 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. 57. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenue 48): Right turn in, Right turn out and Left turn in. Left turn out is prohibited. 58. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 59. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 60. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 62. The applicant shal0 provide landscaping in the required setbacks, retention basins, common lots and park areas. 63. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 16 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 64. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. QUALITY ASSURANCE 65. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 66. 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. 67. 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. 68. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 69. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 70. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 17 Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 FEES AND DEPOSITS 71. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. 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). FIRE MARSHAL 73. Approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 100 GPM for a two hour duration at 20 PSI. 74. Blue dot retro-ref lectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 75. Any turn or turn -around requires a minimum 38-foot turning radius. 76. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 77. The minimum dimensions for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Roads and/or driveways exceeding 150 feet in length shall have a Fire Department approved turn -around. 78. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 18 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31310 Santa Rosa Development — Market Rate Project Adopted: October 28, 2003 79. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation . Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 80. The required water system, including fire . hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the fire Department for approval. 81. The applicant/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. P:\Oscar\Santa Rosa Development\PC TT 31310 COA.doc 19 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT PLANS FOR A MARKET RATE SINGLE-FAMILY RESIDENTIAL SUBDIVISION CASE NO.: SITE DEVELOPMENT PERMIT 2003-767 SANTA ROSA DEVELOPMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta did on the 28th day of October, 2003, hold a duly noticed Public Hearing to consider the request of Santa Rosa Development, Inc., for approval of development plans for a Market Rate Single -Family Project by means of Site Development Permit 2003-767, generally located at the northeast corner of Avenue 48 and Adams Street, more particularly described as: APN: 649-030-036 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta did on the 1 st day of October, 2003, hold a duly noticed public meeting to consider a request for development plans for a Market Rate single-family residential subdivisions by means of a Site Development Permit 2003-767; and WHEREAS, said Site Development Permit have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has determined that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, conditions, or new information which 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 desiring to be heard, said Planning Commission did find the following facts and reasons to justify approving said Site Development Permit: 1. The Project is consistent with the General Plan in that the property proposed for the residential project is designated as High Density Residential. 2. The Project has been designed to be consistent with the provisions of the applicable Specific Plan. P:\Oscar\Santa Rosa Development\PC Reso-SDP767.doc .i { Planning Commission Resolution 2003- Site Development Permit 2003-767 - Santa Rosa Development Adopted: October 28, 2003 3. Processing and approval of the Project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that no changed circumstances, conditions, or new information has been submitted which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166. 4. The site design of the Project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access, and provided with adequate landscaping. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby recommend to the City Council approval of the above - described Site Development Permit request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28th day of October, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California P:\Oscar\Santa Rosa Development\PC Reso-SDP767.doc e Planning Commission Resolution 2003- Site Development Permit 2003-767 Santa Rosa Development Adopted: October 28, 2003 ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-767 SANTA ROSA DEVELOPMENT — MARKET RATE ADOPTED: OCTOBER 28, 2003 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The applicant shall remove the pine trees from the landscape plans. 3. Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper measured three feet from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two inch diameter) shall be used to stake trees. All shrubs and trees shall be irrigated by bubbler or emitters. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. Future home buyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. 4. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of street curbs. 5. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. 6. That all structures shall be limited to a maximum height of 22 feet within 150 feet of Avenue 48. PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF APPROXIMATELY 19.51 ACRES INTO A RESIDENTIAL SUBDIVISIONS CONSISTING OF 149-UNIT SENIOR RESIDENTIAL PROJECT CASE NO.: TENTATIVE TRACT MAP 31311 APPLICANT: SANTA ROSA DEVELOPMENT, INC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of October, 2003 hold a duly noticed Public Hearing to consider a request by Santa Rosa Development, Inc., for approval of a Tentative Tract Map to subdivide approximately 19.51 acres into a residential subdivisions consisting of 149- unit detached clustered senior housing project, generally located at the northeast corner of Avenue 48 and Adams Street, more particularly described as follows: APNs: 649-030-036. WHEREAS, said Tentative Tract Map application have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has determined that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, conditions, or new information which 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 desiring to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Tentative Tract Map 3131 1: 1. Consistency with the General Plan: The property is designated for High Density Residential uses on the General Plan Land Use Map. The project is consistent with the goals, policies and intent of the General Plan insofar as high density residential is consistent with the land use designation of the City. 2. Consistency with the Zoning Code: With the Specific Plan, the proposed project is consistent with the development standards of the High Density Residential Zoning District, including, but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, circulation, open space and landscaping. P:\Oscar\Santa Rosa Development\PCReso-3131 1.doc Planning Commission Resolution 2003- Tentative Tract Map 31311 Santa Rosa Development Adopted: October 28, 2003 3. Compliance with the California Environmental Quality Act (CEQA): The design of the subdivision and the proposed improvements are not likely to either cause substantial environmental damage nor substantially injure fish and wildlife or their habitat. The proposed project is consistent with the requirements of CEQA, in that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21 166 4. Design Improvements: The design of the subdivision and/or the type of improvements are not likely to cause serious public health problems in that the site is physically suitable for the subdivision. Infrastructure improvements (water, sewer, gas, electricity, etc.) will serve the site as required. 5. Easements/Access: The design of the subdivision will not conflict with the easements, acquired by the public at large, for access through, or use of property, within the proposed subdivision in that adequate roadways will be provided to meet the intent of the Circulation Element of the General Plan. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for these Tentative Tract Maps; 2. That it does hereby recommend approval to the City Council of Tentative Tract Map 31311 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28th day of October, 2003, by the following vote, to wit: P:\Oscar\Santa Rosa Development\PCReso-31311.doc Planning Commission Resolution 2003- Tentative Tract Map 31311 Santa Rosa Development Adopted: October 28, 2003 AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PAOscar\Santa Rosa Development\PCReso-31311.doc PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 31311 SANTA ROSA DEVELOPMENT - SENIOR RESIDENTIAL PROJECT ADOPTED: OCTOBER 28, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, 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, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 For all construction sites five (5) acres or more, a project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City.) 4. 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 five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm 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. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 2 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 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. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 48 (Primary Arterial, Option A - 1 10' ROW) — The standard 55 feet from the centerline of Avenue 48 for a total 110-foot ultimate developed right of way. 'The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street right-of-ways to be retained for private use required for this development include: P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 3 Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative tract map. Use of smooth curves instead of angular lines at property lines is recommended. 1) Private Residential Streets measured at gutter flow line shall have a 36- foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. COURTYARD DRIVEWAY 1) The courtyard driveway area throat width and layout shall conform to the shape shown on the approved tentative map. Parking shall be prohibited in all common courtyard driveway and cul de sac areas. The applicant shall make provisions for ongoing enforcement of the parking restriction. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 11. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 12. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 13. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Avenue 48 (Primary Arterial) - 20-foot from the R/W-P/L. PAOscar\Santa Rosa Development\PC TT3131 1 COA.doc 4 Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Avenue 48 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. 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. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 18. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 5 Planning Commission Resolution 2003- Conditions of Approval — Recommended 'Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 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. 19. 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. 20. 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. Off -Site Street Plan: Vertical 1 " = 40' Horizontal, 1 " = 4' The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street/Storm Drain Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading Plan 1 " = 40' Horizontal D. Site Development Plan 1 " = 30' Horizontal E. Off -Site Street Median Landscape Plan 1 " = 20' 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. F':\Oscar\Santa Rosa Development\PC TT3131 1 COA.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. "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. 21. 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. 22. 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 SECURITY AGREEMENTS 23. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 24. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 7 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 26. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 28. 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. 29. 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. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. PAOscar\Santa Rosa Development\PC TT31311 COA.doc A Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 30. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 31. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 33. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 34. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 35. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 9 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 36. 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. DRAINAGE 37. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 38. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 39. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 40. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. The applicant shall modify CVWD drainage outlets on their existing well site as necessary to mitigate erosion. 41. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 42. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 10 Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Tentative Tract Map 31311 Santa Rosa Development - Senior Residential Project Adopted: October 28, 2003 43. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 44. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 45. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 46. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 47. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 48. 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. 49. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 50. 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:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 11 Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Tentative Tract Map 31311 Santa Rosa Development - Senior Residential Project Adopted: October 28, 2003 STREET AND TRAFFIC IMPROVEMENTS 51. 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. 52. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Avenue 48 (Primary Arterial; 1 10' R/W, Option A): No street widening is required for Avenue 48 to conform with General Plan requirements. Other required improvements in the Avenue 48 right or way and/or adjacent landscape setback area include: 1) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 2) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. 3) A County of Riverside benchmark in the Avenue 48 right of way established by a licensed surveyor. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). P:\Oscar\Santa Rosa Development\PC TT3131 1 COA.doc 12 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 A. PRIVATE STREETS (Except Entry Drive) 1) Lots B through H - Construct full 36-foot wide travel width improvements gutter flow line to gutter flow line where the residential streets are double loaded. Construct full 32-foot wide travel width improvements gutter flow line to gutter flow line where parking is restricted to one side and construct full 28-foot wide travel width improvements gutter flow line to gutter flow line where parking is restricted on both sides and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. B. COURTYARD DRIVEWAY 1) The driveway area throat width and layout shall conform to the shape shown on the approved tentative map. Parking shall be prohibited in all common courtyard driveway areas and the applicant shall make provisions for ongoing enforcement of the parking restriction. 54. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 55. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 13 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 Residential 3.0" a.c./4.5" c.a.b. Collector 4.0" a.c /5.0" c.a.b. or the approved equivalents of alternate materials. 56. 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. 57. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenue 48): Full turn movement is permitted. 58. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 59. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 60. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 14 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 62. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 63. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 64. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. QUALITY ASSURANCE 65. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 66. 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. 67. 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. 68. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 69. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. FIAOscar\Santa Rosa Development\PC TT31311 COA.doc 15 Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 70. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 71. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. 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). FIRE MARSHAL '73. For any buildings with public access, i.e., recreational halls, clubhouses, etc., or buildings with a commercial use i.e., gatehouses, apartment buildings, maintenance sheds, et., super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a two hour duration at 20 PSI. '74. Blue dot retro-reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 75. City of La Quinta Ordinance requires all buildings, other than single family, 5,000 square feet or larger, to be fully sprinkled. NFPA 13 Standard (1313 and 13D systems are allowed). If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 76. Any turn or turn -around requires a minimum 38-foot turning radius. 77. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 78. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 16 Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31311 Santa Rosa Development — Senior Residential Project Adopted: October 28, 2003 79. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 80. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation . Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 81. This project requires secondary access/egress. It may betaken from TT 31310 and the access may be restricted to emergency vehicles only, however, public egress must be unrestricted. A reciprocal access agreement will be required and will need City approval. 82. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the fire Department for approval. 83. The applicant/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. 84. Building plan check is to run concurrent with the City plan check. P:\Oscar\Santa Rosa Development\PC TT31311 COA.doc 17 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT PLANS FOR A 149-UNIT SENIOR RESIDENTIAL PROJECT CASE NOS.: SITE DEVELOPMENT PERMITS 2003-766 SANTA ROSA DEVELOPMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta did on the 28th day of October, 2003, hold a duly noticed Public Hearing to consider the request of Santa Rosa Development, Inc., for approval of development plans for a Senior Residential Project by means of Site Development Permits 2003-766, generally located at the northeast corner of Avenue 48 and Adams Street, more particularly described as: APN: 649-030-036 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta did on the 1 st day of October, 2003, hold a duly noticed public meeting to consider a request for development plans for the residential subdivision by means of Site Development Permit 2003-766; and WHEREAS, said Site Development Permit have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has determined that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, conditions, or new information which 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 desiring to be heard, said Planning Commission did find the following facts and reasons to justify approving said Site Development Permit: 1. The Project is consistent with the General Plan in that the property proposed for the residential project is designated as High Density Residential. 2. The Project has been designed to be consistent with the provisions of the applicable Specific Plan. P:\Oscar\Santa Rosa Development\PC Reso-SDP766.doc t i Planning Commission Resolution 2003- Site Development Permit 2003-766 Santa Rosa Development Adopted: October 28, 2003 3. Processing and approval of the Project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that no changed circumstances, conditions, or new information has been submitted which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166. 4. The site design of the Project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access, and provided with adequate landscaping. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby recommend to the City Council approval of the above - described Site Development Permits request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28th day of October, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California PAOscar\Santa Rosa Development\PC Reso-SDP766.doc ''1 Planning Commission Resolution 2003- Site Development Permit 2003-766 and 2003-767 - Santa Rosa Development Adopted: October 28, 2003 ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\Oscar\Santa Rosa Development\PC Reso-SDP766.doc PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-766 SANTA ROSA DEVELOPMENT - SENIOR RESIDENTIAL PROJECT ADOPTED: OCTOBER 28, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The applicant shall remove the pine trees from the landscape plans. 3. Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper measured three feet from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two inch diameter) shall be used to stake trees. All shrubs and trees shall be irrigated by bubbler or emitters. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. Future home buyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. 4. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of street curbs. 5. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. 6. That all structures shall be limited to a maximum height of 22 feet within 150 feet of Avenue 48. P:\Oscar\Santa Rosa Development\PC SDP-766 COA.doc a, �i B 1 #A PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 28, 2003 REQUEST: USE INTERPRETATION OF SECTION 9.65-VILLAGE COMMERCIAL DISTRICT OF THE ZONING CODE LOCATION: THE VILLAGE COMMERCIAL DISTRICT BACKGROUND: Mr. Ted Newell has written a letter (Attachment 1) requesting a decision of the Commission as to whether or not a car wash use would be allowed in the Village Commercial (VC) District, specifically on Buena Ventura (Attachment 2). The Zoning Code indicates that certain uses are allowed in the VC Zoning District that, "combine essential day-to-day neighborhood goods and services, tourism and visitor - based retail and entertainment opportunities, and facilities necessary for the operation demands of such uses." It does not definitively list a car wash as a permitted use; it does, however, allow drive-in and drive-throughs (Section 9.65.020.B.5). Section 9.65.020.0 states, "The permitted uses in The Village area do not preclude other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village Use Permits." Section 9.10.060 of the Zoning Code permits the Community Development Director to make an interpretation of the Zoning Code, or refer the interpretation to the Planning Commission. Based upon this Code section, staff is therefore, submitting to the Planning Commission a request for an interpretation of a use in the Village Commercial District. Depending upon the Planning Commission's action, staff may need to prepare the necessary Zoning Code Amendments and schedule the matter for a public hearing. G:\WPDOCS\PC STF RPT\USEINTERCARWAS.DOC Memo To: Jerry Herman Director Date: 10/21 /2003 Community Development La Quinta, CA From: Ted Newell POB 1574 La Quinta, CA 92253 Mr. Herman, this is my request. I would like to have the following issue agendized for the October 28t' planning commission meeting: I would like to get a decision from the commission regarding whether or not they would allow a car wash on Lot 65 of Desert Club tract, unit 44, APN: 770-123-005. 1 expect this to be the type of car wash where the driver stays in the car while the car is pulled through the wash by a conveyer systems. I may or may not offer vacuum or wipe -off service. I have had a discussion with Steve Robbins of the Coachella Valley Water District, and he said that Water District would have not problem a car wash as long as a state of the art recycle system was part of the plan. This lot is situated between Tampico and Main Street, and is the second lot from the Tampico driveway of the Seniors Center. I understand that a site plan and building plan that meets the commission's requirements would be needed before any final use permit could be issued However, since the community development permitted uses do not specifically mention a car wash, I would like sonic guidance from the commission. Thank you. PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 28, 2003 CASE; NO: PUBLIC NUISANCE CASE NUMBER 9693 APPELLANT: ROBERT AND BARBARA VALDIVIA REQUEST: APPEAL OF PUBLIC NUISANCE DETERMINATION LOCATION: 54-360 AVENIDA JUAREZ BACKGROUND: On August 13, 2003 an inspection warrant was served and executed at 54-360 Avenida Juarez ("]Property"). During the inspection, it was found that there were several additions made to the original building that required a building permit prior to construction. A Public Nuisance was subsequently declared to exist at the above -noted address. This determination was based on the existence of the following items that were constructed on the Property without a building permit, in violation of La Quinta Municipal Code Section 8.01.060; (1) the garage was converted into an office, restroom, laundry room and storage room; (2) patio covers on the north and east side of the residence; (3) room addition on the southwest corner; (4) framing of a non -permitted patio structure for conversion to a room; (5) several block walls; (6) electrical lighting above the garage; door on the exterior of the property; and (7) an air conditioning unit (collectively, "Additions"). A criminal citation has been issued for items 11 and 12 on the Notice Of Public Nuisance (Attachment 1) and the Indio Court will be determining their outcome. These items are a recurring violation and were included on the notice only to serve as requirements/corrections needed to aid the homeowner in achieving compliance. items are before the court, the Planning Commission should take no action on them. a list of Since these The house at 54-360 Avenida Juarez was constructed in 1978, and was built to the standards of the 1976 Uniform Building Code. The 1976 Uniform Building Code Section 301(a) requires that building permits be obtained for room additions, including those described above. (Attachment 2.) Any construction after that date would have required the homeowner to obtain a building permit from Riverside County. Riverside County ("County") was responsible for the inspections and records pertaining to the Property at the time the residence ("Residence") was constructed on the Property in 1978. The County has indicated that the only building permit ("Permit") it has on file for the Property is for the original construction of the Residence. (See Attachment 3.) This Permit reflects the any of the Additions listed above which are the subject of this appeal. The City's files similarly do not contain any improvement permits on this Property. GRANDFATHER CLAUSE: A "Grandfather Clause" permits a use or condition of property to lawfully continue after a law or ordinance is enacted making that use or condition unlawful. For a Grandfather Clause to apply, two things must be true: (1) the unlawful use or condition must have lawfully existed prior to the passage of the prohibitory law or ordinance; and (2) there must exist explicit legal authority specifically providing for the continued use or condition. Here, the appellant contends that the above -noted Additions were "Grandfathered" since they occurred prior to the City's incorporation. However, appellant has not identified the applicable "Grandfather Clause" he is attempting to apply in any law, ordinance, or other legal authority. Perhaps more importantly, appellant neither has, nor can, provide any evidence reflecting that the Additions were ever lawfully constructed, thus rendering any attempted application of a Grandfather Clause a futile exercise. Clearly the requirement for obtaining a building permit was in place at the time the Additions were made. The City, upon incorporation, is required to take over the responsibility of maintaining the housing stock to the building codes that were in place at the time of construction, and to regulate new construction. The Building Code provides for the safety of the persons who occupy the dwelling, and ensures that minimum safety standards are observed in the construction process. These safety standards reduce the potential for electrocution, fire, collapse of the structure, etc. La Quinta Municipal Code Section 11.72.030 M (Attachment 5) declares any violation of the uniform codes adopted by the City, including the Building Code, to be a Public Nuisance. Failure to uphold this Public Nuisance places the occupants of the Property, everyone who visits them, and everyone who lives near them at potential risk of injury or loss of life. RECOMMENDATION: Adopt Minute Motion 2003- upholding the Notice Of Public Nuisance as issued. Attachments: 1. Notice of Public Nuisance 2. Copy of the 1976 Uniform Building Code Section 301(a) 3. Copy of original building permit and Declaration from County Custodian of Records 4 Appeal letter 5. La Quinta Municipal Code Section 8.01.060 6. La Quinta Municipal Code Section 11.72.030 M � fJvvC � � `_�� ATTACHMENT � Q P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 NOTICE OF NUISANCE September 30, 2003 Robert & Barbara Valdivia 54-360 Avenida Juarez La Quinta, California, 92253 Dear Owner(s): RE: Case # 9693 Parcel #774-233-005 & 774-233-017 Officer. Anthony Moreno THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. The purpose of this letter is to notify you that the Notice and Order served on September 12, 2003 via posting, certified mail and regular mail has been rescinded to provide an adequate appeal process. OD CASE. NUMBER: 9693 --September 30, 2003 Page 2 of 5 This Notice of Public Nuisance is also being served via posting, certified mail and regular mail to advise you of the following. A recent inspection of your property revealed conditions in violation of the La Quinta Municipal Code. You are required to correct these violations within TWENTY- ONE (21) DAYS from the date of this notice. Your property will be re -inspected to verify compliance after the twenty-one (21) day time frame has lapsed. SEE ATTACHED INSPECTION REPORT FOR VIOLATION(Sl AND CORRECTIVE ACTION REQUIRED. Failure to correct the listed violation(s) within the time frame indicated may result in the City initiating abatement proceedings, criminal prosecution and/or the City placing the aforementioned property into receivership to correct the violation(s). If the City is forced to proceed with the abatement proceedings, the owner(s) of record may incur the direct costs of the abatement. Also, any additional costs assessed due to possible judicial process. In addition to the above referenced costs, all contractor abatement costs plus an additional 25% will be charged to the property owner(s) as a lien upon the property and shall become the personal obligation of the owner(s) of record. You are entitled to appeal the determination that a public nuisance exists to the Planning Commission. Within ten (10) days from the date of personal service, posting or mailing of the Notice of Public Nuisance, the appeal shall be in writing and filed with the city clerk. By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you have any questions, please contact Anthony Moreno at (760) 777-7034. Please provide the case number (#9693) and the property address. Your assistance in supporting the Code Compliance Department to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require assistance. Sincerely, " 7%_7)%g- - Anthony Moren Code Compliance Officer CC: Law Offices of Peter R. Cabrera Meritage Mortgage Company 82-632 B Highway 111, Suite Re: Loan # 1000084122 Indio, CA 92201 9710 Two Notch Road Columbia, South Carolina, 29223 0 • NOTICE OF CODE VIOLATIONS CASE NUMBER: 9693 Page 3 of 5 PUBLIC NUISANCES 1. Code Violation: The garage located on the Subject Property was illegally converted into an office, restroom, laundry room, and storage facility, in violation of La Quinta Municipal Code ("LQMC") 8.01.060 and 11.72.030(M); Correction: Restore the illegal garage conversion to its original condition and its primary designated use (garage), including removal of the block wall that denies vehicular access to that garage. 2. Code Violation: There are illegal patio covers installed on the north and east side of the residence, in the absence of plans, permits, or required inspections, in violation of LQMC 8.01.060 and 11.72.030(M); Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work to remedy the illegal patio covers on the east and north side of the residence on the Subject Property, or in the alternative, remove those structures in their entirety. 3. Code Violation: An illegal room addition on the southeast corner of the dwelling on the Subject Property exists and was constructed without a valid building permit, in violation of LQMC 8.01.060 and 11.72.030(M); Correction: Submit plans, obtain a permit and the required inspections, and complete any necessary work on the Subject Property, to ensure that the illegal room addition at the southeast corner of the residence meets the minimum building code standards, or remove the illegal room addition. 4. Code Violation: An illegal patio cover in the rear yard is being framed for conversion into an illegal room addition, without having a valid building permit, in violation of LQMC 8.01.060 and California Health and Safety Code ("H &S") 17920.3(i); • • NOTICE OF CODE VIOLATIONS CASE NUMBER: 9693 Page 4 of 5 Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work to remedy the illegal enclosure of the illegal patio cover, or in the alternative, remove the structure in its entirety. 5. Code Violation: Block walls were illegally constructed on the Subject Property, in violation of LQMC 8.01.060 and 11.72.030(M); H&S 17920.3(i); Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work on all block walls constructed on the Subject Property to remedy the existing defects. 6. Code Violation: The premanufactured storage shed located on the Subject Property violates the 3.5 foot side yard setback, in violation of LQMC 9.60.050(D) and 11.723.030(M); Correction: Relocate the premanufactured storage shed to provide a minimum of a 3.5 foot side yard setback from the block wall. 7. Code Violation: A block and wood framed storage shed constructed on the Subject Property violates the 3.5 foot minimum side yard and rear yard setback, in violation of LQMC 9.60.050(D); Correction: Relocate the storage shed constructed of block and wcod to provide a minimum of 3.5 foot side yard and rear yard setback from the block wall. 8. Code Violation: Electrical wiring and exterior lighting was unlawfully installed above the garage door on the exterior of the house, in violation of LQMC 8.01.060 and 11.72.030(M); California Uniform Housing Code ("UHC") 701.2 and 1005.5; H&S 17920(d); Correction: Submit plans, obtain a permit and the required inspections, and complete any necessary work to legalize the illegally installed electrical wiring above the garage door on the exterior of the house or remove same. 0 0 NOTICE OF CODE VIOLATIONS CASE NUMBER: 9693 Page 5 of 5 9. Code Violation: A mechanical air conditioning unit was installed on the Subject Property without a valid permit, in violation of UHC 701.2, H&S 17920(f); Correction: Submit plans, obtain the required permits and inspections, and complete any necessary work to legalize the mechanical air condition unit unlawfully installed on the subject Property. 10. Code Violation: Holiday lights are displayed in the front patio beyond seven days after the holiday, in violation of LQMC 9.160.020 and 11.72.030(M); Correction: Remove the temporary decorations and holiday lights from being displayed beyond seven days after the holiday. 11. Code Violation: Parking or storing construction equipment, machinery or building materials in a residential zone except during excavation, construction or demolition operations conducted pursuant to a building or grading permit, in violation of LQMC 11.72.030 (E); Correction: Remove all parked or stored construction equipment, machinery or building materials on the Subject Property, except during excavation, construction, or demolition operations conducted pursuant to a valid building or grading permit. 12. Code Violation: The establishment and operation of a Home Occupation without a valid ("Permit") and compliance with all conditions attached to that permit at all times, or in the alternative, the cessation of operating a business on the Subject Property, in violation of LQMC 9.60.110 and 11.72.030 (M). Correction: Obtain a valid Horne Occupation Permit ("Permit") and comply with all conditions attached to that Permit at all times, or in the alternative, cease operating a business on the Subject Property. ATTACHMENT #2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 BEFORE OF THE CITY OF LA QUINTA APPEAL OF ROBERT JOSEPH VALDIVIA; 13ARBARA VALDIVIA Case No. 9693 DECLARATION OF CUSTODIAN OF RECORDS OF THE COUNTY OF RIVERSIDE DECLARATION OF CUSTODIAN OF RECORDS I, the undersigned, am authorized as the Custodian of Records in the Department of Building and Safety ("Custodian of Record") for the County of Riverside, and I hereby certify and declare as follows: 1. I am an employee of the County of Riverside and have personal knowledge of the procedures and practices for preparing the records attached hereto. As the Custodian of Records, I have the authorization to certify records on behalf of the County of Riverside ("County"). I have personal knowledge of the facts set forth in this declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. The County records that are concurrently submitted with this Declaration are true and correct copies of those records. As custodian, I can testify to the records' identity and method of preparation. Such records were prepared by and/or at the direction of employees of the County of Riverside within their scope of duty, concerning or relating to the facts and incidents described in the records. The source of the information and method for preparation were such as to indicate DECLARATION OF THE RIVERSIDE COUNTY CUSTODIAN OF RECORDS 1 their trustworthiness. 2 3. Submitted with this Declaration as Exhibit "A" is a certified, true and correct copy 3 of Building Permit No. 316946 ("Permit"), the only building permit contained within the 4 County's file pertaining to the property located at 54-360 Avenida Juarez, La Quinta, California 5 ("Subject Property"). 6 4. Submitted with this Declaration as Exhibit `B" is a certified, true and correct copy 7 of the "Application to Construct" pertaining to the Subject Property. 8 5. A diligent and thorough search of the County's files has been carried out under my 9 direction. This search has revealed that no further documents, permits, records, or other materials 10 pertaining to the Subject Property, other than those referenced in Exhibits "A" and `B," exist in 11 the County's files. 12 13 I hereby declare under penalty of perjury under the laws of the State of California, that the 14 foregoing is true and correct. p 15 Executed on the day of October, 2003, at Il rIe s , California. 16 _ 17 Lyn Tontz 18 Custodian of Records, County of Riverside 19 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF THE RIVERSIDE COUNTY CUSTODIAN OF RECORDS HEADQUARTERS DEPARTMENT OF BUILDING SAFETY COUNTY OF RIVERSIDE a l iJ iRUCTION ESTIMATE NO. ELECTRICAL FEES -- -NO. JPLUMBING FEES UNITS m Ft. *a TE 11 So FT A 22� MYOOBILEMO E Svc SINK L� 50� FT' 4117Z.0 POWERso OUTLET I ROOF GRAINS - DqA!NACE PIPING SO. FT. I DRINKING FOtyNTA'-N WAU so. FT IU9!NAL SQ FT. j0"YWOONSMXTION VALUAnON 1-2.91 P;DN G SWIM POOL PVT 7wim POOL COMM S'GN 1 FLOOR ORAIN SOtTENER `11FR tALJTO-r9F* !."Vk GARBAGE D(SP",;-: LAIJNDRY TRA' MECHANICAL FEES CIEVAP.com XMOOD TIDLE METEI? 1'. !.Veg ®UNIT 0 WALL C) FLOOR 0 SUSPENDED CIFM TEMP USE PERMIT 5VC IIIJ U. WATER CLOSET A83MI 041YM -- POLE. TEMP/PERM ]lAtVATOI�; SHOWER CONVII" N FORtEOGRAVITY 0 AMPERES SERV ENT • WW =&T.U. So FT (,4 BATH TUB Si FT is G �CA WATER HEATER FT RESID In ''At fI,�%IAGE DISPC)SA, RF SO FT GAR K Vt, '-O-jSf SEWER PERNT FEE §L- TOTAA.F1995 -00 RC F PERMIT FEF $Ef Lec FFk FE Itl u a IF 1,694b J/ A) c 1.,- 041 yr 4;7 -T- 7 -,7 p.;- Lh. of , T Wv-s fdm he C.P Mu• m $ft s 7Z 4Z copo"w~ f6m c6l % 1043 L.9ol D-,.W- Z51- Fywlrp FA OM ScW b-d A- f* vdpl I- CwwL Fa S Can, k me, Cc) ch-Ar AtoC mc 0 c C3 77 Add� C-P �/��'�'.�ii � i - k rti rz✓ti' ��� .. �'�� • now 1MiAL1 ❑FLOOR Q SUSPENDED LAUNDRY TRAY l+;4 am IDLE METfR KITCHEN SINK S.T.U. TEMP USE PERMIT SVC WATER CLOSET POLE. TEMP/PERM LAVATORY kl' O GRAVITY QQ AMPERES SERV ENT 7C74" SHOWER O.T.V. SO FT T9 < BATHTUB rr r SO. FT QL t WATER HEATER .a+ SO. FT RESID is I'i c SEWAGE DISPOSAL p' FT GAR l4 �.c HOUSE SEWER Z., GAS PIPING f•' o� - PERMIT FEE 0 '' PERMIT FEE 'r_-- MKRO FEE M H. FEELCK. FEE COnSL�T�/FEE IiLECT F€ SMIFE/E�FEE4�,.e kA AdMw1 SPa• Zro O„ 14 7-7 rw 11. 0,i_ S &P Ir W'.n 2 Olt ��� =• • �: Db sCOV bomd Mwr Floe G'U F . = s • Cww use.. a onto ..... . , .: , ,. w r., '.: . ; •., .. �.. ,, ,.d l,+ �• ro 'M v.nrM»n 1 a iik— S AdIMw. 1. , r t . , i+'% .1 IM' tE*YII Sr�.� i °try'• i i Vt'".sN�vC11 c> %liic'N y2ro [rp Zip L awn. e 329,514, wo an'tala ..•.1.EJ bF. L2--ZY -4L2 Iwo lCe-rIMPO'Al ALPPPnVAL-c; AD L) IF I UNAL- [IN I- %a rf FYI A% A "v"- 0 it :.,')CATION c SrOONAME — ki 0 �DEPARTMENT OF BUILDING AND SAFETY � �NOTICE TO APPLICANT �� � V. I certify ap the owner (or the agent -[ the owner) that in the performance of the work for which this permit is issued . I have engaged ^ coutractnr, (Contractor most have on ftIc, or submit certificate required by I or 11 above.) Applicant's t a7e Date Permit No. �1�2 Address and location where work is to be performed ` I Rev. 6/77 NOTICii 7NtS It NOT A 1111JILDING PERMIT DISTRICT APPLICATION TO CONSTPUCT Permit No DEPARTMENT OF WILDING AND SAFE? Y r t, COUNTY OF RIVERSIDE Contractor_ Adies , � ��q�_ Addres>` .�—•-���--------•---. d_ s --..- City -Tom'- 31pRi.• - city--' R Phone_ 34-C-. 0 C!7 Pl - - ione ' r fir(•,, 9jjivel-NNtM1d!►flgnld, hereby certify and acknowledge that Id(we) have road the aL�Pl.carion and agree ih.r If Curb and G.dtsr,. and and/or Dedication of right of way is r"..-d by the Courtly of R,vers,de the R.vers.din e County Department of Buddg and Safety WINO -a Final Inspection until said reCu.rentents have been met, t nm also Aware that n.+ work .s to be dons within the Ccunty AfW 'a ;�ilfNgufi*o\ eli.•toachment permit. �', •. ' f4OM1r'therefore, it is agreed that I (we) "It not )CCupy sanl property and wdt not CAv+e said Protkriv IC be oeCUP•ed until I (we) have c-e:.ft1n died W;I% NI ws of the founts of R.ventde and the Slate of Colrtorn.a gnyern.rq smd p. xrty. ?t SIGNATURE OF OWNER AND�OR J `. Approval by Signature from the Following Departmenh Listed Below •' Most Be Obtained Prior to the Issuing of a Construction Permit. �I�ZS.� I SPACE NO. r. � Wins 1 USE OF STdUCTURE boa' ins, 19— .+ids j".-------�--------- SINGLE FAMILY rr�DUPLEX ° FL>EG7ILDESCRIPTION+OAF PROPERTY .aa-��_-�,L�*a"��rrO__ h1ack.Z12_- APARTMENTS AGRIC. 0 •;q%tr; ^: ry : Qsali4a•-24-•-- -. _Ll>kLM-r.W^a •i.s-�- COMMERCIAL INDUSTRIAL e yo UNITY ALTERATIONS N�%^AP SUBMITTED PLANS __...-.. USE OF PERMIT -&. At4- ,' ' , ,:�;'li•P PARK��fN....Ojj'SPACES REQUIRED NO OF BUILDINGS NOW EXISTING - r._SETBACKS: FRONT 20f_st�Sl PEAR 21 -t -- ;`�' . a�rORADtMO PERMIT REQUIRED? YES NO LOT SIZE ._--50XjW ------ . . .. -� W'•:. ;. t,.5ET6ACK ORDINANCE _-.-.. _ OF. FEET RE.UIpED CN _ STREET •+r-'r•"" .,,�,,...��aa03�-_. SIGNATURE OF LAND USE OFFICIAL - ----- -- gATt:: WDICATiON REQUIRED: YES {f• NO C NO OF FEET _ CURB AND GUTTER REQUIRED. YES C NO C:-STET CAN CURB AND GUTTER FEASIBLY BE INSTALLED' YEz �- NO ; .•, HAS AN ACCEPTABLE APPLICATION BEEN MADE FOK ENCROACNMLNT PERMIT FOR DRIVEWAY AND STREET .: IMPROVEMENT Y NO E SIGNATURE OF ROAD DEFT OFFICIAL". �. fErfACE DISPOSAL 41. k• i..S 1 - W%?E� POLLUTION REMARKS ..__.. -_---_---. a PLOOD CONTROL — AIR POLLUTION DIV OF MNY _ -- �� YOUR PROPERTY MAY BE SUBJECT TO FLOOD. RIVERSIDE COUNTY ASSUMES - --- ---- NO RESPONSIBILITY IN EVENT OF FLOOD. CANARY - FILF PINK - APPLICANT 1976 EDITION ATTACHMENT #3 Chapter 3 PERMITS AND INSPECTIONS Application for Permits 301 Sec. 301. (a) Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official. (b) Application. To obtain a permit the applicant shall first file an ap- plication therefor in writing on a form furnished for that purpose. Every such application shall: I . Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Be accompanied by plans and specifications as required in subsection (c) of this Section; S. State the valuation of the proposed work; 6. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority. 7. Give such other information as reasonably may be required by the Building Official. (c) Plans and Specifications. With each application for a building per- mit, and when required by the Building Official for enforcement of any provisions of this Code, two sets of plans and specifications shall be sub- mitted. The Building Official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. EXCEPTION: When authorized by the Building Official plans and specifications need not be submitted for the following: 1. One-story buildings of Type V conventional woodstud construction with an area not exceeding 600 square feet. 2. Group M, Division I Occupancies of Type V conventional woodstud construction. 3. Small and unimportant work. (d) Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of suf- ficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules, and regulations. The first sheet of each 29 -In .. 1 . f% t .- . ATTACHMENT #4 1 k 1 2 3 :1I'. 51 6 7 8 9 10 111 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 Peter R Cabrera (SB Ng: 080911) LAW OFFICES OF PETER IL CABRERA 82-632 B Highway 111, Suite 3 Indio, CA 92201 Telephone: (760) 863-3840 Facsimile: (760) 863-3842 Attorneys for Defendants, Robert Joseph Joseph Valdivia and Barbara Valdivia IkECVl�, 22 Pm L- 2.1 Cf ; u CLFQ 'So BEFORE THE BOARD OF APPEALS OF THE BUILDING DIVISION OF THE CITY OF LA QUINTA APPEALS OF ROBERT JOSEPH VALDIVIA; BARBARA VALDIVIA 54-360 Avenida Juarez La Quinta, CA 92253 Appellants File number: 9693 NOTICE OF APPEAL STATEMENT OF APPELLANTS Come now ROBERT JOSEPH VALDIVIA and BARBARA VALDIVIA. appeal the NOTICE AND ORDER issued against them and their property on September 12, 2003, and decla as follows: OWNERSHIP OF PROPERTY Robert Joseph Valdivia and Barbara Valdivia, are owners of the property commonly known as 54-360 Avenida Juarez, La Quinta, California 92253, (hereinafter referred to as the "subject property," which is subject to the NOTICE AND ORDER issued on September 12, 200: ISSUES ON APPEAL 1. The garage located on the Subject Property was illegally converted into an office restroom, laundry room, and storage facility, in violation of La Quinta Municipal Code ("LQMC -1- 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 on 21 22 23 24 25 26 27 28 §§ 8.01.060, 9.04.040, and 11.27.030(m). Appellants deny the garage was converted illegally. Said conversion was accomplishe prior to the incorporation of the City of La Quinta. Appellants are further informed and believe, ai upon such information and belief, allege that any such conversion was approved by the City of La Quinta by virtue of a "grandfather" clause. 2. An illegal room addition on the southeast corner of the dwelling on the Subject Property exists and was constructed without a valid building permit, in violation of LQMC §§ 8.01.060 and 11.72.030(m). Appellants deny the room addition was illegal. Said conversion was accomplished prior to the incorporation of the City of La Quinta. Appellants are further informed and believe, a upon such information and belief, allege that any such conversion was approved by the City of La Quinta by virtue of a "grandfather" clause 3. The illegal patio cover in the year yard is being framed for conversion into an ille room addition, without a valid building permit, in violation of LQMC § 8.01.060 and California Health and Safety Code ("H&S") § 17920.3(i). Appellants deny the patio cover is being framed for conversion. Appellants are informed and believe, and upon such information and belief, allege that any such conversion was approved by the City of La Quinta by virtue of a "grandfather" clause 5. Block walls were illegally constructed on the Subject Property, in violation of I LQMC §§ 8.01.060 and 11.72.030(m); H&S 17920.3(i). Appellants deny the block walls were illegally built.. Said walls in the front yard we accomplished prior to the incorporation of the City of La Quinta. Appellants are further informec and believe, and upon such information and belief, allege that any such conversion was approved the City of La Quinta by virtue of a "grandfather" clause. As to the walls in the rear yard, Appellants admit they obtained necessary permits from the City of La Quinta, but admit they hav never requested a final inspection and will do so immediately. 7. Electrical wiring and exterior lighting was unlawfully installed above the garage -2- 11 04i, 3 4 5 6 7 8 9 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 door on the exterior of the house, in violation of LQMC §§ 8.01.060 and 11.72.030(m); Californid, Uniform Housing Code C UHC") §§ 701.2 and 1005.5; H&S 17920(d). Appellants allege that one of the lighting fixtures was in place at the time of the construction of the residence. Appellants contend they changed a fixture, and contend that a mere change of fixture is not an unlawful installation as alleged. However, Appellants admit and will correct the installation of a second fixture above the garage area. 8. A mechanical air conditioning unit was installed on the Subject Property without valid permit, in violation of UHC § 701.2, H&S 17920(f). Appellants deny that the mechanical air conditioning unit was installed on the Subjec Property illegally. Appellants anre informed and believe, and upon such information and belief, allege that H&H Air Conditioning Contractors obtained the necessary permits and installed the un in dispute. 9. The Subject Property is also in violation of the La Quinta Municipal Code section 11.72.030. Appellants deny the property is in violation of La Quinta Municipal Code section 11.72.030, so as to constitute a nuisance 10. The inspection warrant issued in this matter resulting in the observations of employees of the City of La Quinta was invalid, improperly served and the evidence seized as a result was illegally obtained. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 For all the foregoing reasons, Appellants appeal the NOTICE AND ORDER filed against them and their property. Dated: 09/22/03 LAW OFFICES OF PETER R. CABRERA By: PETER R. CABRERA Attorneys for Defendants, Robert Joseph Valdivia and Barbara Valdivia Dated: 09/22/03 &'r� uw-, a-' BertJoseph Valdivia Dated: 09/22/03 ,.,' Barbara Valdivia 1 -4- VERIFICATION STATE OF CALIFORNIA ) ) ss. County of Riverside ) 1 have read the foregoing NOTICE OF APPEAL and know their contents. I am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. EXECUTED Z on l Z U 3 _� , at La Quinta, California. OBERT JOSEPH VALDIVIA VERIFICATION STATE OF CALIFORNIA ) ss. County of Riverside ) I have read the foregoing NOTICE OF APPEAL and know their contents. I am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. EXECUTED on Z Z 3 , at La Quinta, California. I�f..� .. _._MR •�+ • I )i.uou r-errnlLs reyuireu. ATTACHMENT Title 8 BUILDINGS AND CONSTRUCTION Chapter 8.01 ADMINISTRATIVE CODE 8.01.060 Permits required. Section 301.1 of the Uniform Administrative Code, 1994 Edition, shall be revised to read as follows: Permits Required. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, including a swimming pool, spa or hot tub, or make any installation, alteration, repair, replacement, or remodel any building service equipment, including swimming pool, spa and hot tub equipment, regulated by this Title, except as specified in Section 301.2.1, or cause the same to be done without first obtaining a separate, appropriate perrrut for each building, structure or service equipment from the Building Official. (Ord. 276 § 2 (Exh. A) (part), 1995; Ord. 208 § 2 (part), 1992; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985) tp://194.169.1.2/cityclerk/citycode/_DATA/TITLE08/Chapter 8_01_ADMINIS... 10/23/� ruorrc nuisances oeciarea. ATTACHMENT 17i e 11 PEACES MORALS AND SAFETY Chapter 11.72 PUBLIC NUISANCES* 11.72.030 Public nuisances declared. The following are declared public nuisances: A. Buildings or structures which are abandoned, partially destroyed or in a state of partial construction; B. Buildings or structures that have dry rot or warped materials, are infested with termites, or the paint is cracked, peeled or blistered, rendering the building unsightly; C. Exterior walls, fences, driveways or sidewalks in a condition of deterioration or disrepair which are defective or unsightly; D. Broken windows, damaged doors or gates which constitute a health or safety hazard or which act as an invitation to trespassers, vagrants, wild or domestic animals or minor children; E. Parking or storing construction equipment, machinery or building materials in a residential zone except during excavation, construction or demolition operations conducted pursuant to a building or grading perrrdt; F. Land graded without a grading permit which causes or may cause eroding, subsidence or surface water drainage problems and is injurious or potentially injurious to adjacent properties and the public health, safety and welfare; G. Any excavation, pit, well or hole maintained in a manner that is dangerous to life or limb; H. Any accumulation of dust, sand, gravel, refuse and waste matter or discarded materials including building and construction materials that endangers public health and safety; (.Outdoor stairs, porches, hand railings, balconies and swings not maintained in accordance with the Uniform Building Code adopted by the city; J. Any swimming pool, spa, pond, foundation or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained resulting in polluted water; K. Premises so maintained as to cause the accumulation of polluted or stagnant water from any source which may cause a hazardous or unhealthy condition, breeding area for insects or erosion of foundation walls or soil; L. The use of any spray, paint, dye, chalk or similar substance to mark or deface any building, structure, hillside, rock(s), stormchannel, or any other surface open to public view which is commonly known as graffiti; M. Violation of any of the zoning or sign ordinances of the city or any of the uniform codes adopted by the city including the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, plumbing code, electrical code, mechanical code, swimming pool code, fire code, health code and Uniform Housing Code; N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties; 0. Outdoor burning of any material or structure unless sanction by the fire department as a training fire or when used as a cooking or comfort fire contained in a fireproof container no larger than four feet in diameter; P. Permitting any abandoned, unattended or discarded icebox, refrigerator, freezer or other similar container with an airtight door or lid that cannot be readily released from the inside to remain unattended inside or outside any building or structure; Q. Stockpiling fill dirt or other material without a grading permit; R. Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties; S. Landfills containing organic materials except those permitted by the building director or the public works director of the city; T. Allowing the following to exist on property: 1. Lumber, junk, refuse and waste matter or abandoned, discarded or unused objects or equipment such as furniture, appliances, and play equipment which is visible from the public right-of-way, 2. Attractive nuisances such as abandoned or broken equipment and machinery, hazardous pools, and ://194.169.1.2/cityclerk/citycode/_DATA/TITLEll/Chapter 11_72_PUBLI... 10/23/201 L.vau ruunc nuisances ueciareu. Nage L c excavations, 3. Clotheslines located in front yards or side yards of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside open garages or carports which can be observed from the public right-of-way, 4. Materials stored on rooftops which are visible from the public right-of-way, S. Trash containers or plastic bags causing offensive odors or a breeding place for flies, 6. Gasoline„ oil, grease, water or other materials flowing onto a right-of-way or an accumulation of refuse, waste, grease and oil on any surface including but not limited to, surfaces such as improved or unimproved ground, rights -of -way, buildings, structures, walls or fences, 7. Any tree, shrubbery or plant growing onto or over the public right-of-way which impairs pedestrian or vehicular traffic or prevents drivers from clearly observing safety signs and signals, B. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard; U. Dumping refuse and waste matter upon the following: 1. Any public or private highway or road, 2. Private properly where the public is admitted by easement or license, 3. Private property with or without the consent of the property owner, and 4. Any public property not designated for such purpose; V. Dumping or placing any rocks or dirt upon private property without the consent of the state or local agency retaining jurisdiction over such highway or property; W. Repairing, storing, or otherwise working on any motor vehicle or parts thereof not belonging to the person residing on the premises in any residential area within the city unless: 1. Such activities are completely enclosed and not visible from the public right-of-way, or 2. Such activities constitute emergency repairs, provided that such repairs do not exceed seventy-two hours; X. Parking a vehicle, as defined in Chapter 11.80, in public view when a failure to maintain its exterior causes such vehicle to constitute an eyesore. Vehicles shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled or the vehicle exterior becomes otherwise dilapidated; Y. Sanding or painting a vehicle, as defined in Chapter 11.80, anywhere in a residential zone; Z. Failure to obscure vehicles and equipment which are stored in a residential zone out of public view; AA. Storage of any item in a residential zone in a manner which endangers public health and safety; BB. Any offensive or unwholesome business or establishment operated in a manner dangerous to the public health, safety and welfare; CC. Those offenses declared a nuisance anywhere in the code of the. city or the statutes of the state of California or known at common law as nuisances when the same exist within the jurisdiction of the city. (Ord. 265 § 1, 1995; Ord. 177 § 1, 1990; Ord. 160 § 1 (part), 1989) ://194.169.1.2/cityclerk/citycode/_t5ATA/TITLEII/Chapter 11_72 PUBU... 10/23/2a PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 28, 2003 REQUEST: SEMI -PERMANENT DOWNTOWN VILLAGE SIGN PROGRAM LOCATION: VILLAGE COMMERCIAL DISTRICT On March 19, 1996 the City Council adopted Ordinance No. 281 creating the provisions for the Semi -permanent Downtown Directional Sign Program as contained in Section 9.160.080 of the Zoning Code (Attachment 1). On January 21, 1997 the City Council adopted Resolution No. 97-02 authorizing the City to enter into a Memorandum of Agreement with the La Quinta Chamber of Commerce to administer the provisions of the Directional Sign Program (Attachment 2). The Memorandum sets forth the development standards for the multi -tenant sign including, but not limited to design, construction, color, materials, and text. Further, the Memorandum authorizes the Planning Commission to review and approve the signs. The design criteria allows up to six panels, with each panels containing a single line of print, utilizing block letters. The approved design is as shown in Attachment 3. In the initial approval, five locations were identified for the signs. Of these five, four have been erected (Attachment 4). A sign structure is yet to be installed at Calle Tampico and Avenida Bermudas. On October 15, 2003 a letter was received from a representative of Old Town La Quinta (Liz Davies) (Attachment 5) requesting the name "Old Town" be added to the directional signs with the same font contain in their letterhead. DISCUSSION Staff has conducted an evaluation of the signs as they currently exist and found that in addition to regular maintenance issues there appears to be a need to bring them back into conformance. The Agreement calls for the signs to be maintained in a good order at all times. Each sign is to contain the name of a downtown business and a directional arrow all on one line. As illustrated in Attachment 4, there is a sign panel containing two lines. Also, the structure cap advertising the "Chamber of Commerce" is in need of repair on some of the signs. The issue that brought this to the Commission is: 1. Whether or not a different font/letter character should be allowed for each sign panel; or 2. Should the signs remain as originally approved; and 3. Is Old Town a business or place? Staff has created an illustration showing the sign with the different font (Attachment 6). RECOMMENDATION: Staff recommends the following: 1. The Chamber shall repair the structure sign tops 2. The sign panels containing two lines shall be replaced with one line 3. The font for all shall remain uniform on all sign panels. ATTACHMENT #1 U60.080 Semipermanent downtown Village directional signs. A. Purpose. To provide vehicular direction to specific businesses which, due to their location within the 5oundaries of the "Village at La Quinta" specific plan area and away from major arterials, are difficult to find. B. Definition. "Downtown Village directional sign panel" means an interchangeable sign panel which foes not require a sign permit, mounted on a monument base structure. The sign panels list businesses in he Village at La Quinta area. C. Maximum Time Periods. No downtown village directional sign panel shall be installed for more than -levee consecutive months out of any twelve-month period. The date of installation shall be legibly marked [)n the lower right hand comer of the face of the sign. • U Qaina 5-98) 350 D. Monument Base Structure —Size and Standards. Downtown Village directional sign panels shall only be installed in approved monument base structures which conform to the following standards: 1. Structures shall not exceed eight feet in height and six feet in width. 2. Structures shall contain no more than six sign panels per face or side. 3. Structures shall have no more than two faces or sides. 4. Structure shall include, at the top, a decorative cap or sign of maximum two feet six inches high and six feet wide. 5. The base shall be constructed of block, brick, wood, stone or other similar material. 6. Design, construction, color and materials of structure and text shall be approved by the planning commission. 7. No tag, sign, streamer, device, display board or other attachment may be added or placed upon the structure. E. Sign Panel Size and Standards. Downtown Village directional sign panels which are mounted in the monument base structures shall be eight inches in height and five feet wide, and shall conform to the following standards: 1. The use of said sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of the Village at La Quinta specific plan area. 350-1 UA Qum 5-M 2. Each sign panel shall contain the name of the business and a directional arrow on one line. 3. Indirect lighting may be provided as set forth in Section 9.100.150. F. Sign Locations. Five structures shall be allowed with specific locations to be approved by the planning commission. The specific location at each intersection shall be approved by the director of community development and the director of public works. The structures may be located in the city's right-of-way. If located in the right-of-way, an encroachment permit shall be obtained from the director of public works. The structures shall be located for maximum readability and traffic/pedestrian safety. G. Installation. The city shall have the discretion to contract with a nonprofit group or nongovernmental agency to install and manage the sign panels and structures. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. The group or agency chosen to administer the downtown Village directional sign program shall sign a memorandum of agreement with the city setting forth the scope; of responsibilities and services to be provided. H. Maintenance. The group or agency contracted to install and manage the sign panels and structures shall be responsible for maintaining the panels and structures in good order at all times. Upon request by the city, sign panels and structures shall be repaired and/or maintained within thirty days of said request. Failure to repair/maintain sign panels and structures shall be cause for city to request removal or to remove. (Ord. 284 § 1 i(Exh. A) (part), 1996) 351 aA Quinm 9-%) i ATTACHMENT #2 MEMORANDUM OF AGREEMENT The City of La Quinta hereby designates the La Quinta Chamber of Commerce as the sole and exclusive provider of The Semi -Permanent Downtown Village Directional Sign Program. Said program shall be conducted by the La Quinta Chamber of Commerce in accordance with all applicable City Codes and City of La Quinta Resolution 97-02 (Exhibit "A", attached hereto). The Chamber of Commerce will provide the following services: 1. Contact all applicable businesses contained within the area zoned and designated as "The Village District" by the City of La Quinta, and register them into the Program if they so desire. 2. Act as point of contact for businesses who are involved in the Program. 3. Communicate with business concerns and transactions to the Sign Company retained by the Chamber of Commerce to provide designated services. 4. Act as point of contact to handle all City concerns and/or requests. 5. Be directly responsible for the performance of duties by the Sign Company. 6. Directly invoice businesses for services rendered and pay the Sign Company for such services. 7. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. 8. Arbitrate any differences between Sign Company businesses. 9. Design and install signs in accordance with City approved Programs and any applicable City ordinances. 10. Maintain signs in good order at all times. Upon request by the City, sign panels and structures shall be repaired and/or maintained within 30-days of said request. Failure to repair/maintain sign panels and structures shall be cause for the City to request removal or to remove said signs. 11. Install approved identification header panels on all sign structures. 12. The Sign Program will be made available to all businesses within The Village District at one price, irrespective of marketings within the La Quinta Chamber of Commerce. DOCJHCHAM.sgnpr Memorandum of Agreement Chamber of Commerce - Village Directional Sign Program 13. The Chamber of Commerce further agrees to hold the City of La Quinta harmless from any claims for damages as a result of the erection or maintenance of any signs. The signs shall be the property of the La Quinta Chamber of Commerce. 14. The Chamber of Commerce shall make vacant sign panels available to the City to be used for community service projects and public/City landmarks when requested by the City, based upon mutual agreement. The City of La Quinta agrees that the Sign Program shall be conducted by the La Quinta Chamber of Commerce for a minimum of one year from the signing of this Agreement, provided there is sufficient market demand. Thereafter, the City Council of the City of La Quinta may upon a thirty (30) day written notification to the Chamber of Commerce cancel this Agreement and require the Chamber to remove all signs and sign structures. The City Council of the City of La Quinta will give the La Quinta Chamber of Commerce fifteen (15) days written notice prior to any consideration of an action to cancel this Agreement. The sign structures and signs shall conform to the following general standards: 1. Structures shall not exceed eight (8) feet in height and six (6) feet in width. 2. Structures shall contain no more than six (6) sign panels per face or side. Structures shall have no more than two faces or sides. 4. Structures shall include, at the top, a decorative cap or sign of maximum two feet six inches (2'6") high and six (6) feet wide. The base shall be constructed of block, brick, wood, stone, or other similar material. 6. Design, construction, color, and materials of structure and text shall be approved by the Planning Commission. 7. No tag, sign, streamer, devise, display board or other attachment may be added or placed upon the structure. 8. Downtown Village Directional Sign Panels which are mounted in the monument base structure shall be eight (8) inches in height and five (5) feet wide, and shall conform to the following standards: a. The use of said sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of The Village District area. DOCJHCHAM.sgnpr Memorandum of Agreement Chamber of Commerce - Village Directional Sign Program b. Each sign panel shall contain the name of the business and a directional arrow on one line. C. Indirect lighting may be provided as set forth in Section 9.100.150. 9. Five structures shall be allowed as approved by the Planning Commission and are as follows: a. Calle Tampico and Washington Street - a single sided sign. b. Calle Tampico and Avenida Bermudas - a double sided sign. C. Calle Tampico and Eisenhower Drive - a double sided sign. d. 52nd Avenue and Washington Street - a single sided sign. e. 52nd Avenue and Avenida Bermudas - a single sided sign. This Agreement constitutes the entire understanding and Agreement between the City of La Quinta and the La Quinta Chamber of Commerce. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the City and Chamber with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or of the Chamber. IN WITNESS WHEREOF, this Agreement has been executed by the City of La Quinta and the La Quinta Chamber of Commerce on this ??/ day of 7-74w" 1997, as authorized by Resolution?"? -Gbh of the City Council. n ATT��T: AfJNDRA L. JUHOLA, City Clerk APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney CITY OF LA QUINTA ITIBy OMAS P. GENOVESE, City Manager LA QUINTA CHAMBER OF COMMERCE n DATE: BY "Lq MICHELLE DALLAS, Executive Director D0CJHCHAM.sgnpr C..N4NM + BANK OF THE DESERT LA QUINTA FLORISTvISABELIAS SANTA ROSA REALTY LA QUINTA PROPERTIES e- ,Teak ATTACH ME NT #3 A : 6) SIGN STRUCTURES 1'0 BE CONSISTENT WITH BIA APPROVED DESIGN CRITERfA. SIGNS TO BE E Of 3/4,M00 PLY MOUNTED TO 416" POSTS Alt KAM, DESIGNS,ARIAKEMfNTS Ar+O f4�`r5 ►!� CAi�.I t?it Best�`�' �+'�� Inc. >ZintstwED RY MIS DRAWING ARE OWK-0 BY AND r1br HTY C � MT S:GNS..NC ANU WERE CILEA10, tVOLVIV M irEfyfLOnD mw �6Jn S CtiEROKEE WAY FCA USE ON A D IN CONNFCrOPt WMi THC SKCP" rM CT PALM �i'AlNC,S, CA 9? 1 f•A Nbtr. OF SUCr+lDfAS. OFStS, It>ZRI$VGi NT3C7�t PtJS*1 ;o �) s. _ b S usE BY oR �tsCtOs(p io AIJY P#RSO�fUA dt CaRtORnh FOR M,4Y PURPOSE W"ATSOMR WJUTM4MAAS Of SESt SIGNS, INC projeel name: atY' } safe; ATTACHMENT INTERSECTION OF CALLE TAMPICO AND AVENIDA BERMUDAS NORTHWEST CORNER Yfli aii/mccolML0 NORTHEAST CORNER SOUTHEAST CORNER 13 AVENIDA BERMUDAS AND AVENUE 52 LOOKING EAST ON AVENUE 52 LOOKING WEST ON AVENUE 52 j EISENHOWER DRIVE AND CALLE TAMPICO LOOKING NORTH ON EISENHOWER DRIVE LOOKING SOUTH ON EISENHOWER DRIVE l� WASHINGTON STREET AND CALLE TAMPICO LOOKING NORTH ON WASHINGTON STREET LOOKING SOUTH ON WASHINGTON STREET WASHINGTON STREET AND AVENUE 52 LOOKING NORTH ON WASHINGTON STREET LOOKING SOUTH ON WASHINGTON STREET Mr. Jerry Herman City of La Quinta La Quinta, California 92253 Dear Jerry, 44 OLO-TOW11 LA QV11jtA ATTACHMENT #5 October 15, 2003 Thank you for taking time to explain the guidelines of Directional Signage to me at the City of La Quinta. Please take this request for Old Town La Quinta Directional Signage with you to the Planning Commission Meeting October 28, 2003. Old Town La Quinta would like to have Directional Signae on the La Quinta Chamber of Commerce Directional Signs at these locations: (1.) 52° and Washington (2.) Calle Tampico and Washington (3.) Eisenhower and Calle Tampico. We request that the signage be printed in Old Town La Quinta's font and color. We respect fully ask that you grant the request for our "signature" font and color on the signage in order to keep the integrity of Old Town's visual appeal active. Thank You, 1V Liz Davies Old Town La Quinta C•NkM F BANK OF THE DESERT F fAQUINTAFtORISTmISABELIAS 3 OLO-Towrl Clow 110111�wpwl Ot IAQUINTAPROPERTIES ="Tk ATTACHMENT # 6) SIGN STRUCTURES 1'0 BE CONSISTENT WITH BIA APPROVED DESIGN CREYERW SIGNS TO 8f MADE OF 3/4" MOO PLY MOUNTED TO 416" POSTS �..wr�rrw.�w...rnrr�ww.�...wuw.��...u•.swoA+•...�r. w�Mr�rh+• w++.f.--�.�.r.�� Y�MrY�.�.�'.r Ail. mkm, 0£AN SIGNS, AN�►,`+ O ftS "ViCATtv %x Signs, Inc. IfNISEMED BY MIS DRAWING ARE OWW BY AND MtOMTY 4.. >~ $1316:GNS, tiC ANU WfRE CRfA1tD, FV )MV AN.. 1 MOW) (01 USIr ON AND IN CCNNECnOk Wt1T1 THE S+ffC om now 71500 S CHEROKI`£ WAY NOW OF SUCH IX AS. Of5161` S, AARANGiA�N'St'� PIJd►S �*� PALM SPRfNt'.S, CA 971 hA "USEE) 8Y OR f�ISCLOSto 10 MJY PtERSC?N 1k, dt CAR%ORAr I(;19) 32 8.6 2 7 _S f 01 "4y PURPOSE W°MATSOIN R W111NOUi 'hit W tj??IW ? mArl5 Of SESI SIGNS, INC w..wa.+ar..-.-.,.r..w....�.............�...�,�.�.........i..-».r..+,«..�.s....,...e,,..d ..o.s.se'..o •....,�:.c. _�i- __._ . _ .. .. ... • ... � .__. qty. it t scale; # • 0, i MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR l DATE: OCTOBER 27, 2003 SUBJECT: PLANNING COMMISSION AGENDA — OCTOBER 28, 2003 Please find attached the Minutes for your meeting of October 14, 2003. In addition, we have had to make a change to the agenda by adding a Business Item and re -organizing. The corresponding staff reports are attached. Resolutions for Public Hearing Item B have been created that correspond to the appropriate tract. Should you have any questions concerning this information, please contact myself or Oscar. CAN AN PRESENTED ISY THE Istitute for Local Government Studies Of The Center for American and Iternational Law )rmerly The Southwestern Legal Foundation) COOPERATION WITH THE American Bar Association Pection of State and Local iovernment Law s INTER FOR AMERICAN AND INTERNATIONAL LAW )x 799030 Texas 75379-9030 **********AUTO**MIX 6 TOM KIRK J� � PLANNING COMMISSION �' PO BOX 1504 (1 LA QUINTA CA 92253-1504 1-- l %11-mm NONPROF ORGANIZATI U.S. POSTP PAID PERMIT NO. DALLAS, TE, TIE DALLAS METROPLEX December 3-5, 2003 Robert H. Frellich Kenneth A. Wright Planning & Zoning Chair Eminent Domain Chair Editor, Urban Lawyer Law Offices of Rogers Frellich Leitner & Carlisle & Wright, P.C. Kansas City, Missouri Dallas, Texas 0 Registration PLANNING & ZONING 0 Land Use Litigation TERRY D. MORGAN Morgan & McKool, Dallas, Texas ARTHUR J. ANDERSON Winstead Sechrest & Minick, Dallas, Texas 30 Break 45 RLUIPA and Religious Land Use Generally PROF. DANIEL MANDELKER Washington University School of Law, St. Louis, Missouri 30 More on RLUIPA MICHAEL Si. GIAIMO Robinson & Cole, Boston, Massachusetts 45 Recent Developments in Federal Telecommunications Act Law MICHAEL S. GIAIMO Robinson & Cole, Boston, Massachusetts 30 Lunch 0 The Unified Development Code: Updating Development Codes; Merging Zoning and Subdivision Standards ROBERT H. FREILICH Frei/ich, Leitner & Carlisle, Kansas City, Missouri 5 Use of Development Agreements Outside City Limits - Statutory Opportunities and Limitations TERRY D. MORGAN Morgan & McKoo/, Dallas, Texas ROBERT H. FREILICH Freilich, Leitner & Carlisle, Kansas City, Missouri 5 Break 4:00 Cuyahoga County (U.S. Supreme Court) and Shea v. County of Alameda (California) on Initiatives and Affordable Housing - Federal and State Challenges DANIEL J. CURTIN Bingham & McCutchen LLP, Walnut Creek, California 5:00 Recess 8:30 Current Decisions on Planning and Zoning PROF. BRUCE M. KRAMER Maddox Professor of Law, Texas Tech University Lubbock, Texas 10:00 Update on Exactions. The Legislative versus Administrative Distinction (Erlich v. Culver City and Progeny) DANIEL J. CURTIN, JR. Bingham McCutchen LLP, Walnut Creek, California The Texas Experience ROBERT F. BROWN Brown & Hofineister, LLP, Dallas, Texas 11:00 Break 11:15 Land Use Ethics - Practical Problems and Potential Solutions (includes 1.0 hours of Ethics) PROF. PATRICIA E. SALKIN Director, Government Law Center Albany Law School, Albany, New York DAVID CAYLOR City Attorney, Irving, Texas 12:15 Lunch 1:45 Land Use Ethics (continued) (includes .50 hour of Ethics) 2:15 Managing the Timing and Sequencing of Growth - Ramapo Thirty- Five Years Later ROBERT H. FREILICH Freilich, Leitner & Carlisle, Kansas City, Missouri MICHAEL M. BERGER Berger & Norton, Los Angeles, California 3:15 Break 3:30 Sprawl - How We Got There and Why There is No Going Back in the Foreseeable Future GIDEON KANNER Burbank, California DO Regulation of Sexually -Oriented Businesses MADELINE B. JOHNSON CityAttomey, Dallas, Texas MARK BRYZA Assistant City Attorney, Dallas, Texas DOREEN MCGOOKEY Assistant City Attorney, Dallas, Texas )0 Recess 21DAY, DECEMBER 5, 2003 EMINENT DOMAIN 10 Recent Developments in Eminent Domain Law — 200212003 GIDEON KANNER Burbank, California 15 Break 30 Access: A Critical Component of a Property's Market Value H. DIXON MONTAGUE Vinson & Elkins, LLP, Houston, Texas 30 Is There An Encl to the Ripeness Game? MICHAEL M. BERGER Berger & Norton, Los Angeles, California 30 Lunch 0 Independent Value + Legal Advocacy Just Compensation DAVID BOLTON David R. Bolton, Inc., Austin, Texas D Negotiation and Other Prerequisites to Condemnation C. MEDFERD OWEN, JR. Bullock, Scott & Neisig, Midland, Texas i Break Practical Consideration in Pursuing or Defending the Condemnation Case KENNETH A. WRIGHT Law Offices of Rogers & Wright, P.C., Dallas, Texas ) Adjourn p,CAN 4N Robert H. Freilich Planning & Zoning Co -Chair Editor, Urban Lawyer Freilich Leitner & Carlisle Kansas City, Missouri Daniel J. Curtin, Jr. Planning & Zoning Co -Chair Bingham & McCutchen, LLP Walnut Creek, California Kenneth A. Wright Eminent Domain Chair Law Offices of Rogers & Wright, P.C. Dallas, Texas WEDNESDAY, DECEMBER 10, 2003 1:30 Registration 9:00 Recent Developments in Eminent Domain Law — 2002/2003 GIDEON KANNER Burbank, California 10:15 Break 10:30 Access: A Critical Component of a Property's Market Value H. DIXON MONTAGUE Vinson & Elkins, LLP, Houston, Texas 11:30 Is There An End to the Ripeness Game? MICHAEL M. BERGER Berger & Norton, Los Angeles, California 12:30 Lunch 2:00 Independent Value + Legal Advocacy = Just Compensation DAVID BOLTON David R. Bolton, Inc., Austin, Texas 2:50 Compensation for Damages in Eminent Domain When th Take Does Not Touch the Subject Property LARRY J. SMITH Graham & Dunn, Seattle, Washington 3:45 Break 4:00 Practical Considerations in Pursuing or Defending the Condemnation Case KENNETH A. WRIGHT Law Offices of Rogers & Wright, P.C., Dallas, Texas 5:00 Recess HURSDAY, DECEMBER 11, 2003 FRIDAY, DECEMBER 12, 2003 PLANNING & ZONING 30 Current Decisions on Planning and Zoning PROF. BRUCE M. KRAMER Maddox Professor of Law, Texas Tech University Lubbock,7bxas 00 Break I. AFFORDABLE HOUSING 15 Cuyahoga County (U.S. Supreme Court) and Shea v County of Alameda (California) on Initiatives and Affordable Housing — Federal and State Challenges DANIEL J. CURTIN Bingham McCutchen LLP, Walnut Creek, Califomia TOM JACOBSON Professor, ,Sonoma State University Assistant County Attorney, Alameda County Alameda, Califomia 05 Inciusionary Zoning and Affordable Housing after Homebuilders v. Napa County (California) W'ILLIAM HIGGINS Land Use Program Director Institute for Local Self -Government, League of Califomia Cities Sacramento, Califomia 00 Lunch 0 Homeland Security — Land Use, Zoning and the Role of Local Government RUFUS C. YOUNG, JR. Burke, Williams & Sorensen, LLP, San Diego, Califomia IL THE NEW URBANISM IV. LAND USE FISCAL IMPACTS IN A STATE OF CONSTRAI 8:30 Update on Exactions. The Legislative versus Administrative Distinction (Erlich v. Culver City and Progeny) DANIEL J. CURTIN Bingham McCutchen LLP, Walnut Creek, Califomia 9:20 Financing Large Scale Development Projects Under Fiscal Constraint; Facility Benefit Assessments and Other Flexible Techniques BARNEY A. ALLISON Nossaman, Gunther Knox & Elliott, Los Angeles, Califomia 10:10 Break V. LAND USE BY AGREEMENTS 10:25 Negotiating Development Agreements on Large Scale Projects: The Private Perspective ROBERT I. MCMURRY Nossaman, Gunther, Knox & Elliott, LLP Los Angeles, Califomia 11:15 Negotiating Development Agreements on Large Scale Projects: The Public Perspective AMY E. FREILICH Gilchrist & Rutter, Santa Monica, Califomia 12:05 Lunch VI. THE NEW URBANISM (CONT.) 1:30 The Future of Urban Growth: Design JIM STEBBINS Project Design Consultants, San Diego, Califomia MICHAEL RATAJSKI Project Design Consultants, San Diego, Califomia 0 Legal and Planning Issues in the Regulation of 2:20 The Cost of Growth, Affordable Housing, and the Impact "BIG BOX" Commercial and McMansion Residential on Cities Land Uses ROBERT BURCHELL FRANK BANGS Rutgers State University, Center for Urban Policy Research Lewis andd Roca, Tucson, Arizona New Brunswick, New Jersey 0 Break III. ENVIRONMENTAL 5 Sprawl: How We Got There and Why There is No Going Back in the Foreseeable Future GIDEON KANNER Burbank, Califomia D Developing and Implementing Smart Growth Agricultural and Environmentally Sensitive Land Preservation: New Techniques for Financially Strapped State and Local Governments ROBERT H. FREILICH Freilich, Leitner & Carlisle, Kansas City, Missouri 7 Recess 3:10 Break 3:25 The Unified Development Code: Updating Development Codes; Merging Zoning and Subdivision Standards ROBERT H. FREILICH Freilich, Leitner & Carlisle, Kansas City, Missouri 4:00 Managing the Timing and Sequencing of Growth — Ramapo Thirty -Five Years Later ROBERT H. FREILICH Freilich, Leitner & Carlisle, Kansas City, Missouri 5:00 Recess VISIT OUR W.. EBSITE A:0*R` L, FAX OR EIMAIL TO: COURSE LOCATION strar, The Center for American and International Law Phone: 972.244.3405 Box 799030 *Fax: 972.244.3401 is, Texas USA 75379-9030 E-mail: cburkel@cailaw.org DALLAS METROPIEX - DECEMBER 3-520 The program will be held at the he, Dallas Metroplex, Texas (December 3-5, 2003) quarters of The Center for Americ San Francisco, California (December 10-12, 2003) and International Law, 5201 Democr, !MEMBERS: Drive at Le Park in Plano, Tex g yac k1l sessions $595 (Government employees/officials - $425) $ 75024. Our beautiful new hoi contains state-of-the-art educatioi 'tanning and Zoning Sessions (2 days) $435 and conference facilities, includi Govt. employees/officials - $300) $ several multipurpose classrooms, :minent Domain Sessions (1 day) $215 (Govt. employees/officials - $150) $ courtroom/auditorium, and a busine center for your use while on camp) BERS: We hope you will join us for this extras ►s a member of the Institute for Local Government Studies, we wish to dinary program and that you will enj egister people at $395 each for all sessions (Gout. employees/ our learning center. fficials $225) $ DIRECTION FROG L7FiN AIRPORT: Ta am a member of The Center for American and International Law or the the North Airport exit. Take 121 Noi ,BA Section of State and Local Government and enclosed is my check and go approximately 18.5 mill )r $475 for all sessions (Govt. employees/officials - $305) $ to Legacy Drive. Turn right on Lega would like information about membership in the Institute for Local Drive and go 1.5 miles to Parkwoi government Studies. Blvd. Turn right on Parkwood Blvd. ai go .4 mile to Tennyson Parkway. Tu ou may join now and take immediate advantage of the member discount. A member left on Tennyson Parkway and go pplication form is available on the following page. Please note the discounted prices for mile to Democracy Drive. We are on ti iovt. employees/officials. right, on the corner of Democracy Dri, and Tennyson Parkway. DIRECTIONS FROM LOVE FIELD: Exit Sou from Love Field and turn left (east) c irm/Organization Mockingbird. Turn left onto Dallas Nor Tollway. Take the Spring CreE ss Parkway/Tennyson Parkway exit ar drive north on the Dallas North TollwE Mate/Zip frontage road. Go through the first stc light and turn right at the next stop ligl lone Fax (Tennyson Parkway). Proceed east c Tennyson for .7 mile. We are at the rigl I corner of Tennyson Parkway an Please list additional names on a separate sheet. Democracy Drive. 'CREDIT CARD INFORMATION MAY BE FAXED SAN FRANCISCO - DECEMBER 10-I2 200 heck enclosed payable to: The Center for American and International Law Card: ID Mastercard' 0 Visa', slumber on card address (if different than above address) U AMEX 0 Discover" _ Expiration Date This program will be held at th Westin St. Francis Hotel (Unio Square), 335 Powell Street, Sa Francisco, California 94102. u re a a r�rr "` maws 1 r •�,.. 9"s --_ _.. .i _.. __ _..:rrs"'' .+ 1 �;- X r;. The new ifte fot the Callas Progratn - the,h.eadcluarters of the Center foi- American and Inter national Law. :5201 PeniocracyDrive, Piano, T'exas,75024-3561 iOTEa1/a rPlagrnn; jibe .pst'f .housing is not CANCELLATION: Tuition, less a $50 handling charge fi ricluded in'th imitien.*biook of rooms has been reserved each registration, will be refunded upon written cancellatic at theWarriott Legacy Tomi'Center, 7120 Dallas Parkway,_ of registration received not later than November 19 (Dalla 'lano;'TK, 24,.�v►rwwrriottom.=41etdistrants should and November 26 (San Francisco). Cancellations receivE iontact the Marriott 16gacy Town .,Center directly at after this date will not be refunded, but substitutions for th )72/473�444 r 1-800-Z2$ J290A­ Teduced room rate of program are welcome. 029 js , avail ble of you 0dvise,.,_---,-4he,,,,,,h tel that . you are attending 'a" nter for American fand :International Law MCLE CREDIT: MCLE credit is being requested from tr )rogram. The Iasi �iay to .obtain this special rate is State Bar of Texas for 18.5 hours, including 1.5 hou lovember 12 2003. .'Shuttle ;service =to ``the :Center is of ethics for the Dallas program; and 18.75 hours (no ethic )rovided by t e it itel ;upon availability' San` ;IFrancisco for the San Francisco program. Sign -in forms and/or certi Drpgram: The ost(of housing is not irlc(uded in the tuition. cafes of attendance will be available for California and block _of ro ms ;has ,been .reserved titheWestin St. ,other states: -rancis #i te1, ilnipti �guare, --335 Powell Street, San ndssGo, �G t��la2.� �stran�, uld icon#act A' he NI ONDISCRIiMINATION POLICY: It is the policy of The Centi Nestin St. 'Pr ncis Q#ol lirectly vat 415/397-7g00. 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