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2004 03 23 PCPlanning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California MARCH 23, 2004 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2004-020 Beginning Minute Motion 2004-006 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes for the meeting of March 9, 2004 B. Department Report G:\WPDOCS\PC Minutes\PCAgendaW.doc V. PUBLIC HEARING: A. Item ................ CONTINUED - VILLAGE USE PERMIT 2004-021 Applicant.......... Coronel Enterprises Location........... Southwest corner of Calle Tampico and Avenida Navarro Request............ Consideration of a request to construct a two- story, 15,525 square foot office building on a .30 acre site. Action .............. Resolution 2004- B. Item ................ SITE DEVELOPMENT PERMIT 2003-796 Applicant.......... Madison Development, LLC Location........... 46-201 Washington Street Request............ Consideration of architectural and landscaping plans for five new single-family prototype residential units with 11 different elevations within the Estates at Point Happy Development. Action .............. Resolution 2004- C. Item ................ SITE DEVELOPMENT PERMIT 2004-773 Applicant.......... California Cove Communities Location........... Northwest corner of Monroe Street and Airport Boulevard within the Norman Course Request............ Consideration of architectural plans for three new single-family prototype residential units with two different facades for each plan Action .............. Resolution 2004- D. Item ................ ENVIRONMENTAL ASSESSMENT 2004-496, AND TENTATIVE TRACT MAP 31910 Applicant.......... John Megay & Associates Location........... West side of Monroe Street, '/4 miles north of Avenue 58 Request............ Consideration of: 1) certification of a Mitigated Negative Declaration of environmental impact; and the subdivision of 38.85 acres into 132 single- family residential lots. Action .............. Resolution 2004- and Resolution 2004- E. Item ................ SITE DEVELOPMENT PERMIT 2004-800 Applicant.......... Jack Tarr Development Location........... Southeast corner of Washington Street and Simon Drive Request............ Consideration of a request to allow construction of a 12,000 square foot grocery store. Action .............. Resolution 2004- S:\Website Updates\Community DevelopmentTCAgenda3-23-04.doc F. Item ................ VILLAGE USE PERMIT 2004-022 Applicant.......... Santa Rosa Plaza, L.L.C. Location........... North of Calle Tampico, east of Avenida Bermudas Request............ Consideration of development plans for a 3,678 square foot commercial office building. Action .............. Resolution 2004- G. Item ................ ENVIRONMENTAL ASSESSMENT 2004-498, GENERAL PLAN AMENDMENT 2004-098, ZONE CHANGE 2004-118, AND TENTATIVE TRACT MAP 32119 Applicant.......... Mayer Villa Capri and Trans West Housing (for the Tentative Tract Map) Location........... Northeast of the intersection of Washington Street and Fred Waring Drive Request............ Consideration of: 1) certification of a Mitigated Negative Declaration of environmental impact; 2) General Plan Amendment and Zone Change from Community Commercial to Neighborhood Commercial and Low Density Residential; and the subdivision of 15 acres into 48 single-family residential lots. Action .............. Resolution 2004- Resolution 2004- Resolution 2004- and Resolution 2004- VI BUSINESS ITEM: A. Item ................ CONTINUED - APPEAL OF PUBLIC NUISANCE CASE 9693 Applicant.......... Robert and Barbara Valdivia Location........... 54-360 Avenida Juarez Request............ Consideration of an appeal of a public nuisance Action .............. Request to continue VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. 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 April 13, 2004, at 7:00 p.m. S:\Website Updates\Community Deve1opment\PCAgenda3-23-04.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 9, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Interim Community Development Director Oscar Orci, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Martin Magaria, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of February 24, 2003. Commissioner Tyler asked that Page 1 #4, A. be corrected to read: "There being no corrections...."; Page 2, #2 "...adopted sign program does allow a second sign on the face...."; Page 8, #F.3 "...parking spaces for the hotel.."; Page 9 #F.9 "...signal at Seeley Drive and Miles Avenue.."; Page 12 #G.2 "...asked about the chart in the staff report"; Page 13 #3 "...assurance from Caltrans that the lights would be synchronized"; Page 16 add "Commissioner Tyler asked if there were any substantive changes to the tract map other than those directly related to the revised entry. Staff stated no." Commissioner Abels asked that Page 16 be corrected to note he was not in attendance. There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. B. Department Report: Interim Community Development Director Oscar Orci reported the Request for Proposals for commercial development had been approved by Council and distributed to potential firms. Planning Commission Minutes March 9, 2004 V. PUBLIC HEARINGS: A. Street Name Change 2003-015; a request of La Quinta polo Partners for consideration of a street name change from Beth Circle to Norris Drive for the street located west of Madison Street, south of Avenue 51 1. Staff informed the Commission the applicant had requested a continuance of the project. It was moved and seconded by Commissioners Abels/Tyler to continue Street Name Change 2004-015, as recommended. Unanimously approved. B. Street Name Change 2003-016; a request of ND La Quinta Partners for consideration of a street name change from Village Club Drive to Hideaway Club Drive and Village Club Place to Via Mirasol located within the Hideaway project on the east side of Jefferson Street, north of Avenue 54. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commissioner. The applicant stated he was available to answer any questions. 3. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 4. It was moved and seconded by Commissioners Quill/Tyler/Daniels to adopt Planning Commission Resolution 2004-018 approving Street Name Change 2003-016, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Environmental Assessment 2004-499 and Tentative Tract Map 321 17; a request of Quarry Ranch L.L.C. for consideration of certification of a Mitigated negative Declaration of environmental impact and the re - subdivision of 6.32 acres into 13 residential lots for the property located on the west side of Jefferson Street, south of Quarry Lane. rn•11n1on1'%rc%or RA;-.*....\'2 0 nn%nm A- 2 Planning Commission Minutes March 9, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if Quarry Lane had been constructed. Staff stated it is still under construction. Commissioner Tyler asked that Page 51, #47 should be corrected to stated "all gaps". 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Shaw, representing the applicant, stated the road is rough graded and the curb is currently being laid. He supported the recommended conditions. 4. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 5. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2004-019, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-499, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 6. It was moved and seconded by Commissioners Abels//Daniels to adopt Planning Commission Resolution 2004-020, approving Tentative Tract Map 32117, as amended: a. Condition #47: corrected to read: "All gaps..." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Village Use Permit 2004-021; a request of Coronel Enterprises for consideration of a request to construct a two-story, 15,525 square foot office building on a .30 acre site located at the southwest corner of Calle Tampico and Avenida Navarro. r_-M1Dnnrc%or nA;. +­V2 0 nMnm a.... 3 Planning Commission Minutes March 9, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked the land uses surrounding the site. Staff stated the adjacent land is currently vacant. Discussion followed regarding the advantages of the zero lot line. 3. Commissioner Quill asked if there would be any change to the structure if it was shifted five feet from the lot line. Staff stated that the only change would the access driveway to the building. If you move it back it increases the slope to the parking garage from the street. 4. Chairman Kirk asked where staff was recommending the building be setback. Staff stated this is a verbal update to the report. Interim Community Development Director Oscar Orci stated that if they propose the windows on the west and south facades, they will have to comply with the UBC requirements. Chairman Kirk asked the height requirement in the Village district. Staff stated 40 feet. This building is 34 feet. 5. Commissioner Tyler stated he was concerned with the parking. He asked if the ADA requirements were met. Staff stated the Code does not specifically state how many there shall be. Commissioner Tyler was concerned about the trash enclosure as it will not fit through the pedestrian gates. There does not appear to be adequate room. He asked about the depth of the underground parking in regard to drainage. Assistant City Engineer Steve Speer stated it has to be sunken four feet into the ground with no more than four feet above ground. You can raise the ground level and berm it up next to the building to hide the height. If you move the building five feet, you only have to berm up nine inches. It depends upon how much berming is allowed next to the face of the building to hide the height. 6. Chairman Kirk asked if there were any concerns with the drainage and underground parking. Staff explained the drainage plan and stated there were no concerns if the plan was followed. Chairman Kirk stated the concern about it being underparked. Assistant City Engineer Steve Speer stated he is aware there is less spaces than normal, but there is parking in close proximity. Staff stated that r--\%A/DnllrC\Dr RA;- +-\v 0 nnlnin A- 4 Planning Commission Minutes March 9, 2004 as long as there is a high point on the driveway of at least a foot above the flow line of the street the drainage in the underground parking is all right. The only water that will drain into their garage will be from the drip line at the edge of the roof and there will be a drain inlet with a pump in the garage. There should be no, or very minimal amount of water in the underground parking lot. In regard to the site being under parked, but this is generally an issue the Community Development Department would handle. Interim Community Development Director Oscar Orci stated the City is currently studying the Village parking to identify where parking is needed and what is available. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Zeke Coronel, the applicant, gave a presentation on the project. He stated they are requesting the zero lot line with no windows. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if the windows were eliminated, would the suites on that elevation have any windows. Mr. Coronel stated all the suites would have windows on the front. Two suits will have windows on both sides and the rest would be on the front. 9. Mr. David Brudvik, 78-120 Calle Estado, Santa Rosa Development, stated he owns the property adjacent to this site and he is concerned with the overhangs and setbacks. His lots equal 5,200 square feet and most of the parking is already street parking in front of his property. They would like to see a better parking plan. 10. Commissioner Daniels asked Mr. Brudvik to identify which lots were his on the map. Mr. Brudvik stated he owns property on two sides of this site and he is uncertain what he will build. He is concerned about setbacks and what impacts this project will have on his project. He knows he will have to have underground parking to meet the demand. 11. Commissioner Quill asked if it was his intent to have the ability to optimize the zero lot line. Mr. Brudvik stated they will have to, but they want to have the same style as Old Town. He would want to see the recessed windows on this building. (_•\\A/DnnrC\Dr nn;—+,...\'� 0 nA%Afn a.,.. 5 Planning Commission Minutes March 9, 2004 12. Mr. Lucas Coronel, representing the applicant, stated they could add some articulation to the side of the building on the zero lot line. The parking is an issue, but the street is for public parking and anyone can park there. In regard to delaying their approval, he believes this is unfair as they have gone through the process and notified all the adjoining neighbors in a timely manner. 13. Commissioner Tyler noted the existing building was not using its parking spaces, but using the street. 14. Commissioner Daniels stated they could control their employees parking locations. The Planning Commission is not in the habit of delaying a project, but they are concerned with approving a project that is appropriate in regard to the zero lot lines. The issue is whether or not the two buildings can match with zero lot lines or need setbacks. The Commission is trying to have a cohesive block. 15. Commissioner Daniels asked if they could break the issue into two parts. First the building. He would prefer to see the treatment all around the building. Mr. Brudvik has stated he will not be building the same type of architecture so this is not going to match. Which leads him to believe this builidng should have the five foot setback. 16. Commissioner Quill noted this building could not be a zero lot line with the plans as submitted. The roof line would extend beyond the property line. The building as proposed is designed for a setback. He would like to see this continued for at least two weeks and ask the applicant to redraw the plans. 17. Commissioner Tyler asked if this body had the ability to differ from the zero lot line or five foot setback. Assistant City Attorney Michael Houston asked if the rafters would extend over the property line. Commissioner Tyler stated they intrude over. Assistant City Attorney Michael Houston stated they cannot do this unless there is an agreement with the adjoining property owner. Staff stated the development standards are flexible to allow up to a zero lot line. The applicant can chose an alternative. The Uniform Building Code requires a five foot setback. The Commission may want to consider that if a zero lot line is agreed upon, the applicant can provide some architecture treatment on the blank walls. Planning Commission Minutes March 9, 2004 18. Chairman Kirk stated he would prefer to have a zero lot line, but on two elevations create an atrium or vaulted area with windows, or skylights coming into the suites. It should be possible to do both the zero lot line and a treatment that would blend with the neighboring building. 19. Commissioner Quill stated the plans submitted here do not work on a zero lot line that cannot drain onto the adjacent property. The whole roof plan does not work with a zero lot line. We can suggest the five foot setback and ideas to improve the look. He likes the underground parking and the elevations are good and in keeping with the neighborhood. 20. Commissioner Tyler stated it is a nice building but wonders if it is too much. 21. Chairman Kirk stated he has no issue with the parking, but the building needs something. The tower element is appealing and they may want to improve on this. In the parking area they may want to create two driveways with one in and one out on different streets. This would create less activity coming out of each. He asked staff if access off of Calle Tampico was allowed. Assistant City Engineer Steve Speer stated it is an Arterial street; you have to be 200 feet from the corner. 22. Mr. Steve Nieto, the architectural designer of the building, stated the building was designed knowing their would be buildings adjacent. When they found out they had to go to a zero lot line, it was evident the building needed to be pushed back into the zero lot line. The windows should have been eliminated. They are willing to treat the wall and give it some appeal. It was his understanding that Mr. Brudvik was going to go to the zero lot line as well. Therefore he designed this building to merge the two buildings. He agrees it is zero for both or setback for both. 23. Chairman Kirk asked the applicant to explain the circulation plan. Mr. Lucas Coronel stated they initially wanted the traffic to enter off of Calle Tampico and exit onto Avenida Navarro. Chairman Kirk asked about the use of the patio area. Mr. Nieto stated it is designed with interlocking concrete pavers and it has no intended use other than public use. 24. Commissioner Quill stated it would be to their advantage to elevate the landscape in a rendering. Mr. Neito stated the corner n-%%A1Dnnrc%or^ ftAi-+-%'2 0 nnlnin A- 7 Planning Commission Minutes March 9, 2004 treatment could be done in elevations. Discussion followed regarding potential designs. 25. It was moved and seconded by Commissioners Tyler/Abets to continue Village Use Permit 2004-021 to March 23, 2004, asking the applicant to: a. Work with neighbor to come to an agreement on what both will be doing; and b. Come back with a rendering showing some visual relief on the two side elevations. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. There was no City Council report on the March 2, 2004 meeting. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on March 23, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:20 p.m., on March 9, 2004. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California r.• �nionnre cr ne;—+—NN o nn%nin A- 8 STAFF REPORT PLANNING COMMISSION DATE: MARCH 23, 2004 CASE NO: VILLAGE USE PERMIT 2004-021 APPLICANT/ PROPERTY OWNER: CORONEL ENTERPRISES REQUEST: CONSIDERATION OF A REQUEST TO CONSTRUCT A TWO- STORY, 15,525 SQUARE FOOT OFFICE BUILDING ON A 0.30 ACRE SITE. LOCATION: SOUTHWEST CORNER OF CALLE TAMPICO AND AVENIDA NAVARRO ARCHITECT: SOUTH WEST CONCEPTS ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, IN THAT THIS IN -FILL PROJECT IS LESS THAN FIVE ACRES IN SIZE AND MEETS ALL APPLICABLE GENERAL PLAN AND ZONING REQUIREMENTS. GENERAL PLAN/ ZONING DESIGNATIONS: VILLAGE COMMERCIAL (VC)/VILLAGE COMMERCIAL (VC) SURROUNDING LAND USES: NORTH: OFFICE COMMERCIAL/SCHOOL SOUTH: VACANT LAND EAST: COMMERCIAL WEST: VACANT LAND/RESIDENTIAL PC Stf Rpt2 VUP 04 021 BACKGROUND: The vacant site is approximately 0.30 acres in size and located at the southwest corner of Calle Tampico and Avenida Navarro (Attachment 1). The site is located within the Village Commercial Zoning District, which allows residential and commercial uses. There are other commercial uses in the immediate area including the Old Town La Quinta project, office space, a hotel and residential uses. This project was continued from the March 9, 2004 Planning Commission meeting. At that meeting the Planning Commission expressed concerns regarding the architectural style and zero lot line location of the office building. The roof of the building, as proposed, encroached into the adjacent property and specific issues of concern involved the windows facing both property lines. The applicant had stated that the drawings submitted were incorrect and requested the building be at a zero lot line. The Planning Commission directed the applicant work out an agreement with the adjacent owner in terms of the location of future buildings and revise the drawings accordingly. The Planning Commission also asked that if a zero lot line was agreed upon that the applicant provide some visual relief on the southern and western building facades. The applicant has met with the adjacent property owner and they have decided on a zero lot line design. The applicant has submitted revised drawings reflecting the change in design. The roof of the building is setback inside the parapet wall so as not to overhang into the adjacent property. Also, the roof design will have recessed rain gutters and drain pipes within the walls so drainage will not flow onto the adjacent property. In addition, the applicant has provided visual relief on the southern and western building facades by the use of six inch recessed wall details with 16 inch by 16 inch in -laid ceramic tiles, and six inch recessed panels. PROJECT PROPOSAL: The applicant is requesting approval of a Village Use Permit to construct a two- story, 15,525 square foot office building of which, 11,446 square feet would be leasable space (Attachment 2). The remainder square footage will be used for pedestrian circulation, mechanical, electrical, and storage space. The building is proposed to have eight office suites ranging between 1,313 and 1,484 square feet in size. The building will include an elevator and two sets of stairwells for access to the second floor. The building would allow leasable office space for uses, including, but not limited to, accounting, real estate, and administrative purposes. PC Stf Rpt2 VUP 04 021 2 The building theme is Santa Barbara style architecture with a proposed height of ± 34 feet. Architectural features include off-white colors, plastered exterior walls and columns, canterra stone trim, covered arched walkways, exposed wood beams, decorative wrought iron, and a two-piece mission tile roof. A plaza is proposed at the southwest corner of the site with a fountain, built-in benches along low-rise walls at 18 inches in height, concrete pavers and ceramic canterra pots. All of the conditions that were presented before in the original project have not changed and are included in this proposal. Staff recommends approval of the project as revised per these plans. Public Notice This project was advertised in the Desert Sun newspaper on February 28, 2004, and mailed to all property owners within 500-feet of the site. To date, no letters have been received. Any written comments received will be handed out at the meeting. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.65.040.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2004-�, approving Village Use Permit 2004-021, subject to findings and the attached Conditions of Approval. Prepared by: Martin Magana Associate Planner Attachments: 1. Site Location Map 2. Plan Set 3. March 9, 2004, Draft Planning Commission meeting minutes PC Stf Rpt2 VUP 04 021 3 PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REQUEST TO CONSTRUCT A 2-STORY, 15,525 SQUARE FOOT OFFICE BUILDING ON A 0.30 ACRE SITE WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT. CASE NO.: VILLAGE USE PERMIT 2004-021 APPLICANT: CORONEL ENTERPRISES WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 9th day and 23" day of March, 2004 hold duly noticed Public Hearings to consider a request by Coronel Enterprises to construct a two-story, 15,525 square foot office building on a 0.30 acre site at the southwest corner of Calle Tampico and Avenida Navarro, more particularly described as follows: APNs: 773-076-005 & 007 WHEREAS, said Village Use Permit 2004-021 is Categorically Exempt from environmental review pursuant to provisions of Section 15332 (Class 32) of the California Environmental Quality Act (CEQA), in that the proposed project is an in -fill project less than five acres in size and meets all applicable General Plan and zoning requirements and, therefore, will have no permanent effects on the environment; 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 pursuant to Section 9.65.040 of the Zoning Code to justify approval of said Village Use Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the proposed use is an allowed use within the designated Village Commercial area. 2. Consistency with the Zoning Code: The proposed project is consistent with the Zoning Code in that the proposed use is a permitted use in the Village Commercial District with approval of a Village Use Permit by the Planning Commission. 3. Compliance with CEQA: The proposed use is Categorically Exempt from environmental review pursuant to provisions of Section 15332 (Class 32) of the California Environmental Quality Act (CEQA), in that the proposed project is an in -fill project less than five acres in size and meets all applicable General Plan and zoning requirements and, therefore, will have no permanent effects on the environment; and Planning Commission Resolution 2004- Village Use Permit 2004-021 — Coronel Enterprises Adopted: March 23, 2004 4. Surrounding Uses: Approval of the Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that the proposed building will be compatible with existing office uses in the immediate area. 5. Architectural Design: The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development in that the proposed building appears similar in nature to other structures in the immediate area and is in keeping with the character of the Village Design Guidelines. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Village Use Permit; 2. That it does hereby approve Village Use Permit 2004-021 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23`d day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California P:\Martin\VUP 04 021 Coronet\PC Reso VUP 04 021.doc Planning Commission Resolution 2004- Village Use Permit 2004-021 — Coronel Enterprises Adopted: March 23, 2004 ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California ,A P:\Martin\VUP 04 021 Coronet\PC Reso VUP 04 021.doc PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 — CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Village Use Permit 2004-021, unless otherwise amended by the following conditions. 2. This Village Use Permit allows the construction of a two-story, 15,525 square foot office building on a 0.30-acre site. The applicant shall comply with all building code requirements. 3. The applicant shall obtain approval of a Parcel Merger for the two lots associated with this project prior to obtaining a building permit. 4. The applicant shall comply with the City's Dark Sky ordinance. Any proposed lighting on the building or in the parking lot shall be shielded so that light is projected downward and not onto adjacent properties or the street. 5. Landscaping plans for the building shall comply the City's Water Efficient Landscaping Ordinance for this project, and as approved by the Planning Commission. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timer, type of sprinkler, etc. Prior to the issuance of any building permits, the landscape plans shall also be approved by Coachella Valley Water District and Agricultural Commissioner before final approval by the Community Development Department. 6. The exterior materials and colors of the building shall match those approved by the Planning Commission. 7. 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 trenching, earth -moving or clearing permit, whichever occurs first. 8. The final report on the monitoring shall be submitted to the Community Development Department prior to the final inspection for the project. 9. 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. P:\Martin\VUP 04 021 CoroneWUP 04 021 COA.doc PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 10. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 11. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: a Fire Marshal a Public Works Department (Grading Permit, Improvement Permit) Community Development Department o Riverside Co. Environmental Health Department o Desert Sands Unified School District o Coachella Valley Water District (CVWD) a Imperial Irrigation District (IID) o California Water Quality Control Board (CWQCB) o SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 12. 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"). 2 � J PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 13. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services, and for the maintenance, construction and reconstruction of essential improvements. 3 PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 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, parklands, and common areas shown on the Village Use Permit. 15. 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. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. 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. 18. 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 Rough Grading Plan 1 " = 40' Horizontal B. Village Use Permit Plan 1 " = 30' Horizontal PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 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. "Village Use Permit" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets including ADA accessibility route to parking facilities and public streets. 19. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 20. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format, which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. GRADING 21. 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. 22. 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, 5 PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC, and D. Approved Best Management Plan that includes storm water pollution prevention and erosion control plans prepared by a qualified engineer. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 23. 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. 24. 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. nRAINAC;F 25. 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. 26. 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. -° I, PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 27. 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. 28. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 29. 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. Nuisance water shall be retained on site. 30. 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. 31. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 32. 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. 33. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 35. 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. PARKING LOTS AND ACCESS DRIVEWAYS 36. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking) and the latest ADA standards and policies. 37. Direct vehicular access to Calle Tampico from frontage along Calle Tampico is restricted. 38. Direct vehicular access to Avenida Navarro from frontage along Avenida Navarro is restricted, except for the access point identified on the VUP 2004- 021 Site Plan, or as otherwise conditioned in these conditions of approval. 39. The high point of the access driveway to the parking lot shall be at least one foot higher than the gutter flow line at the street. QUALITY ASSURANCE 40. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 41. The applicant shall employ, or retain, qualified engineers, surveyors, and 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. 42. 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. 8 PLANNING COMMISSION RESOLUTION 2004- VILLAGE USE PERMIT 2004-021 - CORONEL ENTERPRISES CONDITIONS OF APPROVAL - RECOMMENDED MARCH 23, 2004 43. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which, were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. FEES AND DEPOSITS 44. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 6 40 ATTACHMENT VICINITY MAr wA AV04RA Tol ATTACHMENT Planning Commission Minutes March 9, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if Quarry Lane had been constructed. Staff stated it is still under construction. Commissioner Tyler asked that Page 51, #47 should be corrected to stated "all gaps". 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Shaw, representing the applicant, stated the road is rough graded and the curb is currently being laid. He supported the recommended conditions. 4. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 5. It was moved and sonded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2004-019, certifying a Mitigated Negativi Declaration of environmental impact for Environmental Assessment 2004-499, as recommended: ROLL CALL: AYES:/ Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. t� 6. It was rri'oved and seconded by Commissioners Abels//Daniels to adopt, Planning Commission Resolution 2004-020, approving Tentative Tract Map 32117, as amended: a.. Condition #47: corrected to read: "All gaps..." ROLL,ALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Village Use Permit 2004-021; a request of Coronel Enterprises for consideration of a request to construct a two-story, 15,525 square foot office building on a .30 acre site located at the southwest corner of Calle Tampico and Avenida Navarro. r•%%A1on0rc\or 0 nnlnm a.... 3 Planning Commission Minutes March 9, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked the land uses surrounding the site. Staff stated the adjacent land is currently vacant. Discussion followed regarding the advantages of the zero lot line. 3. Commissioner Quill asked if there would be any change to the structure if it was shifted five feet from the lot line. Staff stated that the only change would the access driveway to the building. If you move it back it increases the slope to the parking garage from the street. 4. Chairman Kirk asked where staff was recommending the building be setback. Staff stated this is a verbal update to the report. Interim Community Development Director Oscar Orci stated that if they propose the windows on the west and south facades, they will have to comply with the UBC requirements. Chairman Kirk asked the height requirement in the Village district. Staff stated 40 feet. This building is 34 feet. 5. Commissioner Tyler stated he was concerned with the parking. He asked if the ADA requirements were met. Staff stated the Code does not specifically state how many there shall be. Commissioner Tyler was concerned about the trash enclosure as it will not fit through the pedestrian gates. There does not appear to be adequate room. He asked about the depth of the underground parking in regard to drainage. Assistant City Engineer Steve Speer stated it has to be sunken four feet into the ground with no more than four feet above ground. You can raise the ground level and berm it up next to the building to hide the height. If you move the building five feet, you only have to berm up nine inches. It depends upon how much berming is allowed next to the face of the building to hide the height. 6. Chairman Kirk asked if there were any concerns with the drainage and underground parking. Staff explained the drainage plan and stated there were no concerns if the plan was followed. Chairman Kirk stated the concern about it being underparked. Assistant City Engineer Steve Speer stated he is aware there is less spaces than normal, but there is parking in close proximity. Staff stated that 1 _ rr-1%A1Dnnrc\cr Rfi;-+....X2 0 nn%nin a.... 4 Planning Commission Minutes March 9, 2004 as long as there is a high point on the driveway of at least a foot above the flow line of the street the drainage in the underground parking is all right. The only water that will drain into their garage will be from the drip line at the edge of the roof and there will be a drain inlet with a pump in the garage. There should be no, or very minimal amount of water in the underground parking lot. In regard to the site being under parked, but this is generally an issue the Community Development Department would handle. Interim Community Development Director Oscar Orci stated the City is currently studying the Village parking to identify where parking is needed and what is available. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Zeke Coronel, the applicant, gave a presentation on the project. He stated they are requesting the zero lot line with no windows. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if the windows were eliminated, would the suites on that elevation have any windows. Mr. Coronel stated all the suites would have windows on the front. Two suits will have windows on both sides and the rest would be on the front. 9. Mr. David Brudvik, 78-120 Calle Estado, Santa Rosa Development, stated he owns the property adjacent to this site and he is concerned with the overhangs and setbacks. His lots equal 5,200 square feet and most of the parking is already street parking in front of his property. They would like to see a better parking plan. 10. Commissioner Daniels asked Mr. Brudvik to identify which lots were his on the map. Mr. Brudvik stated he owns property on two sides of this site and he is uncertain what he will build. He is concerned about setbacks and what impacts this project will have on his project. He knows he will have to have underground parking to meet the demand. 11. Commissioner Quill asked if it was his intent to have the ability to optimize the zero lot line. Mr. Brudvik stated they will have to, but they want to have the same style as Old Town. He would want to see the recessed windows on this building. (_•\1n/DP1OrC\Dr o nn%nirn A- 5 Planning Commission Minutes March 9, 2004 12. Mr. Lucas Coronel, representing the applicant, stated they could add some articulation to the side of the building on the zero lot line. The parking is an issue, but the street is for public parking and anyone can park there. In regard to delaying their approval, he believes this is unfair as they have gone through the process and notified all the adjoining neighbors in a timely manner. 13. Commissioner Tyler noted the existing building was not using its parking spaces, but using the street. 14. Commissioner Daniels stated they could control their employees parking locations. The Planning Commission is not in the habit of delaying a project, but they are concerned with approving a project that is appropriate in regard to the zero lot lines. The issue is whether or not the two buildings can match with zero lot lines or need setbacks. The Commission is trying to have a cohesive block. 15. Commissioner Daniels asked if they could break the issue into two parts. First the building. He would prefer to see the treatment all around the building. Mr. Brudvik has stated he will not be building the same type of architecture so this is not going to match. Which leads him to believe this builidng should have the five foot setback. 16. Commissioner Quill noted this building could not be a zero lot line with the plans as submitted. The roof line would extend beyond the property line. The building as proposed is designed for a setback. He would like to see this continued for at least two weeks and ask the applicant to redraw the plans. 17. Commissioner Tyler asked if this body had the ability to differ from the zero lot line or five foot setback. Assistant City Attorney Michael Houston asked if the rafters would extend over the property line. Commissioner Tyler stated they intrude over. Assistant City Attorney Michael Houston stated they cannot do this unless there is an agreement with the adjoining property owner. Staff stated the development standards are flexible to allow up to a zero lot line. The applicant can chose an alternative. The Uniform Building Code requires a five foot setback. The Commission may want to consider that if a zero lot line is agreed upon, the applicant can provide some architecture treatment on the blank walls. J Planning Commission Minutes March 9, 2004 18. Chairman Kirk stated he would prefer to have a zero lot line, but on two elevations create an atrium or vaulted area with windows, or skylights coming into the suites. It should be possible to do both the zero lot line and a treatment that would blend with the neighboring building. 19. Commissioner Quill stated the plans submitted here do not work on a zero lot line that cannot drain onto the adjacent property. The whole roof plan does not work with a zero lot line. We can suggest the five foot setback and ideas to improve the look. He likes the underground parking and the elevations are good and in keeping with the neighborhood. 20. Commissioner Tyler stated it is a nice building but wonders if it is too much. 21. Chairman Kirk stated he has no issue with the parking, but the building needs something. The tower element is appealing and they may want to improve on this. In the parking area they may want to create two driveways with one in and one out on different streets. This would create less activity coming out of each. He asked staff if access off of Calle Tampico was allowed. Assistant City Engineer Steve Speer stated it is an Arterial street; you have to be 200 feet from the corner. 22. Mr. Steve Nieto, the architectural designer of the building, stated the building was designed knowing their would be buildings adjacent. When they found out they had to go to a zero lot line, it was evident the building needed to be pushed back into the zero lot line. The windows should have been eliminated. They are willing to treat the wall and give it some appeal. It was his understanding that Mr. Brudvik was going to go to the zero lot line as well. Therefore he designed this building to merge the two buildings. He agrees it is zero for both or setback for both. 23. Chairman Kirk asked the applicant to explain the circulation plan. Mr. Lucas Coronel stated they initially wanted the traffic to enter off of Calle Tampico and exit onto Avenida Navarro. Chairman Kirk asked about the use of the patio area. Mr. Nieto stated it is designed with interlocking concrete pavers and it has no intended use other than public use. 24. Commissioner Quill stated it would be to their advantage to elevate the landscape in a rendering. Mr. Neito stated the corner r-11A/Dr1nrC\Dr 0 nn%nin .- 7 Planning Commission Minutes March 9, 2004 treatment could be done in elevations. Discussion followed regarding potential designs. 25. It was moved and seconded by Commissioners Tyler/Abets to continue Village Use Permit 2004-021 to March 23, 2004, asking the applicant to: a. Work with neighbor to come to an agreement on what both will be doing; and b. Come back with a rendering showing some visual relief on the two side elevations. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMIS�ONER ITEMS: A. There was no City Council report on the March 2, 2004 meeting. IX. ADJOURNM There being no further usiness, it was moved and seconded by Commissioners Quill/Daniels to adjourn th regular meeting of the Planning Commission to a regular meeting of the Planning Co mission to be held on March 23, 2004, at 7:00 p.m. This m meeting of the Planning Coission was adjourned at 8:20 p.m., on March 9, 2004. Respectfully submitted, Betty J. Sawyer, Executive Secreta City of La Quinta, California (-'•\\A/Dnlir C\Dr KA;—.+—V4 0 nAMIn A— 8 STAFF REPORT PLANNING COMMISSION DATE: MARCH 23, 2004 CASE NO: SITE DEVELOPMENT PERMIT 2003-796 APPLICANT/ PROPERTY OWNER: MADISON DEVELOPMENT, LLC REQUEST: REVIEW OF ARCHITECTURAL AND LANDSCAPING PLANS FOR FIVE NEW SINGLE-FAMILY PROTOTYPE RESIDENTIAL UNITS WITH ELEVEN DIFFERENT ELEVATIONS WITHIN THE ESTATES AT POINT HAPPY DEVELOPMENT (TENTATIVE TRACT MAP 31348). LOCATION: 46-201 WASHIGNTON STREET ARCHITECT: PREST-VUKSIC ARCHITECTS & ROY ASARO ARCHITECT LANDSCAPE ARCHITECT: RON GREGORY ASSOCIATES ENVIRONMENTAL CONSIDERATION: AN ENVIRONMENTAL ASSESSMENT WAS CERTIFIED BY THE CITY COUNCIL UNDER RESOLUTION NO. 2004-33 FOR TENTATIVE TRACT MAP 31348. THERE ARE NO CHANGED CIRCUMSTANCES, CONDITIONS, OR NEW INFORMATION, WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ANALYSIS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. GENERAL PLAN/ ZONING DESIGNATIONS: LOW DENSITY RESIDENTIAL (LDR)/LOW DENSITY RESIDENTIAL (RL) BACKGROUND: The property is approximately 37.72 acres in size and is located on the west side of Washington Street just south of the Plaza La Quinta Shopping Center (Attachment 1). A General Plan Amendment and Zone Change were approved by the City Council on March 16, 2004, to change land use and zoning designations from Community Commercial and Medium Density Residential to Low Density Residential. In addition, a Tentative Tract Map was also approved to subdivide the property into 73 lots (72 single-family lots and one open space lot). PROJECT PROPOSAL: The applicant proposes five single-family prototype residential units with eleven architectural facades. The model home complex is proposed on Lots 26, 27, 38 and 39 of the Tentative Tract Map and the parking lot is proposed on Lot 1 (Attachment 2). The project mixes Spanish and Mediterranean architectural styles to create an eclectic, but compatible street scene. The plans for each design are attached (Attachment 3). The units range from 2,800 to 3,202 square feet in size. The following is a breakdown of the five proposed floor plans: Square No. of No. of Garage Feet Bedrooms Bathrooms Parking Spanish Plan Al, A2 3,167 3 2.5-3.5 3-car w/casita option Spanish Plan E1, E2 3,010, 4 4 3-car includes casita Mediterranean Plan 131, 132, 133 2,800 3 3.5 2-car Mediterranean Plan D1, D2 3,136 3 3.5 2-car Mediterranean Plan F1, F2 3,202 4 4.5 2-car MATERIALS AND COLORS: A variety of materials are proposed including painted plaster/stucco, two-piece barrel the roofs, exposed beams and headers, arched entries, wood veneer garage doors and decorative wrought iron. The heights of the homes vary between 20 and 22 feet. The color schemes are primarily variations of off-white, beige, brown and grey stucco with accent colors. LANDSCAPING: The front -yard landscaping consists of a wide variety of specimen trees, shrubs, vines and ground covers. The plant materials proposed are consistent with other developments in the City which, are drought tolerant and appropriate for the desert climate (Attachment 4). The applicant will be required to comply with the Water Efficient Landscaping requirements. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC): The ALRC reviewed this project at their January 7, 2004 meeting and determined that the prototype units were acceptable with the following recommendations: 1. The gates, streetscape and perimeter landscaping be brought back to the ALRC for review. 2. Varied setbacks be provided to break up the monotony of the residential frontages. 3. That roof tiles shall be mudded with boosted ends. 4. That the "Chilean Mesquite" tree be used sparingly. The January 7, 2004, ALRC meeting minutes are attached (Attachment 5). The Committee unanimously recommended approval of the prototype units to the Planning Commission by adoption of Minute Motion 2004-001. Staff has added the above recommendations as Conditions of Approval for the project. However, should the Planning Commission approve the design of the gates, streetscape and perimeter landscaping, Staff recommends that the Community Development Department process the gates and landscape plans rather than returning back to the ALRC for additional review. STATEMENT OF MANDATORY FINDINGS: Findings necessary to approve this request can be made and are contained in the attached Resolution. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2004-_, approving SDP 2003-796, subject to findings and conditions contained in the attached Resolution. Prepared by: Martin Magana Associate Planner Attachments: 1. Vicinity Map 2. Tentative Tract Map 3. Proposed Models Plan Set 4. Conceptual Landscape Plans 5. January 7, 2004, Architecture and Landscape Review Committee meeting minutes PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ARCHITECTURAL AND LANDSCAPING PLANS FOR FIVE NEW SINGLE-FAMILY PROTOTYPE RESIDENTIAL UNITS WITH ELEVEN DIFFERENT ELEVATIONS FOR TENTATIVE TRACT 31348, LOCATED AT 46-201 WASHINGTON STREET. CASE NO.: SITE DEVELOPMENT PERMIT 2003-796 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 271h day of January, 2004, and on the 23rd day of March, 2004, held duly noted Public Hearings to consider a request by Madison Development, LLC, for approval of architectural and landscaping plans for five new single-family prototype residential units with eleven different elevations for Tentative Tract 31348, located at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002. WHEREAS, the Architecture and Landscaping Review Committee of the City of La Quinta, California, did, on the 71h day of January, 2004, hold a public meeting to review and recommend approval of architecture and landscape plans for five new single-family prototype residential units with eleven different elevations for Tentative Tract 31348; and, WHEREAS, a Mitigated Negative Declaration (EA 2003-479) was certified by the City Council for Tentative Tract Map 31348 under Resolution No. 2004-33. There are no changed circumstances, conditions, or new information, which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166. 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 pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan: The project, as proposed, is consistent with the goals and policies of the General Plan in that the residential land uses are consistent with the Low Density Residential designation. PCRESO SDP 03-796 Planning Commission Resolution 2004 - Site Development Permit 2003-796-Madison Development, LLC Adopted: March 23, 2004 2. Consistency with the Zoning Code: The proposed project, as conditioned, is consistent with the development standards of the City's Zoning Code, in terms of architectural style, building heights, building mass, parking, and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA): This project has complied with the requirements of the California Environmental Quality Act in that a Mitigated Negative Declaration (EA 2003-479) was certified by the City Council for Tentative Tract Map 31348 under Resolution No. 2004-33. There are no changed circumstances, conditions, or new information, which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design: The proposed project complies with the Zoning Code and is compatible with existing single-family residential development. 5. Site Design: The proposed project complies the site design in terms of interior circulation, pedestrian access, and other site design elements such as scale, mass, and appearance. 6. Landscape Design: The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. 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 Site Development Permit. 2. That it does hereby approve Site Development Permit 2003-796, subject to conditions, 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 23`d day of March, 2004, by the following vote,, to wit: AYES: NOES: PCRESO SDP 03-796 Planning Commission Resolution 2004 - Site Development Permit 2003-796-Madison Development, LLC Adopted: March 23, 2004 ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California PCRESO SDP 03-796 Planning Commission Resolution 2004 - Site Development Permit 2003-796-Madison Development, LLC Conditions of Approval -Recommended March 23, 2004 GENERAL: 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2004-796 unless otherwise amended by the following conditions. 2. The approved Site Development Permit shall be used within two years of this approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. The applicant shall post a $1000.00 deposit for each unit that is used as a sales office. After the sales office(s) is/are converted back to a residence, the Community Development Department shall inspect the site(s) for compliance before releasing the deposit back to the applicant. 5. The residential units shall not exceed one-story and be a maximum height of twenty-eight feet. Residential units within 150 feet of the Washington Street right-of-way shall be limited to a maximum height of twenty-two feet. 6. Any front, side, or rear walls shall be of masonry or other non -wood construction and conform to development regulations of the Zoning Code. 7. The applicant shall obtain a grading permit for the model home complex to include the temporary parking lot. The applicant may be required to submit for approval a grading plan. The parking lot design and tj Planning Commission Resolution 2004 - Site Development Permit 2003-796-Madison Development, LLC Conditions of Approval -Recommended March 23, 2004 improvements shall comply with Chapter 9.150 (Parking) of the Municipal Code. 8. A separate PM 10 and Stormwater Pollution Prevention Plan (SWPPP) shall be approved by the Public Works Department if no other PM10 or SWPPP is in effect at the start of construction. 9. There should be minimal interference between construction and model home traffic. Preferably, the permanent street improvements should be installed prior to opening of the model home complex. 10. The five prototype residential units shall be as follows: Square No. of No. of Garagej Feet Bedrooms Bathrooms Parkin Spanish Plan Al, A2 3,167 3 2.5-3.5 3-car w/casita option Spanish Plan E1, E2 3,010, 4 4 3-car includes casita Mediterranean Plan 131, B2, B3 2,800 3 3.5 2-car Mediterranean Plan D 1, D2 3,136 3 3.5 2-car Mediterranean Plan F1, F2 3,202 4 1 4.5 2-car 11. Landscaping plans for the units shall comply those plans submitted for this project, and as approved by the Planning Commission. Said landscaping plans shall comply with the City's Water Efficient Landscaping Ordinance and include all plant names, sizes, complete irrigation system showing location and size of water lines, valves, clock timer, type of sprinkler, etc. Prior to the issuance of any building permits, the landscape plans shall also be approved by Coachella Valley Water District and the Agricultural Commissioner before final approval by the Community Development Department. 12. The applicant shall obtain approval from the Public Works Department for the parking lot associated with the models and sales office. Said parking lot shall conform to City standards. Planning Commission Resolution 2004 - Site Development Permit 2003-796-Madison Development, LLC Conditions of Approval -Recommended March 23, 2004 COMMUNITY DEVELOPMENT DEPARTMENT 13. The applicant shall provide varied setbacks in accordance with the Zoning Code provisions to break up the monotony of the residential frontages. 14. That roof tiles shall be mudded with boosted ends. 15. That the "Chilean Mesquite" tree be used sparingly. ATTACHMENT I PROJECT AVDW -VICINITY MAP NOT TO SCALE ATTACHMENT I MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 7, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Lands aping Review Committee was called to order at 10:06 a.m. by PI Wing Manager Oscar Orci who led the flag salute. B. Committee Members present: Bill B bitt and David Thoms. It was moved and seconded by Com ttee Members Bobbitt/Thorns to excuse Committee Member CunrXngham. C. Staff present: Planning Maer Oscar Orci, Associate Planner Martin Magana, and Executive Se etary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDA A. Staff asked/'asked/4 there were any changes to the Minutes of November 5, 2003. T re being no quorum to approve the minutes as Committee Member unningham was absent and Committee Member Thoms had to abs in, the approval of the minutes was continued to the next meet' g. V. BUSINESS ITEMS: A. Site Development Permits 2003-796; a request of Madison/PTM La Quinta, LLC for a review of architectural and landscaping plans for five prototypical residential plans for the property located on the west side of Washington Street, south of Highway 1 11 . Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Vuksic, David Prest, Carol Wilkerson, Ed Alderson, Ron Gregory, who represented the project. 3 J. Architecture and Landscaping Review Committee January 7, 2004 2. Committee Member Thoms asked for an explanation of the retention basin as it appeared to be fenced off. Why entry gates. Mr. Gregory stated it was an effort to reuse the existing "historical gates". They would be relocated to the path entry. Staff clarified this was a request of the HPC to use the gates as it was believed they were historical. Since that time it has been determined they are not historical. 3. Committee Member Thoms questioned the south entry road. Staff clarified that it is not proposed to be the main access road. Committee Member Thoms asked if they would review the gates and entry from Washington. Staff stated they are not designed and could come back to the Committee for review. Committee Member Thoms asked the status of the date palms. Mr. Gregory indicated that the original intent was to preserve them on -site. Later it was determined that only the viable palms would be retained and relocated. Some are too tall and in poor condition and would be eliminated. Committee Member Thoms stated he did not see them on the plans. Mr. Gregory stated they propose a palm on the typical front yard plan. The palms would be dispersed throughout the project. They could be used in the retention basin, but the desire is to have trees of different heights. Committee Member Thoms asked if there was a site plan showing the location of the houses. Staff stated they do not have one as of yet. Committee Member Thoms asked that there be some front yard variations with setbacks especially along the south roadway. Mr. Vuksic explained how the houses would be situated on the lots and where they would have the opportunity to do variations. Committee Member Thoms asked about the material of the garage door on Elevation E. Mr. Prest stated they would be metal with a variety of looks. Committee Member Thoms asked if the end of the tiles would be mudded. Mr. Prest stated yes they want the full mudded look. 4. Committee Member Bobbitt asked that the garage doors be a material that would last. He asked about the window surrounds. Mr. Prest stated heavy aluminum windows with a bull nose reveal. Committee Member Bobbitt questioned the use of the Chilean Mesquite and would recommend it be used very sparingly. He also asked if there would be a HOA. Mr. G:\WPDDCS\ALRC\1-7-04 WD.doc 2 Architecture and Landscaping Review Committee January 7, 2004 Alderson stated yes. Mr. Gregory stated they would delete the tree from the front yards. Committee Member Bobbitt commended the applicant on the design of the homes. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-001 recommending approval of Site Development Permit 2003-796, as recommended by staff and amended: a. Date trees shall be mixed into the front yards and retention basins. b. The front yards would have a variation in the setback. c. The Chilean mesquite trees would be replaced. Unanimously approved. VI. \ CORRESPONDENCE AND WRITTEN MATERIAL: None VII. 'COMMITTEE MEMBER ITEMS: Vill. ALQJOURNMENT: There bei no further business, it was moved and seconded by Committee Members B bbitt/Cunningham to adjourn this regular meeting of the Architectural and Landsca ing Review Committee to a regular meeting to be held on February 4, 2004. This meting was adjourned at 10:41 a.m. on January 7, 2004. Respectfully sub)ptted, BETTY J. SAWYER' Executive Secretary GAWPD0CS\ALRC\1-7-04 WD.doc 3 STAFF REPORT PLANNING COMMISSION DATE: MARCH 23, 2004 CASE NO: SITE DEVELOPMENT PERMIT 2003-773 APPLICANT: CALIFORNIA COVE COMMUNITIES PROPERTY OWNER: SWC NORMAN 39, LLC REQUEST: REVIEW OF ARCHITECTURAL PLANS FOR THREE NEW SINGLE- FAMILY PROTOTYPE RESIDENTIAL UNITS WITH TWO DIFFERENT FACADES FOR EACH PLAN WITHIN THE GREG NORMAN GOLF COURSE DEVELOPMENT. LOCATION: NORTHWEST CORNER OF MONROE AND AIRPORT BOULEVARD WITHIN THE NORMAN COURSE. ARCHITECT: BASSENIAN LAGONI ARCHITECTS LANDSCAPE ARCHITECT: N/A ENVIRONMENTAL CONSIDERATION: AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED AND CERTIFIED BY THE CITY COUNCIL UNDER RESOLUTION NO. 91- 100 FOR SPECIFIC PLAN 90-015. THERE ARE NO CHANGED CIRCUMSTANCES, CONDITIONS, OR NEW INFORMATION WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ANALYSIS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. GENERAL PLAN/ ZONING DESIGNATIONS: LOW DENSITY RESIDENTIAL (LDR) AND LOW DENSITY RESIDENTIAL (LDR) P:\stan\sdp 2003-773 pc rpt.doc BACKGROUND: Previous Review This case was originally scheduled for review in June of 2003. Due to issues of lot ownership, the applicant tabled the request. Those issues have been resolved and the applicant has requested the application be processed. General The property is located within the Greg Norman golf course development at the northwest corner of Monroe Street and Airport Boulevard within Tract 29347 (Attachment 1). The project consists of 26 lots (Lots 4-29 of Tract 29347) on Brown Deer Park and Turnberry Way, between Royal St. George and Tiburon Drive currently owned by Steven Walker Homes. Specific Plan 90-015, Amendment #2, for the Norman Course, approved under Resolution 99-1 12, provides the Community Design Guidelines for the residential units. Currently, all the private street infrastructure improvements are constructed, and graded pads ready for construction. Steven Walker Homes had originally received approval from the Planning Commission in November, 2000, under Site Development Permit 99-665 for three prototypes to be constructed on these and the 13 adjacent lots which make up this tract. Under that approval, the applicant constructed 13 homes on lots 1 through 3, and 30 through 39. The originally approved homes range in size between 3,395 to 3,743 square feet. As constructed, the homes are 3,457 to 3,829 square feet in area. The existing units have been sold and are currently occupied. On July 23, 2002, the Planning Commission under Site Development Permit 2002- 747, approved two prototype plans of 3,422 and 3,949 square feet for Peter Jacobs Homes for the 26 lots in question for this application. Although permits were ready to be issued for these homes, they did not obtain them and ownership of the lots remained with Steven Walker Homes. PROJECT PROPOSAL: The applicant proposes three new one-story single-family prototype residential plans with two different architectural facades for each prototype. A model home complex, and parking lot is proposed on Brown Deer Park on lots 16-18 and 15, respectively. The project proposes a Tuscan architectural design utilizing smooth trowel plaster and concrete "S" the roofing. Architectural features include plastered eave overhangs, window shutters, round turret entries, decorative metal accents and gates. The heights of the homes vary between 20 and 21 feet in height. The exterior color P:\stan\sdp 2003-773 pc rpt.doc schemes are primarily variations of medium brown plaster with dark accent colors in shades of gray and brown. The plans for each design are attached (Attachment 2). The following is a breakdown of the proposed plans: Size (sq. Ft.) Number of bedrooms Number of baths number of garages Plan 1 House 3,135 Casita 575 3,710 three 3.5 two + golf cart Plan 2 House 3,395 Casita 493 3,888 four 4.5 2.5 + golf cart Plan 3 House 3,398 Casita 638 4,336 four four two + golf cart ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC): The ALRC reviewed this project at the June 4, 2003 meeting and determined that the prototype units were acceptable as submitted (Attachment 3). COMPATIBILITY: Section 9.60.300 of the Zoning Code requires that all second stories and new residential units that are proposed for construction within a partially developed subdivision, are subject to approval by the Planning Commission. The residential units, as proposed, are compatible in architectural style, colors, and overall appearance, with the existing units. Residential units vary from approximately 2,670 to over 4,900 square feet in area. The request falls within this range and therefore, is permitted. STATEMENT OF MANDATORY FINDINGS: Findings necessary to approve this request can be made and are contained in the attached Resolution. P:\stan\sdp 2003-773 pc rpt.doc RECOMMENDATION: 1. Adopt Planning Commission Resolution 2004-_, approving SDP 2003-773, subject to findings and conditions contained in the attached Resolution. Attachments: 1. Site Location Map 2. Plan exhibits (large scale) 3. June 4, 2003, Architecture and Landscape Review Committee meeting minutes Prepared by: Stan Sawa Principal Planner P:\stan\sdp 2003-773 pc rpt.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR THREE PROTOTYPE UNIT PLANS FOR CONSTRUCTION IN THE NORMAN COURSE CASE NO.: SITE DEVELOPMENT PERMIT 2003-773 APPLICANT: CALIFORNIA COVE COMMUNITIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of March, 2004, hold a duly noticed Public Hearing to consider the request of California Cove Communities, Inc. to approve architectural plans for three new prototype residential plans for construction in Tract 29347 in the Norman Course, more particularly described as: Portions of Tract 29347 WHEREAS, said Site Development Permit has been determined to an environmental impact report was prepared and was certified by the City Council under Resolution No. 91-100 for Specific Plan 90-015. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. No new two story units are proposed as a part of this approval. Therefore, there will be no height or mass impacts on existing residences. 2. The proposed residences are compatible and similar to the existing residences in terms of architectural materials, style, and colors. 3. The proposed unit sizes are within the existing approved range of house sizes, and therefore, acceptable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; E p:\stan\sdp 2003-773 pc res.doc Planning Commission Resolution 2004- Site Development Permit 2003-773 — California Cove Communities March 23, 2004 2. That it does hereby approve Site Development Permit 2003-773, for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 23rd day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, CHAIRMAN City of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California pAstan\sdp 2003-773 pc res.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-773 CALIFORNIA COVE COMMUNITIES ADOPTED: MARCH 23, 2004 1. This approval is for the following prototype plans: Plan 1 - 3,135 square feet + 575 square feet for casita Plan 2 - 3,395 square feet + 493 square feet for casita Plan 3 - 3,398 square feet + 638 square feet for casita 2. Pursuant to Municipal Code Chapter 8.13 (Section 8.13.030 (D)(b)2), at least one model plan shall incorporate the principles of water efficient landscapes. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Detailed preliminary front yard and streetscape landscaping plans shall be submitted for review and approval by the Architecture and Landscaping Review Committee prior to issuance of any building permit for units authorized by this approval. Compliance with Water Efficiency Ordinance (Chapter 8.13) is required. P:\stan\sdp 2003-773 pc coa.doc ATTACHMENT 52nd JAVENUE m m 53rd AVENUE N O Z 54th AVENUE v a �a P" WEST s 9(TE AIRPORT BLVD. a p WEISKOPF y 0 0 z m 58th AVENUE VICWTY MAP NOT TO SCALE 0 Z ATTACHMENT Architecture and Landscaping Review Committee June 4, 2003 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Cunningham to adopt Minute Motior) 2003-024 approving Site Development Permit 2003-771, as recommended. Unanimously approved. E. Site Development Permit 2003-773; a request of California Cove Communities for review of architectural plans for three prototype units within the Greg Norman Course located at the northwest corner of Madison Street and Airport Boulevard. 1. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Ms. Carol Long, and Mr. Matt Mosie representing the applicant who gave a presentation on the project. 2. Committee Member Cunningham asked if the exterior was smooth stucco. Mr. Mosie stated yes. Committee Member Cunningham stated in this use, the cement tile roof does work as it is a restrained look. 3. Committee Member Thorns asked what was changed from the previous plans. Mr. Mosie stated the courtyard space was redesigned in conjunction with the casitas and the ceiling heights are changed. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2003-025 approving Site Development Permit 2003-773, as recommended. Unanimously approved F. Tentative Tract M�p 29323; a request of Cornerstone Developers for a discussion of the °Landscaping plans for the perimeter tract areas at the northwest corner`of Fred Waring Drive and Jefferson Street. 1. Associate Planne Wallace Nesbit presented the information contained in the st ff report, a copy of which is on file in the Community Developn\ent Department. Staff introduced Mr. Ray Lopez, landscaper a'�d Mr. Joe Swain of Cornerstone representing the project who gave a presentation on the landscaping plan. G:\WPDOCS\ALRC\6-4-03 WD.doc STAFF REPORT PLANNING COMMISSION DATE: MARCH 23, 2004 CASE NO: ENVIRONMENTAL ASSESSMENT 2003-496 TENTATIVE TRACT 31910 APPLICANT/ OWNER: JOHN MEGAY & ASSOCIATES REQUEST: 1. RECOMMENDATION TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (EA 2003-496), AND 2. TENTATIVE TRACT 31910, A REQUEST FOR APPROVAL OF A SUBDIVISION OF ± 38.85 ACRES INTO 132 SINGLE FAMILY LOTS LOCATION: WEST SIDE OF MONROE STREET, '/4 MILE NORTH OF AVENUE 58 (ATTACHMENT 1) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 2003-496, FOR TT 31910. BASED ON THIS ASSESSMENT, THE COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT, WHILE THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, THE POTENTIAL FOR SUCH IMPACTS CAN BE MITIGATED THROUGH MEASURES INCORPORATED INTO THE PROJECT APPROVAL. ACCORDINGLY, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED. GENERAL PLAN DESIGNATION: LDR (LOW DENSITY RESIDENTIAL - UP TO 4 UNITS PER ACRE) ZONING: RL (LOW DENSITY RESIDENTIAL) BACKGROUND: Site Background The Tentative Tract Map site consists of generally level terrain with no apparent constraints to residential use. The site is currently in agricultural use. A single- family residence in the northeastern quadrant of the property, with access on Monroe, will remain, and is not part of the proposed Tentative Tract map. On the north and west sides of the property is the Village at the Palms Country Club, approved for 101 units and an existing golf course with 38 units completed and nine under construction. To the southwest are the administrative offices and substation facilities of the Imperial Irrigation District. To the south is vacant land, currently approved for 97 lots on 37 acres (TT 30092). On the east side of the property is Monroe Street, with vacant agricultural uses beyond. The area across Monroe is not within the City limits, and is pre -zoned Low Density Residential with Agricultural/Equestrian Overlay. There is also pre -zoning for 10 acres of Neighborhood Commercial across Monroe, from the northeast corner of the site (Attachment 2). No prior development applications have been filed on this site. Project Background The applicant is requesting approval of a single-family detached home subdivision, on 38.85 acres, with 132 lots (Attachment 3). The lots will range in area from 8,003 to 14,016 square feet, with an average of about 8,770 square feet. The tract takes its only access at the southwest corner of the site, from Monroe Street. A gated entry is proposed, which leads to an internal traffic circle. From this point, the tract is laid out in an offset grid pattern with a combination of cul-de-sacs and loop streets. An existing private well site is to be abandoned in favor of a new CVWD well site, to be located along Monroe Street. Public Notice This case was advertised in the Desert Sun newspaper on March 2, 2004. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. To date, no responses to this notice have been received. Any such correspondence received prior to the meeting will be transmitted to the Planning Commission. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file at the Community Development Department, and have been incorporated into the attached Conditions of Approval, where necessary and appropriate. Historic Preservation Commission On February 19, 2004, the City's Historic Preservation Commission (HPC) reviewed the property owner's Phase I Cultural Resources Assessment, prepared by Archaeological Advisory Group, along with the associated Paleontological Assessment (Attachment 4). These assessments found that no resources occurred, and that the site's agricultural use reduced the likelihood of such resources. However, it is likely that grading on the site will uncover paleontologic and/or cultural resources. The study recommends, therefore, that mitigation measures be implemented, due to potential for buried resources, and the imported fill which has been placed on the project site which could obscure these resources. The HPC concurred with the report recommendation to monitor the site, and staff has incorporated those measures into the Conditions of Approval. STATEMENT OF ISSUES Access - As stated, the tract will take access off of Monroe Street at the southeast corner of the site. There are no known pre -approved access points along Monroe Street, beyond individual driveways, between Airport Boulevard (Avenue 56) and Avenue 58. The east leg of Avenue 57 exists as a two-lane paved roadway; its intersection with Monroe Street is just under '/4 mile from the proposed tract access. Therefore, staff has recommended that full turning movements be permitted at the tract entry. In addition, a condition has been recommended which would require a study to determine whether a deceleration lane is warranted along Monroe Street into the project STATEMENT OF MANDATORY FINDINGS: Findings necessary to recommend approval of this proposal can be found in the attached Resolution to be adopted for this case. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2004 - , recommending to the City Council certification of Environmental Assessment 2003-496, subject to findings, and; 2. Adopt Planning Commission Resolution 2004 - , recommending to the City Council approval of Tentative Tract 31910, subject to conditions as recommended by staff. Attachments: 1. Location Map 2. Surrounding Land Uses 3. Proposed TT 31910 4. Minutes of HPC meeting of 2/19/04 Prepared by: '�Zof z� - Wallace Nesbit, Assoclate Planner PLANNING COMMISSION RESOLUTION 2004- 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 FOR ENVIRONMENTAL ASSESSMENT 2003-496, FOR TENTATIVE TRACT MAP 31910 CASE NO. EA 2003-496 APPLICANT: JOHN MEGAY & ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23" day of March, 2004, hold a duly noticed Public Hearing to consider adoption of a recommendation on Environmental Assessment 2003-496, prepared for Tentative Tract 31910, located on the west side of Monroe Street, '/4 mile north of Avenue 58, more particularly described as: PORTION OF THE NE '/4 OF THE S/E '/4 OF SECTION 22, T6S, R6E - S.B.B.M WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, City Council Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2003-496) and has determined that the proposed Tentative Tract 31910 does not have potential for significant adverse effects on the environment with the incorporation of recommended mitigation measures, and that a Mitigated Negative Declaration of Environmental Impact should be filed; 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 findings to justify their recommendation for certification of said Environmental Assessment: 1. The proposed Tentative Tract 31910 will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards when considering the required mitigation measures to be imposed. The project will not have the potential to substantially reduce or cause 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. Planning Commission Resolution 2004- Environmental Assessment 2003-496 John Megay & Associates March 23, 2004 2. 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. The site does not contain any wetlands or riparian habitat, nor is it a wildlife corridor. The site is outside the boundaries of the fee area of the Fringe -toed Lizard Habitat Conservation Plan., The site's agricultural land uses lend themselves to potential habitat for the burrowing owl. However, no burrowing owls were identified. 3. The proposed Tentative Tract 31910 will not have the potential to achieve short term goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The proposed Tentative Tract 31910 will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that development activity in the area has been previously analyzed as part of the project approval process. Cumulative project impacts have been considered and mitigation measures proposed in conjunction with approval of those projects, and development patterns in the area will not be significantly affected by the proposed project. 5. The proposed Tentative Tract 31910 will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan. No significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The Planning Commission has considered Environmental Assessment 2003-496 and determined that it reflects the independent judgement of the City. 8. 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). 9. 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. Planning Commission Resolution 2004- Environmental Assessment 2003-496 John Megay & Associates March 23, 2004 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That is does hereby recommend certification of Environmental Assessment 2003-496 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23`d day of March, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California OSCAR W. ORCI, Interim Community Development Director City of La Quinta, California t ' 1. 2. 91 9 Environmental Checklist Form Environmental Assessment 2003-496 Project title: Lead agency name and address Tentative Tract Map 31910 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact person and phone number: Wally Nesbit 760-777-7125 Project location: West side of Monroe Street,'/a mile north of Avenue 58 - APN: 764-010-008 & 009 5. Project sponsor's name and address: John Megay & Associates 78661 Avenue 42, Suite B Bermuda Dunes, CA 92201 6. General plan designation: Low Density Residential 7. Zoning: Low Density Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed Tentative Tract Map will subdivide 38.85 acres into 132 single family residential lots, as well as lettered lots for streets and retention basins. A recreation lot and a CVWD well site are also included in the proposed map. Streets are proposed to be private, and the subdivision is proposed to be gated. The site is currently in agriculture. A single family residence in the northeastern quadrant of the property, with access on Monroe, will remain, and is not part of the proposed Tentative Tract map. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Golf Course and Agriculture (Golf, Low Density Residential) South: Vacant, previously cultivated, electric substation (Low Density Residential) West: Golf Course (Golf, Low Density Residential) East: Monroe Street, Agriculture beyond (Low Density Residential with Agricultural/Equestrian Overlay) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District me 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. Signature March 11, 2004 Date P:\Wally\Casedocs\Current\TT31910\EA Chklst.doc -2- `� EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, 'Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 4 -3- 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (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)-d) The proposed project is not located on a General Plan Image Corridor. The site is bordered on two sides by golf course and residential development. The ultimate construction of homes on the site will result in single and/or two story residences of limited height. The City restricts building heights in residential areas. The site is not adjacent or near any significant physical features or mountain ranges. No impacts to aesthetics are expected to occur as a result of the proposed project. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. Es Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. 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. IIl-21 ff.) X b) Conflict with existing zoning for 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? (General Plan Land Use Map) H. a)-c) The proposed property, although currently in agriculture, is not under Williamson Act contracts. The property is not within the Agricultural/Equestrian Overlay of the General Plan. The property is in an area of the City which is urbanizing, and is surrounded on two sides by urban development. The loss of 38 acres of agricultural land is not expected to represent a significant impact on agricultural resources in the Valley. Personal communication, Matt Petroni, Warner Engineering, March 11, 2004. -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) chi c) The City's primary source of pollution is the automobile. The Tentative tract map will ultimately result in the construction of 132 single family homes, which could generate up to 1,255 trips per day2. Based on this traffic generation, and an average trip length of 10 miles, the following emissions can be expected to be generated from the project site. "Trip Generation, 6`s Edition," Institute of Transportation Engineers, Single Family Detached category 210. .� -6- Moving Exhaust Emission Projections at Project Buildout (hounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 1,255 x 10 = 12,550 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 1,129.50 29,367.00 6,024.00 - 125.50 125.50 Pounds at 50 mph 2.49 64.83 13.30 - 0.28 0.28 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 1,2.55 ADT. 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. The project's potential impacts to air quality 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 during project operations. These include the following, to be included in conditions of approval for the proposed project: 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 1,025.6 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 addition, the potential impacts associated with PM10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. -7- 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 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. 5. 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. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Monroe and the retention basins shall be landscaped with the first phase of development on the site. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. 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 PM10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level. III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. -8- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro'ect: 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? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) 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? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) 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? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) 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? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) e) Conflict with any local policies or X ordinances protecting biological -9- 1 ' ) resources, such as a tree preservation policy or ordinance? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) 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? (General Plan Exhibit 6.3) IV. a)-f) The site has been in agriculture for a considerable period of time. As such, native species are not expected to occur. However, the site's agricultural land uses lend themselves to potential habitat for the burrowing owl, which often nests in holes in the banks of planting rows. In order to determine the potential impacts to burrowing owls, a focused biological resource study was completed for the project site 3. The consulting biologist performed an on -site survey on one day in December, 2003. No burrowing owls were identified on the survey date, although numerous gopher burrows were seen. However, the CDFG protocol calls for four survey days when surveying for burrowing owls. The site may also be occupied by the species between the time of study and the time of construction. In order to assure that the burrowing owl does not occur on the site at the time of construction, the following mitigation measure shall be implemented. 1. Prior to any non-agricultural ground disturbing activity on the site, and within 48 hours of the initiation of such activity, the project proponent shall cause the site to be surveyed by a qualified biologist for burrowing owls. Should the species be identified on site, passive relocation, in conformance with the biologist's recommendations and protocol in place at the time, will be completed prior to the initiation of any activity. The biologist shall submit a written report to the Community Development Department prior to issuance of any ground disturbing permit on the project site. The site does not contain any wetlands or riparian habitat, nor is it a wildlife corridor. The site is outside the boundaries of the fee area of the Fringe -toed Lizard Habitat Conservation Plan. With the implementation of the above -listed mitigation measure, the impacts to biological resources will be reduced to a less than significant level. 3 "Results of Burrowing Owl Surveys..." prepared by Kinsinger Environmental Consulting and Eilar Associates, December 2003. ? _1 -10- 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? ("Cultural Resources Assessment...,"Archaeological Associates, December 2003) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("Cultural Resources Assessment...,"Archaeological Associates, December 2003) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Pre -Construction Paleontological Survey...," Archaeological Associates, December 2003) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Cultural Resources Assessment...,"Archaeological Associates, December 2003) V. a)-d) A Phase I cultural resource study was completed for the project site 4. The study found that no resources occurred, and that the site's agricultural use reduced the likelihood of resources further. In its review of the report, however, the Historic Preservation Committee found that there should be on -site monitoring during earth moving activities, in order to assure that buried deposits are not disturbed. Therefore, the following mitigation measure shall be implemented. 1. A qualified archaeological monitor shall be on -site during all grubbing, trenching and grading activities associated with the project site. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to issuance of building permits on the site. 4 "Cultural Resources Assessment of Tentative Tract 31910" prepared by Archaeological Associates and Eilar ; Associates, December 2003.. 1 " -11- 5 A paleontologic investigation was conducted for the project sites. The study found that it is likely that grading on the site will uncover resources. The Historic Preservation Committee also reviewed the potential for paleontologic resources on the site, and found that the site should be monitored. Therefore, the following mitigation measure shall be implemented. 1. A qualified paleontologic monitor shall be on -site during all grubbing, trenching and grading activities associated with the project site. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to occupancy of the first home on the site. Implementation of these mitigation measure will assure that any potential impacts to cultural and paleontologic resources are mitigated to a less than significant level. "Pre -Construction Paleontological Survey of a 38.65 acre Parcel," prepared by Archaeological Associates and Eilar Associated, December 2003. { -12- 1 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) 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 (MEA Exhibit 6.1) 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)-e) The site is located in a Zone III groundshaking zone, and will experience significant ground shaking during an earthquake. However, the City implements the most recent updates to the Uniform Building Code relating to seismically active areas, and all homes on the site will be constructed to these standards. Soils are considered appropriate for single family home construction, and on -site soils analyses will be required by the Building Department prior to the issuance of building permits. I 1 -13- The site is located in an area of high potential for liquefaction. In order to assure that the potential impacts associated with liquefaction are mitigated to a less than significant level, the following mitigation measure shall be implemented: 1. In conjunction with the preparation of on -site soil analysis, as required by the Building Department and City Engineer prior to issuance of building permits, the applicant's geologist shall also submit a liquefaction study which demonstrates the site's depth to groundwater, and includes mitigation measures if needed. The project site is located in an area of moderate blow sand potential. The mitigation measures included above under air quality are designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. The site is not subject to landslides, nor does it have expansive soils. " J -14- 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 -15- evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VU. a)-h) The construction of residential uses on the proposed project site will not result in significant impacts associated with hazardous materials. The City implements the standards of the Household Hazardous Waste programs through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. The site is not in an area subject to wildland fires. -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. II1-187 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? ("Preliminary Drainage Study" Warner Engineering, December 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? ("Preliminary Drainage Study" Warner Engineering, December 2003) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ("Preliminary Drainage Study" Warner Engineering, December -17- 2003) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ("Preliminary Drainage Study" Warner Engineering, December 2003) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The eventual development of the site will result in the need for domestic water service for residential units and landscaping. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will also 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. VIII. c) & d) The hydrology analysis prepared for the proposed project6 demonstrates how the proposed project can retain its 100 year flood flows on site, through the use of retention basins (shown as Lots O and P on the Tract Map). The study found that the site will generate a need to retain 178,704 cubic feet of water in a 100 year storm, and that the retention basins are sized to accommodate 209,425 cubic feet. The City Engineer will review and approve the drainage analysis for the site, prior to the issuance of any permits. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 6 "Preliminary Drainage Study," prepared by Warner Engineering, December, 2003. -18- 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 proposed Tract Map conforms to the General Plan designation and Zoning standards assigned to the property. The development of housing on this property represents a continuation of the urbanizing pattern experienced in this area of the City. The site is not within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan fee area. -19- 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. e -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR p. III- 144 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III- 144 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project site is located in the southern portion of the City, in an area which is not now subject to significant noise levels. Further, buildout of the General Plan in this area is not expected to generate significant noise levels, particularly since the site is proposed to be walled and gated, which will mitigate potential noise levels. The impacts -21- F.. associated with noise on the project's residents are therefore expected to be less than significant. The project will generate higher noise levels during all phases of construction. A single family residence will remain within the northeastern quadrant of the property, and is considered a significant receptor for noise. In order to minimize the potential impacts to this residential unit during construction, the following mitigation measures shall be implemented: 1. Construction activities shall occur only during those hours allowed in the La Quinta Municipal Code. 2. All construction equipment shall be equipped with properly operating and maintained muffler systems. 3. All stationary equipment storage shall occur along the western property line, and as far away from existing dwelling unit as possible. 4. A 6 foot wall shall be erected around the residence prior to the initiation of any earth moving activity on the site. The site is not located in the vicinity of an air strip or airport. The implementation of the above -listed mitigation measures will assure that impacts associated with noise are reduced to less than significant levels. 1- 3 -22- 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 is consistent with the General Plan land use designation for the property, and is in an area designated for low density residential land uses. The project site is in agriculture, and will not induce growth or displace an existing community. -23- 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.) XHI. 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, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. The tract map will include an on -site recreational lot, which will provide recreational facilities to project residents. -24- 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) The construction of 132 residential units within the project will be supported by the inclusion of an on -site recreational lot. In addition, the City's parkland fee will be applied, if needed, to mitigate any additional impact to City parks. -25- 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)? (Tentative Tract Map 31910) e) Result in inadequate emergency X access? (Tentative Tract Map 31910) f) Result in inadequate parking capacity? X (Tentative Tract Map 31910) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) Traffic levels in the area of the proposed project are expected to be at acceptable levels at buildout of the General Plan. The proposed tract map allows a density slightly lower than the maximum allowable under the Low Density Residential designation, and will therefore generate slightly less traffic than could have occurred. The project proponent -26- will be required to provide on -site parking in the form of garages for each unit. Impacts associated with the buildout of the project site are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider 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.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X -27- % � statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVH. 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? -28- XVII. a) The site has been identified as having the potential for biological cultural and paleontologic resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. XVII. b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. XVII. c) The construction of 132 residential units is less than could potentially occur on this site, will not have considerable cumulative impacts and is consistent with the General Plan designation on the property. 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, and the site will generate PMIO, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been mitigated above to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -29- 0 d 3 a� 0 0 4. a\ 0 o00 0 � o � � 00 U 0 > A z°@ O►.aVba COD a>i� cn z o G+ �aaaa� 0 rn r, M a c4 o cqs � CO) d ,a• o N Z" H w 04 > c4 Oo 0 ti ®z O �V z x� A U W d W F d A z d 04 Ox UU n o ° ° o 0 0 y Rt � N � •N C� •U U CID En r Con cn cn oio 73 a o 0 0 o 0 z F 0 vi O a' O O cad U -- O U O to O U U tw U `� V Gr �a � A � Q Q Q Q o U .� C. •� Q C� O F bA U U U GG U Q a� o P 4) F ceS C 0 M o 4- 0 w F N b O c� >' :r N 3 o o �" W W o�y- a > � acd d b d �o 0 a o b wu.� � d cis N u 3 `� � a u v� may' �O N x as S �b 5�.E w :R a U 21 W F d A d� Ox UU O � W � a O U cad z b F 0 0 a o� c wz o as OnO A a0 a UA z o a o d � G7 ai Q+ N ci U o W F A dW Ox UU O o U z tw A a 0 as �o zo OO A a b z � v G d 0 ►� V 0 Gq O CL W F A z� a U UU o F o F O O a a Wz 0 z� Op q a oa z 0 O d `' O O � L�7 ,o v� W F Q A z� a U UU F o 0 0 0 F o 0 0 U U U to O Q Q Q a a o� cn z z a Qon Qon Q � Qo b b b b ca ca as as "Cy N O u G cq Cl. F � W>' Cl, >, d o C o W o • o �, o N.y U V '� a, P4 cv z� ►., °c N w o� �. 3 b U U cis c'A PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 31910, DIVIDING 38.85 ACRES INTO 132 SINGLE-FAMILY LOTS CASE NO. TT 31910 APPLICANT: JOHN MEGAY & ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of March, 2004, hold a duly noticed Public Hearing to consider adoption of a recommendation on Tentative Tract 31910, located on the west side of Monroe Street, 1/4 mile north of Avenue 58, more particularly described as: PORTION OF THE NE '/4 OF THE S/E 1/4 OF SECTION 22, T6S, R6E - S.B.B.M WHEREAS, Environmental Assessment 2003-496 has been prepared in accordance with "The Rules to Implement the California Environmental Quality Act of 1970" as amended by City Council Resolution 83-63. Based on this Assessment, it as been determined that the project will not have a significant adverse effect on the environment with the incorporation of mitigation measures; therefore, a Mitigated Negative Declaration of environmental impact should be certified; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following findings to justify their recommendation on Tentative Tract 31910: 1. The La Quinta Community Development Department has prepared Environmental Assessment 2003-496. Based on this Assessment, the Community Development Department has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance. 2. The proposed Tentative Tract Map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate storm water drainage, and other infrastructure improvements. The project is consistent with the adopted Low Density Residential land use designation of up to four dwelling units per acre, as set forth in the General Plan. P:\Wally\Casedocs\Current\TT31910\peresoTT31910.doc Planning Commission Resolution 2004- Tentative Tract 31910 — John Megay & Associates March 23, 2004 3. The design and improvements of the proposed Tentative Tract Map are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, parking requirements, and timing of their construction. 4. As conditioned, the design of Tentative Tract 31910 and type of improvements, will not conflict with easements for access through, or use of, property within the proposed subdivision. 5. The design of Tentative Tract 31910 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2003-496, in which no significant health or safety impacts were identified for the proposed project. 6. The site for Tentative Tract 31910 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. 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 require compliance with those mitigation measures specified by Environmental Assessment 2003-496, prepared for Tentative Tract Map 31910; 3. That it does recommend approval of Tentative Tract Map 31910 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 La Quinta Planning Commission held on this 23rd day of March, 2004, by the following vote to wit: AYES: NOES: P:\Wally�Casedocs\Current\TT31910\peresoTT31910.doc Planning Commission Resolution 2004- Tentative Tract 31910 — John Megay & Associates March 23, 2004 ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: OSCAR W. ORCI, Interim Community Development Director City of La Quinta, California P:\Wally\Casedocs\Current\TT31910\peresoTT31910.doc PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 GENERAL 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 • Coachella Valley 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 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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. 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. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 2 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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) Monroe Street (Primary Arterial, Option A, 1 10' ROW) — The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except for an additional right of way dedication at the primary entry of 67 feet from the centerline and a minimum 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements 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: A. PRIVATE STREETS CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-31910.doc 3 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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 as shown on the tentative map. C. Knuckle 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the entry similar to the lay out shown on the rough grading plan. 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. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 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 t C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 4 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. 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 [ insert street names(s) ] from lots with frontage along [insert street name(s) 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. 4y 1 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-31910.doc 5 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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 ALAOCAD 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. 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. Off -Site Street/Signing & Striping 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 sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical 1 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-31910.doc 6 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 C. On -Site Rough Grading/Storm Drain Plans 1 " = 40' Horizontal D. On -Site Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping 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. 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 4'. 5 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 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. ,, i CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 8 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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. 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. 29. 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 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 1 I 4 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-31910.doc 9 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 31. 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. 32. 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. 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. 33. 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. 34. 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 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-31910.doc 10 �_ t PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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. 35. 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. 36. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Applicant shall revise the building pad elevations of lots 42 thru 51, and lot 54 as necessary to comply with this requirement. The retention basin concept shall also be revised to accommodate the revised drainage pattern. 37. 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. 38. Prior to any site grading or grading 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. 39. 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. npAmAnp 40. The applicant shall revise the proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97-03 and to accommodate the revised building pad elevations of lots 42 thru 51, and lot 54. CADocuments and Setting s\bsawyeALocal Settings\Temporary Internet Files\OLK7\COA - TM-31910.doc 11 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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. 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. 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. 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. For retention basins on individual lots, retention depth shall not exceed two feet. 46. 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. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. k.ocumerts and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-31910.doc 12 1 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 48. 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. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 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. 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. m C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 13` PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 A. OFF -SITE STREETS 1) Monroe Street, Primary Arterial Option A - 1 10' R/W ): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at Primary Entry if required by a traffic study prepared for the applicant per Engineering Bulletin #03-07. The north curb face shall be located fifty five feet (55') west of the centerline. Other required improvements in the Monroe 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. c) Half width of an 18 foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate full turn movements at the entry. 4 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 14 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 d) A County of Riverside benchmark in the Monroe Street 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). The applicant is responsible for construction of all improvements mentioned above. B. PRIVATE STREETS 1► Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line except for the Lot A entry drive. 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. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 56. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic (minimum 60 feet from the curb face to the voice box); 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. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 15 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 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. 57. 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. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 58. 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. 59. General access points and turning movements of traffic are limited to the following: Primary Entry (South portion of Tentative Tract Map on Monroe Street): Full turn movements are allowed. 60. 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. 61. 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. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\COA - TM-31910.doc 16 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 CONSTRUCTION 62. 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 63. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 66. 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. 67. 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. QUALITY ASSURANCE 68. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 69. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 17 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 prepare and sign accurate record drawings, and to provide adequate construction supervision. 70. 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. 71. 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 72. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 73. 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 74. 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. 75. 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). COMMUNITY DEVELOPMENT 76. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street patter, etc.) may be administratively approved 11 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-31910.doc 1 8- PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increase or decrease in number of lots meeting the general criteria above, but involving a change of no more than 5% of the total lot count of the Tentative Map as approved. Any revisions that would exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 77. Prior to any non-agricultural ground disturbing activity on the site, and within 48 hours of the initiation of such activity, the project proponent shall cause the site to be surveyed by a qualified biologist for burrowing owls. Should the species be identified on site, passive relocation, in conformance with the biologist's recommendations and protocol in place at the time, will be completed prior to the initiation of any activity. The biologist shall submit a written report to the Community Development Department prior to issuance of any ground disturbing permit on the project site. 78. 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 Community Development Department prior to issuance of first earth -moving or clearing permit, whichever occurs first. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to issuance of building permits on the site. The final report on the monitoring shall be submitted to the Community Development Department prior to the final inspection of the project. 79. 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 shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 80. On- and off -site monitoring in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to r CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 19 PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: MARCH 23, 2004 temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of the first earth -moving permit, of before any clearing of the site as begun. 81. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 82. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to pale ontological resources. 83. Collected resources and related reports, etc. shall be given to the City. Packaging of resources, reports, etc. shall comply with standards commonly used in the pale ontological industry. 84. Landscaping plans for the units shall comply with the City's Water Efficient Landscaping Ordinance for this project and as approved by the Planning Commission. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timers, type of sprinklers, etc. Prior to the issuance of any building permits the landscape plans shall also be approved by the Coachella Valley Water District before final approval by the Community Development Department. FIRE DEPARTMENT 85. Fire Department plan check is to run concurrent with the City plan check. Specific fire protection measures will be determined at the time of plan check. SHERIFF DEPARTMENT 86. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-31910.doc 20 ATTACHMENT 1 a% � s W oG��F TATE HIGHWAY 111 y W o - COA CHEL LA ROJECT > . SI TE AIRPORT BLVD. 58TH AVE. I I = VICINITY MAP (NO SCALE) THOAAS BROTHERS GUIDE. -EDITION 200J PAGE 55JO COORDINATE E6 CASE No. ATTACHMENT 4 Historic Preservation Commission February 19, 2004 C. Historical, Archaeological, and Paleontological Resources Reports for a 38.65 Acre Site Proposed for Tentative Tract Map 31910, located on the west side of Monroe Street, between Airport Boulevard and Avenue 58. Applicant: John Megay and Associates Archaeological Consultant: Archaeological Associates and Eilar Associates. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp asked for clarification of a location in the middle of the Augustine reservation referenced on Page 2 of the report. Chairperson Mouriquand clarified the location he was questioning and commented it was 50 feet below sea level and had been inundated by the ancient lake. 3. Chairperson Mouriquand complimented the research design discussion on Pages 10 and 11 as it followed the ARMR format. She commended the consultants on their work and defining research goals. She stated she was curious about the Neuman tenant farm house site listed in the table on Page 12. She also noted on Page 13, Subsection C, Previous Surveys, it stated the entire City had been previously surveyed while the staff report stated it had not. Apparently, it had been surveyed in 2000 or 2001. She asked why a re -survey was required if it had been less than the State recommended five years since the last one. Staff asked if there was a need for the survey. Chairperson Mouriquand replied yes, for the Village at the Palms project. She also mentioned in the last paragraph on Page 13 there was a discussion about the dirt wagon road (the Old Indian Trail which later became the Bradshaw Trail Line). A highly significant landmark. The consultant had not recommend monitoring, but staff did and she agreed. 4. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-004 accepting the Historical and Archaeological Resources Report for Tentative Tract Map 31910 as submitted by staff. Unanimously accepted. 7 Historic Preservation Commission February 19, 2004 5. It was moved and seconded by Commissioners Puente and Wilbur to adopt Minute Motion 2004-005 accepting the Paleontological Resources Reports for Tentative Tract Map 31910 as submitted by staff. Unanimously accepted. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Staff discussed the information passed out regarding the Historic Preservation Conference. B. Staff distributed photographs of historical artifacts recovered through the research efforts of Marlys K. DeBell who had been asked by the City to conduct a search to see if anything could be located. She was able to locate these in storage at the University of California, Riverside. These items are scheduled to be included in the City's Museum, when constructed. The Commission requested the actual items be shown at a future meeting. Staff replied they would make arrangements for the Commissioners to view these items. VII. COMMISSIONER ITEMS: A. Discussion regarding about the City's Fill Policy for on- and off -site fill and stockpiling. Staff contacted the Public Works Department and found out the permits are issued without approval from the Community Development Department. Several options are being discussed with the Public Works Department. B. Commissioner Mouriquand brought up the subject of parcels that have been surveyed. She made reference to Quad sheets with surveyed areas filled in. Staff replied the City Manager has initiated a GIS mapping system showing developments, tract numbers, and file names for a base plan of what has been done. C. Ms. Neeley, 42625 Iowa Street, Palm Desert, and Docent Director for the La Quinta Museum, introduced herself and stated she was instructed to address the Commission on the Point Happy project. Staff stated they were unaware of this arrangement. It was staff's understanding the McKenna group was to arrange for an oral report that would be presented to the Commission at a date to be determined. Also in attendance was Kristina Lindgren, representative for the McKenna Group. Staff asked if this was the Oral Report, formerly requested for the Point Happy Project. Kristina Lindgren replied it was not. This was just a brief presentation Ms. Neeley 8 STAFF REPORT PLANNING COMMISSION DATE: MARCH 23, 2004 CASE NO.: SITE DEVELOPMENT PERMIT 2004-800 REQUEST: CONSIDERATION OF A SITE DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A 12,000 SQUARE FOOT GROCERY STORE LOCATION: SOUTHEAST CORNER OF WASHINGTON STREET AND SIMON DRIVE APPLICANT: JACK TARR DEVELOPMENT REPRESENTATIVE: JACK TARR PROPERTY OWNER: WASHINGTON 1 1 1, LTD ENVIRONMENTAL REVIEW: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 2002-072 FOR SPECIFIC PLAN 87-01 1, AMENDMENT NO.4, WASHINGTON PARK SPECIFIC PLAN. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL AS SESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: REGIONAL COMMERCIAL (RC) GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (RC) SURROUNDING ZONING/LAND USE: NORTH: REGIONAL COMMERCIAL (RC) SOUTH: REGIONAL COMMERCIAL (RC) EAST: REGIONAL COMMERCIAL (RC) WEST: LOW DENSITY RESIDENTIAL (LDR) P:\FRED\SDP 2004-800\PC staff rpt. SDP 2004-800.doc BACKGROUND AND OVERVIEW: Site Development Permit The request is for approval of a Site Development Permit to construct a 12,000 square foot grocery store. Site Plan The site is located at the southeast corner of Washington Street and Simon Drive, with direct access to the building from two driveways on Simon Drive. Full turning movements will be allowed at the western entrance from Simon Drive. The eastern entrance from Simon Drive will be designed for a right -in and right -out only access and aligns with an internal road that allows vehicles to access an entry on Washington Street with right -in and right -out only turning movement. Both driveways provide access to Washington Park commercial center and to the parking lot for the grocery store. There are 98 parking spaces provided for this building at this portion of the site. Architectural and Landscape Design The proposed architectural design is characterized as a "Desert Deco" style which is described as "...an interpretation of contemporary, modern, and art deco architecture". The proposed building features flat roofs, mellifluous colors, varied surface textures with rich facade colors and vibrant accent colors as an integral component to the overall design approach. Building massing features deep-set openings, reveals, and insets emphasizing shadow and light. The building utilizes a staggered roof line at 18 to 22 feet in height, an anodized aluminum store front, glass doors, wood trellises with steel support and color band wainscoting. The highest point of the building, a stone veneer architectural tower element, is proposed to be 28 feet. The proposed landscape plan is consistent with the Specific Plan guidelines and palette of plant materials. The landscape setback on Washington Street exceeds the required 20 feet in portions surrounding the building and on the corner of Washington Street and Simon Drive. Landscaping surrounds the outside perimeter of the parking lot on all sides of the property. The preliminary landscape plan consists of Date Palms and Mexican fan palm trees and shade trees including Sweet Acacia, Chilean Mesquite, and Desert Willow. The ground cover and shrub plant material are low water consumption and native to the area. Planting materials conform to the Washington Park Specific Plan. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed this request at its meeting of March 3, 2004 (Attachment 3). The Committee adopted Minute Motion 2004-010 recommending approval with the condition that the applicant provide a meandering sidewalk at the corner of P:\FRED\SDP 2004-800\PC staff rpt. SDP 2004-800.doc �, f Washington Street and Simon Drive creating a pedestrian access connection to the sidewalk north of Simon Drive. COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES: The project was sent out for comment to City Departments and affected public agencies on February 27, 2004, requesting comments returned by March 16, 2004. All applicable comments are incorporated in the Conditions of Approval. PUBLIC NOTICE: This project was advertised in the Desert Sun newspaper and posted on March13, 2004. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. ANALYSIS AND ISSUES: The findings necessary to approve the Site Development Permit can be made provided the recommended Conditions of Approval are imposed per Section 9.210.010 of the Zoning Code as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2004-_, approving Site Development Permit 2004-800 to allow construction of a 12,000 square foot grocery store, subject to conditions. ATTACHMENTS 1. Project Location Map 2. Plans and Elevations 3. Draft minutes for the Committee Prepared by: Fr d Baker, AICP Principal Planner March 3,2004 Architecture and Landscape Review S P:\FRED\SDP 2004-800\PC staff rpt. SDP 2004-800.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A 12,000 SQUARE FOOT GROCERY STORE CASE NO.: SITE DEVELOPMENT PERMIT 2004-800 WASHINGTON 111, LTD WHEREAS, the Planning Commission of the City of La Quinta did on the 23rd day of March, 2004, hold a duly noticed public hearing to consider the request of Washington 1 1 1, LTD for approval of development plans for a 12,000 square foot grocery store located at the southeast corner of Washington Street and Simon Drive, more particularly described as: Parcel Map 30903, Parcel No. 3 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta did on the 3" day of March, 2004, hold a duly noticed public meeting to consider a request for review of development plans for Site Development Permit (SDP) 2004-800; and WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The City Council certified Environmental Assessment 2002-072 for Specific Plan 1987-01 1, Amendment No 4, Washington Park. No changed circumstances or conditions and no new information is proposed which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166. 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 the Site Development Permit: 1. The project is consistent with the General Plan in that the property proposed for the commercial project is designated as Regional Commercial. 2. This project has been designed to be consistent with the provisions of the Zoning Code, or amended as allowed in the applicable Specific Plan. 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. P:\FRED\SDP 2004-800\PC RESO SDP 2004-800.doc Planning Commission Resolution 2004- Washington 111, LTD Adopted: March 23, 2004 Page 2 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 approve 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 23rd day of March, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California �_I P:\FRED\SDP 2004-800\PC RESO SDP 2004-800.DOC PLANNING COMMISSION RESOLUTION 2004- SITE DEVELOPMENT PERMIT 2004-800 WASHINGTON PARK 111, LTD. — TRADER JOES ADOPTED: MARCH 23, 2004 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 Site Development Permit, 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 applicable 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:\FRED\SDP 2004-800\PC COA SDP 800.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 1 1 1, Ltd. — Trader Joes Adopted: March 23, 2004 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; the State Water Resources Control Board's Order No. 99-08-DWQ and the approved Storm Water Pollution Protection Plan prepared for Specific Plan 1987-011, Amendment No. 4 and Parcel Map No. 30903. 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 (Augmented Major Arterial, 132' ROW) — No additional right of way is required. 2) Simon Drive (Non -Conforming Local Street, 88' ROW) — No additional right of way is required. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. f 't P:\FRED\SDP 2004-800\PC COA SDP 800.doc 2 Planning Commission Resolution 2004- Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 10. 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. B. Simon Drive (Non -Conforming Local Street) - 10-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. 11. Direct vehicular access to Washington Street and Simon Drive are restricted, except for those access points identified on the Site Plan for Site Development Permit 2004-800, or as otherwise conditioned in these conditions of approval. 12. 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. 13. 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 Site Development Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 14. 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. P:\FRED\SDP 2004-800\PC COA SDP 800.doc 3 Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 15. 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/ Signing and Striping 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 sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Precise Grading Plan 1 " = 30' Horizontal C. Traffic Signal 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. All Off -Site Plan & Profile Street Plans and Signing & Striping 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. On -Site Precise Grading 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. 16. 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. 1 .1 P:\FRED\SDP 2004-800\PC COA SDP 800.doc 4 Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 1 1 1, Ltd. — Trader Joes Adopted: March 23, 2004 17. 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 18. 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 19. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 20. 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. 21. 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 PAFRED\SDP 2004-800\PC COA SDP 800.doc 5 Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 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. 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. 22. 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. 23. 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 0.5") in the first eighteen inches (18") behind the curb. 24. 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 Rough Grading Plan for Tract Map No. 30903, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. _r4 P:\FRED\SDP 2004-800\PC COA SDP 800.doc 6 Planning Commission Resolution 2004- Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 25. 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. DRAINAGF 26. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97-03, and the approved Hydrology Study and Storm Drainage System for Tract No. 30903. 27. 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. UTILITIES 28. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 29. 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. 30. 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. P:\FRED\SDP 2004-800\PC COA SDP 800.doc 7 Planning Commission Resolution 2004- Conditdons of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 31. 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. 32. The applicant shall construct the following street improvements: A. OFF -SITE STREETS 1) Washington Street (Augmented Major Arterial; 132' R/W): No additional widening on the east side of the street along all frontage adjacent to the Site Development Permit boundary, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at the Simon Drive intersection. The east curb face shall be located 57 feet (57') east of the centerline. The length of the deceleration/right turn lane shall be a minimum of 100 feet long plus a variable transition taper of 50 feet with the actual length and taper determined and designed by a licensed traffic engineer when street improvement plan are submitted and approved by the Public Works Department. Other required improvements in the Washington 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 P:\FRED\SDP 2004-800\PC COA SDP 800.doc 8 Planning Commission Resolution 2004- Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 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) A County of Riverside benchmark in the Washington Street right of way established by a licensed surveyor. d) The applicant is responsible for 25 % of the cost for design and installation of a traffic signal at the Washington Street and Simon Drive intersection if required of Tentative Tract No. 31348 on the west side of Washington Street and when warranted. The applicant shall enter upon an agreement with the developer of Tentative Tract No. 31348, Madison Development, LLC, for their prorated share obligation. 2) Simon Drive (Non -Conforming Local Street) No additional widening on the east side of the street along all frontage adjacent to the Site Development Permit boundary. Other required improvements in the Simon Drive right of 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) A raised median at the easterly access driveway as a positive barrier for left turn in and out restrictions imposed by these conditions of approval. The design of the median island shall be approved when street improvement plans are submitted to the Public Works Department. P:\FRED\SDP 2004-800\PC COA SDP 800.doc 9 Planning Commission Resolution 2004- Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 1 1 1, Ltd. — Trader Joes Adopted: March 23, 2004 33. 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: Parking Facilities Major Arterial 3.0" a.c./4.5" c.a.b. 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 34. 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. 35. General access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary Entry: Right turn in and out movements are permitted. Left turn in and out movements are prohibited. B. Simon Drive 1) Primary Entry (Westerly Access Driveway): Full movements are permitted. 2) Secondary Entry (Easterly Access Driveway): Right turn in and out movements are permitted. Left turn in and out movements are prohibited. 36. 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. P:\FRED\SDP 2004-800\PC COA SDP 800.doc 10 Planning Commission Resolution 2004- Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 1 1 1, Ltd. — Trader Joes Adopted: March 23, 2004 37. 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. PARKING LOTS and ACCESS POINTS 38. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. A. General access points and turning movements of traffic to off site public streets are limited to the access locations approved in these conditions of approval. 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. CONSTRUCTION 39. 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. P:\FRED\SDP 2004-800\PC COA SDP 800.doc 11 Planning Commission Resolution 2004- Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 LANDSCAPING 40. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 41. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 42. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 43. 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. 44. 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 45. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 46. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 47. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise xi P:\FRED\SDP 2004-800\PC COA SDP 800.doc 12 Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 111, Ltd. — Trader Joes Adopted: March 23, 2004 with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 48. 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. 49. 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 50. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 51. 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 52. 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. 53. 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). P:\FRED\SDP 2004-800\PC COA SDP 800.doc 13 Planning Commission Resolution 2004- Conditions of Approval — Recommended Site Development Permit 2004-800 Washington Park 1 1 1, Ltd. — Trader Joes Adopted: March 23, 2004 COMMUNITY DEVELOPMENT 54. The applicant shall provide a meandering sidewalk at the corner of Washington Street and Simon Drive. 55. Any man doors shall be screened from view of the Washington Street and Simon Drive to the satisfaction of the Community Development Director. Screen material may include but not limited to landscaping and screening walls. 56. Landscaping plans shall comply with the City's Water Efficient Landscaping Ordinance for this project. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timers, type of sprinklers, etc. Prior to the issuance of any building permits the landscape plans shall also be approved by the Coachella Valley Water District before final approval by the Community Development Department. FIRE DEPARTMENT 57. Fire Department plan check is to run concurrent with the City plan check. Specific fire protection measures will be determined at the time of plan check. SHERIFF DEPARTMENT 58. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. P:\FRED\SDP 2004-800\PC COA SDP 800.doc 14 ATTACHMENT PROJECT LOCATION MAP DRAFT ATTACHMENT 3 Architecture and Landscaping Review Committee March 3, 2004 recommending approval of Village Use Permit 2404-022, as recommended by staff and amended: a. Condition added: The courtyard 4rea, in the rear of the first unit, shall have a decorate wrought iron fence with gates around it and be reflected on the plans. b. The courtyard area shall be incorporated into the use of the first unit or become a common area. C. Condition added: The south elevation shall have architectural enhancement for the first two westerly units on the south elevation. d. The hardscape plan for the south elevation shall be revised to ve better circulation. e. Canopy-t pe shade trees shall be incorporated in the courty,;�(d. UnanimoLAly approved. -- B. Site Development Permit 2003-800; a request of Washington 1 1 1, L.T.D. for consideration of architectural and conceptual landscaping plans for a 12,000 square foot grocery store located at the southeast corner of Washington Street and Simon Drive within Washington Square Commercial Center. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Michel Kareti, architect for the project who gave a presentation. 2. Committee Member Thoms asked if this corner could have a hardscape space to allow people to cut across the corner. The corner needs to be enhanced with access space. Mr. Kareti stated this was workable. He noted they will have landscape features in this area. 3. Committee Member Cunningham stated there is a lot of sidewalk adjacent to the curb. Washington Street has a large volume of traffic and there is more and more development happening at this intersection. It is creating a lot of people movement. If this area were opened up to pedestrian traffic it would move people around more. Staff suggested the sidewalk be lined up with the sidewalk across the street. G:\WPDOCS\ALRC\3-3-04 WD.doc 3 Architecture and Landscaping Review Committee March 3, 2004 4. Committee Member Cunningham complimented the applicant on the massing and colors used. He would suggest that the parapets and massing be treated correctly to not look "thin". 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-010 recommending approval of Site Development Permit 2003-800, as recommended by staff and amended: Condition added: A meandering sidewalk shall be added to create a pedestrian access across the corner. Unanimously approved. VI �,, CORRESPONDENCE AND WRITTEN MATERIAL: VII. `,COMMITTEE MEMBER ITEMS: VIII. ADJOURNMENT: There beind,, no further business, it was moved and seconded by Committee Members Cunningham/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on April 7, 2004. This meeting was adjourned at 10:42 a.m. on March 3 2004. Respectfully submitted, BETTY J. SAWYER Executive Secretary \ G:\WPDOCS\ALRC\3-3-04 WD.doc 4 STAFF REPORT PLANNING COMMISSION DATE: MARCH 23, 2004 CASE NOS.: VILLAGE USE PERMIT 2004-022 REQUEST: DEVELOPMENT PLANS FOR A 3,678 SQUARE FOOT COMMERCIAL OFFICE BUILDING LOCATION: NORTH OF CALLE TAMPICO, EAST OF AVENIDA BERMUDAS APPLICANT/ PROPERTY OWNER: SANTA ROSA PLAZA L.L.C. REPRESENTATIVE: DANIEL BROWN ZONING: VILLAGE COMMERCIAL (VC) GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL (VC) ENVIRONMENTAL CONSIDERATIONS: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 2000-406 FOR SPECIFIC PLAN 2000-050, SANTA ROSA PLAZA SPECIFIC PLAN. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. SURROUNDING ZONING/LAND USE: NORTH: VILLAGE COMMERCIAL (VC) SOUTH: VILLAGE COMMERCIAL (VC) EAST: VILLAGE COMMERCIAL (VC) WEST: VILLAGE COMMERCIAL (VC) P:\FRED\VUP 2004-022\PCSTAFF RPT VUP 2004-022.DOC BACKGROUND AND OVERVIEW: Property Description The project site is located north of Calle Tampico, east of Avenida Bermudas (Attachment 1). The project site will be developed under the standards and guidelines of the Santa Rosa Plaza Specific Plan (SP 2001-050) adopted by City Council on February 6, 2001. The design guidelines portion of the Plan provides specific design criteria which include architectural guidelines utilizing a contemporary interpretation of Spanish Mission style architecture; and landscape guidelines that complement and accent the project with perimeter landscaping. Application Under Consideration Site Plan The request is for approval of a Village Use Permit to construct a 3,678 square foot commercial office building (Attachment 2). The site has frontage on Avenida Bermudas with access to the Santa Rosa Plaza hotel and casitas site. The building faces north with the back of the building adjacent to the back of existing commercial uses. Architectural Design The proposed structure is basically rectangular in shape with heights ranging from 17 to 24 feet five inches with tiled hip roof towers and tiled shed roofs. Tower elements will be highlighted with a stone the veneer at the base. The proposed north facing front elevation provides four entry doors with arched insets and decorative light fixtures. The proposed rear elevation is provided with four man doors and four column pop outs. Wall material consists of exterior cement plaster with a light sand finish in a four shades of brown with a decorative cornice trim that wraps around each elevation. Proposed windows will be sectional pane glass with anodized aluminum frames. Landscape Plan The Landscaping Plan identifies a palette of plant material consisting of shrubs, groundcover, and trees for the on -site parking planters and the building planters. Plant material along the perimeter of the site in planter areas are proposed to have Purple Orchid, Red Gum Eucalyptus, Mondel Pine, Evergreen Elm and Queen Palm trees. The landscape plan is consistent with the Santa Rosa Plaza Specific Plan and complements and enhances the project P:\FRED\VUP 2004-022\PCSTAFF RPT VUP 2004-022.DOC ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed this request at its meeting of March 3, 2004 (Attachment 3). The Committee unanimously adopted Minute Motion 2004-009 recommending approval of the project subject to the following conditions: 1. The Landscape Plan shall include a decorative wrought iron fence with appropriate gates around the courtyard area, which is located to the southwest of the proposed building. 2. The Landscape Plan shall incorporate the courtyard area into the use of the first tenant space or it shall become a common area for all tenants. 3. The Architectural Plans for the south elevation shall provide architectural design enhancement for the first two tenant spaces on the west side of the building. 4. The Landscape Plan shall provide an enhanced hardscape/circulation plan on the south portion of the site. COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES: The applicant's request was sent to City departments and affected public agencies on February 27, 2004, requesting comments be returned by March16, 2004. All applicable comments are incorporated in the Conditions of Approval. PUBLIC NOTICE: This case was advertised in the Desert Sun newspaper and posted on March 13, 2004. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. STATEMENT OF MANDATORY FINDINGS: The findings necessary to approve the Village Use Permit can be made provided the recommended conditions of approval are imposed per Section 9.210.010 of the Zoning Code as noted in the attached Resolution. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2004-_, approving development plans for a 3, 678 square foot commercial office building, subject to conditions. P:\FRED\VUP 2004-022\PCSTAFF RPT VUP 2004-022.DOC ATTACHMENTS 1. Project Location Exhibit 2. Site Plan and Elevations 3. Draft Minutes of the ALRC meeting of March 3, 2004 Prepared by: fi1� 4 Fred Baker, AICP Principal Planner P:\FRED\VUP 2004-022\PC STAFF RPT VUP 2004-022.DOC PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING DEVELOPMENT PLANS FOR A 3,678 SQUARE FOOT COMMERCIAL OFFICE BUILDING CASE NO.: VILLAGE USE PERMIT 2004-022 APPLICANT: SANTA ROSA L.L.C. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 13th day of March, 2004 hold a duly noticed Public Hearing, to review building elevations, site and landscape plans for a 3,678 square feet commercial office building, generally located north of Calle Tampico and east of Avenida Bermudas, more particularly described as: PARCEL MAP 29909, PARCEL NO. 3; and WHEREAS, the Architectural and Landscaping Review Committee (ALRC) of the City of La Quinta, California did on the 3'd day of March, 2004 hold a public meeting to review building elevations, site and landscape plans for a 3,678 square foot commercial office building and unanimously recommended approval with conditions. WHEREAS, said Village Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The City Council certified Environmental Assessment 2000-406 for Specific Plan 2000-050, Santa Rosa Plaza. No changed circumstances, or conditions, and no new information is proposed which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166. 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 to justify approval of said Village Use Permit 2004-040. 1. The proposed commercial building is consistent with the City's General Plan in that the property is designated Village Commercial (VC). The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. Planning Commission Resolution 2004- Village Use Permit 2004-022 Adopted: March 23, 2004 2. The proposed project is consistent with the goals and objectives of the Santa Rosa Plaza Specific Plan in that the project is a permitted use and complies with the development standards and design guidelines. 3. The proposed commercial office building is consistent with the City's Zoning Code in that the development standards and criteria contained in the Santa Rosa Plaza Specific Plan supplement, replace, or are consistent with those in the City's Zoning Code. 4. The site design of the proposed project is compatible with the commercial development in the area, and accommodates site generated traffic at area intersections. 5 The architecture landscape design of the proposed project, as conditioned by the ALRC, complements the building and the surrounding commercial area in that it enhances the aesthetic and visual quality of the area and uses a high quality of materials. 6. The architectural design of the project is compatible with surrounding commercial buildings and development in the general vicinity in that it is similar in scale. The building materials provided are a durable, aesthetically pleasing, low maintenance, with a blend of surfaces and textures. 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 Commission in this case; 2. That it does approve Village Use Permit 2004-022 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 23`d day of March, 2004, by the following vote, to wit: AYES: NOES: P:\FRED\VUP 2004-022\PC RESO.VUP 2004-022.DOC Planning Commission Resolution 2004- Village Use Permit 2004-022 Adopted: March 23, 2004 ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California P:\FRED\VUP 2004-022\PC RESO.VUP 2004-022.DOC l_ PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the State Water Resources Control Board's Order No. 99-08-DWQ and the approved SWPPP for Parcel Map 29909 if in effect when project construction commences. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acres or more of land, or that disturbs less than P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 one (1) acres of land, but which is a part of a construction project that encompasses more than one (1) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 4. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services, and for the maintenance, construction and reconstruction of essential improvements. P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 5. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas shown on the Site Development Permit. 6. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 7. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 8. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 9. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets including ADA accessibility route to surrounding buildings, parking facilities and public streets.' 10. The City maintains standard plans; details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 11. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. -Ie 12. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a precise grading permit approved by the City Engineer. 13. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC, and D. Approved Best Management Plan that includes storm water pollution prevention and erosion control plans prepared by a qualified engineer. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 14. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 15. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. r)RAINA[;F 16. Stormwater handling shall conform with the approved hydrology and drainage plan for Tract Map No. 29909. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. UTILITIES 17. 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. P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 18. 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. QUALITY ASSURANCE 19. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 20. The applicant shall employ, or retain, qualified engineers, surveyors, and such of other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 21. 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. 22. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. FEES AND DEPOSITS 23. Permits issued under this approval shall be subject to the provisions of the Development P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 FIRE MARSHALL 24. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. SHERIFF DEPARTMENT 25. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff Department should be directed to the Deputy at (760) 863-8950. MISCELLANEOUS 26. Prior to issuance of a grading permit, a revised Landscape Plan shall be submitted to the Community Development Department for approval which shall include the following items: A. The Landscape Plan shall provide a decorative wrought iron fence with appropriate gates around the courtyard area, which is located to the southwest of the proposed building in addition it shall provide a block wall around the east and south perimeter of the property. B. The Landscape Plan shall provide that the courtyard area shall be incorporated into the use of the first tenant space, or it shall become a common area for all tenants. C. The Landscape Plan shall provide an enhanced hardscape/circulation plan on the south portion of the site. 27. The Architectural Plans for the south elevation shall provide architectural design enhancement for the first two tenant spaces on the west side of the building. 28. Landscaping plans for the units shall comply with the City's Water Efficient Landscaping Ordinance for this project and as approved by the Planning ) P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc PLANNING COMMISSION RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-022 - SANTA ROSA PLAZA ADOPTED: MARCH 23, 2004 Commission. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timer, type of sprinkler, etc. Prior to the issuance of any building permits the landscape plans shall also be approved by the Coachella Valley Water District before final approval by the Community Development Department. 29. 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 Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. P:\FRED\VUP 2004-022\PC COA VUP 2004-022.doc ATTACHMENT # PROJECT LOCATION CALLE TAMPICO N PROJECT LOCATION MAP ATTACHMENT #3 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 3, 2004 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:03 a.m. by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and David Thoms. C. Staff present: Planning Manager Oscar Orci, Principal Planner Fred Baker, and Executive Secretafy Betty Sawyer. II. PUBLIC COMMENT: None. r' III. CONFIRMATION OF THE A18ENDA: IV. CONSENT CALENDAR:;, A. Staff asked i !there were any changes to the Minutes of February 4, 2003. The being no changes, it was moved and seconded by Committe Members Cunningham/Bobbitt to approve the Minutes as submitt96. V. BUSINESS 1fEMS: A. Village Use Permit 2004-022; a request of Santa Rosa Plaza L.L.C., for consideration of architectural and conceptual landscaping plans for a 12,000 square foot commercial retail building located at the northwest corner of Calle Tampico and Avenida Bermudas within Santa Rosa Plaza. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Jim Janosik, engineer for the project, who gave a presentation. G:\WPDOCS\ALRC\3-3-04 WD.doc Architecture and Landscaping Review Committee March 3, 2004 2. Committee Member Thoms asked what was happening in the courtyard area behind the first unit in the building. Mr. Janosik stated it is courtyard. Discussion followed regarding potential treatment of the area. 3. Committee Member Thoms stated he had a concern about the south elevation. The elevation appears to be plain in relation to the north elevation. Mr. Janosik stated there will be a six foot wall so only the top third of the building would be seen. 4. Committee Member Cunningham stated it is the "back of the house" and not much architectural treatment is given to this area. His concern is that the courtyard has no reason for anyone to go there. It is not a usable space and could create an undesirable element. It isn't integrated into the project. He would suggest leaving it landscaped but put a wrought iron fence screen the area. 5. Committee Member Thoms asked if the area would be accessible by a sidewalk. Mr. Janosik reviewed the circulation with the Committee. 6. Committee Member Cunningham asked that the south elevation have some architectural treatment added. 7. Committee Member Thoms asked that the corner contours in the retention basin be softened. Mr. Janosik stated the retention basin is already built and is shaped. 8. Committee Member Bobbitt asked if they were sure they wanted deciduous trees at the entrance. They will be void of foliage during the season. They look their best in the summer time and will be a high maintenance issue. Mr. Janosik stated they have relayed this to the owner and they are trying to eliminate the elms. 9. Committee Member Cunningham asked that the westerly unit be encouraged to incorporate the courtyard into the use of the unit or become some type of common area. 10. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2004-009 G:\WPDOCS\ALRC\3-3-04 WD.doc 2 Architecture and Landscaping Review Committee March 3, 2004 recommending approval of Village Use Permit 2004-022, as recommended by staff and amended: a. Condition added: The courtyard area, in the rear of the first unit, shall have a decorate wrought iron fence with gates around it and be reflected on the plans. b. The courtyard area shall be incorporated into the use of the first unit or become a common area. C. Condition added: The south elevation shall have architectural enhancement for the first two westerly units on the south elevation. d. The hardscape plan for the south elevation shall be revised to have better circulation. e. Canopy -type shade trees shall be incorporated in the courtyard. Unanimously approved. B. Site Development Permit 2003-800; a request of Washington 1 1 1, L.T.D. for consideration of architectural and conceptual landscaping plans for a 12,000 square foot grocery store located at the southeast corner of "Washington Street and Simon Drive within Washington Square Comrn,ercial Center. 1. Principal PNgner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development bepartment. Staff introduced Michel Kareti, architect for the project who gave a presentation. 2. Committee Member Thoms asked if this corner could have a hardscape space to allow Nople to cut across the corner. The corner needs to be enhanced with access space. Mr. Kareti stated this was workable. He `noted they will have landscape features in this area. 3. Committee Member Cunningham sta d there is a lot of sidewalk adjacent to the curb. Washington Street has a large volume of traffic and there is more and 'more development happening at this intersection. It is creating lot of people movement. If this area were opened up to pedest4an traffic it would move people around more. Staff suggested the"sidewalk be lined up with the sidewalk across the street. G:\WPDOCS\ALRC\3-3-04 WD.doc 3 PH #G PLANNING COMMISSION STAFF REPORT DATE: MARCH 23, 2004 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-498, GENERAL PLAN AMENDMENT 2004-098, ZONE CHANGE 2004-1 18, AND TENTATIVE TRACT MAP 32119 APPLICANT: MAYER VILLA CAPRI AND TRANS WEST HOUSING (FOR TENTATIVE TRACT MAP) ENGINEER: NAI CONSULTING (FOR TENTATIVE TRACT) LOCATION: NORTHEAST OF THE INTERSECTION OF WASHINGTON STREET AND FRED WARING DRIVE REQUEST: 1. CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2. GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL (CC) TO NEIGHBORHOOD COMMERCIAL (NC) AND LOW DENSITY RESIDENTIAL (LDR); 3. ZONE CHANGE FROM COMMUNITY COMMERCIAL (CC) TO NEIGHBORHOOD (CR) AND TO LOW DENSITY RESIDENTIAL (RL); AND, 4. TENTATIVE TRACT MAP TO CREATE 48 SINGLE- FAMILY LOTS ON 15t ACRES. ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 2004-498 WAS PREPARED FOR GENERAL PLAN AMENDMENT 2004-098, ZONE CHANGE 2004-1 18, AND TENTATIVE TRACT MAP 29053 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE COMMUNITY DEVELOPMENT DIRECTOR HAS RECOMMENDED THAT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. CURRENT ZONING: COMMUNITY COMMERCIAL (CC) CURRENT P:\stan\mayer villa Capri\gpa zc tt pc rpt.doc GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) SURROUNDING ZONING AND LAND USES: NORTH: SOUTH: EAST: WEST: BACKGROUND CO / VACANT LAND AND FUTURE PUBLIC MIDDLE SCHOOL RL / COUNTRY CLUB DEVELOPMENT RL / SINGLE FAMILY RESIDENTIAL COMMERCIAL DEVELOPMENT IN THE CITY OF PALM DESERT General The property fronts on Fred Waring Drive immediately east of Washington Street in north La Quinta (Attachment 1). The vacant property consists of sand dunes and desert shrubs. A curb and sidewalk are installed along Washington Street. The property was created in 1992 under Parcel Map 27131, which also created three other parcels and Palm Royale Drive, a street that will meander between Fred Waring Drive and Washington Street. Most of the land to the north will be used for a future public school. Palm Royale Drive has been installed to Rome Drive, a street leading to the adjacent tract to the east. The subject property was recently divided into a 10t and 15t parcel by Parcel Map 31876. The larger parcel on the east portion of the property is proposed for 48 single-family lots by Tentative Tract 32119. No development is proposed on the westerly 10 acre parcel. A previous application for an apartment complex near this project site was denied by the City Council Project Request Proposed is a request to change the General Plan land use designation and zoning from Community Commercial (CC) to Neighborhood Commercial (CN) and the 15 acres from CC to Low Density Residential (RL) (see attached Resolution exhibits). The Tentative Tract Map will create 48 single-family lots on the 15 gross acre site (Attachment 2). The Tentative Tract proposes 48 single-family lots varying from 7,667 to 17,740 square feet with an average of 9,152 square feet, at a density of 3.32 dwelling units per acre. The majority of lots are 80 feet wide and a minimum of 105 feet deep. The tract has street access from Palm Royale Drive and will align with the existing Rome Drive to the east. The tract is laid out with a rectangular perimeter and two cul-de- sacs in the center. Streets are to be private and gated at the entry. A three acre irregularly shaped retention basin lot is shown at the northeast corner of the site. Other miscellaneous lots will be created for the private streets, and common area landscaping, including a 20 foot deep landscaping lot adjacent to Fred Waring Drive. PAstan\mayer villa Capri\gpa zc tt pc rpt.doc Public Notice This request was advertised in the Desert Sun Newspaper on March 13, 2004, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review The request was sent out for comment with any pertinent comments received incorporated into the Conditions of Approval. STATEMENT OF MANDATORY FINDINGS Findings necessary to recommend approval of the General Plan Amendment and Zone Change per Zoning Code Section 9.30.020 6, and 9.220.010, respectively can be made and are contained in the attached resolutions. The findings that the proposed tract map and its design and proposed improvements are consistent with the General Plan can be made with the approval of General Plan Amendment 2004-498 and Zone Change 2004-1 18. These applications will change the property from Community Commercial to Low Density Residential. Development of the land with residences will require compliance with applicable residential development standards regarding setbacks, height restrictions, density, grading, access, streets, etc. RECOMMENDATION 1. Adopt Planning Commission Resolution 2004- , recommending to the City Council, certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-498. 2. Adopt Planning Commission Resolution 2004- , recommending to the City Council, approval of General Plan Amendment 2004-098. 3. Adopt Planning Commission Resolution 2004- , recommending to the City Council, approval of Zone Change 2004-1 18. 4. Adopt Planning Commission Resolution 2004- , recommending to the City Council, approval of Tentative Tract 32119, subject to conditions. pAstan\mayer villa Capri\gpa zc tt pc rpt.doc Attachments 1. Location Map 2. Tentative Tract Map 29053 (large maps for Planning Commission only) Prepared by: Stan B. Sawa, Principal Planner p:\stan\mayer villa Capri\gpa zc tt pc rpt.doc PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-498 PREPARED FOR GENERAL PLAN AMENDMENT 2004-098, ZONE CHANGE 2004-018, AND TENTATIVE TRACT MAP 32119 ENVIRONMENTAL ASSESSMENT 2004-498 APPLICANT: MAYER VILLA CAPRI WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23RD day of March, 2004 hold a duly noticed Public Hearing to consider Environmental Assessment 2004-498 prepared for General Plan Amendment 2004- 098, Zone Change 2004-018, and Tentative Tract 32119, generally located at the northeast corner of Washington Street and Fred Waring Drive, more particularly described as follows: Parcels 1 and 2, Parcel Map 31876 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2004-498) and has determined that although the proposed General Plan Amendment, Zone Change, and Tentative Tract Map could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the Assessment and included in the mitigation measures, and a Mitigated Negative Declaration of environmental impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending certification of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-498. 1 Planning Commission Resolution 2004- Environmental Assessment 2004-498 Mayer Villa Capri Adopted: March 23, 2004 2. The proposed General Plan Amendment, Zone Change, and Tentative Tract 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. 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. 4. The proposed General Plan Amendment, Zone Change, and Tentative Tract do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed General Plan Amendment, Zone Change, and Tentative Tract will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed General Plan Amendment, Zone Change, and Tentative Tract will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2004-498 and said reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. Planning Commission Resolution 2004- Environmental Assessment 2004-498 Mayer Villa Capri Adopted: March 23, 2004 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 2004-498 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist on file in the Community Development Department. 3. That Environmental Assessment 2001-498 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23RD day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California EA 2004-498 Environmental Checklist Form Project title: General Plan Amendment 2004-098, Zone Change 2004-118, Tentative Tract Map 32119 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: Northeast corner of Fred Waring Drive and Washington Street APN: 609- 070-034 5. Project sponsor's name and address: Trans -West Housing, Inc. Mayer Villa Capri 9968 Hibert St., Suite 102 660 Newport Center Drive San Diego, CA 92131 Newport Beach, CA 92660 6. General plan designation: Existing: Community Commercial Proposed: Western 10 acres — Neighborhood Commercial; Eastern 15.1 acres, Low Density Residential N. U 7. Zoning:: Existing: Community Commercial Proposed: Western 10 acres — Neighborhood Commercial; Eastern 15.1 acres, Low Density Residential 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 and Zone Change: The parcel in question is 25 acres in size. The General Plan and Zoning designations on the entire 25 acres is Community Commercial. The proposed amendments would change the western 10 acres to Neighborhood Commercial, and the eastern 15.1 acres to Low Density Residential. No additional applications are pending at this time for the westerly 10 acres. Tentative Tract Map 32119 is proposed for the eastern 15.1 acres, to subdivide the parcel into 48 single family residential lots, with lettered lots for streets. The minimum lot size is proposed to be 7,866 square feet, with an average lot size of 9,151 square feet. Interior streets are to be private. Access to the homes will be taken from Palm Royale Drive. No access is proposed on Fred Waring Drive. The resulting density will be 3.2 units per acre. On site retention is proposed through three retention basins. Surrounding land uses and setting: Briefly describe the project's surroundings: A:\EA Chklst.doc -1- North: Vacant, Future school, (Office and High Density Residential) South: Fred Waring Drive, existing single family development, (Medium Density Residential and Open Space) West: Washington Street, office development and existing residential development in City of Palm Desert East: Palm Royale Drive, with beyond single family development (Low Density Residential 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District A:\EA Chklst.doc -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. Signature March 12, 2004 Date A:\EA Chklst.doc -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 project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. A:\EA Chklst.doc -4- _. i 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (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)-d) Both Washington Street and Fred Waring Drive are identified as Primary Image Corridors in the General Plan. In addition, the intersection is considered a Primary Gateway Treatment in the General Plan. These designations require that additional landscaping and aesthetic improvements be made to the streetscape, and that substantial landscaping be provided at the corner of the Neighborhood Commercial parcel. These requirements will be implemented through the site development permit process for each of the two parcels as they develop. The eastern 15 acres, on which the tract map is proposed, includes a landscape parkway and wall treatment which will be required to meet the requirements for a Primary Image Corridor. The ultimate construction of homes on the site will result in single and/or two story residences of limited height. The City restricts building heights in residential areas. The AREA Chklst.doc -5- y site is not adjacent or near any significant physical features or mountain ranges. No impacts to aesthetics are expected to occur as a result of the proposed project. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from parking lot (commercial areas) car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. A:\EA Chklst.doc -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide X 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.) X b) Conflict with existing zoning for 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? (General Plan Land Use Map) H. a)-c) The proposed project site is currently vacant desert land which has been significantly impacted by off -road vehicle use and dumping. The parcel is not, nor has it been, in agriculture. No Williamson Act contracts occur on the property. The site is not in an area of agriculture, and the nearest agricultural lands are several miles to the south and east. Development of the site will have no impact on agricultural resources. A:\EA Chklst.doc -7- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The General Plan Amendment and Zone Change will not, in and of themselves, have an impact on air quality. Buildout of the eastern 15.1 acres for residential land uses, rather than community commercial land uses, however, will likely reduce the air quality impacts as estimated in the General Plan EIR, since the generation of vehicle trips will be considerably reduced (see Section XV., Traffic, below). Since the City's primary source of pollution is the automobile, the General Plan Amendment and Zone Change are expected to result in fewer pollutant emissions than previously expected. The Tentative Tract Map will ultimately result in the construction of 48 single family homes, which could generate up to 456 trips per day'. The General Plan Amendment has the potential to allow up to 152,500 square feet of neighborhood commercial retail space. This space could generate up to 6,545 average daily trips2. In total, therefore, the project 1 "Trip Generation, 6`b Edition," Institute of Transportation Engineers, Single Family Detached category 210. 2 "Trip Generation, 6`b Edition," Institute of Transportation Engineers, Shopping Center category 820. y � AREA Chklst.doc -8- area could generate up to 7,001 average trips per day. Based on this traffic generation, and an average trip length of 6 miles, the following emissions can be expected to be generated from the project site. Moving Exhaust Emission Projections at Project Buildout ounds Der da Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 7,001 x 6 = 42,006 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 3,780.54 98,294.04 20,162.88 420.06 420.06 Pounds at 50 mph 8.35 216.98 44.51 - 0.93 0.93 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 7,001 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. Further, the impacts associated with the General Plan Amendment to low density residential are likely to result in lower impacts than those which could have been expected of a community commercial designation, since 25 acres of community commercial space could generate 381,150 square feet of space, and 15,360 average daily trips, or more than twice those of the proposed project3. The project's potential impacts to air quality 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 during project operations. These include the following, to be included in conditions of approval for the proposed project: 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 "Traffic Impact Study," prepared by Hartzog & Crabill, Inc., June 20, 2002. 1 A:\EA Chkist.doc -9- The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 662.64 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 addition, the potential impacts associated with PM10 can be mitigated by the measures below. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 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. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project 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. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Fred Waring and Palm Royale shall be installed with the first phase of development on the site, as shall the project's perimeter wall. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. 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 PM10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level. A:\EA Chklst.doc -10- III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. _A j AREA Chklst.doc -11- 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? (General Plan MEA, p. 73 ff.) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 73 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 73 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 73 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, AREA Chklst.doc -12- Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-f) The proposed project site occurs at the intersection of two major roadways in the City. It is not designated as potential habitat for any species of concern in the General Plan, except for Coachella Valley Fringed -toed Lizard (see below). The site has been significantly impacted by off -road access, illegal dumping and roadway and surrounding construction, and is therefore isolated and degraded habitat. No biological impacts are expected as a result of the proposed project. The proposed project site is located within the mitigation fee area for the Coachella Valley Fringe -toed Lizard. Any portion of the proposed project which is developed shall be required to pay the mitigation fee in place at the time development occurs. This mitigation measure shall reduce impacts to a less than significant level. AREA Chklst.doc -13- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the roject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? (Phase I Cultural Resources Assessment, Archaeological Advisory Group, March, 2002. Phase II Historical Study, Archaeological Advisory Group, June, 2002.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? (Phase I Cultural Resources Assessment, Archaeological Advisory Group, March, 2002. Phase II Historical Study, Archaeological Advisory Group, June, 2002.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (MEA Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? (Phase I Cultural Resources Assessment, Archaeological Advisory Group, March, 2002. Phase II Historical Study, Archaeological Advisory Group, June, 2002.) V. a)-d) Phase I and 11 cultural resource surveys were completed for the project site, as well as surrounding lands4.The Phase I investigation recommended the completion of a Phase 11 study, based on the potential historic resources identified on the site. The Phase 11 study made recommendations for mitigation measures which were confirmed by the Historic Preservation Commission, as follows: An archaeologist shall be present on site during all grubbing and earth moving activities. The archaeologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The archaeologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. "Phase I Cultural Resources Assessment...," prepared by Archaeological Advisory Group, March, 2002. "Phase II Historical Study...," prepared by Archaeological Advisory Group, June, 2002. o-_ A:\EA Chklst.doc -14- 2. Commemorative plaques honoring Iona Mackenzie and Raymond Darby shall be placed within the proposed project. 3. The main drive through the project shall be renamed from Palm Royale Drive to Mackenzie Drive. The proposed project site is outside the historic lake bed of Lake Cahuilla, and no paleontological resources are expected to occur on the site. With the implementation of the mitigation measures listed above, impacts to cultural resources shall be reduced to a less than significant level. 4- A:\EA Chklst.doc -15- T 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? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) 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 (MEA Exhibit 6.1) 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)-e) The project site lies in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical AREA Chklst.doc -16- analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. The project site is located in an area of very severer blow sand potential. The mitigation measures included above under air quality are designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. The site is not subject to liquefaction or landslides, nor does it have expansive soils. A:\EA Chkist.doc -17- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VH. 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 AREA Chklst.doc -18- evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VH. a)-h) The construction of residential and commercial uses on the proposed project site will not result in significant impacts associated with hazardous materials. Any commercial enterprise which might locate within the commercial portion of the project would be required to comply with County, state and federal standards for the storage and transport of such materials. The City implements the standards of the Household Hazardous Waste programs through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. The site is not in an area subject to wildland fires. A:\EA Chklst.doc -19- n Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- 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? (General Plan EIR p. III-87 ff.) 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? (General Plan EIR p. III-87 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-87 ff.) f) Place housing within a 100-year flood X A:\EA Chklst.doc -20- r. e hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-87 ff. ) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The eventual development of the site will result in the need for domestic water service for residential units, commercial uses and landscaping. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will also 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. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. No project is currently proposed for the commercial portion of this application. When a project is proposed, it will be required to demonstrate compliance with these standards. The residential tract map includes the provision of three retention basins, which will also be required to accommodate the 100 year storm. The City Engineer will review and approve the drainage analysis for the site, prior to the issuance of any permits. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. AREA Chklst.doc -21- 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 proposed General Plan Amendment and Zone Change will result in the potential for a neighborhood shopping center and low density residential development. The loss of 25 acres of community commercial at this location is not significant, since the commercial uses most appropriate in this area appear to be neighborhood uses, serving the primarily residential land uses to the south and east. The addition of residential land in the City will increase the inventory available, and provide an additional option for those seeking housing in the City. The proposed Tract Map conforms to the General Plan and Zoning standards in the Low Density designation and zoning district. The development of housing on this property represents a continuation of the urbanizing pattern experienced in this area of the City. The site is within the boundaries of the Coachella Valley Fringe - toed Lizard Habitat Conservation Plan fee area, and will be required to pay fees at the time construction occurs. A:\EA Chklst.doc -22- 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. AREA Chklst.doc -23- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards Of Other agencies? (General Plan EIR p. III- 144 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III- 144 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project includes sensitive receptors in the form of single family residential units on Fred Waring Drive which will be subject to high noise levels due to traffic, and will need to be studied as development occurs. In order to mitigate the potential impacts, the following mitigation measure shall be implemented: AREA Chklst.doc -24- a 1. Project specific noise analysis shall be completed for all residential units within 300 feet of or Fred Waring, prior to the issuance of grading permits. The analysis will include recommendations to assure that the City's interior and exterior noise standards will be met for lots along the tract boundary. The construction of either the commercial or residential projects will generate noise from construction equipment and activities. Existing homes occur to the east of the site. Homes are considered sensitive receptors to noise, and the construction at the site could have a negative impact. In order to reduce these potential impacts, the following mitigation measures shall be implemented: 1. All internal combustion equipment operating within 500 feet of any occupied residential unit 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 northwestern portion of the site. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. The site is not located in the vicinity of an air strip or airport. The implementation of the above -listed mitigation measures will assure that impacts associated with noise are reduced to less than significant levels. A:\EA Chklst.doc -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 General Plan Amendment, Zone Change and Tract Map are proposed for currently vacant desert lands, and will not displace an existing community. The change from community commercial to neighborhood commercial is not a significant departure from the General Plan, and supports General Plan policies relating to reviewing the land use pattern in the City to ensure that the City is responsive to changes as they occur. The development of the single family home project will be consistent with General Plan and Zoning standards and will add to the options available to those seeking housing in the community. AREA Chklst.doc -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.) XIH. 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 sales and property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits. A:\EA Chklst.doc -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) The construction of 48 residential units within the project will be supported by the payment of the City's parkland fee, to mitigate any additional impact to City parks. A:\EA Chklst.doc -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)? ("Traffic Impact Study," Hartzog & Crabill, Inc., June 20, 2002.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("Traffic Impact Study," Hartzog & Crabill, Inc., June 20, 2002.) 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)? (Tentative Tract Map 32119) e) Result in inadequate emergency X access? (Tentative Tract Map 32119) f) Result in inadequate parking capacity? X (Tentative Tract Map 32119) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) AREA Chkist.doc -29- XV. a)-g) A traffic impact analysis was prepared for this property as well as surrounding properties in 20025. The analysis found that the potential impacts associated with traffic from the proposed site would be slightly lower than those analyzed in the General Plan. Since preparation of the traffic study, the scope of the project, particularly for the properties being considered under these applications, has been reduced. The Tentative Tract Map will ultimately result in the construction of 48 single family homes, which could generate up to 456 trips per day6. The General Plan Amendment has the potential to allow up to 152,500 square feet of neighborhood commercial retail space. This space could generate up to 6,545 average daily trips. In total, therefore, the project area could generate up to 7,001 average trips per day. The impacts associated with the General Plan Amendment to low density residential are likely to result in lower impacts than those which could have been expected of a community commercial designation, since 25 acres of community commercial space could generate 381,150 square feet of space, and 15,360 average daily trips, or more than twice those of the proposed project$. The study found that mitigation measures will be required, however, to assure that project and surrounding roadways operate within an acceptable level of service: 1. When Darby Road is aligned with Tucson, a traffic signal should be installed, as well as a right -turn pocket on northbound Washington onto Darby Road 2. When the area of the tract map reaches buildout, or when traffic warrants are met, whichever occurs first, a traffic signal shall be installed at Fred Waring Drive and Palm Royale Drive. With the implementation of these mitigation measures, impacts associated with traffic and circulation will be reduced to less than significant levels. 5 "Traffic Impact Study," prepared by Hartzog & Crabill, Inc., June 20, 2002. 6 "Trip Generation, Ob Edition," Institute of Transportation Engineers, Single Family Detached category 210. 7 "Trip Generation, Oh Edition," Institute of Transportation Engineers, Shopping Center category 820. 8 "Traffic Impact Study," prepared by Hartzog & Crabill, Inc., June 20, 2002. AREA Chklst.doc -30- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider 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.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) s A:\EA Chklst.doc -31- XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. A:\EA Chklst.doc -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 site has been identified as having the potential for cultural resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. XVII. b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents, and by providing an opportunity for amendment when land use patterns show a change in the community's needs. The General Plan Amendment and Zone Change are reflective of policies. AREA Chklst.doc -33- XVII. c) The construction of 48 residential units and 152,500 square feet of neighborhood commercial space is less than could potentially occur on this site, will not have considerable cumulative impacts and is consistent with the General Plan. 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, and the site will generate PM10, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been mitigated above to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. A:\EA Chklst.doc -34- O+�za � 0 x 0 0 x 3 3 O b M N OO � � O � a 0 o � a OU� F � N � ¢aaa ¢ N o 06 0 06 aN 003 ., o � C�UcNn�E� oz z� z x� F�1 A U Wd E• A a U UU Ca y c� N N U U ¢b� W �? :? to bb � � o 0 0 0 0 o 0 z u U a U U . o o 0o to ago a a .. . .. 04 ap u to to to to W) aoto U U U U A CA GQ z C 0r u N ° o � � E., a v� F a o "aa tb b . O+ ° r. � r b r. ' U a x � Cd °�' o % Q. 0 Cd ' A as S�, b ice. wa w Qn U cn 0 W (1) u �o a a� b tt W E� 4 U UU W o 0 •U 0 •U U t7 z � �D 0 o to 0 A r.� a� on Q i cl F� cl an0-4 to o a 0 a �? to Cd a a� � � C) O cl cd t) w F d d� a U UU 0 a.+ • • U U rA o U U � � a0 A � Ca Q Q b b b z `�0 4 'b (1) o C Ell .n -o 10. cNC O G7 W op a o � ai i.r aW � o a, a° rL w aw Q. a� o 0 o z� C U C U v) w F A z d 0-4 U UU a U S S 0 U z � a� a o� z �a 0 zF O C •� � U U o � � a bA io PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL TO LOW DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL CASE NO.: GENERAL PLAN AMENDMENT 2004-098 MAYER VILLA CAPRI WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23RD day of March, 2004, hold a duly noticed Public Hearing to consider the request of Mayer Villa Capri for approval of a General Plan Amendment from Community Commercial (CC) to Low Density Residential (LDR) for 15 ± acres and Neighborhood Commercial (NC) for 10 ± acres for property located on the northeast corner of Washington Street and Fred Waring Drive, more particularly described as: Parcels 1 and 2, Parcel Map 31876 WHEREAS, said General Plan Amendment application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment 2004-498. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, recommends a Mitigated Negative Declaration of environmental impact be certified; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said General Plan Amendment: 1. The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan in that the General Plan Amendment results in promoting a residential character for 10 ± acres of land and the Community Commercial is consistent with the minimum lot size requirements. 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting project will provide adequate setbacks, be well designed and landscaped, and will comply with all applicable City, County, State and Federal requirements. p:\stan\mayer villa capri\gpa 2004-098 pc res.doc Planning Commission Resolution 2004- General Plan Amendment 2004-098 Mayer Villa Capri Adopted: March 23, 2004 3. The General Plan Amendment is compatible with adjacent properties in that the resulting Low Density Residential project is similar in nature with surrounding single family residences and the Neighborhood Commercial is similar to the previous Community Commercial. 4. The General Plan Amendment is suitable and appropriate for the property in that it will allow development of commercial development at the intersection of Washington Street and Fred Waring Drive and single-family residences on Fred Waring Drive in conjunction with those on adjacent land. 5. Approval of the General Plan Amendment is warranted because the Neighborhood Commercial lot size complies with the minimum size required and the Low Density Residential provides a buffer for those existing residential properties to the east from the future commercial to the west and north. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does recommend approval of General Plan Amendment 2004-098 for the reasons set forth in this Resolution and as shown in the attached Exhibit "A." PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23RD day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California Planning Commission Resolution 2004- General Plan Amendment 2004-098 Mayer Villa Capri Adopted: March 23, 2004 ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California EXHIBIT "A" l� H PALM DESERT HOMEY LANE ITJ w tn 5 6 z 3 CALLS LAS aR1SAS FREE WARING DRIVE INDIAN WELLS CASE MAP BERMUDA DUNES AVENUE 42 Zo wW pelt4s"N t ►5 n�c. U.va) PALM . ROYALE DRIVE LA. QUINTA CASE No.: ClegWj, pt.4l MMMCµQNE► r Xoq-098 �..� A4VUU44T,- r(64- 141 "* LAPw SCALE: rl •'C• 5. PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2004- 118 CASE NO.: ZONE CHANGE 2004-118 MAYER VILLA CAPRI WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23RD day of March, 2004, hold a duly noticed Public Hearing to consider the request of Mayer Villa Capri for a Zone Change from Community Commercial (CC) to Low Density Residential (RVL) for 15 ± acres and Neighborhood Commercial (NC) for 10 ± acres for property located at the northeast corner of Washington Street and Fred Waring Drive, more particularly described as: Parcels 1 and 2, Parcel Map 31876 WHEREAS, said Zone Change application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment 2004-498. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, recommends a Mitigated Negative Declaration of environmental impact be certified; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said Zone Change. 1. This Zone Change is internally consistent with those goals, objectives, and policies of the General Plan in that the Zone Change will be consistent provided the associated General Plan is approved. 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses will require Planning Commission review and approval of future development plans, which will ensure that the resulting projects are well designed and adequate conditions of approval are imposed. 3. The new zone designation is compatible with the designations on adjacent properties because the project on the subject property will be designed to reduce potential impacts from adjacent properties that are planned to be developed with commercial and school uses. Planning Commission Resolution 2004-_ Zone Change 2004-118 Mayer Villa Capri Adopted: March 23, 2004 4. The zone designation is suitable and appropriate for the properties involved because they will be designed to be compatible with adjacent properties and reduce potential impacts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend adoption of the Mitigated Negative Declaration. 3. That it does hereby recommend to the City Council approval of Zone Change 2004-1 18; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 23RD day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California PASTAMmayer villa capri\zc 2004-1 18 pc res.doc EXHIBIT "A" PALM DESERT H0M-EY LANE �i W Z 6 Z 2 CALLS LAS aRISAS FRED WARING DRIVE INDIAN WELLS CASE MAP CASE Na : ft t1r.. a4Ar1 F-- ?,00s4 I t A?KALWI M144piL giWk cPt=i BERMUDA DUNES AVENUE 42 py�l► '. COM IMU N ct�( fAtµMO" I At, cv-) Yo LDW ftt461ry Pf,*LDf1'1 PALM ROYALE DRIVE LA. QUINTA Ff6t-j COMKU µ �YN coMMP94,.ackc To riel4q o c-"" cam►+-(p") NORTH SCALE: PLANNING COMMISSION RESOLUTION 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF 15 ± ACRES INTO 48 RESIDENTIAL LOTS AND OTHER MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32119 TRANS WEST HOUSING WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 23`d day of March, 2004, hold a duly noticed Public Hearing to consider the request of Trans West Housing for the subdivision of 15 ± gross acres into 48 single- family residential lots and miscellaneous lots, located at the northeast corner of Washington Street and Fred Waring Drive, more particularly described as: Parcels 1 and 2, Parcel Map 31876 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has completed Environmental Assessment 2004-498 and has determined that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and therefore, a Mitigated Negative Declaration of Environmental Impact should be certified; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings of Approval to justify a recommendation for approval of said Tentative Tract Map 321 19: 1. The Map and its design are consistent with the General Plan and zoning requirements with approval of General Plan Amendment 2004-098 and Zone Change 2004-118 in that its lots and improvements conform to applicable goals, policies, and development standards, in terms of lot size, street widths, and utilities and provide adequate infrastructure and public utilities. 2. The design of the subdivision or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife ortheir habitat because mitigation measures and conditions have been imposed to mitigate those impacts. P:\STAN\mayer villa capri\tt 32119 pc res.doc Planning Commission Resolution 2004-_ Tentative Tract Map 32119 — Mayer Villa Capri Adopted: March 23, 2004 3. The design of the subdivision and the proposed types of improvements are not likely to cause serious public health problems because the improvements are existing or will be installed based on applicable Local, State, and Federal requirements. 4. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does recommend approval of Tentative Tract Map 32119 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 23RD day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California p:\stan\mayer villa capri\tt 32119 pc res,doc PLANNING COMMISSION RESOLUTION 2004-_ CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 32119 — TRANS WEST HOUSING ADOPTED: MARCH 23, 2004 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. 4. The applicant shall comply with applicable provisions of the City's NPDES C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-321 191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 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. 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 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 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) Fred Waring Drive (Major Arterial, 120' ROW) — The required 60 feet right of way dedication to the centerline of Fred Waring Drive has been dedicated per the recorded approved Parcel Map 27131 and Tentative Parcel Map 31876. No additional right of way is required to comply with General Plan street widths. 2) Palm Royale Drive (Pursuant to Parcel Map No. 27131 and Tentative Parcel Map 31876 - Collector Street, 72' ROW) — Street right of way has been dedicated according to the recorded approved Parcel Map 27131 and Tentative Tract Map 31876. No additional right of way is required to comply with General Plan street widths, except for an additional right of way dedication to accommodate improvements 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. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line: 36-foot travel width measured gutter flow line to gutter flow line. 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 as shown on the tentative map. C. KNUCKLE 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. 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. Pursuant to this requirement, the applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s), and bus stop turnout(s). The studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right-of-way dedication required of the project and the associated landscape setback requirement. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\COA - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 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. Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. B. Palm Royale Drive (Collector Street) - 10-foot from the R/W-P/L as dedicated on the approved Parcel Map 27131 and Tentative Tract Map 31876. 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 Fred Waring Drive from lots with frontage along Fred Waring Drive 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. Direct vehicular access to Palm Royale Drive from lots with frontage along Palm Royale Drive is restricted, except for those access points identified on the C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\COA - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 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. 18. 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. 19. 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 20. 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. 21. 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. 22. 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 C:\Docurnents and Setting s\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-321 191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 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/Signing and Striping 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 sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1 " = 4' Vertical C. On -Site Rough Grading Plan D. On -Site Precise Grading Plan: 1 " = 40' Horizontal, 1 " = 40' Horizontal 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping 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. 23. 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. 24. 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. CADocurnents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-321 191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 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 25. 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. 26. 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. 27. 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. 28. 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. i C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 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. 29. 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. 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. 30. 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 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. 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. !' a C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\COA - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 33. 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. 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. 34. 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. 35. 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 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\COA - TM-321191 Am i, Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 36. 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. 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. nRAINAC;F 39. The applicant shall revise proposed retention basin(s) 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. 40. 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. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\COA - TM-321 191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 41. 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. 42. 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. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. 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. For retention basins on individual lots, retention depth shall not exceed two feet. 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. 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 retention 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. UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 50. 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. 51. 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. 52. 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 53. 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. 54. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 55. The applicant may elect to construct the following public street improvements to conform with the General Plan as conditioned of Tentative Tract Map No. 31876. A. OFF -SITE STREETS CADocuments and Setting s\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 1) Fred Waring Drive (Major Arterial; 120' R/W): a) Widen the north side of the street along all frontage adjacent to the Tentative Tract Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located forty-eight feet (48') north of the centerline. Other required improvements in the Fred Waring Drive 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. c) Construct an 18 - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map. plus variable width as needed to accommodate a left turn lane for northbound traffic at the Palm Royale Drive. d) The applicant shall install the traffic signal at the Fred Waring Drive and Palm Royale Drive intersection when warrants are met. Applicant is responsible for a prorated share of the cost to design and install the traffic signal. The applicant shall enter upon an agreement with the Desert is CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 Sands Unified School District for the remaining obligation. The applicant shall enter into a SIA to post security for its prorate share of the cost to design and install the traffic signal prior to issuance of an on -site grading permit and the security shall remain in full force and effect until the signal is actually installed by the applicant or the Desert Sands Unified School District. The above cost for design and installation of the traffic signal may be reduced proportionately by existing participatory security from Tract 28457 and 28458 and other participatory developments. 2. Palm Royale Drive - Pursuant to Parcel Map No. 27131, 72' ROW: Widen the street along all frontage adjacent to the Tentative Tract Map boundary to its ultimate 48-foot width pursuant to Parcel Map No. 27131 and the requirements of these conditions. Other required improvements in the Palm Royale Drive 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► 6-foot wide curb adjacent sidewalk. 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). 56. The applicant shall construct the following private street improvements to conform with the General Plan. A. PRIVATE STREETS 1) Private residential streets except for entry drive at Palm Royale Drive - Construct full 36-foot wide travel width improvements where the residential streets are double loaded. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-321 191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 B. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative Tract 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. C. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative Tract map, except for minor revisions as may be required by the City Engineer. 57. 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. The applicant is responsible for construction of all improvements mentioned above per any unilateral agreement with the developer of Tentative Parcel Map No. 31876. If said construction is performed as part of Tentative Tract Map 32119, the development is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. The cost of improvements expended by the applicant from the centerline of Fred Waring Drive to within 20 feet of the outer curb face is eligible for reimbursement. The applicant is responsible for the remaining cost of the improvements. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\COA - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 CONSTRUCTION 58. 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 59. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 60. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 61. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 62. 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. 63. 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. QUALITY ASSURANCE 64. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-321191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 65. 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. 66. 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. 67. 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 68. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 69. 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 70. 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. 71. 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). C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\C0A - TM-321 191.doc Planning Commission Resolution 2004-_ Conditions of Approval — Recommended Tentative Tract Map 32119 — Trans West Housing Adopted: March 23, 2004 FIRE MARSHAL 72. All requirements of the Fire Marshal shall be complied with during Final Map plan check. MISCELLANEOUS 73. Within 24 hours of approval of the tentative tract map by the City Council, the developer shall submit to the Community Development Department, a check made out to the County of Riverside for $1,314 to allow filing of a Notice of Determination for Environmental Assessment 2003-498 as required by State law. 74. The tract shall be provided with masonry walls along the perimeter. Adjacent to commercial zoning and school site wall may be seven feet high. Perimeter wall designs including height, color, material, design shall approved by the Community development Department prior to issuance of building permit for the wall. 75. Proposed street names with a minimum of two alternative names per street shall be submitted to the Community Development Department for approval. Names are to be approved prior to recordation of the final map. 76. All mitigation measures contained in Environmental Assessment 2003-498 shall be met. 77. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC and R's) for the project. 78. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 79. Approval of production homes and common area buildings requires processing and approval of a Site Development Permit application by the Planning Commission. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\C0A - TM-321 191.doc MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: OSCAR ORCI, INTERIM COMMUNITY DEVELOPMENT DIRECTOR DATE: March 23, 2004 SUBJECT: CONTINUED APPEAL OF PUBLIC NUISANCE CASE 9693 ROBERT AND BARBARA VALDIVIA The Planning Commission initially reviewed this matter at the November 25, 2003 meeting. At that meeting the City's Prosecutor and the applicant requested the item be continued to allow the applicant the opportunity to work out some issues. This case is still pending, as Mr. Valdivia continues to work with the Building & Safety Department. At this time Staff is requesting the item be continued to April 27, 2004 to provide the Building & Safety Department ample time for review, revisions, and issuance of the building permit. P:\va1divia\3-24 memo FOR THE FIRM: Mark A. Ostoich E-Mail: mark eatoirhtiercafiamravaearom GRESHAM, SAVAGE, NOLAN & TILDEN, LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP LAWYERS - FOUNDED 1910 600 NORTH ARROWHEAD AVENUE, SUITE 300 SAN BERNARDINO, CALIFORNIA 92401-1148 (909) 884-2171 - FACSIMILE (909) 888-2120 www.greshamsavage.com March 23, 2004 VIA E-MAIL Mr. Timothy R. Jonasson Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Re: Site Development Permit 2004-800 Dear Mr. Jonasson: -AL We represent Washington 111, Ltd., the owner of the real pIvFVlry wuL1,u lA tu%o AUUJ�,u& matter of the above -referenced Site Development Permit. Without intending to limit our client's right to comment on other proposed conditions of approval, the purpose of this letter is to advise you of our client's strong objection to Condition of Approval 32.A.1)d), which provides as follows: "The Applicant is responsible for 25% of the cost for design and installation of a traffic signal at the Washington Street and Simon Drive intersection if required of Tentative Tract No. 31348 on the west side of Washington Street and when warranted. The Applicant shall enter upon an agreement with the Developer of Tentative Tract No. 31348, Madison Development, LLC, for their prorated share obligation." As you know, the larger project implemented by the above -referenced Site Development Permit, is the subject of Washington Park Specific Plan, Amendment No. 4, which was approved by the City Council in November, 2002. In connection with the approval, the City Council made all required findings, including findings required by the California Environmental Quality Act, and the approval has now become final and non -appealable. In support of the California Environmental Quality Act findings made by the City Council, the City prepared an environmental document, which identified and evaluated the impacts of the project contemplated by the Specific Plan Amendment. All identified impacts were mitigated through the imposition of mitigation measures and those mitigation measures became the subject of conditions of approval. RIVERSIDE OFFICE - 3750 UNIVERSITY AVENUE, SUITE 250, P.O. BOX 1240, RIVERSIDE, CA 92502-1240 - (909) 684-2171 - FACSIMILE (909) 684-2150 VICTORVILLE OFFICE - 14350CIVIC DRIVE, SUITE 120, VICTORVILLE, CA 92392 - (760) 243-2889 - FACSIMILE (760) 243-0467 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Mark A. Ostoich City of La Quinta March 23, 2004 Page 2 Nowhere within the foregoing transactions was a mitigation measure or condition of approval requiring a traffic signal at the intersection of Washington Street and Simon Drive. Moreover, the development contemplated by the above -referenced Site Development Permit is within the scope of the environmental document that supported approval of the Specific Plan Amendment and will not, independently, cause any impacts not already identified and evaluated in that environmental document. As we are sure you know, conditions of approval require a reasonable nexus to the project on which they are being imposed. Since there is no nexus here, we urge you to delete proposed Condition of Approval 32.A.1)d). Please advise us in writing of the City's intentions. Very truly yours, Mark A. Ostoich, of GRESHAM, SAVAGE, NOLAN & TILDEN, LLP MAOlpmj cc: June Greek, City Clerk Thomas P. Genovese, City Manager Oscar Orci, Planning Department Jack Tarr William Guillermo Sanchez NAW742\000U. ACity of La Quinta-01 The Keith Companies Irlim February 24, 2004 Jack Tarr Washington 111, Ltd. 74770 Highway 111, Suite 201 Indian Wells, CA 92210 RE: WASHINGTON PARK PROJECT - Proposed Traffic Signal at Simon Drive & Washington Street This is in response to your request regarding a proposed traffic signal to be located at the intersection of Washington Street and Simon Drive in the City of La Quinta. We have reviewed the following documents: • Washington Park Specific Plan, SP1987-011, Amendment No. 4, 12/17/02. • City of La Quinta Target Development Traffic Impact Analysis, 10/30/02. in the Speck Plan adopted by the City (Resolution 2002-167), traffic signal improvements were addressed at the following locations: Adams Street & Ave. 47; Highway 111 & Adams Street; Highway 111 & La Quinta Drive; Highway 111 & Washington Street; Washington Street & Ave 47. No traffic signal improvement requirements were indicated in the Specific Plan for the intersection of Simon Drive and Washington Street. The Traffic Impact Analysis, prepared by Urban Crossroads, covers Simon Dr. at Washington St. to Avenue 47, to Adams St. and to Highway 111, back to Simon Dr. The analysis considers conditions of roadway geometry and alignments as well as traffic counts at the time of the investigation, June 2002. For the intersection of Simon Dr. and Washington St., the study indicated no traffic signal requirements since, apparently, it did not meet the warrants for a traffic signal. Based on our initial review of the above documents, the Washington Park project does not require a traffic signal at this intersection. However, all new projects within the area should be responsible for preparing new traffic studies to determine if their development requires a signal or other improvements at this location in order to mitigate new traffic impacts. If you have any questions or need additional information, please feel free to contact us at 760-346-9844. Sincerely, The Keith Companies, Inc. Dan Ruiz, P.E. Director of Engineering, Palm Desert Division T 76 uR,. A 40889.00