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2001 07 10 PCTit,/ 4 4Q" Planning Commission Agendas are now available on the City's Web Page @ www.la-quinta.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 July 10, 2001 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2001-093 Beginning Minute Motion 2001-013 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call 11. 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. ELECTION OF CHAIR AND VICE CHAIR IV. CONFIRMATION OF AGENDA V. CONSENT CALENDAR A. Approval of the Minutes of the regular meeting on June 26, 2001. B. Department Report PC/AGENDA VI. PRESENTATIONS: None VI1. PUBLIC HEARINGS: A. Item ................... ENVIRONMENTAL ASSESSMENT 2001-426, CONDITIONAL USE PERMIT 2001-061, AND SITE DEVELOPMENT PERMIT 2001-706 Applicant........... AT&T Wireless Services Location............ West of Eisenhower drive, north of Los Arboles and south of Avenida Fernando within the La Quinta Resort and Club Request ............. Certification of a Mitigated Negative Declaration of Environmental Impact and the installation of a 65-foot high wireless antenna with monopalm prototype design and construction of a single story 1,002 square foot building for related equipment Action ............... Request to continue to July 24, 2001 B. Item ................... CONDITIONAL USE PERMIT 2001-058, AND SITE DEVELOPMENT PERMIT 2001-702 Applicant........... Kingdom Hall of Jehovah's Witnesses Location............ East side of Dune Palms Road, between Westward Ho Drive and the Coachella Valley Storm Channel Request ............. Approval of the construction and development plans for a 4,000 square foot church and a future church building with ancillary facilities on 2.39 acres. Action ............... Resolution 2001- , Resolution 2001- C. Item ................... SITE DEVELOPMENT PERMIT 2001-669 Applicant........... James R. Paul Location............ 79-440 Corporate Centre Drive, within the La Quinta Corporate Center (Highway 1 1 1 between Dune Palms Road and Adams Street) Request ............. Review of a proposed sign program for an approved multi - tenant industrial/office building. Action ............... Resolution 2001- , Resolution 2001- D. Item ................... SITE DEVELOPMENT PERMIT 2001-682, AMENDMENT #1 Applicant........... World Gym Palm Desert, LLC Location............ 46-760 Commerce Court, within the La Quinta Corporate Center (Highway 111 between Dune Palms Road and Adams Street) Request ............. Review of revised exterior elevations and landscape plan for a previously approved 15,500 square foot fitness center. Action ............... Resolution 2001- PC/AGENDA E. Item ................... ENVIRONMENTAL ASSESSMENT 2001-425 AND CONDITIONAL USE PERMIT 2001-060 Applicant........... Verizon Wireless Location............ North of Highway 1 1 1 and west of Adams Street within the One Eleven La Quinta Shopping Center Request ............. Certification of a Mitigated Negative Declaration of Environmental Impact and installation of a 60-foot high wireless antenna monopalm prototype design and related 230 square foot one story equipment building for cellular telephone service. Action ............... Resolution 2001- , Resolution 2001- F. Item ................... SITE DEVELOPMENT PERMIT 99-651, AMENDMENT #1 Applicant........... KSL Recreation Corporation Location............ 55-900 through 55-940 PGA Boulevard, within PGA West Country Club Request ............. Amend City Council Condition of Approval #17 of Resolution 99-71 that requires removal of the existing corporate office modular units on June 1, 2001, to be extended to November 30, 2001. Action ............... Resolution 2001- VIII. BUSINESS ITEMS: IX. CORRESPONDENCE AND WRITTEN MATERIAL: None X. COMMISSIONER ITEMS: A. Commissioner discussion regarding City Council meeting of July 3, 2001. XI. ADJOURNMENT PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 26, 2001 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 Robbins who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Robert Tyler, and Chairman Steve Robbins. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Associate Planner Michele Rambo, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of June 12, 2001. Commissioner Tyler asked that Page 2, Item 4 be corrected to read "36-feet wide". City Attorney Kathy Jenson asked that the minutes be corrected to state that she was present at the meeting and not Assistant City Attorney John Ramirez. There being no further corrections, it was moved and seconded by Commissioners Abels/Kirk to approve the minutes as corrected. Unanimously approved. B. Department Report: None. V. PRESENTATIONS: None. VI. PUBLIC HEARING: A. Village Use Permit 2001-009; a request of Starlight Management, Inc. for approval of architectural, landscaping, site plans, lighting plans, and sign program for a multi -tenant office building located at 78-099 Calle Estado. G:\WF1D0CS\PC6-26-01.wpd 1 Planning Commission Minutes June 26, 2001 1. Commissioner Kirk excused himself and left the dias due to a possible conflict of interest due to the proximity of his residence to the project. 2. Chairman Robbins opened the public hearing and asked for the staff report. Associate Planner Michele Rambo presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Robbins asked if there were any questions of staff. Commissioner Abels commended staff on the presentation. 4. Commissioner Tyler stated he would like to act on this project even though there was no General Plan Amendment application submitted to not hold the developer up. Staff stated it was being prepared and the Commission could not act until an application was submitted. Commissioner Tyler asked if the parking plan could be enforced as presented. Staff stated it was up to the Commission. 5. Chairman Robbins asked if there was on -street parking and how many spaces were available. Staff stated there were parking spaces on Calle Estado as well as being provided in their parking plan. 6. Commissioner Tyler question Condition #18 in regard to the size of the trees. Staff stated this condition could be eliminated as the trees were already planted. Commissioner Tyler asked that Condition #23 be changed. Staff stated it would be changed to read, "...from the centerline in the travel lane..." 7. Commissioner Butler asked about the color exhibit and if the applicant had agreed with the Architecture and Landscaping Committee's (ALRC) conditions. Staff stated the applicant had concurred with the ALRC's recommendation and presented the color board. 8. Chairman Robbins stated his concern was the rear of the building as it was extremely plain. He would like to see more architectural detail. In regard to Condition #25 he questioned the configuration of the building as it did not provide a place to install the fire riser and detector check except in the sidewalk. Senior Engineer Steve G:\WPDOCS\PC6-26-01.wpd 2 Planning Commission Minutes June 26, 2001 Speer suggested it be placed under the stairwell on the front of the building. Staff would add a condition requiring the applicant to work with staff on the location. 9. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Skip Lench, representing the applicant and who prepared the preliminary plans for the project, stated they could address Chairman Robbins concerns on the rear elevation and the fire equipment. 10. Commissioner Butler asked if elevators would be added to accommodate the handicapped on the second story at any time. Mr. Lench stated it depends on the scale of the project. It is not economically feasible unless the business is of size to off -set the cost. 1 1. Commissioner Tyler asked if there would be any street addresses on the building. Mr. Lench stated signage is discouraged, but they could add the address. Commissioner Tyler asked if there were any requirements for commercial buildings to have an address on the building. Staff stated the would require the applicant to work with the fire department in regard to this requirement. 12. Chairman Robbins asked if there was any other public comment. There being no further public comment, Chairman Robbins closed the public hearing and opened the project for Commission discussion. 13. Commissioner Tyler asked if they could address Condition #37. Staff stated it was in the process. 14. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2001-089, approving Village Use Permit 2001-009, as amended. a. Condition 18 deleted b. Condition 23 "centerline of the travel lane" C. Condition #25: Staff will work with the applicant for a non - obtrusive location of the fire equipment. d. Condition #38: Prior to issuance of a building permit the applicant shall redesign the rear of the building to include design articulation. G:\WFIDOCS\PC6-26-01.wpd 3 Planning Commission Minutes June 26, 2001 ROLL CALL: AYES: Commissioners Abels, Butler, Tyler, and Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: Commissioner Kirk. Commissioner Kirk rejoined the Commission. B. Environmental Assessment 2001-418 General Plan Amendment 2001- 077 and Zone Change 2001-100: a request of NRI, La Quinta Limited Partnership for certification of a Mitigated Negative Declaration of Environmental Impact, approval of a pre -annexation General Plan designation from County designation 2B to Low Density Residential and a Zone Change from County designation A-1-20 to Low Density Residential for the property bounded on the north by Avenue 52, on the east by Monroe Street, on the south by Avenue 53, and on the east by the existing City limits. 1. Chairman Robbins opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked staff to confirm that the Ms. Waters would be able to maintain her agricultural operation as it now exists. Staff stated that is correct unless the operation ceases to operate for over a year. In that case it may not. If, however, the City adopts an Agricultural designation and zones this property as Agricultural, then the use can continue forever. 3. Commissioner Kirk asked what legal counsel's opinion on the letter received from Ms. Waters attorney in regard to the City's CEQA documentation and process. City Attorney Kathy Jenson stated that in regard to the allegations that they would not be able to change crops or replant, that is obviously incorrect under the City's Zoning Code. With regard to the issue of a proposed residential development, at this time there is no residential project application. At such time as an application is received and is being processed, it would be appropriate at that time to formulate mitigation measures that would provide notice to prospective property owners in this location. At this time it would be premature. In regard to the Agricultural issues, it is her understanding there are no Williamson Act contracts according to the environmental documents. Community Development Director GAWF'DOCSTC6-26-01.wpd 4 Planning Commission Minutes June 26, 2001 Jerry Herman clarified that since the environmental document had been prepared, it had been learned that two parcels did have the Williamson Act contract, but applications have been applied for, for non -renewal. This has to be completed before the property can be annexed. Commissioner Kirk asked how the Williamson Act applies here in regard to Ms. Waters property. Staff stated he did not know if Ms. Waters property was under the Williamson Act. Commissioner Kirk asked if the statements in the letter in regard to the overdraft issue is it also not right. City Attorney Kathy Jenson stated that was correct. 4. Commissioner Butler stated that during the public hearing process of the Country Club of the Desert, these issues were addressed at that time by Ms. Waters. Staff noted that when the Country Club of the Desert was approved by Council it was conditioned to inform property owners of this use. There is no application on this site and therefore there is no way of conditioning it at this time as this is only a pre -zoning application only. 5. Commissioner Tyler asked staff to identify Ms. Waters parcel. Staff did so. Commissioner Tyler asked if the action being taken by the Commission at this meeting would place any restrictions on her property in regard to what she could do. Staff stated that it had been the direction of the City Council to preserve the agricultural and equestrian uses. Staff is drafting language to do this in the General Plan update. Commissioner Tyler asked what would determine the zoning and her uses in the interim period. Staff stated this preannexation zoning and General Plan designation has no affect on Ms. Water's property until such time as LAFCO officially annexes the property. These applications have to go to the City Council for public hearing. The applications are then prepared and submitted to LAFCO with the appropriate fees. LAFCO normally takes four to six months to process an application and at the end of that time the zoning would be in place. This could take up to a year and a half before the overlay was in place. Until that time, the only restriction on her property would be that she could not add or enlarge any agricultural buildings. The residential units are not affected. If the Commission directed staff to do so, staff could prepare an amendment to the Zoning Code in regard to nonconforming uses. 6. Chairman Robbins asked if the City had any a agricultural zoning. Staff stated that at this time there is no such zoning, and therefore could not annex this property in with an agricultural zoning designation. Chairman Robbins stated his concern was that this property owner was being asked to go on faith that the City will Planning Commission Minutes June 26, 2001 do this. Is the entire area being considered for annexation under farming. Staff noted it is mostly sod farming, equestrian, or farming uses. Chairman Robbins noted that if the land is developed, the water usage would be the same whether it is being farmed or has residential uses. 7. Commissioner Kirk asked if Ms. Water's property could be removed from the annexation area. Staff stated it could be done, but LAFCO prefers an annexation area to have squared off boundaries, but the final decision is up to LAFCO. Staff noted that if this property is left out of the annexation and decides at a later date to annex into the City, the property owner at that time would be responsible for paying all the fees for the annexation. 8. Chairman Robbins asked if the applicant would like to address the Commission. Ms. Nancy Aaronson, representing NRI, La Quinta Limited Partnership, stated that they and Mr. Debonne own 80% of the annexation area. They currently do not have plans for the site, but do expect their use to be compatible with any agricultural uses. 9. Commissioner Butler asked how the applicant could address the issues raised by Ms. Waters. Ms. Aaronson stated she had briefly read the letter prepared by Ms. Water's attorney, but some of the issues sited as being unique to a farming operation are very much applicable to a golf course operation. They run heavy equipment, machinery, fertilizers, workers coming and going, the application of chemicals, pesticides, very much like a farming operation. In the event they were to develop this site with a golf course, they would be sensitive to the agricultural operation. 10. Commissioner Tyler stated he is aware of the noise issues of a golf course living in close proximity to one. He asked Ms. Aaronson to identify who NRI was in regard to the Country Club of the Desert. Ms. Aaronson stated this is a third partnership with related partners. They are all affiliated. 11. Chairman Robbins asked if there was any other public comment. Ms. Waters stated that she lives on a golf course and it is a different type of operations. Her operation involves a lot of machinery being operated during the middle of the night not just 5:00 or 6:00 in the morning. The chemicals they use are not the same as a golf course operation. In addition, she is concerned that they had to drill down an additional 700 feet to reach ground water as their water source had dried up. Therefore, she is G:\WF1DOCS\PC6-26-01.wpd 6 Planning Commission Minutes June 26, 2001 concerned what will happen when the golf courses go in. Her concern is that the neighbors will eventually object to her farming use and she will have problems continuing her farming operation. She would suggest there be a 500-foot buffer between the two uses. She would like to be left out of the annexation. 12. Chairman Robbins stated the Country Club of the Desert will be using canal water which will have no affect on the ground water. They will have domestic wells for people uses. There are farmers who continue to use ground water for farming and this is one of the issues that need to be addressed. The overdraft of the water in this location of the Valley is due to the water for people to drink and for farmers who chose to use ground water for farming. In the overall picture, the site is better off with residential uses than farming. 13. Commissioner Butler explained that pre -annexation does not take away Ms. Water's rights to farm. Ms. Waters stated her concern is that when people do move in, they will be before the Council complaining about all the things that she is required to do to farm her property. 14. Commissioner Tyler asked if Ms. Water's concerns were with the impact her farming operation would have on the potential future residents. Ms. Waters stated yes, and those issues raised in the letter written by her attorney, Mr. Hargraves. Commissioner Tyler stated that whether or not she is annexed, the project will be built, and the issues she is concerned with will still exist. 15. Ms. Gayle Cady, 82-831 Avenue 54,- stated this is the first time she has heard any mention of the possibility of an agricultural zone in the City of La Quinta. The parcel in question is in a prime equestrian as well as agricultural area. She does not know if it is true or not that an agricultural use would use the same amount of water as a residential use. Due to the location of this site next to the polo clubs and Desert Horse Circuit, we have the largest conglomerate of horses west of the Mississippi. This needs to be taken into consideration because the smell of horse manure will become an issue to these residents. She is also concerned about the noise ordinance which would not allow tractors to operate at all hours of the night. Community Development Director Jerry Herman stated that under City ordinances there are no ordinances regarding agricultural machinery. City Attorney Kathy Jenson stated there is a general noise ordinance in the Nuisance Section that says it is a nuisance for a person to make cause, or suffer, or G:\WPDOCS\PC6-26-01.wpd 7 Planning Commission Minutes June 26, 2001 permit to make unnecessary sounds which are physically annoying to persons of ordinary sensitivity, etc. There is a section that pertains to construction specific hours and days for construction noise, but the Code clearly anticipates that existing, nonconforming uses can continue in its intensity, so it is a good argument that the Code would allow the existing levels of noise. If there is an existing use that is established that may create nuisance effects, if there is residential development coming to that area, it will not be considered a nuisance because it is first in time. 16. Commissioner Tyler stated he was surprised to hear Ms. Cady state that this is the first time she has heard mention of an agricultural overlay. He has attended many of the annexation and General Plan hearings and at each meeting the discussion has been to leave agricultural as it is where it is until they want to make the change. Staff noted this has been the City's direction since annexation first started. Ms. Cady stated she was addressing Chairman Robbins comment directly as she was not aware of a specific zone for agriculture and/or equestrian. In addition, the horse industry brings in approximately $2 million dollars annually to the community. 17. Ms. Ellen Lloyd Trover, 82-150 Avenue 54, noted there is no equestrian overlay mentioned in the draft EIR prepared for the General Plan update. She does not understand the agricultural overlay and she is a retired attorney and does have a little experience in reading legal documents. To her it is premature to define what these things say until they can see the final ordinance is writing. Therefore, she does not know what Ms. Waters would be able to do. It is her understanding in listening to the time table explained by staff, to bring the annexation to LAFCO, but obviously it is unknown what will happen during the hearings before it goes to LAFCO, nor do they know the exact process before LAFCO or disputes that may delay it. Therefore, they are considering an indefinite time that Ms. Waters may have to operate under a system where we do not know whether or not she would be able to change her current operation should she need to modify them to continue her business. Also, we do not know exactly what the overlays will allow. She is concerned about the ground water use in the Valley. If this area is rezoned for Low Density Residential then they are talking about at least a potential for four houses per acre. For Ms. Waters property that would mean four houses that would be using ground water which would be an increase in the demand for more ground water to be used G:\WPDOCS\PC6-26-01.wpd 8 Planning Commission Minutes June 26, 2001 than her one residence uses. She is aware that CVWD has a Water Management Plan, but as she understands it the EIR is not prepared yet. It is a multi -agency plan so who knows how long it will take to get all the agencies into conformity and agreement with this plan or how long it will take to get it adopted and what modifications may take place during the public hearings. If the plan remains as it is written today, it will be the year 2019 before we stabilize the ground water overdraft. She realizes this is not a huge project, but she does realize we have to start looking at every single project and assessing its impact on ground water, because we have to remember we live in the desert and without water we will have nothing here. She is unsure what she is objecting to except the "ifiness" of the project. 18. Commissioner Abels noted that the City is very concerned with water uses. 19. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 20. Commissioner Tyler stated that most of what has been stated is probably beyond what can be discussed at this time. 21. Commissioner Butler stated he knows CVWD has taken into consideration the ground water problems in the Valley and are putting in ponds that will regenerate the sources. In considering the applications that are before the Commission, he does not have as many concerns as he will when an application for development is brought before the Commission. 22. Commissioner Abels stated there will be many issues both pro and con in regard to annexation and the Commission will have to address them as they come up. 23. Commissioner Kirk stated one of the issues they are wrestling with is the sense of "rightness" and a lot of the issues raised relate to when a specific project is proposed. Ms. Water has shown a lot of good sense by addressing this at an early stage. Some of her concerns cannot be addressed at this time in regard to conditions which could mitigate those concerns, as there is no application before them for development. He reminded the Commission of another project that was considered by the Commission. There were different, conflicting land uses, but there the property G:\WF1DOCS\PC6-26-01.wpd 9 Planning Commission Minutes June 26, 2001 owners of the Low Density Residential were given notice when they bought their property that there would be a condominium project with higher density next to them. They all received the notification and signed off on knowing it would be there. Yet, when that project came before the Commission, they protested the development of the project. Ms. Waters is right, the proposed project will be a wonderful project, and the people buying there will object to the equipment used in her farming operation. Therefore, he does agree that she has a right to be concerned. At the same time, he concurs with Commissioner Butler, development is going to occur whether or not it is in the City or County. There are three options before the Commission: 1) approve the request as proposed; 2) reject it; or 3) approve the request for everything except Ms. Waters property. Therefore, he would suggest that at this time they remove Ms. Waters property from the annexation area. He would caution Ms. Waters that there is an old saying about "being in the tent versus doing something out of the tent". She may want to reconsider this decision. From his perspective he would rather be in the City addressing his neighbors rather than being in another jurisdiction. When she has to come before the Council to request a setback for this project, she will be in the County rather than in the City. She needs to make some strategic decisions. She knows the project will be developed and should be looking at this in how best to approach it. 24. Chairman Robbins stated he has a lot of compassion for Ms. Waters, but what they are considering is an eventual annexation. An annexation in and of itself does not change the land use or any impact on what is currently there. He would agree that Ms. Waters would be better off as part of the City rather than outside the City limits. He would suggest they make a recommendation that the City move forward with the annexation directing staff to start the process of putting the equestrian/agricultural zoning in place. 25. Commissioner Butler asked staff if creating a new zoning would be contrary to what they are trying to achieve. Ms. Waters wants to retain her use and it has never been the City's desire to remove the use. Staff stated we do not have an agricultural zone or land use in General Plan or Zoning Code. In order to accomplish what Ms. Waters wants we would have to continue this public hearing and staff would have to create a land use designation and policy for agricultural. Staff would have to create a zoning text G:\WF'DOCS\PC6-26-01 .wpd 10 Planning Commission Minutes June 26, 2001 amendment for agricultural uses and then schedule those for public hearings before the Commission and City Council. This is the only way her property and use could be made conforming. The other option is to remove her from this annexation and address it when the other annexation is brought forward which may be as much as a year to two years away. Commissioner Butler asked if her property was removed would it have any affect on the proposed annexation. Staff stated it would be submitted to LAFCO for their decision. 26. Chairman Robbins asked if Ms. Waters was the only property owner not included on the application. Staff stated that was correct. 27. Commissioner Abels asked staff to clarify what was before the Commission. Staff explained that what was before the Commission was preannexation zoning and land use. 28. Commissioner Tyler stated the Council has continually reiterated that the City is not actively pursuing annexation. We are reacting to those requesting to be annexed. 29. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-090, recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-418, with the clarification on what properties are within the Williamson Act designation and have been noticed to discontinue. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: None. 30. It was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-091 recommending to the City Council approval of General Plan Amendment 2001-077, subject to the findings and the elimination of APN 767-200-01 1. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSENT: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSTAIN: None. GAWPD0CS\PC6-26-01.wpd 11 Planning Commission Minutes June 213, 2001 31. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2001-092 recommending to the City Council approval of Zone Change 2001-100, subject to the findings and the elimination of APN 767-200-01 1. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: None. VII. BUSINESS ITEMS: A. Sign Application 20001-554; a request of Palm Royale Country Club for approval of a monument sign to be located at the southeast corner of Washington Street and Fred Waring Drive. 1. Chairman Robbins and Commissioner Tyler excused themselves and withdrew from the dias due to a possible conflict of interest due to the location of their residences in proximity to the project. 1. Vice Chairman Abels asked for the staff report. Associate Planner Michele Rambo presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner Butler asked staff to clarify what they were recommending in regard to the size of the sign. Staff stated the face is six feet six inches and the base is an additional 18 inches. Planning Manager Christine di lorio stated the Code defines the height as being at the grade of the sign. Commissioner Butler asked if lighting was being proposed. Staff stated it would be externally illuminated with flood lights. 3. Commissioner Kirk asked who approved the original sign. Staff stated the last sign was approved by the City. Commissioner Kirk asked what the rationale was for approving a sign that did not conform to the Code. Staff explained the applicant had requested an adjustment that was approved initially because of the distance of the entry from the corner. Staff went on to explain other developments that have the additional signs. 4. Commissioner Butler asked if the sign would have the phone number. Staff stated they are recommending the phone number be removed. Commissioner Butler asked if the restaurant sign, G:\WPDOCS\PC6-26-01.wpd 12 Planning Commission Minutes June 26, 2001 just before the entrance on Fred Waring Drive, would be allowed to remain. Staff stated off -site premise signs are not allowed and they would contact Code Compliance to check on the sign. 5. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Commission. Mr. Skip Berg, representing the applicant, asked who was responsible for asking his client to remove the sign for the street widening. Staff stated it was a CVAG project and included with the widening of Washington Street. Community Development Director Jerry Herman stated encroachment permits were needed to widen the street which required the sign to be removed. The City probably requested the removal to complete the street widening. Mr. Berg stated the prior sign was larger than what they are requesting. Staff stated that based on the sign originally approved, it was 6- feet high from the base and six feet across. Mr. Berg asked if he could replace the sign as it was originally approved. Staff stated as long as it conformed to what was originally approved. Mr. Berg questioned the size of the sign in regard to the base as it fits on the berm. Why did the overall size include the base? They would agree to having a planter with the sign for an overall 24 square foot signage. 6. Vice Chairman Abels asked if there were any questions of the applicant. Commissioner Butler asked the applicant to explain the lighting. Mr. Berg explained the lighting and stated they do not want a bright light. 7. There being no further discussion, it was moved and seconded by Commissioners Butler/Kirk to adopt Minute Motion 2001-012, approving Sign Application 2001-554, with an 18 inch base and six foot sign. Unanimously approved. Chairman Robbins and Commissioner Tyler rejoined the Commission. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of June 19, 2001. GAWPD0CS\PC6-26-01.wpd 13 Planning Commission Minutes June 26, 2001 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held July 10, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:57 p.m. on June 12, 2001. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California GAWPD0CS\PC6-26-01.wpd 14 PH #A PLANNING COMMISSION STAFF REPORT DATE: JULY 10, 2001 (CONTINUE TO JULY 24, 2001) CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 2001-426, CONDITIONAL USE PERMIT 2001-061 AND SITE DEVELOPMENT PERMIT 2001-706 APPLICANT: AT&T WIRELESS SERVICES PROPERTY OWNER: KSL DESERT RESORTS, INCORPORATED (APRIL SHUTE, OPERATIONS DIRECTOR) LOCATION: APPROXIMATELY 280 FEET WEST OF EISENHOWER DRIVE, 300 FEET NORTH OF LOS ARBOLES AND 600 FEET SOUTH OF AVENIDA FERNANDO WITHIN THE LA QUINTA RESORT AND CLUB REQUEST: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) INSTALLATION OF A 65-FOOT HIGH WIRELESS ANTENNA CAMOUFLAGED AS A PALM TREE (MONOPALM PROTOTYPE DESIGN) AND CONSTRUCTION OF A SINGLE STORY BUILDING (1,002 SQUARE FEET) FOR RELATED EQUIPMENT STORAGE RECOMMENDATION: Approve a two -week continuance to July 24 for this request to allow the project to be reviewed by the City's Architecture and Landscape Review Committee on July 11 and Historic Preservation Commission on July 19. by: Ureg� qusaeji Associate Planner AASRPC, CU P61 AT&TCont.wpd - 50 R6/25 Submitted by: Christine di lorio Planning Manager i PH #E STAFF REPORT PLANNING COMMISSION DATE: JULY 10, 2001 CASE: NO.: CONDITIONAL USE PERMIT 2001-058, SITE DEVELOPMENT PERMIT 2001-702 REQUEST: APPROVAL CONSTRUCTION AND DEVELOPMENT PLANS FOR A 4,000 SQUARE FOOT CHURCH, A SECOND FUTURE CHURCH BUILDING, AND ANCILLARY FACILITIES ON 2.39 ACRES LOCATION: APPLICANT: ENVIRONMENTAL CONSIDERATION: GENERAL PLAN/ ZONING DESIGNATIONS: BACKGROUND: THE EAST SIDE OF DUNE PALMS ROAD, BETWEEN WESTWARD HO AND THE COACHELLA VALLEY STORM CHANNEL KINGDOM HALL OF JEHOVAH'S WITNESSES THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (SECTION 15303, NEW CONSTRUCTION 0 R CONVERSION OF SMALL STRUCTURES) LOW DENSITY RESIDENTIAL The proposed project was originally scheduled for Planning Commission hearing on May 22, 2001. As part of the application processing, the project was presented to the Architecture and Landscape Review Committee (ALRC) on the 8th of May. The ALRC recommended a number of conditions of approval to improve the design of the facility, which did not meet City standards. As a result of the ALRC recommendations, the applicant requested a continuance to this meeting date, in order to redesign the facility. The attached plans and elevations reflect these changes, and incorporate a number of the ALRC's recommendations, as discussed below. Site Backaround The project site is currently vacant. The overall site plan includes two buildings, but only one is proposed at this time. A separate site development permit will be required for the building on the eastern property line in the future. GAWFDOCS\PCStfRptJevWit.WPD The project proponent is proposing a 4,488 square foot church on the west end of the property (with a second 4,488 square foot identical building on the east end of the property in the future). The building is sited along the roadway frontage, with parking to the: east, hidden from public view. Parking for 133 vehicles, and limited landscaping is also proposed. Project Request Conditional Use Permit The proposed project occurs in the Low Density Residential zoning designation. The Development Code requires that churches be considered through a Conditional Use Permit in this designation. The proposed church building is proposed to be single story, and somewhat residential in character. The church activity will be limited to certain days of the week, and generally will occur during off-peak times. The location of the church on Dune Palms Road provides good access on a major roadway for the trips which the use will generate. Church activities occur during the day and early evening, and will not conflict with the activities of surrounding residential units. Therefore, the proposed land use is compatible with surrounding land uses, and the granting of the Conditional Use Permit is appropriate. Site Development Permit The Site Development Permit includes a request for the immediate construction of a 4,488 square foot church, 133 parking spaces, and associated landscaping. A future building, of the same size as the first, is proposed for construction in the future, and will require a separate Site Development Permit. The application includes a request for a six foot high, 20 square foot monument sign, to consist of engraved lettering on natural stone. The Development Code allows up to 24 square feet for non-residential land uses in a residential zone. The proposed signage meets the requirements of the Code. The proposed permit also includes plans for parking lot lighting, consisting of pole mounted mercury vapor lights on 18 foot poles, which is within the City's standards. The lighting will be required to conform to the standards in the Development Code at the time of issuance of building permits. Site planning and design issues associated with the project are further discussed below. 9 G:\WF'DOCS\PCStfRptJevWit.WPD Architecture and Landscaping Review Committee: The ALRC reviewed the proposed landscaping and building elevations at their meeting of May 2, 2001, and recommended approval subject to conditions (Attachment 3). A number of issues were discussed by the ALRC, which are outlined below. Considerable redesign was undertaken by the applicant, which has satisfied some of the recommendations made by the ALRC, as follows: 1. Conditions #3, #6, #7 and #8 have been met. 2. Conditions #1 and #2 have been partially met. 3. Conditions #4 and #9 are still pending (see further discussion below). Public Notice This application was advertised in the Desert Sun newspaper on April 26, 2001. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. The Planning Commission continued the Public Hearing at its meeting of May 22, 2001. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. STATEMENT OF MANDATORY FINDINGS: The findings necessary to recommend approval of the Conditional Use Permit and Site Development Permit can be made, as noted in the attached resolutions with the exception of: A. Site Development Permit 1. Development Standards The building architecture has been considerably improved to comply with the ALRC recommendations made in May. However, the pilaster along the facade extends into the required 20-foot landscape setback. Condition #48 has been added requiring the building to be moved out of the 20-foot setback. The proposed project is located in an area designated for low density residential development, and should be designed to integrate into a residential neighborhood. Arched "window" elements have been added, but no windows are proposed. The arched elements will not be glass. This does not satisfy Condition #2, as o J 4) G:\WF'DOCS\PCStfRptJevWit.WPD recommended by the ALRC. The Condition of Approval has been included as Condition #42. It is further recommended that the "accent band" depicted on the elevations be required to be raised from the building facade a minimum of 4 inches, in order to provide some architectural interest. 2. Parkin The Development Code calls for one parking space for every three seats in the church. The floor plans shows a total of 200 seats, which require 67 spaces. The requirement will be doubled by the construction of the second building in the future, for a total of 134 spaces required. The project must therefore provide one additional parking space. A condition of approval has been added which requires that the final plans include 134 parking spaces. 3. Landscape Design The minimum required parking lot landscaping is 5%. Although not dimensioned, the plan appears to fall short of the requirement by approximately 125 square feet. Condition #44 has been added which requires that final plans include a demonstration that 5% of the parking lot will be landscaped. The landscaping plan proposes a desert landscaping theme. Plant size and location has been added to the revised plans. No berming is shown however, to provide visual interest. Condition #45 is included to require berming in the final landscaping plans. CONCLUSION: The Conditional Use Permit and Site Development Permit, as conditioned, represent an appropriate use of the parcel on which they are proposed. The Conditional Use Permit and Site Development Permit, as conditioned, are compatible with surrounding development in the immediate area, and in conformance with City requirements. Findings for a recommendation for approval, as noted in the attached Resolutions, can be made. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2001- , approving Conditional Use Permit 2001-058, subject to the findings and conditions. 2. Adopt Planning Commission Resolution 2001-_, approving Site Development Permit 2001-702, subject to the findings and conditions. G:\WF'DOCS\PCStfRptJevWit.WPD �,''� Attachments: 1. Location Map 2. Site Plan, Elevations and Landscaping plans 3. ALRC Minutes for May 2, 2001 Prepared by: Submitted by: Nicole Sauviat Criste, Consulting Planner OL /�f�T' 9� C Christine di lorio, Pla ning Manager ��'j5 G:\WPDOCS\PCStfRptJevWit.WPD PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH IN THE LOW DENSITY RESIDENTIAL LAND USE DESIGNATION CASE NO.: CONDITIONAL USE PERMIT 2001-058 APPLICANT: LA QUINTA KINGDOM HALL OF JEHOVAH'S WITNESSES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10th day of July, 2001, hold a duly noticed Public Hearing to consider the request of La Quinta Kingdom Hall of Jehovah's Witnesses, to allow the construction of a 4,488 square foot church building and future 4,488 church on 2.39 acres on the east side of Dune Palms Road, south of Westward Ho; and WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-8, in that the project is exempt under Section 15303; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify a recommendation for approval of said Conditional Use Permit. 1. The Conditional Use Permit is consistent with the City's General Plan in that the proposed project furthers the City's General Plan goals for a full service community. The use is consistent with the goals and policies and intent of the General Plan Land Use Element (Chapter 2). 2. The approval of this Conditional Use Permit is consistent with the Zoning Ordinance in that the church project will conform to development standards, including parking, lighting, building height, landscaping and setbacks. 3. The proposed land use will not create conditions materially detrimental to the public health, safety and general welfare or injurious to, or incompatible with other land uses in that the project will integrate into the existing neighborhood. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: G AWPDOCS\PCResoJehWitCUP.WPD tI!Jr Planning Commission Resolution 2001- Conditional Use Permit 2001-058 La Quinta Kingdom Hall of Jehovah's Witnesses Adopted July 10, 2001 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby approve Conditional Use Permit 2001-058 to allow a 4,488 church building and future 4,488 building on 2.39 acres. 3. That the project is exempt from the California Environmental Quality Act under Section 15303. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 10th day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California GAWPDOCS\PCResoJehWitCUP.WPD PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED CONDITIONAL USE PERMIT 2001-058 LA QUINTA KINGDOM HALL OF JEHOVAH'S WITNESSES J U LY 10, 2001 1. The development shall comply with Site Development Permit 2001-702, and all applicable Conditions of Approval. G:\WPDOCS\PCResoJehWitCUP.WPD PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, APPROVING SITE DEVELOPMENT PERMIT 2001-702, ALLOWING DEVELOPMENT OF A 4,488 SQUARE FOOT CHURCH BUILDING, PARKING LOT AND ANCILLARY FACILITIES ON 2.39 ACRES CASE NO.: SITE DEVELOPMENT PERMIT 2001-702 APPLICANT: LA QUINTA KINGDOM HALL OF JEHOVAH'S WITNESSES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10th day of July, 2001, hold a duly noticed Public Hearing for La Quinta Kingdom Hall of Jehovah's Witnesses for review of a Site Development Permit to allow the construction of a 4,488 square foot church building, parking lot and ancillary facilities on 2.39 acres located on the east side of Dune Palms Road, south of Westward Ho, more particularly described as: APN 649-040-013 WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 2nd day of May, 2001 recommend approval of the proposed project, by adoption of Minute Motion 2001-022, subject to conditions of approval; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Site Development Permit: 1. The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Low Density Residential land use designation, and supports the development of support services and facilities within residential neighborhoods. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance, as conditioned. The project, as conditioned meets the City's standards for height, parking, and building coverage. 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. G:\WPD0CS\PCResoJehWitSDP.WPD Planning Commission Resolution 2001._ Site Development Permit 2001-702 Kingdom Hall of Jehovah's Witnesses Adopted: July 10, 2001 4. The proposed Site Development Permit, as conditioned, is consistent with the landscaping standards in the Zoning Ordinance and implements the standards for landscaping and aesthetics established in the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby approve Site Development Permit 2001-702, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That it does hereby confirm the conclusion that the project is exempt from the California Environmental Quality Act, under Section 15303. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 10th day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California G:\WPDOCS\PCResoJehWitSDP.WPD PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 GENERAL Upon conditional approval by the Planning Commission of this development application, the City Clerk shall prepare and record, with the Riverside County Recorder, a memorandum noting that conditions of approval for development of the property exist and are available for review at City Hall. 2. 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. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public 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) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. PROPERTY RIGHTS 4. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. GAWPDOCS\PCResoJevWitCOA.WPD 1 PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 5. Right of way dedications required of this development include: PUBLIC STREETS 6. Dunes Palm Road (Secondary Arterial) - 44-foot half of 88-foot right of way. 7. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): a. Dune Palms Road (Secondary Arterial) - 10-feet Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 8. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 9. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 10. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 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. 11. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. i + 12 G:\WP1D0CS\PCResoJevWitC0A.WPD PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 12. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 13. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. GRADING 14. Applicant shall correct discrepancies in pad elevations and contour lines using correct elevations, based on known datum elevations. 15. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 16. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. t�l;t G:\WPD0CS\PCResoJevWitC0A.WPD PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 17. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 18. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 19. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 20. Stormwater shall normally be retained in common retention basin(s). Individual - lot basins shall meet the provisions of Chapter 13.24, LQMC. 21. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 22. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 23. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 24. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. t! C G:\WPDOCS\PCResoJevWitCOA.WPD PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 25. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 26. The tract shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 27. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 28. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 29. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 30. The applicant shall install an 8-foot sidewalk after the City improves Dune Palms. L? . ! G:\WPD0CS\PCResoJevWitC0A.WPD PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 31. Parking lot design shall comply with the LQMC Chapter 9.150 32. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 33. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 34. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. 35. 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. 36. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 37. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. G:\WPD0CS\PCResoJevWitC0A.WPD PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 38. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 39. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 40. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 41. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 42. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 43. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 44. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. ! 17 G:\WPDOCS\PCResoJevWitCOA.WPD PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 MAINTENANCE 45. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 46. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 47. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. COMMUNITY DEVELOPMENT DEPARTMENT 48. Prior to issuance of a building permit, the building shall be moved outside the 20-foot frontyard setback. 49. Windows shall be provided on the facade and western elevations, at a minimum. The accent bands around each window shall be raised from the wall surface a minimum of 4 inches. 50. The final project site plan shall include 134 parking spaces. 51. Landscaping within the parking lot shall be equal to or greater than 5% of the total parking lot area. This shall be demonstrated on the final landscaping plan. 52. Berms ranging from 3 to 4 feet in height shall be included in the western and northwestern landscaping islands. 53. Final landscaping and irrigation plans shall be prepared and signed by a landscape architect licensed in the state of California. 54. An archaeological monitor shall be on site during all grading and trenching activities. The monitor shall be empowered to halt or redirect activities should an artifact be located. The monitor shall collect all resources in a manner prescribed by the City's Municipal Code. A final report shall be submitted to the l G:\WPDOCS\PCResoJevWitCOA.WPD PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-702 KINGDOM HALL, JEHOVAH'S WITNESSES JULY 10, 2001 Historic Preservation Commission for approval prior to issuance of a certificate of occupancy for the first building. FIRE DEPARTMENT 55. Minimum fire flow shall be 1750 gpm, for a 2 hour duration at 20 psi residual pressure, which must be available before any combustible material is placed on the job site. 56. The required fire flow shall be available from a Super fire hydrant (6"X 4"X2.5"X2.5") located not less than 25' or more than 165' from any portion of the building as measured along approved vehicular travel ways. 57. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 58. Prior to the issuance of a building permit, applicant shall furnish one blue line copy of the water system plans to the fire Department for review. Plans must be signed by a registered Civil Engineer and the local water company with the following certification "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 59. Install portable fire extinguishers per NFPA, pamphlet #10, but not less than 2A10BC in rating. Travel distance between fire extinguishers may not exceed 75 feet. 60. Install a KNOX key lock box, model 4400, 3200 or 1300. Key lock box is to be installed, to the right side of the front door, six feet from top of box to finished grade. Q G:\WPDOCS\PCResoJevWitCOA.WPD ATTACHMENT Architectural & Landscape Review Committee Minutes May 2, 2001 3. Committee Member Bobbitt stated he had no objections to the project. 4. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2001-019 recommending approval of Site Development Permit 2001-704 subject to conditions as recommended. Unanimously approved. B. Site Development Permit 2000-701; a request of CRV La Quinta 70, Limited Partnership for review of architectural and landscape plans for two new prototype residential units each with three facades located at the northwest corner of Bellerive and Winged Foot within PGA West 1. Planning Manager Christine di lorio presented the information contained in the staff re0ort, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked staff to identify the location. Mr. Peter Bilicki noted on the plans the location. Committee Member Cunningham stated he had no issues with the project. 3. Committee Monber Bobbitt stated he had no questions or objections toe project. 4. Mr. R. C. Hobs asked for clarification as to when a compatibility review was/required. Staff explained when a compatibility review was requiyed. Discussion followed regarding compatibility. 5. There b ing no further discussion, it was moved and seconded by Commi tee Members Bobbitt/Cunningham to adopt Minute Motion 2001- 20, recommending approval of Site Development Permit 2001,Z701, subject to the conditions C. Site Development Permit 2001-702; a request of La Quinta Kingdom Hall � of Jehovah Witnesses for review of landscaping and architectural plans for a church on 2.39 acres on the east side of Dune Palms Road, between Westward Ho Drive and the Coachella Valley Storm Channel. 1. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\AI.RC5-2-OI.wpd 2 Architectural & Landscape Review Committee Minutes May 2, .2001 2. Committee Member Bobbitt asked staff to identify the location of the project. Planning Manager Christie di lorio stated it was next to the mobile home park and across from the High School. Committee Member Bobbitt asked what zoning was required for a church. Staff stated it could go anywhere with a conditional use permit. Committee Member Bobbitt stated he concurred with staff's recommendation. 3. Committee Member Cunningham stated they have a long way to go architecturally before the building elevations could be approved. The applicant needs to be more involved with the community around where the building will be built. He recognizes there may be financial constraints, but they should obtain assistance from a professional architect to add detail to the building as this building is within the public eye. 4. Committee Member Bobbitt stated he concurred. If they do not want any windows, then some type of architectural style should be added to the street frontage. 5. Committee Members Cunningham stated this is not the typical architectural style that has been approved in La Quinta. 6. There being no further discussion, it was moved and seconded by Committee Member Cunningham/Bobbitt to adopt Minute Motion 2001-022 recommending approval of Site Development Permit 2001-702, subject to the conditions as amended: a. Condition #1: replace the main gable roof with a hip roof. b. Condition #6: 1.5 inch caliper size tree. Unanimously approved. D. Sbecific Plan 121-E Amendment #4 and Site Development hermit 1UU1- 703; equest of R. C. Hobbs Company/KSL Company for review of landscapin nd architectural plans each with three facades, including perimeter lands ing for a 17.82 acre site. 1. Planning Consulta Nicole Criste presented the information contained in the staff r ort, a copy of which is on file in the Community Development De-pKtment. 2. Committee Member Bobbitt asked wh (e wall would consist of. Mr. Hobbs, the applicant, stated it would be ccoed. Committee Member Bobbitt stated his concern was that a "power wall", filled , GAWP> )OCS\ALRC5-2-01.wpd 3 ATTACHMENT WESTWARD 0 ¢ 0 w N g w n. w HIGHWAY 111 VICINITY MAP NO SCALE PH #C PLANNING COMMISSION STAFF REPORT DATE: JULY 10, 2001 CASE NO.: SITE DEVELOPMENT PERMIT 2000-669 APPLICANT/ PROPERTY OWNER: JAMES R. PAUL CONTRACTOR: IMPERIAL SIGN REQUEST: REVIEW OF A PROPOSED SIGN PROGRAM FOR AN APPROVED MULTI -TENANT INDUSTRIAL/ OFFICE BUILDING. LOCATION: 79-440 CORPORATE CENTRE DRIVE WITHIN THE LA QUINTA CORPORATE CENTRE (HIGHWAY 111 BETWEEN DUNE PALMS ROAD AND ADAMS STREET) GENERAL PLAN DESIGNATIONS: ON SITE: COMMERCIAL PARK (CP) NORTH: WATERCOURSE/FLOOD CONTROL (W) ALL OTHER: MIXED/REGIONAL COMMERCIAL (M/RC) ZONING DESIGNATIONS: ON SITE: COMMERCIAL PARK (CP) NORTH: FLOODPLAIN (FP) ALL OTHERS: REGIONAL COMMERCIAL (CR) ENVIRONMENTAL CONSIDERATIONS: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL ASSESSMENT PURSUANT TO SECTION 15311 (ACCESSORY STRUCTURES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. BACKGROUND: On March 14, 2000, the Planning Commission approved Site Development Permit 2000- 669 for a 47,000 square foot multi -tenant industrial/office building. The site for this building Page 1 falls into Specific Plan 99-036 (La Quinta Corporate Centre) approved by the City Council on September 7, 1999. The applicant, James R. Paul, is now requesting approval of a tenant sign program for said building. PROJECT DESCRIPTION: Tenant Signs: The proposed tenant signs would consist of 3/4 inch thick acrylic letters in helvetica font. These letters would be stud mounted directly to the building and would not be illuminated in any way. The applicant is proposing a combination of black and gold coloring to be integrated into each letter to provide interest and shadowing. (Attachment #1) An example of this coloring will be available at the Planning Commission hearing. Each tenant space in this building has 60 square feet of frontage. The applicant is proposing 80% sign coverage per frontage, for a maximum sign size of 48 square feet. The total height of all signs would not exceed 24 inches regardless if the sign consists of one or two lines of type. The letters would be centered on the 4 foot tall fascia of the building. Monument Sign: The applicant is also requesting to modify the monument sign that was previously approved by the Planning Commission as part of Specific Plan 99-036. (Attachment #2) The proposed monument sign would consist of a base of approximately 4 inch thick Arizona Sandstone. The letters would be sandblasted into this base. The sign, as proposed, would indicate the name of the building and the address. Directory Sign: The applicant is proposing an additional sign to be located on the rear of the building to list the current tenants. The sign would be mounted to the top left hand corner of the wall facing north toward the Coachella Valley Stormwater Channel. As proposed, the sign would be an aluminum cabinet, painted to match the building, with changeable tenant panels. The proposed size of this sign is 64 square feet. (Attachment #3) MANDATORY FINDINGS: The findings as required by Section 9.160.090(D)(3) (Sign Permit Review) of the Zoning Code can be made as noted below. Tenant Signs: The proposed tenant signs are consistent with the purpose and intent of the La Quinta Sign Ordinance. The ordinance does dictate a maximum sign size of 1 square foot per lineal foot of tenant frontage, up to a maximum of 50 square feet. The proposed sign program uses the total square footage of the frontage instead of the linear dimension. The maximum size would still be under the 50 square feet set forth in the Sign Ordinance. In addition, the proposed tenant signs are visually related to the building on which they will be placed, as well as the surrounding development(s). Page 2 Although the applicant has not specifically addressed the use of logos in the proposed tenant sign program, the issue should be addressed. Logo cabinet box signs have been considered for previously approved sign programs if a part of a formally registered trademark of the business. Logos are considered on a case -by -case basis, and usually do not exceed ten percent (10%) of the total sign area. Cabinet sign faces are required to have opaque backgrounds and no exposed raceway. In this case, any proposed logo would not exceed the 24 inch height maximum outlined above. (Condition #2) Monument Sign: The proposed change to the previously approved monument sign is consistent with the purpose and intent of the Sign Ordinance. The proposed monument sign, while different in style to the approved sign, is more consistent with the style and architecture of the building it represents. As approved by Planning Commission and City Council, the monument sign was to indicate the name of the project (La Quinta Corporate Centre), not the individual building name. Therefore, staff supports the proposed changes to the style of the monument sign, but not the text. (Condition #3) Directory Sign: The proposed directory sign was not a part of the originally approved sign program with Specific Plan 99-036. The Sign Ordinance allows directory signs such as this to be placed at the entrance of the building or complex, not on the back of a building as proposed. Table 9-18 of the Zoning Ordinance states that directory "signs are to be designated and oriented to direct pedestrian traffic". As proposed, the directory sign is not oriented toward pedestrian traffic, but toward vehicular traffic along Dune Palms Drive. Therefore, staff recommends denial of this particular sign. (Condition #4) RECOMMENDATION: Adopt Planning Commission Resolution 2001- approving Site Development Permit 2000-669, subject to the Findings and Conditions of Approval contained in the attached Resolution. Attachments: 1. Tenant Sign Program 2. Original Monument Sign 3. Proposed Monument Sign and Directory Sign Prepared by: Submitted by: _U I' Michele Rambo, Associate Planner Christine di lorio, Planning Manager Page 3 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SIGN PROGRAM FOR A MULTI -TENANT INDUSTRIAL/OFFICE BUILDING, LOCATED AT 79-440 CORPORATE CENTRE DRIVE. CASE NO. SITE DEVELOPMENT PERMIT 2000-669 JAMES R PAUL WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10' day of July, 2001, hold a duly noticed Public Hearing, at the request of James R. Paul, to consider a Sign Permit Application for a multi -tenant industrial/office building, more particularly described as: APN: 649-020-008 WHEREAS, Site Development Permit 2000-669 was approved by the Architectural and Landscape Review Committee on March 1, 2000 and Planning Commission on March 14, 2000; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify the approval of said Sign Program per Section 9.160.090 (Sign Permit Review) of the Zoning Ordinance: Sign Program. As designed and conditioned, the proposed locations and design for the tenant and monument signs provide balance and aesthetic appeal while communicating necessary information about tenants. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby approve the above described Sign Permit Application, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. Page 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 10th day of July, 2001, by the following vote, to wit: AYES: NOES. ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California Page 2 PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-669 JAMES R. PAUL JULY 10, 2001 CONDITIONS OF APPROVAL Prior to issuance of a sign permit, each tenant shall receive approval from the Community Development Department prior to installing their signs. 2. Logo cabinet box signs shall be considered on a case -by -case basis if part of a formally registered trademark for the business. These signs shall not exceed 10% of the total sign area and shall have opaque backgrounds. 3. The monument sign shall read "La Quinta Corporate Centre Industrial/Office Park" as approved in Specific Plan 99-036. 4. The proposed directory sign is not a part of this approval. Page 1 ATTACHMENT #2 c CENTER LOGO 10. - 2' DIA. i r OF ;CENTER LOCO / ID SC4 1/2 - T-0 0 PH # PLANNING COMMISSION STAFF REPORT DATE: JULY 10, 2001 CASE NO.: SITE DEVELOPMENT PERMIT 2000-682 (AMENDMENT #1) APPLICANT/ PROPERTY OWNER: WORLD GYM PALM DESERT, LLC. ARCHITECT: MARK B. VALENTINO REQUEST: REVIEW OF REVISED EXTERIOR ELEVATIONS AND LANDSCAPE PLAN FOR A PREVIOUSLY APPROVED 15,500 SQUARE FOOT FITNESS CENTER. LOCATION: 46-760 COMMERCE COURT (LA QUINTA CORPORATE CENTRE) ENVIRONMENTAL CONSIDERATIONS: THE LA QUINTA COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THE REQUEST HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 99-383, PREPARED FOR SPECIFIC PLAN 99-036 AND CERTIFIED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 BY RESOLUTION 99- 110. THERE ARE NO CHANGED CIRCUMSTANCES, CONDITIONS, OR NEW INFORMATION WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. BACKGROUND: On August 22, 2000 the Planning Commission approved the architecture and landscape plans. under Resolution 2000-052, for a 15,500 square foot fitness center. The site for this building falls into Specific Plan 99-036 (La Quinta Corporate Centre) approved by the City Council on September 7, 1999. The building is currently under construction. Page 1 PROPOSED MODIFICATIONS: The applicant is now requesting that the following revisions be approved: Architecture: As originally approved, the elevations of the building included awnings above the windows on three sides. (Attachment #1) The applicant is proposing that these awnings be deleted. (Attachment #2) Landscapio-01 The approved landscaping plan (Attachment #3) includes many 36 inch box trees and 5 gallon shrubs. The proposed landscape changes include changing the Washingtonia filifera palm trees to Washingtonia robusta, as well as decreasing the sizes of many of the trees and shrubs. (Attachment #4) REQUIRED FINDINGS: The findings outlined in Section 9.210.010 (Site Development Permits) of the Zoning Ordinance can be made as noted below. Architectural Design: The awnings approved above the windows were meant to serve many purposes. They were designed to provide both shade and visual relief to what is a rather large building with little design articulation. At the August 2, 2000 meeting of the Architectural and Landscape Review Committee, the committee members specifically discussed the use of these awnings. It was agreed that the awnings were a "nice design" and a good way to provide shade. (Attachment #5) Therefore, Staff recommends that the approved awnings not be deleted. Landscape Design: It is preferable for an applicant to plant the larger plant sizes indicated on the approved landscape plan so as to provide a mature landscape area at the time of the business opening. However, most of the proposed plants are fast-growing and native to the area, or to an area similar to our climate. Therefore, staff recommends approval of the proposed landscape changes with the following exceptions: the Shiny Xylosma, Japanese Oleander, and Dwarf Oleander shall remain 5 gallon size, while the Feathery Cassia, Mexican Honeysuckle, Sage, Texas Ranger, and Brittlebush shall be reduced to 1 gallon size. RECOMMENDATION: Adopt Planning Commission Resolution 2001- approving Site Development Permit 2000-682 (Amendment #1), subject to the conditions of approval in the attached Resolution. Page 2 e) Attachments: 1. Approved exterior elevations 2. Proposed exterior elevations 3. Approved landscape plan 4. Proposed landscape plan 5. ALRC Minutes of August 2, 2000 Prepared by: LI I C.. --a 9 ) a'�-0 Michele Rambo, Associate Planner Page 3 Submitted by: Christine di lorio, Plan ing Manager PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE REVISION OF THE ARCHITECTURAL ELEVATIONS AND LANDSCAPE PLAN OF A PREVIOUSLY APPROVED 15,500 SQUARE FOOT FITNESS CENTER, LOCATED AT 46-760 COMMERCE COURT IN THE LA QUINTA CORPORATE CENTRE. CASE NO. SITE DEVELOPMENT PERMIT 2000-682 (AMENDMENT #1) WORLD GYM PALM DESERT, LLC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10"' day of July, 2001, hold a duly noticed Public Hearing, at the request of World Gym Palm Desert, LLC., to consider an amendment to a Site Development Permit for a fitness center, more particularly described as: LOT 8 OF PARCEL MAP 29351 APN: 649-020-061 WHEREAS, Site Development Permit 2000-682 was approved by the Architectural and Landscape Review Committee on August 2, 2000 and the Planning Commission on August 22, 2000; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings, per Section 9.210.010 of the Zoning Ordinance, to justify the approval of said Site Development Permit amendment: Architectural Design. As conditioned, retaining the originally approved awnings will provide design articulation and shade for the building under construction. The architectural design of the project, including the awnings, is compatible with surrounding development and with the quality of design prevalent in the city. 2. Landscape Design. As designed and conditioned, the proposed landscape changes will provide the site with adequate landscaping. Because of the types of plants being used, reducing the size of those plants will not hinder the development of a mature landscape area. The project landscaping has been designed so as to provide visual relief and complement the building. Page 1 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 said Planning Commission in this case; 2. That it does hereby approve the above described Site Development Permit, for the reasons set forth in this Resolution and subject to the Conditions of Approval in the Staff Report. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 10th day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California Page 2 PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2000-682 (AMENDMENT #1) WORLD GYM PALM DESERT, LLC. JULY 10., 2001 GENERAL CONDITIONS OF APPROVAL 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 applicant of any claim, action, or preceeding and shall cooperate fully in the defense. 2. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Site Development Permit 2000-682, unless amended by the following conditions. 3. The building elevations approved as part of the issued building permits shall not be modified, specifically the removal of the awnings. 4. The Shiny Xylosma, Japanese Oleander, and Dwarf Oleander shrubs shall remain the approved 5 gallon size, while the Feathery Cassia, Mexican Honeysuckle, Sage, Texas Ranger, and Brittlebush shall be reduced to 1 gallon size. Page 1 ATTACHMENT #5 Architectural & Landscape Review Committee Minutes August 2, 2000 Lench stated the wrought iron is not a real increase 0 oc st but the mudded roof the is. Committee MemberQu'nningham stated random mudding does add texture and made a comparison to the Von's Plaza architecture. He suggested using a smooth stucco which is less expensive and go"with the mudded roof. Mr. Lench stated he could understand 1� use of the decorative wrought iron, but the mudded roof cQu d be an issue. 8. There being no -further discussion, it was moved and seconded Committee members Cunningham/Bobbitt to adopt Minute Motion 2000-01-6 approving Village Use Permit 2000-003, as modified: Prior to issuance of building permit add individual glass lights. 2. Replace the precast balusters with decorative wrought iron and specify the same for the staircase. C. Site Development Permit 2000-682; a request of Anthony and Wanda Matranga for approval of architectural and landscaping plans for the ( construction of a 15,500 square foot commercial building for a fitness center located within the La Quinta Corporate Centre. 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked if the rear view was closed off to public view. Staff stated that was correct. Committee Member Cunningham stated that the use of the building in this area all ties in. He likes the window shading treatment and it is a nice design. 3. Committee Member Reynolds asked if staff knew what was going in on Pads 6 and 7. Staff stated no. Committee Member Reynolds stated his concerned about the closeness of the two buildings. Discussion followed regarding a possible treatment to the upper floor of the north elevation. It was suggested the applicant could use decorative expansion joints in the plaster to create a decorative grid pattern on the second story of the north elevation. CAMy Documents\WPDOCS\ALRC8-2-OO.wpd 4 r Architectural & Landscape Review Committee Minutes August 2, 2000 4. Committee Member Cunningham asked what the material was to be used on the awnings. Staff stated it would be fixed metal. 5. There being no further discussion, it was moved and seconded by Committee Member Cunningham/Bobbitt to adopt Minute Motion 2000-016 recommending approval of Site Development Permit 2000-682 as recommended by staff with the additional condition: 2. Decorative expansion joints in the plaster shall be added to create a decorative grid pattern on the second story of the north elevation. VI. CORE ESPONDENCE AND WRITTEN MATERIAL: None VII. COMM TTEE MEMBER ITEMS: None VIII. ADJOUR MENT: There being no fur her business, it was moved and seconded by Committee Members Cunningham/Bobbi to adjourn this regular meeting of the Architectural and Landscaping Review ommittee to the next regular meeting to be held on September 6, 2000. This meetin was adjourned at 10:58 a.m. on August 2, 2000. Respectfully submitted, BETTY J. SAWYER, Executive SCretary City of La Quinta, California ,, CAMy Documents\WPDOCS\ALRC8-2-OO.wpd 5 `.1 8 PH #1 PLANNING COMMISSION STAFF REPORT DATE: JULY 10, 2001 CASE NUMBERS: ENVIRONMENTAL ASSESSMENT NO. 2001-425 AND CONDITIONAL USE PERMIT NO. 2001-060 APPLICANT: VERIZON WIRELESS (STEVEN RAKHSHANI, PROJECT MANAGER) PROPERTY OWNER: COACHELLA VALLEY WATER DISTRICT (C/O RUTH DEARDEN) LOCATION: APPROXIMATELY 534 FEET NORTH OF HIGHWAY 111 AND 1,156 FEET WEST OF ADAMS STREET WITHIN THE ONE ELEVEN -LA QUINTA SHOPPING CENTER REQUEST: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) INSTALLATION OF A 60-FOOT HIGH WIRELESS ANTENNA CAMOUFLAGED AS A PALM TREE (MONOPALM PROTOTYPE DESIGN) AND RELATED 230 SQUARE FOOT ONE STORY EQUIPMENT BUILDING FOR CELLULAR TELEPHONE SERVICE REPRESENTATIVE: ED KRUGMAN (02 WIRELESS SOLUTIONS) ENVIRONMENTAL CONSIDERATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT NO. 2001- 425. BASED UPON THIS ASSESSMENT, THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE ENVIRONMENT; THEREFORE, A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IS RECOMMENDED FOR CERTIFICATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUTES. SrPC Verizon CUP60 - 49 Greg 4/27 No response; 7/2; 7/3 Page 1 GENERAL PLAN DESIGNATION: MIXED REGIONAL COMMERCIAL WITH NONRESIDENTIAL OVERLAY ZONING DESIGNATION: CR/REGIONAL COMMERCIAL WITH NONRESIDENTIAL OVERLAY (SPECIFIC PLAN NO. 89-014, AMENDMENT #2) SURROUNDING LAND USES: NORTH: REGIONAL STORMWATER CHANNEL SOUTH: SHANGRI-LA RESTAURANT EAST: VACANT (ONE ELEVEN -LA QUINTA SHOPPING CENTER) WEST: SAME BACKGROUND: The project site is located within the existing One Eleven -La Quinta Shopping Center generally 534 feet to the north of Highway 111 and 1,156 feet west of Adams Street within an existing Coachella Valley Water District (CVWD) well site (Attachment #1) that is screened by a 5'-6" high tan split -face masonry wall. Site improvements were installed in the early 1990's for this 0.41 acre public agency facility, pursuant to the requirements of Specific Plan 89-014. On March 15, 2001, the Community Development Department approved Minor Use Permit No. 2000-259 allowing a temporary Verizon communication antenna at this site for a six- month period, subject to a minimum of two Date Palm trees being planted to screen a 58- foot high telescopic antenna mounted on a self-contained trailer from visibility of Highway 111, an Primary Image Corridor. These temporary improvements have been installed. Project Request Verizon Wireless is requesting approval to install a permanent 60' high digital cellular telephone antenna inside the 120-foot wide by 150-foot long CVWD well site abutting a paved, two lane service road for the shopping center near the north property line (Attachment #2). The monopole antenna is designed to replicate a palm tree with the support pole being covered in brown fiberglass bark. Antenna mast arms and a small receiver dish are concealed within flexible resin palm fronds. Including palm fronds, the height of the monopalm is 65' tall. Date palm trees, ranging in height from 25' to 35' have been installed by the applicant to the west and southwest of the proposed monopalm antenna creating a clustered, triangular design element (approx. 15' to 25' spacing). SrPC Verizon CUP60 - 49 Greg 4/27 No response; 7/2; 7/3 Page 2 r� %tOf Photographic simulation graphics have been provided with the application illustrating the placement of the monopalm inside the CVWD well site. The height of the antenna is based on radio frequency transmission needs factoring in changes in topography and man-made structures, ensuring communications with other Valley -wide Verizon antennas. The applicant is leasing this antenna site from the property owner and also proposes installing an unmanned equipment building at the northeast corner of the well site measuring 1 V-5" by 20'-0". This structure is clad in stucco with a nearly flat roof and does not exceed 11-feet high. Access to the building is located on the west side of the structure providing access; wall mounted air-conditioning units are planned for the north side of the building. A 8-foot high masonry wall is proposed to encircle the new equipment building. Public Notice - The case was advertised in the Desert Sun newspaper on June 18, 2001, and mailed to surrounding property owners as required by Section 9.210.020 of the Zoning Ordinance. To date, no written correspondence has been received. Public Agency Review - The applicant's request was sent to responsible agencies, and any pertinent comments received have been incorporated into the Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings necessary to certify a Mitigated Negative Declaration of Environmental Impact and approve Conditional Use Permit 2001-060 can be made and are contained in the attached Resolutions. RECOMMENDATION: Adopt Planning Commission Resolution No. 2001- to certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-425, prepared for Conditional Use Permit 2001-060. 2. Adopt Planning Commission Resolution No. 2001- approving Conditional Use Permit 2001-060, subject to the attached Findings and Conditions of Approval. Attachments: 1. Site Plan 2. Elevations SrPC Verizon CUP60 - 49 Greg 4/27 No response; 7/2; 7/3 Page 3 u 0 3 Submitted by: Christine di lorio Planning Manager AASRFIC Verizon06O 6-01.wpd PLANNING COMMISSION RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CONDITIONAL USE PERMIT 2001-060 ENVIRONMENTAL ASSESSMENT 2001-425 APPLICANT: VERIZON WIRELESS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 101h day of July, 2001, hold a duly noticed Public Hearing to consider Environmental Assessment No. 2001-425 for Conditional Use Permit 2001-060, generally located 534 feet north of Highway 1 1 1 and 1,156 feet west of Adams Street within the One Eleven -La Quinta Shopping Center, more particularly described as follows: Assessor's Parcel No.: 643-080-015 CVWD Well Site #5712 (One Eleven -La Quinta Shopping Center) 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 2001-425) and has determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact should be filed to supplement EA 89-150 prepared for Specific Plan 89-014 and certified by the City Council on April 17, 1990; 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 certification of said Environmental Assessment: 1 . The proposed Conditional Use Permit 2001-060 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment. Residential properties are not located abutting this telecommunication facility. 2. The proposed Conditional Use Permit 2001-060 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 P:\GRE:G\EA PCResoVerizon.wpd Planning Commission Resolution No. 2001-_ Environmental Assessment 2001-425 Verizon Wireless July 10, 2001 Page 2 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 Conditional Use Permit 2001-060 does 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 Conditional Use Permit 2001-060 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 Conditional Use Permit 2001-060 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 the Environmental Assessment 2001- 425 and the Environmental Assessment reflects the independent judgment of the City, supplementing EA 89-150 which was certified by the City Council on April 17, 1990. 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. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: PAGREMEA PCResoVerizon.wpd i�a�� Planning Commission Resolution No. 2001-_ Environmental Assessment 2001-425 Verizon Wireless July 10, 2001 Page 3 1 . That the above recitations are true and correct and constitutes the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2001-425 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. Environmental Assessment 2001-425 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 10t' day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\GRE:G\EA PCResoVerizon.wpci Environmental Checklist Form 1. Project Title: Conditional Use Permit 2001-060 and EA 2001-425 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Greg Trousdell, 760-777-7125 4. Project Location: One Eleven -La Quinta Shopping Center, 534 feet north of Highway 1 1 1 and 1,156 feet west of Adams St. 5. Project Sponsor's Name and Address: Verizon Wireless 15505 Sand Canyon Ave. Irvine, CA 92618 949-286-7000 6. General Plan Designation: Mixed Regional Commercial with Nonresidential overlay 7. Zoning: CR - Regional Commercial (Nonresidential overlay); Specific Plan 89-014 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.) Conditional Use Permit to allow the installation of a 60' high telecommunications monopalm and associated small equipment building measuring 11'5" wide by 20' long within a Coachella Valley Water District well site. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. The proposed project site is immediately surrounded by vacant, graded commercial properties and immediately south of a Valley -wide stormwater channel. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) CVWD (lease) La Quinta Building and Safety Department and Fire Marshal Imperial Irrigation District FCC and/or Calif. PUC P:\GREG\EACk1stVerizonCVWD.WPD 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 Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. �-1 I find that although the proposed project could have a significant effect on the 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 applicant. 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. a I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" 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 p su to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier , incl ding revisions or mitigation measures that are imposed upon the proposed project, n &ng fu her is required. 4 _ June 19, 2001 Rb44e Date GREG TRi`JASDELL CITY OF LA QUINTA Printed Name `) P:\GREG\EACkIstVerizonCVWD.WPD 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 reference 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) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less 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 XVIII, "Earlier Analysis," 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). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. P:\GREG\EACk1stVerizonCVWD.WPD I. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.; EA 89-150) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32 and EA 89-150) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map); EA 89-150 c) Involve other changes in the existing environment which, due to their :location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR EQUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a 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) d) Expose sensitive receptors to substantial pollutant concentrations'? (Application materials) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X P X X X X X X e) Create objectionable odors affecting a substantial number of people? (Appi'.ication materials) X IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, 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? (Application materials, General Plan EIR p. 4-65 ff. and EA 89-150) Mitigation fees for the CV Fringed -toed Lizard Habitat Conservation Program have been paid. b) Have a substantial adverse impact on 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? (General Plan EIR p. 4-65 ff. and EA 89-150) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (General Plan EIR p. 4-65 ff. and EA 89-150) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (General Plan EIR p. 4-65 ff. and EA 89-150) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan and EA 89-150) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5 and EA 89-150) X X X X X X V. CUL'rURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical X resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Application materials, General Plan EIR p. 4-77 ff. and EA 89-150) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (General Plan EIR p. 4-77 ff. and EA 89-150) This site, and surrounding areas, were excavated and artifacts have been archived (UCRARU #1023). c) Disturb or destroy a unique paleontological resource or site? (General Plan EIR p. 4-77 ff. and EA 89-150) d) Disturb any human remains, including those interred outside of formal cemeteries? (General Plan EIR p. 4-77 ff. and EA 89-150) 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, 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? (General Plan EIR, Exhibit 4.2-3, page 4-35, and EA 89- 150) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff., and EA 89-150) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff. and EA 89-150) iv) Landslides? (General Plan EIR, page 4-30 ff., and EA 89-150) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.; and EA 89-150) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.; and EA 89-150) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code, creating substantial risks to life or property'? (General Plan EIR, page 4-30 ff.; and EA 89-150) e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32; and EA 89-150) X X X X X X X X X X X V11. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials and May 22, 2001 Verizon Radio Frequency Emission Study) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials and May 22, 2001 Verizon Radio Frequency Emission Study) d) Is the project located on a site which is included on a list of hazardous materials sites complied 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 and EA 89-150) e) For a project located within an airport 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 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 physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map and EA 89-150) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27; EA 89-150 and CVWD Letter of 5-9-01) b) Substantially deplete groundwater 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 (i.e., 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, page 4-57 ff., and EA 89-150) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? ;Master Environmental Assessment 6-13; and EA 89-150) X X X X X X X X K4 d) Substantially alter the existing 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? (Master Environmental Assessment 6-13; and EA 89-150) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Master Environmental Assessment 6-13; EA 89-150 and Application materials) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13; and EA 89-150) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13; EA 89-150 and CVWD letter) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11; and EA 89-150) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5; and EA 89-150) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29; and EA 89-150) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29; and EA 89-150) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Application Materials) b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? (Application Materials) X F.q 1/ F.9 KI V:/ X R9 ►9 X c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Application Materials) d) For a project located within an airport 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? (Application Materials) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) XII. POPULATION AND HOUSING: Would the project: A) Induce substantial population growth 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 and EA 89-150) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) 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, page 4-3 ff.) Police protection? (General Plan MEA, page 4-3 ff.) Schools? (General Plan MEA, page 4-9 ff.) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff.) M /:/ X X X X i i XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) X XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is 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)? (Application materials) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Application Materials) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application Materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application Materials) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4- 24) b) Require or result in the construction of new water or wastewater treatrent facilities or expansion of existing facilities, the construction of which could cause significant environmental effects'? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Arc; sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, page 4-28) X X X X X X X X X X X X X 10 �I1`;' XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to 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 achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are 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 project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSES. X X K/ X 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. No earlier analyses specific to this project site have been used. 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. See attached Addendum. SOURCES: Master Environmental Assessment and General Plan for the City of La Quinta, 1992 (as amended). SCAQMD CEQA Handbook. Paleontological Lakebed Delineation Map, City of La Quinta. City of La Quinta Municipal Code One Eleven La Quinta Shopping Center (Environmental Assessment 89-150); City Council Resolution 90-27 adopted April 17, 1990 May 2:2, 2001 Verizon Radio Frequency Emission Study Public Agency Letters on file with the Community Development Department , d 18 11 Addendum to Environmental Assessment 2001-425 I. a) The proposed monopalm communication antenna is sited away from scenic arterial roadways and will be concealed by existing on- and off -site trees and commercial buildings. Two Date Palm trees measuring 25 feet and 35 feet high flank the monopalm to lessen its visibility from off -site properties. The impacts to aesthetics will not be significant. P:\GREG\EAAddendumVerizonWeII.WPD 0 0 00 O M 0 0 N 00 -2 th h N w On U F A F d A � U a U OU Cd o - Q -s CISU u � Q U oQ rn a, cz. U E-1 on b O O En En CA cn U U U x � 0-0 �F O v Q a rn o o Q W C� � ai U V U U Q O � O Cd a O "Cj cl Q cct V� Qq d N cd 3 d b W a O U o w H d A � U �WA au OU d �o cd o cz U o c� z � Q b Cd a `d Wz ocd �o > ej z zQQ o x U a C CA 01 oN 0-4 w xCdo o °v� W A � U o > �D �.� U U X o o o F+ v >, N o U d >t5Pl. .0 A A W W d XU d a WxUW OU UV U W U � W b U � U �o 0 on 0.0 .� H H o o18 a � a x w a. U Q 2 z ° a b d C `i' r olCd Cd xi °a C40 CA a a o � O d OA vi co m O O 'cd U co o CO Q Q � � a oa U Q cn W U P. U b o y � O a� > b cl 3 3 � �'. C En � � O H d A U � A a� OU U F a� i.7 0 N U O O a O� w� a � EN zz Cd Q Wad a � v o Cd HCd a Cd a � d U a F d A U PQ A a U OU U G� F z a O� z �o z 0.4 4 Oz O a v „ o � z y�o d �Oo un N U N O t7 V) z U r. O c H F 1U.i O pop PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 60- FOOT HIGH MONOPALM COMMUNICATION ANTENNA AND RELATED 230 SQ. FT. ONE STORY EQUIPMENT BUILDING WITHIN CVWD WELL SITE #5712 CASE NO.: CONDITIONAL USE PERMIT 2001-060 APPLICANT: VERIZON WIRELESS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10th day of July, 2001, hold a duly noticed Public Hearing, at the request of Verizon Wireless, to consider a 60-foot high wireless radio communication antenna and related one story equipment building within CVWD Well Site #5712, more particularly described as: Assessor's Parcel Number 643-080-015; WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify approval of said Conditional Use Permit: 1 . The design and improvements of the proposed monopole are consistent with La Quinta General Plan Policy 7-1.4.10 that requires utilities and communication facilities to blend in with the desert environment and surrounding improvements. Recently installed Date Palm trees adequately conceal the monopole antenna from Highway 1 1 1 along with existing mature trees planted in the parking lot area for the shopping center and Highway 111 frontage businesses. 2. The proposed monopalm antenna and equipment building are consistent with current standards of the Zoning Code (Section 9.170.010, Commercial Communications Towers) and Chapter 9.65 in that potential adverse visual effects have been mitigated by design of the structures through the use of Date Palm trees, masonry fencing, and stucco coated structure walls. 3. The design of the monopalm antenna and equipment building is not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department, Community Development Department, Public Works Department, and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. Although this area of the City supports commercial, the nearest single family houses are located more than 500-feet north of this monopalm site. ResoCUP60 Verizon - p/greg R 4/27 (none); 7/2 Planning Commission Resolution 2001-_ Conditional Use Permit 01-060 Verizon Wireless July 10, 2001 4. The design of the monopalm antenna and equipment building is not likely to cause substantial environmental damage, or substantially, and unavoidable injure fish or wildlife, or their habitat, in that the Mitigated Negative Declaration of Environmental Impact did not identify any significant impacts for this issue. Urban improvements will envelop the site once the shopping center is completed. 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 said Planning Commission in this case; 2. That it does hereby confirm the conclusion of EA 2001-425 certifying a Mitigated Negative Declaration for this case pursuant to the requirements of the California Environmental Quality Act; and 3. That it does hereby approve the above described Conditional Use Permit, 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 10' day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\GREG\ResoPC CUP60Verizon.wpd PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2001-060 VERI7-ON WIRELESS JULY 10, 2001 CONDITIONS OF APPROVAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional 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. 2. Prior to the issuance of an improvement or building permit, the applicant shall obtain permits and/or clearances from the following public agencies, or departments: • Community Development Department • Riverside County Fire Department (Letter dated May 9, 2001) • Coachella Valley Water District (Letter dated May 9, 2001) • Imperial Irrigation District (Letter dated June 13, 2001) • Federal Communication Commission (FCC) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 3. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Conditional Use Permit 2001-060, unless amended by the following conditions. 4. This approval of Conditional Use Permit shall be used within one year; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction toward installation of antennas and equipment cabinets as allowed by this approval. CONDCUP60 Verizon - 49 greg R4/27 Page I of 2 ,) l Planning; Commission Resolution No. 2001 Conditional Use Permit 2001-060 Verizon Wireless July 10, 2001 FEES AND DEPOSITS 5. The applicant shall pay 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 the plan checks, permits, and inspections. 6. The applicant shall submit to the Community Development Department a check payable to the County of Riverside for $78.00 for recording of EA 2001-425. MISCELLANEOUS 7. Permanent irrigation watering on a timer system shall be installed for the two Date Palm trees. 8. Prior to a final inspection, all temporary facilities allowed by MUP 2000-259 shall be removed, unless otherwise allowed by the Community Development Director. 9. Any new wall enclosures shall be constructed using matching materials to existing facilities. FIRE DEPARTMENT 10. Install a portable fire extinguisher (minimum 2A10BC) inside the equipment building. IMPERIAL IRRIGATION DISTRICT 11. Before any cranes, forklifts, or other aerial equipment are raised, please check for overhead wires pursuant to the provisions of California Title 8 (Electrical Safety Orders). Non -qualified electrical workers can get no closer than 6 feet from IID distribution lines and no closer than 10 feet from transmission lines. People operating boom type lifting or hoisting equipment can get no closer than 10 feet from IID distribution lines and not closer than 17 feet from transmission lines. 12. If ground excavation is required, even for seemingly benign applications such as anchoring a tent, please contact Underground Service Alert (USA). This service is free of charge provided USA is given at least two working days' notice (800- 227-2600). CONDClJP60 Verizon - 49 greg R4/27 Page 2 of 2 ATTACHMENTS N/D � 0W1-ML IMI Y10 Vi 'lvu '3R MYNVJ A4 49R1 wryau MnMOWW w1 uw.�w�TMui .SS3%32i ILMLLIan — ! "PIPS cc� - o , 31N0 03AObd& lb3O nSNO1 / bIIMM ULeiJw INgr4w / / / / / / / 533.ON ONY NY1d 33.I5 wmw. uom yaw � N �� lAp v �N[4[ t CSR6 q 'V11afID n U3b15 NOl'JNIHSVM • 111 AVMHOW 31V15 O boMNtY IF �Un �Ou iV s� bhOpt��j p q is x pow 83 8Ng3 Ye E W 0 �$ i oW G� Co g�p J� H � LIN �E uS & Lfa J� X II' I Mm �� „^� amt-s twl nm n �... av idMe avw mcn SNOTIVA319 LW3 ONtl H130N a SS373N1MUaZNal1 sd wo!18p5 Sf8t81!�LO , I •W v., �I•,LLw,,. • /� fSLZB w YINIM ry vw L O �v /� /��O/e� / \ 133tl15 .g1�MN5VM A Itl AVMN'Jw 31v15 alw oAnouaar lno J• 71VJ,RH VINif18 tl7 xv,+mxo° / xa�mn uvww W� c� la r. his Y< Y*a Ax � F j o��t In KIN COS t y / j t;1 Ijl� 0 Z N pig O Yea � oY 9.m R�: of L E a E,Atl rvS P�6N< n 3 0 ill!r:l o $R& ooe �iR C giS _ W i tl U U{,I lint. Alt i g W PH #F PLANNING COMMISSION STAFF REPORT DATE: J U LY 10, 2001 CASE NUMBER: SITE DEVELOPMENT PERMIT 99-651, AMENDMENT #1 APPLICANT: KSL DEVELOPMENT CORPORATION (C/O MS. CYNTHIA ZAMOREZ, DIRECTOR OF LAND MANAGEMENT/PROJECT DIRECTOR) PROPERTY OWNER: KSL HOTEL LAND, L.P. LOCATION: 55-900 THROUGH 55-940 PGA BOULEVARD, PGA WEST COUNTRY CLUB REQUEST: AMEND CITY COUNCIL CONDITION OF APPROVAL (CONDITION #17 OF RESOLUTION NO. 99-71) THAT REQUIRES REMOVAL OF THE EXISTING CORPORATE OFFICE MODULAR UNITS ON JUNE 1, 2001, TO BE EXTENDED TO NOVEMBER 30, 2001 (SIX MONTHS). ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN PREVIOUSLY ADDRESSED IN CONJUNCTION WITH ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #83062922) FOR SPECIFIC PLAN 83- 002) WHICH WAS CERTIFIED ON MAY 15, 1984. NO CHANGES CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT EIR. GENERAL PLAN LAND USE/ZONING DESIGNATIONS: TOURIST COMMERCIAL AND GOVERNED BY SPECIFIC PLAN 83-002, AMENDMENT #4 (CITY COUNCIL RESOLUTION NO. 2000-130) ST PC SDP 651 Ext. KSL - 50 Greg T.; R 6/1 (None), 6/11; Resp. 6/26; 7/2, 7/5 Page 1 BACKGROUND: The four -acre site on PGA Boulevard has approximately 21,000 square feet of KSL office space within temporary modular units, a paved parking lot for 91 vehicles and perimeter landscaping improvements. Temporary fencing with green mesh on PGA Boulevard was installed in 1998 (Attachment #1). This site is encircled to the south by vacant tourist commercial parcels, to the east by the existing golf course, to the north by existing single family houses, and to the west by PGA Boulevard. In 1999, the applicant applied for a Site Development Permit to relocate temporary office modular units (9,600 square feet) at the southern terminus of PGA Boulevard (56-1-40 PGA Boulevard) to the current location due to construction activity at the original location by Centex Homes. On May 11, 1999, the Planning Commission approved Site Development Permit 99-651 approving the enlargement of the temporary office complex to 14 modular units on the existing site, subject to conditions (Attachment #2 - Planning Commission Minutes). Condition #18 required removal of the proposed and existing modular offices by June 1, 2002 (i.e., three year permit). On appeal, the City Council on June 1, 1999, on a 3-2 vote, adopted Resolution No. 99-71 approving KSL's temporary office complex provided landscaping improvements were made to screen the modular units and removal of all modular buildings occurred by June 1, 2001 (i.e., Condition #17). A copy of the Minutes is attached (Attachment #3). Amendment Request The applicant has requested to modify Condition #17 of City Council Resolution No. 99-711 to allow the KSL facilities to remain until November 30, 2001. The applicant's request will allow time to complete construction of their permanent corporate offices at the; northwest corner of Calle Tampico and Avenida Bermudas, pursuant to Village Use Permit 2001-07 that was approved on March 6, 2001, under Resolution No. 2001- 07. Construction plans for development of the permanent offices were submitted on June 19, 2001, and are pending final approval by the City. A rough grading permit was issued by the Public Works Department on June 4, permitting site clearing and watering. It is anticipated that construction permits will be issued shortly with construction work beginning this month. ST PC SDP 651 Ext. KSL - 50 Greg T.; R 6/1 (None), 6/1 l; Resp. 6/26; 7/2, 7/5 Page 2 Public Hearing Notice - This case was advertised in the Desert Sun newspaper on June 28, 2001, and notices were also sent to property owners within 3,500-feet of the site. To date, no comments have been received. Any comments received will be handed out at the meeting. STATEMENT OF MANDATORY FINDINGS: Findings necessary to recommend approval of this Amendment request can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt: Planning Commission Resolution 2001-_, recommending to the City Council approval of Site Development Permit 99-651 (Amendment #1), subject to Findings and Conditions of Approval. Attachments: 1 . Site Plan Exhibit 2. Planning Commission Minutes of May 11, 1999 (Excerpt) 3. City Council Minutes of June 1, 1999 (Excerpt) Submitted by: Christine di lorio, Planning Manager ST PC SDP 651 Ext. KSL - 50 Greg T.; / R 6/1 (None), 6/11; Resp. 6/26; 7/2, 7/5 Page 3 PLANNING COMMISSION RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT ALLOWING CONTINUED USE OF THE EXISTING MODULAR OFFICE UNITS IN PGA WEST UNTIL NOVEMBER 30, 2001 CASE NO.: SITE DEVELOPMENT PERMIT 99-651, AMENDMENT #1 APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 101h day of July, 2001, consider the request of KSL Development Corporation for KSL Hotel Land L.P. to allow continued use of modular office units until November 31, 2001, on a four -acre site located approximately 4,500 feet south of Avenue 54 and east of PGA Boulevard (55-910 through 55-940 PGA Boulevard), more particularly described as: Assessor's Parcel No.: Portion of 769-730-001 WHEREAS, said Site Development Permit Amendment has been determined to be exempt from review because the site is located within PGA West (Specific Plan 83-002). Environmental Impact Report (State Clearinghouse #83062922) was certified by the City Council in 1984 for SP 83-002. No changed circumstances or conditions and no new information is proposed which would trigger the preparation of a subsequent EIR 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 a recommendation for approval to the City Council of said Amendment, pursuant to Section 9.210.010 of the Zoning Code: 1 . The existing site improvements are consistent with the goals and policies of the La Quinta Zoning Ordinance in that interim facilities have been determined to be ancillary to the management of the golf courses and land sales program under Specific Plan 83-002 (Amendment #4). 2. Site improvements, as installed, comply with the requirements of City Council Resolution No. 99-71 . 3. Existing perimeter fencing and landscaping buffer the temporary buildings from view of adjacent properties. 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 0J A:\RE;30PCSDP651 EXT Trailer.wpd - 50 Greg T Planning Commission Resolution No. 2001- Site Development Permit 99-651, Amendment #1 July 10, 2001 Page 2 2. That it does hereby recommend to the City Council approval of Site Development Permit 99-651 (Amendment #1) 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 City Planning Commission held on the 101h day of July, 2001, by the following vote, 'to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, CHAIRMAN City of La Quinta, California ATTEST: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR City of La Quinta, California A:\RES0PCSDP651 EXT Trailer.wpd - 50 Greg T PLANNING COMMISSION RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-651, AMENDMENT #1 JULY 10, 2001 GENERAL 1 . The property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any legal claim or litigation arising out of the City's approval of this Amendment request. The City of La Quinta shall have right to select its defense counsel in its sole discretion. 2. Prior to the issuance of any grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department • Community Development Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) The applicant/developer is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. FEES AND DEPOSITS 3. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. LANDSCAPING 5. Speeimen trees having a- 11 54-1 -e-361' box or larger size 919ali CondCC SDP651 - 50 GREG Page 1 of 3 Planning Commission Resolution No. 2001- Site Development Permit 99-651, Amendment #1 July 10, 2001 Page 2 Existing temporary landscaping improvements for this 4 acres site shall be maintained in a healthy state until removal of the temporary office complex occurs. Any landscaping that is to be retained until future development of the site shall be maintained by the property owner pursuant to the requirements of Specific Plan 83-002 and Zoning Ordinance. FIRE MARSHAL 6. Provide or show there exists a water system capable of delivering 2,500 g.p.m. for a 2-hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 7. The required fire flow shall be available from a Super hydrant(s) (6"X 4"X 2.5"X 2.5") located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travel ways. 8. Prior to building permit issuance, applicant/developer will furnish one blueline copy of the water system plans to Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " 9. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 10. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. The ordering forms are available by contacting the Fire Marshal's office at 760-863-8886. LIGHTING 11. Exterior lighting plans shall be approved by the Community Development Department Director prior to issuance of building permits. CondCC SDP651 - 50 GREG Page 2 of 3 Planning Commission Resolution No. 2001- Site Development Permit 99-651, Amendment #1 July 10, 2001 Page 3 ARCHITECTURAL/SITE DESIGN 12. No roof mounted mechanical equipment is permitted. MISCELLANEOUS 13. All agency letters received for this case are made part of the case file documents for plan checking purposes. 14. Prior to building permit issuance, trash and recycling areas for the project shall be approved by the Community Development Department pursuant to Section 9.60.220 of the Zoning Ordinance. The plan will be reviewed for acceptability by the applicable trash company prior to review by the Community Development Department. 15. Permanent identification signs for the development shall be lit by an indirect source as required by Chapter 9.160 (Signs) of the Zoning Ordinance. Temporary and permanent signs for the development shall be approved by the City prior to installation. 16. Temporary storage containers are not permitted to be used unless separately approved by the Community Development Department. 17. All existing interim modular units and their related temporary improvements (i.e., parking, perimeter fencing, etc.) shall be removed by November 30, 2001. No construction materials shall be stored at the site thereafter, unless otherwise approved in writing by the Community Development Director. CondCC SDP651 - 50 GREG Page 3 of 3 ATTACHMENTS Iv • Attachment 2 planning Commission Minutes May 11, 1999 2. There bein questions of staff, Chairman Tyler ed if the applicant would I' to add�C- am)lis the Commission. Mr. D tark, representing the s, stated purpose of the request. 3, airman Tyler asked if the applic had any problem with staffs recommendation. Mr. Stark stated had no objection. Chairman Tyler stated he hated to see the deletio the landscaping on the east side. Mr. Stark stated the manufacturers not want to hide the vehicles behind trees and bushes and they were t g to meet their demands. 4. Chairman Tyler asked ' yone else would like to speak on this item. There being no further p is comment, the public participation portion of the hearing was clos and opened to Commission discussion. $. Commissio Abels stated the landscapi/vonded 11 should remain a proved by the City Council to ighway 111 Desig uidelines. 6. re being no further discussion, it seconded by ommissioners Kirk/Robbins to adopt PlanResolution 99- 044 recommending to the City Council apprlopment Permit Amendment #2, subject to the Findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. ation for F. Site Development Permit 99-651; a request office KSL modularecreation nnits fromothersouthern rpr approval to relocate existing corporate terminus of PGA Boulevard to a four acre site developed with existing interim uses in the Tourist Commercial District pursuant to Specific Plan 83-002. 1. Chairman Tyler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL Recreation Corporation, state the purpose of their application. He then questioned Condition #8 and stated the Fire Department had agreed to remove. Iq iJ C:Wy Documents\WPD0CS\PC5-11-99.wpd 14 Planning Commission Minutes May 11, 1999 3. Commissioner Robbins asked the applicant to identify what the purpose of the building. Mr. Haag indicated the uses on the map. 4. Chairman Tyler asked if anyone else would like to speak on this item. 5. Ms. Kelly McGalliard, representing PGA West Residential Association, stated her confusion as to the uses reported by Mr. Haag as being interim as no specific time period has been identified. The Association is asking that a time period be identified as the proposed uses are not compatible and there are alternate sites that could be used. The removal will enhance the surrounding area, but the relocation and addition would not. 6. Commissioner Kirk asked Ms. McGalliard what she was asking for was the definition of interim only. Ms. McGalliard stated their ultimate goal is to have the Commission deny the project, and if not, at least define how long temporary would be. Commissioner Kirk asked what time limit they want. Ms. McGalliard stated they were given a year on their request and an evaluation after that. 7. Mr. Arthur Brant 55-605 Pebble Beach, stated he was there to verify that the surrounding neighbors objected to this application and also asked that Mr. May's letter be included with their objections. When he purchased his home they were told that as soon as the resort clubhouse was built the modular units would be removed. They are not going away, but rather growing in numbers. Their view is of the mountains and the temporary buildings, can be seen. In addition, existing the sales building is up for review and they are voicing an objecting to its use as well. The private clubhouse looks directly down on these units. None of the other clubs in the Valley have this type of use for their offices. g. Commissioner Kirk asked Mr. Brandt about the letter dated February, 1999. Mr. Brandt stated this was the letter of objection to the sales office for Montecito. 9. Mr. Charles Hathaway, 55-405 Pebble Beach, stated he had lived here for quite a while, and asked staff if they had looked at this site from Pebble Beach. He would hope that the commission/staff would look at the site and determine the impact these trailers would have on the area. There is no indication that the screen presently surrounding the use would be moved, or removed. Generally "temporary" means less than permanent and Mr. Haag CAMy Documents\WPDOCS\PC5-11-99.wpd 15 • Plamning Commission Minutes May 11, 1999 has indicated this use will lead into something else. The plan.submitted by the applicant is not complete as the applicant has indicated the layout will change. How many additional temporary buildings will be moved onto the site in the future, or temporary containers as are now existing. He would ask the Planning Commission to deny this application and require the applicant to relocate to the southeast corner of Jefferson Street and 54th Avenue, at the entrance to PGA West as this would not infringe on any ones view. 10. Dr. Alexander Korn, Pebble Beach, stated he agrees with what has been said and there are alternative sites. He was unable to paint his house grey, or place awnings on his house, therefore, why should they be allowed to make exceptions. 11. Mr. Lang Lichliter, 55-920 PGA Boulevard, KSL, appreciates what has been said and he agrees there are better solutions, but there is an issue of timing. Sometimes you can be oblivious to the impact on the adjacent homeowners. They met with the homeowners and tried to address and clean up the area to meet the concerns of the homeowners. What they are requesting will not impact the existing homeowners. What is there is impacting them. They do recognize the need to move due to the impact on the homeowners, but they need to make this move at some reasonable point in time. The potential alternative locations do exist, but are not viable due to the time factor and need to move now. 12. Chairman Tyler asked if Mr. Lighliter if he didn't agree that this was not architecturally compatible. He also asked for the definition of temporary. Mr. Lichliter stated there is a need for temporary facilities to get through the whole phase of construction. There is no definitive definition of temporary. 13. There being no further public comment, the public participation portion of the hearing was closed and opened to Commission discussion. 14. Commissioner Abels asked if a time frame of two to three years would be acceptable. KSL has been cooperative with the City and there have not been any issues and he would think that the issues between the HOA and KSL could be worked out in a time period that is agreeable to both. 15. Chairman Tyler stated the proposed use is legal in this zone. The issue is how long is temporary. What opportunities does the Commission have? City Attorney Dawn Honeywell indicated it is reasonable to state a time in consideration of what the purpose is. There are no specifics that guide this -in the current Specific Plan. k,13 C:\I"y Documents\WPDOCS\PC5-11-99.wpd 16 Planning Commission Minutes May 11, 1999 16. Commissioner Robbins stated he thought KSL had made a good effort to hide what is there. If the Commission wanted to they could retroactively condition the exiting buildings to a time frame. City Attorney Dawn Honeywell stated the Commission could. The Specific Plan is a legal document and the City Council could direct staff to bring it back and place specific time frames on it. Short of doing that, the Commission could place some time issues on it. 17. Commissioner Abels stated that if the Commission approved or denied the request, the applicant, or the other parties could appeal the decision. 18. Commissioner Kirk stated that in an effort to reach a compromise, they should define temporary as two years, but within one year KSL should file a progress report with an alternative site offered. 19. Commissioner Robbins stated he concurred, but he would have to state that this use is better than a 1,000 room hotel. 20. Commissioner Abels suggested three years and a review in two years. 21. There being no further discussion, it was moved and seconded by Commissioner Kirk/Robbins to adopt Planning Commission Resolution 99- 045 recommending to the City Council approval of Site Development Permit 99-651, subject to the Findings and Conditions of Approval as modified: a. Condition 418: time limit for three years with a progress report at the end of two years for all the temporary uses proposed and the existing at the site. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. VII. BUSINESS ITEMS: A. Master Design Guidelines 99-003; a request of Lenc gn Group for La Quinta Partners/William Ro for approval o new p totype residences and landscaping plans f different lots i ove area. 1, Chairm Tyler a ion on contained in the sta report, e staff report. a copy of which is on awa presen d the at file in unity Development Depart nt. ..14 C:Uvly Documents\WPD0CS\PC5-11-99.wpd 17 City Council Minutes 13 June 1, 1999 PUBLIC HEARINGS Attachment 3 1. APPEAL BY MR. ARTHUR BRANDT OF THE PLANNING COMMISSION'S DECISION TO APPROVE SITE DEVELOPMENT PERMIT 99-651, A REQUEST BY KSL RECREATION CORPORATION TO INSTALL 9,600 SQUARE FEET OF TEMPORARY MODULAR OFFICE UNITS ON A FOUR -ACRE SITE DEVELOPMENT WITH EXISTING INTERIM USES IN THE TOURIST COMMERCIAL DISTRICT PURSUANT TO SPECIFIC PLAN 83-002 (PGA WEST) AT 55-910 PGA BOULEVARD. 'The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that on May 14, 1999, Mr. Arthur Brandt filed an appeal of the Planning Commission's approval permitting 14 interim modular units for KSL Recreation Corporation at 55-910 PGA Boulevard for a three-year period. He advised that KSL is proposing five new modular units (9,600 sq. ft.), for a total of 14 units (21,000 sq. ft.) on a four -acre site. Landscaping is proposed on the east and west sides of the complex, and 91 parking spaces are provided. The Planning Commission approved the request on May 11, 1999, subject to findings and conditions. He noted that Condition No. 18 requires all of the interim buildings, both old and new, to be removed within three years, and for the application to be brought back before the Planning Commission within two years for review. In response to Council Member Adolph, Mr. Herman advised that Condition No. 1 should be deleted as it was replaced by Condition No. 18, which was modified at the Planning Commission to read,"The Planning Commission shall receive a status report of the temporary uses from the applicant of this Site Development Permit by June 1, 2001. All existing interim modular units and all units approved by this permit shall be removed by June 1, 2002," and so Condition No. 18 in the staff report should read accordingly. In regard to the term "temporary," he advised that the Specific Plan, which supersedes the Zoning Ordinance, identifies these as interim units, and does not define a time frame. Arthur Brandt, 55-605 Pebble Beach, advised that he was told by Landmark when he purchased his property, that the temporary buildings would be removed as soon as the resort clubhouse was built, and yet only one has been removed, and he felt KSL should follow the rules that were originally set. It was his understanding that the existing units were to be used only for construction/sales facilities, and now understands that they'll be used for corporate offices. He objected to the notification process, advising that he was not notified of the Planning Commission hearing. He lives across the fairway City Council Minutes 14 June 1, 1999 from the units, but only five condos are within the 500-foot radius. He questioned why all PGA West residents weren't notified like they've been for other projects, and why KSL waited until the end of April to request this approval when they knew about it months ago. He's been told by other residents that he's wasting his time because KSL gets whatever it wants from the City. He asked the Council to: reject the Site Development Permit; order a review of the existing trailers and fences with the goal of removing them as soon as possible; begin immediate replacement of temporary chain link fences with compatible walls and sidewalks; and remove interior chain link fences and plant groundcover. Their CC&Rs state that the declarant intends to develop, maintain, and operate PGA West in a first-class manner, and he felt KSL could afford to do that. He believed 14 years is a long time to call temporary, and recommended that the Minor Use Permit for the Hobbs trailer, which expired on May 19, not be renewed. He believed KSL has alternative sites for placement of these units, and that they should consider the homeowners and members of PGA West. Mayor Pena advised that in appeal cases, the Council functions as a Board of Appeals, and he reviewed the procedures that they must follow, stating that they can refuse to consider any issues not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the Planning Commission public hearing. He advised that the two items stated for the appeal are the failure to properly notify of the hearing, and improper use of temporary buildings. In response to Mayor Pena, Mr. Herman advised that the hearing notices were sent to over 40 property owners, excluding KSL and Sunrise Development, including not only those within 500 feet, but also the property owners on Pebble Beach, which is adjacent to the site. As for improper use of buildings, he advised that the Specific Plan does not identify the timeline for temporary use, and only identifies them as interim uses. Ms. Honeywell, City Attorney, advised that the notification procedures that were followed by the City are in excess of what is required by law. The second issue is essentially the primary issue that was before the Planning Commission, as to whether or not it's appropriate under the Site Development Permit to allow the move of the additional temporary buildings to this site. She advised that the appellant has appropriately raised the issue, and that the Appeals Board becomes the final decision maker. Charles Hathaway, 55-405 Pebble Beach, spoke in support of the appeal, stating that he felt the trailers are an eyesore to the whole PGA West community. He also took exception to the existing chain link fence that's over I �, City Council Minutes 15 June 1, 1999 a mile long and a site pollutant. He felt it's time for KSL to relocate the fence and the temporary modular units, and urged Council to defeat KSL's damaging use of the property. Wick! Merchant, 79-768 Arnold Palmer Drive, stated that she had a problem with the City's definition of temporary, and the City's noticing requirements. She felt all of the property owners should have been notified since KSL owns all of the surrounding property, including the golf course, where their homes are. She felt the trailers should be moved outside and placed where Sunrise has their facilities. PGA West is advertised as the ultimate first-class private club experience, and she knew of no such facility that would allow 20 trailers within their project, especially in a visible location. Kelly McGalliard, 73-310 Desert Rose, Palm Desert, advised that the primary concern is the interpretation of temporary and interim. She didn't consider 14 years as temporary, and felt alternate sites exist that are more appropriate. David Peters, 74-075 El Paseo, Suite C-4, Palm Desert, representing the homeowner associations in PGA West, advised that the PGA West Master Homeowners Association has no record of ever receiving a notice of the public hearing. Dan Shepardson, 54-839 Shoal Creek, of the PGA West Master Homeowners ,Association Board of Directors, advised that they only heard about the application a few days ago because they did not receive a hearing notice, even though PGA West Boulevard falls under their responsibility and is adjacent to -the proposed site. He further advised that the Board has voted unanimously to support the appeal. The view from these expensive homes is important to the property owners, and they don't want to look at temporary buildings. It's already been a problem for too long, and a three-year extension will make the problem bigger. In response to Mayor Pena, Mr. Herman advised that the mailing lists for public hearings are provided by a title company who signs a document stating that the list is from the latest County tax rolls. He then read a list of names and addresses of the homeowners associations on file with the County Assessor. Bud Wehrly, 55-665 Pebble Beach, questioned how the City is supposed to be protecting the property values for its residents, if a project with a life of 30 years is allowed to have temporary buildings on it for 17 years. Larry Allen, 54-407 Shoal Creek, felt a protected environment is one of the reasons why people buy homes within developments like PGA West. They're � 11'7 City Council Minutes 16 June 1, 1999 not allowed to park boats or RVs on their properties, and are restricted to four hours for loading and unloading their mobile coaches, and that's what he considers temporary. He believed temporary buildings and fences have a direct impact on the value of surrounding properties. J. R. Mauro, 78-117 Calle Norte, Vice President of R. C. Hobbs Company, supported the use of temporary trailers because he believed sales trailers are important to the success of the company. Due to current restrictions imposed by the homeowners association, it's imperative for them to retain their trailer in a visible site. He advised that they've been at the current location for six months, and if sales continue at the current rate, they intend to be there for approximately 12 more months. He understood that the trailers had been previously used by the homeowners association and the Legends of Golf. Lorraine Milosivich, 56-285 Riviera, believed the trailers are going to have a tremendous negative impact on the property values. Forrest Haag, 49-999 Eisenhower Drive, representing KSL, advised that the new buildings will be placed behind the existing buildings, and that they've agreed to screen all of the buildings with landscaping. He felt the real issue is not the definition of temporary or interim, but rather what the use is and the allowable uses within the Zoning Ordinance. He presented a digital image of the view with landscaping pasted in, and he noted that temporary trailers are part of the construction and development process, and is an allowable use within the Tourist Commercial zoning. In response to Mayor Pena, Mr. Haag advised that the elevation drop from the existing pads to the proposed pads is 4-10 feet. Council Member Adolph didn't feel that the photograph gives a true depiction of the proximity between the trailers and homes. In response to Council Member Sniff, Mr. Haag advised that they are required to submit a landscape plan for staff's approval, and that the tree span will depend on the type of tree used. They are willing to plant the type and size of trees designated by the City, and advised that the tree span will increase with growth. Council Member Sniff noted that the trees will only be there for a maximum of three years. Jim Murphy, 54-580 Riviera, noted that the trailers referred to by Mr. Haag as temporary construction offices to oversee development, are actually corporate 8 City Council Minutes 17 June 1, 1999 offices that have nothing to do, exclusively, with the development of PGA West, but have everything to do with managing the whole KSL enterprise. He believed the Council is charged with representing what is in the best interest of -the whole community, and felt that KSL has alternative locations to place their 'temporary corporate offices. Larry Lichliter, 80-138 Hermitage, representing KSL, advised that KSL has tried -to be sensitive to the homeowners' concerns by painting the trailers and planting additional landscaping, and as for the new trailers, he believed the impact to the homeowners on Pebble Beach has been lessened because of the change in elevations. He also noted that under the current permit, there's no timeframe for the trailers, but they only need them for a few more years. Although the trailers are corporate offices, a lot of time is spent on PGA West issues, making it an appropriate use under the Specific Plan. They also need to have all their offices together, and the proposed location is where the infrastructure and communication facilities exists. He advised that they were unaware of these issues, such as the fence, and will try to solve them. They're also willing to increase the size of the trees around the trailers to help minimize the impact. In response to Council Member Adolph, Mr. Lichliter advised that they're moving the trailers because the land was sold to Centex. Council Member Adolph stated that he felt it would have helped if KSL had discussed this issue with the homeowners associations. He asked about the possibility of moving the trailers to the pad at the end of Madison Street. Mr. Lichliter advised that there's insufficient infrastructure there. They have looked at other alternatives, but some of the sites are inappropriate for the use, and timing is also an issue. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff commented on the mailing list for the hearing notices, and wasn't sure that the lists are totally accurate. He recognized KSL's need to relocate on a temporary basis, but temporary to him should not exceed a reasonable period of time, which he felt in this case, should not exceed two years. He noted that even Mr. Lichliter has agreed that there is a problem, and that they are trying to minimize the impact. He felt "temporary" needs to be defined in a more restricted way, and that perhaps approval of this project should be for only two years. Instead of using "temporary," he felt that in the future everything should have a specific timeframe. He suggested limiting this City Council Minutes 18 June 1, 1999 approval to two years, with trees required of sufficient size to provide a significant cover for the buildings. He hoped the Council is never placed in this particular position again where so many people are upset. Council Member Adolph read the objectives of the Tourist Commercial designation from the Zoning Ordinance, and stated that he felt the ghetto of portable units are not totally compatible to surrounding properties. He was concerned that the City is allowing things to occur on a temporary basis in areas that are not compatible for them, and he had a problem with these buildings being relocated in an area that's going to interfere with the ambiance of the community. In response to Council Member Perkins, Mr. Herman advised that some of the temporary units have existed since 1985. As for hearing notices, he advised that the 500-foot designation for mailing notices is from the property line of the subject parcel. Council Member Perkins felt that when a homeowners association is involved, the hearing notices should be sent registered mail with return receipt. He didn't feel that the City has satisfied the noticing procedure, and didn't like the idea of moving more temporary buildings into an area that's been temporary for a number of years. Council Member Henderson felt there are concerns on both sides, and that the developer is trying to address them. However, this is a permitted use under the Specific Plan. She noted that the trailers have been used for multiple purposes by multiple entities, including the homeowners association. She supported looking at a two-year compromise, and agreed that the trees should be substantially larger, given the short period of time for growth. She noted that public notices have always been a problem, but felt it's because the mailing lists that are provided to the City are inadequate. In response to Council Member Henderson, Mr. Herman advised that the homeowners association address on file with the County Assessor's Office is either old or incomplete. The City is not allowed to change the property owners' addresses; the property owners have to contact the County Assessor's Office to change the address themselves. Mayor Pena felt that perhaps while the City meets the "letter of the law," sometimes the "spirit of the law" is not met, and suggested that sites be posted for public hearings as it's done in some other cities. In regard to the two appeal issues, he advised that, legally, the hearing notices were done correctly, and that the proposed use is a permitted use under the Specific Plan. He then City Council Minutes 19 June 1, 1999 commented on the increase in attendance at the public hearings, and stated that he felt it's due to the increase in full-time residents who are beginning to notice their views more and things are having a greater effect on them. He noted that the City cannot enforce the CC&Rs, and according to what he understood, no one has ever filed a complaint about the trailers before. He advised that KSL is entitled to do what they've done, and he hoped the Council could help solve some of the issues raised by the appellant, such as screening, noting that the trailers will be somewhat lower, and that the temporary containers will be removed. He also commented on the lack of communication between the homeowners associations and KSL. Council Member Perkins suggested a continuance to allow the homeowners associations and the applicant to try to resolve some of these problems. Mayor Pena noted that the applicant has stated that time is of the essence. In response to Council Member Adolph and Mayor Pena, Mr. Herman advised that temporary/interim buildings are allowed under the Specific Plan, and it does not identify the use of interim buildings. Council Member Sniff reiterated that he felt the approval should be modified to two years, with trees of sufficient size to provide adequate screening. He also felt the issue of the mile -long fence should be addressed. In response to Council Member Henderson, Ms. Honeywell advised that the application is before the Council for final decision, and the Council may choose to uphold the Planning Commission decision, but revise any of the conditions of approval if desired, or it may uphold the appeal. Mayor Pena asked if the applicant would have the right to file an appeal if the current appeal is upheld, to which Ms. Honeywell responded no. Mr. Herman suggested the following changes to the conditions of approval, should the appeal be denied: 1) change Condition No. 6 to read, "Specimen trees, size defined with American standards for nursery stocks having a minimum 15-foot canopy in a 36-inch box or larger, shall be installed abutting the modular office complex as depicted on the site plan exhibit, subject to Community Development Department approval. All trees shall be double -staked to prevent damage from seasonal winds, and shrubs shall be five -gallon or larger; and 2) change Condition No. 18 to read, "All existing interim modular units and units approved by this permit shall be removed by June 1, 2001." He noted that Condition No. 1 should also be deleted. City Council Minutes 20 June 1, 1999 RESOLUTION NO. 99-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL REQUEST OF MR. ARTHUR E. BRANDT AND APPROVING SITE DEVELOPMENT PERMIT 99-651, PERMITTING THE RELOCATION OF EXISTING MODULAR OFFICE UNITS AND PLACEMENT OF NEW MODULAR UNITS ON A DEVELOPED FOUR -ACRE PROPERTY LOCATED AT 55-910 PGA BOULEVARD IN ACCORDANCE WITH THE REQUIREMENTS OF SPECIFIC PLAN 83-002 (APPELLANT: MR. ARTHUR E. BRANDT; APPLICANT: KSL RECREATION CORPORATION). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 99-71 as amended. Council Member Adolph wished to see the trunk size and height of the trees specified, as well as the location of the trees. Mr. Herman advised that the nursery standard and specimen of tree determines the trunk and box size to accomplish the 15-foot span, and that the locations are noted on the site plan. Mayor Pena asked about requiring a wall along the street. Council Member Sniff was somewhat concerned about requiring them to build a wall for a two-year approval. Council Member Adolph was concerned about the temporary buildings being screened from the street. Council Member Perkins advised that he would vote NO because of improper notification, even though it was done legally. He also didn't like the interpretation of "temporary," which he felt should not mean more than one year. Council Member Adolph advised that he would also vote NO because he felt it's not a proper place for a trailer park. Motion carried with Council Members Adolph and Perkins voting NO.