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2002 10 22 PCPlanning 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 OCTOBER 22, 2002 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2002-101 Beginning Minute Motion 2002-018 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the regular meeting on October 8, 2002. B. Department Report V. PRESENTATIONS: None PC/AGENDA VI. PUBLIC HEARING: A. Item ................. ENVIRONMENTAL ASSESSMENT 2002-548, SPECIFIC PLAN 2002-061, CONDITIONAL USE PERMIT 2002-071, AND TENTATIVE PARCEL MAP 30586 Applicant .......... Winchester Development/Quarry Ranch LLC Location ............ West of Jefferson Street, south of Quarry Lane Request ........1. Certification of a Mitigated Negative Declaration of environmental impact; 2. Consideration of a Specific Plan to allow development on hillside property; 3. Consideration of a request for a conditional use permit required for all development in the Hillside Conservation Overlay District; and, 4. Consideration of a subdivision of 4.08 acres into two residential lots. Action ............... Resolution 2002- , Resolution 2002-, Resolution 2002- and Resolution 2002- VII. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: A. Report on the City Council meeting of October 15, 2002 X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on November 12, 2002, at 7:00 p.m. PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 8, 2002 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Butler who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Richard Butler. It was moved and seconded by Commissioners Tyler/Kirk to excuse Commissioner Abels. Unanimously approved. C. Staff present: City Attorney Kathy Jenson, City Engineer Tim Jonasson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Tyler/Kirk to reorganize the Agenda to take Item D before Item C. Unanimously approved. IV. CONSENT ITEMS: B. Chairman Butler asked if there were any corrections to the Minutes of September 24, 2002. Commissioner Tyler asked that Page 3, Item #4, be corrected to read, "...bright, but with the current...."; Page 5, Item #6 to state, "Mr. Mahoney stated 46 units at 670 square feet."; Page 9, Item #8, to say, "American Awning was subsequently informed..." Commissioner Kirk asked that Page 5, Item #6 be corrected to read, "Commissioner Kirk questioned if the density complies with the current Zoning Code." There being no further corrections, it was moved and seconded by Commissioners Tyler/Kirk to approve the minutes as corrected. Unanimously approved. C. Department Report: None V. PRESENTATIONS: None G:\WPDOCS\PC Minutes\10-8-02.wpd 1 Planning Commission Minutes October 8, 2002 VI. PUBLIC HEARINGS: Amendment #1: a request of Cameo Homes and Landaq, Inc. for certification of a Revised Environmental Assessment, an Amendment to the Specific Plan design guidelines for a mixed land use development on 33 + acres including detachment of 12.72 acres for a future public school, and review of architectural and landscaping plans for a 200-unit apartment complex and two commercial pads in multiple story buildings on 12 acres located on the east side of Eisenhower Drive, north of Calle Tampico and west of Avenida Bermudas. 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Kirk asked if the applicant had addressed the major concerns raised by the Commission at the previous meeting. Staff stated they have addressed most and have reasons for not addressing the others. They did not address the pedestrian access to the east. 3. Commissioner Robbins stated the document is still not clear as to what is going to take place and asked whether or not the school site is part of the Specific Plan. Staff stated it is not. Commissioner Robbins stated that nowhere in the text of the Specific Plan does it state the school site is being deleted other than on the site plan exhibits. Second, if the existing commercial building that is there was built under the Specific Plan, how can they now not be a part of the Specific Plan. Staff stated the applicant can amend the Specific Plan and if they chose to request to delete it, it is their option. Commissioner Robbins argued that if special considerations were granted under the Specific Plan, they would now not exist as it is no longer a part of the Specific Plan. Staff noted any changes to the site would have to comply with the current zoning regulations if the building is deleted. 4. Commissioner Kirk asked the City Attorney if an existing Specific Plan deletes a portion from the Specific Plan and they request to make a change, what regulations would govern. City Attorney G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd 2 Planning Commission Minutes October 8, 2002 Kathy Jenson stated it would be governed by the existing zoning regulations for that area. Their rights would be vested as it is constructed. Also, there are conditions of approval that were used to construct the site. If an area is deleted from a specific plan they are no longer under those conditions of approval but are subject to VUP conditions. In regard to the school site, the City has no jurisdiction any part of the construction of the facility. 5. Chairman Butler asked how the parking lot and distribution center should be handled. City Attorney Kathy Jenson stated the Commission is free to add to their recommendation whether it should be included or deleted from the Specific Plan. In regard to the developed site, it is within the Commission's ability to amend the Specific Plan as they believe necessary. 6. Commissioner Tyler asked if there had been any changes to any of the resolutions. Staff noted the conditions of approval had been amended to address any changes in the Revised Specific Plan. 7. Chairman Butler asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL Land Holdings and Cameo Homes, stated that in regard to the structure of the Specific Plan, Section 2 pertains to the 33 acres of the plan as it was before Amendment #1. Should the Commission believe there is a need to add the already built area back into the specific plan, they would add it back in. Based on the discussion at the last meeting, they removed it. The distribution center was added back in. 8. Commissioner Tyler questioned the "see -saw" on the playground equipment and stated he thought it should be deleted as they have been determined to be unsafe. 9. Mr. Victor Mahoney, representing Cameo Homes, gave a description of the project changes. First, the pedestrian access would require them to build a six foot wall on both sides and it would have to be lighted and guaranteed to be a safe access which is impossible to do. Second, with regard to the fence on the north, he would like to suggest a removal of the existing chain link fence at the bottom of the slope and construction of a new wrought iron picket fence on the property line. They would enter G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd 3 Planning Commission Minutes October 8, 2002 into a maintenance agreement to clean up the slope to have a consistent landscape scene. The new fence would be constructed of decorative wrought iron. Lastly, the amenities; they have added a soccer practice area, sand volleyball court, a circular tract, and a tot lot. The play equipment would be approved by their insurance carrier. 10. Commissioner Kirk questioned why there were no design guidelines included for Planning Area 3. Without the design guidelines included in the Specific Plan, KSL could propose a structure that is not compatible with this property or the KSL property to the south. Mr. Haag stated the Village Guidelines and Village Use Permit process defines the theme for any design for the Village. Commissioner Kirk questioned whether or not the Village Design Guidelines were that precise. In his opinion some guidelines are needed to be ensure this site is compatible with these other sites. In regard to the tot lot, the location is of concern to him. Mr. Mahoney showed the location and stated the reason for this location is that the noise would not be of any issue to anyone in the complex. It is also in close proximity to the open space/recreational area. Commissioner Kirk asked if the applicant about the previously shown decorative paving in the commercial area. Mr. Mahoney stated they envisioned a stamped pavement. Commissioner Kirk asked if there were any other creative solutions for the pedestrian access on the eastern side. Mr. Mahoney stated that with the liability issue, there was no other solution. 11. Chairman Butler asked if the project to the north of the Ralph's Shopping Center had only one access. Staff stated yes. 12. Commissioner Tyler asked the applicant to identify the area of the future distribution center. Mr. Haag explained the site plan. 13. Chairman Butler asked if there was any other public comment. Mrs. Kay Wolff, 77-227 Calle Ensenada stated she sees no improvement to the project that address her concerns of density, amenities, and open space between the structures. It does have some good points such as the affordable units. Her concerns still are the traffic and why variances are being allowed. How do the residents of the apartments get to the Village without a left turn out of the apartments? G:\WPDOCS\PC Minutes\10-8-02.wpd 4 Planning Commission Minutes October 8, 2002 14. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 15. Chairman Butler asked about the chain link fence with the barbed wire. Commissioner Robbins stated it is his understanding that this is KSL's existing fence and CVWD may have an access agreement. 16. Commissioner Kirk stated they are removing the existing chain link fence and installing tubular steel fencing. Staff stated that is what they propose. 17. Commissioner Robbins stated for the most part he is satisfied with the layout of the complex. He believes the location of the tot lot is not appropriate. In regard to the Specific Plan document, it still needs to be clear and specific. It needs to include why the school site is no longer a part and it seems inappropriate to delete a part of the project that is completed and delete it from the Specific Plan. 18. Commissioner Kirk applauded the applicant on addressing the issues raised by the Commission. He concurred with the points raised by Kay Wolff. The City does need projects like this and it is always a problem to find the "right" location. He does think this is a good location for a multi -family housing complex next to a school site. He would still like to see more open spaces between the building structures. With respect to the Specific Plan, he agrees with Commissioner Robbins' comments. Projects should work together within a specific plan. He strongly believes there needs to be an access between this project and the Village. We can provide an easement across KSL's property to the east and it can be conditioned to do so. He suggested an easement along the eastern boundary of the school site might work. City Attorney Kathy Jenson stated the eminent domain process had already started and it would be too late to add this to the action, and while they do not have ownership, the Agency is not in a position to impose an easement without causing a problem. To create an access at this point, that may not be consistent with the school site plan, is too late. Commissioner Kirk then suggested they pursue an easement across KSL's property. He also agrees that the existing KSL structure should be kept in the Specific Plan and G:\WPDOCS\PC Minutes\10-8-02.wpd 5 Planning Commission Minutes October 8, 2002 design themes for the distribution center should also be added and he would condition the project to do so. He would also want the applicant to consider relocating the tot lot to a safer location. He would suggest that a new Specific Plan application be submitted for all the properties and their uses. 19. Commissioner Tyler agrees with keeping the KSL project within the Specific Plan. Need to condition the project to review the distribution center at some point. The tot lot location needs to be reconsidered. He thanked the applicant for their attention to the Commissions's concerns, but still believes this site needs to be accessible to the Village. He agrees with the wrought iron fence as proposed by the applicant. He also agrees there needs to be a left turn out, but there is no way to safely allow it. 20. Chairman Butler asked how far up a person would have to go north on Eisenhower Drive before you can make a u-turn. City Engineer Tim Jonasson stated there is a plan for future medians on Eisenhower Drive, but the tenants of the project would have to go to Avenue 50 to turn around. Chairman Butler agreed that the KSL commercial building be added back into the Specific Plan and the remainder of the site be brought back to the Planning Commission for review and approval, and the tot lot location needs to be addressed. Overall, he does approve of the project. 21. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-093 recommending certification of a Revised Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-41 1, as recommended. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 22. It was moved and seconded by Commissioner Robbins/Kirk to adopt Planning Commission Resolution 2002-094 recommending approval of Specific Plan 2001-051 Amendment #1, subject to the findings and conditions as amended: a. Add a condition requiring the design theme for the Planning Area III distribution center be added to the Specific Plan. G:\WPDOCS\PC Minutes\10-8-02.wpd 6 Planning Commission Minutes October 8, 2002 b. Add a condition requiring a statement as to the deletion of the school site from the Specific Plan. C. Add a condition requiring the existing KSL site and parking lot be added back into the Specific Plan. d. Add a condition requiring a pedestrian easement to the Village area that does not have walls on both sides. e. Add a condition that the Revised Specific Plan document be submitted to supercede any prior Specific Plan that shows exactly what is happening on each parcel. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 23. It was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-095 recommending approval of Village Use Permit 2001-007 Amendment # 1, subject to the findings and conditions as amended: a. Add a conditions requiring the tot lot location be relocated. b. Enhanced paving incorporated back into the project. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. Chairman Butler recessed the meeting at 8:24 p.m. and reconvened at 8:29 p.m. C. Village Use Permit 2002-014; a request of Lori Abdelnour (Allstate Insurance) for consideration of a conversion of a two story residence to office use for the property located at the northeast corner of Avenida Bermudas and Calle Amigo (51-650 Avenida Bermudas). 1. Chairman Butler 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. Commissioner Kirk withdrew due to a potential conflict due to the location of his residence, and withdrew from the dias. G:\WPDOCS\PC Minutes\10-8-02.wpd 7 Planning Commission Minutes October 8, 2002 3. Chairman Butler stated this was a great location for this business and the modifications will add to the site. He asked if there was any problem with the onsite parking. Staff stated several businesses in the area had requested a reduction in the parking and their requests were granted. Additional parking could be added to the Village at a future date. 4. Commissioner Tyler asked why the Village Use Permit (VUP) was not obtained prior to the construction of the work. Staff stated the applicant completed the work prior to the VUP. Commissioner Tyler asked if the paved area to the north was a driveway or accessway, also is the applicant intending to utilize the entire building. What happens when a different business moves in and utilizes more parking spaces. Staff noted the applicant would have to answer as to the use of the building. In regard to the parking, the Village was designed to encourage businesses and the parking will be accommodated by central parking areas. 5. Chairman Butler asked if the applicant would like to address the Commission. Ms. Lori Abdelnour stated she was available to answer any questions. It was her intention to utilize the entire building herself. 6. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2002-096 recommending approval of Village Use Permit 2002-014, as recommended. ROLL CALL: AYES: Commissioners Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioners Abels and Kirk. ABSTAIN: None. Commissioner Kirk rejoined the Commission. C. Tentative Tract Map 29878, 1st Time Extension; a request of KSL Hotel Land, L.P. for consideration of a one year extension of time for a 60-lot single family subdivision with private streets on 22.21 acres located at the southeast corner of Avenue 54 and PGA Boulevard. G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd 8 Planning Commission Minutes October 8, 2002 1. Chairman Butler 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 Butler asked if the applicant would like to address the Commission. Mr. Chris Bergh, representing the applicant, stated he was available to answer any questions. 3. There being no questions of the applicant and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 4. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-099, recommending approval of Tentative Tract Map 29878 First Time Extension, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. D. Environmental Assessment 2002-457 and Tentative Tract Map 30834; a request of Madison Estates, LLC, for consideration of a request to subdivide approximately 29.29 acres into 76 single family and other common lots with private streets located on the north side of Avenue 58, west of Madison Street and south and east of Hermitage. 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked about the note on the map that retention basins would be on individual lots. City Engineer Tim Jonasson stated this note would be deleted and Lots D1 and D2 would be the retention basins. Commissioner Tyler asked if the secondary access was an emergency access. Staff stated that was correct. Commissioner Tyler asked for clarification on the conditions added by the Architecture and Landscaping Review G:\WPDOCS\PC Minutes\10-8-02.wpd 9 Planning Commission Minutes October 8, 2002 Commission (ALRC) recommendation as they were not reflected in the minutes of the meeting. Staff noted they were recommended in the staff report and the ALRC approved staff's recommendations. Commissioner Tyler questioned whose responsibility it was to build the wall and questioned Item XVll.d. of the Environmental Checklist and Condition #87 of the tract map. 3. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Tom Beaty, partner in Madison Estates, LLC, stated that regarding the letter from KSL requesting they participate in the cost of the wall on the west side, this was a condition placed on their maintenance facility. They do not object to participation, but not at 50% and they need to have discussions with KSL regarding the landscaping and debris due to the landscaping and the driveway relocation. These items need to be addressed and they would agree with a 10% participation. In regard to Condition #87, he would like clarification as well, or deletion of the condition. 4. Chairman Butler asked what the area was on the plan noted for outside dining; is this a restaurant. Mr. Beaty stated it is an outdoor park for the residents. 5. Commissioner Butler complimented the applicant on the site plan. He asked about the question raised by the ALRC regarding individual access for each lot to the open space area. Mr. Beaty stated they did not want anything to clutter up the area and created specific access points for the residents to enter. Commissioner Tyler asked if individual lots would be prohibited from constructing individual block walls. Mr. Beaty stated this would be controlled under the CC&R's. They are reviewing alternatives for fences around swimming pools. 6. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 7. Commissioner Robbins stated the vicinity map should be revised to reflect the current/correct streets. G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd 10 Planning Commission Minutes October 8, 2002 8. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Planning Commission Resolution 2002-097 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-457, subject to the findings as amended. A. Item XVll.d in the Checklist corrected to show Less than Significant impact. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 9. It was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2002-098, recommending approval of Tentative Tract Map 30834, subject to the findings and conditions as amended: a. Condition #21: delete last two paragraphs. b. Condition #87: deleted C. Condition #100: changed to 10% participation ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. E. Tentative Tract Map 29963 Revised; a request of Dr. Bruce Baumann for consideration of a request to relocate the access street serving a four -lot single family subdivision on approximately 9.29 acres located at the northernmost terminus of Coral Mountain Court and west of Madison Street. 1. Chairman Butler 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 Butler asked if the applicant would like to address the Commission. Mr. Dave Turner, Coachella Valley Engineers, stated he was available for any questions. G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd 11 Planning Commission Minutes October 8, 2002 3. Commissioner Tyler noted the map should be corrected to show the School District as CVUSD. 4. Commissioner Kirk asked why the deletion of Condition #65. City Engineer Tom Jonasson stated it was a clerical error and should be retained. 5. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 6. Commissioner Tyler asked for clarification of Condition #32. City Engineer Tim Jonasson stated it should read adjacent "private" streets. Commissioner Tyler stated Condition #58 should be deleted. Staff agreed. 7. It was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-100, recommending approval of Tentative Tract Map 29963 Revised, subject to the findings and conditions as amended: a. Condition #32: amended to be private streets. b. Condition #43: delete paragraph A. C. Condition 65: Modified to state any appropriate development fees could be deleted. d. The tract map shall be changed to show the project is within the Coachella Valley Unified School District. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. VII. BUSINESS ITEMS: A. Appeal of Communitv Development Director Decision - RC 2002-708 a request of Mr. Jerry Ellenz for consideration of an appeal of a decision denying an access way of less than 15 feet in width along a house as required by La Quinta Municipal Code Section 9.150.080.A.8.d. for the property located at 52-230 Avenida Montezuma. G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd 12 Planning Commission Minutes October 8, 2002 1. Chairman Butler asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked what the logic was for requiring the 15 feet. Staff stated it is a Code requirement and interpretation that the access to the garage is an accessway. 3. Commissioner Kirk asked why the Code required 15 feet. Staff stated that for a one way access this is considered an appropriate width. 4. Chairman Butler asked if the Commission decided a lesser width was acceptable would it be setting a precedent for other situations in the City. City Attorney Kathy Jenson stated she did not understand how this could be approved if this is considered an accessway. It would require a specific plan or a variance and there would need to be something unique regarding this property to approve it. 5. Commissioner Tyler stated a determination needs to be made to decide if this is an accessway. 6. Chairman Butler asked if the applicant would like to address the Commission. Mr. Jerry Ellenz, applicant, gave an explanation of his request. 7. Commissioner Tyler asked the applicant to explain "turfstone". Mr. Ellenz stated it combines grass and concrete in the driveway. Commissioner Tyler stated the protrusions of the fireplace could add to the reduction in width and the plan should be modified to move this back out of the nine feet. 8. There being no further discussion, Chairman Butler closed the public participation and opened discussion for Commission discussion. 9. Commissioner Tyler noted there is no definition of an "accessway" in the Code, but there is a definition of driveway. This is a driveway and not an accessway and he would propose supporting the appeal with the restriction that the applicant retain a nine foot free clearance width. G:\WPDOCS\PC Minutes\10-8-02.wpd 13 Planning Commission Minutes October 8, 2002 10. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Minute Motion 2002-017, granting the appeal for a driveway with a nine foot width clearance. Motion unanimously approved with Commissioner Abels absent. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the October 1, 2002 City Council meeting. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Robbins/Tyler to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held October 22, 2002, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:34 p.m. on October 8, 2002. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\10-8-02.wpd 14 PH #A STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 22, 2002 CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-548 SPECIFIC PLAN 2002-061 CONDITIONAL USE PERMIT 2002-071 TENTATIVE PARCEL MAP 30586 REQUEST: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) APPROVE A SPECIFIC PLAN TO ALLOW DEVELOPMENT ON HILLSIDE PROPERTY; 3) APPROVAL OF A CONDITIONAL USE PERMIT AS REQUIRED FOR ALL DEVELOPMENT IN THE HILLSIDE CONSERVATION OVERLAY DISTRICT; AND; 4) SUBDIVIDE 4.08 ACRES INTO TWO RESIDENTIAL LOTS APPLICANT: WINCHESTER DEVELOPMENT PROPERTY OWNERS: QUARRY RANCH L.L.C. LOCATION: WEST OF JEFFERSON, SOUTH OF QUARRY LANE ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 2002-548 WAS PREPARED FOR SPECIFIC PLAN 2002-061, CONDITIONAL USE PERMIT 2002-071, AND TENTATIVE PARCEL MAP 30586 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE COMMUNITY DEVELOPMENT DIRECTOR HAS RECOMMENDED THAT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (LDR), UP TO 4 DWELLING UNITS PER ACRE ZONING: LOW DENSITY RESIDENTIAL (RL) AND HILLSIDE CONSERVATION DISTRICT OVERLAY SURROUNDING LAND USES: NORTH: LOW DENSITY RESIDENTIAL (RL) SOUTH: LOW DENSITY RESIDENTIAL (RL) EAST: LOW DENSITY RESIDENTIAL (RL) WEST: LOW DENSITY RESIDENTIAL (RL) The 4.08 acre site is vacant and located west of Jefferson Street, south of Quarry Lane within Tentative Tract 30651 (Attachment 1). The General Plan and Zoning Code designates the property Low Density Residential. Also portions of the property are above the "toe of slope" and in the Hillside Conservation Overlay District. A Specific Plan is required to allow development in the hillside property; the applicant is proposing to grade hillside property with slopes above 20 per cent. Specific Plan 2002-061 provides a land use and circulation discussion, design guidelines, and special studies including grading, hydrology, geology and view shed (Attachment 2). The applicant proposes to grade Parcels 1 and 2 (Tentative Parcel Map 30586) to accommodate construction of two single family homes. Both lots contain slopes with more than 20% slope with Parcel 1 containing over 40% of its surface area in slopes over 20%, and Parcel 2 comprising 70% of its surface area in slopes excess of 20%. All development within the Hillside Conservation District requires approval of a Conditional Use Permit. IiiiiIWIM11111..� • Proposed is the subdivision of remainder Lot "I" to create two lots within the recently approved Tentative Tract 30651, The Quarry Ranch (Attachment 3). Both lots will take access from Tom Fazio Lane South, an existing private street within the Quarry. Parcel 1 is 86,230 square feet with the building envelope area proposed to be approximately 36,200 square feet; and Parcel 2 is 90,598 square feet with the building envelope area proposed a to be approximately 34,500 square feet. Pad elevations are proposed to be 76' for Parcel "1 " and 77' for Parcel "2". Tom Fazio Lane South, the portion directly in front of Parcels 1 and 2 varies in elevation from 56 feet to 73 feet. The preliminary grading plan shows a total of 21,865 cubic yards of hillside are proposed to be cut with 8,828 cubic yards of fill, netting 13,036 cubic yards of cut. The view shed study provided shows a sight line from north to south across the Quarry golf course, and a sight line from Cahuilla Park Road to southwest across the proposed Quarry Ranch project (Tentative Tract 30586). The view shed study demonstrates that the roof lines of future dwelling units on Parcels 1 and 2 do not rise above the ridge line of the hillside. A homeowners' association will be formed for Tentative Tract 30651 and these parcels will be included in that association to maintain retention basins, common landscaped areas, private roads, perimeter landscaping. 1041T401• The case was advertised in the Desert Sun newspaper on October 12 ,2002. All property owners within 500 feet of the entire development were mailed a copy of the public notice. Public Agency Review The project was sent out for comments to City Departments and affected public agencies on October 4, 2002. Agency comments received have been made a part of the Conditions of Approval. In addition, the applicant has met with the California Department of Fish and Game and voluntarily accepted certain Conditions of Approval relating to biological resources. Similar additional conditions were accepted by the applicant during City Council review of Tentative Tract Map 30651, The Quarry Ranch. Based on California Environmental Quality Act (CEQA) requirements, staff prepared Environmental Assessment 2002-458 for the project. Staff recommends certification of a Mitigated Negative Declaration of environmental impact. -1' • Ili �� •'. � i The applicant's request to create to new residential lots and allow development on hillside property is consistent with the General Plan and the Subdivision Ordinance provided the recommended Conditions of Approval are met. Findings necessary to approve this request can be made and are contained in the attached Resolutions. 1. Adopt Planning Commission Resolution 2002-_ recommending to the City Council certification of Environmental Assessment 2002-458; and, 2. Adopt Planning Commission Resolution 2002-_ recommending to the City Council approval of Specific Plan 2002-061 subject to the attached conditions; and, 3. Adopt Planning Commission Resolution 2002-_ recommending to the City Council approval of Conditional Use Permit 2002-071 subject to the attached conditions; and, 4. Adopt Planning Commission Resolution 2002 recommending to the City Council approval of Tentative Parcel Map 30586, subject to the attached conditions. Attachments: 1 . Location Map 2. Specific Plan 2002-061 3. Tentative Parcel Map 30586 Prepared by; Fred Raker, AICP Principal Planner PLANNING COMMISSION RESOLUTION 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA OUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (EA 2002-458) PREPARED FOR SPECIFIC PLAN 2002-061, PARCEL MAP 30586 AND CONDITIONAL USE PERMIT 2002-071 CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-458 APPLICANT: WINCHESTER DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta did on the 22nd day of October, 2002, hold a duly noticed public hearing to a consider request of Winchester Development to allow two residential lots to development on 4.06 acres located within the Hillside Conservation Overlay District by means of a Specific Plan (SP 2002-061), Conditional Use Permit (CUP 2002-071) and a Parcel Map (TPM ), collectively "the Project", generally located west of Jefferson Street alignment, south of Quarry Lane, more particularly described as: A PORTION OF A.P.N. 766-050-008 WHEREAS, an Initial Study and Mitigated Negative Declaration has been prepared for the Project; WHEREAS, the City has prepared the Initial Study and Mitigated Negative Declaration in compliance with CEQA and the State CEQA Guidelines, California Code of Regulations, Title 14, section 15000 et. seq., ("CEQA Guidelines"); and WHEREAS, the La Quinta Planning Commission on October 22, 2002 did consider the Project and recommended to the City Council certification of the Mitigated Negative Declaration for the Project; and WHEREAS, the City mailed notice of its intention to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on October 12, 2002 to landowners within 500 feet of the Project Site and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the City Council on November 19,2002 ; and WHEREAS, the City published a notice of its intention to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun on October 12, 2002, and further caused the notice to be filed with the Riverside County Clerk in accordance with the CEQA Guidelines; and AAPC RESO EA 2002-458.wpd Planning Commission Resolution 2002- Environmental Assessment 2002-458 Winchester Development Adopted October 22, 2002 WHEREAS, during the comment period, the City received no comment letters; and NOW THEREFORE, BE IT RESOLVED by the Planning Commission, as follows: SECTION 1: The above recitations are true and correct and are adopted as the Findings of the Planning Commission. SECTION 2 The Planning Commission finds that the Mitigated Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and that, based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, there is no substantial evidence in light of the whole record that there may be significant adverse environmental effects as a result of the Project. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and these measures mitigate any potential significant effect to a point where clearly no significant environmental effects will occur as a result of this Project. SECTION 3: The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2002-458. SECTION 4: The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number,or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. SECTION 5: There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. SECTION 6: The Project 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. A:\PC RESO EA 2002-458.wpd Planning Commission Resolution 2002- Environmental Assessment 2002-458 Winchester Development Adopted October 22, 2002 SECTION 7: The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Project. SECTION 8: The Project will not have the 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. SECTION 9: The Planning Commission has fully considered the proposed Mitigated Negative Declaration and the comments, if any, received thereon. SECTION 10: The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. SECTION 11: The location of the documents which constitute the record of proceedings upon which the Planning Commission decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director. SECTION 12: A Mitigation Monitoring Program (MMP), a copy of which is attached hereto as Exhibit A, is hereby adopted pursuant to Public Resources Code § 21081.6 in order to assure compliance with the mitigation measures during Project implementation. SECTION 13: Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. SECTION 14: The Planning Commission has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). SECTION 15: The Mitigated Negative Declaration is hereby recommended for certification. 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 constitutes the findings of the Planning Commission for this Environmental Assessment. AAPC RESO EA 2002-458.wpd Planning Commission Resolution 2002- Environmental Assessment 2002-458 Winchester Development Adopted October 22, 2002 2. That it does hereby recommend to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-458 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 and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22"d day of October, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California A:\PC RESO EA 2002-458.wpd il Environmental Checklist Form 1. Project Title: Specific Plan 2002-061, Conditional Use Permit 2002-071, and Tentative Parcel Map 30586, a portion of Quarry Ranch 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Fred Baker, 760-777-7125 4. Project Location: South side of Tom Fazio Lane South, approximately 1,500 feet east of Jefferson Street APN: 766-050-008 5. Project Sponsor's Name and Address: Winchester Development 1 Quarry Lane La Quinta, CA 92253 6. General Plan Designation: Low Density Residential 7. Zoning: Low Density Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The Specific Plan is proposed to establish development standards and guidelines for the development of two lots within the Quarry Ranch property. The total land area proposed is 4 acres. The Specific Plan is proposed to allow development in an area controlled by the City's hillside conservation regulations. The Specific Plan will allow development in an area of more than 20 percent slope. The Conditional Use Permit is required by the hillside conservation regulations for any project proposed above the toe of slope. The Parcel map will divide 18.51 acres into two residential parcels and a remainder parcel to be used for golf course development. Parcel 1 will be 1.98 acres in size and Parcel 2 will be 2.08 acres in size. G:\WPDOCS\Env Asses\QuarryEACklst-458.wpd 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Existing single family residential and golf course (The Quarry) South: Vacant desert lands, Low Density Residential West: Existing single family residential (The Quarry), Low Density Residential East: Vacant desert lands, Low Density Residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District G:\WPDOCS\Env Asses\QuarryEACklst-458.wpd 2 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics 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 Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination: (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared 1-1 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. nn LJ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" 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. Lol 0 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 pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 11 ignature Date — G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 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 analysis 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 analysis 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 G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 4 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 3.6) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Site topography, Slope Study,Figure 5-4) 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) 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? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map, Property Owner) 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 nonagricultural use? (No ag. land in proximity to project site) II. AIR QUALITY: 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, 2002 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a substantial number of people? (Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X 1� X 09 X /:/ X G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd V. 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? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002, Final Conditions of Approval, Tentative Tract 30651) 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 Biological Assessment Quarry Ranch," VHBC, Inc., June 2002, Final Conditions of Approval, Tentative Tract 30651) 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 Biological Assessment Quarry Ranch," VHBC, Inc., June 2002, Final Conditions of Approval, Tentative Tract 30651) 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 Biological Assessment Quarry Ranch," VHBC, Inc., June 2002, Final Conditions of Approval, Tentative Tract 30651) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002) 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?("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002, Final Conditions of Approval, Tentative Tract 30651) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical 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? ("Phase I Cultural Resources Assessment..." Keith Co., June 2002) 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)?("Phase I Cultural Resources Assessment..." Keith Co., June 2002) c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment Exhibit 5.9) d) Disturb any human remains, including those interred outside of formal cemeteries? ("Phase I Cultural Resources Assessment..." Keith Co., June 2002) X X X X X X X X X G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 71. 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? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? ("Geotechnical Investigation..." Sladden Engineering, July 2002) iii) Seismic -related ground failure, including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) b) Result in substantial soil erosion or the loss of topsoil? (General Plan Exhibit 8.4) 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? ("Geotechnical Investigation..." Sladden Engineering, July 2002) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? ("Geotechnical Investigation..." Sladden Engineering, July 2002) 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? ("Geotechnical Investigation..." Sladden Engineering, July 2002) VII. 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? (General Plan MEA p. 95 ff.) 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? (General Plan MEA p. 95 ff.) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) 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? (General Plan MEA p. 95 ff.) 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) X X X X X X X X X R9 X G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 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? (General Plan MEA p. 95 ff) 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) III. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) 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 p. III-87 ff.) 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? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) 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? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) 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 Exhibit 6.6) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (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 coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan p. 18 ff.) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment p. 74 ff.) X 0 91 X X X X X X X X X X G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd C. 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 p. 71 ff.) 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 p. 71 ff.) U. 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? (General Plan p. 95) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Residential project -- no ground borne vibration) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, p. III-144 ff.) 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? (General Plan land use map) 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 land use map) III. 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, p. 9 ff., application materials) 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) KIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) Police protection? (General Plan MEA, p. 57) X R. X X R. X X KI 11 G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 9 Schools? (General Plan MEA, p. 52 ff.) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, p. 46 ff.) (IV. RECREATION: (V. KVI. 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) 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) 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)? (General Plan EIR p. III-29 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways?(General Plan EIR p. III-29 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 30651) e) Result in inadequate emergency access? (Tentative Tract Map 30651) f) Result in inadequate parking capacity? (Tentative Tract Map 30651) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Tentative Tract Map 30651) UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) K/ X X X X X X X X tN i X G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 10 d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) 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, p. 58 ff.) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) [VII. 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? KVIII. EARLIER ANALYSIS. X FIq X V 91 /1 X Earlier analysis 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 analysis used. Identify earlier analysis and state where they are available for review. Environmental Assessment 2002-452 was used in this analysis. 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. G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 11 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 2002. General Plan, City of La Quinta, 2002. General Plan EIR, City of La Quinta, 2002. SCAQMD CEQA Handbook. City of La Quinta Municipal Code Phase I Cultural Resources Assessment..., prepared by the Keith Companies, June, 2002. Geotechnical Investigation..., Prepared by Sladden Engineering, July 2002 Hydrology, Hydraulics and Drainage Concept Study..., Prepared by Tettemer and Associates, July 2002 Personal communication, Patti Schwartz, engineer, Coachella Valley Water District, July and August, 2002 Specific Plan text, Specific Plan 2002-061 Section 9.140.040, HC, hillside conservation regulations of the La Quinta Municipal Code G:\WPDOCS\Env Asses\QuarryEACk1st-458.wpd 12 Addendum for Environmental Assessment 2002-458 I. a) & c) The proposed project is not located within a General Plan Image Corridor. The two lots proposed for development would be graded at an elevation of approximately 77 feet, and will be surrounded by open space and recreation areas. The location of two residences will not constitute a significant impact on the Coral Reef mountains at this location. I. b) The project site consists of a rock outcropping, which would be graded, and potentially significantly impacted. The City's hillside conservation regulations, however, will be implemented with the proposed Specific Plan and Conditional Use Permit. The hillside conservation regulations were designed to restrict development in hillside areas with more than 20% slope. Both lots contain this type of slope, with Parcel 2 including 70% of its surface in slopes in excess of 20%, while Parcel 1 has 33% of its area in slopes of more than 20%. In order to mitigate the potential impacts of the proposed project, the following mitigation measure shall be implemented: 1. The provisions of the hillside conservation regulations shall be applied to the parcels contained in Tentative Parcel Map 30586. I. d) The project will generate a minimal amount of light since only two units can ultimately be built on the two parcels. The City's dark sky ordinance will be applied to all lighting plans submitted for the proposed homes. These requirements do not allow lighting to spill over to other properties. The potential impacts associated with light and glare for two homes are not expected to be significant. II. a)-c) The proposed project site is neither in a prime agricultural area, nor subject to Williamson Act contracts. III. a) The primary source of air pollution in the City is the automobile. The Tentative Parcel Map will result in the construction of 2 homes, which will generate up to 19 average daily trips'. Based on this trip generation, the proposed project will generate the following pollutants. 1"Trip Generation, Sixth Edition," Institute of Transportation Engineers, based on single family detached home category. P:\FRED\WashParkEA-Add458.wpd Running Exhaust Emissions Table III -7 Calculations of Fugitive Dust Potential Total Acres to be Factor Total Potential Dust Disturbed at Buildout* (lbs./day/acre) Generation (lbs./day) 4 26.4 107.184 Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District, April 1993. (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 0.59 0.02 0.12 -- 0.00 0.00 Daily Threshold* 550 75 100 150 Based on 19 trips/day and average trip length of 6 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F, year 2005. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. The proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution are not expected to be significant. III. b) The proposed project will not result in any stationary source air quality violations, since buildout will generate only 2 homes. III. c) & d) The construction of the proposed project will have the potential to generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM10 (particulate matter of 10 microns or smaller). The proposed parcel map would result in the disturbance of 4.06 acres of land, and the cutting of 21,864.79 cubic yards of dirt from the site. This has the potential to generate the following amount of fugitive dust. P:\FRED\WashParkEA-Add458.wpd Table III -7 Calculations of Fugitive Dust Potential Total Acres to be Factor Total Potential Dust Disturbed at Buildout" (lbs./day/acre) Generation (lbs./day) 4 26.4 107.184 Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District, April 1993. The Valley has recently adopted stricter measures for the control of PM 10. These measures will be integrated into conditions of approval for the proposed project. The contractors of all homes on the site will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Slope stabilizing landscaping shall be installed immediately upon completion of grading of said slopes. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. P:\FRED\WashParkEA-Add458.wpd With the implementation of these mitigation measures, and the implementation of the Coachella Valley PM 10 Management Plan 2002, the impacts to air quality from buildout will not be significant. III. e) The construction of 2 homes will not generate any objectionable odors. IV) a)-f) A biological resource analysis was prepared for the proposed project as part of the review of Tentative Tract Map 306512. The assessment found that although the project occurs in the potential habitat area for several species of concern, the habitat on the project site has been degraded by off -road vehicle use and illegal dumping, and these species are not expected to occur on the site. During the City Council review of the previous Tentative Tract Map 30651, the applicant for the proposed project accepted additional conditions of approval relating to biological resources, which are to mitigate the potential impacts to biological resources on the site. These conditions are listed below. 1. The existing streambed located 300' west of lot 25 will not be altered in any way without prior consent of the Department of Fish and Game, the Fish and Wildlife Service, and the City of La Quinta. 2. The applicant will provide to the City of La Quinta or its designee, 3 acres (3:1 Ratio) of mitigation property in Martinez Canyon or an alternate agreed upon location or $1,500 for property acquisition related to potential streambed alteration. The applicant will also provide 120 acres (2:1 Ratio) of mitigation property in Martinez Canyon or an alternate agreed upon location or a maximum of $60,000 related to possible loss of potential bighorn habitat. Payment shall be made in the form of a security bond as approved by California Department of Fish and Game and be made prior to grading. 3. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and fertilizers used during the construction and operation of the Project Site will not be harmful to wildlife. 4. A construction plan shall be prepared and demonstrate, to the extent practicable, construction activities that emit excessive noise will be avoided adjacent to the hillside. In addition, during grading and construction activities any blasting or pile -driving near the hillside will not occur during the period from Jan. 1 through June 301h 2"General Biological Assessment Quarry Ranch," prepared by VHBC, Inc., July 24, 2002. P:\FRED\WashParkEA-Add458.wpd 5. The landscape plan shall include only plants that are non -toxic to wildlife. All exotic plants such as tamarisk and fountain grass are prohibited. Existing trees may remain. 6. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside, if any, shall be constructed. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the developer shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which bighorn sheep can be entangled. If the developer transfer or disposes of any of the property adjacent to the hillside, the developer shall reserve an easement sufficient for the construction of fencing if needed in the future. 7. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. 8. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by the USFWS and CDFG. 9. The final design of the project shall insure that road and driveways are designed to minimize headlight shine from vehicles onto the hillside. 10. In all areas adjacent to the hillsides, non -glare glass shall be used in new construction. Exterior building lights shall not shine on the hillside. Exterior lighting shall be kept at the safest possible minimum intensity and aimed away from the hillside. 11. The developer shall obtain a stream bed alteration agreement with the Department of Fish and Game prior to grading if required under the California Fish and Game Code. Since the proposed project falls under the boundaries of the previous approval, the conditions of approval listed above shall also apply to Tentative Parcel Map 30586, and will serve as mitigation for this project. Impacts to biological resources are not expected to be significant. V. a)-d) A Phase I cultural resources survey was completed for the proposed project as part of the review of Tentative Tract Map 306513. The survey found no historic structure on the site, but did identify a historic trash dump. The survey also 3 "A Phase I Cultural Resources Inventory for the Quarry Ranch Development," prepared by the Keith Companies, June 12, 2002. PAFRED\WashParkEA-Add458.wpd identified a prehistoric site, in the form of sherd scatter. The Phase I study made recommendations for mitigation measures which were confirmed by the Historic Preservation Commission, as follows: 1. An archaeologist shall be present on and off site during all grubbing and earth moving activities. The archaeologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. 2. A Phase II testing program for the historic and prehistoric sites identified on the project shall be completed and submitted to the City for review and approval prior to recordation of the final map. VI. a) i), ii) & iv► A geotechnical analysis was completed for the project site as part of the review of Tentative Tract Map 306514. The project site lies in a Zone III groundshaking zone. The site is not located within an Alquist Priolo Study Zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. These requirement will ensure that impacts from ground shaking are reduced to a less than significant level. VI. b) The site is not located in a blowsand hazard area, and will therefore not be subject to significant soil erosion from wind. The site is subject to flooding erosion, however. The project proponent will be required to secure approval from the Coachella Valley Water District for all flood control plans on the site. These plans will be required to include control of soil erosion. Please also see hydrology discussion below. VI.c)-e) The geotechnical analysis found that the soils on the site are not expansive, and that they will support the development proposed by the project proponent. The geotechnical analysis found that the soils on the site are loose and that caving occurred during borings. The soils on the site will not support foundation designs unless the following mitigation measure is implemented: 1. All building areas shall be watered and recompacted as described in the geotechnical analysis, resulting in 90% relative compaction to a depth of at least 2 feet below the existing grade or 3 feet below pad grade, whichever is deeper. 4"Geotechnical Investigation Proposed Short Course Development The Quarry...," prepared by Sladden Engineering, July 31, 2002. PAFRED\WashParkEA-Add458.wpd VII. a)-h) The construction of 2 homes on the project site will not expose residents or neighbors to hazards or hazardous materials. The site is not located within an airport land use plan. The site is not located within a wildland fire area. All emergency responses will be implemented in accordance with the City's Emergency Response Plan, in cooperation with the County of Riverside. VIII. a), c),d) & e) The proposed project will be responsible for the drainage of on and off site flows tributary to the Bureau of Reclamation Dike No. 2. Siltation and debris were also identified as issues in this area, due to its proximity to the Coral Reef Mountains. The proposed project will tie into the proposed improvements for Tentative Tract Map 30651, which include an earthen ditch with flood wall at. the southwest corner of the adjacent tract, another along the southern boundary of the site, and a trapezoidal channel within the Jefferson Street right of way. CVWD required the preparation of a hydraulics, hydrology and drainage study for Tentative Tract Map 306515, to address flood control issues throughout the site. CVWD is still reviewing the materials at this writing, but has indicated that the proposed improvements, with some modifications, will reduce the impacts associated with drainage and flood control on the site to less than significant levels. In order to assure that this is the case, the following mitigation measure shall be implemented: 1. The project proponent shall secure approval of all flood control improvements from the Coachella Valley Water District prior to any earth moving activity at the site. VIII. b) Buildout of the site will result in the construction of 2 homes which will utilize groundwater for domestic and landscaping. The Coachella Valley Water District provides domestic water to the subject property. The 2 homes will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts to groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. IX. a) & c) The project site is currently vacant, and will be integrated into an existing country club development. The project is consistent with the General Plan and Zoning designations for the project site. The project will neither divide an existing community, nor conflict with a habitat or natural community conservation plan. 5^Hydrology, Hydraulics and Drainage Concept Study for Quarry Ranch....," prepared by Tettemer and Associates, July 2002. P:\FRED\WashParkEA-Add458.wpd IX. b) The proposed project is proposed for an area governed by the City's hillside conservation regulations. These regulations explicitly limit the potential for development within the City's hillsides. The regulations are designed to specifically protect the valuable asset the City has identified in its hillsides. The project proponent has completed the required Specific Plan and Conditional Use Permit required under the regulations. As such, the potential impacts have been mitigated, with the exception of the preparation of a Site Development Permit. This standard will be imposed at the time that actual development is proposed for parcels 1 and 2. This final standard will be the final mitigation of potential impacts. 1. The proposed project shall conform to the hillside conservation regulations pertaining to the preparation of Site Development Permits for the two residential units. With the implementation of this mitigation measure, the impacts to the City's regulations relating to impacts on an environmental effect will be mitigated to a less than significant level. X.a) & b) The project site occurs outside the MRZ-2 Zone, and is not expected to contain resources. XI.a) The project site is not located in an area of the City subject to high traffic noise levels. The location of 2 homes on the site will not generate significant noise levels. The impacts associated with noise are not expected to be significant. XI.c) The construction of the project will generate noise from construction equipment and activities. Existing homes occur to the north and west of the site. Homes are considered sensitive receptors to noise, and the construction at the site could have a negative impact. In order to reduce these potential impacts, the following mitigation measures shall be implemented: 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located as far away from existing homes as possible. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. XI. d) & e) The project site is not within the vicinity of an airport or airstrip. PAFRED\WashParkEA-Add458.wpd XII. a)-c) The project site is currently vacant, and will result in the construction of only 2 residential units. No impacts to population and housing are expected. XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will help offset the costs of added police and fire services. The 2 homes within the parcel map boundary will be required to pay the state - mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, the parcel map will be required to participate in the City's Impact Fee Program. Site development is not expected to have a significant impact on municipal services or facilities. XIV. a) & b) The construction of 2 homes will not impact recreational services, insofar as the homes will be located within a country club with recreational amenities. The generation of property tax, and the General Plan policies in place to ensure that standards for parkland acquisition are followed by the City as development occurs, will mitigate potential impacts to these facilities to a less than significant level. XV. a) & b) The buildout of the proposed project will result in 19 average daily trips. The proposed project falls well within the land use analysed in the General Plan EIR traffic study, which found that surrounding roadways in the project area will operate at acceptable levels at General Plan buildout. The impacts associated with traffic are not expected to be significant. XV. c)-g) The project will not impact air patterns. The design of the map does not create any hazardous design features. The homes will be required to provide parking according to City standards. The map provides for emergency access points. Alternative transportation in the form of trails will be implemented throughout the area based on General Plan policies and programs. XVI. a)-f) Utilities are available at the project site. The project developer and individual homeowners will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. P:\FRED\WashParkEA-Add458.wpd 0 0 E k 0 o. 0 0 w 00 0 0 o b a � N w" W O ON V pw A c a cn �a d aw d z O c O C�Vcz U cz U � �0 ovCy 0 o 00 N Cl N Q Na 00 O U 00 N C4) o °z z x d d A V W i I Aa A a d 9 Q d A A U� U� �W �W aUXx aUxx UU UV 0 0 �' L1 ti o Cl a � b v o a a Ln a C) U c0� u Cd Y a+ 00o 0o a0o b b o o v 0 0 En H C F" W o V) CA 0 cl N 0 0 U U v U U ° 0 to o 0 oho oo o 0 o o 00 � o �� U Q Q Q U ,� bo •� to bo U to to cad cts s W W b 'l7 'd U Q U U U m U D now kri N z 0 0 z 0 t o o 0P rn �+ cr �rE5 0 a -d 0 V1 V1 O ci O u N oo 3 cy O `� N x scn a " Co cl F 0 x a b (A OcnO W O bo U P: x CC yCd m 0. a - Q. C-P) A O A A Uzzi U� U� zz� OV OV OV OV cv 0 0 0 �' d 10) a� CA .Itd Q o -ICJ io b ti z ^d to IM4 z z 0-4O zz Q Q zz �, zz Q zz Q UQ UQ 0.�1 UQ UQ cn �; o b o 0-4� b o 0-4 o F o°toF o Fad F d w - .It o n U Cd � 0 � G7 b a N ° U N J a.1 A W � x �U � W � L J Q F• o 0 0 o 0 0 z v � � U U U Q Q Q z rFi cq3 b b b as as � � z o d � a P� o E Cd wo o c O cd to C7 . a w PLANNING COMMISSION RESOLUTION 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 2002- 061, DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 4.06 ACRE PARCEL LOCATED WITHIN THE HILLSIDE CONSERVATION DISTRICT CASE NO. SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22"d day of October , 2002, hold a duly -noticed Public Hearing and recommended approval to the City Council a request of Winchester Development to allow two residential lots to development on 4.06 acres located within the Hillside Conservation Overlay District by means of a Specific Plan (SP 2002-061), Conditional Use Permit (CUP 2002-071) and a Parcel Map (TPM ), collectively "the Project" generally located west of Jefferson Street alignment, south of Quarry Lane, more particularly described as: A PORTION OF APN: 766-050-008 WHEREAS, said Specific Plan has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council, in that the Community Development Director has conducted an Initial Study (EA 2000-395), and determined that the Specific Plan will not have a significant adverse impact on the environment and a Mitigated Negative Declaration of environmental impact is recommended; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings to justify a recommendation for approval of said Specific Plan: 1 That the proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Low Density Residential which permits the uses proposed for the property. 2. That the Specific Plan is compatible with the existing and anticipated area development in that the project, as conditioned, provides adequate circulation. A:\PC.RESO SP 2002-061.wpd Planning Commission Resolution 2002- Specific Plan 2002-061 Winchester Development Adopted October 22, 2002 3. That the proposed Specific Plan will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting project will require Planning Commission review and approval of development plans under a Site Development Permit, which will ensure adequate Conditions of Approval. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend approval of the above -described Specific Plan request for the reasons set forth in this Resolution, subject to the conditions of approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22"d day of October, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development City of La Quinta, California PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any other application pertaining thereto. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Specific Plan, and any Parcel Map submitted thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water, LQMC; Riverside AAPC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SW PPP") . B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 PROPERTY RIGHTS 6. The applicant shall acquire an easement across Lot G of Tract No. 27728 for access to the Specific Plan area in conformance with the City's Genral Plan, Municipal Code, required by the City Engineer. 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 8. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Parcel Map. 9. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 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. 10. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the scale specified, unless otherwise authorized by the City Engineer in writing. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan: 1 " = 40' Horizontal B. On -Site Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant may be required to prepare other improvement plans required by other agencies and utility purveyors. A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 11. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 12. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. 13. Prior to the approval of any Parcel Map pertaining to this Specific Plan, applicant shall satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. GRADING 14. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 15. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 16. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. SWPPP and BMPs All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Parcel Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 17. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 18. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown in the Specific Plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 19. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown in the approved Specific Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. DRAINAGE 20. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 21. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 22. Storm water handling shall conform with the approved hydrology and drainage report prepared for original Quarry. Nuisance water shall be disposed of in an approved manner. UTILITIES 23. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 24. 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, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 25. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 26. The applicant shall comply with the provisions of 13.24.100 (Access For Individual Properties And Development), LQMC. 27. General access to and from the Specific Plan area shall be Tom Fazio Lane South and other existing roads connected to it. 28. The applicant shall extend improvements beyond the subdivision boundaries as needed to ensure they safely integrate with existing improvements. LANDSCAPING 29. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC.) 30. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 ALITY ASSURANCE 31. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 32. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 33. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. MAINTENANCE 34. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC.) 35. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 36. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permit. MISCELLANEOUS 37. The applicant shall comply with all provisions of the Hillside Conservation District (9.140.040) except subsections C, J1, 2, and 3, L, and M. • - •• fromm •� • • ---• 38. The existing streambed located directly est of the project will not be altered in any way without prior consent of the Department of Fish and Game, the Fish and Wildlife Service, and the City of La Quinta. A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 39. The applicant will provide to the City of La Quinta or its designee 8 acres (2:1 Ratio) of mitigation property in Martinez Canyon or an alternate agreed upon location or a maximum of $4,000 related to possible loss of potential bighorn habitat. Payment shall be made in the form of a security bond as approved by California Department of Fish and Game and be made prior to grading. 40. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and fertilizers used during the construction and operation of the Project Site will not be harmful to wildlife. 41. A construction plan shall be prepared and demonstrate, to the extent practicable, construction activities that emit excessive noise will be avoided adjacent to the hillside. In addition, during grading and construction activities any blasting or pile -driving near the hillside will not occur during the period from Jan. 1 through June 30th 42. The landscape plan shall include only plants that are non -toxic to wildlife. All exotic plants such as tamarisk and fountain grass are prohibited. Existing trees may remain. 43. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside, if any, shall be constructed. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the developer shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which bighorn sheep can be entangled. If the developer transfer or disposes of any of the property adjacent to the hillside, the developer shall reserve an easement sufficient for the construction of fencing if needed in the future. 44. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. 45. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by the USFWS and CDFG. 46. The final design of the project shall insure that road and driveways are designed to minimize headlight shine from vehicles onto the hillside. 47. In all areas adjacent to the hillsides, non -glare glass shall be used in new construction. Exterior building lights shall not shine on the hillside. Exterior lighting A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2002-061 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 shall be kept at the safest possible minimum intensity and aimed away from the hillside. 48. The developer shall obtain a stream bed alteration agreement with the Department of Fish and Game prior to grading if required under the California Fish and Game Code. A:\PC COA SP-2002-061.wpd PLANNING COMMISSION RESOLUTION 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP IN HILLSIDE PROPERTY CASE NO.: CONDITIONAL USE PERMIT 2002-071 WINCHESTER DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta did on the 22nd day of October, 2002, hold a duly noticed public hearing and recommended approval to the City Council A request of Winchester Development to allow two residential lots to development on 4.06 acres located within the Hillside Conservation Overlay District by means of a Specific Plan (SP 2002-061), Conditional Use Permit (CUP 2002-071) and a Parcel Map (TPM ), collectively "the Project", generally located west of Jefferson Street alignment, south of Quarry Lane, more particularly described as: A PORTION OF A.P.N. 766-050-008 WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-429), and determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of environmental impact is recommended for certification; and, WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of the Conditional Use Permit: 1 . The project is consistent with the General Plan in that the project proposed for property is residential and the property is designated Low Density Residential. 2. This project has been designed to be consistent with the provisions of the Zoning Code, or amended as allowed in the applicable Specific Plan. 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined this Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of environmental impact has been certified. Planning Commission Resolution 2002- Conditional Use Permit 2001-071 Winchester Development Adopted October 22, 2002 Page 2 4. The design of the project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby recommend that a Mitigated Negative Declaration be certified for this project. 3. That it does hereby recommend to the City Council approval of the above - described Conditional Use Permit request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of October, 2002, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California AAPC RESO CUP 2002-071.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2002-071 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 GENERAL 1. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. The use of the subject property for residential uses shall be in conformance with the approved exhibits and Conditions of Approval contained in Conditional Use Permit 2001-064, Specific Plan 2002-071, and Environmental Assessment 2002-548, unless otherwise amended by the following conditions. 3. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. FIRE MARSHALL 4. Driveways less than 150 feet in length may be 12 feet wide, no turn -around or turn out is required. 5. Driveways exceeding 150 feet, but less than 300 feet must be no less than 16 feet wide. Turnouts will be required at mid -point on driveways exceeding 150 feet, but less than 300 feet and a turn -around will be required at the building end. (Upon review, if there are no line of sight problems between the Street and the building, the Fire Department may waive the turn -out requirement). 6. Driveways exceeding 300 feet in length must be no less than 20 feet wide. No turnouts will be required, however a turn -around at the building end is required. 7. If a required turn -out cannot be provided at mid -point, the road width will be 20 feet he full length, and a turn -around is still required at the building end. 8. Turn -around must be within 50 feet of the building. A:\PC COA CUP 2002-071.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2002-071 OCTOBER 22, 2002 9. Access must not exceed a grade of 15%. The fire Department fire engines have serious difficulty on grades exceeding this amount. 10. Depending on the location of the driveways and the distance to the homes a standard fire hydrant may required at each driveway. The distance from a fire hydrant and the home should not exceed 500 feet. 11. The existing streambed located directly est of the project will not be altered in any way without prior consent of the Department of Fish and Game, the Fish and Wildlife Service, and the City of La Quinta. 11. The applicant will provide to the City of La Quinta or its designee 8 acres (2:1 Ratio) of mitigation property in Martinez Canyon or an alternate agreed upon location or a maximum of $4,000 related to possible loss of potential bighorn habitat. Payment shall be made in the form of a security bond as approved by California Department of Fish and Game and be made prior to grading. 13. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and fertilizers used during the construction and operation of the Project Site will not be harmful to wildlife. 14. A construction plan shall be prepared and demonstrate, to the extent practicable, construction activities that emit excessive noise will be avoided adjacent to the hillside. In addition, during grading and construction activities any blasting or pile -driving near the hillside will not occur during the period from Jan. 1 through June 301n 15. The landscape plan shall include only plants that are non -toxic to wildlife. All exotic plants such as tamarisk and fountain grass are prohibited. Existing trees may remain. 16. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside, if any, shall be constructed. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the developer shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which bighorn sheep can be entangled. If the developer transfer or disposes of any of the property adjacent to the hillside, the developer shall reserve an easement sufficient for the construction of fencing if needed in the future. A:\PC COA CUP 2002-071.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2002-071 OCTOBER 22, 2002 17. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. 18. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by the USFWS and CDFG. 19. The final design of the project shall insure that road and driveways are designed to minimize headlight shine from vehicles onto the hillside. 20. In all areas adjacent to the hillsides, non -glare glass shall be used in new construction. Exterior building lights shall not shine on the hillside. Exterior lighting shall be kept at the safest possible minimum intensity and aimed away from the hillside. 21. The developer shall obtain a stream bed alteration agreement with the Department of Fish and Game prior to grading if required under the California Fish and Game Code. MISCELLANEOUS 22. The applicant shall comply with all provisions of the Hillside Conservation District (9.140.040) except subsections C, J 1, 2, and 3, L, and M. A:\PC COA CUP 2002-071.wpd PLANNING COMMISSION RESOLUTION 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP 30586 TO ALLOW A SUBDIVISION OF APPROXIMATELY 4.08 ACRES INTO TWO LOT SINGLE FAMILY RESIDENTIAL LOTS AND MISCELLANEOUS COMMON AND GOLF COURSE LOTS CASE NO.: TENTATIVE PARCEL MAP 30586 APPLICANT: WINCHESTER DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of October, 2002, hold a duly noticed Public Hearing and recommended approval to the City Council a request of Winchester Development to allow two residential lots to development on 4.06 acres located within the Hillside Conservation Overlay District by means of a Specific Plan (SP 2002-061), Conditional Use Permit (CUP 2002-071) and a Parcel Map (TPM ), collectively "the Project" generally located west of Jefferson Street alignment, south of Quarry Lane, more particularly described as: A PORTION OF A.P.N. 766-050-008 WHEREAS, said Tentative Parcel Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Assessment was completed for this project. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Commission did make the following Mandatory Findings of approval to justify said Tentative Parcel Map 30586: A. The proposed map is consistent with the City of La Quinta General Plan. The project is a Low Density Residential (LDR) District per the provisions of the 2002 General Plan Update. Tentative Parcel Map 30586 is consistent with the goals, policies and intent of the La Quinta General Plan provided conditions contained herein are met to ensure consistency with the General Plan, and mitigation measures pursuant to Environmental Assessment 2002-458. The density and design standards for the tract will comply with the Land Use Element of the General Plan. B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and the Subdivision Ordinance. A:\PC RESO PM 30586.wpd Planning Commission Resolution 2002- Tentative Parcel Map 30586 Winchester Development Adopted October 22, 2002 All streets and improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. All on - site streets will be private. Access for the single family lots will be provided from an internal loop street planned under Tentative Tract Map. C. The design of the Tentative Parcel Map or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is physically suitable for the proposed land division. Therefore, this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures will be implemented. D. The design of the Tentative Parcel Map or type of improvements, are not likely to cause serious public health problems. The design of the Tentative Parcel Map, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. E. The design of the Tentative Parcel Map, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. F. The design of the lots, or type of improvements are not likely to cause serious public health problems in that the Fire Marshall, Sheriff's Department, and the City's Building and Safety Department have reviewed the proposal for public health conditions and the project is conditioned as appropriate. G. The design of the lots, or type of improvements, will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, and that there will be no publicly - owned improvements within the Tentative Parcel Map. A:\PC RESO PM 30586.wpd Planning Commission Resolution 2002- Tentative Parcel Map 30586 Winchester Development Adopted October 22, 2002 H. The design of the lots and grading improvements, including the pad elevation differentials within the tract are an acceptable minimum in that the tract design preserves community acceptance and buyer satisfaction. WHEREAS, in the review of this Tentative Parcel Map, the Planning Commission has considered the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend approval to the City Council of Tentative Parcel Map 30586 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 22"d day of October, 2002 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Parcel Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside A:\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs less than five (5) acres of land, but which is part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control) 2) Temporary Sediment Control 3) Wind Erosion Control 4) Tracking Control 5) Non -Storm Water Management 6) Waste Management and Materials Pollution Control E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the AAPC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall acquire an easement across Lot G of Tract No. 27728 for access on the Parcel Map in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Parcel Map. 9. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 10. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Parcel Map, unless such easement is approved by the City Engineer. PARCEL MAPS 11. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate AutoCAD files of the Parcel Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be f ully retrievable into a basic AutoCAD program. Where a Parcel Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 12. The following improvement plans shall be prepared and submitted for review and approval by the City. A separated set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. A:\PC COA TPM 30686.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 A. On -Site Rough Grading Plan: 1'° = 40' Horizontal B. On -Site Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant may be required to prepare other improvement plans required by other agencies and utility purveyors. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 13. The City maintains standard plans, detail sheets and construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 14. The applicant shall furnish a complete set of the AutoCAD files of all approved plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 15. Prior to the approval of any Parcel Map, the applicant shall install survey monuments and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing installation of the survey monuments or shall agree to any combination thereof, as may be required by the City. 16. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion A:\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 of any improvements related to this Tentative Parcel Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 17. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 18. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: (1) construct certain off -site improvements, (2) construct additional off -site improvements, subject to the reimbursement of its costs by others, (3) reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map, (4) secure the costs for future improvements that are to be made by others, or (5) to agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Parcel Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 19. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed cost estimates for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed cost estimates for conditional approval of the Parcel Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. A:\PC COA TPM 30586.wpd I PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 20. Should the applicant fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 21. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 22. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 23. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer. C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. BMPs for Storm Water Pollution Prevention, erosion Control, and dust control. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Parcel Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 24. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 25. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations and grading shown in Specific Plan AAPC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 2002-061, unless the pad elevations have other requirements imposed elsewhere in these conditions of approval. 26. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown in the approved Specific Plan 2002-061, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 27. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 28. The applicant shall meet the individual -lot retention provisions of Chapter 13.24.120 (Drainage), sub -section "K.", LQMC. 29. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 30. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 31. Storm water handling shall conform with the approved hydrology and drainage report prepared for original Quarry.. Nuisance water shall be disposed of in an approved manner. UTILITIES 32. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. A:\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 35. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 36. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. The applicant shall comply with the provisions of Section 13.24.100 (Access For Individual Properties And Development), LQMC. 38. General access to and from the Specific Plan area shall be Tom Fazio Lane South and other existing road connected to it. 39. The applicant shall extend improvements beyond the subdivision boundaries as needed + 8to ensure they safely integrate with existing improvements. LANDSCAPING 40. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 41 . The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. QUALITY ASSURANCE 42. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 43. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 44. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. A:\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 MAINTENANCE 45. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 46. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 47. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. IffieWIPr •►_ •�� • • -• 48. The existing streambed located directly est of the project will not be altered in any way without prior consent of the Department of Fish and Game, the Fish and Wildlife Service, and the City of La Quinta. 49. The applicant will provide to the City of La Quinta or its designee 8 acres (2:1 Ratio) of mitigation property in Martinez Canyon or an alternate agreed upon location or a maximum of $4,000 related to possible loss of potential bighorn habitat. Payment shall be made in the form of a security bond as approved by California Department of Fish and Game and be made prior to grading. 50. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and fertilizers used during the construction and operation of the Project Site will not be harmful to wildlife. 51. A construction plan shall be prepared and demonstrate, to the extent practicable, construction activities that emit excessive noise will be avoided adjacent to the hillside. In addition, during grading and construction activities any blasting or pile -driving near the hillside will not occur during the period from Jan. 1 through June 30tn A:\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 51. The landscape plan shall include only plants that are non -toxic to wildlife. All exotic plants such as tamarisk and fountain grass are prohibited. Existing trees may remain. 52. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside, if any, shall be constructed. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the developer shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which bighorn sheep can be entangled. If the developer transfer or disposes of any of the property adjacent to the hillside, the developer shall reserve an easement sufficient for the construction of fencing if needed in the future. 53. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. 54. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by the USFWS and CDFG. 55. The final design of the project shall insure that road and driveways are designed to minimize headlight shine from vehicles onto the hillside. 56. In all areas adjacent to the hillsides, non -glare glass shall be used in new construction. Exterior building lights shall not shine on the hillside. Exterior lighting shall be kept at the safest possible minimum intensity and aimed away from the hillside. 57. The developer shall obtain a stream bed alteration agreement with the Department of Fish and Game prior to grading if required under the California Fish and Game Code. MISCELLANEOUS 58. The applicant shall comply with all provisions of the Hillside Conservation District (9.140.040) except subsections C, J1, 2, and 3, L, and M. 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