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2003 06 24 PCI Planning Commission Agendas are now available on the City's Web Page @ www.la-quinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JUNE 24, 2003 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2003-041 Beginning Minute Motion 2003-010 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. I11. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the regular meeting of June 10, 2003. B. Department Report V. PRESENTATIONS: None PC/AGENDA VI. PUBLIC HEARING: A. Item ................. CONTINUED - ENVIRONMENTAL ASSESSMENT 2002-462, SPECIFIC PLAN 2003-062, AND SITE DEVELOPMENT PERMIT 2002-754 Applicant .......... Marinita Development Company Location ........... Southwest corner of Jefferson Street and Fred Waring Drive Request ............ Consideration of: 1) Certification of a Mitigated Negative Declaration; 2) review of development principles and design guidelines for a 50,000 square foot market, 23,000 sq. ft. drug and retail store, and 20,970 sq. ft. of retail shops. Action .............. Continue to September 9, 2003 B. Item ................. SITE DEVELOPMENT PERMIT 2003-773 Applicant .......... California Cove Communities Location ........... Northeast corner of Madison Street and Airport Boulevard Request ............ Consideration of architectural plans for three new single family prototype residential units with two different elevations for each unit within the Greg Norman golf course development Action .............. Request to continue to July 8, 2003 C. Item ................. SITE DEVELOPMENT PERMIT 2003-725, AMENDMENT #1 Applicant ......... Vons, a Safeway Co. Location ........... Southwest corner of Highway 1 1 1 and Washington Street, in Plaza La Quinta Request ........... Consideration of a waiver of the requirement to install a bus shelter on the south side of Highway 111 for the Plaza La Quinta Shopping Center as required by Condition #12 of Planning Commission Resolution 2002-022 Action ............. Resolution 2003- D. Item ................. SITE DEVELOPMENT PERMIT 2002-771 Applicant .......... Larry Andrews Location ........... East side of Washington Street, southeast of Avenue 47 Request ............ Consideration of development plans for construction of a 11,200 square foot commercial office building in an approved commercial office complex. Action .............. Resolution 2003- PC/AGENDA E. Item ................. CONDITIONAL USE PERMIT 2003-076 AND TENTATIVE PARCEL MAP 31253 Applicant .......... Winchester Development Location ........... West of Jefferson Street, south of Quarry Lane Request ............ Consideration of a request to allow development within the Hillside Conservation District and approval of a division of 20 acres into two residential lots. Action .............. Resolution 2003- , Resolution 2003- F. Item ................. CONTINUED - ZONING ORDINANCE AMENDMENT 2003-076 Applicant .......... City of La Quinta Location ........... City-wide Request ............ Consideration of an amendment to the Zoning Code relating to Front and Side Yard Setbacks and Lot Sizes: Sections 9.30.020, .030, .040, .050, .060,.070 - Residential Districts Section 9.50.070.13 - Residential Development Standards Section 9.60.060.13 - Supplemental Residential Regulations Section 9.60.320.0 - Resort Residential Table 9.2 - Residential Development Standards Figure 9.1 - Development Standards: RVL and RL Districts Figure 9.2 - Development Standards: RC Districts Figure 9.3 - Development Standards: RM and RMH Districts Figure 9.4 - Development Standards: RH and RSP Districts Action .............. Resolution 2003- VII. BUSINESS ITEMS: A. Item ................ REVIEW AND CLARIFY USE OF BANNERS AND FLAGS, INCLUDING THE AMERICAN FLAG, FOR TEMPORARY ADVERTISING CONSIDERATIONS Applicant ......... Bart Rinker/Rinker Enterprises Location .......... 47-120 Dune Palms Road Action ............. Provide staff with direction VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: A. Report on the City Council meeting of June 17, 2003, by Commissioner Abels PC/AGENDA X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on June 24, 2003, at 7:00 p.m. PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 10, 2003 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Butler who asked Commissioner Tyler to lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planner Fred Baker, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: 1 . Chairman Butler asked if there were any corrections to the Minutes of May 27, 2003. There being no corrections, it was moved and seconded by Commissioners Abels/Kirk to approve the minutes as submitted. Unanimously approved. 2. Department Report: None V. PRESENTATIONS: None VI. PUBLIC HEARINGS: None A. Site Development 2003-770; a request of Michael Shovlin for consideration of development plans for a 10,558 square foot commercial building located on the north side of Highway 1 1 1, 375 feet west of Adams Street within the One Eleven La Quinta Shopping Center. Planning Commission Minutes June 10, 2003 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked about the Architecture and Landscaping Review Committee's (ALRC) comments regarding the parking lot islands. Staff indicated the ALRC wanted the islands to be shorter at the entrance and staff had added a condition requiring the reduction. 3. Commissioner Tyler stated Condition #35 should be more specific as to what and where it is to be shortened and by how much. Staff stated the condition would be modified to make that clarification. Commissioner Tyler asked that Item 7 of the Resolution be amended to state the "approved" sign program. Condition #49 corrected to state "...which is allowed to be...". He asked that the site plan be corrected to read water and sewer would be provided by Coachella Valley Water District. 4. Commissioner Kirk asked if the applicant had responded to the ALRC's request for "people places" on the site plan. Staff stated they had not. Commissioner Kirk asked that Condition #29 be cleaned up to eliminate any reference to "homes". Staff stated it would be deleted. 5. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Dave Smalley, representing the project, stated they had no objections to any of the conditions and were available to answer questions. 6. Commissioner Kirk asked if they had any design ideas on the "people places" area. Mr. Smalley stated they intended to possibly install a fountain, some benches, and maybe a depressed area using landscaping to define separate areas. 7. Commissioner Tyler asked if they had any objection to shortening the parking islands. Mr. Smalley stated they had no objection to reducing the length. He did ask that Condition #34 be modified to require a pocket for a tree at the end of the compact car space, or a diamond planter. Commissioner Tyler expressed his concern about how the condition was written. Following discussion, it was determined to delete the condition. G:\WPDOCS\PC Minutes\6-10-27-03WD.doc Planning Commission Minutes June 10, 2003 8. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-031 approving Site Development Permit 2003- 770, as amended: a. Conditions #29 & #34: deleted b. Condition #35: modified to read, "Two parking islands, as shown on Exhibit "A" shall be shortened by two feet. C. Condition #49: correct the spelling of the word "allowed". d. Item 7 of the Resolution would be corrected to read, "approved sign program." ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. B. Site Development Permit 2002-751; a request of Washington 1 1 1, Ltd. For consideration of an amendment to Condition of Approval No. 40 regarding the Target elevations for the property bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street. 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked that Condition #40 be amended to state the developer will work with staff. 3. There being no further questions of staff, the applicant having no questions, and no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2003-032, approving Site Development Permit 2003- 751, as recommended. G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 3 Planning Commission Minutes June 10, 2003 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. C. Environmental Assessment 2003-473, General Plan Amendment 2003- 092, Zone Change 2003-114, Tentative Tract Map 31289, and Site Development Permit 2003-769; a request of Jim Hayhoe for consideration of: 1) Certification of a Mitigated a Mitigated Negative Declaration; 2) Change of the General Plan Land Use Category from Community Commercial to Low Density Residential; 3) Change to the Zoning District from Community Commercial to Low Density Residential; 4) Subdivision of three parcels into seven single family lots; and 5) Review of architectural, landscape, and site plans for two single story house plans ranging in size from 3,080 square feet to 3,362 square feet. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell 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 staff who determines what the fair share cost of the two-way left turn lane should be as referenced in Condition 34.A.1. Assistant City Engineer Steve Speer stated the City will have to take the lead and ask the developers to pay their fair share. It is a two-way left turn lane in the center of the street and it is yet to be determined what the fair share will be to each of the developers. Commissioner Tyler asked staff to clarify Condition 34.A.2. Staff stated the intent is that the applicant will have to across the street to hook up to the utilities (7 utility trenches). The intent is for the developer to grind off 1 /10 of the depth of the pavement for the entire width and length of the street they are cutting, then overlay it back with smooth, new asphalt. Commissioner Tyler asked if a condition could be added to require the developer to provide a disclosure that a commercial designation exists across the street. Staff stated a condition would be added. 3. Commissioner Kirk asked if all commercial properties to the west had been approved. Staff stated Lots 1, 2, part of 3, and 4 have not yet been built out. Commissioner Kirk stated his concern was that by only placing a requirement in the CC&R's, the people purchasing will not have knowledge of it. Staff suggested it be G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 4 Planning Commission Minutes June 10, 2003 included in the sales agreement for each house as well. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Jim Hayhoe, developer, stated he has no objection to the conditions and is available to answer any questions. 5. Commissioner Tyler asked about Plan 2A in regard to the location of the air conditioning condenser being next to the guest bedroom. He would suggest a different location. 6. There being no further questions of the applicant, Chairman Butler asked if there was any other public comment on this project. 7. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-033, recommending Certification of a Mitigated a Mitigated Negative Declaration for Environmental Assessment 2003-473, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 9. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2003-034, recommending approval of General Plan Amendment 2003-092, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 10. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-035, recommending approval of Zone Change 2003-1 14, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 5 Planning Commission Minutes June 10, 2003 11. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2003-036, recommending approval of Tentative Tract Map 31289, as amended: a. Condition #34.A.2: clarify wording b. Condition #44: amend to state front and rear yards C. Condition #63: require a disclosure in the sales contract regarding the commercial property to the west of the site. 12. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-037, recommending approval of Site Development Permit 2002-769, as recommended/amended: a. Condition #3: add "final front and rear yards. D. Environmental Assessment 2002-462, Specific Plan 2003-062, and Site Development Permit 2002-754; a request of Marinita Development Company for 1) ) Certification of a Mitigated Negative Declaration; 2) review of development principles and design guidelines for a 50,000 square foot market, 23,000 square foot drug and retail store, and 20,970 square feet of retail shops. 1. Planning Manager Oscar Orci informed the Commission the applicant had requested a continuance to the meeting of June 24, 2003. 2. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to continue project to June 24, 2003. Unanimously approved. E. Environmental Assessment 2003-472, Specific Plan 2003-064, and Tentative Tract Map 31202; a request of Desert Elite for : 1) Certification of a Mitigated Negative Declaration; 2) development principals and design guidelines for a residential development; and 3) the subdivision of 79.21 acres into 202 single family homes, for the property located at the southwest corner of Monroe Street and Avenue 52. 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 6 Planning Commission Minutes June 10, 2003 Commissioner Tyler stated there was a difference in the staff report and Specific Plan as to whether the houses will be one story or two. Staff noted they are all single story and will be corrected to reflect this. Commissioner Tyler asked that Condition #52.A.2. be rewritten for more clarity. Also, Condition #56, two car stacking does not seem like enough. Assistant City Engineer Steve Speer stated the two car stack would be sufficient as they would only be stacking guests and not residents. Commissioner Tyler asked about the secondary access as it is not mentioned in the Specific Plan. Staff stated this is an emergency access only and they would be required to note this on the tract map and Specific Plan. He suggested the last sentence of Condition #85 be deleted. Commissioner Tyler asked about the height of the canopy trees and how much clearance would be needed for the horse riders. Staff stated this would be reviewed when the landscape plan was submitted. Commissioner Tyler asked whether or not any consideration had been given to having a horse crossing at the entrance on Avenue 52. Assistant City Engineer Steve Speer stated that due to the existing driveways on the north side of the street, there is no full turning movement at their main entrance. The full turn is further to the west. Commissioner Tyler noted changes that were to be made in the Specific Plan. 3. Commissioner Kirk asked if there was anything in the Specific Plan that relaxed or significantly modified the existing Zoning Code requirements. Staff noted the deviations were in the range of lot sizes, the height of the houses, as well as setbacks. Staff also asked that a condition be added to the Specific Plan on Pages 19- 46 to include the ranges of the proposed floor plans versus the minimum Code requirement of 1,400 square feet. This gives a range of 2,200 to 2,800 square feet as proposed by the applicant's floor plans. 4. Commissioner Kirk asked that a condition be added to the Specific Plan requiring 50 percent of the landscaping can be in turf. 5. Commissioner Robbins stated a well site will be required and should be shown on the plan. Staff noted it will be located somewhere on Lot 9 or 10. Commissioner Robbins asked that the adjoining properties be given notification of its location. 6. Commissioner Tyler asked if there was a condition that the front yard setbacks be staggered. Staff stated there was. G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 7 Planning Commission Minutes June 10, 2003 7. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. John Pedalino, representing Desert Elite, stated that when the project was designed, the General Plan and surrounding uses were taken into consideration. The General Plan did call out 2-4 units per acre with minimum lot sizes of 10,000 square feet. However, with the existing setbacks and the way the General Plan was written, you could put a 1,500 square foot home with a three car garage on the lot. This was the reason for the deviation. If you take out the half acre equestrian lots, you are averaging 10,600 square feet per lot. If you include the half acre lots, it is 11.5. As to the minimum livable area, they would like to have 2,000 square feet. The houses will be staggered 4-6 feet, should the depth of the lots allows this with the setbacks. The main access will be on Avenue 52. The gate will be set back to allow stacking for 4-5 cars. The map shows the well site will be in the northeast corner of the site. He asked that a condition be added, that during the first phase of development, the perimeter block wall will be required to be installed on Monroe Street and Avenue 52 during the first phase of development and not the landscaping. 8. Commissioner Tyler asked when the landscaping would be installed. Staff stated a condition could be added that it be before the final of the first house. 9. Commissioner Kirk asked if the retention areas that back up to the homes, would be an amenity or will there be a block wall. Mr. Pedalino stated there will be a block wall, but the south and west facing homes will have an opening to the retention area. They are considering various uses for the retention area, but will make a decision at a later date. 10. Commissioner Robbins asked the purpose of the easement on Lot "M". Mr. Pedalino stated it is an easement for the irrigation lines. Commissioner Robbins stated that if this is only a ten foot easement to match what the existing easement is, it becomes unworkable when you put block walls on either side. It turns into a very narrow space that is unworkable to perform any maintenance on and becomes an unmaintained area. The width needs to be enlarged. G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 8 Planning Commission Minutes June 10, 2003 11. There being no further questions of the applicant, and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the issue for Commission discussion. 12. Commissioner Robbins stated he liked the project overall, but the Specific Plan needs to be clarified that if the developer is providing front yard landscaping, then it should be reviewed in accordance with the current landscaping standards. 13. Commissioner Kirk commended the applicant on the project. He would like to have a condition added requiring the landscaping for both the front yards and common areas be more drought resistant. 14. Commissioner Tyler stated he concurred with Commissioner Robbin's statement about the easement and block wall on Lot "M". Other than that it is a good project that he would support. 15. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-038 recommending Certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-472, as amended: a. Environmental Assessment Addendem I.a.b.c.: amended to state, "Homes will be no more than 22 feet high within the 150 image corridor setback..." b. Addendum III.C.7 amended to state , "The perimeter block wall shall be installed with the first phase of development along Avenue 52 and Monroe Street. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 16. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2003-039 recommending approval of Specific Plan 2003-064, as amended: a. Pages 19-46 of the Specific Plan shall be amended to state the size of the floor plans for the homes will be 2000 to 2800 square feet and all units shall be one story. b. Condition added: Front yard landscaping shall consist of two trees (minimum 1.5 inch caliper measured three feet up G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 9 Planning Commission Minutes June 10, 2003 from grade level after planting), ten five gallon shrubs and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (2 inch diameter) shall be used to stake trees. All shrubs and trees shall be irrigated by bubbler or emitters. To encourage water conservation no more than 50% of the front yard landscaping shall be devoted to turf. Future home buyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. C. Condition added: Use of lawn areas shall be minimized with no lawn or spray irrigation being placed within 18 inches of street curbs. d. Condition added: Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. e. Condition added: Prior to issuance of the first Certificate of Occupancy, the applicant shall complete the perimeter walls, landscaping and gates. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 17. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2003-040, recommending approval of Tentative Tract Map 31202, as amended: a. Condition D7.A.1.: amended to read, "Avenue 52 (primary Arterial — A) - The standard 55 feet from the centerline of Avenue 52 for a total 110 foot ultimate developed right of way except for an additional right of way dedication at the Monroe Street intersection of 64 feet from the centerline and 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under 'STREET AND TRAFFIC IMPROVEMENTS'." b. Condition #9.A.1. and #55.B.1.: Add the following: "Alternatively, the applicant may construct the narrower street that is detailed on the tentative map if the applicant records a no on -street parking requirement in the property CC&R's. The no on -street parking requirement shall be enforced by the HOA which may accommodate occasional short interval parking via HOA issued permits and other specific short term parking needs the HOA deems G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 10 Planning Commission Minutes June 10, 2003 appropriate to accommodate without a permit." C. Condition #55.A.1.: Amend the third paragraph to read: "Construct 66 foot roadway intersection improvements (4 foot median nose and travel lane widths to include two 10 foot left turn lanes, two 12 foot eastbound through lanes, 8 foot bike/golf cart lane and 10 foot deceleration/right turn only lane, excluding curbs)." d. Condition #55.A.2.: Add the following to the end of the paragraph, "This condition will be waived by the City if the developer submits a traffic signal warrant study that demonstrates the subject intersection will not meet warrants for a signal, under future community building -out conditions, as a result of traffic generated by this development." e. Condition #59.A." Add to the end of the condition, "The left turn out prohibition will be waived if the property owner on the north side of Avenue 52 revises the onsite traffic circulation system on the north side to eliminate the full turn access located 1,950 feet west of Monroe Street, provided the City of Indio consents to the revised circulation system." f. Condition #59.D.: Add, "In addition to the allowable turning movements and restrictions noted in paragraphs A, B, & D the Avenue 52 median shall accommodate the following turning movements serving properties o the north side of the street located in the City of Indio: 1.) Full turn access serving the equestrian property where it connects to Avenue 52, one thousand nine - hundred fifty (1,950) feet west of Monroe Street; and 2.) Left turn only in to the property (no left turn out) where it connects to Avenue 52, seven hundred twenty (720) feet west of Monroe Street. g. Condition #85: Delete the last sentence. h. Condition added: Lot L shall be switched with Lot 98 for the retention basin. i. Condition added: A disclosure shall be added to the sales agreement regarding the location of the well site. j. Condition added: Applicant shall work with staff to obtain an equestrian crossing for Avenue 52. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 11 Planning Commission Minutes June 10, 2003 Chairman Butler recessed the meeting at 8:39 p.m. and reconvened at 8:45 p.m. F. Zoning Ordinance Amendment 2003-076; a request of the City for consideration of an amendment to the Zoning Code relating to Front and Side Yard Setbacks and Lot Sizes: for Sections 9.30.020, .030, .040, .050, .060,.070 — Residential Districts; Section 9.50.070.B - Residential Development Standards; Section 9.60.060.13 - Supplemental Residential Regulations; Section 9.60.320.0 — Resort Residential; Table 9.2 — Residential Development Standards; Figure 9.1 — Development Standards: RVL and RL Districts; Figure 9.2 — Development Standards: RC Districts; Figure 9.3 — Development Standards: RM and RMH Districts; Figure 9.4 — Development Standards: RH and RSP Districts 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff asked the Assistant City Attorney to explain vesting rights and what the zoning changes may cause to happen in regard to tract maps, vesting tract maps, site development permits, and specific plans. Assistant City Attorney Michael Houston stated Section 9.200.080.D. of the Zoning Code permits vesting rights when permit applications are approved by the City. This is different than some of the legal requirements the current California Law would allow. So in some ways, the City does have some broader vesting right provisions than other municipalities. However, the general rule is that rights to do vest until building permits are issued and substantial completion of the project is accrued, unless certain limited agreements are entered into. One such agreement would be a development agreement, under the California Statues in the California Zoning Code. In addition, there are some provisions with respect to vesting tentative maps which are not frequently used. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked if the City had the right to grandfather existing projects if the proposed changes were made. Assistant City Attorney Michael Houston stated this could pose some problems, but from a legal perspective, it could be done. Commissioner Robbins stated it is unfair to change requirements on a tract that is in process. Either they are all under the current codes, or fall under the new codes. There should also be some reasonable time limit placed on the project that if no work, or G:IWPDOCSIPC MINUTESI6-10-27-03WD.DOC 12 Planning Commission Minutes June 10, 2003 permits issued, has occurred on a project within a certain period of time, the project will revert to the new codes. 3. Commissioner Kirk asked how you could vest for part of a Zoning Code change. Can we vest in some area and not in others? Assistant City Attorney Michael Houston stated you can, but from a practical perspective it would be difficult to enforce. We already have, with respect to permit approvals, vesting rights. Front Yard Setbacks: 4. Staff reviewed the proposed changes. Commissioner Kirk expressed his concern about a 15 foot front yard setback in relation to a casitas. What would stop a developer from designing all the homes with a casitas in the front yard with a 15 foot setback. Staff stated this was an issue staff was discussing currently in regard to what was currently being submitted by property owners. They were considering requiring all casitas units to go through the minor use permit process. We need to look into is the definition of what a casitas is and what the requirements should be including the deed restriction. 5. Mr. Allan Levin, 76-768 Bishop Place, Palm Desert, asked about the setbacks for a side entry garage. Staff stated it is a uniform setback. Mr. Levin asked that the Commission consider a variation in the setbacks for a side entry. He also asked for an exception, for those projects that already have an approval, with a termination clause. He would prefer a 20 foot front yard setback. Community Development Director Jerry Herman stated if you are measuring from back of curb and there is a sidewalk, and you have 20 feet from the back of the curb and you park a vehicle there, you may not be able to get onto the sidewalk. Mr. Levin stated he would request that language be added that if a sidewalk is proposed it be 25 feet; if no sidewalk is proposed 20 feet. 6. Mr.Mike Marix, 128 Vista Monte, Palm Desert, stated people are buying homes for the rear yard privacy and this setback is taking away from that privacy and this is not the right use of the land. Commissioner Robbins stated on private streets this is correct, but on public streets it gives more backyard. On a public street you have a minimum of seven feet behind the curb, by moving it to 25 feet from the curb, rather than 20 feet from the property line, you gain at least two feet. Mr. Marix questioned the definition of a casitas or bedroom conversion and setbacks. He prefers the G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 13 Planning Commission Minutes June 10, 2003 setbacks remain as they are currently written. They have plans that have three car garages, two cars are straight in and one is a turn in. They have an option on the turn in to make it another bedroom. Legally that can be 15 feet. He questioned why it should be any different if they convert it to another bedroom and bath as part of the house. These proposed changes are huge issues in regard to land uses and it will vastly alter the square footage of the houses that are permissible on lots. He would request this be discussed in detail and great length before making the changes. He argued that the landscaping, as it matures, will obscure the setbacks anyway. 7. Mr. Art Gardner, Coachella Valley Engineers, stated he has a problem with the 25 foot setback from back of curb on a public street. One of the issues has been that handicap access is becoming an issue with cross driveway approaches. Typically on a public street you will have a 10 foot right of way parkway from the face of curb to the right of way, five foot sidewalk, and in some instances a wrap around the driveway approach. Commissioner Robbins suggested it go to 30 feet in this case. Discussion followed regarding the different scenarios. 8. Mr. Marix stated the solution to the Americans with Disabilities Act (ADA) is to have wedge or rolled curbs which would mitigate the problem. You are the top level of the curb which does away with the off -set problem. 9. Mr. Craig Knight, 60-995 Monroe Street, Indio, stated he would prefer to have the 20 foot setback remain and vary the distance lot to lot. 10. Mr. John Gamlin, 81-100 Avenue 53, stated he has a concern regarding the side -loaded garages. If the intent is to create a variable edge on the streetscape he would recommend having a requirement that a certain percentage of the setback exceed 20 feet of the homes. 11. Commissioners discussed the various options and issues created by the different setbacks. Side Yard Setbacks: 12. Staff reviewed the proposed changes. Commissioner Robbins clarified that the proposed change was to have a 15 foot clear G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 14 Planning Commission Minutes June 10, 2003 setback and the house can slide anywhere within that envelope with a minimum of five feet clear on one side yard. 13. Commissioner Tyler asked that the word "clear" be added between "minimum" and "distance" to make sure there is at least five feet clear. He stated it should say, "a minimum clear distance of at least five shall be provided on one side." 14. Chairman Butler asked what the Fire Department and Building Department thought about having the pool and/or air conditioning equipment in the five foot side yard setback. Staff stated they expressed no concern as long as there is at least one side yard that is capable of providing access. Lot Size Minimums: 15. Staff reviewed the proposed changes. Chairman Butler opened the public participation of the hearing. 16. Commissioner Tyler asked how the ADA requirements compared on public or private streets. Assistant City Attorney Michael Houston stated there is no difference. 17. Mr. Allan Levin, asked for clarification on what is the required sideyard; is the five foot clear accessible. To him a gate should be installed somewhere on the clear side and there is a need to define what is a "side yard". 18. Mr. Mike Marix, asked if a window trim is an encroachment. Staff clarified those items that are projections. 19. Mr. Ed Kibbey, 77-570 Springfield, Palm Desert, BIA representative, asks that the staff and BIA work through these items before any action is taken by the Commission/Council. 20. Mr. Art Gardner, asked where the side yard is measured from. Staff stated it is currently measured from the outside wall to the property line. 21. There being no further questions of staff, Chairman Butler asked if there was any other public comment on this project. There being no further public comment, Chairman Butler closed the public hearing and asked staff to summarize the discussion on each of the following items: G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 15 Planning Commission Minutes June 10, 2003 Front yard setbacks: Side -loaded garages and casitas units shall have a 15 foot setback from the back of curb in the RL, RC, RM, RMH and RH Zoning Districts. Casitas units shall be designed so the driveway is not part of casitas unit. On all front entering garages, the setback shall be 25 feet. Side yard setbacks: Staff was directed to define the side yard and determine where you measure from. A minimum 15 foot total aggregate side yard setback shall be provided in the RL, RC, RM, RMH and RH Zoning Districts. A minimum clear distance of at least five feet shall be provided on at least one side yard with a gate. In no case shall the side yard be less than five feet. Mechanical equipment, including pool equipment, may be located adjacent to a side yard property line with a block wall in the side and/or rear yard property line, in accordance with all applicable building regulations. Eaves shall not be considered as being a part of the side yard. Architectural projections, accessory structures, and accessory buildings are permitted within the required side yard as Bong as five feet is clearly maintained. 23. There being no further discussion, it was moved and seconded by Commissioners Robbins/Tyler to continue Zoning Ordinance Amendment 2003-076 to June 24, 2003. Unanimously approved. VII. BUSINESS ITEMS: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: 1. Community Development Director Jerry Herman informed the Commission that the regular meetings of the Planning Commission for the month of July would be July 81h and 291h G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 16 Planning Commission Minutes June 10, 2003 2. Commissioner Tyler gave a report of the City Council meeting of June 3, 2003. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Robbins/Abels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on June 24, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:54 p.m. on June 10, 2003. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:IWPDOCSIPC MINUTESI6-10-27-03WD.DOC 17 PH #A STAFF REPORT PLANNING COMMISSION DATE: JUNE 24, 2003 CASE NO: ENVIRONMENTAL ASSESSMENT 2002-462 SPECIFIC PLAN 2002-062 SITE DEVELOPMENT PERMIT 2002-754 APPLICANT/ PROPERTY OWNER: MARINITA DEVELOPMENT COMPANY REQUEST: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) REVIEW OF DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A: A) 50,000 SQUARE FOOT MARKET B) 23,000 SQUARE FOOT DRUG AND RETAIL STORE C) 20,970 SQUARE FEET OF RETAIL SHOPS LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE (APN: 604 070-003). ENGINEER: DUDEK & ASSOCIATES, INC. ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 2002-462; BASED UPON THIS ASSESSMENT, WHILE THE PROJECT MAY HAVE SIGNIFICANT ADVERSE EFFECTS ON THE ENVIRONMENT, MITIGATION MEASURES HAVE BEEN IMPOSED ON THE PROJECT TO REDUCE IMPACTS TO A LESS THAN SIGNIFICANT LEVEL; THEREFORE, A MITIGATED NEGATIVE DECLARATION IS RECOMMENDED FOR CERTIFICATION. GENERAL PLAN/ ZONING DESIGNATIONS: NEIGHBORHOOD COMMERCIAL (NC)/ NEIGHBORHOOD COMMERCIAL (NC) SURROUNDING PC Stfrpt CUP 02-073/SDP 02-755.wpd LAND USES: NORTH: ESPLANANDE SUBDIVISION UNDER CONSTRUCTION SOUTH: MONTICELLO SUBDIVISION EAST: VACANT LAND (CITY OF INDIO) WEST: MONTICELLO SUBDIVISION RECOMMENDATION: The applicant requests that this project be continued to the September 9, 2003, Planning Commission meeting to allow the applicant the opportunity to work with staff to revise the project. Prepared by: artin agana Associate Planner PC Stfrpt CUP 02-073/SDP 02-755.wpd STAFF REPORT PLANNING COMMISSION DATE: JUNE 24, 2003 CASE NO: SITE DEVELOPMENT PERMIT 2003-773 APPLICANT: CALIFORNIA COVE COMMUNITIES PROPERTY OWNER: SWC NORMAN 39, LLC REQUEST: REVIEW OF ARCHITECTURAL PLANS FOR THREE NEW SINGLE- FAMILY PROTOTYPE RESIDENTIAL UNITS WITH TWO DIFFERENT FACADES FOR EACH PLAN WITHIN THE GREG NORMAN GOLF COURSE DEVELOPMENT. LOCATION: NORTHWEST CORNER OF MONROE AND AIRPORT BOULEVARD WITHIN THE NORMAN COURSE REQUEST FOR CONTINUANCE: The applicant has requested a continuance of this request to the meeting of July 8, 2003. Attached is the letter for your review. Attachment: 1. Letter from California Cove Communities dated June 18, 2003 Prepared by: Stan B. Sawa Principal Planner TUI I. 19. C-100Al 8: 5 r AM aUfo ni dove June 18, 2003 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: PLANNING CO10' MSSION MEETING AGENDA FOR JUNE 24, 2003 Site Development Permit 2003-733 Applicant: California Cove Communities, Inc. Location: N/W Comer of Madison Street and Airport Boulevard Request: Approval of Architectural Plans To Whom It May Concern: Please accept this letter as our request to remove Site Development Permit 2003-733. Approval of Architectural Plans for three prototype units within the Greg Norman Course, from the Planning Commission's Agenda for the June 24, 2003 Meeting and continue this item to the following Planning Commission Meeting scheduled for July 2003. Should you have any questions, please feel free to contact me at (949) 453-1775, Ext. 162, Thank you, in advance, for your assistance in this matter. Sincerely, Carol S. Long Vice President PH #C PLANNING COMMISSION STAFF REPORT DATE: JUNE 24, 2003 CASE NO.: SITE DEVELOPMENT PERMIT 2001-725, AMENDMENT #1 APPLICANT: VONS, A SAFEWAY CO. (THOMAS B. ACEVEDO, DIRECTOR OF REAL ESTATE) PROPERTY OWNER: M&H PROPERTIES REQUEST: WAIVER OF THE REQUIREMENT TO INSTALL A BUS SHELTER ON THE SOUTH SIDE OF HIGHWAY 111 FOR THE PLAZA LA QUINTA SHOPPING CENTER AS REQUIRED BY CONDITION #12 OF PLANNING COMMISSION RESOLUTION 2002-022 LOCATION: SOUTHWEST CORNER OF HIGHWAY 111 AND WASHINGTON STREET GENERAL PLAN/ ZONING DESIGNATIONS: COMMUNITY COMMERCIAL BACKGROUND: Vons is located in Plaza La Quinta, a commercial shopping center located at the southwest corner of Highway 111 and Washington Street. The eleven -acre shopping center was approved by the County of Riverside in 1980. Site Development Permit History On January 22, 2002, the Planning Commission approved expansion plans for Vons by adoption of Resolution 2002-022 for Site Development Permit 2001-725. Improvements approved include facade and parking lot changes, landscaping and lighting modifications, and the installation of new building signs (Attachments 1 and 2). Condition #12 requires: The existing bus shelter on Highway 111 shall be replaced with a City approved bus shelter structure. A Caltrans Encroachment Permit shall be obtained by the applicant before any on -site work begins. The applicant shall g: SDP725 Folder/SDP725#1 Flnal Report.wpd contact the City's Public Works Department to obtain a copy of the bus shelter construction plans." A building permit was issued to remodel the supermarket and adjoining businesses on March 6, 2003, and construction work is ongoing. Plan Check Review History In December 2002, Vons representatives informed the Community Development Department that Caltrans requires a bus turnout lane in order to obtain Encroachment Permit #08-02-6-BR-1156 to build the new bus shelter. Vons stated they were prepared to complete the improvement requirements of the Planning Commission, but were unaware of the bus turnout obligation. Their construction budget did not include this additional expenditure. Caltrans informed the applicant's project engineer of the turnout requirement in October 2002. On December 26, 2002, City staff met with Caltrans personnel to inquire if the bus turnout lane was necessary for this in -fill development request. Caltrans personnel stated the Highway 1 1 1 turnout lane was required. During plan check processing, the Community Development Department contacted the SunLine Transit Agency to inquire if removal of the Plaza La Quinta bus shelter was possible as a new shelter was constructed to the east of Washington Street for the La Quinta Court development. SunLine Transit Agency indicated that the shelter was necessary. Redevelopment Agency Review On March 4, 2003, the La Quinta Redevelopment Agency (RDA) considered potential terms and conditions of acquisition and/or disposition of real property located at the southwest corner of Highway 111 and Washington Street by and between the Agency and M/H Realty Partners II, LP (Attachments 3 and 4). The RDA decided that no funding opportunities would be forthcoming to assist the remodel project. As this was a "Closed Session" agenda item, no minutes from the meeting are available. As also requested by the applicant's letter, the RDA directed the applicant to file a request to eliminate the bus shelter requirement before the Planning Commission. PROJECT REQUEST: On May 1, 2003, the applicant filed a request to waive Condition #12 of Planning Commission Resolution 2002-022 which requires replacement of the existing bus g: SDP725 Folder/SDP725#1 Flnal Report.wpd shelter on Highway 1 1 1, to the north of Pad #5 (Site Development Permit 2000-667; 78-447 Highway 111), with a City approved bus shelter structure. By eliminating the condition, Vons would not be required to install the bus shelter, nor the turnout facilities required by Caltrans. Public Notice This request was advertised in the Desert Sun newspaper on June 12, 2003, and mailed to all property owners within 500 feet around the project boundaries. To date, no written correspondence has been received. Any correspondence received will be delivered to the Planning Commission prior to the meeting. Public Hearing notices were also sent to Caltrans and the SunLine Transit Agency offices. Public Agency Review On May 6, 2003, the Community Development Department requested comments on the project from other City Departments, Caltrans and the SunLine Transit Agency. A letter from SunLine Transit Agency is attached (Attachment 5). No new information has been received from Caltrans on this request. STATEMENT OF MANDATORY FINDINGS: The existing Highway 1 1 1 bus shelter is adequate to serve SunLine Transit Agency's operational needs until the roadway is widened to its ultimate width of eight lanes per the City's General Plan Circulation Element. Changes to the existing Conditions of Approval are highlighted in the attached material. The findings as required by Section 9.210.010 (Site Development Permits) of the Zoning Code can be made as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2003-_, approving Site Development Permit 2001-725 Amendment #1, subject to findings and the attached conditions. Attachments: 1. SDP 01-725 Site Plan 2. January 22, 2002 Planning Commission minutes (Excerpt) 3. January 24, 2003 Vons Letter 4. Bus Turnout Exhibit 5. May 13, 2003 SunLine Transit Agency letter 6. Large Exhibits (Planning Commission only) g: SDP725 Folder/SDP725#1 Flnal Report.wpd Prppikred by,. F Greg TrouSdeN, Associate Planner g: SDP725 Folder/SDP725#1 Final Report.wpd PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING PLANNING COMMISSION RESOLUTION 2002-022 TO REMOVE CONDITION #12 REQUIRING A NEW BUS SHELTER TO BE BUILT ON HIGHWAY 111 DURING THE EXPANSION OF VONS SUPERMARKET LOCATED AT 78-271 HIGHWAY 111 WITHIN THE PLAZA LA QUINTA SHOPPING CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2001-725, AMENDMENT #1 APPLICANT: VONS, A SAFEWAY CO. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241h day of June, 2003, hold a duly noticed Public Hearing to consider the request of Vons to waive the requirement to install a new bus shelter on Highway 1 1 1, per Condition #12 of Planning Commission Resolution 2002-022, located at 78- 271 Highway 111 within Plaza La Quinta, more particularly described as: Assessor's Parcel Number: 604-050-008 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22"d day of January, 2002, approve construction and remodel plans for the Vons Supermarket and Fred Sands Desert Realty located at 78-271 through 78-297 Highway 111 within Plaza La Quinta, by adoption of Resolution 2002-022 on a 5-0 vote. At the meeting, the Planning Commission also determined the expansion request was Categorically Exempt pursuant to Sections 15303 (Class 3C) and 15311 (Class 11 A) of the Guidelines for Implementation of California Environmental Quality Act (CEQA); and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on June 12, 2003, for the June 24, 2003 Planning Commission meeting as prescribed by Section 9.200.1 10 (Public Hearings) of the Zoning Code. Public hearing notices were also mailed to property owners within 500 feet of the project site. To date, no comments have been received from adjacent property owners; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit Amendment: G:SDP725 folder/ResoPC No BusS-Final.wpd Planning Commission Resolution 2003-_ Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 2 1. Consistency with the General Plan - Pursuant to the City's General Plan Circulation Element, off -site improvements such as transit facilities are encouraged to enhance the City's circulation system, increase high occupancy vehicle ridership and assist other public agencies in their transportation goals. The existing Highway 1 1 1 bus shelter is adequate to serve SunLine Transit Agency's operational needs until the roadway is widened to its ultimate width of eight lanes. 2. Consistency with the Zoning Code - The ongoing expansion plans of the Plaza La Quinta Shopping Center are in compliance with the City's Zoning Code requirements, including but not limited to height limits, number of parking spaces, and lot coverage. 3. Compliance with CEQA - Bus shelter improvements are exempt per Section 15305 (Class 5B) of the Guidelines for Implementation of California Environmental Quality Act (CEQA) as long as the improvements are within an existing right-of-way for which an encroachment permit can be issued. 4. Architectural/Site Design - The existing, and proposed, Conditions of Approval for Site Development Permit 2001-725 require the expansion plans of the shopping center to be architecturally compatible through the use of stucco facades, the roofing, wood trellises, and other embellishments. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby approve Site Development Permit 2001-725 Amendment #1 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval (Exhibit "A") . G:SDP725 folder/ResoPC No BusS-Final.wpd Planning Commission Resolution 2003-_ Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 24th day of June, 2003, 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 G:SDP725 folder/ResoPC No BusS-Final.wpd PLANNING COMMISSION RESOLUTION 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-725, AMENDMENT #1 VONS, A SAFEWAY CO. JUNE 24, 2003 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2001-725 Amendment #1, unless otherwise amended by the following conditions. 2. The applicant and/or property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit Amendment. 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. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • SunLine Transit Agency • Caltrans (Encroachment Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. G:SDP725 Folder/CondSDP 725 #1 Final Bus Shelter .wpd Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 2 FIRE MARSHAL 4. Final conditions will be addressed when the architectural building plans are reviewed. A plan check fee must be paid to the Riverside County Fire Department (Indio Office) at the time building plans are submitted. FEES 5. The applicant shall comply with the terms and requirements of the Development Impact Program in effect at the time of issuance of building permit. 7. Sign permit fees shall be paid to install any new on -site signs. MISCELLANEOUS 8. Prior to issuance of a building permit, the following revisions or notes on the plans shall be made to the building plans, subject to the approval of the Community Development Director: A. The easternmost parapet wall, inclusive of the Fred Sands Desert Realty building, shall be redesigned so as to be in scale and design with the in - line tenants to the east. B. Four foot wide raised landscape planters shall be installed under the north building elevation wood trellis. These planters shall be a minimum length of 8'-0" and capped using brick. The final number and location of these planters shall be approved by the Community Development Director. C. Parking lot trees shall be a minimum height of 10'-0" high (minimum 1.5" caliper) when installed. Eliminate the Yellow Oleander tree from the plant list and replace with Australian Willow (Giejara parbiflora). G:SDP725 Folder/CondSDP 725 #1 Final Bus Shelter .wpd Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 3 D. The Plaza La Quinta Employee Parking Plan shall be modified to include an enforcement program for the employee parking area south of the Vons building. The enforcement plan shall include a provision that the spaces shall be used, in the daylight hours, from October 1 through May 31. The enforcement plan shall be submitted and approved prior to issuance of a building permit. Any amendments to the Employee Parking Plan shall be approved by the Community Development Department. E. Roof parapets shall screen any roof mounted mechanical equipment from view of neighboring properties. F. Diffuser lenses shall be added to all parking Dot light fixtures to eliminate glare. G. Bike racks shall be installed in close proximity to the Vons entrance pursuant to Section 9.150.060 of the Zoning Ordinance. 9. Preliminary landscaping and final landscaping, hardscape, and irrigation plans, substantially conforming to this approval shall be submitted to the Community Development Department for approval prior to issuance of a building permit by the Building and Safety Department. Application10. Prior to buo'ding permit issuanee, a- Lot Line Acqustment ••� d approved by the Gity I . 'operty ia nee that conflict with development of the project. The legall doeurn nts shall be recorded with the Gounty of Riverside. (Completed) 11. All letters from affected public utility or service agencies on file in the Community Development Department shall be complied with. IrM I . NO e G:SDP725 Folder/CondSDP 725 #1 Final Bus Shelter .wpd Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 4 13. The property owner shall ensure that customers and employees of the shopping center have access to building and parking facilities in compliance with the Americans with Disabilities Act (ADA) regulations. Any change to the number of parking spaces within the shopping center shall comply with Chapter 9.150 (Parking) of the Zoning Code. G:SDP725 Folder/CondSDP 725 #1 Final Bus Shelter .wpd ATTACHMENTS F Planning Commission Minutes January 22, 2002 ATTACHMENT 2 2. Chairman Abels asked if there Offy questions of staff. Commissioner asked if the tree be replanted. Staff stated the architect could answe uestion. 3. There being no f uestions of staff, Chairman Abels asked if the applica d like to address the Commission. Mr. John Walling, r nting the applicant, gave a presentation on the projec stated that in regard to the trees, it depends on w or not they could be moved and saved. 4 airman Abels asked if there was any other public co PV There being no further public comment, the public pa ion portion of the hearing was closed and open for ission discussion. 5. There being no further discussion, it was and seconded by Commissioners Tyler/Butler to ad anning Commission Resolution 2002-021, approving velopment Permit 2001- 727, subject to the findings a ditions as submitted. ROLL CALL: AYES: Comm Chairman A None. 4W P% Butler, Kirk, Robbins, Tyler, and ES: None. ABSENT: None. ABSTAIN: il Chairman Abels recessed the meeting at 8:20 p.m. and reconvened at 8:26 p.m. D. Site Development Permit 2001-725; a request of Carlos Gomez for Von's Shopping Center for review of development plans to increase the size of the Von's Supermarket from 36,827 square feet to 47,198 square feet for the property located at 78-271 through 78-297 Highway 111, within Plaza La Quinta. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins stated the old plan shows a wooden trellis shade structure and it now appears to be a solid archway that is shorter. Staff stated it is a reduced arcade structure. G:\WPDOCS\PC Minutes\PC1-22-02.wpd 12 0 Planning Commission Minutes January 22, 2002 3. Commissioner Tyler asked the purpose of the flat arcade. Staff stated there is no purpose, it was a design element. 4. Chairman Abels asked if the applicant would like to address the Commission. Mr. Carlos Gomez, representing the applicant, stated he was available to answer any questions. 5. Commissioner Robbins asked if the roofline was extended. Mr. Gomez stated that as a result of the Architecture and Landscaping Review Committee's recommendation they balanced the structure to be more symetrical with the in -line units. 6. Commissioner Tyler asked if the entrances would be the same. Mr. Gomez stated they would be moved only five or ten feet. Commissioner Tyler asked if the building would move any further out into the parking lot area. Mr. Gomez stated no. 7. Commissioner Robbins asked if the blowers over the entrance doors would be made more attractive to not appear to be add-ons. Mr. Gomez stated they are designed according to health standards. Commissioner Robbins stated his objection is to the aesthetics and whether or not they could not be treated aesthetically. Mr. Gomez stated they would see if there were any other designs available. 8. Commissioner Kirk asked about the parking analysis. Mr. Gomez stated they based their parking plan on the aerial photograph that had been taken. Commissioner Kirk stated if they are showing 147,000 square feet of tenant space and if the parking requirement is one parking space for every 250 feet, he comes up with 588 parking spaces. Mr. Gomez stated each particular tenant is allocated a number of parking spaces, and they are within at least one stall of meeting the requirements. Discussion followed as to how they were calculated. 9. Commissioner Butler asked staff what they were asking of the applicant in regard to employees parking in the rear. Staff explained they were trying to make sure all parking was utilized. Additional lighting and patrol was needed to ensure the employees would use this area for parking. However, Vons does not have a rear entrance for accessibility and staff has made this a condition of approval (#8.D). G:\WPDOCS\PC Minutes\PC1-22-O2.wpd 13 Planning Commission Minutes January 22, 2002 10. Commissioner Tyler asked if they are going to enclose the arcade and will the carts be moved inside. Mr. Gomez stated yes. Commissioner Tyler asked for clarification on the pavilion. Mr. Gomez stated this area was the Manager's office. Commissioner Tyler asked if a bank was proposed to be located inside. Mr. Gomez stated none at this time. 11. Chairman Abels asked if the entrance could be a double vestibule for energy conservation. Mr. Gomez stated two vestibules are proposed. Also in regard to proposed Condition #8.D., they are willing to provide employee accessibility, but believe a rear door access is a security problem. Could this be done through the side driveway aisle? They will provide extensive lighting and security to encourage employee parking. Mr. Thomas Acevedo, Director of Real Estate for Vons, stated there are security issues to be considered in regard to internal theft and nighttime security, such as packages leaving, bodily injury, etc. They can accommodate striped access and lighting to direct employees to the parking in the rear. The nighttime employees would be given the ability to park out front due to the decreased amount of usage of the store. 12. Commissioner Kirk asked about the bus stop on Washington Street. Community Development Director Jerry Herman stated the bus stop on Washington Street will be moved across the street in front of the Point Happy development. The bus stop on Highway 1 1 1 will be upgraded to meet the City's new standards. 13. Commissioner Tyler asked if the mezzanine as shown on the plans, will be kept? Mr. Gomez stated yes. 14. Commissioner Kirk asked why Von's security is any different that the other in -line stores. Mr. Acevedo stated the issues of the products being removed is primary as there is no one in the rear of the store on a constant basis and second the bodily harm as there is no way to secure the area. 15. Commissioner Kirk asked if staff did a parking analysis. Planning Manager Christine di lorio stated yes and they came up with-614 spaces which meets the requirement. Commissioner Kirk asked if staff was concerned if they did not use the parking in the rear. Staff stated yes, as they would not meet the requirements. To limit them to day use in the rear and nighttime in front would be G:\WPDOCS\PC Minutes\PC1-22-02.wpd 14 Planning Commission Minutes January 22, 2002 sufficient. Mr. Keith Charles, Architect for the project, stated there is 147,618 square feet of building area and 575 parking stalls are required. With the proposed building area they are showing it at 3.8 per thousand; 4 per thousand would be 590 stalls. They are providing 589, so they are within one stall. Discussion followed regarding parking and security issues with a rear entrance. 16. Chairman Abels asked if there was any other public comment. There being no further discussion, the public participation of the hearing was closed and open for Commission discussion. 17. Commissioner Kirk asked if there was any way for the City to enforce the employee parking plan. Assistant City Attorney John Ramirez stated he was not sure. This is different from the prototypical situation where you would involve Code Compliance, and he would be skeptical of it being a viable .tool. Planning Manager Christine di lorio there could be a stipulation put on Vons to meet the requirement and require them to submit the plan to staff prior to issuance of building permit. Discussion followed as to possible alternatives regarding the parking plan. 18. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to . adopt Planning Commission Resolution 2002-022, approving Site Development Permit 2001- 725, subject to the findings and conditions as amended: A. Condition ##8.D: Amend to read, "The Plaza La Quinta Employee Parking Plan shall be modified to include an enforcement program for the employee parking area south of the Vons building. This enforcement plan shall include a provision that the spaces shall be used, in the daylight hours, from October 1 through May 31. The enforcement plan shall be submitted and approved by the Community Development Department prior to issuance of a building permit." ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\PC1-22-02.wpd 15 0 VONS. ATTACHMENT 3 A SA/AWAY COMPANY January 24, 2003 Honorable Mayor and Members of the City Council City of La Quinta P. O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Vons #2175 (Site Development Permit 2001-725) 78-271 State Hwy. 111 La Qukta, CA a Dear Honorable Mayor and Members of the City Council: L�9 n _ COMMi N JTY' L �V qOPh° Ai Vons is excited with the prospect of remodeling and expanding its market located at the southwest comer of Highway 111 and Washington. This is a project that would allow Vons to greatly improve its customer offering and community servi in the City of La Quinta. However, as I have discussed with the Community Development Department personnel, the projected costs associated with this project are extremely high and potentially prohibitive. As you may aware, Vons has previously accepted the Planning Commission approval conditions requiring that Vons update and improve parking lot lighting, landscaping signage and various other non -store related elements which have been projected to cost approximately $200,000. This includes the replacement of the current bus shelter located on Highway 111 (Condition #12 of Planning Commission Resolution 2002-022) which is expected to exceed $23,000. This last condition was accepted even while considering that this shelter is approximately 600 linear feet away from Vons' front door and that a condition of this type is not customary given the scope of the proposed project. The position taken by CALTRANS is that the installation of a new bus turn lane will be required in conjunction witn the shelter construction. In my letter to Mr. Oscar Orci dated December 11, 2002, it was noted that the cost of the turn lane has been projected to be approximately $97,256 (this assumes there will be no impact to existing underground utilities). As the Community Development Department has verified, CALTRANS will not waive its position concerning this matter. Vons requests that the City of La Quinta consider either of the following actions to help alleviate the project hardship as described: • Omit the bus shelter requirement as a condition of approval, or Assist by contributing funds toward all or part of the construction costs associated with the proposed bus shelter and turn lane construction. P.O. Box 513338, Los Angeles, CA 90051-1338 618 Michillinda Avenue, Arcadia, CA 91007-6300 * Telephone (626) 821-7000 Mayor and City Coun* #2175 La Quinta January 24, 2003 • Page 2 Your assistance in this matter is very much appreciated. I will call you this Thursday, January 30, 2003 to discuss this matter further. In the meantime, if you have immediate questions, please do not hesitate to call me at (626) 821-7051. Sincerely, THE NS COMPANIES C. Thomas B. Acevedo Director of Real Estate cc: Richard Chavez, Vons Store Design JOscar Orci, Planning Manager, City of La Quinta gy° A pATTACHMENT 4 o ., c o O M aosi01s F. 4 v S� P2 WS OVY 9 MEMBERS Desert Hot Springs Rancho Mirage Indio 15VI 91711fle Palm Springs Palm Desert Coachella T fl A N S I T A RVENE Y Cathedral City Indian Wells Riverside County ® La Quinta A Pub / i c Agency May 13, 2003 ATTACHMENT 5 o MAY 15 W � Mr. Greg Trousdell r D EV Associate Planner City of La Quinta P.O. Box 1504 La Quinta, CA. 92253 RE: Site Development Permit 2001-725, Amendment #1 — Vons Supermarket Dear Mr. Trousdell: SunLine Transit has reviewed the above referenced document and wishes to make the following comments for consideration by the Community Development Department. We understand that the applicant has requested that the bus stop turnout and shelter improvements be waived as part of the Vons Supermarket project. Although SunLine Transit would prefer that a bus turnout be constructed as part of the project, we understand the financial constraints that the developer may be experiencing. We would recommend that if no improvements are required of the developer that the existing bus stop and shelter would remain as is. We appreciate your consideration of this request as this particular bus stop is used heavily by residents of the City of La Quinta. Please let me know if I can be of further assistance. Sincerely, 1 Leslie Grosjean Senior Transporta ion Analyst `05 h'arijl Oli 1e)rail, Thousarc' Fa/ms, C.� G2.%7L P' PH ##D STAFF REPORT PLANNING COMMISSION DATE: JUNE 24, 2003 CASE NO: SITE DEVELOPMENT PERMIT 2003-771 APPLICANT: LARRY ANDREWS (PREST VUKSIC ARCHITECTS) PROPERTY OWNER: LA QUINTA DEVELOPERS REQUEST: REVIEW OF ARCHITECTURAL PLANS FOR AN 11,200 S.F. TWO-STORY OFFICE BUILDING IN THE LA QUINTA PROFESSIONAL PLAZA (PALM DESERT NATIONAL BANK COMPLEX) LOCATION: PARCELS 6 & 7 OF PM 29889 - EAST SIDE OF WASHINGTON STREET, ±300 FEET SOUTHEAST OF AVENUE 47 AND WASHINGTON STREET (ATTACHMENTS 1 & 2) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT) GENERAL PLAN DESIGNATION: CC (COMMUNITY COMMERCIAL) ZONING: CC (COMMUNITY COMMERCIAL) BACKGROUND: Site Background The 4.9-acre La Quinta Professional Plaza was approved as a 53,500 square -foot commercial office complex in April 2001. That approval included a Specific Plan for the entire site, along with a Site Development Permit for the existing Palm Desert National Bank. All additional structures for the site must be in compliance with the approved Specific Plan (SP 2000-049), and must be reviewed via the Site Development Permit process. CAWINDOWS\Temporary Internet Files\0LK6284\perptsdp771.doc Project Background The applicant proposes a ± 1 1,200 gross square foot commercial/office building on Parcels 6 and 7 of PM 29889, south of Avenue 47 and west of Caleo Bay Drive (Attachment #2). This office space is designed as two separate office improvements. Although each will be separately held properties, the structural appearance will be that of one building. ALRC Action - On June 4, 2003, the ALRC reviewed the project landscaping and building architecture (Attachment #3, ALRC minutes). No significant issues were raised by the Committee, which unanimously recommended approval of the Site Development Permit as recommended by staff. Building Height - The Specific Plan allows for building heights up to 35 feet (tower features may extend up to 40 feet). The proposed office building shows a peak roof height at the ridgelines of 33 feet. There are two tower features, one over the elevator riser on the east elevation, and a rotunda on the west elevation; both features peak at 35 feet. Building Arrangement - The Specific Plan indicates separate building footprints for each parcel; however the developer will be arranging these buildings to attach to one another, creating an appearance of one building. Previous buildings in this Specific Plan area have been approved under this arrangement consistent with the Specific Plan siting, as the separation of interior building spaces does not compromise the architectural style. An easement agreement will be prepared and recorded to address parcel boundary issues, as was done for previous buildings in this complex. Landscaping and Parking — The building landscaping consists of materials listed in the approved palette for the specific plan. It is mostly infill for existing tree wells and parking islands, and building area planters. The landscaped area on the building's west elevation borders future building pads for lots 8 and 9. Lighting - The developer has installed all parking area fixtures at a height of 18 feet for all poles. This is in compliance with the applicable Zoning Code sections on lighting of parking lots. The lighting has been accepted by the City. No other lighting is proposed beyond exterior fixtures, which will be addressed during plan checking. Public Notice This case was advertised in the Desert Sun newspaper on June 14, 2003. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. No negative comments have been received. Any correspondence received before the meeting will be transmitted to the Planning Commission. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file at the Community Development Department, and have been incorporated into the attached Conditions of Approval, as appropriate. STATEMENT OF MANDATORY FINDINGS: Findings necessary to approve this proposal can be found in the attached Resolution to be adopted for this case. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2003 - confirming the environmental determination of the Community Development Director, and granting approval of Site Development Permit 2003-771, subject to conditions as recommended by staff. Prepared by: Wallace Nesbit, Associate Planner Attachments: 1. Location Map 2. On -site building location 3. ALRC minutes of 06/04/03 (2 pg.) PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT OF AN t11,200 SQUARE FOOT COMMERCIAL OFFICE STRUCTURE SITE DEVELOPMENT PERMIT 2003-771 LARRY ANDREWS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241h day of June, 2003, consider a Site Development Permit application by Larry Andrews, for a ± 1 1,200 square -foot commercial/office structure, located south and west of Avenue 47 and Caleo Bay Drive, and more particularly described as: PARCELS 6 & 7 OF PARCEL MAP 29889 WHEREAS, said Site Development Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Site Development Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Site Development Permit: 1. The proposed Site Development Permit is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan Land Use designation of Community Commercial and other current City standards when considering the conditions to be imposed. 2. The proposed Site Development Permit is consistent with the La Quinta Zoning Code, as the project contemplates land uses that are substantially equivalent to those permitted under existing Community Commercial zoning, and which were previously addressed in the EIR certified for the General Plan and approved under Specific Plan 2000-049. Specifically, development of CAWINDOWS\Temporary Internet Files\0LK6284\peresosdp771.doc Planning Commission Resolution 2003- Site Development Permit 2003-771 June 24, 2003 existing CC -zoned land is considered to implement zoning consistency with the General Plan. 3. The proposed Site Development Permit complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), as it has been determined that the Site Development Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development), and that a Notice of Exemption should be filed. 4. The architectural design aspects of the proposed Site Development Permit will be compatible with and not detrimental to surrounding development in the Lake La Quinta tract, the approved Specific Plan 2000-049, and with the overall design quality prevalent in the City. 5. The site design aspects of the proposed Site Development Permit will be compatible with and not detrimental to surrounding development in the Lake La Quinta tract, the approved Specific Plan 2000-049 and with the overall design quality prevalent in the City. 6. The project landscaping for the proposed Site Development Permit has been designed to unify and enhance visual continuity of the proposed project with the surrounding development, and is consistent with the landscape concept approved for Specific Plan 2000-049. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 2003-771 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 24th day of June, 2003, by the following vote, to wit: CAWINDOWS\Temporary Internet Files\OLK6284\peresosdp771.doc Planning Commission Resolution 2003- Site Development Permit 2003-771 June 24, 2003 AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California CAWINDOWS\Temporary Internet Files\OLK6284\peresosdp771.doc PLANNING COMMISSION RESOLUTION 2003- EXHIBIT „A1„ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-771 LARRY ANDREWS JUNE 24, 2003 GENERAL CONDITIONS OF APPROVAL 1. Site Development Permit (SDP) 2003-771 shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts between these conditions and the provisions of SDP 2003-771, these conditions shall take precedence. 2. SDP 2003-771 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2000-405 • Specific Plan 2000-049 • Tentative Parcel Map 29889 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 3. This approval shall expire two years after it's effective date, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 4. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 5. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Riverside County Fire Marshal • La Quinta Building and Safety Department • La Quinta Public Works Department (Grading/Improvement/Encroachment Permits) • La Quinta Community Development Department Site Development Permit 2003-771 Conditions of Approval - RECOMMENDED June 24, 2003 • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • Waste Management of the Desert The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. 7. All aspects of this project (plan preparation, all construction phases, operations, etc.) shall be subject to and comply with the adopted Mitigation Monitoring Program and Negative Declaration (EA 2000-405), as certified by the La Quinta City Council. 8. The applicant may be required to configure existing parking facilities to conform with requirements of the LQMC Chapter 9.150 (Parking) and ADA requirements as set forth under GRADING. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. General access points and turning movements of traffic to off site public streets are limited to the access locations approved in SP 2000-049. A. Washington Street — Right turn in, Right turn out, only. B. Avenue 47 — No turning restrictions. C. Caleo Bay — No turning restrictions. S:\Com Dev\Betty\coapcsdp771-fixed .doc Site Development Permit 2003-771 Conditions of Approval — RE COMMENDED June 24, 2003 PROPERTY RIGHTS 9. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services, and for the maintenance, construction and reconstruction of essential improvements. 10. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 11. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Site Development Permit and the date of final acceptance of the on and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. 12. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. Direct vehicular access to and from lots with frontages along Caleo Bay is restricted, except for those existing access points identified on the approved Tentative Parcel Map. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. IMPROVEMENT PLANS 15. 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. SACom Dev\Betty\coapcsdp771-fixed.doc Site Development Permit 2003-771 Conditions of Approval — RE COMMENDED June 24, 2003 16. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. "Site Development Plans" shall normally include all surface improvements, including but not limited to: parking lot improvements, finish grades, curbs & gutters, ADA requirements, retaining and perimeter walls, etc. Site Development Plan: 1 " = 30' Horizontal Plans for improvements not listed above shall be in formats approved by the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements; and show the existing street/parking area improvements out to at least the center lines of adjacent existing streets. 17. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 18. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of the development or building permit, reimburse the City for the cost of those improvements. FIRE PROTECTION 19. Applicant shall comply with all requirements of the Fire Marshal: A. Approved super fire hydrants shall be located not less than 25 feet, nor more than 165 feet, away from any portion of the buildings, as measured along vehicular travel ways. B. Blue dot reflectors shall be placed in the street, 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. C. Water mains shall be capable of providing a potential fire flow of 2250 gpm, and the actual fire flow from any hydrant shall be 1500 gpm for a 2- hour duration at 20 PSI, residual operating pressure. S:\Com Dev\Betty\coapcsdp771-fixed.doc Site Development Permit 2003-771 Conditions of Approval - RE COMMENDED June 24, 2003 D. Building plans shall be submitted for to the Fire Department for plan review, to run concurrent with City plan checking. E. Water plans for the fire protection system (fire hydrants, etc.) shall be submitted to the Fire Department for approval, prior to issuance of a building permit. F. City of La Quinta Ordinance requires all commercial buildings 5,000 s.f. or larger to be fully sprinkled (NFPA 13 Standard). Sprinkler plans will need to be submitted to the Fire Department. G. The required water system, including hydrants, shall be installed and inspected by the appropriate water agency prior to any combustible building materials being placed on site. H. Install a KNOX key box on each commercial suite (Contact the Fire Department for an application). I. Install portable fire extinguishers as required by the California Fire Code. GRADING 20. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 21. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 22. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, and B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. S:\Com Dev\Betty\coapcsdp771-fixed.doc Site Development Permit 2003-771 Conditions of Approval — RE COMMENDED June 24, 2003 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 23. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 24. Slopes shall not exceed 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 25. Prior to the issuance of a building permit, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Such pad certification shall list the relative compaction of the pad soil. r1RAINOr;F 26. Stormwater handling shall conform with the approved Lake La Quinta Master Drainage Plan and the Palm Desert National Bank Drainage Plan. Nuisance water shall be retained on site and disposed of in the existing combination catch basin/dry well located in the landscaping adjacent to the Caleo Bay access. UTILITIES 27. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 28. 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. 29. 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. S:\Com Dev\Betty\coapcsdp771-fixed.doc Site Development Permit 2003-771 Conditions of Approval — RE COMMENDED June 24, 2003 LANDSCAPING 30. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 31. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 32. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized. CONSTRUCTION 33. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The final asphalt lift and parking lot signing and striping shall be completed prior to final inspections of habitable buildings. QUALITY ASSURANCE 34. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 35. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 36. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 37. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The S:\Com Dev\Betty\coapcsdp771-fixed.doc Site Development Permit 2003-771 Conditions of Approval — RE COMMENDED June 24, 2003 applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 38. 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 39. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 40. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 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). 41. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. MISCELLANEOUS 42. The applicant shall submit a detailed building lighting plan to include exterior fixture details. The lighting plan shall be approved prior to issuance of the building permit. 43. All roof -mounted mechanical equipment must be screened and installed using compatible architectural materials and treatments, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with construction plan submittal for building permits. Method and design of screening must be approved by the Community Development Department prior to any issuance of building permits related to structures requiring such screening. SACom Dev\Betty\coapcsdp771-fixed.doc 7 w va z Z Z cn C_ CHMENT CV aW :zs = az LLI LL tl� Z6 oz N (D g66 ac, < 0 co in ­z 4 1 w IL - — - — - — - - — - — - — - — -- AVS 031V5- T.7-71-TR -77 i �� o ifa CL < aQ Q < CL LLJ i �� z LJJ cl 04 LrnT 7'J 133HIS NOI!E)NIHSVM --- ------------------------- ------------------------ �wm :D 70 ATTACHMENT #3 Architecture and Landscaping Review Committee June 4, 2003 a. Condition # landscape architecture changed. Unanimously approved. D. Site Development Permit 2003-771; a request of the Prest/Vuksic Architects for review of architectural plans for a 11,200 square foot office building to be located on Parcels 6 and 7 of the La Quinta Professional Plaza at 47-000 Washington Street. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. Dave Prest representing the applicant who gave a presentation on the project. 2. Committee Member Thorns noted he lives within the Lake La Quinta development and he has no interest in this project and lives further than 500 feet away from the project. 3. Committee Member Cunningham noted this is a project in evolution. The project is different than most complexes in that it is not a complex of theme buildings. There is a lot of good design. This building will add to the complex. The colors will be an interesting aspect over time. 4. Committee Member Thorns stated it will be a nice addition to the site. He asked where the Tenant building will be located. Staff noted there is a parking area between the two and the building will be to the south of that. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Cunningham to adopt Minute Motion 2003-024 approving Site Development Permit 2003-771, as recommended. Unanimously approved. E. Site Development Permit 2003-773; a request of California Cove Communities for review of architectural plans for three prototype units within the Greg Norman Course located at the northwest corner of Madison Street and Airport Boulevard. 1. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Ms. Carol Long, and Matt Mosie representing the applicant who G:\WPDOCS\ARLC\6-4-03 WD.doc PH #E STAFF REPORT PLANNING COMMISSION DATE: JUNE 27, 2003 CASE NO.: TENTATIVE PARCEL MAP 31253 CONDITIONAL USE PERMIT 2003-076 REQUEST: 1) APPROVAL OF A CONDITIONAL USE PERMIT AS REQUIRED FOR ALL DEVELOPMENT IN THE HILLSIDE CONSERVATION OVERLAY DISTRICT; AND; 2) SUBDIVIDE 20 ACRES INTO 2 RESIDENTIAL LOTS AND OTHER REMAINDER AND AMENITY LOTS APPLICANT: WINCHESTER DEVELOPMENT PROPERTY OWNERS: QUARRY RANCH L.L.C. LOCATION: WEST OF JEFFERSON, SOUTH OF QUARRY LANE ENVIRONMENTAL CONSIDERATIONS: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 2002- 452 WAS PREPARED FOR TENTATIVE TACT 30651, WHICH WAS CERTIFIED ON SEPTEMBER 17, 2002. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED, AND NEW INFORMATION HAS BEEN SUBMITTED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL REVIEW. GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (LDR), UP TO 4 DWELLING UNITS PER ACRE ZONING: LOW DENSITY RESIDENTIAL (RL) SURROUNDING LAND USES: NORTH: LOW DENSITY RESIDENTIAL (RL) SOUTH: LOW DENSITY RESIDENTIAL (RL) EAST: LOW DENSITY RESIDENTIAL (RL) WEST: LOW DENSITY RESIDENTIAL (RL) BACKGROUND: The subject property consists of 20 acres located west of Jefferson Street, south of Quarry Lane within Tentative Tract 30651 (Attachment 1, Quarry Ranch). The General Plan and Zoning Code designates for the property are Low Density Residential. Also, portions of the property are above the "toe of slope" and in the Hillside Conservation Overlay District. Applicant Request Conditional Use Permit 2002-071 All development within the Hillside Conservation District requires approval of a Conditional Use Permit. Tentative Parcel Map 31253 Proposed is the subdivision of remainder Lot "I" to create two lots within the recently approved Tentative Tract 30651, The Quarry Ranch. Both lots will take access from Tom Fazio Lane South, an existing private street within The Quarry. Parcel 1 is 57,296 square feet and Parcel 2 is 20,128 square feet. Pad elevations are proposed to be 76 feet for Parcel "1 " and 77 feet 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 9,160 cubic yards of hillside are proposed to be cut with 5,392 cubic yards of fill, netting 3,768 cubic yards of cut to be balanced on site. Single family homes are allowed on slopes of less that 20% when the density is one unit per ten acres, the development contains 20 acres, each lot has 20,000 square feet, and the access road to each lot is under the 15 % slope. The areas to be developed meet the under 20% slope requirement. A site development permit is required prior to the construction of any homes on the two lots. The Hillside Conservation District requites a public Hearing before the Planning Commission for the site development permit. These plans must show the delineation of the footprints, the architectural elevations, and a viewshed study. A homeowners' association will be formed for Tentative Tract 30651, The Quarry Ranch and these parcels will be included in that association to maintain retention basins, common landscaped areas, private roads, and perimeter landscaping. Public Notice The case was advertised in the Desert Sun newspaper on June 13,2002. 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 May 21, 2003. Agency comments received have been made a part of the Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: The applicant's request to create two new residential lots and allow development on hillside property is consistent with the General Plan, Hillside Conservation District, and the Subdivision Ordinance provided the recommended Conditions of Approval are met. A report from Sladden Engineering (Attachment 1) is attached to substantiate this approval. Findings necessary to approve this request can be made and are contained in the attached Resolutions. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2003-_ approving Conditional Use Permit 2003-076 subject to the attached conditions; and, 2. Adopt Planning Commission Resolution 2002-_, approving Tentative Parcel Map 31253, subject to the attached conditions. Attachments: 1. Report from Sladden Engineering dated May 12, 2003 2. Tentative Parcel Map 31253 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP IN HILLSIDE PROPERTY APPLICANT: WINCHESTER DEVELOPMENT CONDITIONAL USE PERMIT 2003-076 WHEREAS, the Planning Commission of the City of La Quinta did on the 24th day of June, 2003, hold a duly noticed public hearing to consider a request of Winchester Development to allow two residential lots to development on 20 acres located within the Hillside Conservation Overlay District, collectively "the Project", generally located west of the Jefferson Street alignment, south of Quarry Lane, more particularly described as: A.P.Ns: 755-050-008 and 766-060-001 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 recommendation for approval of the Conditional Use Permit: 1. The project is consistent with the General Plan in that the project proposed for development 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, and Hillside Conservation District. 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 that the request has been assessed in conjunction with Environmental Assessment 2002-452 that was prepared for Tentative Tact 30651, which was certified on September 17, 2002. No changed circumstances or conditions and no new information is proposed which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166. 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, 6E IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: G:\WPDOCS\PC Stf Rpt\PC RESO CUP 2003-076.doc Planning Commission Resolution 2003-_ Conditional Use Permit 2003-076 — Winchester Development Adopted: June 24, 2003 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 accept the determination of the Community Development Department that no changed circumstances or conditions are proposed, and no new information has been submitted which would not trigger the preparation of subsequent environmental review. 3. That it does hereby approve 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 24th day of June 2003, 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 G:\WPDOCS\PC STF RPT\PC RESO CUP 2003-076.DOC PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2003-076 WINCHESTER DEVELOPMENT ADOPTED: JUNE 24, 2003 R12INXttlL 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 2003-076 and tentative Parcel Map 31253, 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. 4. A site development permit is required prior to the construction of any homes on the two lots. The application shall include the delineation of the footprints, the architectural elevations, and a viewshed study. G:\WPDOCS\PC Resolutions\PC COA CUP 2003-076.doc PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO TWO SINGLE FAMILY RESIDENTIAL LOTS AND ONE REMAINDER PARCEL CASE NO.: TENTATIVE PARCEL MAP 31253 APPLICANT: WINCHESTER DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of June, 2003, hold a duly noticed Public Hearing to consider a request of Winchester Development to allow two residential lots and one remainder lot to be developed on 20 acres located within the Hillside Conservation Overlay District, Parcel Map 31253, generally located west of Jefferson Street alignment, south of Quarry Lane, more particularly described as: A.P.Ns: 755-050-008 and 766-060-001 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 area. The City Council certified Environmental Assessment 2002-452 for Tentative Tract 30651. No changed circumstances or conditions and no new information is proposed which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Commission did make the following Mandatory Findings of approval to justify said Tentative Parcel Map 31253: 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 31253 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 2002-452. 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. Planning Commission Resolution 2003- Tentative Parcel Map 31253 — Winchester Development Adopted: June 24, 2003 All streets and improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Access for the single family lots will be provided from an existing private road adjacent to the development. 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 under the provisions of the Hillside Conservation District. 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 access to each single family lot is from an existing street. All required public easements will be provided to the site to support the 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 Marshal, 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 access will be privately owned and maintained, and that there will be no publicly -owned improvements within the Tentative Parcel Map. G:\WPDOCS\PC Resolutions\Quarry TPM 31253.doc Planning Commission Resolution 2003-_ Tentative Parcel Map 31253 — Winchester Development Adopted: June 24, 2003 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 accept the determination of the Community Development Department that no changed circumstances or conditions are proposed, and no new information has been submitted which would not trigger the preparation of subsequent environmental review. 3. That it does hereby approve Tentative Parcel Map 31253 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 241h day of June, 2003 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California G:\WPDOCS\PC Resolutions\Quarry TPM 31253.doc Planning Commission Resolution 2003- Tentative Parcel Map 31253 — Winchester Development Adopted: June 24, 2003 ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California G:\WPDOCS\PC Resolutions\Quarry TPM 31253.doc PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 31253 WINCHESTER DEVELOPMENT JUNE 24, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense 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-guinta.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) 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 County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ: Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 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 permits PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall acquire an easement across Lot G of Tract No. 27728 and across the remainder parcel shown on this tentative parcel map for access to Parcels 1 and 2 in conformance with the City's General Plan, Municipal Code, applicable specific G:\WPDOCWC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 plans, and/or as required by the City Engineer. The applicant shall make provisions for continuous maintenance of the driveway from each parcel to the roadway and all related landscaping by creation of a Homeowner's Association (HOA), or annexation into an existing HOA 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, driveways 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 fully 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. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 A. On -Site Rough Grading Plan: 1 " = 30' 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 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. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 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 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. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 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 the approved Tentative Parcel Map, unless the pad elevations have other requirements imposed elsewhere in these conditions of approval. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 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 this Tentative Parcel Map, if approved, 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. 28. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 29. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 30. Storm water handling shall conform with the approved hydrology and drainage report prepared for The Quarry subdivision. Nuisance water shall be disposed of in the existing drainage system. UTILITIES 31. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 32. The applicant shall obtain the approval of the City Engineer for the location of all utilities 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. 33. 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. 34. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 STREET AND TRAFFIC IMPROVEMENTS 35. The applicant shall comply with the provisions of Section 13.24.100 (Access For Individual Properties And Development), LQMC. 36. General access to and from the Tentative Parcel Map area shall be Tom Fazio Lane South and other existing road connected to it. 37. The applicant shall extend improvements beyond the subdivision boundaries as needed to ensure they safely integrate with existing improvements. LANDSCAPING 38. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 39. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. QUALITY ASSURANCE 40. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 41. The applicant shall employ, or retain, qualified engineers, surveyors, and 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. 42. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. MAINTENANCE 43. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 44. 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 45. 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. FIRE MARSHALL 46. Driveways less than 150 feet in length may be 12 feet wide, no turn -around or turnout is required. 47. 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) 48. Roadways 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. 49. If a required turn -out cannot be provided at mid -point, the road width will be 20 feet the full length, and a turn -around is still required at the building end. 50. Multiple Parcels served by the same driveway require a 20-foot wide roadway. 51. Turn -around must be within 50 feet of the building. 52. Access must not exceed a grade of 15%. 53. There shall be a standard fire hydrant with in 250 feet of the driveway. 54. The fire hydrants shall be available and capable of providing 1000 GPM fire flow prior to any combustible materials be placed on site. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Parcel map 31253- Winchester Development Adopted: June 24, 2003 COACHELLA VALLEY WATER DISTRICT 55. Plans for stormwater protective works shall be submitted to the District for review. 56. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. 57. This area shall be annexed to Improvement District Nos. 55 and 82 of the District for sanitation service. 58. Plans for grading, landscaping, and irrigation systems shall be submitted to the District for review. This review is for ensuring efficient water management. MISCELLANEOUS 59. The easement shown on the Parcel Map for Parcel No. 1 shall be changed to become part of the lot, and have a minimum of 20 feet in width. 60. The remainder parcel shall be designated as a lettered lot and restricted to Golf Course/Open Space 61. The proposed homes shall be limited to a height of 22 feet and one story. 62. The developer shall comply with the mitigations found in Environmental Assessment 2002-458, as they pertain to this development. 63. Comply with the conditions as stated in the June 9, 2003 letter from the CVWD. 64. A site development permit is required prior to the construction of any homes on the two lots. The application shall include the delineation of the footprints, the architectural elevations, and a viewshed study. G:\WPDOCS\PC Resolutions\PC COA TPM 31253.doc a Sladden Engineering ATTACHMENT #1 6782 Stanton Ave., Suite A, Buena Park, CA 90621 (714) 523-0952 Fax (714) 523-1369 39-725 Garand Ln., Suite G, Palm Desert, CA 92211 (760) 772-3893 Fax (760) 772-3895 May 12, 2003 Quarry Ranch, LLC 1 Quarry Lane La Quinta, California 92253 Attention: Mr. John Shaw Project: Parcels 1 & 2 — Parcel Map 31253 The Quarry at La Quinta La Quinta, California Subject: Geotechnical Addendum Project No. 544-2098 03-05-284 Ref: Geotechnical Investigation report prepared by Sladden Engineering dated July 31, 2002, Project No. 544-2098, Report No. 02-07-445. Geotechnical Engineering Report prepared by Buena Engineers, Inc. dated November 2, 1989, Job No. B7-1405-P1, Report No. 89-10-831. As requested, the following Geotechnical Addendum has been prepared to provide specific recommendations the design and construction of the proposed residence lots within the southern portion of The Quarry at La Quinta development. The referenced Geotechnical Engineering Reports were prepared for the initial Quarry project site prior to development and for the new 9-hole short course presently under construction. The subject lots are located just south of the initial Quarry at La Quints project site and west of the new short course development. The preliminary grading plans prepared by The Keith Companies indicate that the proposed site grading will include substantial cuts into the existing native hillside along with minor fills to construct level building pads. The proposed building sites are located on an elevated alluvial terrace deposit extending from the base of the Santa Rosa Mountains to the south. The rugged terrain prevented previous site exploration but geologic mapping of the soils observed within the adjacent exposed natural slopes provided useful information regarding the site soils conditions. The soils underlying the site are expected to consist of high energy alluvium comprised of silty fine to coarse -grained sands with abundant gravel, cobbles and boulders. The alluvial soils underlying the site are expected to be dense and should provide adequate support for the proposed residential structures with minor remedial grading. The natural slope above the lots is covered with cobbles and boulders of varying size, some of which may be susceptible to downslope movement during a significant seismic event. Because the natural slope is relatively flat, the potential rockfall or rolling boulder hazard is minimal. The slopes above the site should be inspected subsequent to grading and any potentially unstable boulders should be removed. May 12, 2003 -2- Project No. 544-2098 03-05-281 Remedial Grading: Because the subsoils contain significant amounts of cobbles and boulders and the proposed grading will result in a cut/fill transition within the northern portion of the lots, we recommend remedial grading including overexcavation and recompaction throughout the building areas. Prior to grading, the building pads should be stripped of the existing vegetation and root systems. The building areas should be overexcavated to a depth of at least 3 feet below pad grade or 1 foot below the bottom of the footings whichever is deeper. Once cleaned of oversized material, the previously removed soils and any fill material should be placed in thin lifts at near optimum moisture content and compacted to at least 90 percent relative compaction. Compaction should be verified by testing. Structural Considerations: The structural recommendations included in the above referenced Geotechnical reports remain valid. Allowable bearing values, lateral pressures and frictional coefficients as outlined in the referenced report should be applicable for foundation design. These structural values are summarized below. Conventional shallow spread footings should be bottomed into properly compacted fill material at least 12 inches below lowest adjacent grade. Continuous footings should be at least 12 inches wide and isolated pad footings should be at least 2 feet wide. Continuous footings and isolated pad footings may be designed using allowable bearing pressures of 1800 psf and 2000 psf, respectively. Allowable increases of 250 psf for each additional 1 foot of width and 300 psf for each additional 6 inches of depth may be utilized if desired. The maximum allowable bearing pressure should be 3000 psf. The recommended allowable bearing pressures may be increased by one-third when considering wind and seismic loading. Lateral forces may be resisted by friction along the base of the foundations and passive resistance along the sides of the footings. A friction coefficient of 0.50 times the normal dead load forces is recommended for use in design. Passive resistance may be estimated using an equivalent fluid weight of 300 pcf. If used in combination with the passive resistance, the frictional resistance should be reduced by one third to 0.33 times the normal dead load forces. Cantilever retaining walls may be designed using "active" pressures. Active pressures may be estimated using an equivalent fluid weight of 35 pcf. Walls that are restrained should be designed using "at rest" pressures. At rest pressures may be estimated using an equivalent fluid weight of 55 pcf. The given design pressures are applicable for free -draining level backfill conditions using native backfill soils. General: The project site is located in a seismically active area and the potential for seismic activity should be considered in structure design. As a minimum, the 1997 Uniform Building Code requirements for Seismic Zone 4 should be utilized in the design of the proposed residential structures. The 1997 UBC Seismic Design Criteria are summarized on the attached data sheet. The site soils are non -expansive and special expansive soils design considerations are not required. Care should be taken to minimize infiltration adjacent to the building foundations and pavement areas. Positive drainage should be provided to direct surface water away from the structures. The ponding of water adjacent to buildings and pavement should not be allowed. Proper grading and possibly gutters and downspouts should be considered to direct stormwater runoff away from the structures and paved areas. Landscape irrigation should be minimized and closely regulated. Sladden Engineering May 12, 2003 -3- Project No. 544-2098 03-05-284 If you have any questions regarding this memo or the referenced reports, please contact the undersigned. Respectfully submitted, SLADDEN ENGINEERING 1 Brett L. Anderson Principal Engineer SER/pc Copies: 4/Quarry Ranch, LLC — John Shaw Vadden EnQineerini, May 12, 2003 -4- Project No. 544-2098 03-05-28.1 1997 UNIFORM BUILDING CODE INFORMATION The International Conference of Building Officials 1997 Uniform Building Code contains substantial revisions and additions to the earthquake engineering section in Chapter 16. Concepts contained in the updated code that will be relevant to construction of the proposed structure are summarized below. Ground shaking is expected to be the primary hazard most likely to affect the site, based upon proximity to significant faults capable of generating large earthquakes. Major fault zones considered to be most likely to create strong ground shaking at the site are listed below. Fault Zone Approximate Distance From Site Fault Type (1997 UBC) San Andreas 15 km A San Jacinto 26 km A Based on our field observations and understanding of local geologic conditions, the soil profile type judged applicable to this site is SD, generally described as stiff or dense soil. The site is located within UBC Seismic Zone 4. The following table presents additional coefficients and factors relevant to seismic mitigation for new construction upon adoption of the 1997 code. Near -Source Near -Source Seismic Seismic Seismic Acceleration Velocity Coefficient Coefficient Source Factor, Na Factor, N, C8 C, San Andreas 1.0 1.0 0.44 Na 0.64 Nv San Jacinto 1.0 1.0 0.44 Na 0.64 Nv Sladden EnQineerink The Quarry Ranch — Parcel I and Parcel 2 Hydrology study The Quarry Ranch site is composed of a rocky hillside covered with sparse brush. The hillside slopes downward to the north at between 2% and 20%, the average being in the 10% range. An existing storm drain inlet is located between Parcel 1 and Parcel 2, another is located west of Parcel 2 and a third is located east of Parcel 1. The drainage inlets were designed as part of the overall hydrology study for The Quarry subdivision. The drainage inlet west of Parcel 2 is comprised of a concrete drop structure with a trash rack leading to a 6'x8' concrete box culvert. All flows west of Parcel 1 are intercepted by this culvert. No changes to the existing grading are to be made to the contributing area for this storm drain. The drainage inlet between Parcel 1 and Parcel 2 is a concrete headwall with a 30" RCP culvert. Because of its location and the surrounding topography, this inlet intercepts only those flows from the hillside, approximately 6 acres, most of which is in Parcel 2 with about half of Parcel 1 contributing to this area. The other half of Parcel 1 continues to drain in its historical pattern to the east. This inlet receives flows from a channel to the south as well as from the adjacent hillside. This has not changed from the original hydrology study. The basic flow patterns have not been altered. No new areas have been graded to drain into either storm drain system. The upstream contributing area for Parcel 1 is 0.139 Acres, approximately 0.21 CFS. The graded area for Parcel 1 is 0.381 Acres. The change in flow from the existing conditions to the proposed is an increase of 0.57 CFS (3 Hour 100 Year storm). The upstream contributing area for Parcel 2 is 1.160 Acres, approximately 1.75 CFS. The graded area for Parcel 2 is 0.911 Acres. The change in flow from the existing conditions to the proposed is an increase of 1.30 CFS (3 Hour 100 Year storm). Each parcel will direct the flow around the tops of slopes via brow drains per the city's standards. These drains will flow at 1 % min and have a capacity of in excess of the anticipated flows. See attachment for brow ditch capacities. The additional flows are well within the existing systems capacity. Any flows reaching Tom Fazio Lane will be intercepted by existing storm drain catch basins located within the street and within 300 feet of the Parcel 2 driveway and within 180 feet of the Parcel 1 driveway. Tom Fazio Lane is a private street within the Quarry site. On site runoff will be handled by swales and yard drain systems designed in accordance With the City of La Quinta's standards. Worksheet - Parcel 1 and 2 The Quarry Worksheet for Triangular Channel Project Description Project File untitled.fm2 Worksheet Parcel 1 and 2 at the Quarry Ranch Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Input Data Mannings Coefficient 0.022 Channel Slope 0.010000 ft/ft Depth 1.00 ft Left Side Slope 2.000000 H : V Right Side Slope 4.000000 H : V Results Discharge 12.28 cfs Flow Area 3.00 ftz Wetted Perimeter 6.36 ft Top Width 6.00 ft Critical Depth 1.01 ft Critical Slope 0.009576 ft/ft Velocity 4.09 ft/s Velocity Head 0.26 ft Specific Energy 1.26 ft Froude Number 1.02 Flow is supercritical. /13/03 KEITH INTERNATIONAL, INC. FlowMaster v5.10 :12:14 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 Flow in brow ditches Plotted Curves for Triangular Channel Project Description Project File untitleVITI2 Worksheet Parcel 1 and 2 at the Quarry Ranch Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Coefficient 0.022 Channel Slope 0.010000 ft/ft Left Side Slope 2.000000 H : V Right Side Slope 4.000000 H : V Kel go Re] Jue i.0 -.0 :.0 I.0L- 0.0 Input Data Minimum Maximum Increment Depth 0.00 1.00 0.20 ft Discharge vs Depth 13!03 11:38 PM 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 Depth (ft) KEITH INTERNATIONAL, INC. Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 0.9 1.0 FlowMaster v5.10 Page 1 of 1 a :°� PH #F STAFF REPORT PLANNING COMMISSION DATE: JUNE 24, 2003 CASE NO.: ZONING CODE AMENDMENT 2003-076 REQUEST: RECOMMENDATION TO THE CITY COUNCIL TO AMEND CERTAIN SECTIONS OF THE LA QUINTA ZONING CODE, PERTAINING TO FRONT AND SIDE YARD SETBACKS AS WELL AS HOME SIZES WITHIN RESIDENTIAL ZONES LOCATION: APPLICANT: ENVIRONMENTAL CONSIDERATION: BACKGROUND: CITY-WIDE CITY OF LA QUINTA THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE AMENDMENTS TO MUNICIPAL CODE ARE EXEMPT PURSUANT TO CHAPTER 2.6, SECTION 21080 OF THE PUBLIC RESOURCES CODE, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUTES, AND SECTION 15268, MINISTERIAL PROJECTS, OF THE CEQA GUIDELINES At the previous meeting the Planning Commission discussed proposed amendments to the side and front yard setbacks requirements. No discussion took place regarding minimum lot size requirements. The Planning Commission directed staff to synthesize the comments and bring back the item for further discussion. Proposed Regulations - Front Yard Setbacks Based upon the Commission's discussion, the following Code Amendments are proposed: 1. A minimum 25 foot front yard setback shall be provided for all front -entry garages, or carports, for properties located in the RL, RC, RM, RMH and RH zoning districts. The front yard setback shall be measured from the back of curb regardless of property line location, or type of garage door. PAOscar\Zoning Issues\Stf Rpt2-ZCA-076.wpd 1 2. A minimum 15 foot front yard setback shall be provided for all side -entry garages, or carports, for properties located in the RL, RC, RM, RMH and RH zoning districts. The front yard setback shall be measured from the back of curb regardless of property line location, or type of garage door. 3. Casitas units (guest homes) shall be located a minimum of 15 feet from the front yard for properties located in the RL, RC, RM, RMH and RH zoning districts. The front yard setback shall be measured from the back of curb. Proposed regulations - Side Yard Setbacks Based upon the Commission's discussion, the following Code Amendments are proposed: 1 . A minimum 15 foot total aggregate side yard setback shall be provided in the RL, RC, RM, RMH and RH zoning districts. A minimum distance of five feet shall be provided on at least one side yard. A minimum five foot clearance is required on at least one side yard with direct access from the front to the rear yard. 2. Mechanical equipment, including pool equipment, may be located adjacent to a property line with a block wall in the side and/or rear yard property line, in accordance with all applicable building regulations. Code Requirements - Lot Sizes The Commission indicated a willingness to expand the minimum lot size requirements to minimize the appearance of an overbuilt environment. After discussion, staff was directed to bring back options for amendments to the RL zoning district. The majority of the City's residential land use is designated Low Density (RL) Residential capable of accommodating up to four dwelling units per acre. As indicated below, the minimum lot size in the RL zoning district is 7,200 square feet. The following table provides the minimum lot sizes in the various residential zones: Zoning District Min. Lot Size (square feet) RVL 20,000 RL 7,200 RC 7,200 RM 5,000 RMH 3,600 P:/oscar/zoning issues/stfrpt2-ZCA-076 2 RH 2,000 RSP N/A RR N/A * Minimum lot size for single-family attached units. In attempting to develop options for the expansion of minimum lot sizes in the RL zoning district, staff considered the following: • Exclusionary Zoning Implications - A larger lot requirement may result in less variety of housing opportunities. • Market driven development versus Code mandated requirements - A larger lot requirement may produce undesirable development and or inflated housing costs. • Aesthetic Consideration - A larger lot size may not mitigate the concerns expressed by the Commission regarding an overbuilt appearance. • The role of other development standards such as setbacks - Modifications of other Code provisions, including development standards may mitigate the appearance of overbuilt development without the need for an increase in lot sizes. • The Department of Housing Development (HCD) requires cities to develop and maintain regulations that can accommodate affordable housing - Larger lot size regulations may reduce the availability of affordable housing opportunities. 0 Development Doctrine - An increase in lot size will be consistent with the General Plan. Staff developed the following options: Option 1. 8.000 square foot lots This option would result in larger lot developments and in turn may reduce the appearance of an overbuilt environment. A variety of housing lot size development opportunities remain because the other zones will not be changed. This option is consistent with the General Plan policies and programs. Note, without additional development standards (e.g. side yard setback regulations) developments may still appear dense. Also, larger lot sizes may limit housing choices and be a constraint to producing affordable housing, which may not be acceptable to HCD. P:/oscar/zoning issues/stfrpt2-ZCA-076 3 Option 2. Modify Development Standards This option would modify certain development standards in an effort to create the appearance of more openness. One example, could be to change the minimum width of the lots coupled with setbacks regulations to achieve the desired open space or require more cluster development, as prescribed by the General Plan. This option would achieve a more aesthetically pleasing (less dense) appearance. However, this option will result in smaller building pads and the development of more second story homes. Option 3. No change This option would keep things the same. The decision makers and staff would review each development on a case -by -case basis and make a determination regarding home location, architectural style, site Payout, and other development characteristics to determine if a project is "too dense". Staff recommends Option 3. This option allows the City the opportunity to review and make adjustments on a case -by -case basis consistent with the General Plan provisions while establishing requirements that could result in higher construction costs. Other issues Nonconforming projects: At the previous meeting the Planning Commission discussed the possibility of providing a legal nonconforming status ("grandfathering") to projects currently under construction, or under the entitlement process. The Planning Commission also suggested that the nonconforming status be limited in time. The City Attorney has indicated the difficulty associated with providing legal non -conforming status to certain projects. The Planning Commission did not reach a consensus. Casitas: Discussion took place with regard to the front yard setback requirements for casitas (Guesthouses Section 9.60.100). The Commission agreed that casitas should be designed so the driveway is not part of the casita unit. The discussion was expanded to include development standards for guesthouses, but no direction was provided to staff. Please note that staff (Community Development and Building and Safety) is currently reviewing the development standards, including entitlement process. P:/oscar/zoning issues/stfrpt2-ZCA-076 4 Projection: The Commission discussed architectural projections, which included eaves. It was suggested that eaves be permitted to encroach into the side yard setback, while other projections such as chimneys, windows, balconies, etc. be required to comply with the side yard setback requirements. The Planning Commission did not reach a consensus. Structures in the side yard: The Xode requires that yard structures (patio covers, gazebos, play equipment, etc), storage and other accessory buildings maintain the 3.5 foot to 5.0 foot side yard setback. The Planning Commission discussed the possibility of reducing and or eliminating the setback requirement. The Planning Commission did not reach a consensus. Side yard setback definition: According to the Code, a side yard means "...a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the side lot line, or its tangent, or the ultimate street right-of-way, or its tangent". Discussion took place regarding the rear yard area versus rear setback and the impact of the side yard setback (as defined by the Code) when developing in the rear yard area adjacent to the side property line. More specifically, the Planning Commission was concerned that the side yard setback, as defined, would limit the ability to construct accessory structures. After a review of aII the relevant Code provisions, Staff determined that the definition section should remain and that the "depth ... [of the] setback established in the development standards" should be modified accordingly. Public Notice This application was advertised in the Desert Sun newspaper on May 31, 2003. No comments have been received to date. STATEMENT OF MANDATORY FINDINGS: The findings necessary to recommend approval of the Zone Code Amendment can be made, as noted in the attached Resolution. P:/oscar/zoning issues/stfrpt2-ZCA-076 5 RECOMMENDATION: 1. Adopt Planning Commission Resolution 2003-_, recommending to the City Council approval of Zoning Code Amendment 2003-076; or 2. Continue this item and provide direction to staff. P:/Oscar/zoning issues/stfrpt2-ZCA-076 6 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL, AN AMENDMENT OF CERTAIN CHAPTERS AND SECTIONS OF THE LA QUINTA MUNICIPAL CODE FOR FRONT AND SIDE YARD SETBACKS AND LOT SIZES FOR RESIDENTIAL ZONES CASE NO.: ZCA 2003-076 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10" and 24th day of June, 2003, hold duly noticed Public Hearings to make certain amendments to the Municipal Code, to allow an amendment to the front and side yard setbacks as well as lot sizes within residential zones; and WHEREAS, the text amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Code Amendment: 1. The proposed text changes are consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed text changes will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The proposed text changes supports the orderly development of the City. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. PAOscar\Zoning Issues\PC Reso-setbaks.wpd Planning Commission Resolution 2003- Zoning Code Amendment 2003-076 Adopted: June 24, 2003 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (CEQA) Statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines. 3. That it does recommend approval of Zoning Code Amendment 2003-076 to the City Council for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 24th day of June, 2003, 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 PAOscar\Zoning IssuesTC Reso-setbaks.wpd B I #A DATE: APPLICANT PROPERTY OWNER: STAFF REPORT PLANNING COMMISSION JUNE 24, 2003 BART RINKER RINKER ENTERPRISES REQUEST: REVIEW AND CLARIFY USE OF BANNERS AND FLAGS, INCLUDING THE AMERICAN FLAG, FOR TEMPORARY ADVERTISING CONSIDERATIONS LOCATION: 47120 DUNE PALMS ROAD (DUNE PALMS PLAZA) BACKGROUND Mr. Bart Rinker, owner of the subject building, was cited by the Code Compliance Division for four banners he has displayed on his building at 47120 Dune Palms Road. Specifically, this property, has four for lease banners displayed in violation of Chapter 9.160 (Signs) of the La Quinta Municipal Code. These banners are in violation because banners, other than for grand openings, are not permitted, and the aggregate area of the four existing banners exceeds 24 square feet. In an effort to work with the building owner, staff directed him to submit a written request outlining his proposal for temporary leasing sign requirements. After review, staff determined that the Planning Commission should review and clarify the use of banners, including the use of flags as part of the owner's request. PRnPnSAl Attached is a letter from Mr. Bart Rinker, dated June 6, 2003, requesting permission to display several American flags along his parcel at 47120 Dune Palms Plaza (Attachment 1). The exact number of flags is not specified; the photos supplied show three pole -mounted flags along the north building elevation, and five along the west elevation. Mr. Rinker has basically put forth two preferred options: 1. Retain the existing banners , as described (Attachment 2) or, 2. Allow the series of American flags along the north and west parcel boundaries, as shown in Attachment 1. ANal YSIS In regard to Option 1, the existing banner signs do not comply with the City sign CAWINDOWS\Temporary Internet Files\OLK6284\rinkersignrptl.doc provisions. First of all, the Code does not allow the display of banners, other than for grand opening signing. The sign code as written allows up to fifty temporary signs on any one parcel, but those signs may not exceed an aggregate sign area of 24 square feet. The applicant proposes to retain the 4 established banner signs, which total ±48 sq. ft. In order to come into compliance under the Code, the owner would have to change out the existing banners with fixed -mount signs, with a cumulative total of 24 square feet or less. With Option 2, the sign provisions are less definitive. A key consideration under our Zoning Code is that, while flags are specifically defined in the Code, they also generally meet the definition of a sign, to the extent that they call attention to a particular use. The City's sign code exempts only temporary flags related to any national, local or religious holiday in residential districts. They are only regulated in terms of height, which is limited to that of the particular zoning district. Flags are also permitted as part of model homes/sales office operations; again, these are residential accessory uses regulated under a use permit. Essentially, there are no regulations identified with regard to the use of American flags on commercial properties. While apartment complexes are residential in nature, they do have a commercial component to their operations, which require similar considerations for advertising. ISSUES The owner, in his letter, argues that the auto dealers are permitted to maintain a much higher density of signs as part of their operations, and that regardless of whether they are legally entitled, the impact is significant in light of the limitations placed on other similarly zoned parcels. The auto mall was given license to erect non -conventional types of signing as part of their specific plan approval. In order to insure that this allowance does not constitute a grant of special privilege, the opportunity must be available to other similarly zoned properties - that opportunity is available via the specific plan and/or sign program processes. Whether or not there is a basis for denial of future requests, in light of any precedent set as part of the auto mall approval, remains to be seen. It appears to be more prudent to pursue an alternative process, or to amend the zoning code, in order to regulate temporary commercial signs. RECOMMENDATION In addressing the immediate issue raised for the applicant's property, staff recommends that the Commission require the applicant to apply for a temporary program for signs, independent of the existing permanent sign program, in order to address the options he has set forth. The Commission should specify which of the two options the applicant may pursue. This allows the applicant an avenue under C:\WINDOWS\Temporary Internet Files\OLK6284\rinkersignrptl.doc the existing code, with no granting of any special consideration or privilege. In terms of the general issues raised by this request, staff recommends that the Commission focus their considerations on the following alternatives, or combination thereof: 1► Provision of a temporary sign program process, for apartments and commercial buildings. Defer to the sign program process for temporary signs for multi -tenant buildings. Specific standards would be set for single tenant buildings. 2) Revising the code to allow for -lease banners. The current code prohibits banners other than for business grand openings. Standards can be prepared for commercial and apartment buildings, applicable only to arterial highways, or by the zoning district. Allowing banners would be more cost-efficient for management firms, and would help reduce sign clutter along streetscapes. 3) Revise the grand opening banner regulations to address leasing, new management announcements and similar conditions, setting forth standards for size, number, validity and location. This would be the simplest option to implement. Prepared by: Wallace Nesbit, Associate Planner Attachments: 1. Owner's letter dated 6/6/03 2. Photos of existing banners CAWINDOWS\Temporary Internet Files\OLK6284\rinkersignrptl.doc i 1 RINKER COMPANY June 6, 2003 Mr. Wallace Nesbit Mr. Anthony Moreno CITY of LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 RE: Violation of the La Quinta Municipal Code Temporary Signage — Dune Palms Plaza Dear Gentleman, Pursuant to several conversations with the Planning Department in particular Wally Nesbit I am hereby requesting a review of the proposed violation that is stated above. As you are aware I am attempting to do everything that is possible to market the lease up of my building at 47-120 Dune Palms Road. Given the building orientation to Dune Palms Road and Highway 111 it has become very difficult to attract attention to interested tenants without going beyond the "norm" in bringing attention to the building. Apparently the small "For Lease" banners on the face of the building in three (3) locations are in violation to a Code with the City. As an alternate to this temporary situation I would like to propose installing and adding several flag poles with the American Flag, as shown on the attached schematics. This would be done in good taste and certainly would not be met with any objections by the general public, unless of course they were un-patriotic. I do not believe this request is any more out of the ordinary than what is currently being allowed with several of the auto dealerships along Highway 111. As I indicated this temporary solution will resolve itself as soon as I have completed the lease up on my building. An alternative to the flag poles would be to allow the existing banners to remain until the lease up has occurred. ATTACHMENT 1: 4 PAGES MAILING ADDRESS: P.O. BOX 7250 • NEWPORT BEACH, CALIFORNIA 92658-7250 TEL: (714) 979-8300 • FAX: (714) 979-3327 Mr. Wallace Nesbit Mr. Anthony Moreno CITY of LA QUINTA June 6, 2003 Page 2. Feel free to contact me with any questions or inform what measures are available to me in order to move forward. Palms Plaza, LLC Cc: Mr. Harold B. Hembree — The Rinker Company Mr. John Boyd — CB Richard Ellis, Inc. 0 8477 res: 'ures #1 West side. #2 West side. ATTACHMENT 2: 3 PAGES eer Assigned Date Closed _ (Approved By - - -- -- �- -- - r --- — My Moreno --- —� -- -- -- -- lay, June 17, 2003 Page 5 of 8 ?# 8477 #2 West side close up. #3 North side close up. #3 North side. :er Assigned Date Closed AApproved By ny Moreno - -- --- -- lay, June 17, 2003 Page 6 of 8 V 8477 er Assigned iy Moreno — -- ay, Juice 17, 2003 #4 East side. Address Address closeup ------ ------ -- --, F Date --Closed t roved By - - Page 7 of 8 Ma3mr®e Dates, 3ULC 1387 Ambassador Way Salt Lake City, Utah 84108 (801) 582-0293 Fax (801) 583-1722 craigknight2002@hotmail.com ccw,r.. June 20, 2003 Planning Commission City of La Quinta La Quinta, Ca Re: Zoning Code Amendment 2003-076 Dear Members, I am the owner of Property on Monroe Street in the City of La Quinta and am informed of the above referenced Amendment and wanted to express my concern and opinion. The changes proposed may achieve some of the intended results but others always follow that are not intended. My experience is market conditions generally drive a better project in its respective zoning rather than forced changes. The City of La Quinta has done a very good job with what has been produced. For example a larger lot size will bring in numerous request to change of zoning to allow smaller lots than the current 7200 sq ft. I am opposed to the Amendment and would subscribe to the staff recommendation "Option 3. No Change" and allow the staff do what they have done in the past and that would be to make minor adjustments on a case -by -case basis. I will be in attendance of your meeting on June 24. Thank you for your consideration. Resp tfully, Craig A, Knight, Manager June 24, 2003 Mr. Rich Butler Chairman La Quinta Planning Commission 78-495 Calle Tampico La Quinta, CA 92253 Dear Rich: Desert Chapte, Building Industri, Associal of Southern California 77-570 Springfield Lane Suite E Palm Desert. CdEfortua 9221 760.360.2476 fax 760.772.3372 www. Desert (:Iiapte.r. con i E Mail: BIA@DesertChapt Two weeks ago, members of the building industry of the Coachella Valley appeared before your commission and expressed concerned with Zoning Code Amendment 2003-076. During the rather lengthy discussion on the item, including front and side yard setbacks, we requested a meeting with city staff to try and work out the differences in philosophy. Today we had that meeting. The crux of the meeting is that the building industry does not agree with either of the aforementioned changes, nor the question of increasing lot size to 8,000 square feet, discussion of which was never reached at your last meeting. The building industry sees no reason for the suggested changes and has come to the conclusion that these changes will not achieve the stated goals of some members of the commission. As stated by you at your last Commission meeting, the changes being contemplated are too important to be hurried. Given your thinking and the apparent lack of understanding of just what the problem with current rules are, we respectfully suggest that no action be taken on Zoning Code Amendment 2003-076 at your meeting tonight and, instead, the subject be referred to a Commission study session with the building industry so we might work out realistic changes if that is what is needed. I am sorry for the last minute nature of this request, but a meeting with staff was required to arrive at this conclusion. There will be members of the building industry at tonight's meeting to further e#plain our thinking. 1/ I i ,/ Respkt X'y, L � Exec ive Director c,'ttome Builcicrs vnd the California Building IndustryAssociation