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2003 07 29 PCPlanning Commission Agendas are now available on the City's Web Page @ www.la-quinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JULY 29, 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 2003-052 Beginning Minute Motion 2003-01 1 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the regular meeting of July 8, 2003. B. Department Report PC/AGENDA V. VII. PUBLIC HEARING: A. Item ................. CONTINUED - SITE DEVELOPMENT PERMIT 2003- 773 Applicant .......... California Cove Communities Location ........... Northeast corner of Madison Street and Airport Boulevard, within the Greg Norman Golf Course development. Request ............ Consideration of architectural plans for three new single family prototype residential units with two different elevations for each unit. Action .............. Applicant has requested this application be tabled. B. Item ................. CONTINUED - ZONING CODE 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 .............. Staff is requesting to table this application and renotice for a future date. C. Item ................. VILLAGE USE PERMIT 2003-017 Applicant .......... Allen O'Neil Location ........... 51-455 Desert Club Drive Request ............ Consideration of an addition of approximately 688 square feet to an existing single family home and the conversion of the structure into administrative offices for a telecommunications company on a 0.24 acre site. Action .............. Resolution 2003- PC/AGENDA D. Item ................. VILLAGE USE PERMIT 2003-016 Applicant .......... Frank Glynn for Rael Development Corp. Location ........... East side of Avenida Martinez, south of Calle Tampico Request ............ Consideration of a two story, six unit apartment building. Action .............. Resolution 2003- E. Item ................. TENTATIVE TRACT MAP 30092, EXTENSION #1 Applicant ......... Tahir Majid Location ........... Northwest corner of Avenue 58 and Monroe Street Request ........... Consideration of a one year time extension to file a Final Map for the subdivision of + 37 acres into 97 single family lots. Action ............. Resolution 2003- F. Item ................. TENTATIVE TRACT MAP 31349 Applicant .......... Toll Brothers Location ........... North side of Avenue 52, east side of Jefferson Street Request ............ Consideration of a subdivision of + 69 acres into 198 single family lots. Action .............. Resolution 2003- G. Item ................. SITE DEVELOPMENT PERMIT 2003-775 Applicant .......... Washington 1 1 1, Ltd. Location ........... Bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street Request ............ Consideration of a request to construct five buildings totaling 84,600 square feet within the Washington Square Commercial Center. Action .............. Resolution 2003- H. Item ................. ZONING CODE AMENDMENT 2003-077 Applicant .......... City of La Quinta Location ........... City-wide Request ............ Review proposed changes to Chapter 8.13 regarding Water Efficient Landscaping Action .............. Resolution 2003- PC/AGENDA VI. BUSINESS ITEMS: A. Item ................. SIGN APPLICATION 2003-708 Applicant .......... Imperial Sign Company for Omri & Boni Restaurant Location ........... Northeast corner of Caleo Bay and Washington Street. Request ............ Consideration of a business identification sign. Action .............. Minute Motion 2003- VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Report on the City Council meeting of July 22, 2003 — Chairman Kirk. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on August 12, 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 July 8, 2003 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Vice Chairman Tyler who lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Tom Kirk, Paul Quill, and Vice Chairman Robert Tyler. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, and Associate Planner Greg Trousdell. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Vice Chairman/Commissioner Abels to amend the Agenda to take Item "H" as Item "B", and reorganize the Agenda accordingly. Unanimously approved. B. Vice Chairman Tyler introduced the two new Commissioners, Rick Daniels and Paul Quill, and welcomed them to the Commission. IV. ELECTIONS: A. Vice Chairman Tyler opened the nominations for Chairman. It was moved by Commissioners Abels to nominate Tom Kirk as Chairman. There being no further nominations, the nominations were closed and Tom Kirk was unanimously elected as Chairman. B. Chairman Kirk assumed the Chair and nominated Jacques Abels as Vice Chairman. There being no further nominations, Jacques Abels was elected Vice Chairman with Commissioner Tyler voting no. Planning Commission Minutes July 8, 2003 CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of June 24, 2003. Assistant City Attorney Michael Houston asked that Page I.C., under Staff Present, it should be corrected to show that City Attorney Kathy Jenson was present. Commissioner Tyler asked that Page 9, Item 14 be corrected to read, "...that since the Specific Plan applies to four of the original parcels owned Lapis Energy Development, who has control over the individual sites." There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. Unanimously approved. 2. Department Report: None VI. PRESENTATIONS: A. Chairman Kirk asked that former Commissioners Rich Butler and Steve Robbins come forward for presentation of a "Resolutions of Recognition" for their service to the City as Planning Commissioners. VII. PUBLIC HEARINGS: A. Site Development Permit 2003-773; a request of California Cove Communities for 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 located at the northeast corner of Madison Street and Airport Boulevard. 1. Planning Manager Oscar Orci informed the Commission the applicant had requested a continuance to the meeting of July 29, 2003. 2. There being no further discussion, it was moved and seconded by Commissioners Daniels/Abets to continue the project to July 29, 2003. Unanimously approved. B. Continued - 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 9.50.070.13 - Residential Development Standards; Section 9.60.0603 - Supplemental Residential Regulations; Section 9.60.320.0 — Resort Residential; Table 9.2 — Residential Development Standards; Figure 9.1 — Development G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 2 Planning Commission Minutes July 8, 2003 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. It was moved and seconded by Commissioner Abels/Tyler to continue discussion of Zoning Code Amendment 2003-076 to the Planning Commission meeting of July 29, 2003. Unanimously approved. C. Environmental Assessment 2003-476 and Capital Improvement Project 2000-06; a request of the City for a recommendation to the City Council for certification of a Mitigated Negative Declaration of environmental impact and consideration of the design for the City's Municipal Library, to be located at 78-275 Calle Tampico. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department 2. Commissioner Quill asked staff to explain the purpose of the other portion of the building that was not to be used at this time. Community Services Director Dodie Horvitz explained it was envisioned the Library would occupy the first 10,000 square feet and the second 10,000 square feet would be used for storage or meeting rooms until such time as the funding was available for the balance of the improvements. 3. Commissioner Tyler asked if staff had a proposed schedule for completion of the building. The architect, Mr. Thomas Anglewicz of M.W. Steele Group, Inc., stated the schedule calls for construction to begin in March, 2004. Commission Tyler questioned whether there would be any additional parking being installed for the Library. Mr. Anglewicz stated there were no plans for additional parking. 4. Chairman Kirk asked why there was a 30 degree orientation to the park. Mr. Anglewicz displayed the site plan and explained it was oriented to complement the remainder of the Civic Center complex. Chairman Kirk asked if the Architectural and Landscaping Review Committee (ALRC) recommendations were incorporated into the conditions. Mr. Anglewicz indicated they would include the ALRC recommendations. G:\WPDOCS\PC MINUTESW-8-03WD.DOC 3 Planning Commission Minutes July 8, 2003 5. Chairman Kirk asked if there was any public comment. There being no public comment, the public participation portion of the hearing was closed and open to Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-045 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-476. ROLL CALL: AYES: Commissioners Chairman Kirk. NOES: None. Abels, Daniels, Quill, Tyler, and None. ABSTAIN: None. ABSENT: 7. It was moved and seconded by Commissioner Abels/Daniels to adopt Planning Commission Resolution 2003-046 recommending approval of the design for the construction of the City's Municipal Library, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. D. Site Development Permit 2002-774; a request of Michael Shovlin for review of development plans for a one story commercial restaurant building on 0.6 acres located at 78-902 Highway 111 within the One Eleven La Quinta Center - Thai Smile. 1. Chairman Kirk 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. Commissioner Tyler asked why staff was requiring a handicap sidewalk (Condition #49.A.). Staff explained it was needed for access to the parking lot as there was a bus stop in close proximity. Commissioner Tyler asked why the cost of the bus shelter was not charged to the Center developer rather than the individual building owner. Staff explained Mr. Shovlin was the Center owner and he was responsible for the cost, but the cost could be deferred to the development of one of the larger buildings in the Center if it was the desire of the Commission. Commissioner Tyler asked why the conditions from the Sheriff's G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 4 Planning Commission Minutes July 8, 2003 Department were not written into the conditions. Staff explained there were no specific conditions, but rather general statements. Staff is ensuring that should any issues arise, this condition would require the developer to resolve any issues raised by the Sheriff's Department. Commissioner Tyler asked why there were no parking lot or lighting standards for this project. Staff explained they would be governed by the Specific Plan and staff would review them during plan check. Commissioner Tyler asked if the outdoor patio protruded into the 50 foot setback along Highway 1 1 1, and if so, was that allowed. Staff stated it was allowed. Commissioner Tyler asked what parking lot would contain the new landscape planters referred to in the staff report. Staff stated if would be on the portion constructed with the building. 3. Commissioner Daniels asked if the circulation had been considered in regard to the trash receptacles on the north side of the building and the deliveries and receiving areas. Staff stated this was discussed during the ALRC meeting. At that time staff recommended relocating it closer to the Eisenhower Immediate Care Center, but the restaurant proprietor stated that for easier use and control, it was better as designed. 4. Commissioner Quill asked if landscaping was proposed to soften the east elevation. Staff stated there was and showed what was proposed including the location for the metal lattice structure. Commissioner Quill suggested the north elevation be enhanced by either some type of roofing material instead of the parapet, with some type of detail at the top. He then asked who is responsible for the bus shelter. Planning Manager Oscar Orci stated a permit is issued by Caltrans and Sunline is responsible for the maintenance. Staff stated the construction of the bus shelter is included in the conditions and will be monitored by staff until constructed. Mr. Cox, the architect, gave a presentation on the project. 5. Commissioner Tyler asked if additional light standards would be added to the parking lot used for this business. 6. Commissioner Quill suggested it be similar to the parking lot used by Starbucks. Mr. Shovlin, developer of the Center, stated he would provide staff with a photometric study on the site. G:\WPDOCS\PC MINUTEW-8-03WI)MOC 5 Planning Commission Minutes July 8, 2003 7. Commissioner Tyler asked the location of the bicycle rack. Mr. Cox stated it would be away from the door and out of the sidewalk. 8. There being no further questions of the applicant or staff, Chairman Kirk asked if anyone else would like to speak on this project. Mr. Brandon Wood, proposed tenant, stated he would like to amend the entryway elevations at a later date. 9. Commissioner Daniels asked if Mr. Wood had seen the conditions allowing the exterior alterations. Mr. Wood stated he had no objections to the conditions. 10. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 11. Commissioner Quill clarified that according to the way the conditions were written, the Community Development Director will be able to make a determination in regard to the exterior elevations upon review of the final building plans. He questioned whether or not the Asian gable end was architecturally in keeping with the remainder of the site. 12. Chairman Kirk noted there was a consensus among the Commissioners that the elevations not be Asian in design in the event a different user assumes the building sometime in the future. Discussion followed regarding when and who would be responsible for the construction of the new bus shelter. 13. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-047, approving Site Development Permit 2003- 774, as amended: a. Condition added: The applicant shall add architectural and landscaping enhancements to the northern elevation facade. b. Condition added: The applicant shall provide a lighting study to determine whether additional lighting is needed in the parking lot. C. Condition #49.A.: Deleted d. Condition #49.C.: Any reference to "Asian" architecture removed. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 6 Planning Commission Minutes July 8, 2003 e. Condition #53: Amend the condition to require the bus shelter to be completed within three years. f. Condition #54: The applicant shall work with staff to install appropriate, cost effect security measures pursuant to the Sheriff's Department letter of June 18, 2003. MOLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Environmental Assessment 2002-465 and Tentative Tract Map 30135; a request of Dan Jewitt for certification of a Mitigated Negative Declaration of environmental impact and approval of the subdivision of approximately 14.69 acres into 47 single family and other common lots for the property located at 80-600 Avenue 52. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Tousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Quill questioned the grade elevations adjacent to the Channel/dike, whether or not Avenue 52 was intended to have a median and if so, is this applicant required to provide future funding. Assistant City Engineer Steve Speer stated the median would be constructed by The Hideaway project to the south with Development Impact Fees. With respect to the elevation differential between the dike elevation and adjacent street, if there is inadequate space for sloping, they will be required to construct a retaining wall. Commissioner Quill also stated the design for the entry gates and the wall fronting Avenue 52 needs to be enhanced. 3. Commissioner Tyler stated the staff report mentions a Golf Cart Path and he was unaware the City had a plan. Assistant City Engineer Steve Speer stated they would be looking at the stripping only, which would be a bicycle path at this time. Commissioner Tyler asked that Conditions #37 and 42 were the same and one should be deleted. He asked if Avenue 52 was built to City standards or was it still a rural road. Staff stated the existing pavement is rural standard, and until the City has a method of testing the thickness of the road, staff does not know whether or not it will have to be structurally changed. Commissioner Tyler G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 7 Planning Commission Minutes July 8, 2003 questioned why other developments, in this same area, were required to construct the road up to the City's standards. Staff would look into the matter. Commissioner Tyler asked if the utilities were to be undergrounded. He also asked staff if the project was to have a perimeter wall around the entire project. Staff stated they show a masonry wall around the perimeter and it is noted in Condition #74. Commissioner Tyler stated a wall should be constructed along the Channel. Staff stated the Mountain View project was only required to have a chain link fence. 4. There being no other questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Dan Jewitt, the applicant, stated he was available to answer any questions. 5. Commissioner Ables asked the intended use of Lots B, C, and D. Mr. Jewitt stated they would be retention basins. 6. Chairman Kirk asked the depth of the irrigation pipe lines in the easements. Mr. Jewitt stated they have seven feet of cover over an 84-inch pipe line. Chairman Kirk asked if the applicant had considered using the easement for his retention basins. Mr. Jewitt stated they had considered it, by they decided it made more sense to take everything to the front of the project. He stated the slope adjacent to the Channel belongs to the Water District and they do have a buffer between their roadway and the toe of the slope which will be heavily landscaped. In regard to the perimeter wall, they will have a wall around the entire development. Concerning the gates, they will enhance the entry. 7. There being no further questions of the applicant, and no other public comment, the public participation portion of the hearing is closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-048, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-465, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Kirk, Quill, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 8 Planning Commission Minutes July 8, 2003 9. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-049, recommending approval of Tentative Tract Map 30135, as amended: a. Condition #37: Deleted b. Add Condition regarding standard condition for underground of utilities along Avenue 52. C. Add Condition regarding upgrading the streets to City standards for Arterial streets. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Tentative Tract Map 29053, Extension #3; a request of Trans West Housing for a third one year extension of time for a tentative tract map creating 103 single family lots located northwest of the intersection of Jefferson Street and Avenue 50. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked staff to explain "arrhythmic". Assistant City Engineer Steve Speer stated that rather than having a uniform rhythm, it has an A -typical arrhythmic pattern. It means irregular. 3. Chairman Kirk asked why this tract did not have a 50% maximum turf requirement. Staff stated it did not have the requirement when it was approved. 4. There being no other questions for staff, Chairman Kirk asked if the applicant would like to address the Commission. There being no comments from the applicant and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-050, recommending approval of Tentative Tract Map 29053, Extension #3, as amended: G:\WPDOCS\PC MINUTEW-8-03WD.DOC 9 Planning Commission Minutes July 8, 2003 a. Condition added to allow no more than 50% landscaping in the front yard to be devoted to turf. ROLL CALL: AYES: Commissioners Abels, Daniels, Kirk, Quill, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. F. Conditional Use Permit 2002-073 and Site Development Permit 2003- 477; a request of St. Francis of Assisi Catholic Church for a request to approve development plans for a 3,912 square foot Youth Center to be located at 46-895 Highland Palms Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bob Ricciardi, architect for the applicant, gave a presentation on the project. 3. Chairman Kirk asked if there was any other public comment. Mr. David Lasaan, 46-885 Highland Palms Drive, stated he was the owner of the multi -colored home next door to the west of the Youth Center, he has used the rear yard that was shown on the Church plans for over 20 years. He has had problems with the children throwing stones and making noise. 4. Mr. Michael Van Denabel, 46-875 Highland Palms Drive, stated his opposition to the project. He submitted a petition signed by 30-35 of the residents. He indicated he would like to have peace and quiet in the neighborhood and the Youth Center was not conducive to the residential neighborhood. 5. Ms. Rebecca Shields, 46-885 Highland Palms, stated the children throw rocks over her yard, tease her dogs, and trespass into her yard. This should be a single family residence and not a Youth Center. 6. Mr. Robert Cox, 78-315 Crestview, stated his opposition to the project as the majority of the access will be from the front and not G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 10 Planning Commission Minutes July 8, 2003 the parking lot. He encouraged the Church to build the Youth Center on their existing property. 7. Mr. Ricciardi responded to the comments by stating there would be no evening classes and they will discontinue the use at 5:00 p.m. He further indicated he would like to keep the entry arches at 12 feet instead of the staff recommendation of 10 feet. 8. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the matter for Commission discussion. 9. Commissioner Daniels stated the use is not compatible as noted by the comments expressed by the surrounding residents. 10. It was moved and seconded by Commissioners Daniels/Tyler to deny Conditional Use Permit 2002-073. ROLL CALL: AYES: Commissioners Daniels and Tyler. NOES: Commissioners Abels, Quill, and Chairman Kirk. ABSENT: None. ABSTAIN: None. 11. Commissioner Quill suggested potential modifications that would reduce the impacts on the surrounding residents. He indicated the traffic should be entirely on the Church property with no access taken from Highland Palms. In addition, the project should be redesigned to eliminate the noise problems. 12. Chairman Kirk agreed the project should be redesigned to mitigate the impacts to the residents. 13. Commissioner Daniels stated that although the layout was good, the testimony of the neighbors indicated it would be too much of an intrusion on this residential neighborhood. 14. Commissioner Tyler indicated a Church will generally work with a neighborhood when a problem has been identified, such as the incident with the trees. Perhaps the Church may want to take the information as presented at this meeting and redesign the project to address the concerns raised. Discussion followed. G:\WPDOCS\PC MINUTESW-8-03WD.DOC 11 Planning Commission Minutes July 8, 2003 15. There being no further discussion, it was moved and seconded by Commissioners Quill/Abets to adopt Planning Commission Resolution 2003-051, approving Conditional Use Permit 2002- 073, as amended: a. The conditional use permit is granted for 90 days. b. The hours of operation are limited to 8:30 a.m. to 8:30 p.m., seven days a week. C. The maximum number of children present shall be limited to 30 at any given time. d. Access to the property shall be taken from the Church parking lot. Emergency access only can be taken from Highland Palms Drive. e. Applicant shall work with the residents to redesign the project to address the neighbor's concerns. ROLL CALL: AYES: Commissioners Abels, Quill, and Chairman Kirk. NOES: Commissioners Daniels, Tyler. ABSENT: None. ABSTAIN: None. 16. It was moved and seconded by Commissioners Ables/Daniels to continue Site Development Permit 2003-477, to October 14, 2003. Unanimously approved. G. Plot Plan 83-001; a request of KSL Development Corporation for review and clarification on the allowed use of the property located at 78-501 Calle Ultimo. 1. 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. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commissioner. Ms. Cindy Zamora, representing KSL Development, gave a presentation on the project and stated she was available to answer any questions. 3. Commissioner Abels asked if they would object to constructing a block wall. Ms. Zamora stated they would not, but the oleanders would have to be removed and it would aesthetically affect the neighbors view. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 12 Planning Commission Minutes July 8, 2003 4. Commissioner Quill stated he was employed by Landmark at the time this facility was constructed and it appears to him that the use has increased in terms of storage, etc. Ms. Zamora stated that is true in regard to what was approved. However, it is less than what was used by Landmark. Commissioner Quill stated he is not pleased with the level of maintenance and the way KSL has used their "backyard" in regard to appearance. He is concerned with the appearance of the facility. 5. Commissioner Tyler asked if the two homes that abut this facility were present when this facility was constructed. Ms. Zamora stated they were. 6. Ms. Zamora stated no issues have been raised by the neighbors in regard to aesthetics. The neighbors do like the oleanders as it provides them with privacy. 7. Chairman Kirk asked if anyone else would like to address the Commission on this issue. Mr. Alan O'Neil, 78-515 Avenida Ultimo, stated he had several issues and asked if there had been a letter written to KSL allowing them to use this facility for storage only. Planning Manager Oscar Orci stated that during the entitlement process, staff did write a letter limiting the use of the facility including that no maintenance take place on the site. Mr. O'Neil stated the oleanders are dying. They were planted when his house was constructed and were not there when this facility was constructed. They have contracted the disease that kills the plant and the worst ones are in front of his kitchen window. Whether they continue to use the facility or not, they would prefer the oleanders be removed and a wall constructed. He is concerned about the value of his home. The facility has been a storage facility since he moved in with very little, or no traffic. Recently, the traffic has increased and they did voice a compliant with the City and it has decreased. He distributed pictures he had taken of the traffic. 8. Commissioner Tyler asked the age of his house. Mr. O'Neil stated it is six years. Commissioner Tyler stated the applicant had stated it was constructed in 1983. 9. Ms. Susan O'Neil, 78-515 Avenida Ultimo, stated she had worked for KSL and knew the use of the facility was only storage. In December, she heard the use would be changed. The workers are G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 13 Planning Commission Minutes July 8, 2003 cooking in the facility and the gate and cement are in very bad condition and a hazard to small children. They were told by the City in December, that KSL was not allowed to use this facility for anything other than storage and she does not believe that just because they are KSL they should be able to do whatever they want. 10. Mr. Joe Garza, 55-550 Calle Quito, stated he tried to park a couple dump trucks and was told by the City it was not allowed. He is completely against this use in this location. He presented letters from other residents objecting to the facility. 11. Mr. Rick Duram, 78-685 Avenida Ultimo, stated it is typical of KSL to treat this street as a "third world country". The oleanders have died down Calle Ultimo. They would like to see the appearance improved all the way down Calle Ultimo. 12. Mr. Nick Patrinoscar, 78-746 Avenida Tujunga, stated he was opposed to a maintenance yard in a residential neighborhood. It will increase traffic and open the door to allow other commercial businesses in a low density neighborhood. 13. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 14. Commissioner Abels stated he would not like to see the use denied. There should be some conditions placed on the use to bring it up aesthetically, such as a block wall. The responsibility of the oleanders should belong to whoever owns the property the oleanders are on. 15. Commissioner Quill asked if they were approved for a conditional use permit. Planning Manager Oscar Orci stated it was approved under a plot plan permit and no time limitation was placed on the use. The City made the findings that this facility was appropriate as it was adjacent to a substation and Washington Street. Commissioner Quill stated he therefore believe the site should be aesthetically improved. 16. Commissioner Tyler stated this is a use that was granted several years ago and has since changed. The whole neighborhood has changed. Fuel is stored on site and the guidelines established by G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 14 Planning Commission Minutes July 8, 2003 the City have been ignored. He has visited the site and saw a truck having its brakes changed. The site has become a matter of convenience for the corporation and he thinks the corporation can do better for the community. This is an improper use in the wrong location. They need to build a proper building in an appropriate zone. He would not like to see this body approve the use after all the violations that have been going on for the last several years. 17. Commissioner Daniels asked staff if it was correct that there were seven zoning violations. Staff stated that was correct. Commissioner Daniels stated that rather than resolve those violations, they are asking staff to review their request to bring it into compliance. Staff stated that was correct and went over the options available to the applicant. Discussion followed regarding the prior approvals. 18. It was moved by Commissioner Abels to adopt Minute Motion 2003-010 approving Plot Plan 83-001 with the following conditions: a. Clean up the site, enclose the property with a minimum 6-8- foot wall and require a time frame for the work to be completed within. 19. Commissioner Tyler asked that they comply with the original letter of approval. Commissioner Abels concurred. 20. Planning Manager Oscar Orci clarified the original letter only required a landscape screen. Commissioner Abels stated the block wall should replace the cyclone fence. 21. The motion died for lack of a second. 22. It was moved and seconded by Commissioners Quill/Abets to adopt Minute Motion 2003-010 reconfirming the use as stipulated in Plot Plan 83-001 as approved by the City on June 30, 1983, with the exception that an 8-foot block wall be constructed instead of the landscaped screen/oleanders. The City take whatever measures necessary to see that all safety issues are addressed. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 15 Planning Commission Minutes July 8, 2003 23. Chairman Kirk asked legal counsel whether or not the Commission could ask staff to enforce a letter that was inconsistent with the underlying land use designation of the area. Assistant City Attorney Michael Houston stated it would be an existing, nonconforming use. He is unaware of the City's regulations in regard to the duration of existing nonconforming uses. 24. Commissioner Abels asked the applicant for their opinion. Ms. Zamora stated she did not understand why they would be required to construct a wall for a facility they would no longer be able to use. 25. The motion was rescinded. 26. Chairman Kirk explained that if they submitted an amendment to the Plot Plan requesting permission to use the facility for more intensive uses, the Commission would want a block wall constructed and may allow the more intensive uses. Ms. Zamora stated she understood this was the purpose of the public hearing. Chairman Kirk stated that if the applicant offers to build the block wall, all uses could be interpreted as being in conformance with the original 1983 letter. 27. Commissioner Tyler disagreed. 28. It was moved and seconded by Commissioners Quill/Abels to adopt Minute Motion 2003-010 reconfirming the use as stipulated in Plot Plan 83-001 as approved by the City on June 30, 1983. Unanimously approved. VII. BUSINESS ITEMS: None IX. CORRESPONDENCE AND WRITTEN MATERIAL: None. X. COMMISSIONER ITEMS: 1. Chairman Kirk asked the Commission pleasure in regard to being dark any meetings in August. Following discussion, it was determined the Commission would go dark August 26, 2003. 2. There was no report of the City Council meeting of July 1, 2003. G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 16 Planning Commission Minutes July 8, 2003 XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on July 29, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:24 p.m. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 17 1091,PWAIL STAFF REPORT PLANNING COMMISSION DATE: JULY 29, 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 TO TABLE: This item was continued from the June 24, and July 8, 2003, meeting to this date at the request of the applicant. The applicant has requested that this application be tabled indefinitely. Upon the request of the applicant, this application will be advertised for a future Planning Commission hearing. Attached is the letter for your review. RECOMMENDATION: Table application request. Attachment: 1. Letter from California Cove Communities dated July 22, 2003 Prepared by: Stan B. Sawa Principal Planner p:\stan\sdp 2003-773 table rpt.wpd TUL.2A03 5:46PM California. Cove N'-).02,1 July 22, 2003 City of La Quinta Community Development Department 78-495 Calle Tampico La Quints, CA 92253 RE: PLANNING COMMISSION MEETING AGENDA Site Development Permit 2003-733 Applicant: California Cove Communities, Inc. Location: NMl Corner 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. 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. f incerely, Carol S. Long Vice President STAFF REPORT PLANNING COMMISSION DATE: JULY 29, 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: CITY-WIDE APPLICANT: CITY OF LA QUINTA ENVIRONMENTAL CONSIDERATION: 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 BACKGROUND: The Planning Commission has discussed a variety of zoning issues, including such things as drive-throughs, service stations and setbacks, and directed Staff to draft the appropriate code modifications. This item was continued to allow the new Commission members the opportunity to review the issues prior to rendering a decision. Also as directed by the Commission, Staff has been meeting with the Building Industry Association (BIA) to discuss the proposed zone changes. Staff and the BIA continue to meet in an effort to address the BIA's concerns; therefore, staff is requesting the Planning Commission continue this matter for 30 days to allow staff additional time to properly address their concerns. RECOMMENDATION: Continue the Public Hearing to the meeting of September 9, 2003. P:\Oscar\Zoning Issues\STAFF REPORT 7-29-03.doc PH #C STAFF REPORT PLANNING COMMISSION DATE: JULY 29, 2003 CASE NO: VILLAGE USE PERMIT 2003-017 APPLICANT/ PROPERTY OWNER: ALAN & SUSAN O'NEIL REQUEST: CONSIDERATION OF A REQUEST TO ADD APPROXIMATELY 688 SQUARE FEET TO AN EXISITNG RESIDENTIAL STRUCTURE AND CONVERT THE STRUCTURE TO COMMERCIAL OFFICE SPACE FOR A TELECOMMUNICATIONS COMPANY. LOCATION: 51-455 DESERT CLUB DRIVE ENGINEER: NOT APPLICABLE ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THE USE INVOLVES THE CONVERSION OF AN EXISTING STRUCTURE FROM ONE USE TO ANOTHER WHERE ONLY MINOR MODIFICATIONS ARE MADE TO THE STRUCTURE AND THEREFORE, WILL HAVE NO PERMANENT EFFECTS ON THE ENVIRONMENT. GENERAL PLAN/ ZONING DESIGNATIONS: VILLAGE COMMERCIAL (VC)/VILLAGE COMMERCIAL (VC) PC STFRPT VUP 03-017.wpd BACKGROUND: The site is approximately 0.24 acres in size and is located at the southwest corner of Desert Club Drive and Calle Cadiz (Attachment #1). The site consists of a single-family home within the Village Commercial Zoning District. Depending on the intensity of the use, the Village Commercial Zoning District allows residential and commercial uses. There are other commercial uses mixed within residential uses in the area between Avenida Bermudas, Desert Club Drive, Avenue 52 and Calle La Fonda. The site was used as an office for a property management firm for approximately eight years. The business moved out and the site remained vacant for approximately six months. The applicant has recently purchased the property and is currently using it as office space. Under Section 9.65.040.D. of the Zoning Code, additions and exterior building and site modifications require approval of a Village Use Permit by the Planning Commission. PROJECT PROPOSAL: The applicant is requesting approval of a Village Use Permit to add approximately 688 square feet to an existing structure and convert the structure into office space for a telecommunications company. The company installs low voltage cable for phones, televisions and internet services for residential and commercial buildings. All of the materials used for installation are delivered to the work site. The proposed Village Use Permit would allow an office use on the site for administrative purposes. A portion of the existing carport at the rear of the structure will be enclosed to provide two office spaces. The remaining portion of the carport will remain. The existing covered patio at the southwest corner of the structure will be enclosed and converted to a copy room. Also, the existing carport at the west end of the structure will be enclosed to provide an office storage area. Minor modifications are proposed to the interior of the structure to provide access to the new offices and the copy room. Should the Planning Commission approve this use, the applicant will have to comply with all Building Code requirements for the modifications to the structure, including Americans with Disabilities (ADA) requirements. PC STFRPT VUP 03-017.wpd Parking: Under Section 9.150, the proposed use is required to provide one (1) space for every two -hundred and fifty (250) square feet of office space. Based on 2,053 square feet, including the additional square footage, the required parking results in eight (8) spaces with one being a handicap space. The property has on -site parking that served the original residential use. However, it is not enough to meet the required parking. Staff recommends that the parking be limited to what is currently on -site. If additional parking is needed, then street parking may be used. Other businesses in the immediate area use street parking as well. Landscaping: The landscaping requirements include shade trees in the parking lot, drought tolerant plants and an automatic irrigation system. Currently, no additional landscaping is proposed for the use other than what is existing on the site, which includes four trees, lawn and rose bushes. Staff recommends that the existing landscaping be maintained in an orderly manner and that at a minimum, some additional landscaping (drought tolerant plants) be planted along the front and east side of the structure to enhance the visual appearance of the site. Lighting: Parking lot lighting is also required for safety and security purposes. Parking lot lighting is required to be shielded downward to avoid light glare onto adjacent properties and vehicular traffic. No parking lot lighting is proposed for the use. There are two existing lighting fixtures, one on the north and another on the south side of the structure. While these lights are provided for safety purposes, they are bright and produce glare during evening hours which projects onto adjacent properties and the street. Staff recommends adding a condition to this permit to have the lighting fixtures lowered to the roof's eave and shielded downward, or replaced with complying fixtures so as to reduce glare onto adjacent properties and the street. This would be in keeping with the City's Dark Sky Ordinance. PC STFRPT VUP 03-017.wpd Trash Enclosure: The use currently has a metal trash bin, but no enclosure located at the western end of the structure. Since this area is going to be enclosed and used for storage the trash bin will have to be relocated. Depending on how the parking lot is designed, the trash enclosure will be included to address this issue. If the Planning Commission supports staff's recommendation to not require the parking lot, then staff also recommends that no trash enclosure be required. The use currently has a metal trash bin, but no enclosure. Since the use is for administrative purposes only, the business generates a small amount of solid waste. Therefore, staff recommends that normal size trash containers, similar to those in residential areas, be used and that the trash bin be removed from the site. Mechanical Equipment: The structure currently has roof mounted mechanical equipment but it is not screened. Section 9.100.050 of the Zoning Code states that any roof mounted mechanical equipment shall be screened. Staff recommends that a condition be added to this permit to require any existing and new roof mounted mechanical equipment be screened from public view. The applicant has stated that the requirements of the parking lot improvements, additional landscaping, lighting, trash enclosure, and mechanical screening would make it infeasible for them because of the costs involved for their small business. The applicant has stated that the business is mainly handled through phone calls and has four to five people working in the office at any one time so parking on the site and on the street should suffice. Also, the applicant states that the structure should be more in keeping with the character of the immediate neighborhood in the event that it is converted back to a residential use. Should the Planning Commission require the applicant to provide the above mentioned improvements, the applicant will be required to submit all applicable fees and detailed drawings for such improvements meeting all City standards. Public Notice This project was advertised in the Desert Sun newspaper on July 18, 2003, and mailed to all property owners within 500-feet of the site. To date, no letters have been received. Any written comments received will be handed out at the meeting. PC STFRPT VUP 03-017.wpd STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.65.040.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2003 approving Village Use Permit 2003-017, subject to findings and the attached Conditions of Approval. Prepared by: Martin Magana Associate Planner Attachments: 1. Site Location Map 2. Plan Set PC STFRPT VUP 03-017.wpd PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ADDITION OF APPROXIMATELY 688 SQUARE FEET TO AN EXISTING RESIDENTIAL STRUCTURE AND COVERTING THE STRUCTURE TO OFFICE SPACE WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT. CASE NO.: VILLAGE USE PERMIT 2003-017 APPLICANT: ALAN & SUSAN O'NEIL WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 29 day of July, 2003 hold a duly noticed Public Hearing to consider a request by Alan & Susan O'Neil to allow the addition of approximately 688 square feet to an existing structure and convert the structure to office use at 51-455 Desert Club Drive, more particularly described as follows: APN: 770-153-003 WHEREAS, said Village Use Permit 2003-017 is Categorically Exempt from environmental review pursuant to provisions of Section 15303 (Class 3) of the California Environmental Quality Act (CEQA), in that the use involves the conversion of an existing structure from one use to another where only minor modifications are made to the structure and therefore, will have no permanent effects on the environment; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.65.040 of the Zoning Code to justify approval of said Village Use Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the proposed use is an allowed use within the designated Village Commercial area. 2. Consistency with the Zoning Code: The proposed project is consistent with the Zoning Code in that the proposed use is a permitted use in the Village Commercial District with approval of a Village Use Permit by the Planning Commission. 3. Compliance with CEQA: The proposed use is Categorically Exempt from environmental review pursuant to provisions of Section 15303 (Class 3) of the California Environmental Quality Act (CEQA), in that the use involves the conversion of an existing structure from one use to another where only minor modifications are made to the structure and therefore, will have no permanent effects on the environment. Planning Commission Resolution 2003- Village Use Permit 2003-017 - Alan Susan O'Neil Adopted: July 29, 2003 4. Surrounding Uses: Approval of the Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that the structure is existing and office uses are allowed in the area. Other office uses also exist in the vicinity. 5. Architectural Design: The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development in that the existing structure appears similar in nature to other structures in the immediate area and is in keeping with the character of the neighborhood. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Village Use Permit; 2. That it does hereby approve Village Use Permit 2002-017 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 29 day of July, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California P:\Niartin\VUP 03-017\PC Reso VUP 03-017.wpd Planning Commission Resolution 2003- Village Use Permit 2003-017 — Alan Susan O'Neil Adopted: July 29, 2003 ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California P:\Martin\VUP 03-017\PC Reso VUP 03-017.wpd PLANNING COMMISSION RESOLUTION 2003- VILLAGE USE PERMIT 2003-017 — ALAN & SUSAN O'NEIL CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 29, 2003 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Village Use Permit 2003-017, unless otherwise amended by the following conditions. 2. This Village Use Permit allows the addition of approximately 688 square feet to an existing residential structure and converting the structure into office space for a telecommunications company. The applicant shall comply with all building code requirements for the modifications to the structure, including Americans with Disabilities (ADA) requirements. 3. All storage on the premises shall be fully enclosed. Any outdoor storage that is not fully enclosed shall be a violation of the Zoning Code and grounds for Code enforcement action. There shall be no vehicles, trailers or equipment stored in the public right-of-way or in an area visible from a public street at any time. 4. The applicant shall comply with the City's dark sky ordinance. The existing two light fixtures in the front and rear of the structure shall be lowered to, or below, the fascia and shielded, or replaced with complying fixtures so that light is projected downward and not onto adjacent properties or the street. 5. The existing landscaping on the site shall be maintained in an orderly manner at all times. Additional landscaping (drought tolerant) shall be planted along the front and east side of the structure to enhance the visual appearance of the site. 6. The exterior materials and colors of the enclosures/additions shall match the existing materials and colors of the structure. 7. The mechanical equipment on the rooftop shall be screened from public view per Section 9.100.050 of the Zoning Code, and to the satisfaction of the Community Development Department. 8. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, or litigation arising out of the City's approval of this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 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Z`° 3 `° U. C� a� Z L- 'zo I� lot, m.W I. AVM*I-IVH AMN t9 Q Z zn Z z O / .- j =- - L—. '� IL w n- i _ILlu i....W.. I(m •i ..0 '.Zl .0 1CL -0 II II K n n . . . . t mm«,mm•mo•mm.,,v...,. mb«�mmmm J a mmammaaammam sm O m 9. 3 .M p•^sssageaaes�cezn: Ir b b 6. b L b bb.,Mub Umame•., .,ma..,�. ffi p� I __ _____ MMla3tLL053M15YiM WS9 y Q lam 13N,ONVSnSONVNVIV �JNIiooU aNV :iOOU • F .'(l((�Vii i'i'i ti�ci� - ti1j5 i A ya�yI 5 a 91 aH x� 0 .0 e u� ;mho C g � °P wF o a & sw �Q `c b°axa�n G� d` 9UHa 7I sa ;"sum �'�IU��_ Zz�,i�. ;rwm°F,�° �WWgyawm �i gr 6, 0s NNs> g : ZAgIxM$i=0a ��o Big. ti� ELVA3-013 777m \ — — J � � —I Ala — PH #C STAFF REPORT PLANNING COMMISSION DATE: JULY 29, 2003 CASE NO: VILLAGE USE PERMIT 2003-017 APPLICANT/ PROPERTY OWNER: ALAN & SUSAN O'NEIL REQUEST: CONSIDERATION OF A REQUEST TO ADD APPROXIMATELY 688 SQUARE FEET TO AN EXISITNG RESIDENTIAL STRUCTURE AND CONVERT THE STRUCTURE TO COMMERCIAL OFFICE SPACE FOR A TELECOMMUNICATIONS COMPANY. LOCATION: 51-455 DESERT CLUB DRIVE ENGINEER: NOT APPLICABLE ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THE USE INVOLVES THE CONVERSION OF AN EXISTING STRUCTURE FROM ONE USE TO ANOTHER WHERE ONLY MINOR MODIFICATIONS ARE MADE TO THE STRUCTURE AND THEREFORE, WILL HAVE NO PERMANENT EFFECTS ON THE ENVIRONMENT. GENERAL PLAN/ ZONING DESIGNATIONS: VILLAGE COMMERCIAL (VC)/VILLAGE COMMERCIAL (VC) PC STFRPT VUP 03-017.wpd BACKGROUND: The site is approximately 0.24 acres in size and is located at the southwest corner of Desert Club Drive and Calle Cadiz (Attachment #1). The site consists of a single-family home within the Village Commercial Zoning District. Depending on the intensity of the use, the Village Commercial Zoning District allows residential and commercial uses. There are other commercial uses mixed within residential uses in the area between Avenida Bermudas, Desert Club Drive, Avenue 52 and Calle La Fonda. The site was used as an office for a property management firm for approximately eight years. The business moved out and the site remained vacant for approximately six months. The applicant has recently purchased the property and is currently using it as office space. Under Section 9.65.040.D. of the Zoning Code, additions and exterior building and site modifications require approval of a Village Use Permit by the Planning Commission. PROJECT PROPOSAL: The applicant is requesting approval of a Village Use Permit to add approximately 688 square feet to an existing structure and convert the structure into office space for a telecommunications company. The company installs low voltage cable for phones, televisions and internet services for residential and commercial buildings. All of the materials used for installation are delivered to the work site. The proposed Village Use Permit would allow an office use on the site for administrative purposes. A portion of the existing carport at the rear of the structure will be enclosed to provide two office spaces. The remaining portion of the carport will remain. The existing covered patio at the southwest corner of the structure will be enclosed and converted to a copy room. Also, the existing carport at the west end of the structure will be enclosed to provide an office storage area. Minor modifications are proposed to the interior of the structure to provide access to the new offices and the copy room. Should the Planning Commission approve this use, the applicant will have to comply with all Building Code requirements for the modifications to the structure, including Americans with Disabilities (ADA) requirements. PC STFRPT VUP 03-017.wpd Parking: Under Section 9.150, the proposed use is required to provide one (1) space for every two -hundred and fifty (250) square feet of office space. Based on 2,053 square feet, including the additional square footage, the required parking results in eight (8) spaces with one being a handicap space. The property has on -site parking that served the original residential use. However, it is not enough to meet the required parking. Staff recommends that the parking be limited to what is currently on -site. If additional parking is needed, then street parking may be used. Other businesses in the immediate area use street parking as well. Landscaping: The landscaping requirements include shade trees in the parking lot, drought tolerant plants and an automatic irrigation system. Currently, no additional landscaping is proposed for the use other than what is existing on the site, which includes four trees, lawn and rose bushes. Staff recommends that the existing landscaping be maintained in an orderly manner and that at a minimum, some additional landscaping (drought tolerant plants) be planted along the front and east side of the structure to enhance the visual appearance of the site. Lighting: Parking lot lighting is also required for safety and security purposes. Parking lot lighting is required to be shielded downward to avoid light glare onto adjacent properties and vehicular traffic. No parking lot lighting is proposed for the use. There are two existing lighting fixtures, one on the north and another on the south side of the structure. While these lights are provided for safety purposes, they are bright and produce glare during evening hours which projects onto adjacent properties and the street. Staff recommends adding a condition to this permit to have the lighting fixtures lowered to the roof's eave and shielded downward, or replaced with complying fixtures so as to reduce glare onto adjacent properties and the street. This would be in keeping with the City's Dark Sky Ordinance. PC STFRPT VUP 03-017.wpd UJ Trash Enclosure: The use currently has a metal trash bin, but no enclosure located at the western end of the structure. Since this area is going to be enclosed and used for storage the trash bin will have to be relocated. Depending on how the parking lot is designed, the trash enclosure will be included to address this issue. If the Planning Commission supports staff's recommendation to not require the parking lot, then staff also recommends that no trash enclosure be required. The use currently has a metal trash bin, but no enclosure. Since the use is for administrative purposes only, the business generates a small amount of solid waste. Therefore, staff recommends that normal size trash containers, similar to those in residential areas, be used and that the trash bin be removed from the site. Mechanical Equipment: The structure currently has roof mounted mechanical equipment but it is not screened. Section 9.100.050 of the Zoning Code states that any roof mounted mechanical equipment shall be screened. Staff recommends that a condition be added to this permit to require any existing and new roof mounted mechanical equipment be screened from public view. The applicant has stated that the requirements of the parking lot improvements, additional landscaping, lighting, trash enclosure, and mechanical screening would make it infeasible for them because of the costs involved for their small business. The applicant has stated that the business is mainly handled through phone calls and has four to five people working in the office at any one time so parking on the site and on the street should suffice. Also, the applicant states that the structure should be more in keeping with the character of the immediate neighborhood in the event that it is converted back to a residential use. Should the Planning Commission require the applicant to provide the above mentioned improvements, the applicant will be required to submit all applicable fees and detailed drawings for such improvements meeting all City standards. Public Notice This project was advertised in the Desert Sun newspaper on July 18, 2003, and mailed to all property owners within 500-feet of the site. To date, no letters have been received. Any written comments received will be handed out at the meeting. PC STFRPT VUP 03-017.wpd STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.65.040.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2003-_, approving Village Use Permit 2003-017, subject to findings and the attached Conditions of Approval. Prepared by: Martin Magana Associate Planner Attachments: 1. Site Location Map 2. Plan Set PC STFRPT VUP 03-017.wpd PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ADDITION OF APPROXIMATELY 688 SQUARE FEET TO AN EXISTING RESIDENTIAL STRUCTURE AND COVERTING THE STRUCTURE TO OFFICE SPACE WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT. CASE NO.: VILLAGE USE PERMIT 2003-017 APPLICANT: ALAN & SUSAN O'NEIL WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 29 day of July, 2003 hold a duly noticed Public Hearing to consider a request by Alan & Susan O'Neil to allow the addition of approximately 688 square feet to an existing structure and convert the structure to office use at 51-455 Desert Club Drive, more particularly described as follows: APN: 770-153-003 WHEREAS, said Village Use Permit 2003-017 is Categorically Exempt from environmental review pursuant to provisions of Section 15303 (Class 3) of the California Environmental Quality Act (CEQA), in that the use involves the conversion of an existing structure from one use to another where only minor modifications are made to the structure and therefore, will have no permanent effects on the environment; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.65.040 of the Zoning Code to justify approval of said Village Use Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the proposed use is an allowed use within the designated Village Commercial area. 2. Consistency with the Zoning Code: The proposed project is consistent with the Zoning Code in that the proposed use is a permitted use in the Village Commercial District with approval of a Village Use Permit by the Planning Commission. 3. Compliance with CEQA: The proposed use is Categorically Exempt from environmental review pursuant to provisions of Section 15303 (Class 3) of the California Environmental Quality Act (CEQA), in that the use involves the conversion of an existing structure from one use to another where only minor modifications are made to the structure and therefore, will have no permanent effects on the environment. Planning Commission Resolution 2003- Village Use Permit 2003-017 - Alan Susan O'Neil Adopted: July 29, 2003 4. Surrounding Uses: Approval of the Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that the structure is existing and office uses are allowed in the area. Other office uses also exist in the vicinity. 5. Architectural Design: The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development in that the existing structure appears similar in nature to other structures in the immediate area and is in keeping with the character of the neighborhood. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Village Use Permit; 2. That it does hereby approve Village Use Permit 2002-017 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 29 day of July, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California P:\Martin\VUP 03-017\PC Reso VUP 03-017.wpd Planning Commission Resolution 2003- Village Use Permit 2003-017 — AVan Susan O'Neil Adopted: July 29, 2003 ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California 1 C P:\Martin\VUP 03-017\PC Reso VUP 03-017.wpd ° t PLANNING COMMISSION RESOLUTION 2003- VILLAGE USE PERMIT 2003-017 — ALAN & SUSAN O'NEIL CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 29, 2003 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Village Use Permit 2003-017, unless otherwise amended by the following conditions. 2. This Village Use Permit allows the addition of approximately 688 square feet to an existing residential structure and converting the structure into office space for a telecommunications company. The applicant shall comply with all building code requirements for the modifications to the structure, including Americans with Disabilities (ADA) requirements. 3. All storage on the premises shall be fully enclosed. Any outdoor storage that is not fully enclosed shall be a violation of the Zoning Code and grounds for Code enforcement action. There shall be no vehicles, trailers or equipment stored in the public right-of-way or in an area visible from a public street at any time. 4. The applicant shall comply with the City's dark sky ordinance. The existing two light fixtures in the front and rear of the structure shall be lowered to, or below, the fascia and shielded, or replaced with complying fixtures so that light is projected downward and not onto adjacent properties or the street. 5. The existing landscaping on the site shall be maintained in an orderly manner at all times. Additional landscaping (drought tolerant) shall be planted along the front and east side of the structure to enhance the visual appearance of the site. 6. The exterior materials and colors of the enclosures/additions shall match the existing materials and colors of the structure. 7. The mechanical equipment on the rooftop shall be screened from public view per Section 9.100.050 of the Zoning Code, and to the satisfaction of the Community Development Department. 8. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, or litigation arising out of the City's approval of this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 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W •: ': BOL 316�A1M3d01ld': ': ,: ,';: ,: ,: ,: •:,.;:,:,: ,:,•.•.: 3aaa sma ia3s3a �1 I . l Re i J% Itil H g g T H, a lk Ile, q'i e d ii, boa >�' �� I 4 6 $ 1 w IN MIR III IIMP C> aIfit 3 -- --j 04 It Mv, n �e" < s I g 0 c JgN�Cj OwisnS CINV NVlVlm ..L LE O-d Ui53C, NV]d HOO-Ij .AW lmma* �T 97 I I 1 11 ll. 1 z YI -- AIM' NMOHB MMl1H9tl31l10813flJ9 -- . NtlHLn]HLO S]tlf18V"T�Wnn 3N.0 NtlSf1S dNV NVIV o ONIWtRi� I�Q GNV BOOM +zfb t I I 0 � low ills LL i qp if j " j m sYJ_83NPH, od N h<" "� Nw g AI; z-{ jy-'qjj,; 1 T �@��3�vs@ M \ f� b ---------------------� amuaaaaa PH #D PLANNING COMMISSION STAFF REPORT DATE: JULY 29, 2003 CASE NO.: VILLAGE USE PERMIT 2003-016 APPLICANT: FRANK GLYNN FOR RAEL DEVELOPMENT CORPORATION REQUEST: A REQUEST TO CONSTRUCT A TWO STORY, SIX UNIT APARTMENT BUILDING. LOCATION: EAST SIDE OF AVENIDA MARTINEZ, SOUTH OF CALLE TAMPICO; APN 773-073-005 ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT PER SECTION 15332 OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). GENERAL PLAN LAND USE DESIGNATION: VILLAGE COMMERCIAL ZONING: VILLAGE COMMERCIAL SURROUNDING ZONING AND LAND USES: NORTH: VILLAGE COMMERCIAL, MULTI -FAMILY UNITS SOUTH: VILLAGE COMMERCIAL, VACANT EAST: VILLAGE COMMERCIAL, MULTI -FAMILY UNITS WEST: VILLAGE COMMERCIAL, MULTI -FAMILY UNITS BACKGROUND: Site Background The site is 10,000 square feet in size, vacant, with access from Avenida Martinez and is surrounded by multi -family residential units to the north, east and west. Vacant land is located south of the site. All surrounding properties are located within the Village Commercial zoning district. The Redevelopment Agency has an Affordable Housing Rehabilitation Agreement with the owner to provide 14 affordable units; six units will be provided with this project, the balance are across the street. pAoscar\frank glenn apts\ pc rpt Project Request The applicant requests approval of a Village Use Permit to construct an approximately 7,700 square foot two story (25' feet high) apartment building with 11 parking spaces. Six units are proposed, with one to three bedrooms (Attachment 1). The building features a Spanish architectural style with an arcade, balconies, shutters and a center stairway access. Building materials include tile roof, light colored stucco and stone veneer accents. The project is consistent with the architectural elements found within the surrounding neighborhood and complies with the development standards for the Village Commercial zoning district. Architecture and Landscape Review Committee's Review (ALRC) The ALRC reviewed the request at its July 2, 2003 meeting (Attachment 2) and adopted Minute Motion 2003-028 recommending approval of the project with the condition that the applicant screen the balconies by replacing the wrought iron with a solid wall. Public Notice This application was advertised in the Desert Sun newspaper July 18, 2003. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. Statement of Mandatory Findings: The findings necessary to approve the Village Use Permit can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2003-_, approving Village Use Permit 2003- 016, subject to the findings and conditions. pAoscar\frank glenn apts\ pc rpt Prepared and Submitted by: L Oscar W. Orci, Planning Manager Attachments: 1. Plan exhibits (Commission only) 2. ALRC Minute excerpts of July 2, 2003 pAoscar\frank glenn apts\ pc rpt PLANNING COMMISSSON RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VILLAGE USE PERMIT FOR THE CONSTRUCTION OF A 7,714 SQUARE FOOT TWO STORY, SIX UNIT APARTMENT BUILDING ON THE EAST SIDE OF AVENIDA MARTINEZ, SOUTH OF CALLE TAMPICO. CASE NO. VILLAGE USE PERMIT 2003-016 APPLICANT: RAEL DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 29th day of July, 2003, hold a duly noticed public hearing to review a Village Use Permit to allow the construction of a two-story, six unit apartment building, totaling 7,714 square feet on the east side of Avenida Martinez, south of Calle Tampico, more particularly described as: APN: 773-007-075-005 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 approving said Village Use Permit: 1. The proposed Village Use Permit is consistent with the General Plan goals, policies, and programs relating to the Village Commercial land use designation, and supports a mix of residential and commercial uses within the Village. 2. The proposed Village Use Permit is consistent with the Zoning Ordinance, and implements the Village standards for development, as conditioned. 3. This project is exempt from CEQA per Section 15332 of the Guidelines for Implementing the California Environmental Quality Act (CEQA). 4. The proposed Village Use Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conforms to the City's standards and requirements, as conditioned. 5. The proposed Village Use Permit complies with the architectural design guidelines of the Village at La Quinta Design Guidelines, and implements the high quality standards called for in that document. PAOscar\Frank Glynn apts\pc reso.doc Planning Commission Resolution 2003- Site Development Permit 2003-016 — Rael Development Adopted: July 29, 2003 Page 2 6. The site design of the proposed Village Use Permit is compatible with surrounding development, as conditioned. 7. The proposed Village Use Permit is consistent with the landscaping standards and palette in the Village at La Quinta Design Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby approve Village Use Permit 2003-016, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That it does hereby confirm that this Village Use Permit amendment is exempt from the California Environmental Quality Act under Section 15332. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 29th day of July, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PAOscar\Frank Glynn apts\pc reso.doc PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2003-016 - RAEL DEVELOPMENT ADOPTED: JULY 29, 2003 1CI*k1f:I.T_" 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • La Quinta Police Department The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. For construction activities including clearing, grading or excavation of land, which disturbs less than 5 acres, the permitee shall be governed by the provisions of U.B.C. § 3316, A. Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Village Use Permit 2003-016 — Rael Development Adopted: July 29, 2003 A. 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. B. The approved BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 4. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services, and for the maintenance, construction and reconstruction of essential improvements. 5. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas shown on the Site Development Permit. 6. Direct vehicular access to Avenida Martinez from any portion of the site with frontage along Avenida Martinez is restricted except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. 7. 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, ingress/egress, or other encroachments will occur. 8. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. P:\Oscar\Frank Glynn apts\Rael-VUPCOA.doc Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Village Use Permit 2003-016 - Rael Development Adopted: July 29, 2003 9. 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. 10. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Site Development 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. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building ; and show the existing street improvements out to at least the center lines of adjacent existing streets. 11. 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. 12. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. PAOscarTrank Glynn apts\Rael-VUPCOA.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Village Use Permit 2003-016 — Rael Development Adopted: July 29, 2003 Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. GRADING 13. 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. 14. 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, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. Approved Best Management Plan that includes storm water pollution prevention and erosion control plans prepared by a qualified engineer. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 15. 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. 16. 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 from the approved Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 17. 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. PAOscar\Frank Glynn apts\Racl-VUPCOA.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Village Use Permit 2003-016 — Rael Development Adopted: July 29, 2003 r)RA1NAC;F 18. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. UTILITIES 19. 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. 20. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 21. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 22. The applicant shall construct a 6-foot wide sidewalk along the frontage of Avenida Martinez to the project boundary and conform to City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for sidewalk and parking areas shall be stamped and signed by qualified engineers. 23. Improvements shall be designed and constructed in accordance with City adopted standards. PARKING LOTS AND ACCESS 24. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking) and the latest ADA standards and policies. PAOscarlFrank Glynn apts\Rael-VUPCOA.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Village Use Permit 2003-016 — Rael Development Adopted: July 29, 2003 QUALITY ASSURANCE 25. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 26. The applicant shall employ, or retain, qualified engineers, surveyors, and such of other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 27. 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. 28. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. FEES AND DEPOSITS 29. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). FIRE MARSHALL 30. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along vehicular travel ways. 31. 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. 32. The water mains shall be capable of providing a potential fire flow of 1500 gpm gpm and the actual fire flow from any two adjacent hydrants shall be 1500 gpm for a 2-hour duration at 20-psi residual operating pressure. P:\Oscaffrank Glynn apts\Rael-VUPCOA.doc Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Village Use Permit 2003-016 - Rae] Development Adopted: July 29, 2003 33. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 34. Water plans for the fire protection system (fire hydrants, FDC, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 35. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 36. Fire Department street access shall come to within 150 feet of all portions of the 1 st floor of all buildings, by path of exterior travel. 37. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. 38. Install portable fire extinguishers as required by the California Fire Code. BUILDING AND SAFETY 39. Units must be a minimum of 5' from the north property line, with a 30 inch minimum distance from the eave to the property line. 40. Fire Sprinklers are required as well as a second stairway access. 41. Supports for carport must be three feet from the property line. Eaves must be 24 inches from the property line and have a one -hour fire rating. 42. First floor units must be "adaptable " per the California Building Code Section IIA. MISCELLANEOUS 43. The wrought iron railing on the balconies shall be replaced with a solid, stucco - colored wall, pursuant to the appropriate Building Code requirements. P:\Oscar\Frank Glynn apts\Rael-VUPCOA.doc ATTACHMENT #2 Architecture and Landscaping Review Committee July 2, 2003 B. Site Development Permit 2003-777; a request of St. Francis of Assisi Catholic Church for review of a conversion of a 3,192 square foot house to a Youth Center located at 46-895 Highway Palms. 1. Planning Manager Oscar Orci presented t� information contained in the staff report, a copy of whicy' is on file in the Community Development Department. Staff introduced Father Jack Barker, representing the Church, who' gave a presentation on the project and introduced Brian D vfin contractor, and Joe Barick, Pastoral Associate. 2. Committee Member Bobbitt clari fi'ed which elevation would be facing the street. r` f° 3. Committee Member Thorns' " asked if the transition from the Church parking lot to thp'rhouse was adequate with just a few steps. Father Barker explained the parking lot slopes to the property line and then there is a three foot slope and then a ramp for handicap access. There is a retaining wall on the east side. The handicapped access is on the west side of the house. Committee Member Thorns asked about the elevation changes between the patio area and Highland Palms Drive. Mr. Devlin explained thef retaining wall was approximately 30 inches above the street. There are no steps. 4. Committee Member Bobbitt stated it was an excellent presentation and should be a welcome addition to the neighborhood. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-027 approving Site Development Permit 2003-777, as recommended by staff. Unanimously approved. C. Village Use Permit 2003-016; a request of Frank Glynn for review of architectural and landscaping plans for a two story, six unit apartment building located o the east side of Avenida Martinez, south of Calle Tampico. 1. 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 introduced Mr. G:\WPDOCS\ARLC\7-2-03 WD.doc - 3 - Architecture and Landscaping Review Committee July 2, 2003 Frank Glynn, architect for the project, who gave a presentation on the project. 2. Committee Member Thoms asked Mr. Glynn to explain the stairway entrance. Mr. Glynn explained you entered behind the colonnade. Committee Member Thoms asked about the iron railings for the upstairs units and where the patios were located for the downstairs units. Mr. Glynn explained the balconies are above on the opposite side of where the patios are located. Committee Member Thoms expressed his concern that the balconies would become storage areas for the tenants and he would like to see the balconies have a wall three feet high and then the railing. Mr. Rael, developer, stated they have strict rules governing how the tenants will maintain their units and this will not be an issue. 3. Committee Member Thoms stated the lawn area should be researched to see what the area could better be used for by the tenants. Something that could enhance the area. 4. Committee Member Bobbitt noted the jasmine appears to be planted on the lawn area on the plans. He would replace the star jasmine with a different plant such as a "Little John" or "Mexican Heather". Also, the Dacaliferia palms should be young and healthy. He would recommend using the Washatonia variety instead. Committee Members noted the design changes and complimented the applicant on his project. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-028 approving Village Use Permit 2003- 028, as amended: Condition added: The balconies shall have a three foot wall to enclose the balcony with a six inch railing. Condition added: The planter beds shall be delineated. Condition added: Replace the Star Jasmine and date palms with appropriate material Unanimously approved. G:\WPDOCS\ARLC\7-2-03 WD.doc - 4 - PH #E STAFF REPORT PLANNING COMMISSION DATE: JULY 29, 2003 CASE NO: TENTATIVE TRACT 30092 — EXTENSION #1 APPLICANT: TAHIR MAJID PROPERTY OWNER: MAJID FAMILY LIMITED PARTNERSHIP REQUEST: A ONE YEAR TIME EXTENSION TO FILE A FINAL MAP FOR A SUBDIVISION OF ±37 ACRES INTO 97 SINGLE FAMILY LOTS LOCATION: NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET (ATTACHMENT 1) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT, AS AN EXTENSION OF TIME FOR AN EXISTING APPROVED MAP, NONE OF THE CIRCUMSTANCES SET FORTH IN PUBLIC RESOURCES CODE 21166 HAVE BEEN SHOWN TO EXIST AND, ACCORDINGLY, NO FURTHER ENVIRONMENTAL REVIEW IS WARRANTED. GENERAL PLAN DESIGNATION: LDR (LOW DENSITY RESIDENTIAL — UP TO 4 UNITS PER ACRE) ZONING: RL (LOW DENSITY RESIDENTIAL) BACKGROUND: Site Background Tentative Tract 30092 was originally approved on July 3, 2001, incorporating 97 single-family lots within ±37 gross acres (Attachment 2). Subsequently, an amendment to the map was filed, requesting an increase in the number of lots to 130. This amendment was denied by the City Council on April 16, 2002. The original tract approval for 97 lots has remained in effect, with an expiration date of July 3, 2003. CAW rkgrp\Casedocs\TT30092X 1 \perptTT30092X1.doc Project Background The applicant is requesting a one-year extension of time in which to record the final map(s) for this project. This would be the first extension request; under the State Subdivision Map Act (SMA), a total of three such one year extensions are permitted. The applicant has proposed no changes to the original map. The lot sizes range from approximately 11,500 to 14,000 square feet. The project will have private streets, designed with cul-de-sac streets emanating from a grid pattern. A private 1.25 acre recreation lot has been provided in the southeasterly portion of the map. Public Notice This case was advertised in the Desert Sun newspaper on July 19, 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 prior to the meeting will be transmitted to the Planning Commission. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file at the Community Development Department, and have been incorporated into the attached Conditions of Approval, where necessary and appropriate. STATEMENT OF ISSUES Subsequent to approval of this tentative map in July 2001, the City adopted the updated La Quinta General Plan on March 20, 2002. Staff has reviewed the approved conditions with the current Generai Plan, and has incorporated changes related to the revised roadway designation for Avenue 58, from a Primary to a Secondary Arterial. With these revisions, the map is consistent with the 2002 La Quinta General Plan update. 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 recommending approval of a time extension for TT 30092, subject to conditions as recommended by staff. Prepared by: Wallace Nesbit, Associate Planner Attachments: 1. Location Map 2. Approved TT 30092 PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 30092 TENTATIVE TRACT MAP 30092 MAJID FAMILY PARTNERSHIP / TAHIR MAJID WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 29th day of July, 2003, consider a request by Tahir Majid, on behalf of Majid Family Partnership, for a one-year time extension on Tentative Tract 30092, a subdivision of 37 gross acres into 97 single-family lots, located at the northwest corner of Avenue 58 and Monroe Street, more particularly described as: A PORTION OF THE SW A OF THE SW t/a OF SECTION 22, T6S, R7E - S.B.B.M. WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of July, 2001, adopt Resolution 2001-92, approving Tentative Tract 30092, subject to conditions; and, WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2002-91. As an extension of time for an existing approved map, none of the circumstances set forth in Public Resources Code 21166 have been shown to exist and, accordingly, no further environmental review is warranted; and, WHEREAS, at said Planning Commission Public Hearing, held July 29, 2003, 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 a recommendation for approval of a one-year time extension for said Tentative Tract 30092: 1. The approved Tentative Tract 30092 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 Low density Residential and other current City standards when considering the conditions to be imposed. Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 July 29, 2003 2. The design and proposed improvements of the approved Tentative Tract 30092 is consistent with the General Plan, in that development and improvement of the lots will comply with the applicable development standards for setbacks, height limitations, density, grading, streets, and access. 3. The approved Tentative Tract 30092 is consistent with the La Quinta Zoning Code, as the project contemplates land use that is substantially equivalent to that permitted under existing Low Density Residential zoning, and which were previously addressed in the EIR certified for the General Plan Environmental Assessment 2001-417. Specifically, development of existing RL-zoned land is considered to implement zoning consistency with the General Plan. 4. The design of the subdivision and type of improvements are not likely to cause environmental damage, serious public health problems, or substantially and unavoidably injure fish or wildlife, in that these issues were considered in Environmental Assessment 2001-417, in which no significant health or safety impacts were identified and mitigation measures were adopted. 5. The approved Tentative Tract 30092 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), in that a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001- 417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2001-91. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend approval of a one-year time extension for Tentative Tract 30092, 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 29th day of July, 2003, by the following vote, to wit: C:\Wrkgrp\Casedocs\TT30092Xl\peresoTT30092Xl.doc Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 July 29, 2003 AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California C:\Wrkgrp\Casedocs\TT30092Xl\peresoTT30092Xl.doc PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 30092, EXTENSION #'I MAJIR FAMILY PARTNERSHIP / TAHIR MAJID JULY 29, 2003 GENERAL EXHIBIT "A" REVISIONS IN BOLD FONT Tentative Tract Map No. 30092 shall comply with the requirements and standards of § §66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 2. This Map extension approval shall expire and become null and void on July 3, 2004, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. 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 TT 30092 and certification of EA No. 2001-417. 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. 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following agencies and departments: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (Letters dated 2-26-01 and 3-30-01) • Imperial Irrigation District (Letter dated 4-18-01) • California Regional Water Quality Control Board (NPDES Permit) • Verizon • Time Warner Cable • Southern California Gas Company (Letter dated 3-22-01) 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. CAWrkgip\Cascdocs\TT30092X I \coaTI'30092X I .wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditicns of Approval - Recommended July 29, 2003 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing five or more acres, or smaller projects which are part of a larger project disturbing five or more acres require a project -specific NPDES permit.The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for 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. 6. 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. 7. Right of way dedications required of this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial)- 44-foot half of 88-foot right of way. 2) Monroe Street (Primary Arterial, Option A) - 55-foot half of 1 10- foot right of way. B. PRIVATE STREETS 11 Main Entry: As required for final configuration of the private gated entry as approved by the City Engineer. 2) Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. C:\Wrkgrp\Casedocs\1" I'30092X I \coa rl'30092X I .wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 C. CULS DE SAC - Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger. 8. Right of way geometry for knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 11. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Avenue 58 (Secondary Arterial) - 32-foot B. Monroe Street (Primary Arterial) - 20-foot The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks, multi -use trails) are placed on privately - owned setbacks, the applicant shall dedicate blanket easements for those purposes. 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. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. C:\Wrkgtp\Casedocs\TT30092X 1 \coa I'T30092X 1.wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 15. 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. 16. 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 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAMS1 18. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. C:\Wrkgrp\Casedocs\TT30092X I \coa'I"I'30092X I .wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #' Conditions of Approval - Recommended July 29, 2003 "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 20. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 21. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. GRACING 22. Prior to issuance of a grading permit, the applicant shall furnish written acknowledgment from CWQCB of receipt of applicants Notice of Intent (N01). 23. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 24. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240.F, except where otherwise modified by this condition. The maximum slope shall not exceed 3: "1 anywhere in the landscaped setback area, except for the C:\Wrkgrp\Casedocs\TT30092X 1 \coa I'T30092X 1. Nvpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 backslope (i.e. the slope at the back of the landscape lot), which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) feet, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one -and -one-half inches (1.5") within the first eighteen inches (18") behind the curb. 25. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 26. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 28. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. IMPROVEMENT AGREEMENT 29. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may C:\Wrkgrp\CasedOcs\TT'30092X I \cod I I'30092X I .wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 30. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 31. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 32. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. C:\Wrkgrp\CasedocsVI "I'30092X 1 \coa I"I'�0092X l .wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 33. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. DRAINAGE 34. Applicant shall prepare a Storm Water Pollution Prevention Plan as required by the State NPDES General Construction Permit. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 36. Stormwater shall normally be retained in common retention basins. Individual - lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 37. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 40. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be five feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape areal and infiltrate 5 gpd/1,000 sq. ft. C:\Wrkgrp\Cascdocs\,i" r30092X 1 \coa I'T'30092X l .xvpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension # 1 Conditions of Approval - Recommended July 29, 2003 42. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 43. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for meeting these potential obligations. 44. The tract shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 45. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all aboveground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 46. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground, unless otherwise allowed by General Plan Amendment 2000-073. Power lines exceeding 34.5 Kv are exempt from this requirement. 47. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City C:\Wrkgrp\Casedocs\TT30092X 1 \coaT'I'30092X I . wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension V Conditions of Approval - Recommended July 29, 2003 Engineer. STREET AND TRAFFIC IMPROVEMENTS 48. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial; 88 foot R/W) - Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side, as specified in the General Plan and these conditions. The north curb face shall be located thirty-two feet (32') north of the centerline, except at locations where additional street width is needed to accommodate the following: a. Bus turnouts (if required by Sunline Transit) Other required improvements in the Avenue 58 right of way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. b. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the perimeter wall, at intervals not to exceed 250 feet. C. A Multi -Use Trail - The applicant shall construct a meandering multi -use trail along the Avenue 58 frontage within the back 20-foot portion of the required 32-foot wide combined setback/parkway. The location and design C:\Wrkgrp\Casedocs\TT30092X I \coaT'I'30092X I .wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditicns of Approval - Recommended July 29, 2003 of the trail shall be approved by the City. A split rail fence shall be constructed to separate the multi -use trail from the pedestrian sidewalk and perimeter wall in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. The multi -use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. d. Half Width of a 12-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map, unless otherwise determined by the City Engineer. 2) Monroe Street (Primary Arterial Option A; 110' R/W) - Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side, as specified in the General Plan and these conditions. The west curb face shall be located forty-three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate the following: a. Bus turnouts (if required by Sunline Transit) Other required improvements in the Monroe Street right of way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. b. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the C:\Wrkgrp\Casedocs\TT30092X I \coal"I'30092X I .wpd Plannino Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 perimeter wall, at intervals not to exceed 250 feet. C. Half Width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map, unless otherwise determined by the City Engineer. 3) Developer shall enter into a secured agreement for the deferred installation of a traffic signal at the main entrance off Avenue 58 at such time that signal warrants are met. Developer shall pay its fair share based on an "after the fact" traffic study. Developer may assign secured agreement to the HOA. Signalized intersection costs to be divided based on percentages of use to the participating developments. B. PRIVATE STREETS Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. C. CULS DE SAC Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 50. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 51. Improvements shall be designed and constructed in accordance with the C:\Wrkgtp\CasedoesVI"T30092X I \cod I,,r30092X I .«pd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 52. Knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 53. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 54. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 55. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. The applicant shall sample native soils along the approximate alignment of the sidewalk subgrade for all frontages of the Avenue 58 and Monroe Street Tentative Tract boundaries for soluble sulfate ion concentrate. The concrete mix design shall conform to the requirements of Table 19 A-4. Sampling shall be one per 1,000 linear feet of sidewalk, or as determined by the City Engineer. C •\Wrkgrp\Casedocs\TT30092X 1 \coaTT30092X 1. vvpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 56. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 57. General access points and turning movements of traffic are limited to the following: A. Avenue 58 (Secondary Arterial) - No turning restriction. B. Emergency Access on Monroe Street - No public access allowed; left turns are restricted. LANDSCAPING 58. Landscape and irrigation plans for landscaped lots, landscape setback areas and medians shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until they have been approved and signed by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. 59. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 61. Landscape areas shall have permanent irrigation improvements meeting the C:\Wrkgrp\Casedocs\TT30092XI\codFT30092XI.Nvpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 62. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. PUBLIC SERVICES 63. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 64. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 65. 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. 66. 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. 67. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 68. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks (except for multi -use trails). The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. C:\Wrkgrp\Casedocs\TT30092X 1 \coaT,r30092X 1.wpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 FEES AND DEPOSITS 69. 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. 70. Prior to approval of a final map or 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. 71. The developer shall pay school mitigation fees to the Coachella Valley Unified School District based on their requirements. Fees shall be paid prior to building permit issuance by the City. 72. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. FIRE DEPARTMENT 73. Approved standard fire hydrants, located at each street intersection and spaced not more than 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. 74. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 75. Gates entrances shall be at least two feet wider than the width of the travel lanes. Any gate providing access from a road to a driveway shall be located at least 35' setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where one way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 76. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. C:\Wrkgrp\Casedocs\TT30092X l \coaTT'30092X 1.Nvpd Planning Commission Resolution 2003- Tentative Tract 30092, Extension #1 Conditions of Approval - Recommended July 29, 2003 77. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 78. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 79. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 80. The Covenants, Conditions and Restrictions for the Tract shall be approved by the City Attorney prior to approval of the final map by the City Council. 81. Privacy walls fronting onto Avenue 58 and Monroe Street shall either meander (i.e.,minimum 5`-0" undulation) or include minimum three foot offsets every second lot. Perimeter tract improvements (conceptual plans) shall be approved by the Planning Commission, including landscaping and decorative screen walls. 82. Bureau of Reclamation easements that traverse the project site shall be disclosed on the final map. 83. No permanent improvements may be constructed within the 50-foot easement area of the Avenue 58 agricultural drain or the 10-foot easement area of lateral 123.45-0.75 without the written consent of the Coachella Valley Water District. 84. Revise the Tract Map exhibit map to reflect the Geotechnical Investigation Report regarding liquefaction. C:\Wrkgrp\Casedocs\TT30092X I \coa'FT30092X I .tvpd ATTACHMENT 1 ��.INDiO NTS . COACHELLA 00 AIRPORT BLVD. X 58th AVE. ej PRO%ECT LOCATION MAP TT30092 - EXTENSION #1 NICIER ENGlNEE1tN6,-INC. orarwr. r, e.m r1�...1 rrr,ra r®mame- o us.lr.awv �' wr•� rrera m m '� rr..- Oe arm rm y,7lNolA .A /a OO 70400 it 11W AM& 2W Attachmentl APPROVED TT 30092 ,1 1 4• Inel I 1J.f0 r 100.00 i00.00 r00W 1 tW m ImW t06m 7m:' m r� � R,-,,,.-, 88 87 86 85 84 83 • �' 82 81 - .... 80 79 p� ' naO.aJ.' i �• Mp..J.: 1IJr ^.0 .a. a .aG.4 s r+�.a;» W+.ors iA r ar.J frO....G .aO.q.r fe,.aAS )ww' rOO.00' 100.00' rim' IEG,O' laur rmJi rmOC• rm�' r� or t i 89 — — lrO.aJl `` �A.n' Im.N' IOS.L1' rC'D,.JT17 ?QAr rmm' imm' p..1 r1.m - 69 a 70 72 e 74 75 76 77 ulrwwu no..tJ ..o..z. o- =ww.u- AID.H.o 1rA.q.1 ma"to _..ZB freer a IUL" I t ( r«x' rm.ro' Imm ;1 nSPMUT ,.or �'68 J ' - 8 e a I ..).r 67 Irp..1.7 66 65 .AO.. J ..,..a. 6 .w. 63 ; .e.. �6T Aw ja 1 . 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JrP.J7J Imm' e1w1' f•O..7LA MO.SLJ � O 2 1 1 1 1 ♦n Im crrr rX 1 c,a,In' a is Rsmf a Cneeerof -„� nos WAir, (6upv.Rf• •� 11 q oua � ONPROBE A �•_ L .. j AG nwf.\ 1 I 1 I: oaooer . 0 r M N ■ it STAFF REPORT PLANNING COMMISSION DATE: JULY 29, 2003 CASE NO: TENTATIVE TRACT 31349 REQUEST: SUBDIVISION OF ±69 ACRES IN TRACT 30357 (MOUNTAIN VIEW COUNTRY CLUB), INTO 198 SINGLE-FAMILY LOTS LOCATION: NORTH SIDE OF AVENUE 52, EAST OF JEFFERSON STREET, WITHIN MOUNTAIN VIEW COUNTRY CLUB (ATTACHMENT 1) APPLICANT/ PROPERTY OWNER: TOLL BROTHERS, INC. ENGINEER: MDS CONSULTING ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT MAP 31349 IS WITHIN SPECIFIC PLAN 90- 016 (MOUNTAIN VIEW COUNTRY CLUB). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER PUBLIC RESOURCES CODE SECTION 65457(a). AN ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE # 90020728) WAS CERTIFIED BY THE CITY COUNCIL FOR SPECIFIC PLAN 90-016 ON DECEMBER 3, 1991 (RESOLUTION 91-103). NO CHANGED CIRCUMSTANCES OR CONDITIONS EXIST WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR), UP TO 4 UNITS PER ACRE ZONING: LOW DENSITY RESIDENTIAL (RL) BACKGROUND: The La Quinta City Council approved Specific Plan 90-016 for Landmark Land Company on December 3, 1991. The original approval allowed up to 1,208 dwelling units and 21 acres of commercial land use. This approval was P:\Wally\Casedocs\Current\TT31349\PC Rpt.rtf subsequently amended by Toll Brothers, Inc, via approval of Amendment #1 to SP 90-016 as Mountain View Country Club. Proposed Tentative Tract Map 31349 is a subdivision of four remaining residential parcels within Tract 30357, which subdivided the entire Mountain View Country Club Specific Plan area, and incorporates 178 residential lots. The Mountain View Country Club Specific Plan approval allows for a total residential unit count of up to 550; should this map be approved, there will be a total of 376 single family detached units mapped within the Specific Plan area. The only remaining residential development will be on Lot 186 (not a part of this map), which will house 60 casita/villa units, so the actual total number of units currently proposed for the Specific Plan is 433. There are 84 residential unit permits issued within the Specific Plan area, as of July 1, 2003. Project Description Tentative Tract Map 31349, as depicted in Attachment 2, proposes to subdivide four recorded residential lots (Lots 179, 181, 182, 184) within Tract 30357 into 198 residential lots and common area lettered lots A - M. The total acreage involved in this request is 68.72 acres. The proposed lots range in size from approximately 9,000 to 21,500 square feet. Minimum required lot widths are 60 feet for lots without golf course frontage and 50 feet with golf frontage. All but 23 of these lots back up to existing golf holes/lake hazards. There are several lettered lots proposed, which are provided for easements, golf cart access, and as common area landscaping. There are no community pool lots designated on the proposed tentative map, as the approved Specific Plan centralizes all community recreation amenities at the clubhouse area. Public Notice This proposal was advertised in the Desert Sun newspaper on July 19, 2003. All property owners within 500 feet were mailed a notification of the hearing, per the requirements under the Subdivision Ordinance of the La Quinta Municipal Code. As of the date this report was filed, no written comments had been received. All correspondence received prior to the meeting will be presented to the Planning Commission. Public Agency Review Staff mailed a copy of the applicant's request to responsible public agencies on June 25, 2003. All written comments received are on file with the Community Development Department. All agency comments received have been made part of the Conditions of Approval for this case, to the extent they are applicable. P:\Wally\Casedocs\Current\TT31349\PC Rpt.rtf �� STATEMENT OF ISSUES Based on the provisions of the General Plan, Zoning Code, and the Subdivision Ordinance, the following overview of the project is provided: General Plan and Specific Plan Consistency The General Plan designates the project site as Low Density Residential (up to four units per acre) which allows single family uses (e.g., attached or detached housing units). Tentative Tract 31349 proposes an overall density of 2.9 units/acre, exclusive of surrounding golf course uses, which is consistent with the Land Use Element. As proposed, development of Tentative Tract Map 31349 is consistent with the General Plan, Specific Plan 90-016 as amended, and the applicable RL Zoning District development standards. Tract Design/Improvements The design of private interior streets and the proposed residential and lettered lots are consistent with standards of the General Plan, Specific Plan 90-016 as amended, and the Subdivision Ordinance. Street and other infrastructure improvements will be installed to service the proposed subdivision. Impacts associated with development of the project shall be mitigated through adherence to the recommended conditions. Health and Safety Necessary infrastructure improvements for this project have been partially installed within Tentative Tract Map 30357 project area. These include water, sewer, streets, and other necessary improvements. The health, safety and welfare of current and future residents can be assured based on the recommended conditions, which serve to address the previous assessment of these issues in the Environmental Assessment adopted for Specific Plan 90-016, as amended. Environmental Impacts Proposed Tentative Tract Map 31349 will create 198 total residential lots over an area of approximately 68 acres. This is consistent with the overall Mountain View Country Club development, as it is approved for up to 550 units, with only about 433 total units currently proposed. Mitigation measures adopted with Environmental Assessment 2001-437, prepared for Specific Plan 90-016, Amendment 1, have been incorporated as conditions of approval where necessary. Approval of the Amendment reduced the overall potential unit count from 1,208 to 550 units. As a result, any environmental impacts identified in the original EIR are significantly reduced in scope and intensity. P:\Wally\Casedocs\Current\TT31349\PC Rpt.rtf J RECOMMENDATION: 1. Adopt Planning Commission Resolution 2003 - , concurring with the environmental determination of the Community Development Director, and recommending approval of Tentative Tract Map 31349, subject to the findings and conditions as contained therein. Attachments: 1. Location Map 2. TT 31349 - Reduction Prepared by: Wallace Nesbit, Associate Planner P:\Wally\Casedocs\Current\TT31349\PC Rpt.rtf 3 PLANNING COMMISSION RESOLUTION 2003 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 31349 CASE NO: TENTATIVE TRACT MAP 31349 TOLL BROTHERS, INC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 29'h day of July, 2003, hold a duly noticed Public Hearing to consider a request by Toll Brothers, Inc., to create 198 single-family lots on 68.72 acres, generally located north of Avenue 52 and east of Jefferson Street (within the Mountain View Country Club Specific Plan), more particularly described as follows: LOTS 179, 181, 182 AND 184 OF TRACT 30357, BOOK 324 PAGES 8-29 OF MAPS,COUNTY OF RIVERSIDE WHEREAS, said Tentative Tract Map is exempt from the California Environmental Quality Act (CEQA) per Public Resources Government Code Section 65457(a) and 15182, as an Environmental Impact Report (SCH# 83062922), prepared for Specific Plan 90-016, was certified by the City Council on December 3, 1991, and no changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to justify a recommendation for approval of said Tentative Tract Map: 1. The proposed Tentative Tract Map is consistent with the La Quinta General Plan and the Mountain View Country Club Specific Plan, in that the subdivision will result in the development of single family residences, within a gated community, and will not affect overall density provisions as established. Tentative Tract Map 31349 is consistent with current standards of the La Quinta Municipal Zoning Code, RL (Residential Low Density) Zoning District, and Mountain View Country Club Specific Plan standards. 2. The design and improvements for Tentative Tract Map 31349 are consistent with the La Quinta General Plan and Mountain View Country Club Specific Plan, in that all proposed lots meet the required dimensions. The design of the private interior streets and the proposed residential and lettered lots are consistent with those approved and existing within the Specific Plan area. P:\Wally\Casedocs\Current\TT31349\peresTT31349Am Planning Commission Resolution 2003-_ Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 3. The design of Tentative Tract Map 31349, and the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure fish or wildlife, or their habitat, in that Environmental Impact Report (SCH# 90020728) was certified on December 3, 1991, by the City Council for the PGA West Specific Plan (Specific Plan 83-002), in which Tentative Tract Map 31349 is located, and there are no changed circumstances or conditions proposed with Tentative Tract Map 31349 which would trigger the preparation of any subsequent environmental analysis. 4. The design of Tentative Tract Map 31349 and related improvements are not likely to cause serious public health problems, in that the Fire Department and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. Necessary infrastructure improvements for this project have been partially installed within Mountain View Country Club, in and around the Tentative Tract Map 31349 project area. The health, safety and welfare of current and future residents can be assured based on the recommended conditions, which serve to address the previous assessment of these issues in the Environmental Impact Report certified for Specific Plan 90-016, as amended. 5. The design of, and type of improvements for, Tentative Tract Map 31349 will not conflict with easements, acquired by the public at large, for access through, or use of, property within the subdivision, as the proposed subdivision has been reviewed for these issues with no concerns identified. The map design includes provisions for access, utility and other public easements as determined necessary during review of the proposal. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby recommend approval of the above -described Tentative Tract Map 31349, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 29th day of July, 2003, by the following vote, to wit: AYES: NOES: P:\Wally\Casedocs\Current\TT31349\peresTT31349.doc t� Planning Commission Resolution 2003-_ Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PAW ally\Casedocs\Current\TT31349\peresTT31349.doc PLANNING COMMISSION RESOLUTION 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31349 - TOLL BROTHERS, INC. ADOPTED: JULY 29, 2003 GENERAL CONDITIONS OF APPROVAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Titles 9 and 13 of the La Quinta Municipal Code ("LQMC") and conditions of approval for Specific Plan 90-016, Amendment #1 and Tentative Tract Map 30357. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31349 — Toll Brothers, Inc. Adopted: July 29, 2003 Page 2 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"), unless the previously submitted SWPPP for Tract 30357 is deemed applicable and in effect for this tract. 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. P:\Wally\Casedocs\Current\TT31349\PC COA.doc Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 Page 3 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer and as conditioned for Tentative Tract Map 30357. 8. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street right-of-ways to be retained for private use required for this development include Via Tesoro, Miramonte Lane, Via Ancantara, Marbella Court, Via Sorrento, Via Castellan, Torrean Way, Camarillo, and El Dorando Drive. A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 1) Private Residential Streets measured at gutter flow line to gutter flow line: 36-foot travel width. 0 P:\Wally\Casedocs\Current\TT31349\PC COA.doc Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31349 — Toll Brothers, Inc. Adopted: July 29, 2003 Page 4 2) CUL DE SACS: The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger, using a smooth curve instead of angular lines similar to the layout shown on the tentative map. 3) Knuckle: The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the or similar to the lay out shown on the rough grading plan. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 1 1. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 12. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 13. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. P:\Wally\Casedocs\Current\TT31349\PC COA.doc Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 Page 5 FINAL MAPS 16. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical 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 shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. P:\Wally\Casedocs\Current\TT31349\PC COA.doc Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31349 — Toll Brothers, Inc. Adopted: July 29, 2003 Page S The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. 19. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 20. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 21. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 22. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 23. 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. P:\Wally\Casedocs\Current\TT31349\PC COA.doc u- Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31349 — Toll Brothers, Inc. Adopted: July 29, 2003 Page 7 24. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. 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. 28. 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; P:\Wally\Casedocs\Current\TT31349\PC COA.doc - Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 Page 8 B. A preliminary geotechnical ("soils") report prepared by a qualified engineer; C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC; and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 29. 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. 30. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 31. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 32. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. The overall site grading adjacent to the Canal shall not exceed two feet from natural grading, and shall not exceed more than one foot over the entire length of the site. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. P:\Wally\Casedocs\Current\TT31349\PC COA.doc _ `� Planning Commission Resolution 2003-_ Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 Page 9 Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 33. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 34. 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. 35. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. nRAINAGF 36. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. _/ - , _L U P:\Wally\Casedocs\Current\TT31349\PC COA.doc Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 Page 10 Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Tract 30357. Nuisance water shall be disposed of in an approved manner. UTILITIES 37. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 38. 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. 39. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 40. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 41. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 42. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 43. The applicant shall construct the following street improvements. P:\Wally\Casedocs\Current\TT31349\PC COA.doc �` Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31349 — ToE Brothers, Inc. Adopted: July 29, 2003 Page 11 A. PRIVATE STREETS - Via Tesoro, Miramonte Lane, Via Ancantara, Marbella Court, Via Sorrento, Via Castellan, Torrean Way, Camarillo, and El Dorando Drive. Construct full 36-foot wide travel width improvements within a 39-foot right-of-way where the residential streets are double loaded. B. PRIVATE CUL DE SACS - Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. C. KNUCKLE - Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 44. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or the approved equivalents of alternate materials): Residential 3.0" a.c./4.5" c.a.b. 45. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 46. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 47. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. P:\Wally\Casedocs\Current\TT31349\PC COA.doc t Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Tentative Tract Map 31349 — Tol4 Brothers, Inc. Adopted: July 29, 2003 Page 12 CONSTRUCTION 48. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. FIRE MARSHAL 49. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 50. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 51. The required water system, including fire hydrants, will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 52. Final conditions will be addressed by the Fire Marshal's office when plans are submitted for plan checking. LANDSCAPING 53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in all required and proposed setbacks, retention basins, common lots and park areas. J P:\Wally\Casedocs\Current\TT31349\PC COA.doc Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: July 29, 2003 Page 13 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 56. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 57. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 58. 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. 59. 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. 60. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. P:\Wally\Casedocs\Current\TT31349\PC COA.doc , t. Planning Commission Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31349 — Toll Brothers, Inc. Adopted: July 29, 2003 Page 14 MAINTENANCE 61. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 62. 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 63. 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. P:\Wally\Casedocs\Current\TT31349\PC COA.doc LLI LAJ Of V) [Us vull9to] 49TH AVENUE -50T-H AVENUE 52 AVEN:UE PROJECT SITE VICINITY MAP I NOT TO SCALE ATTACHMENT 1 01 ZON "UL-ft- 4;j _7" M-.Lm®rw -4re �fj', IF, Ar X, AA* 7A LAI :1-NM M." U Q -9 PH #G PLANNING COMMISSION STAFF REPORT DATE: JULY 29, 2003 CASE NO.: SITE DEVELOPMENT PERMIT 2003-775 APPLICANT: WASHINGTON 1 1 1, LTD REQUEST: A REQUEST TO CONSTRUCT FIVE COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 83,200 SQUARE FEET WITHIN THE WASHINGTON PARK COMMERCIAL CENTER. LOCATION: BOUNDED BY HIGHWAY 111, AVENUE 47, WASHINGTON STREET AND ADAMS STREET. ENVIRONMENTAL CONSIDERATION: A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2002-459) WAS CERTIFIED BY THE CITY COUNCIL FOR SPECIFIC PLAN 1987-01 1, AMENDMENT NO. 4, UNDER RESOLUTION 2002-166. THERE ARE NO CHANGED CIRCUMSTANCES, CONDITIONS, OR NEW INFORMATION THAT WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. GENERAL PLAN LAND USE DESIGNATION: REGIONAL COMMERCIAL ZONING: REGIONAL COMMERCIAL SURROUNDING LAND LAND USES: NORTH: REGIONAL COMMERCIAL SOUTH: COMMUNITY COMMERCIAL, LAKE LA QUINTA WEST: REGIONAL COMMERCIAL, SIMON MOTORS EAST: REGIONAL COMMERCIAL, LA QUINTA AUTO CENTER p:\oscar\washington park\ pc rpt BACKGROUND: Site Background The Washington Park Commercial Center is bounded by Highway 1 1 1, Washington Street, Adams Street, and Avenue 47 consists of 50.62 acres. The Washington Park Specific Plan was approved by the City in 1989 and amended in 1991, 1997, 2001 and 2002. The 1997 Amendment allowed a 13.39 acre portion of the site to be created and Eagle Hardware to be constructed (now Lowe's Home Improvement). In 2001, the third Amendment added a 1.78 acre site into the Specific Plan which consisted of a proposal to construct a two story 25,240 square foot building with retail, office and wholesale uses. In 2002, Amendment No. 4 addressed the balance of the site, which included the development of a multi -tenant, multi -building commercial center, including a 125,000 square foot Target store, retail, office and restaurant pads. Project Request The request is for approval of a Site Development Permit to construct five additional buildings (Attachment No. 1) within the second construction phase of the commercial center including: A. Steinmart (sub -major 1), 36,000 square foot retail facility; B. Office Depot (sub -major 3), a 15,000 square foot retail facility; C. 14,000 square foot retail facility (sub -major 2); D. 10,000 square foot retail facility (shop 2); and E. 8,200 square foot facility (shop 1). The proposed architecture is consistent with the Specific Plan (SP-87-11, Amendment No. 4) design standards, which approved architectural design guidelines that are illustrative of a "Desert Deco" style, described as "... an interpretation of contemporary, modern, and art deco architecture." All proposed buildings feature flat roofs, varied surface textures with rich facade colors and vibrant accent colors as an integral component to the overall design approach. Building massing features deep-set openings, reveals, and inset detailing emphasizing shadow and light. Buildings utilize canted, staggered roof lines, anodized aluminum trellises, clear anodized aluminum store fronts, metal doors, anodized awnings, and stone veneer accents. The proposed landscape is consistent with the Specific Plan guidelines and palette of plant materials, which consists of date and fan palm trees and shade trees. The ground cover and shrub plant material are low water consumption and native to the area. Landscaping surrounds the outside perimeter of the parking lot on all sides of the property. An eight -foot wide sidewalk is incorporated in the landscape easement p:\oscar\washington park\ pc rpt meandering within the 50 foot landscape setback on Highway 111 extending along the entire length of Highway 1 1 1. Planting materials conform to the City's Highway 1 1 1 Design Guidelines. The applicant will be submitting a separate sign program for the commercial center at a later date for Planning Commission approval. Architectural and Landscape Review Committee Review (ALRC): The ALRC reviewed this request at its July 2, 2003 meeting (Attachment 2). The Committee adopted Minute Motion 2003-029, recommending approval with the condition that the applicant delete the parking along the store fronts and replace it with outdoor seating or other public use. The applicant has not incorporated the Committee's recommendations noting potential economic hardships to tenants that may result due to the removal of parking spaces along the storefronts. Staff concurs with the applicant's concerns and has not incorporated the Committee's comments and is waiting direction from the Commission. Although public outdoor spaces are a benefit, the Specific Plan for this commercial center, as well as other commercial centers, includes parking spaces along the store fronts. Public spaces are provided elsewhere in the project, and spaces in close proximity to retail are a benefit for the community's elderly population. Public Notice This application was advertised in the Desert Sun newspaper on July 19, 2003. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case, with the exception of the ALRC's recommendation, as discussed above. Statement of Mandatory Findings: In conclusion, the findings needed to approve this request can be made provided the recommended Conditions of Approval are imposed. p:\oscar\washington park\ pc rpt RECOMMENDATION: Adopt Planning Commission Resolution 2003-_, approving Site Development Permit 2003-775 subject to the findings and conditions. Attachments: 1. Development Plans (Commission only) 2. ALRC Minutes excerpt July 2, 2003 Prepared by: Oscar W. Orci, Planning Manager p:\oscar\washington park\ pc rpt PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR FIVE COMMERCIAL BUILDINGS CASE NO.: SITE DEVELOPMENT PERMIT 2003-775 WASHINGTON 111, LTD WHEREAS, the Planning Commission of the City of La Quinta did on the 29th day of July, 2003, hold a duly noticed public hearing to consider the request of Washington 1 1 1, LTD for approval of development plans for five commercial buildings within a planned commercial center by means of a Site Development Permit (SDP) 2002-775, collectively "The Project" generally bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street, more particularly described as: Parcel 6 of Parcel Map No. 30903 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta did on the 2nd day of July, 2003, hold a duly noticed public meeting to consider a request for development plans for five commercial buildings within a planned commercial center by means of a SDP 2003-775; and WHEREAS, said SDP has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has determined that the Mitigated Negative Declaration (Environmental Assessment 2002-459) was certified by the City Council for Specific Plan 1987-01 1, Amendment No. 4, under Resolution No. 2002-166. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify approving said Site Development Permit: 1. The project is consistent with the General Plan in that the property proposed for the commercial project is designated as Regional Commercial. 2. This project has been designed to be consistent with the provisions of the Zoning Code, or amended as allowed in the applicable Specific Plan. 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 no changed circumstances, P:\Oscar\Washington Park\PC RESO SDP.doc Planning Commission Resolution 2003- Site Development Permit 2003-775 - Washington 111, LTD Adopted: July 29, 2003 Page 2 conditions, or new information has been submitted which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166. 4. The site design of the project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access, and provided with adequate landscaping. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby recommend to the City Council approval of the above - described Site Development Permit request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 29th day of July, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TOM KIRK, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\OSCAR\WASHINGTON PARK\PC RESO SDP.DOC PLANNING COMMISSION RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-775 WASHINGTON 111, LTD ADOPTED: JULY 29, 2002 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Site Development Permit 2003-775 — Washington 111, LTD. Adopted: July 29, 2003 Page 2 acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this Site Development Permit. 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 Practice ("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. 8) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 4. The Applicant shall comply with the Conditions of Approval for Property Rights set forth under Parcel Map 30903. PARCEL MAP 5. The Applicant shall comply with the Conditions of Approval for Parcel Map set forth under Parcel Map 30903. P:\OSCAR\WASHINGTON PARK\PC COA SDP.DOC Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Site Development Permit 2003-775 — Washington 111, LTD. Adopted: JuVy 29, 2003 Page 3 IMPROVEMENT PLANS 6. The Applicant shall comply with the Conditions of Approval for Improvement Plans set forth under Specific Plan No. 87-01 1 Amendment No.4. 7. Prior to submitting the Site Development plan for review and approval, the applicant will submit a site development phasing for approval. OFF -SITE IMPROVEMENT SECURITY AGREEMENT 8. The Applicant shall comply with the Conditions of approval for Off -site Improvement Security Agreement set forth under Parcel Map 30903. GRADING 9. The Applicants shall comply with the Conditions of Approval for Grading set forth under Specific Plan No. 87-01 1 Amendment No. 4. DRAINAGE 10. The Applicant shall comply with the Conditions of Approval for Drainage set forth under Specific Plan No. 87-01 1 Amendment No.4. UTILITIES 11. The Applicant shall comply with the Conditions of Approval for Utilities set forth under Specific Plan No. 87-01 1 Amendment No. 4. STREET AND TRAFFIC IMPROVEMENTS 12. The Applicant shall comply with the Conditions of Approval for Street and Traffic Improvements set forth under Specific Plan No. 87-01 1 Amendment No. 4. PARKING LOTS and ACCESS POINTS 13. The Applicant shall comply with the Conditions of Approval for Parking Lots and Access points set forth under Specific Plan No. 87-01 1 Amendment No. 4. P:\OSCAR\WASHINGTON PARK\PC COA SDP.DOC Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Site Development Permit 2003-775 — Washington 111, LTD. Adopted: July 29, 2003 Page 4 LANDSCAPING 14. The Applicant shall comply with the Conditions of Approval for Landscaping set forth under Specific Plan No. 87-01 1 Amendment No. 4. QUALITY ASSURANCE 15. The applicant will employ construction quality -assurance measures that meet with the approval of the City Engineer. 16. The applicant will 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. 17. The applicant will 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. 18. Upon completion of construction, the applicant will furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 19. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 20. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks, P:\OSCAR\WASHINGTON PARK\PC COA SDP.DOC Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Site Development Permit 2003-775 — Washington 111, LTD. Adopted: July 29, 2003 Page 5 FEES AND DEPOSITS 21. 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. 22. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 23. Prior to completion of any approval process, the developer has to pay Spanos 50%for the cost incurred in completing the north side portion of Avenue 47, and 25% for the design and installation of the traffic signal at Washington Street and Avenue 47. FIRE MARSHALL 24. Approved super fire hydrants, shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along vehicular travel ways. 25. 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. 26. Fire Department connections shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the street side of the buildings. 27. The water mains shall be capable of providing a potential fire flow of 4000 gpm and the actual fire flow from any two adjacent hydrants shall be 2000 gpm for a 4-hour duration at 20-psi residual operating pressure. This flow is based on the largest building size at 126,000-2 ft. 28. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. P:\OSCAR\WASHINGTON PARK\PC COA SDP.DOC Planning Commission Resolution 2003-_ Conditions of Approval — Recommended Site Development Permit 2003-775 — Washington 111, LTD. Adopted: July 29, 2003 Page 6 29. Water plans for the fire protection system (fire hydrants, FDC, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 30. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 31. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 32. Fire Department street access shall come to within 150 feet of all portions of the 1 st. floor of all buildings, by path of exterior travel. 33. Any commercial operation that produces grease -laden vapors will require a Hood/duct system for fire protection. (Restaurants, drive-thru's, etc.) 34. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. 35. Install a KNOX key box on each commercial suite and/or building. (Contact the fire department for an application) 36. Install portable fire extinguishers as required by the California Fire Code. P:\OSCARMASHINGTON PARK\PC COA SDP.DOC ATTACHMENT #2 Architecture and Landscaping Review Committee July 2, 2003 D. Site Development Permit 2003-775; a request of the Washington 1 1 1, Ltd., for review of architectural and conceptual landscaping plans for the second phase of Washington Park Commercial Center generally bounded by Highway 1 1 1, Avenue 47, Washington Street, and Adams Street. 1. 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 introduced Mr. Mark Kazz, of KKE Architectez, Bill Sanchez owner's representative, and Hal Hall, who gave a presentation on the project. 6. Committee Member Thorns stated there was to be a notable landscaping treatment at the major entries to the Center. Mr. Kazz noted the areas they had done this. Committee Member Thorns stated there are nine parking stalls that butt up to the sidewalk in front of the buildings and he would like to see them moved from the front of the building. Staff stated they would check on their required number of parking spaces and see if they can be eliminated. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-029 approving Site Development Permit 2003-775, as amended: a. Condition added: Nine parking stalls shall be eliminated from the front of the buildings and allow for some outdoor seating spaces in front of Sub -majors 2 and 3. Unanimously approved. E. Water Efficient Ordinance; a request of the City for review of proposed water efficient landscaping guidelines. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department GAWPD0CS\ARLC\7-2-03 WD.doc - 5 - PH #H STAFF REPORT PLANNING COMMISSION DATE: JULY 29, 2003 CASE NO.: ZONING CODE AMENDMENT 2003-077 REQUEST: RECOMMENDATION TO THE CITY COUNCIL TO AMEND THE LA QUINTA ZONING CODE, PERTAINING TO THE WATER EFFICIENT LANDSCAPING ORDINANCE LOCATION: CITY-WIDE APPLICANT: CITY OF LA QUINTA ENVIRONMENTAL CONSIDERATION: 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 BACKGROUND: The City of La Quinta is proposing to amend the Water Efficient Landscaping Ordinance for newly installed and rehabilitated landscapes to coincide with the recently adopted Coachella Valley Water District (CVWD) regulations. The purpose of the amended Ordinance is to create and maintain lush and efficient landscapes. A landscaping documentation package consisting of a landscape design plan, irrigation plan, grading design plan, soils analysis and water calculations will be required to approve landscapes. These regulations will augment the City's existing landscape regulations. This item is to be continued to the meeting of August 12, 2003 to allow staff the opportunity to make certain that the proposed water regulations are consistent with the current City policies regarding development. RECOMMENDATION: Continue the Public Hearing to the meeting of September 9, 2003. PAOscar\Landscaping\STAFF REPORT 7-29-03.doc BI #A PLANNING COMMISSION STAFF REPORT DATE: JULY 29, 2003 CASE NO.: SIGN APPLICATION 2003-708 APPLICANT: IMPERIAL SIGN COMPANY (JIM ENGLE) OWNERS: OMRI AND BONI SIKLAI REQUEST: BUSINESS IDENTIFICATION SIGN FOR OMRI AND BON RESTAURANT LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND LAKE LA QUINTA DRIVE ENVIRONMENTAL REVIEW: PURSUANT TO SECTION 15311 OF THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPTED FROM ENVIRONMENTAL REVIEW REQUIREMENTS, AND, THEREFORE, NO FURTHER CONSIDERATION IS NEEDED. ZONING: CR (REGIONAL COMMERCIAL) SURROUNDING ZONING AND LAND USE: NORTH: CC/COMMERCIAL PROJECT UNDER CONSTRUCTION SOUTH: CC/VACANT EAST: RL/RECREATIONAL LOT FOR LAKE LA QUINTA WEST: RL/LA QUINTA ARTS FOUNDATION GROUNDS BACKGROUND: The property is located on land bounded on the south side by Lake La Quinta Drive, the west by Washington Street, and the east by Caleo Bay (Attachment 1). The restaurant and adjacent office area was recently completed and in operation. The project was approved by the City Council on April 3, 2001. The approval did not request or include any identification signs for the restaurant. P:\STAN\omri & boni sa 2003-708 pc rpt.wpd PROJECT PROPOSAL: Due to customer requests, the owners are proposing an unlit sign reading "Omri & Boni" on the west side of the building facing Washington Street (Attachment 1). The sign would be placed on the curved vertical fascia adjacent to the patio facing Washington Street. The sign would be painted plastic with "Omri" and "Boni" dark blue and "&" green. The sign would be stud mounted flush with the wall. The height of the letters are 13.75 and 20.5 inches the "&" is 38.25 inches high by 85.5 Inches in overall length and size of 22.7 square feet. Six inches of fascia space is provided above the sign with 12 inches below the sign. The sign is in compliance with the code requirements in that it is less than 50 square feet in size and compatible with the design of the building and wall it is proposed to be mounted on. RECOMMENDATION: Adopt Minute Motion 2003- , approving Sign Application 2003-708, as submitted. Attachment: 1. Plan exhibit Prepared by: Stan B. Sawa, Principal Planner P:\STAN\omri & boni sa 2003-708 pc rpt.wpd jw a aggwE g�6�£ P F�.Bb Lp iY4 A 0 i O o 04 ` Lo k --IIY / l V Y } - a OR O Lv I- 'I z w w c IM w m NORTH' I,' tl -Tt-'--- 1 I , { it I I Ij + 11 II 1 1 I,1 I II 1 III --- I I';, ; If 11 , 1 1 I III 0 tl I III 11 11 �'•'I I I II t I I it II t, I II II it � I I II 11 I 1 — II II it I I� ,I it I '•- II It, I I 11 I II fl tl I I 11 1/ 1 II le I tl II I tl 11 I /1 It PAUL D. QUILL 51-245 AVENIDO RUBIO LA QU I NTA, CA 92253 July 15, 2003 Tom Kirk, Chairman La Quinta Planning Commission 78495 Calle Tampico La Quinta, CA 92253 Re: Planning Commission Meetings for August Dear Tom: At our last Planning Commission meeting, my first Planning Commission meeting, we discussed which days would be dark in August. Unfortunately for me the date selected was August 26th. Prior to my applying to the Planning Commission (and not knowing whether I would be appointed) I planned a significant vacation that will be starting July 26th and not ending until August 22^d. I had hoped that I would only miss one Planning Commission meeting, thinking the July meeting would have been on the 22nd and not the 29th. Unfortunately I will miss both the July 29th meeting and the August 12th meeting with the August 26th date dark. I respectfully request that the Commission accept my apology for my lack of attendance at the July 29 and 6ugust 12th tings. Sincer y, f' 9 %Paul Quill cc: Betty Sawyer Executive Secretary to the Community Development Dept. G \WG LANMgwll letters - word\qudl letters 2003\PlannmgCommissionVacation.doc