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1998 06 23 PC�b OF M�v PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California June 23, 1998 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 98-043 Beginning Minute Motion 98-006 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes for June 9, 1998 B. Department Report PC/AGENDA V. PUBLIC HEARINGS: A. Continued Items ........ GENERAL PLAN AMENDMENT 98-056 AND ZONING CODE AMENDMENT 97-057 Applicant .................. City of La Quinta Location ................... City-wide/within the Hillside/Unique Geology overlay HUGO District Request .................... Amendment to Zoning Code Chapter 9.140 (Hillside Conservation Regulations), HUGO and the General Plan Land Use and Environmental Conservation Elements regarding Hillside Development Density Transfers Action ..................... Resolution 98- , Resolution 98- , and Resolution 98- B. Item ..................... TENTATIVE TRACT 28838 Applicant ............... KSL Land Corporation Location ................ Southeast corner of Madison Street and Airport Boulevard within PGA West Request ................. Consideration of an approval of a 200 single family and other miscellaneous lots subdivision on 133.42 acres in Specific Plan 83-002 and 90-017. Action ................... Resolution 98- , VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL VIII. COMMISSIONER ITEMS A. Commission report on the City Council meeting of June 16, 1998. IX. ADJOURNMENT PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 9, 1998 CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:04 P.M. by Chairman Butler who asked Commissioner Abels to lead the flag salute. B. Chairman Butler requested the roll call: Present: Commissioners Abels, Kirk, Seaton, Tyler, and Chairman Butler. It was moved and seconded by Commissioners Seaton/Abels to excuse Commissioner Gardner. Unanimously approved. Commissioner Woodard arrived at 7:10 C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Chairman Butler asked if there were any changes to the Minutes of May 26, 1998. Commissioner Kirk asked that Page 3, Item 8 be corrected to read, "Commissioner Kirk stated that recreational amenities often become a phase of their own and are not developed before the homes." Commissioner Tyler asked Page 10 be corrected to read, "Commissioner Tyler asked to make a statement regarding his editing of tract maps. These maps become legal documents. Even though some Commissioners may feel it is unnecessary to note every item that is wrong on the map, it is his belief that it is a duty of the Commission to make these changes. Applicants hire professional engineers to prepare the plans and they should be correct when presented to the Council/Commission." There being no further corrections, it was moved and seconded by Commissioners Abels/Seaton to approve the minutes as corrected. Unanimously approved. B. Department Report: None CAMy Documents\WPDOCS\pc6-9-98.wpd Planning Commission Meeting June 9, 1998 V. PUBLIC HEARINGS: A. General Plan Amendment 98-056 and Zoning Code Amendment 97-057; a request of the City to amend the Zoning Code Chapter 9.140-Hillside Conservation regulations, and the General Plan Land Use and Environmental Conservation Elements regarding Hillside Development Density Transfers. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Leslie Mouriquand presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Kirk asked Senior Engineer Steve Speer if he had the examples for presentation to the Commission. Senior Engineer Steve Speer gave an example of how to determine the toe of slope on the site located along Washington Street between the St. Francis of Assisi Church and the Laguna de la Paz development, where a lot line adjustment had recently been completed. The owners of the property had asked the City to make a determination between the developable and undevelopable land. The determination he came up with was based on a line that defined where the gradient was greater than 20 percent and that area that is less than 20 percent. They ignored the sand areas as they do not count in the Hillside Conservation Area. He then explained the computer generated analysis superimposed on a photograph of the site that had been prepared site to determine the two areas. He then explained this was one method that was being proposed in the new ordinance for determining the toe of slope. The other hand method is more complicated and would be used on smaller parcels of land. 3. Commissioner Kirk asked if in situations where sand build up is against the toe of slope, and the sand was removed from the toe of slope, does the toe of slope change to the new elevation or is it where the sand previously met the toe of slope. Staff stated that if the sand is pulled away after the analysis, the property owner is not penalized, but will be required to prepare a new analysis. Commissioner Kirk asked how high the sand dunes were against the slopes. Staff stated it varies, but might be as much as 40-feet. Commissioner Kirk stated that the possibility exists that if the sand were cleared away, the property owner could build up to 40-feet high, up the exposed toe of slope. Staff clarified that when you clear the sand away, the property owner will be required to prepare a new slope analysis. 4. Chairman Butler questioned if a property owner knew he had hard rock under the sand, and the toe of slope was determined to be 30-40 feet up the hillside, does the property owner has the right to blast out the rock. Community Development Director Jerry Herman stated the property owner would have to apply under the Conditional Use Permit process to develop the land and at that time they would be prohibited from blasting any portion of the mountain. CAMy Documents\WPDOCS\pc6-9-98.wpd 2 Planning Commission Meeting June 9, 1998 5. Commissioner Woodard stated that if the sand is removed and you follow the contour of 20 percent grade down, you have reduced the amount of land that is developable. If the sand is left where it is, and a house has been constructed on that sand, the owner has the right to build a home on that sand at less than the 20 percent grade. If the sand is removed, he reduces the amount of land he can develop. The point is that if you blast the mountain from the original point of where the 20 percent grade was, and cut a straight wall down to allow the property owner more land to develop, is that a detriment to what the City is trying to achieve? In light of these questions, he asked, what is the purpose of the ordinance? Is it an elevation question where the City is trying to protect the view of the mountains, or is it to protect some grade that development will not occur above. It appears the purpose is to protect aesthetics or view corridor. The 20 percent grade is a line that was determined to be that line to prevent development above. This is an elevation question, not a grade question. If the 20 percent point is where the sand exists, this is the line of demarcation between development and no development. The developer wants to use this line, blast the mountain and drop down 20 feet, his purpose would be to construct houses or structures. If you look at this from the view corridor from the street, you will still see a house or building in the dropped area. This being the case, what is the City trying to accomplish? 6. Commissioner Kirk noted you would see exposed rock. Commissioner Woodard then asked if it was an aesthetics issue. If so, then the Ordinance should prevent any blasting or cutting away. Commissioner Kirk stated this is a question that needs to be clarified. 7. City Attorney Dawn Honeywell stated she did not believe the intent of removing the sand was to create an artificial line someone could take away from. One way to address this issue would be to add a sentence, stating that "If sand is removed from against the determined hillside slope, it will necessitate a new analysis and determination of where the toe of slope is located. 8. Commissioner Kirk asked staff to explain Page 55 of the staff report regarding the General Plan Amendments. Planning Manager Christine di Iorio stated it is to revise the language to clarify less than 20 percent or greater than 20 percent grade density transfer, referencing the conditional use permit process and site development process, and changing the title of the District. Commissioner Kirk asked if on Page 60, under boundary of the HUGO District, there is an acknowledgment that there are areas above the toe of slope that are flatter than the 20 percent topographic gradient, and asked CAMy Documents\WPDOCS\pc6-9-98.wpd 3 Planning Commission Meeting June 9, 1998 if these areas are treated any different than those areas that are less than 20 percent. Staff stated that slopes that are less than 20 percent are not in the HUGO District, it is slopes above the toe of slope that are less than 20 percent that can have single family residences. Commissioner Kirk stated there are no areas in the HUGO District with slopes less than 20 percent. Staff stated this was correct. Commissioner Kirk stated that if this was true, other areas that are a part of the HUGO District, such as canyons/boulder fields are left. Staff stated they are left, but it is not the slope that is the definition, it is the definition of being a canyon or boulder field, not that it is less than 20 percent. Commissioner Kirk suggested dropping the last two sentences. Either identify all of the geographic and other features that might contribute to the boundary, or take them all out. Staff stated they should be added to the General Plan. 9. Commissioner Kirk asked Senior Engineer Steve Speer if he had done a similar analysis for the boulder field on any subject property. Senior Engineer Steve Speer stated no analysis had been performed on any boulder field. It was generally a conservative number to catch the areas that were of interest to preserve. Commissioner Kirk suggested staff use the analysis on a site and see if it works. Staff stated that at the recommendation of the City Attorney, staff was asked not to go to any particular property, for fear that the property owner(s) might feel singled out. In order to give the Commission an idea of what would be an appropriate number, staff would have to analyze several properties. 10. Commissioner Kirk asked if staff had done any view shed analysis to determine the impact on an access road on our mountains. Staff stated they had not. Planning Manager Christine di Iorio pointed out that a clarification had been given to the Commission regarding a change staff was proposing concerning access roads that would mitigate the view of access roads. Commissioner Kirk stated that in these dramatic slope areas the width of the right of way has an impact on daylighting, or the impact amount of cut and potential fill. Has the City considered this impact in light of possibly reducing the right of way requirements for access road. Staff stated it would be reviewed during the conditional use permit process. Commissioner Kirk asked if staff would have any objection to including language regarding reducing the right of way as a possible strategy for reducing the impact of access roads. Staff noted under the General Plan they had reduced the width for private roads to 28-feet. Community Development Director Jerry Herman stated that through a conditional use permit process, the City has the right to review the width of road. At that time they would take into consideration all CAMy Documents\WPD0CS\pc6-9-98.wpd 4 Planning Commission Meeting June 9, 1998 other aspects of the road access. Commissioner Kirk stating he is hearing a lot about the conditional use permit process, and one of his continuing concerns is that this ordinance offers the developer no certainty nor any certainty to the environmental and aesthetic interest to the City. We have examples of how to minimize the impacts of accessways such as depressing the roadway, restoring rock coloration, and the question he is raising is whether or not staff is amicable to including a reduction of the right of way as an option to addressing access road on slopes. 11. Chairman Butler asked if depressing the roads created a problem with water runoff. His understanding is that staff is choosing to address this issue in the conditional use permit process to ensure that all areas of concern are considered at the time of development. Commissioner Kirk stated that depressing the road may require more right of way. However, staff has included examples such as a tool box approach, to reduce the impact of access roads. What he is suggesting is that staff include, as one of the tools, the ability to reduce the width of the right of way. 12. Commissioner Kirk asked staff to explain the difference in the approval process as it is now and when this ordinance is approved, in regard to the site development processes. Planning Manager Christine di Iorio explained it is currently reviewed by the Planning Commission through the conditional use permit process. Staff noted this is a standard process under the conditional use permit. The Zoning Code outlines how the process is handled. In addition, as it is a specific district there are additional criteria besides the one for processing. What staff has added is City Council approval. Commissioner Kirk clarified that a conditional use permit would be submitted to staff, reviewed by the Planning Commission for a recommendation to the City Council for final action. He then asked how the site development process was reviewed. Staff stated this process has been added. An example is where a tract was processed in conjunction with a conditional use permit for the hillside areas with a condition that any houses developed for the hillside area, would come back to the Planning Commission for review. Conditional use permits and site development permits are both reviewed by the Planning Commission. Discussion followed regarding clarification of how the reviewing/approval process would be handled. 13. Commissioner Kirk asked staff how much density could be exceeded beyond the General Plan requirements when clustering is used. Staff clarified that if it goes to another residential area of the City, it could be exceeded by up to 20 percent; however the total number for the density figure for the entire site, can then be transferred below the toe of slope, if it is the adjacent property or contiguous piece of property. C:\My Documents\WPDOCS\pc6-9-98.wpd 5 Planning Commission Meeting June 9, 1998 14. Commissioner Kirk questioned why sand dunes were included under Applicability in the HUGO District. Planning Manager Christine di Iorio stated it is to clarify that it does not fall within the HUGO District, because sand dunes have the potential to have a 20 percent slope. Commissioner Kirk asked how this clarified it? Staff stated that under the definition of sand dunes and in the boundary definition. It could be clarified in this section as well. Community Development Director Jerry Herman stated the intent was not to find a sand dune in the middle of the City that has a 20 percent slope and not allow development. Commissioner Kirk stated the way it reads is that sand dunes are a part of the Applicability of the HUGO District. Staff stated it would be clarified in Item 6 on Page 62. 15. Commissioner Kirk asked staff if during the review of ordinances by other cities, the City of Indian Wells and Riverside County both seem to prohibit development over the 20-25 percent slope; is this for all development? Associate Planner Leslie Mouriquand stated the City of Indian Wells includes all forms of structural development and probably access roads. Commissioner Kirk asked if either of these ordinances had been challenged and does the City Attorney have any concerns about this type of approach. City Attorney Dawn Honeywell stated she is not aware of any challenges to their ordinances and yes she would have a concern. 16. Commissioner Woodard asked staff to clarify the difference between a 20% grade line and a 25-foot calculation band beyond that point. Senior Engineer Steve Speer explained the calculation band was used to determine where the toe of slope existed and by using the hand method, a person would use the topographic map similar to the example given by staff. It is a trial and error method until a determination has been made as to where the 20 percent area exists. 17. Commissioner Woodard asked staff how they arrived at 200 feet for the width. Senior Engineer Steve Speer stated that on the field trips with the Council and Commission, staff asked for feed back as to what the Commission/Council would be comfortable with. There is nothing specific or particular about the figure. Staff would prefer the Commission, or Council, determine the number. Commissioner Woodard asked staff to explain how they arrived at their definition of a boulder field. Staff stated they would meet with an applicant to determine whether the site is a boulder field or not. Discussion followed regarding different scenarios of determining a boulder field. Commissioner Woodard stated his concern that a developer would have to spend a lot of money to determine whether an area is a boulder field or not. Is there some way that staff could come to this CAMy Documents\WPDOCS\pc6-9-98.wpd 6 Planning Commission Meeting June 9, 1998 decision without requiring a developer to expend an exorbitant amount of money. Staff stated this would be difficult. This ordinance has been in the drafting stage for almost six months. There is no way to have a specific definition that will cover everything that might be a concern to the City. Therefore, staff established specific numbers that will help to define which categories the property would be in. The topographic aberrant is an issue where the developer may want a preliminary review by staff. Commissioner Woodard asked the City Attorney if there was a process whereby a developer could apply to the City for clarification before spending a lot of money. City Attorney Dawn Honeywell stated that when the process is set up as a conditional use permit process requiring a public hearing, you cannot take portions of that process and predetermine the answer. Any time anyone comes in for a conditional use permit or something that requires some discretion as to whether the project will be compatible with the surrounding uses, staff can only say it appears to be possible. It is not until the project goes through the hearing process that this can be determined. These types of properties are going to be more expensive and difficult to develop than other properties, but it is the nature of the property. 18. Commissioner Tyler asked if the software program to make the determination was readily available so a property owner could prepare his own evaluation. Senior Engineer Steve Speer stated it is readily available, but it is not something that a lay person would use. Most of the engineering firms have it. Commissioner Tyler asked why the Coachella Valley Mountains Conservancy legislative map was not listed as a reference in our Environmental Impact Report. Planning Manager Christine di Iorio stated they did not have an answer, but staff would look into this. 19. As there were no other questions of staff, Chairman Butler asked if anyone else would like to address the Commission on this item. 20. Mr. Chevis Hosea, representing KSL Land Corporation, stated that from the their perspective, they are being asked to place a significant amount of land into a conservation district for development rights. In turn for doing this, they are given density bonuses. What may be more beneficial is to allow changes in zoning, or some favorable type of treatment or program, whereby a property owner can change residential zones to tourist commercial, since density is not an issue in tourist commercial. There should be a way for hotel developers and tourist commercial developers, to have some consideration. The reason they are sensitive to this issue is KSL is trying to acquire a piece of property adjacent to the La Quinta Hotel that has 68 acres of which 36 are developable. At some point, the furthest width from the toe of slope for this CAMy Documents\WPDOCS\pc6-9-98.wpd 7 Planning Commission Meeting June 9, 1998 property, is less than 300 feet. When you talk about the toe of slope or any mitigation measures for environmental issues, you could render this property undevelopable and have a "taking" by the City. It is therefore, very important to have this defined. If they do purchase the property, they would want to change the zone to "Tourist Commercial" and try to develop an additional residential specific plan overlay zone within it and the Hillside Ordinance needs to have some provision that the nonresidential developer, to whom density is not important, has something in turn for the taking of land. The other question they have is whether this ordinance is adjustable within a specific plan. City Attorney Dawn Honeywell stated the City would not was to rezone a piece of property to "Tourist Commercial" so they would have to pay more for that property than what it was previously zoned for, is not something the City would do. If the property's current zoning is residential, one unit per ten acres, the City would want to retain that zoning. In regard to density transfers, no one knows their value. Therefore, it is not something that can be addressed at this time. If it is within the umbrella of what the General Plan would allow, it could be done, but it is not something staff would want to recommend. This would be creating a specialized hillside ordinance for each and every specific plan. Mr. Hosea asked if the City had jurisdiction over private areas. If a development occurs next to a hillside area they could be preventing any access to the mountains by anyone except the property owners in front of those hillsides. Does the City have any jurisdiction in regard to this? He then presented two analyses they had prepared regarding their property and where the toe of slope would fall based on the proposed ordinance. In summation, Mr. Hosea asked that golf and golf amenities be allowed to be developed up to the 30 percent slope in non - canyon areas. Also, can a lake be developed next to a mountain within the 30 percent grade. In regard to boulder fields, they do not understand why they are being protected. Everyone needs to agree on what the protected view area should be from a vertical or view shed area and restrict any development above that point regardless of how the slope may come back to a buildable plateau. Fencing should be prohibited anywhere on the hillside. Chairman Butler stated he is unaware of how this ordinance could affect KSL's development. Whether the proposed ordinance is in conflict with the ultimate goals of KSL's development at PGA West or not. There is some conflict as to whether or not a private golf course is able to be developed against the hillside and toe of slope, should be excluded or modified in the way they are handled in comparison to a private project. The City is setting a precedent by whatever they do approve in this instance. The other issue is how California Fish and Game and the U. S. Fish and Wildlife Service will affect any development above the toe of slope. CAMy Documents\WPDOCS\pc6-9-98.wpd 8 Planning Commission Meeting June 9, 1998 21. Commissioner Tyler asked if Mr. Hosea was requesting the City set an arbitrary figure and require no development above that figure? Mr. Hosea stated that was true. 22. Commissioner Woodard asked staff to explain what the question was regarding how this ordinance would be affected by a specific plan. City Attorney Dawn Honeywell stated KSL was asking to have a large part of their land that is up next to the toe of slope redesignated as "Tourist Commercial". As there are no density limitations on Tourist Commercial, the fact that some of their property might be transferred to a non -toe of slope area and get a greater density bonus, has no value to it. The point is the City is not required to change the zoning in an area that it makes no sense to have "Tourist Commercial" because you would be unable to build in that area anyway. Therefore, the City will not have a situation where they have something zoned in a way that it is valueless to have any density transfer rights. It is not clear, even as residential property, what the value of that density transfer is in our City. Commissioner Woodard asked if the specific plan could change the zoning. City Attorney Dawn Honeywell stated only if it is consistent with the General Plan. Commissioner Woodard questioned whether or not the reason for the ordinance was aesthetics. City Attorney Dawn Honeywell stated the ordinance does not state whether it is the mountain or whatever. It is just the protection of the mountain. Commissioner Woodard asked if there is a boulder field transfer or whether fencing should be allowed. City Attorney Dawn Honeywell stated this is a policy decision to be answered later on. 23. Chairman Butler stated the fence issue is one that is unsolvable at this time. City Attorney Dawn Honeywell stated the only issue on the fence at this time is whether or not it is to be allowed on any particular project. 24. Mr. John Criste, Terra Nova Planning and Research, representing Richard Meyer, thanked staff for keeping them informed regarding the development of this ordinance. They do have an issue with the toe of slope and the short run of 25-feet in band width to determine a 20% slope measurement. In addition, there is a need for more clarification on what constitutes a boulder fields. Who is the beneficiary of the boulder fields? The criteria is still too restrictive. The largest caliper being two feet and only one per 100 square feet is not a difficult situation. As written, the Planning Commission could redefine the boulder field at any time during their review of a project which gives the developer no sense of security regarding their project. In regard to the access road mitigation, they like the tool box approach as it gives everyone alternatives to see how they can make it fit. CAMy Documents\WPDOCS\pc6-9-98.wpd 9 Planning Commission Meeting June 9, 1998 25. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 26. Commissioner Kirk stated that in his opinion, this is one of the most important issues the Commission will address this year. There is a need to have more certainty in the ordinance. Perhaps declaring a certain line would solve the problems. A lot of the issues melt away if a certain line is defined. He cannot support the amendment to the General Plan and Zoning Code unless it provides more certainty to the development community. If a line is defined, he could support it. The issue of fencing may not be on the slope if they restricted development above a certain line. It may be at the toe of slope. It is illuminating to read the ordinances from adjoining cities and the County. It is distressing to realize the City of La Quinta does not have an ordinance that is not nearly as certain and definite about what it is trying to protect, than the City of Indian Wells and the County of Riverside. Chairman Butler asked what he thought of the fencing and the slope. Commissioner Kirk stated that if a definite percentage is defined, most of the problems go away. Discussion followed as to how this would affect development. 27. Commissioner Woodard asked why they should require a fence at all. The issue would be resolved by either the U. S. Fish and Wildlife Service or California Fish and Game in conjunction with the developer. The purpose of the fence is to restrict the sheep and there may be areas in the City where this is a concern and other areas where it is not. Therefore, to require a fence anywhere when this issue is not prevailing, is aesthetically discouraging. He asked if Commissioner Kirk was making a point that a fence was all right at a certain point on the hillside. Commissioner Kirk stated no. The fence is a small, but important, part of the aesthetics. The City needs to address where the line should be instead of having it addressed through the conditional use permit process. As it reads, it gives the development community no certainty at all. He would rather have the consultant be able to come to the City, read the ordinance and determine whether or not they can do a development. He would support eliminating that portion of the ordinance that deals with fencing. 28. Chairman Butler stated he too agreed with his comments, but when discussing this with staff, it was his understanding this needed to be included in the ordinance in case it would be an issue and it could be resolved in the conditional use permit process. If it was not put in the ordinance, the City CAMy Documents\WPDOCS\pc6-9-98.wpd 10 Planning Commission Meeting June 9, 1998 could not deal with the issue. Commissioner Kirk stated that if the fence were eliminated from the ordinance and at some point in the future the U. S. Fish and Wildlife Service and/or California Fish and Game brought the issue up, there would be a way to modify the conditional use permit to address this issue. City Attorney Dawn Honeywell stated this should be resolved now, as there is a current issue where California Fish and Game want a fence and the City needs to decide whether or not they are going to allow a fence. 29. Commissioner Tyler questioned how the Commission should respond when an issue is before them that is anticipatory. City Attorney Dawn Honeywell stated it was not, and the decision needs to be made now. It is a rule the City needs to determine and not leave to outside agencies. 30. Commissioner Woodard asked if the City decides they do not want fencing, does the Federal and/or State law preclude what the City wants; or secondly, if the City determines fences will not be allowed, does California Fish and Game abide by the City's decision but, state that no development is allowed in this area due to the wildlife because fences are not allowed. City Attorney Dawn Honeywell stated the second scenario is the more likely. They would not be allowed to force the City, under our local Zoning Ordinance, to allow fences. By the same token they have their own permitting ability with people in their designated habitat areas. If they cannot sufficiently mitigate to their criteria then they will not allow development. Commissioner Woodard stated then the result will be the developer gives up and installs the fence. In that case, when California Fish and Game dictates where a fence will be installed, the City can then look to the conditional use permit process to allow the fence. City Attorney Dawn Honeywell stated this is why staff worded the ordinance as they did. There has to be a basis under the mitigation measures to require the fence. 31. Commissioner Abels stated the fencing issues is important and should be included in the ordinance and should be addressed when appropriate. 32. Commissioner Woodard stated he was for allowing a developer to develop land in areas less than 20 percent and some areas that require them to exceed the 20 percent to get to that area if the road system is satisfied with problems relative to view cones and view corridors. In addition, he would like language added which allows road systems to be reduced in width. He has a hard time with public vs. private roads. The Commission has a responsibility to protect the views of the mountain, but it is a distance and elevation question. Therefore, he would support a 30 percent grade on those CAMy Documents\WPDOCS\pc6-9-98.wpd 11 Planning Commission Meeting June 9, 1998 places where there are golf courses or waterways as it enhances the view of the mountains. He is against fences unless it is environmentally required. He agrees with the need for more certainty and would make it a 30 percent for nonstructure development and 20% for structure. 33. Commissioner Seaton stated she agreed with requiring more certainty in the ordinance, but would want it to be more strict. Fencing should only be allowed for mitigation on environmental impacts. She agrees with the comments made by Senior Engineer Steve Speer that if the sand is removed from the determined hill/slope, it will necessitate a new analysis of where the toe of slope is. 34. Commissioner Tyler noted some changes that needed to be made to the staff report. He agreed that if the sand is pulled away from the hillside, you have to redefine the toe of slope. In regard to private versus public streets and what the City is trying to protect, in his opinion, it is the mountain as they exist and that includes the sand that has blown up against it. He agrees with the precedent set by the City of Indian Wells and Riverside County that a line should be determined and leave it at that. If the sentence is to remain regarding fencing, it should be strengthened and made more definitive. If sheep are involved, fencing is involved. He agreed with his fellow Commissioners that the ordinance needs to be tightened up and made more readable for developers to know what they can and cannot do. He would like it to remain in the conditional use permit process. 35. Chairman Butler stated he would like to encourage the Commission to reach a decision on this tonight. He asked if the recommendations could be included in the motion so it could go forward to the City Council. 36. Commissioner Tyler suggested this be continued to allow staff time to put their comments into a form they could approve. 37. Commissioner Woodard suggested having a straw vote on the major issues to give staff direction on the areas that needed to be changed. Chairman Butler agreed. 38. Commissioner Kirk stated there should be two line determinations: one at the 20 percent grade for nonstructural and the second at 30 percent where nothing could be build. City Attorney Dawn Honeywell asked for clarification that once the initial slope has been determined at 30 percent, no development is allowed above that line. Does this include the area behind the ridgeline that CAMy Documents\WPDOCS\pc6-9-98.wpd 12 Planning Commission Meeting June 9, 1998 is perhaps 10 percent for perhaps a mile. Is the Commission saying no development will be allowed on the ten percent slope; or, if the area behind the ridgeline that is below the 20 percent line, is allowed to be developed. Commissioner Kirk stated in his opinion, that if the property owner can get to it without building a road on the hillside that is above the 30 percent, yes it is developable. Following discussion it was determined that staff would change the ordinance to permit the allowable uses between 20 and 30 percent, and add a new section prohibiting any development in areas greater than 30 percent. 39. Commissioner Woodard questioned development above the 20 percent line that falls back to below the 20 percent behind the ridgeline. Commissioner Kirk stated he would not like to allow any development beyond the line. 40. Chairman Butler asked if Commissioner Kirk was stating that he would not like any development above the 20 percent line. Commissioner Kirk stated that if it can be reached without going above the 20 percent line, then it can be developed. 41. Commissioner Tyler suggested that during the two week continuance, the City Attorney be asked to review the ordinances for the City of Indian Wells and Riverside County to see how they reached their decision. City Attorney Dawn Honeywell stated some cities develop polices and wait to be challenged. The direction the Commission is taking is to have three categories and the primary difference being the cutting off of access roads above the 30 percent line. This in itself is not something that on its face is a taking. 42. Commissioner Kirk asked staff to provide options regarding the slope determination. One being a strict reading of the 30 percent line and one a reading of the 30 percent line that would allow the development of the upper highland areas. If the City Attorney could check into the other city ordinance by not only reading, but speaking with their attorney, in particular any litigation on the issues. Other areas he would like staff to evaluate is the pulling away of the sand from the toe of slope; the fencing for sheep if it is needed be clarified, in that it is to be allowed only for environmental purposes; the other area is that of boulder fields. The concern of a developer going through this expensive process of determining what is and is not a boulder field, and at the last minute the Commission or Council determines just the opposite. Certainty needs to be provided as to where development can occur and where it cannot occur and that should be based on a sound CAMy Documents\WPDOCS\pc6-9-98.wpd 13 Planning Commission Meeting June 9, 1998 technical analysis. Senior Engineer Steve Speer stated that if the Commission wanted to be more specific, it will require a detailed analysis. As it is written now, they are not required to do a detailed analysis. If the City wants to go to a clear definition as to whether or not it is, it will require a detailed analysis on the part of the developer/land owner so that it is documented. The reason for writing it on the discretionary side, is that with staff and the property owner spending some time at the site and going through the mathematical process, a determination can be made without having a detailed analysis. 43. Commissioner Woodard asked if staff knew how many boulder fields there are in the City. Senior Engineer Steve Speer stated that what they are referring to mostly is the alluvial fan area. One area he is familiar with is that area off Avenida Montezuma and The Quarry. The calculation is only a tool to say yes or no we do, or do not, want to have the area preserved. Commissioner Woodard asked if a house could be built around a boulder field and if so, what development requirements are in place to construct a house. Staff stated it would be determine by a lot line as building setbacks are determined from the lot line. Commissioner Woodard questioned that with these requirements a boulder field could be quarantined off by all the development that occurs around it. Discussion followed regarding criteria for a boulder field. Chairman Butler suggested leaving it as written as it was user friendly. 44. Chairman Woodard stated that if it is the desire of the City to retain boulder fields, shouldn't the ordinance have "things" in place that will protect it. City Attorney Dawn Honeywell stated not necessarily, because there is a perspective that you just want to protect it because it is there. Even though there isn't access, the site is protected. Chairman Butler stated he did not believe there were many boulder fields that needed to be protected and in any case staff is able to work with the developer within the present definition of a boulder field. 45. Commissioner Tyler asked if language could be provided to allow public access. City Attorney Dawn Honeywell stated this could not be done without "taking" it. Commissioner Kirk asked if this could be provided for under an easement. City Attorney Dawn Honeywell stated that under current U. S. Federal Supreme Court decisions where you are requiring an easement for public access to something that is not caused by the property being developed, but is caused merely for the public, is a taking. C:\My Documents\WPDOCS\pc6-9-98.wpd 14 Planning Commission Meeting June 9, 1998 City does not have access to that type of information. Staff can look at some areas that are known to be below the 20 percent grade and provide that information to the Commissioner. 47. Commissioner Woodard asked if staff could review were roads are allowed in slopes greater than 20 percent, whether or not there are creative ways to make that right of way as nondetrimental as possible. 48. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to continue this item for two weeks. Unanimously approved. Chairman Butler recessed the meeting at 9:30 p.m. and reconvened at 9:38 p.m. B. Zoning Code Amendment 97-058(A) and 98-061(A); a request of the City for consideration of miscellaneous amendments to Title 9 of the La Quinta Municipal Code. 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. Senior Engineer Steve Speer explained that storm water retention cannot be accomplished in conjunction with berming in the 20-foot landscape setback except in the area along Highway I I I which has a 50-foot landscape setback. Therefore, in revising the Code, the only area that was allowed to have storm water retention and berming was the front setback along Highway 111. 2. Commissioner Tyler questioned staff regarding the deletion of berming in combination with upsloping. Planning Manager Christine di Iorio stated they rewrote this section to clarify staff s intent. Commissioner Woodard stated he too did not understand how upsloping in the landscape setback would prohibit the ability for berming for a residential project. Planning Manager Christine di Iorio stated that a residential development will normally construct a six foot high wall on a two foot high berm to meet noise requirements. With the wall and two feet of berming there is already some type of contouring/berming that is included in the residential zone. Therefore, staff removed the requirement for berming. It was staff s concern that berming was more important in the commercial areas for the screening of parking areas. If the Commission so desires, the requirement for berming in the 20-foot setback for residential could be added back to the Code with the height of the berm at 2-3 feet. CAMy Documents\WPDOCS\pc6-9-98.wpd 15 Planning Commission Meeting June 9, 1998 4. Commissioner Woodard asked staff how they make a distinction between a commercial and RV trailer. Staff referenced the Municipal Code. 5. Commissioner Kirk asked what the impact would be on a development if they were not allowed to have a retention basin the front setback. Staff stated they would have to devote more land internally for retention. Discussion followed as to the purpose of berming. Commissioner Kirk suggested the wording be changed to "undulating terrain" with a height limit of two to three feet for residential with no grade below curb level. 6. As there were no other questions of staff, Chairman Butler asked if anyone else would like to address the Commission on this item. 7. There being no public comment, the public participation portion of the public hearing was closed and open for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 98- 042 recommending approval of Zoning Code Amendments 97-058(A) and 98-061(A), as amended above. ROLL CALL: AYES: Commissioners Abels, Kirk, Seaton, Tyler, Woodard, and Chairman Butler. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. VI. BUSINESS ITEM: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONERS ITEMS. A. Community Development Director Jerry Herman gave a report of the Council meeting of May 19, 1998. B. Commissioner Woodard informed everyone he would not be present at the next meeting and he had enjoyed working with each and everyone of the Commissioners during his term on the Commission. C. Commissioner Tyler asked that when revised, new copies of the Zoning Code be distributed to the Planning Commissioners. He also asked when the Commission would be included in the General Plan Update discussions. Staff stated they were waiting for the consultant to prepare the necessary reports. ADJOURNMENT: CAMy Documents\WPDOCS\pc6-9-98.wpd 16 Planning Commission Meeting June 9, 1998 C. Commissioner Tyler asked that when revised, new copies of the Zoning Code be distributed to the Planning Commissioners. He also asked when the Commission would be included in the General Plan Update discussions. Staff stated they were waiting for the consultant to prepare the necessary reports. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Tyler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held on June 23, 1998, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:10 P.M. on June 9, 1998. CAMy Documents\WPDOCS\pc6-9-98.wpd 17 PH #A PLANNING COMMISSION MEETING STAFF REPORT DATE: JUNE 23, 1998 Continued from June 9, 1998 CASE NO.: GENERAL PLAN AMENDMENT 98-056 ZONING CODE AMENDMENT 97-057 APPLICANT: CITY OF LA QUINTA LOCATION: CITYWIDE - WITHIN THE HILLSIDE/UNIQUE GEOLOGY OVERLAY (HUGO) DISTRICT REQUEST: AMENDMENT OF ZONING CODE CHAPTER 9.140 (HILLSIDE CONSERVATION REGULATIONS), AND THE GENERAL PLAN LAND USE AND ENVIRONMENTAL CONSERVATION ELEMENTS REGARDING HILLSIDE DEVELOPMENT DENSITY TRANSFERS BACKGROUND: These cases were continued from the June 9, 1998, Planning Commission meeting so that additional revisions could be made per the request of the Planning Commission. The text of the HUGO Ordinance, with staff recommended changes, is included and attached to the Change of Zone Resolution, in which the proposed changes are highlighted. The Minutes from the June 9, 1998 meeting are included in the meeting packet. DISCUSSION: The proposed changes to the HUGO District Ordinance include the following points: • If sand is removed from against the hillside, the toe of slope will be changed, thus a new toe of slope analysis would be required. • The boundary of the HUGO District is to include canyons, boulder fields, and topographic aberrants, as well as hillsides. • Sand dunes have always been excluded from the HUGO District. • Fencing necessary for endangered species mitigation was added to the list of permitted uses in areas less than 20% above the toe of slope and above 20%. • In areas equal to or exceeding 20% slopes, access roads are to be located in non - visible areas if at all possible. A variety of design methods for reducing the visual impact of an access road are given, including reducing the width of the travelway. Staff has not proposed any additional changes to the proposed General Plan Amendment attached to the General Plan Resolution. The Public Works Department will discuss the results of the field sample survey using the proposed boulder field criteria during the meeting (Attachment 1). Hillside development in the unincorporated County area is addressed in the Riverside County Comprehensive General Plan (Attachment 2). The County "discourages" development on slopes above 25 percent, but does not prohibit it. The City of Indian Wells Hillside Ordinance states that development on slopes 20% or over is prohibited, but there is a provision for their City Council to waive requirements (Attachment 3). PUBLIC COMMENTS: One letter was received since the June 9, 1998 Planning Commission meeting, from John Criste of Terra Nova Planning & Research, on behalf of property owner Richard Meyer. The letter is included as Attachment 4. FINDINGS: Staff is recommending approval of the proposed General Plan Amendment and Zoning Code Amendment based upon the findings in the attached resolutions. RECOMMENDATIONS: Move to adopt Planning Commission Resolution 98- recommending to the City Council certification of Environmental Assessment 98-351; and, 2. Move to adopt Planning Commission Resolution 98- recommending to the City Council approval of General Plan Amendment 98-056; and, 3. Move to adopt Planning Commission Resolution 98- recommending to the City Council approval of Zoning Code Amendment 97-057. Attachments: 1. Sample Survey of Rocky Hillside Areas Using Proposed Boulder Field Criteria 2. Riverside County Comprehensive General Plan - Slopes and Erosion -Land Use standards excerpt 3. City of Indian Wells Hillside Development Ordinance excerpt. 4. Letter from John Criste, June 16, 1998 Available in the Community Development Department: A. Planning Commission Minutes, Dec. 12, 1997 B. City Council Field Trip Minutes, Jan. 21, 1998 C. Planning Commission Field Trip Minutes, Feb. 10, 1998 D. Planning Commission Minutes, Feb. 24, 1998 E. Planning Commission Minutes, May 12, 1998 Prepared by: L SLIE MOURIUAND Associate Planner Submitted by: ? CHRISTINE DI IORIO Planning Manager PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-351 PREPARED FOR GENERAL PLAN AMENDMENT 98-056, AND ZONING CODE AMENDMENT 97-057 ENVIRONMENTAL ASSESSMENT 98-351 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of February, 12th day of May, 9th day of June, and the 23'd day of June, 1998, hold duly -noticed Public Hearings to consider Environmental Assessment 98-351, General Plan Amendment 98-056, and Zoning Code Amendment 97-057; and, WHEREAS, said General Plan Amendment and Zoning Code Amendment have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970"(as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 98-351); and, WHEREAS, the Community Development Director has determined that said General Plan Amendment and Zoning Code Amendment will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending certification of said Environmental Assessment: 1 . The proposed General Plan Amendment and Zoning Code Amendment will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts can be identified beyond those associated with the current General Plan policies and Zoning Code standards. 2. The proposed General Plan Amendment and Zoning Code Amendment will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number Planning Commission Resolution 98- Environmental Assessment 98-351 June 23, 1998 or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory, as no new impacts beyond those associated with the current General Plan and Zone Code have been identified. 3. The proposed General Plan Amendment and Zoning Code Amendment do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. No significant effects on environmental factors have been identified. 4. The proposed General Plan Amendment and Zoning Code Amendment will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Amendments. 5. The proposed General Plan Amendment and Zoning Code Amendment will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitutes the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby recommend to the City Council certification of Environmental Assessment 98-351 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of June 1998, by the following vote, to wit: AYES: NOES: ABSENT: ":\1,ESLID\pc Res I.A 98-351.wpd Planning Commission Resolution 98- Environmental Assessment 98-351 June 23, 1998 ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California 1':\I,1:SI.11?\pc Res FA 98-351.wpd Appendix I Environmental Checklist Form 1. Project Title: Hillside/Unique Geology Overlay District EA 98-351 2. Lead Agency Name and Address: City of La Quinta 3. Contact Person and Phone Number: Leslie Mouriquand, (760) 777-7068 4. Project Location: City-wide 5. Project Sponsor's Name and Address: City of La Quinta 6. General Plan Designation: Hillside Conservation Overlay 7. Zoning 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) PALESLIE\New EA 98-351.wpd -1- Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages Land Use and Planning Transportation/Circulation Public Services Population and Housing X Biological Resources X Utilities and Seance Systems X Geological Problems Energy and Mineral Resources X Aesthetics Water Hazards X Cultural Resources rlAir Quality Noise Recreation X Mandatory Findings of Significance Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared 11 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 11 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (be) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. l� Sipfiature T� Date _Leslie Mouriquand Printed Name City of La Quinta For -2- Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. See the sample question below. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 7) This is only a suggested form, and lead agencies are free to use different ones. P:\I.ESLIF\New FA 98-35 Lwnd -3 - Sample question: I. IT. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: Landslides or mudslides? (1,6) (Attached source list explains that 1 is the general plan, and 6 is a USGS topo map. This answer would probably not need further explanation.) LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source#(s): ) Potentially Potentially Significant Less Than Significant Uniess Significant No Impact Mitigated Impact Impact b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project'? ( ) X c) Be incompatible with existing land use in the vicinity? ( ) X d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? ( I X e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension or major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) I I I X 1 -1 P: LESIADINew EA 98-35I.wpd Potentially Potentially Significant Less Than Significant Unless Significant No Issues (and Supporting Information Sources): Impact ;Mitigated Impact Impact I -F I b) Seismic ground shaking? ( ) X c) Seismic ground failure, including liquefaction? ( ) X d) Seiche, tsunami, or volcanic hazard? ( ) X e) Landslides or mudfdows? ( ) X 0 Erosion, changes in topography or unstable soil conditions from excavation. grading, or fill? ( ) X g) Subsidence of the land? ( ) X h) Expansive soils? ( ) X i) Unique geologic or physical features'? X IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns or the rate and amount of surface runoff? ( ) X b) Exposure of people or property to water related hazards such as -T -1 flooding? ( ) X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) X d) Changes in the amount of surface water in any water body? ( ) X e) Changes in currents, or the course or direction of water movements? ( ) X P^I.ESLIF\New FA 98-351.wpd N Issues (and Supporting Information Sources): Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. or through substantial loss of groundwater recharge X capability'? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies'? ( ) AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation'? ( ) b) Expose sensitive receptors to pollutants? ( c) Alter air movement. moisture, or temperature, or cause any change in climate'? ( ) `C d) Create objectionable odors'? ( VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) M�m b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( ) X c) Inadequate emergency access or access to nearby uses? ( d) Insufficient parking capacity on -site or off -site? ( VII. Issues (and Supporting Information Sources): e) Hazards or barriers for pedestrians or bicyclists? ( ) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) X g) Rail. waterborne or air traffic impacts'? ( I I I I X BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ( ) X b) Locally designated species (e.g., heritage trees)? ( c) Locally designated natural communities (e.g., oak forest, coastal habitat. etc.)? ( ) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( e) Wildlife dispersal or migration corridors'? ( VIIL ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? P:\I.ESI.IE\New EA 98-351.wpd IX. X. Issues (and Supporting Informtation Sources): HAZARDS. Would the proposal involve: Potentially Potentially Significant Less Than Significant t'niess Significant No Impact vlltigated Impact Impact a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil. pesticides, chemicals. or radiation)'? X b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) X c) The creation of any health hazard or potential health hazard? ( ) X d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass. or trees? X NOISE. Would the proposal result in: a) Increases in existing noise levels? ( b) Exposure of people to severe noise levels? ( XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( b) Police protection? ( ) c) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? ( ) M�� Issues (and Supporting Information Sources): XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies. or substantial alterations to the following utilities: a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage'? ( ) f) Solid waste disposal'? ( ) g) Local or regional water supplies? ( ) XIIL AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) b) Have a demonstrable negative aesthetic effect? ( c) Create light or glare'? ( ) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources'? ( ) b) Disturb archaeological resources? ( ) Potentially Potentiallv Significant Bess Than Significant Unless Significant No Impact :Mitigated Impact Impact M�m ��M P:\I.ESLIE\New EA 98-351.wpd Issues (and Supporting Information Sources): c) Affect historical resources? ( d) Have the potential to cause a physical change which would affect unique ethnic cultural values'? ( ) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact e) Restrict existing religious or sacred uses within the potential impact area? ( ) X XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities'? ( ) b) Affect existing recreational opportunities? ( XVL MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels. threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare to endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory'? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X d) Does the project have environmental effects which will cause substantial adverse Cffects on human beings, either directory or indirectiv? P:`.LESI.IE\tiew EA 98-35l.wpd -1( XV111. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process. one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects 'Acre addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. P:J.ESLIE\New EA 98-351.wpd INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 98-351 Zoning Code Amendment 97-057 and General Plan Amendment 98-056 Hillside/Unique Geology Overlay (HUGO) District Applicant: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Prepared by: City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 V L� Leslie Mo iquand Associate Planner January 15, 1998 *Revised May 4, 1998 TABLE OF CONTENTS Section Page 1 INTRODUCTION....................................................3 1.1 Project Overview ................................................... 3 1.2 Purpose of Initial Study ............................................ 3 1.3 Background of Environmental Review ................................... 4 1.4 Summary of Preliminary Environmental Review ............................ 4 2 PROJECT DESCRIPTION ............................................. 4 2.1 Project Location and Environmental Setting ............................... 4 2.2 Physical Characteristics .............................................. 4 2.3 Operational Characteristics ............................................ 5 2.4 Objectives........................................................5 2.5 Discretionary Actions ................................................ 5 2.6 Related Projects ................................................... 5 3 ENVIRONMENTAL ASSESSMENT ..................................... 5 3.1 Land Use and Planning .............................................. 6 3.2 Population and Housing ............................................. 7 3.3 Geologic Problems ................................................. 9 3.4 Water..........................................................13 3.5 Air Quality......................................................16 3.6 Transportation/Circulation.......................................... 19 3.7 Biological Resources .............................................. 21 3.8 Energy and Mineral Resources ....................................... 22 3.9 Hazards........................................................23 3.10 Noise..........................................................24 3.11 Public Services ................................................... 25 3.12 Utilities and Service Systems ...... 3.13 Aesthetics......................................................30 3.14 Cultural Resources ................................................ 31 3.15 Recreation......................................................32 4 MANDATORY FINDINGS OF SIGNIFICANCE .......................... 33 5 EARLIER ANALYSES ............................................... 33 Page 2 SECTION 1: INTRODUCTION 1.1 PROJECT OVERVIEW The purpose of this Initial Study is to identify the potential environmental impacts of the proposed Zoning Code Amendment 97-057 to Chapter 9.140. Hillside Conservation Regulations, and General Plan Amendment 98-056 for the City of La Quinta. The proposed amendments affect all areas within the City of La Quinta that are within the current Hillside Conservation (HC) Overlay District, and other areas meeting the criteria for inclusion in the overlay district per the proposed amendments. Among the proposed amendments is a change in name to Hillside/Unique Geology Overlay (HUGO) District. This change is proposed because areas other than just hillsides are included in the proposed regulations. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). The Lead Agency is the public agency which has the principal responsibility for adopting Zoning Code Amendments and General Plan Amendments, which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to adopt Zoning Code and General Plan text amendments. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the proposed amendments, the City of La Quinta Community Development Department staff has prepared this Initial Study. This document provides a basis for determining the nature and scope of the subsequent environmental review for the proposed amendments. The purposes of the Initial Study, as stated in Section 15063 of the State CEQA Guidelines, include the following: To provide the Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration of Environmental Impact for the amendments; To enable the applicant, or the City of La Quinta, to modify the amendments, mitigating adverse acts before an EIR is prepared, thereby enabling the amendment to qualify for a Mitigated Negative Declaration of Environmental Impact; To assist the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed amendments; To facilitate environmental review early in the crafting of the amendments; To provide documentation for the findings in a Negative Declaration that the amendment will not have a significant effect on the environment; Page 3 To eliminate unnecessary EIR's, and, To determine whether a previously prepared EIR could be used with the amendments (Source: A-25). 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW The proposed Zoning Code and General Plan amendments were deemed subject to the environmental review requirements of CEQA because of the potential for land use, density, and aesthetic impacts resulting from development in the HUGO District. An Initial Study Checklist and Addendum were prepared for review by the La Quinta Planning Commission and certification by the La Quinta Citv_ Council. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This Initial Study indicates that there is potential for adverse environmental impacts for five issue areas contained in the Environmental Checklist. These issue areas are Land Use and Planning, Geologic Problems, Biological Resources, Aesthetics, and Cultural Resources. Mitigation measures are recommended for the proposed amendments, where possible, which will reduce any identified potential impacts to less than significant levels if implemented on a project -by -project basis. As a result, a Mitigated Negative Declaration of Environmental Impact will be recommended for this project. An Environmental Impact Report will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quints is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley, in Riverside County, California. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and County, federal, and state lands to the south. The City of La Quinta was incorporated in 1982. The proposed Zoning Code and General Plan Amendments will apply to all areas within La Quinta designated in the Hillside/Unique Geology Overlay (HUGO) District, or are indirectly affected by these regulations (Source: B-5). 2.2 PHYSICAL CHARACTERISTICS The proposed Zoning Code and General Plan Amendments do not have physical characteristics, but rather are portions of regulatory documents for the City of La Quinta, California. However, their adoption and implementation could have a physical manifestation within the City. Page 4 2.3 OPERATIONAL CHARACTERISTICS The proposed text amendments would regulate development within the HUGO District within the City of La Quinta. The amendments would serve as the "local law" regarding development in the areas determined to be within the HUGO District. If approved, the proposed General Plan amendment would permit density bonuses for hillside parcels not exceeding 20% of the General Plan designation. The proposed Zoning Code Amendments would provide a clarified and simplified guide to hillside and canyon development standards and procedure for review (Source: B-6). Proposed development within the HUGO District would be subject to a Conditional Use Permit and Site Development Permit processes, so that unique situations can be addressed individually while maintaining a sensitivity for development within hillsides, canyons, boulder fields, and other areas determined to be within the HUGO District. 2.4 OBJECTIVES The objective of the proposed Zoning Code Amendment is to maintain development in the HUGO District below the 20% slope gradient, and in areas where there are pockets of land that are under 20% slope, in order to provide the same level of preservation consideration to natural and cultural resources found within the HUGO District. All proposed development within the HUGO District would be subject to the Conditional Use Permit and Site Development Permit processes. In addition, there are newly proposed definitions to clarify concepts and issues. The proposed General Plan Amendment would provide for density bonuses from HUGO-designated parcels not exceeding 20% of the General Plan density designation. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency that calls for the exercise of judgment in deciding whether to approve a project or regulatory document. For the proposed amendments, the government agency is the City of La Quinta. The proposed amendments will require discretionary approval and adoption by the Planning Commission and City Council. 2.6 RELATED PROJECTS There are no other currently related projects to the proposed Zoning Code and General Plan Amendments. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the land use compatibility and zoning consistency considerations of the proposed text amendments, for both the Zoning Code and the General Plan. The CEQA Checklist issue areas are evaluated in this addendum. For each Page 5 checklist item, the environmental setting is discussed, including a description of the existing conditions within the City and the areas affected by the proposed amendments. Thresholds of significance are defined either by standards adopted by responsible or trustee agencies, or by referring to criteria in CEQA (Appendix G). 3.1 LAND USE AND PLANNING Regional Environmental .Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County. The valley is abundant with both desert plant and animal life. The topographical relief ranges from -237 feet below mean sea level (msl) to about 2,000 feet above msl. The valley is a part of the Colorado Desert region. Surrounding the valley are the San Jacinto Mountains, the Santa Rosa Mountains, the Chocolate and Orocopia Mountains, and the San Bernardino Mountains. The San Andreas fault transects the northeastern edge of the valley. Local Environmental .Setting The proposed amendments will directly affect all areas of the City within the HUGO District, and possibly indirectly affect areas in residential zoning districts (such as those properties that receive density credits from other parcels). Currently those areas within the existing Hillside Conservation Overlay District are also within the Open Space designated areas on the City's General Plan. The HUGO District is the proposed new name for this district that will also include canyons, geologic features, boulder fields, and other unique geologic areas meeting the criteria stated in the proposed ordinance amendments. A. Would the project conflict with the general plan designation or zoning? Less Than Significant Impact. The Zoning Code Amendment includes the proposal to maintain the slope gradient level at 20% as the line of demarcation to define the toe of slope, and include canyons, boulder fields, and other unique geologic features in addition to the hillsides surrounding La Quinta. Proposed development within the HUGO District will be subject to a Conditional Use Permit and Site Development Permit for approval. This will allow for consideration of individual environmental and design constraints and consistency with the general plan and zoning code for each proposed project. Thus, there is no additional identifiable significant adverse impact anticipated from the proposed amendments. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Less Than Significant Impact. The City of La Quinta has jurisdiction over the Zoning Ordinance and the General Plan. The primary environmental plans and policies pertinent to this proposed amendment are identified in La Quinta's General Plan, the General Plan EIR, and the La Quinta Page 6 Master Environmental Assessment. The proposed amendments have been transmitted to various agencies for review and comment regarding conflicts with environmental plans or policies. No comments have been received from outside agencies at the time of this writing. C. Would the project be incompatible with existing land use in the vicinity? Less Than Significant Impact. The proposed amendments provide clarification to, and expansion of, the existing hillside development policies and requirements. Definitions, analytical methods, and processural requirements are explained in the proposed HUGO District regulations. D. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. The La Quinta General Plan does not contain an agricultural land use designation although there are a few locations with agricultural land uses extant in the south and southeastern portions of the City. Historically, there has been farming activity in several sections of the City, however, that has largely been replaced by resort, commercial, and residential development over the past 15 years. There has never been any agriculture in the local hillsides, except for the lower areas on alluvial fans, as they are typically too steep and rocky. The proposed amendments would not affect any identified agricultural land uses or policies. E. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? Less Than Significant Impact. The proposed amendments would define the existing 20% slope gradient as the toe of slope and geologic features for application of development regulations in the HUGO District. The proposed amendment might result in the slight increase of the residential density of some parcels below the 20% slope line from the transfer of density credits from acreage above the 20% slope areas for a particular landholding or development proposal. Proposed are provisions to allow density bonus to be transferred 1) to the subdivided portion of the same property below the "toe of slope", and 2) by means of sale to any receiving parcel having residential General Plan designation. The second transfer method limits the development rights units count to not exceed 20% of the underlying General Plan density designation. This possibility will be reviewed for each development proposal by the Conditional Use Permit process required for development. 3.2 POPULATION AND HOUSING Regional Environmental.4etting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S Census, making the City the second fastest growing city in the Coachella Valley. During that time period, the number of residents in La Quinta blossomed from 4,992 to 11,215 permanent residents. From 1990 to January of 1996, the population grew from 13,070 to 18,050. During peak tourist Page 7 seasons, the population of La Quinta swells to several times the permanent resident population figure. These figures are based upon information provided by the U.S. Census Bureau, State Department of Finance, and the Coachella Valley Association of Governments (CVAG). La Quinta's population ranks sixth largest of the nine cities in the Coachella Valley. Annual average growth rate has been approximately 10% in recent years. The projected population of La Quinta by the year 2000 is anticipated to be 23,000 (Source: A-15, A-20). The average age of a City resident is 32 years. Persons over the age of 45 make up 27% of the City's population (Source: A-15, A-20). In addition to permanent residents, La Quinta has approximately 9,300 seasonal residents who spend three to six months in the City. It is estimated that 30% of all housing units in the City are used by seasonal residents (Source: A-15, A-20). The total housing stock as of 1996, is listed at 9,352 units. Single family units make up 68 percent of the available housing stock. The housing unit breakdown is as follows: 8,624 detached single family, 481 multi -family units, and 247 mobile homes. The average number of persons per household is 3.15 (Source: Department of Finance 1996). Median home prices in La Quinta are approximately $112,000 which is lower than the average for Riverside County ($120,950), but less than other Southern California counties (Source: A-26). Ethnicity information from the 1990 Census revealed that the composition of La Quinta's population is 70% Caucasian, 26% Hispanic, 2% Afro-American, 1.5% Asian, and 1.0% Native American. The 1990 Census indicates that 81 % of the La Quinta residents are high school graduates and 21 % are college graduates (Source: A-15). Local Environmental.Setting The proposed HUGO District areas are sparsely populated. Currently, there are only six single family residential lots (Tradition Project) within the Hillside Conservation Overlay District. A. Would the project cumulatively exceed official regional or local population projections? Less Than Significant Impact. The proposed amendments do not include specific development, but rather regulate future development in the HUGO District. Development density allowances could be transferred from the area above 20% at a factor of 1 dwelling unit per each ten acres, if the transfer is to a portion of the same parcel or contiguous ownership. Such transfers must be deemed to be in conformance with the Zoning Code Development Standards for the appropriate residential zone. If density transfers were approved, there could be a slightly higher density in the project areas below 20% slope than normally would be permitted by the General Plan designation for some residential land use designations. This potential increase in residential density is not anticipated to create significant adverse impacts upon the environment (Sources: A-1, B-1). Page 8 B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Less Than Significant Impact. The proposed amendments will make only a cumulative impact to the existing major infrastructure within the developed areas of the City, which could be altered or required to be extended to service particular project sites. This impact is not anticipated to be significant, as there is existing infrastructure in place. Each utility provider is requested to comment on new development proposals as they are before the City for approval. Expansion of infrastructure is reviewed on a project -by -project basis. C. Would the project displace existing housing, especially affordable housing? No Impact. The proposed amendments do not have any identifiable direct affect upon affordable housing issues and does not include the displacement of existing housing units. Thus, there is no identifiable adverse impact to the supply of affordable housing. 3.3 GEOLOGIC PROBLEMS Regional Environmental Vetting The City of La Quinta has a relatively flat, but gently sloping topography, except for the hillside and canyon areas on the southern and western portions of the City. Elevations in the southeastern portion of the City reach 1,400 feet above msl. Slopes on the valley floor area of the City are gentle, except in the rolling sand dune areas. The alluvial soils that make up most of the City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands. The Coachella Valley is underlain by hundreds of feet to several thousand feet of Quaternary fluvial, lacustrine, and aeolian soil deposits. Slopes on the hillsides extend to the very steep, exceeding 40 and 50% in certain places. The Coachella Valley consists of a trough that is bounded by high terrain. The upwind end of the trough is considered to be the San Gorgonio Pass area. From this northwestern extreme, the trough extends for about 30 miles to its downwind end. The Whitewater River is the Valley's major watercourse. The seismicity of the Valley is dominated by the San Andreas Fault, which is approximately 4 miles from the City at its nearest point. In the event of an earthquake, the intensity of groundshaking will be affected both by distance from the fault and by the thickness of alluvial and sedimentary cover overlying hard bedrock. North of the City lies the Palm Springs Sand Ridge. This large sand ridge has been formed by the strong prevailing winds that continually move sand and debris in southwesterly direction down the Coachella Valley. Page 9 Local Environmental Setting The areas where the Hillside Conservation Overlay Districts are located consist of hillside and geologic features. Many of the unique geologic features are products of the erosion of the Santa Rosa Mountains, which consist of large blocks of igneous and metamorphic complex that have been uplifted by faulting. The boundary of the HUGO District includes all hillside land, except for sand dunes, located above the toe of slope boundary. The toe of slope boundary shall be the boundary between the HUGO conservation areas and developable land. The boundary shall be determined by the Public Works Department/City Engineer per the requirements contained in the proposed HUGO District regulations. Also included in the HUGO District are those areas that are relatively flat pockets of land less than 20% slope. These areas may also be developed under an approved conditional use permit and site development permit. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Than Significant Impact. There are inferred fault lines located within the City of La Quinta. These fault lines are considered potentially active, although no activity has been recorded for the last 10,000 years. A major earthquake along these faults would be capable of generating seismic hazards and strong ground shaking effects in the area. None of the inferred faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. All structures developed on the City are required to be constructed to current Uniform Building Code (UBC) seismic standards in order to mitigate risk of collapse to the extent feasible (Sources: A-1, A-2, A-3; A-22). The proposed amendments are not anticipated to significantly impact fault rupture issues, however, development in the hillsides would be reviewed on an individual project basis. Site suitability studies prepared by qualified geologists are required to be submitted with each proposed hillside development proposal. While accurate earthquake predictions are not possible, significant geologic information and statistical analysis have been complied, analyzed, and published intensely by various agencies over the past 25 years. It has been reported that a 22% conditional probability occurrence for the 30-year period from 1994 to 2024 that a magnitude 7.5 event or greater would occur along the Coachella Valley segment of the San Andreas Fault. The primary risk to the City is from the San Andreas Fault. The Coachella Valley Segment of the fault comprises the southern 115 km of the fault zone. This segment has the longest elapsed time of any portion of the San Andreas Fault, last experiencing an event about 1690 AD based on USGS dating of trench surveys near Indio. The San Andreas Fault zone is considered to have characteristic earthquakes that ruptures each fault segment. The San Andreas Fault may rupture in multiple segments producing a higher magnitude earthquake. Fault rupture is anticipated to occur at areas near the well -delineated regional fault lines as shown on United States Geological Survey and California Division of Mines and Geology maps. However, Page 10 because the City is located in a region of high tectonic activity, the potential for surface rupture on undiscovered or new faults that may underlie the City can not be discounted (Source: A-17). B. Would the project result in or expose people to potential impacts involving seismic ground shaking? Potentially Significant Unless Mitigated. All areas within the City are subject to ground shaking hazards from regional and local events. Any habitable structure constructed in the City will be required to meet current seismic standards of construction for the Seismic Zone that they are located in, to minimize or reduce to the extent feasible, the risk of structural collapse, this includes structures built in the HUGO District (Sources: A-1, A-2). The proposed amendments are not anticipated to have any additional adverse effect upon ground shaking issues. The primary seismic hazard in the City is strong ground shaking from earthquakes along the San Andreas and San Jacinto (Source: A-1, A-2, A-10). Strong ground motion resulting from earthquake activity along the nearby San Andreas or San Jacinto fault systems is likely to impact all structures during the anticipated lifetime of such structures. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The La Quinta Master Environmental Assessment indicates that there are areas with a recognized liquefaction hazard. However, the majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the ground surface. Areas within the HUGO Districts are typically not within the liquefaction hazard zones, as these hazard zones are on the flatter desert floor areas of the City, while the HUGO District is typically in the higher elevations (Source: A-2, A-10). The proposed amendments are not anticipated to expose potential development in the HUGO District to any significant adverse impact from ground failure or liquefaction events. No required mitigation measures are identified for this issue. D. Would the project result in or expose people to potential impacts involving seismicity: seiche, tsunami or volcanic hazard? No Impact. The City is located in an inland valley separated from the Pacific Ocean by mountain ranges, and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast portion of the City, might experience some moderate wave activity as a result of an earthquake and ground shaking. Areas within the HUGO District are typically at higher elevations and would not likely be impacted by these kinds of natural events (Source: A-2, A-17). The proposed amendments are not anticipated to expose potential development to significant adverse the hazards from seiches, tsunamis, or volcanic episodes. No mitigation is required for this issue. Page 11 E. Would the project result in or expose people to potential impacts involving landslides or mudflows? Potentially Significant Unless Mitigated. The terrain of HUGO District areas is typically rocky hillsides, but can include geologic features. There could be a potential danger to structures and people from landslides and rockfall from steep slope gradients that might be located adjacent to developable areas in the HUGO District. No mudflows are anticipated in the area, as the adjacent hills and mountains are formed of rocky granodioritic material that typically does not go into solution from rainfall. Much of the developed area of the City is protected from flood waters by earthen training dikes and retention basins that are located throughout the City. It is a requirement of development applications to submit a report prepared by the Registered Geologist assessing the stability of a project sites in the HUGO District that will assess each of these hazards on a project -specific basis. (Source: A-2, A-17). The recommendations of these reports serve as project -specific mitigation. F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Less Than Significant Impact. Any proposed development in the HUGO District is anticipated to result in potential impacts involving erosion, changes in topography, and possibly unstable soil conditions from excavation, grading and fill. Soil studies and site suitability studies are required to be submitted with each development application. These studies are used to determine physical constraints and mitigation measures. for a project which affect the design of a development. The proposed amendments are not anticipated to increase the impacts from erosion and other unstable soil conditions beyond the level of impacts that currently exist as a result of development governed by the current Hillside Conservation Overlay District. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. Dynamic settlement results in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. Hillside Districts are not typically located in areas designated with subsidence hazards, thus there is no anticipated significant impact from the proposed amendments. (Source: A-2). H. Would the project result in or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to issuance of building and grading permits for hillside development at any slope gradient (Sources: A-6). All proposed development in the HUGO District will be required to submit a soils study for review. These studies are used to determine physical constraints and the appropriate grading and excavation techniques required for a specific area which serve as mitigation. Each development project is reviewed on an individual basis. Page 12 The proposed amendments are not anticipated to have any adverse impact on the requirement for stable soil. I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? Potentially Significant Unless Mitigated. The local mountains represent unique geologic features in the La Quinta area. There could be direct significant adverse impact on these resources from development in the HUGO District. Each proposed development application will be reviewed for impacts to the geologic features present on specific project sites, with determinations and recommended mitigation measures, under an approved Conditional Use Permit and Site Development Permit. 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layers of rock material containing water) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater Basin which is the major water supply for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via domestic water wells in the City operated and administered by the Coachella Valley Water District (CVWD). The district has its own local wells and has contractual entitlements to Colorado River water. It holds future entitlements to northern California water from the State Water Project (Source: A-2). La Quinta is located primarily in the Lower Thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the Upper and Lower Valley Sub -Basins near Point Happy, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated and distributed to users through the existing (potable) water distribution system. Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet are considered excellent. Page 13 Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be necessary in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in the Lake Cahuilla reservoir; lakes in private developments which are comprised of canal water and/or untreated groundwater, and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa and Coral Reef Mountains accelerates the runoff flowing down to the intermittent streams that drain the mountain watersheds. The majority of La Quinta is protected from this runoff by the existing flood control facilities located throughout the City. There are some hillside areas where there is no protection from flood waters to the lower elevations. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls, total dissolved solids (TDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta participates. Most of La Quinta is protected from storm water runoff by a stormwater system designed by Bechtel for the Coachella Valley Water District to protect currently developed and potentially developable areas of the City from damage during a major rainflood event. The system project was based on a flood control plan for the general area developed by Bechtel for the District in 1970. Construction was completed in November 1986 (Source: A-27). Local Environmental.Vetting The City does not have any natural standing bodies of water in the hillsides, other than Army Corps designated blue -line streams. Lake Cahuilla is a man-made reservoir located in the southeastern portion of the City and is part of the CVWD water supply system. The Whitewater River channel transects the northern part of the City, but is dry except during seasonal storms. The La Quinta Stormwater Channel is a man-made flood water evacuation channel that transects the City in a northeast to southwest trend, and is a part of the community -wide network of flood control facilities. The local hillsides provide watershed to the desert cove area on a seasonal basis. The City currently has only limited areas which are still subject to storm water flow or flooding. Flood prone areas are designated with a specific zoning district (Watercourse, Watershed, and Conservation Areas: W-1). The intent of this zoning district is to allow development in flood prone area based upon the submittal of drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. Page 14 A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Less Than Significant Impact. There usually are changes in absorption rates, and sometimes drainage patterns or surface runoff as a result of proposed development projects. The absorption rate will be altered by the paving of streets, construction of buildings, and landscaping. The drainage patterns can be altered by man-made drainage facilities designed to serve a particular project. The City typically requires that stormwater falling on a development site during the peak 24-hour period of a 100-year storm shall be retained on site to protect adjacent properties from flood damage. Each project is reviewed on an individual basis, with review by the Army Corps as necessary. The proposed amendments are not anticipated to significantly alter this requirement. The City of La Quinta requires that all runoff storm and nuisance water be retained on site. There is no city-wide master drainage plan. Drainage plans are project -specific and as such are reviewed by the City Engineer prior to project approval. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less Than Significant Impact. Plans for stormwater protective works shall be submitted to the CVWD and the City Engineer for review and approval for every proposed development project, including hillside projects. Mitigation for flood hazard is project specific within the context of the community -wide flood protection system. For projects areas including blue -line streams, review by the Army Corps is required. The proposed amendments are not anticipated to have a significant effect upon this review process. C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. Storm and nuisance runoff will be required to be retained and disposed of on site in an approved percolation device. Plans for such devices are submitted on a project by project basis. The proposed amendments are not anticipated to result in any significant adverse impact to the existing policies and standards for storm and nuisance runoff. D. Would the project result in changes in the amount of surface water in any water body? Less Than Significant Impact. It is possible that a specific development project could propose a change in the amount of water of a body of water. This issue would be assessed on a project by project basis with appropriate mitigation, if feasible, recommended for the project. There are very few bodies of water in La Quinta. The proposed amendments permitting development in the HUGO District are not anticipated to adversely impact this issue. E. Would the project result in changes in currents, or the course or direction of water movements? Page 15 Less Than Significant Impact. The City of La Quinta does not have any existing natural bodies of standing water or year-round rivers that would be affected by the proposed amendments. There are many small man-made lakes and ponds on golf courses within the City. The La Quinta Evacuation Channel is a man-made stormwater channel that is usually dry except for runoff from seasonal storms. Future development of hillside areas at any slope gradient could affect, to a significant degree, existing drainage corridors (Source: A-2). A drainage plan is required for all proposed developments. This issue is considered on a project by project basis under the Conditional Use Process. F. Would the project result in changes in quantity of ground waters, either through direct additions or withdrawal, or through interception of an aquifer by cuts or by excavations? Less Than Significant Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. Potable water to service hillside development will most likely come from existing groundwater wells in the near vicinity. The Coachella Valley Water District furnishes domestic water and sanitation service to the City (Sources: A-2). All development applications are reviewed by CVWD for water -related issues. The proposed amendments are not anticipated to have a significant effect upon domestic water issues. G. Would the project result in altered direction or rate of flow of groundwater? Less Than Significant Impact. As with any project using substantial amounts of water, there will be cumulative impacts to quantity of groundwater resources. It is not anticipated that there will be any significant alteration to the direction of flow of the groundwater supply from hillside development, however, the rate of flow may be impacted due to high demand for water by large developments. Groundwater is reported to be below 100 feet in the City. Each project is considered separately by the City and CVWD for water -related issues. The proposed amendments are not anticipated to have a significant effect upon ground water issues. H. Would the project result in impacts to groundwater quality? Less Than Significant Impact. Development of a project site at any slope gradient will include concrete and asphalt pavement of portions of the site. This pavement will reduce the absorption ability of the ground. Storm water runoff is to be discharged into approved retention areas. Following a heavy rain, contaminates could be transported into the retention areas or into the City's storm drain system that could contribute to groundwater and/or surface water pollution. However, this potential impact is anticipated to be less than significant in most instances. A review of the drainage plan for a proposed development project should identify potential problems that will affect groundwater quality. The proposed amendments are not anticipated to have a significant affect upon impacts to groundwater quality. 3.5 AIR QUALITY Page 16 Regional Environmental Vetting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and in particular, the Southeast Desert Air Basin (SEDAB) division. SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). A discussion of the jurisdictional organization of SCAQMD and requirements is found in the La Quinta MEA. The air quality in Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U. S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter (PM-10). In the Coachella Valley, the standard for PM-10 is frequently exceeded. PM-10 is a particulate matter 10 microns or less in diameter that becomes suspended in the air due principally to winds, grading activity, and by vehicles traveling on paved and unpaved roads. Wind currents can carry the PM-10 into the atmosphere and into the hillside areas. PM-10 has been proved to be a health hazard to humans. Local Environmental .Setting The City of La Quinta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMD, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs, and the other in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? Less Than Significant Impact. The South Coast Air Quality Management District CEQA Air Quality Handbook indicates that the threshold for significance for a single family housing development is 170 units. This threshold is applicable for hillside development as well. Given that hillside development is currently permitted at a density of 1 unit per 10 acres for areas above the toe of slope, a hillside project would have to consist of 1700 acres before an air quality study would be Page 17 triggered by the threshold. It is doubtful that a specific hillside development project would include 1700 acres of hillside in La Quinta. This would involve several sections of land in contiguous ownership for which the current ownership of hillside land is typically not more than one section per one owner. The current ownership of hillside land includes private, state and federal. With most sections owned by one entity. State and federal owned land is not designated for development, but rather various types of conservation and preservation management designations which would preclude development. Each development application in the HUGO District will be reviewed and assessed for air quality impacts during an Initial Study. The proposed amendments are not anticipated to create any significant adverse impacts on air quality issues. B. Would the project expose sensitive receptors to pollutants? Less Than Significant Impact. Sensitive receptors include schools, day care centers, parks and recreation centers, medical facilities, rest homes, and other land uses that include a concentration of individuals recognized as exhibiting particular sensitivity to air pollution. The Ambient Air Quality Standards (AAQS) are designed to protect that segment of the public most susceptible to respiratory distress or infection, referred to as "sensitive receptors." (Sources: A-1, A-2, A-8),If a proposed project exceeds the significance threshold for air quality impacts, there could be adverse impacts to sensitive receptors. It is not anticipated that proposed hillside development at any slope gradient will exceed the threshold. Therefore, anticipated impacts from the proposed amendments are less than significant for hillside single family development. However, each development application will be assessed on an individual basis under the Conditional Use Permit process, with appropriate mitigation measures required as necessary. C. Would the project alter air movements, moisture, temperature, or cause any change in climate? No Impact. Hillside development is not anticipated to result in any significant impact to climatic issues at any slope gradient. There are no known significance thresholds for this topic area in which to assess impacts to the climate, thus no definitive statements can be made on this issue regarding impacts and their significance. D. Would the project create objectionable odors? Less Than Significant Impact. Vehicles traveling on nearby streets generate gaseous and particular emissions that may be noticeable on project sites. However, these would be short-term odors that should dissipate quickly. Projects might store small quantities of chemicals (cleansers and disinfectants) for which their could be odors, but storage of such chemicals is limited to inside buildings. Each project will be assessed on an individual basis. The proposed amendments are not anticipated to result in any significant adverse impact from odors on the environment at any slope gradient. Page 18 3.6 TRANSPORTATION/CIRCULATION Regional Environmental .Vetting La Quinta is a desert community of over 18,600 permanent residents, and approximately 9,500 seasonal residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system is a combination of early road work constructed in the 1930's by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late -winter, early - spring months representing the peak tourist season and highest traffic volumes. Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Washington Street connects the Cove and Village areas with the community of Palm Desert to the west. Two lines operate along Highway I I 1 serving trips between La Quinta and other communities in the desert. There are only a few existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems will be expanded as the City grows. These facilities, both existing and future, are designated in the La Quinta General Plan. Local Environmental. Setting Hillsides around La Quinta vary from alluvial fans to rocky mountain faces. The potential for road construction in hillside areas varies with project design and physical constraints. Roadways may not exceed 15% grade per the Fire Marshal's standards. Currently there are very few roadways at the 15% slope gradient in the hillside areas within the City. All new roadways within the HUGO District would be subject to review and approval through the Conditional Use Permit and Site Development Permit processes. A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. Vehicles trips and traffic congestion is assessed on a project by project basis to determine impacts and mitigation. Density transfers from higher elevations could increase traffic in areas that receive transferred units. The proposed change from 20% slope to 15% slope are not anticipated to have a significant adverse impact upon traffic congestion. Each project will be assessed for impacts to this issue on an individual basis. Page 19 B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Less Than Significant Impact. It is possible that hazards to safety from design features could result from proposed development projects in the hillsides. Impacts and mitigation will be determined on a project by project basis. C. Would the project result in inadequate emergency access to nearby uses? Less Than Significant Impact. Proposed projects are not permitted to obstruct emergency access to surrounding land uses. This issue will be assessed on a project by project basis for impacts and mitigation. It is not anticipated that there would be significant impacts from the proposed amendments. D. Would the project result in insufficient parking capacity on -site or off -site? Less Than Significant Impact. Parking needs and requirements are reviewed on a project by project basis in accordance with Zoning Code Chapter 9.150 Off -Street Parking Requirements. It is not anticipated that there would be significant impacts from the proposed amendments. E. Would the project result in hazards or barriers for pedestrian or bicyclists? Less Than Significant Impact. It is not anticipated that hazards to bicyclists and pedestrians will be increased significantly as a result of the proposed amendments (Source: A-1). This issue will be assessed on a project by project basis for impacts and mitigation. F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? Less Than Significant Impact. The need for alternative transportation is reviewed on a project by project basis. It is not anticipated that there would be a significant impact from the proposed amendments. There are no adopted policies requiring alternative transportation for developments unless there are over 100 employees. G. Would the project result in rail, waterborne or air traffic impacts? No Impact. There is no rail service in the City of La Quinta. The closest rail line is approximately nine miles to the north of the project site. There are no navigable rivers or waterways, or air travel lanes or airports within the City. Thus, there are no anticipated impacts upon these types of transportation from the proposed amendments. The closest airports are the Bermuda Dunes Airport, a small private facility located just south of Interstate 10, approximately one mile north of the City boundary, and the Thermal Airport, located approximately 3.5 miles southeast of the City boundary, Page 20 on Airport Boulevard in the Thermal area (Sources: A-2, A-17). This issue is considered for each development application on a project by project basis. 3.7 BIOLOGICAL RESOURCES Regional Environmental.Setting The City of La Quinta lies within the Colorado Desert regional environment. Two ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed environments within the City are classified as either urban or agricultural. A detailed discussion of these ecosystems is found in the La Quinta Master Environmental Assessment (1992). Local Environmental .Setting The majority of the areas that would be within the HUGO District are located in the Desert Transition ecosystem. The Desert Transition areas are found on alluvial fans and slopes of the surrounding mountains. It is a transition from the Sonoran Desert Scrub ecosystem and the Pinon-Juniper Woodland at higher elevations. The transition is gradual and involves an intermingling of vegetation types typically found in the Desert Scrub ecosystem and the Pinon-Juniper Woodland near the top of the Santa Rosa Mountains. The plant species in the desert transition zone benefit from slightly higher rainfall. Where creosote bush and bur -sage dominated in the desert scrub areas, cacti become more abundant and ocotillo dominate on the upper portions of alluvial fans, bajadas, and rocky mountain slopes (Source: A-2). A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Potentially Significant Unless Mitigated. There are designated habitats of endangered, threatened, or rare species known to be within the HUGO District areas in La Quinta (Source: A-2). Development projects are transmitted for comment to the U.S. Fish and Wildlife and Department of Fish and Game. Each project is assessed on an individual basis. Biology studies are required for development projects in HUGO District areas. Appropriate mitigation is required for any impacts identified. B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta as there is no City ordinance in place with which to designate local species. All significant biological resources are designated at the state and/or federal level by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. The U. S. Fish & Wildlife Service and the California Department of Fish and Game are transmitted to for review and comment on each development Page 21 application. Appropriate mitigation is required for significant impacts, which may include undevelopable habitat easements placed on portions of higher elevations (Source: A-2). C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? No Impact. There are no locally designated natural communities found in the City. The U.S. Fish & Wildlife Service and the California Department of Fish and Game are transmitted to for review and comment on each individual project. The proposed amendments are not anticipated to have a significant adverse impact upon locally designated natural communities. D. Would the project result in impacts to wetland habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There is no known wetland habitat in the HUGO District. The U. S. Fish & Wildlife Service and the California Department of Fish and Game are transmitted to for review and comment regarding this issue for each proposed development project. There is no anticipated significant impact from the proposed amendments on wetland habitats. E. Would the project result in impacts to wildlife dispersal or migration corridors? Potentially Significant Unless Mitigated. Wildlife corridors are open in the Coral Reef and Santa Rosa Mountains which provide access to the higher mountains (Source: A-2). The U. S. Fish & Wildlife Service and the California Department of Fish and Game are transmitted to for review and comment for each proposed development project. There are no anticipated significant impacts from the proposed amendments to wildlife corridors. Increasing non -buildable hillside area by reducing slope will increase wildlife corridors. 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental .Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in La Quinta come from the Imperial Irrigation District (IID), Southern California Gas Company, and various gasoline companies. Local Environmental.4etting There are no oil wells or other fuel or energy producing facilities or resources in the City. Most hillside areas are within the MRZ-3 Mineral Resource Zone. The MRZ-3 designation is applied to those areas containing mineral deposits the significance of which can not be evaluated from available data (Source: A-2). Each development project is assessed for energy and mineral resource Page 22 significance individually. There are no anticipated significant impacts to this issue area from the proposed amendments to the HUGO District. A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan, however, the City's General Plan Housing Element contains requirements for efficiency in construction and materials with the goal of reducing energy consumption. Future hillside development will be required to meet Title 24 energy requirements as is all development in the City (Sources: A-1; A-22). This issue is assessed on a project by project basis. There is no anticipated significant impact to energy conservation plans. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less Than Significant Impact. Natural resources that may be used by development projects include air, mineral, water, sand and gravel, timber, energy, and other resources needed for construction. Title 24 (of the Uniform Building Code) requirements shall be complied with for energy conservation. Any landscaping will also be required to comply with the City's landscape water conservation ordinance as well as the requirements of the Coachella Valley Water District (Source: A-2). Each development project is reviewed for impacts on an individual basis. There are no anticipated significant impact from the proposed amendments. 3.9 HAZARDS Regional Environmental.Setting Recent growth has increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not present in the City of La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County. Local Environmental.Setting In order to comply with AB 2948-Hazardous Waste Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. There are no known hazardous waste dump sites in the City's hillside areas. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including not limited to oil, pesticides, chemical, or radiation)? Page 23 Less Than Significant Impact. There is minimal risk of exposure from chemicals and pesticides used within the typical residential development project. Use of any chemicals during the construction phase or on -going operations shall be by trained personnel only according to local Riverside County Health Department, OSHA, and EPA requirements. Each development project is reviewed on an individual basis. There are no anticipated significant impacts to this issue from the proposed amendments. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? Less Than Significant Impact. Construction activities will be confined to project sites, except for minimal off -site work as permitted for project roadways, curbs, and gutters. These activities will not be permitted to interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. Needed measures to divert and control traffic shall be implemented whenever required. Traffic diversions are subject to inspection by the City's Public Works Department. C. Would the project involve the creation of any health hazard or potential health hazards? No Impact. There are no anticipated health hazards associated with the development in the hillsides beyond those normally associated with a construction project, which consist primarily of accidental injuries. This issue is reviewed for each development application. There are no significant impacts from the proposed amendments to this issue. D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no identifiable significant health hazards related to the proposed amendments to the HUGO District. All development will be required to conform to zoning standards and all applicable health and safety codes. Each development project is assessed individually. There are no anticipated significant adverse impacts to this issue from the proposed amendments. E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? Less Than Significant Impact. There is a very low fire potential from the brush, grass, or trees in the rocky hillsides or sandy alluvial fans as there is sparse vegetation. The construction of buildings will increase fire hazards for which the Fire Marshal requires conditions of approval specifying type of construction and materials. This issue is reviewed for each development project individually. There are no significant impacts anticipated from the proposed amendments to the fire hazard issue. 3.10 NOISE Page 24 Regional Environmental.4etting Noise levels in the City are created by a variety of sources within and outside the City boundaries. The major sources of noise include vehicles on City streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterial roadways. Local Environmental .Vetting The ambient noise levels at development project sites is typically dominated by vehicle traffic noise from nearby roadways. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The State Building Code requires that interior noise level in residential buildings do not exceed CNEL 45. The General Plan of the City of La Quinta requires that exterior noise levels do not exceed CNEL 60 for residential land uses (Sources: A-2, A-1). The existing noise level in the hillsides is very low. A. Would the project result in increases in existing noise levels? Less Than Significant Impact. Vehicular noise would result from residents and visitors arriving and departing the residential developments. Walls typically serve as mitigation from sound affecting and originating from proposed development project. Any hillside development will cumulatively add noise to the area. The proposed amendments are not anticipated to significantly impact this issue. B. Would the project result in exposure of people to severe noise levels? Less Than Significant Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Residential land uses should have a maximum exterior noise level of up to 60 CNEL. If the ambient noise level is higher than this standard, then it will serve as the standard. Proposed development in hillside areas will result in short-term impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. These high noise levels are short in duration and temporary with the construction phases of the project. Such high noise levels are not anticipated or permitted after construction (Source: A-1). 3.11 PUBLIC SERVICES Regional Environmental.4etting Law enforcement services are provided to the City through a contract with the Riverside County Sheriffs Department. The Sheriff's Department extends service to the City from existing facilities located in the City of Indio. There is a small substation located within the La Quinta City Hall. The Page 25 Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additionai public safety personnel requirements in La Quinta at buildout. Based on this standard, the City should have a police force of 25.5 officers, but is currently under served. Currently, there are three officers per shift with three staggered shifts per day to serve La Quinta. In addition to patrol, there is also a target team, Community Services Officer, and School Resources Officer assigned to the City (Source: A-24). Fire protection service is provided to the City by Riverside County Fire Department through a contractual arrangement. The Fire Department administers two stations in the City; Station #32 on Frances Hack Lane, west of Washington Street, and Station #70, at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently under served (Source: A-2). Currently, there are two paid firefighters per shift at each of the two fire stations in La Quinta. Volunteers supplement the paid staff Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillsides are virtually barren and the scattered brush on the valley floor is too sparse to pose a serious fire threat. Both the Desert Sands Unified School District and the Coachella Valley Unified School District serve the City. There are two elementary schools, one middle school, and one high school within the City. The City is also within the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village area of the City. The existing facility opened in 1988 and county planning standards of 0.5 square feet per capita and 1.2 volumes per capita are used to forecast future facility requirements to serve the City. Utilizing this 1992 standard, the City was under served in space but over served in terms of volumes (Source: A-2). Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility in La Quinta on Hwy. 111. The Eisenhower Medical Center is located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental.Setting Public services would be extended to hillside areas as development occurs there. Governmental services in La Quinta are provided by City staff at the Civic Center, and by other County, state, and federal agency offices located in the desert area or region. Page 26 A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? Less Than Significant Impact. Development will increase the need for fire protection due to the construction of structures. Development shall comply with the fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazard on -site and to minimize the need for fire protection services. Unobstructed fire access is required through the design of the project streets and setbacks between structures. Other code requirements (such as sprinkler systems, construction materials, etc.) shall be complied with. The comment letter from the Fire Department shall be made part of the Conditions of Approval for Site Development Permits. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Less Than Significant Impact. Traffic collisions, patrol requests, and calls for service generated by development will impact the Sheriff's Department. This will generate a cumulative need for additionai staff in the future. Each project is reviewed by the Sheriffs Department with recommendations provided on a project by project basis. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less Than Significant Impact. School overcrowding is a District -wide concern for the Desert Sands and Coachella Valley Unified School Districts. These District's ability to meet the educational needs of the public with new schools has been seriously impaired in recent years by local, state, and federal budget cuts that have had an impact on the financing of new schools. The school mitigation fee that is currently collected on all new development at the time building permits are issued is required of development project as mitigation for impacts. D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Than Significant Impact. There is a potential for the need for new or altered government services from hillside development, especially landscape and road maintenance. HUGO District development will be reviewed on a project by project basis for impacts. HUGO District development will be reviewed on a project by project basis under a Conditional Use Permit. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? Less Than Significant Impact. Building, engineering, inspection, and planning review needed for proposed projects will be partially offset by application, permit and inspection fees charged to the applicant and contractors. It is not anticipated that there will be a significant impact to City staff from Page 27 proposed hillside projects. The proposed amendments would result in HUGO District development being kept at lower elevations around the City and potential for greater density. 3.12 UTILITIES Regional Environmental ,Vervices The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and The Gas Company (TGC) for natural gas service. Existing power and gas lines and substations are found throughout the City. IID has four substations in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services for the City. Media One serves the area for cable television service. There are several wireless communication companies that provide services in the La Quinta area. The Coachella Valley Water District (CVWD) provides water and sewer service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from domestic water wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the City. The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City is served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to the only open landfill (Edom Hill) within the Coachella Valley. Local Environmental Setting There are typically no utilities available in the more remote hillside and canyon areas. The extension of utilities is dependent upon development. A. Would the project result in a need for new systems, or substantial alterations to power and gas service? Less Than Significant Impact. Power, water, sewer, and natural gas lines have been brought in to the community and are available to the urban areas of the City. Project developers will have to coordinate with IID and The Gas Company for the timely provision of utilities to hillside developments. Each development is reviewed on an individual basis. Page 28 B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less Than Significant Impact. It is possible that development in the HUGO District would result in a need for new systems. Each project will be reviewed on an individual basis. Any proposed development will require telephone communication. The developer will be required to coordinate the installation of telephone service infrastructure with GTE. Media One is the current provider of cable television services for which developers will have to coordinate with if a project is to have cable television service. The proposed amendments are not anticipated to have a significant impact on the environment, that can not be mitigated to an insignificant level. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less Than Significant Impact. It is not anticipated that the project will result in a significant adverse impact upon the water resources of the area. No significant impacts are anticipated by the proposed amendments. Rather, the amendment would serve as a mitigating effect by limiting where development could be located in the hillside area, thus, reducing the need for expansion to water distribution facilities. D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? Less Than Significant Impact. Potential development in the HUGO District will generate sewage which will have to be transported and treated by CVWD. Developer are responsible for the cost of connection and installation of an on -site sewer system. The proposed amendments are not anticipated to significantly impact sewer systems but rather would have a mitigating effect by limiting where development could be located in the hillside areas. E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Potentially Significant Unless Mitigated. It is possible that HUGO District development could require additions or changes to the existing stormwater drainage system in the City. However, this issue will be reviewed on a project by project basis. The proposed amendments could result in significant impacts on this issue from a specific development project. A careful analysis would be required with appropriate mitigation measures implemented to lessen the impact to an insignificant level. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Page 29 Less Than Significant Impact. Development projects require solid waste disposal services from the current franchisee. Solid waste is transported to the one existing landfill in the Coachella Valley. This landfill is reaching capacity and may be closed in the near future. Development must comply with the City's Source Reduction and Recycling policies. Any on -site programs will be coordinated with Waste Management. All projects will cumulatively impact solid waste systems and facilities. Each project is assessed for impacts individually. The proposed amendments are not anticipated to have a significant effect on waste disposal. 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is located within a desert valley cove with boundaries extending to the desert floor and up into the local mountains. There are hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Dominate architectural styles found in the City are Mediterranean and Spanish Revival, with a relatively low profile for residential structures and for most commercial structures. Local Environmental Setting The hillside areas are located in the south and western portion of the City. Views to the hillsides consists of the Santa Rosa and Coral Reef Mountains to the west and south, the Guadalupe Creek/Devil's Canyon alluvial fan area to the west, and the open valley floor and San Bernardino Mountains beyond to the north and northeast (Source: A-2). A. Would the project affect a scenic vista or scenic highway? Less Than Significant Impact. Viewsheds are designated by the City's General Plan. The vistas with the City include the Coral Reef Mountains adjacent to the west, the Santa Rosa Mountains to the south, and the valley floor and San Bernardino Mountains to the northeast and east. Each project is reviewed for impacts to viewsheds and vistas on a project by project basis. The proposed amendments would restrict specific types of development to slopes 20% or less, with other types of development allowed with an approved Conditional Use Permit and Site Development Permit. B. Would the project have a demonstrable negative aesthetic effect? No Impact. The proposed amendments are not anticipated to result in negative impacts to aesthetic issues in and of themselves. HUGO District development will be required to comply at the time of development with current architectural and landscaping policies and ordinances of the City. Negative aesthetic effects will be assessed for each individual development application, with mitigation to be project -specific. Page 30 C. Would the project create light or glare? Less Than Significant Impact. The proposed amendments are not anticipated to result in significant impacts to the area from light or glare. All development proposals create light and glare. Mitigation consists of compliance with the requirements of the Lighting Ordinance for residential land uses. Each project is reviewed individually for impacts and appropriate mitigation measures (Source: A-4). 3.14 CULTURAL RESOURCES Regional Environmental.Setting A portion of the prehistory of the La Quinta area is known through the archaeological record pieced together from various archaeological investigations over the past twenty years and from extensive ethnographic information collected by various anthropologists. A discussion of the prehistory and history of La Quinta is provided in the Draft Historic Context Statement of the City of La Quinta, La Quinta General Plan, and the Master Environmental Assessment. Local Environmental, -Vetting There are recorded archaeological sites in many locations of the City, including the hillsides. Project sites are surveyed in conjunction with the environmental assessment prepared for individual projects. Approximately 1/3 of the Current City area has been surveyed in conjunction with development proposals. A. Would the project disturb paleontological resources? Less Than Significant Impact. It is known that marine -associated paleontological resources are found at elevations below 42 feet above mean sea level. The hillside areas are located at higher elevations. Each project is reviewed on an individual basis. However, there are no known paleontological resources in the local hillsides. The proposed amendments would serve to protect paleontological resources, if they exist, in areas above 20% slope. B. Would the project affect archaeological resources? Less Than Significant Impacts. There are several recorded archaeological sites within the local mountains, alluvial fans, canyons, and other areas. A moderate potential remains for the discovery of archaeological resources in the hillsides where hunting blinds, sheep fences, trails, astronomical rock alignments, rock art, camp sites, and resource procurement sites have been found. Proposed development projects would be required to have an archaeological survey conducted to locate, identify, determine the significance, and recommend mitigation for any such resources on a project site. The proposed amendments would keep development at 20% slopes and below, serving as protective mitigation for archaeological resources that may be found in the steeper sloped areas. Page 31 C. Would the project affect historical resources? Less Than Significant Impacts. There were no known historic resources located in the hillsides as there have been very few surveys in these areas to locate such resources. The possibility exists that there are historic resources in the hillsides that could be significantly impacted by hillside development. The proposed amendments would restrict development to slopes not exceeding 20%, which may serve to protect resources at steeper slopes and higher elevations. This issue is assessed for each development proposal on a project by project basis. D. Would the project have the potential to cause a physical change which would affect unique ethnic values? Less Than Significant Impact. There is no identifiable specific unique ethnic values associated with the hillsides, except the desire to view the hills and keep them undeveloped as expressed by La Quinta residents during the public hearings for the Tradition project and other projects in the past. Thus, there is no significant impact to this issue area from the proposed amendments. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no publicly known current religious uses or sacred uses in the hillsides. The proposed amendments would serve to keep development at lower sloped areas which may result in the protection of unknown religious uses of the hillside areas. 3.15 RECREATION Regional Environmental.Vettting The City of La Quinta has an adopted Parks and Recreation Element and Master Plan that assesses the existing resources and facilities and the future needs of the City. The City has approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845 acre regional Lake Cahuilla Park is not included in this count. There are also unimproved bike and equestrian corridors within the City and designated pedestrian hiking trails. Local Environmental Setting Hiking and equestrian trails are the only organized recreation amenity in the local hillsides. There are informal trails and formal trails. The known recreation activities in the hillsides are hiking, rock climbing, and horse back riding. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? Page 32 Less Than Significant Impact. The proposed amendments will not significantly impact the need for additional park and recreation facilities. Each development project is reviewed for impacts and the appropriate mitigation, usually consisting of dedication of park lands or payment of an in -lieu fee to the City for development of public park and recreation facilities. B. Would the project affect existing recreational opportunities? Less Than Significant Impact. The proposed amendments is not anticipated to significantly affect existing parks and recreation facilities in the hillsides, as there are very few such facilities in the hillsides. This issue will be reviewed for impacts and mitigation on a project by project basis. SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The proposed amendments will not have unmitigable significant adverse impacts on the environmental issues addressed in the checklist and addendum. In some instances, the proposed mitigation will serve to reduce potential impacts from the existing hillside development regulations and General Plan policies. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this environmental assessment: • The proposed amendments will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. • The proposed amendments will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. • The proposed amendments will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. • The proposed amendments will not have environmental effects that will adversely affect human, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSES A. Earlier Analyses Used. Utilized in the current analysis were the following sources: 1. La Quinta General Plan (1992) 2. La Quinta General Plan Master Environmental Assessment (1992) 3. La Quinta General Plan EIR (1992) Page 33 B. C. 4. La Quinta Zoning Ordinance 5. La Quinta Municipal Code 6. Soil Survey of Riverside County, California - Coachella Valley Area, USDA -Soil Conservation Service (1979) 7. City of La Quinta Parks and Recreation Master Plan (1992) 8. SCAQMD CEQA Air Quality Handbook (Draft) (May 1992) 9. La Quinta General Plan - Final EIR Mitigation Monitoring Program (1992) 10. Riverside County Comprehensive General Plan (1989) 11. California Statewide Integrated Traffic Records System Report for the City of la Quinta 12. La Quinta Bike Route Plan: Existing and Proposed (1996) 13. La Quinta Subdivision Ordinance 14. City Aerial map 15. 1990 Census 16. (Deleted) 17. La Quinta Topographic Quad Sheet, 7.5' 18. 1949 Aerial Photograph 19. Paleontological Lakebed Determination Map 20. City of La Quinta 1995/1996 Department of Finance Estimates, 1990 Census 21. La Quinta Housing Element (1995) 22. Uniform Building Code 23. Draft Historic Context Statement for La Quinta 24. 101-301 Police Services Supporting Information 25. CEQA Guidelines 26. La Quinta Economic Overview, 1996 Project Specific Sources: 1. Site Visit 2. CVWD letter 3. Fire Marshal letter 4. Sheriff letter 5. Proposed Amended Chapter 9.140.040 HUGO District 6. Impacts Adequately Addressed. All potential impact/issue areas, are considered to be adequately addressed with this environmental assessment. Certification of this EA by the City Council will confirm the adequacy of the environmental assessment. Mitigation Measures. Mitigation measures are discussed in this addendum as they relate to the proposed amendments. Page 34 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT TO AMEND THE GENERAL PLAN LAND USE AND ENVIRONMENTAL CONSERVATION ELEMENTS REGARDING HILLSIDE DEVELOPMENT DENSITY TRANSFER CASE NO. GPA 98-056 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of February, 121h day of May, 9th day of June, and the 23'd day of June, 1998, hold duly -noticed Public Hearings to consider amendments to the City's General Plan to add language to Policy 2-1.1.3 and change language to Page 6-1 as contained in Exhibit "A"; and, WHEREAS, the amendment is internally consistent with those goals, objectives, and policies of the General Plan which are not being amended; and, WHEREAS, approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare as indicated by the environmentaB assessment prepared for General Plan Amendment 98-056. NOW THEREFORE, BE IT RESOLVED by the Planning Commission for the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitutes the findings of the Planning Commission in this case; 2. That it does hereby recommend adoption of the General Plan Amendment; Exhibit "A", attached hereto and made part of; 3. The proposed General Plan Amendment will not have environmental effects that will adverseVy affect humans, either directly or indirectly, with the implementation of this proposal. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of June 1998, by the following vote, to wit: Planning Commission Resolution 98- AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PALESLIMpc Res UPA 99-056.wpd EXHIBIT "A" GENERAL PLAN AMENDMENT 98-056 Amendment 1: (Policy 2-1.1.3, add after the existing paragraph on Page 2-8) Any owner of property within the HUGO District may transfer development rights on the basis of one residential unit per 10 acres. Development rights may be transferred as follows: 1) To the subdivided portion of the same property below the "toe of slope"; 2) By means of sale to any receiving parcel having residential General Plan designation may be allowed a density bonus not exceeding 20%. Such a transfer must be deemed to be in conformance with the Zoning Code Development standards for the appropriate residential zone. Amendment 2: (Change wording on Page 6-1, second column, under "Topography/Hillside Areas", line 14) per 10 acres. The following uses within the Hillside/Unique Geology Overlay (HUGO) District shall be permitted in areas of less than 20% slope gradient, located above the toe of slope: golf courses (not including above -ground structures, but including fairways, greens, tees, and golf - cart paths to access them), flood -control structures, parks and lakes, water wells, pumping stations, and water tanks (if screened properly), power, telephone, and cable substations and transmission lines (if screened properly or undergrounded), T.V., cable and radio antennas, hiking, bicycle, and equestrian trails, single family residential uses, accessory uses to the permitted uses, and access roads. Uses permitted in areas with slopes equal to or greater than 20% are limited primarily to hiking and equestrian trails, golf course features (such as tees, greens and fairways, and golf -cart pathways), access roads, water wells and pumping stations. Areas both less than 20% and greater than 20% are subject to a Conditional Use Permit and a Site Development Permit. C : \Mydata\GPAwords. wpd PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO CHAPTER 9.140. - HILLSIDE/UNIQUE GEOLOGY OVERLAY DISTRICT ZONING CODE AMENDMENT 97-057 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of February, 12th day of May, 91h day of June, and the 23`d day of June, 1998, hold duly -noticed Public Hearings to consider a Zoning Code Amendment for Chapter 9.140.- Hillside/Unique Geology Overlay District; and, WHEREAS, the Zoning Code Amendment is consistent with the goals, objectives, and policies of the General Plan for development in the hillsides as defined by the criteria in Exhibit "A"; and, WHEREAS, approval of the Zoning Code Amendment will not create conditions materially detrimental to the public health, safety and general welfare as indicated by the environmental review conducted for ZCA 97-057; NOW THEREFORE, BE IT RESOLVED by the Planning Commission for the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitutes the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of Zoning Code Amendment 97-057 for the reasons set forth in this Resolution and as noted in Exhibit "A", attached hereto and made a part of. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of June 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 98- ZCA 97-057 RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PA\I.ESLIE\pc Res ZCA 97-057.Nvpd 9.140.040 HE HUGO Hillside/Unique Geology Overlay District Conservation Regulati A. Purpose. The purpose of this chapter is as follows: 1. Ensure that development in the Hillside and Unique Geology Overlay (HUGO) District is consistent with the goals, policies, and criteria of the General Plan; 2. Protect and preserve public and private open space as a limited and valuable resource; 3. Preserve significant features of the natural environmental including watersheds, watercourses, canyons, knolls, ridge lines, boulder fields, and rock outcrops, while minimizing disturbance to the natural terrain; 4. Protect significant native vegetation and wildlife; ZOUPDATE-supspcpurregs 2 S. Protect significant cultural resources; 6. Limit development to a level consistent with available public services and road access that can be reasonably provided to and within each parcel, 7. Ensure that development will not create or increase fire, flood, rock slide, or other hazards to public health and safety, 8. Protect the health, safety, general welfare and property of people in the vicinity of steep hillside and unique geological building sites; This chapter establishes procedures and standards for the review of land divisions and the construction of buildings, structures, and improvements necessary to meet this purpose. -AB. Applicability. The HUGO District and the provisions of this Section apply to land meeting the criteria for hillsides, canyons, boulderfields, and topographic aberrants. The 1:1G 1 lillside Eenservaaon HUGO District applies to a4 land within the eity designated in the General Pian as l'opeli. space" and shown on the Official Zoning Map as "HUGO." More speeifieally, heing--uue ,e „the tee of the „ as defiried in this Seetion. wititin the following Seetions of land (San Bernarditto Base and Meriditm) within the Gity: The delineation of the HUGO District has been generally identified in the Zoning Map and Ordinance, however, it is adjustable dependent upon more detailed boundary information submitted to the City. The final determination of the HUGO District boundary will be made by the Community Development and Public Works Department staff, Planning Commission, and City Council. s •]FAN G • i - � G � i �__ - i • i _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ i : MN ZOUPDATE-supspcpurregs 3 • - IN IN a at am ..... Bill M 09' *?41VA%AMj •- • —� �'•�•\-1.7••l-1�)\•I•�•1 :•f.\•.\-1•l�A ago • • • • • • 1. Boundaryof the HUGO District. HUGO District includes all hillside land, except for sand dunes, located above the toe of slope boundary. ff satndis removed from against the hillside, it will necessitate a new toe of slope analysis. The toe of slope boundary line shall be the boundary between the HUGO conservation area and developable land. The boundary shall be confirmed by the Public Works Department per the requirements contained later in this subsection. It is acknowledged, however there are some areas located above the toe of slope which are flatter than the percent (20%) topographic gradient required for hillside conservation. These areas may potentially be developed for certain uses, if certain findings are made, under a conditional use permit, pursuant to Section G. In addition, the District shall include canyon, boulder fields topographic aberrant as defined herein. 2. Determination of the Toe of Slope. The toe of slope boundary line is the lower elevation of a twenty-five foot (25 foot) wide calculation band where the topographic gradient within the banded area exceeds twenty percent (20%). The topographic gradient within the banded area may be calculated manually, or by digitizing/plotting software capable of producing the desired analytical documents. The calculation method and analytical documents for each method shall be as follows: I.OUPDATE-supspcpurregs 4 Manual Method Using the slope formula specified herein, the topographic gradient calculation must be calculated using a map with five foot intervals between contour lines on a 40-scale map (1 "=409 and the maximum size subarea for calculation purposes must not exceed 2,500 feet (0.057 acre); see Attachment I for an example of the graphic technique used to implement the manual analysis method S = 0.00229 x I x L S=average cross slope of ground in percent A I = contour interval in feet L = combined length of all contours (in feet) A = area of the calculation subarea in acres Note: When the analysis subarea is confined to 2,500 square feet in a 25 feet by 100 feet configuration using five-foot contour intervals, the maximum allowable length of contour lines passing through the analysis area (banded area) totals 100 feet. The applicant shall submit the 40-scale contour map and calculations for each subarea in the toe of slope band for review and approval by the City Engineer. If requested, the applicant shall provide on the land in question, up to one survey stake per one hundred feet of toe of slope boundary. Automated Digital Method Use computer software capable of calculating topographic gradient from digitized contour data and then outputs the calculation results by shading the map areas that have topographic gradients exceeding twenty percent (20%). The shaded calculation results shall be plotted onto two different backgrounds: 1) an 80-scale rectified color aerial photograph, and 2) an 80-scale topographic contour map with five feet contour intervals. The applicant shall submit the two 80-scale analytic documents specified herein for review and approval by the City Engineer. If requested, the applicant shall provide on the land in question, up to one survey stake per one hundred feet of toe of slope boundary, and a computer file of the analytic documents in a digitized graphic format suitable for viewing on city -owned computers. 3. Canyons. The canyon areas where the canyon is less than 200 feet wide are included in the HUG® District The two hundred foot width is measured on the canyon floor perpendicularly to the canyon centerline from the toe of slope boundary on one side of the canyon to the toe of slope boundary on the other side. The applicant shall prepare and submit analytical documentation on a 100-scale (1 "=100 ), topographic map, or larger scale (i.e., 1 inch equals less than 100 feet). The approved toe of slope shall be drawn on the map, along with a canyon centerline that reasonably approximates the center of the canyon. I.OUPDATE-supspcpunegs 5 4. A boulder field is nominally defined as any area regardless of topographic gradient (above or below the toe of slope) in which there is an abundance of large loose boulders lying on the ground surface exposed to sight and possessing the visual appearance and geologic character of other rocky material readily visible on nearby hillside open space areas. Boulder fields are analytically determined by first requesting the City Engineer or appointed representative, to visit the site and confirm the visual and geologic character of the potential boulder field by making a generalized comparison of the boulders in the potential boulder field with the rocky material readily visible on nearby hillside open space. If the visual and geologic character of the potential boulder field is confirmed, the applicant shall prepare a detailed analytical document in which a proposed boundary is shown on a 40 scale rectified color aerial photograph. The City Engineer shall review the document and proposed boundary for appropriateness. In general, but detailed calculations are not required, an area shall be considered a boulder field if eighty percent (80%) of the squares in a continuous grid of 10 feet by 10 feet squares are occupied by at least one boulder, or if at least eighty percent (80%) of the squares in the grid network have a third, or more, of the ground surface containing an exposed rock outcropping. For the purposes of this section, a large loose boulder is defined as any rock material identified in the first phase of the boulder field determination, that is detached from its' place of origin and its' largest caliper dimension is two (2) feet or larger. The City Engineer's boundary review and analytical confirmation shall be the basis of a recommendation to the Planning Commission for final approval. The Planning Commission shall have final approval authority of the boulder field boundary and may make any adjustments to the boundary it deems appropriate. 5. Topographic Aberrant - Unique or potentially significant topographic or geologic features such as, waterfalls, watercourses, and rock outcroppings. These features are typically different in character with the balance of developable land and not above the toe of slope. 6. Sand Dunes -a sand dune is defined as a mound or ridge of loose sand piled up by the wind and is not included in the HUGO District B. Permitted Uses in iC HUGO District. ZOUPDATE-supspepurregs 6 1. The following uses within the HG HUGO District shall be permitted in areas of less than 20% above the toe of slope a. Golf courses (not including above -ground structures), including fairways, greens, tees, and golf -cart paths to access them; b. Flood -control structures; c. Parks and lakes, ; d. Water wells, pumping stations, and water tanks (if properly screened); e Power, telephone, and cable substations and transmission lines (if properly screened or undergrounded); f. T.V., cable, and radio antennas; g. Hiking, bicycle and equestrian trails not permitting motorized vehicles; h. Single family residential uses (ten acres per lot); i. Accessory uses necessary to establish and maintain the permitted uses, such as roads, gate -houses, on -site subdivision signs, parking lots, noncommercial community association, recreation, and assembly buildings and facilities. j. Fencing necessary to mitigate environmental impacts for State and Federally listed endangered species. 2. The following uses within the HUGOG district shall be permitted on slopes exeeeding equal to or greater than 20 percent: a. Hiking, bicycle and equestrian trails not permitting vehicles; b. Access roads whkh shall be located in non -visible areasfivtn adjamnipowpertky unless applicant can prove to the satisfaction of the City that the only access to a non visible are must traverse a visible area. Acts road in visible areas shall be mitigated to a level of insignificance (for example: depressing the road, restoring rock coloration, re - contouring the cut and fill areas to a natural appearance, etc.) fOwnership or non -ownership of property is not sufficient proof of reason to place a road in a visible area. Roads shall not exceed 15 percent grade c. Golf course (not including above ground structures), including tees, greens, fairways, and cart paths to access them. d. Flood control structures. e. Fencing necessary to mitigate environmental impacts for State and Federally listed endangered species. E. Conditional Use Permit Required. In addition to the requirements of this Section, all development within the +IG HUGO District shall require approval of a conditional use permit pursuant to Section 9.210.020, including City Council approval. 7.OUPDATE-supspepurregs 7 PROPOSED PLANNING COMMISSION CHANGES 1. The following uses within the HG HUGO District shall be permitted in areas of less than 20% above the toe of slope pereent: a. Golf courses (not including above -ground structures), including fairways, greens, tees, and golf -cart paths to access them; b. Flood -control structures; C. Parks and lakes, and passive reereation f4eilities; d. Water wells, pumping stations, and water tanks (if properly screened); e Power, telephone, and cable substations and transmission lines (if properly screened or undergrounded); f. T.V., cable, and radio antennas; g. Hiking, bicycle and equestrian trails not permitting motorized vehicles; h. Single family residential uses (ten acres per lot); i. Accessory uses necessary to establish and maintain the permitted uses, such as roads, gate -houses, on -site subdivision signs, parking lots, noncommercial community association, recreation, and assembly buildings and facilities. j. Fencing necessary to mitigate environmental impacts for State and Federally listed endangered species. 2. The following uses within the HUGOG district shall be permitted on slopes emeeeding between 20 and 30 -9 percent: a. Hiking, bicycle and equestrian trails not permitting vehicles; b. Access roads +Mkh shall be located in non -visible areas from adjaee properties unless applicant can prove to the satisfaction of the City that the only access must traverse a visible area. Access road in visible areas shall be mitigated to a level of insignificance (for example: depressing the road, restoring rock coloration, reducing the width of the travelway, r"ontourhtg the cut and fill areas to a natural appearance, etc) {Ownership or non -ownership of property is not sufficient proof of reason to place a road in a visible area. Roads shall not exceed 15 percent grade j- c. Golf course (not including above ground structures), including tees, greens, fairways, and cart paths to access them. d. Flood control structures. e. Fencing necessary to mitigate environmental impacts for State or Federally listed endangered species. 3. No development shall occur on slopes greater than 30 percent. CAMy Documents\WPDOCS\hillside-pcchange.wpd F. Site Development Review Required. All development in the HUGO District shall be subject to site development review by the PlattrAng Gantmiss pursuant to Section 9.210.010. "Development" in this context shall include the following: grading, building, grubbing, or permitting any heavy equipment (equipment whose function is digging, clearing, earth -moving, grading, or a similar function disruptive to the natural terrain) access to the HG HUGO District property. G. Criteria for Review of Grading Plans. Consideration shall be given to the following matters of paftiettlar eorteenn in reviewing of grading proposals in the 14G HUGO District. Conditions may be attached to the approval of grading plans so as to achieve the purpose and intent of this Section and the following objectives: 1. The health and safety of the public; 2. The preservation of vegetation and animal habitat, designation of stream courses as open space, preservation of habitat corridors, encouraging revegetation with drought -tolerant native species; 3. The avoidance of excessive building padding or terracing and cut and fill slopes to reduce the scarring effects of grading; 4. The encouragement of sensitive grading to ensure optimum treatment of natural hillside, arroyo and unique geological features; 5. The encouragement of imaginative grading plans to soften the impact of grading on hillsides, including rolled, sloping, or split pads, rounded cut and fill slopes, and post and beam construction techniques; and 6. The maximum retention of vistas, and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines, canyons, and boulder fields. 7. The addition of soil against the hillsides shall meet the City Codes for completed fill (if filling on slope). Slopes shall be graded to conform with the surrounding hillsides, mimicking the natural topography including swales, knolls, ridges, etc., in accordance with the Grading Ordinance. H. Engineering Reviews Required. For all development within the HG HUGO District, the following reports shall be prepared by a California -licensed engineer (licensed in the appropriate discipline), and filed with the City Engineer; tmless speeifiea4ly waived by the Gity Engineer based an a -visit to the proposed site: 1. Hydrology, drainage, and flooding report for all sites; 2. Soil survey of the sites proposed attesting to stability of all sites and the appropriateness of the construction method proposed; 3. Underlying geology/engineering report attesting to stability of all sites; 4. Seismic analysis attesting to the stability of the site(s) and addressing the potential of material above the site(s) impacting the site(s); 5. Access plan showing the preliminary engineering for roads giving access to the proposed site(s); 7.OUPDATE-supspcpurregs 8 6. Grading plan for the construction site(s) and access routes; and 7. A utility plan demonstrating the feasibility of providing water for domestic and fire suppression purposes, sewer, power, and other utilities, especially with regard to the scarring effects of the grading necessary to install such utilities. 8. Toe of slope study. I. Other Studies Required. The following studies shall be filed with the Community Development Department as a part of the application process: 1. All development in the lG HUGO District shall be subject to a report by a qualified biologist addressing the following: a. Natural vegetation and native plants which may be affected by the project; b. Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native animal species; and c. A plan to maintain corridors for wildlife habitat and movement of animals within HG HUGO District. 2. All development in the 44E HUGO District shall be subject to a review by a qualified archaeologist addressing the following: a. A review of the literature and records for any known and/or recorded historic or prehistoric resources; b. A survey of the project site for historic or prehistoric resources; and c. A final report of findings including significance determinations, and recommended mitigation and resource treatment shall be submitted to the Historic Preservation Commission Gommttnity Development Direete for review. I.OUPDATE-supspcpurregs 9 3. A viewshed study, including plans and (cross sections) showing visibility of proposed project and grading, as iewed h is to include at least five locations as approved by staff, from surrounding properties located at lower elevations. -PPPW.-EFRPWP Woo P. MILLWIMILM IMP gn Is - ::- all I ft -- - - - 1111 PI Ild Ovilif it" Pt-RNIL-1-mor NEW NIN - WAWM:. --PPPW NO J. Development Standards. 1. Minimum Lot Size. In the HG HUGO District, the maximum density I.OUPDATE-supspepurregs 10 permitted shall be one residential unit per ten acres. On a contiguous parcel which includes areas both above and below the "toe of the slope," residential units may be clustered together below the "toe of the slope" with an approved conditional use permit, to take advantage of buildable areas with lower slope angles thereby, allowing for exceeding the density permitted by the General Plan feet.e3teeeded. Stmetttres shttR remaitt single f4mily, separated, ott individual 4ots having an are -a of at 4ettst 29,009 square 2. Maximum Building Height. No structure shall exceed 28 feet and/or be placed in such a way that its outline is visible above a ridgeline. 3. Parking. Off-street requirements shall conform to Chapter 9.150. 4. Roof Equipment. No roof -top equipment for heating, cooling or other purposes shall be permitted. 5. Utilities. All utilities shall be placed undergroundemeept for water taitks and sebstatiotts, w+tieh shall be appropriately sereened and painted in eolors to blen4 into the bttekgret K. Land Divisions in HE HUGO District. In order to assure compliance with the provisions of this Section, the following requirements shall apply to the proposed division of any property which is partially or completely within the HG HUGO District: A preliminary grading plan prepared in accordance with the provisions of Municipal Code Title 13 and this Section shall be submitted (together with other requirements of this Section) with every conditional use permit, tentative subdivision map LOUPDATE-supspcpurregs 11 or parcel map filed for approval. The preliminary grading plan shall show at least one practical, usable, and accessible building site which can be developed in accordance with the provisions of this Section within each proposed lot or parcel. L. Transfer of Development Rights. Transfers of development rights shall follow the procedures and standards set forth in Chapter 9.190. 2. Any owner of property within the HG HUGO District may transfer development rights from the HG HUGO District on the basis of one residential unit per ten acres. Development rights may be transferred as follows: a. Transferred to a subdivided portion of the same property below "the toe of the slope," as presented in a conditional use permit; or b. By means of sale to any area of the City which has been zoned for residential purposes, provided the increase for any particular parcel does not exceed 20 percent of the General Plan density designation. a. Development rights may be retained by an individual. b. Transfer rights may be further sold as provided in Chapter 9.190. 4. Any owner of property within the HG HUGO District may sell, bequeath or transfer the development rights of the property, in accordance with this Section and Chapter 9.190 to any governmental jurisdiction or any properly organized nonprofit organization whose charter allows for the ownership of public open space. The governmental jurisdiction or nonprofit organization may retain or sell or transfer acquired development rights in accordance with Chapter 9.190. IV,,.r ; - - 011 ill ;ni- Hill M. Ownership and Maintenance of Recreation/Open Space. 1. Those areas located within a hiilside development controlled by this Section which are to remain as undeveloped open space, such as undevelopable slopes and natural landmarks, may be offered for dedication for game preserve, recreation, or open space purposes. Such areas I.OUPDATE-supspcpwregs 12 may be offered to a public agency or to a nonprofit land trust conservancy or similar organization whose charter allows for the ownership of recreation and open space which will preserve the natural open space in perpetuity. 2. If an offer of dedication tmder PaMraph N 1 of this Seetio or if such an offer is not accepted, the developer shall make provisions for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as a separate parcel or parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district. I.OUPDATE-supspcpurregs 13 ATTACHMENT #1 6/17/98 Sample Survey of Rocky Hillside Areas Using Proposed Boulder Field Criteria Survey Technique: Staff located two sample areas on three separate properties that were representative of the rocky pattern and character to determine if they were boulder fields. The largest rock in four to seven adjacent sample grids were measured to obtain a consensus as tc whether the larger location is similar in character and would be considered a bouider field. Property #1 • Five (5) adjacent grid squares: 42", 44", 47", 25", 52" This area had an obvious abundance of large boulders, and would be classified a boulder field under the current boulder field definition criteria. • Seven (7) adjacent grid squares: 24", 31 ", 18", 16", 30", 24", 19" This'area was very rocky, but the rocks were noticeably smaller. Since only 50% of the grid squares had a boulder exceeding 24" in the largest caliper size, this area would not be classified a boulder field under the current boulder field definition criteria. Property #2 • Four (4) adjacent grid squares: 25", 22", 20", 24" This area was very rocky, but the rocks at this location were noticeably smaller and in the peripheral area, which was also at a lower elevation of the subject location and next to what would clearly be considered developable land. Since only 50% of the grid squares had a boulder exceeding 24" in the largest caliper size, this area would not be classified a boulder field under the current boulder field definition criteria. F.\PWDEPT\STAFF\SPEER\MEMOS\980617a.ss Property #2 (continued) • Five (5) adjacent grid squares: 28", 26", 26", 25", 34" This area had larger rocks than the previous sample area on this property, was slightly higher in elevation and may even be on a slope exceeding 20% (which means the location is already preserved if the slope exceeds 20%), nevertheless, this area would be classified a boulder field under the current boulder field definition criteria. Property #3 • Five (5) adjacent grid squares: 14", 22", 18", 20", 18" This area was very rocky, but the rocks were noticeably smaller. Since none of the grid squares had a boulder exceeding 24" in the largest caliper size, this area would not be classified a boulder field under the current boulder field definition criteria. • Six (6) adjacent grid squares: 31 ", 32", 3411, 6311, 44" This area was surrounded by rocks similar to the previous sample location on this property. This particular area would be considered a boulder field since all grids (more than 80%) had a boulder exceeding 24" in size. Since this area is surrounded by developable land, this location could also perhaps be considered a topographic aberrant, subject to Council discretion for preservation, or waived and released for development. It should also be noted that some of these rocks were fractured -in -place, but measured as a single rock. F:\PWDEPT\STAFF\SPEER\MEMOS\980617a.ss ATTACHMENT A RIVERSIDE COUNTY COMPREHENSIVE GENERAL PLAN Page 310: Slopes and Erosion - Land Use Standards Amended Effective: October 29, 1985 I. Land Use Standard - Hillside Design Development in hillside areas should be designed to follow or flow with the natural contours of the site. Development is discouraged on slopes in excess of 25 percent, and unstable slopes should be designed as common open space. Major projects on ridgelines, canyon edges and hilltops are discouraged, and any development on such areas shall be visually unobtrusive by sensitive siting and appropriate landscaping. Buildings on major ridgelines, canyon edges and hilltops are discouraged, and any development on such areas shall be visually unobtrusive by sensitive siting and appropriate landscaping. Post and beam construction and special foundations are generally encouraged for slopes of 20 to 25 percent to.e Aminate excessive grading. ATTACHMENT # INDIAN WELLS MUNICIPAL CODE 22.04. ' "1141 20% Slope and Over. This is an excessive slope condition an( development is prohibited. All land areas with 20% or greater slope shall not be graded it any manner except at the specific discretion of the City Council. Development and limiter grading can occur only if it can be clearly demonstrated that safety, environmental, anc aesthetic impacts will be avoided, and that a minimum amount of development is in the spirit of, and not incompatible with, the purposes and policies set forth in this Chapter. 22.04.110 Waivers. 22.04.110(a) Council Authority to Modify Requirements. The City Council m; reduce, modify, or waive those particular requirements of this Chapter which would n result in hazard to life or limb, hazard to property, adverse affects on the safety, use, stability of a public way, facility, or drainage channel, or adverse impact on the natui environment. 22.04.110(b) Procedure for Requesting a Modification. To request the modification any of the provisions of this Chapter, the applicant shall submit a request, in writin together with all required fees and required application. materials set forth in this Chapti The request shall itemize each provision for which a modification is sought and shall sta the reason(s) for which the modification is requested. 22.04.110(b)(1) The City Council may approve and/or modify a request 1 modification in whole or part, with or without conditions. At their discretion, the C1 Council may establish additional conditions to further the intent of this Chapter. (Ord. 3. 41 Exhibit A, 1994). ATTACHMENT # r. TERRA Naga PLANNING & RESEARCH INC, �i JUN 16 1998 "'ITY OP LAQ JIN TA PLANNING DEPARTMENT Ms. Leslie Mouriquand Community Development Department City of La Quinta 78-495 Tampico Boulevard La Quinta, CA 92253 June 16,1998 RE: Comments on June 9th Draft of the EH side/Unique Geology Overlay (RUGO) District Dear Leslie: Once again, I am writing on behalf of La Quinta Ranch Partners holdings (also known as the Meyer property) to provide comments and suggestions on the above referenced June draft of the HUGO ordinance. La Quinta Ranch Partners continue to be concerned that their property generally located between the Quarry project and the Green property will be adversely and possibly unfairly impacted by the proposed ordinance. The following comments, questions and suggestions are meant to assure equitable treatment for this property, while equally assuring the City's capabilities to adequately regulate development on these lands. Max. Slope Gradient: It is our understanding that the Planning Commission wishes to use two slope criteria for differing uses. These include a 20% limit on all structures and a 30% limit on all other potential uses, including access roads. It is unclear whether the Commission intended that no or restricted use of slopes in excess would be permitted. This issues does not appear to directly affect the partnership's property, however. Toe of Slope Boundary Line: As we have stated before, we have some difficulty with the toe of slope determination method and criteria. In partnership's case, we hope that there is room here for some discretion. As you know, erosion on this property was accelerated and exacerbated by the County's previous sand and gravel mining in the adjoining quarry. This has exaggerated the erosion on portions of this site, which is unnatural and should be weighted due to this impact from a previous adjoining use. With regard to the toe of slope definition, we continue to support the use of the point of contact between rocky outcroppings of bedrock and alluvium or sluffage. This is less arbitrary and can be more consistently applied without elaborate, costly and time-consuming methods. 400 SOUTH FARRELL, SUITE B-205 ❑ PALM SPRINGS, CA 92262 ❑ (760) 320-9040 TN/Meyer/City of La Quinta HUGO/6.15.98 Boulder Fields: As we cited in our testimony at the June 9th Planning Commission hearing, we continue to have difficulty with the boulder field issue and especially as it affects this property. It would appear that the City may assign a "unique geology" designation to the boulder fields and thereby give them special status. Boulder fields do not, in our judgement, seem to qualify for such a status. Unlike rocky outcroppings or other highly visible and geologically defining characteristics, boulder fields are not unique. In fact, boulder fields are very common in the desert. They do not provide any unique habitat value, cultural resource value or aesthetictviewshed value. By themselves, we do not feel boulder fields warrant such special status. We also continue to argue that the proposed boulder field definition is overly restrictive. We continue to believe that the standard of one boulder per 100 sq. ft. with the largest caliper dimension being only 2 feet is arbitrary and excessively conservative. The use of this extensive grid system to determine the extent of the boulder field and its applicability also appear to be an unnecessarily elaborate, costly and time-consuming a method. Boulder Field Alternative: An alternative approach to this issue might be that the City consider boulders much as sites with extensive cactus and other valuable plant materials are considered. That is, require that developers attempt to preserve boulders and to reintegrate them into project designs to the greatest extent practical. This will then provide an incentive for their preservation while not unduly restricting land use. GENERAL CORM ENTS Developer's Vested Interests There is little question that market forces have shaped the resort residential market. Developers are having to make decisions every day about what attributes of their land will enhance the marketability of the residential product they wish to build. If boulder fields constitute a unique asset then it would be expected that they would become integral parts of at least some development plans. This has not proven the case despite numerous opportunities for boulder fields to be used in this fashion. Viewshed Analysis: The latest version of the ordinance cites that a minimum of five (5) viewshed analyses would have to be generated. The type of analysis is not defined and could vary from unnecessarily complex computer generated exhibits, to the substantially less expensive elevational cross-section. Can the ordinance be enhanced to allow or provide for alternative methods of analysis? Once again, thank you for the opportunity to provide this additional input. If you have any questions or would like additional information, please do not hesitate to contact me. ohn D. Criste, AICP JDC/sw INTENTION TO SPEAK I WOULD LIKE TO SPEAK ON THE FOLLOWING AGENDA ITEM: PUBLIC COMMENT: AGENDA ITEM NO: RE: PUBLIC HEARING NO: RE: IN SUPPORT IN OPPOSITION_ PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES DATE: Z4 /�� YOUR NAME �Qx b S Ag. ADDRESS c% 9 5 --5 7-0 V� � 4 -1 PLEASE TURN THIS FORM IN TO THE RECORDING SECRETARY PRIOR TO THE BEGINNING OF THE MEETING. THE CHAIRMAN WILL CALL YOUR NAME AT THE APPROPRIATE TIME. STAFF REPORT PLANNING COMMISSION DATE: JUNE 23, 1998 CASE NO.: TENTATIVE TRACT MAP 28838 REQUEST: RECOMMENDATION FOR APPROVAL OF A SUBDIVISION OF 133.42 ACRES INTO 200 SINGLE FAMILY AND OTHER COMMON OR STREET LOTS WITHIN THE BOUNDARIES OF SPECIFIC PLAN 83-002 (AMENDMENT #3) AND SPECIFIC PLAN 90-017 IN PGA WEST LOCATION: SOUTHEAST CORNER OF MADISON STREET AND AIRPORT BOULEVARD ABUTTING THE TOM WEISKOPF AND JACK NICKLAUS (RESORT) GOLF COURSES APPLICANT/ PROPERTY OWNER: KSL LAND CORPORATION DEVELOPER: RIELLY HOMES, A DELAWARE CORPORATION ENGINEERS: M.D.S. CONSULTING (MR. STANLEY C. MORSE, P.E.) ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT MAP 28838 IS WITHIN SPECIFIC PLANS 83- 002 AND 90-017. THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER PUBLIC RESOURCES CODE SECTION 65457(A). ENVIRONMENTAL IMPACT REPORTS (STATE CLEARINGHOUSE NUMBERS 83062922 AND 90020727) WERE CERTIFIED BY THE CITY COUNCIL IN 1984 AND 1991 FOR EACH SPECIFIC PLAN, RESPECTIVELY. 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/ ZONING/ SPECIFIC PLAN DESIGNATIONS: LOW DENSITY RESIDENTIAL AND GOLF COURSE OPEN SPACE (LDR AND G)/RL (LOW DENSITY RESIDENTIAL) AND GC (GOLF COURSE) AND RESIDENTIAL AND GOLF COURSE/OPEN SPACE STPC28838-25 Page 1 of 4 RES028838-25, CONDTTM28838-25 BACKGROUND: Site Background The PGA West Resort and Club is made up of numerous tract and parcel maps which have been approved since the 1984 approval of Specific Plan 83-002 (5,000 units are allowed per the Specific Plan). Started in 1986, PGA West is a country club community of approximately 1,700 residences and multiple championship golf courses. The latest amendment was approved by the City Council in 1996, under Resolution 96-67. On December 3, 1991, the City Council adopted Resolution 91-105, approving a master planned development of 880 units on 220 acres south of the PGA West Resort and Club (i.e., Specific Plan 90-017) in conjunction with certification of an Environmental Impact Report. This planned community connects with PGA West by the connection of streets and golfing facilities (i.e., Tom Weiskopf golf course). The golf course opened for play in 1996. No houses have been built on this site. Site Information This map resubdivides lots created in 1989 under Tract 21643. The vacant site was mass graded during construction of the existing golf courses. The golf courses are owned and managed by the applicant. Currently, partial street improvements exist on Madison Street and Airport Boulevard. The area to the south of the project site is planned for single family houses under Specific Plan 90-017. Properties to the east, outside the City limits, have been used in the past for growing field crops; vacant properties to the west (across Madison Street) are located within PGA West and planned for residential houses. The vacant properties to the north, across Airport Boulevard, are planned for residential housing (1,060 units) and golf course (i.e., future Greg Norman golf course) development pursuant to Specific Plan 90-015. Proiect Request Tentative Tract Map 28838 proposes to create 200 single family and various other nonresidential lots in four phases on approximately 133+ acres within the boundaries of Specific Plans 83-002 and 90-017 (Attachments 1 and 2). The project density is approximately 1.5 dwellings per acre. The proposed single family lots vary in size from 12,070 square feet to 32,733 square feet (14,266 square feet average). Lot widths are typically 85-feet wide by 142-feet and front onto private streets. The developer anticipates building detached single family houses on these lots. Gated site access occurs on Madison Street, approximately 2,300 feet (0.43 miles) south of Airport Boulevard. To insure safe vehicular travel between this project and PGA West, a traffic signal is required. Various landscape and cart path lots have been provided to enhance the streetscape appearance and provide cart access on the golf course fairways. Common Lots "R " and STPC28838-25 RES028838-25, CONDTTM28838-25 Page 2 of 4 "S" are identified as golf course fairway lots. A Coachella Valley Water District well site is proposed at the northeast corner of the development. Public Notice This map application was advertised in the Desert Sun newspaper on June 10, 1998. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required by the Subdivision Ordinance of the La Quinta Municipal Code. To date, no comments have been received. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made Conditions of Approval for this case. STATEMENT OF THE ISSUES: Based on the provisions of the General Plan, Specific Plans 90-017 and 83-002, Zoning Code and the Subdivision Ordinance, the following overview of the project is provided: Issue 1 - General Plan and Specific Plan Consistency The City's General Plan designates the subdivision as Low Density Residential (2-4 dwellings per acre) which allows single family housing (e.g., attached or detached housing units). Past development approvals by the City reflect a lower number of housing units planned within both Specific Plan areas (5,000 units within SP 83-002 and 880 units within SP 90-017). Currently, no housing units are built in SP 90-017 and 1,700 units are built within SP 83-002. Therefore, adding 200 residential units will not exceed the allowed number of units analyzed in the Environmental Impact Reports or allowed in the Specific Plans. Madison Street and Airport Boulevard are designated as Primary Arterial streets by the General Plan Circulation Element requiring widths of not less than 100-feet, nor exceeding 1 10feet. Additionally, an equestrian trail shall be built along Madison Street as required by Chapters 3.0 (Circulation Element) and 5.0 (Park and Recreation) of the General Plan. Proposed conditions require compliance with these standards. This map proposes lots greater than 12,069 square feet which exceeds the plan's minimum requirements of 6,500 square feet for each Specific Plan. As designed, the proposed single family development is consistent with the City's General Plan and Zoning Code. Traffic generation from the development is expected to be 2,000 vehicle trips per day or less. The number of vehicles planned for the ultimate build -out of SP 83-002 and SP 90- 017 is 0.039%. The interior private street circulation plan is consistent with the requirements of both adopted specific plans. Traffic access will be restricted on Madison Street through the use of a traffic signal at the project entry. STPC28838-25 RES028838-25, CONDTTM28838-25 Page 3 of 4 Issue 2 - Tract Design/Improvements Private interior streets and residential lots have been designed around the existing golf course fairways as required by adopted Specific Plans. Design standards of the City's General Plan and Subdivision Ordinance have been included into the project's design. Street and other infrastructure improvements are required for this project and are readily available. Impacts associated with development of the project can be mitigated through adherence to the recommended conditions. Issue 3 - Health and Safety All necessary infrastructure improvements for this project will be constructed as required by the attached conditions. This includes water, sewer, streets, and other necessary improvements. All electric services will be installed in underground .piping and will meet all requirements of the service agencies (gas, electric, water, etc.). The health, safety and welfare of residents is ensured based on recommended conditions. Condition #86 requires permanent restroom buildings to be built prior to the issuance of a Certificate of Occupancy for the 3Vh housing unit. CONCLUSION: This development request is a logical expansion of PGA West. The tentative tract map, as conditioned, is consistent with adjacent development in the immediate area, and in conformance with City and Specific Plan requirements. Findings for a recommendation for approval, as noted in the attached Resolution, can be made. RECOMMENDATION: Adopt Planning Commission Resolution 98-_, recommending to the City Council approval of Tentative Tract Map 28838, subject to finding and conditions. Attachments: 1. Location Map 2. TTM 28838 (Reduced) 3. Large Exhibits (Planning Commission Only) Prepared by: Submitted by: Greg Trousdell, Associate Planner STPC28838-25 RES028838-25, CONDTTM28838-25 ,1V L �• 4� Christine di lorio, Planning Manager Page 4 of 4 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 200 SINGLE FAMILY AND OTHER COMMON LOT SUBDIVISION ON 133.42 ACRES LOCATED AT THE SOUTHEAST CORNER OF MADISON STREET AND AIRPORT BOULEVARD CASE NO.: TENTATIVE TRACT MAP 28838 APPLICANT: KSL LAND CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of June, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for development of 200 single family residential and other common lot subdivision on 133+ acres, generally located at the southeast corner of Madison Street and Airport Boulevard, more particularly described as: Being a subdivision of Lots 20-32, 41 and 43 of Tract No. 21643 as filed in Book 203, Page 37-50, City of La Quinta, County of Riverside, State of California (APN: 761-500-001- 010, 761-500-012 and 013, and 761-510-001-009) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Tentative Tract Map 28838: Finding Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential (LDR). The Land Use Element of the General Plan allows residential land uses. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) because attached and detached residential units are proposed. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. Findinq Number 2 - Consistency with Specific Plans 83-002 (Amendment #3) and 90-017 and City Zoning Ordinance: A. The proposed single family lots exceed the minimum size requirement of 6,500 square feet. Specific Plan 83-002 allows 5,000 houses and SP 90- 017 allows 880 houses oriented around golf courses and other resort commercial land uses. The proposed 200 residential lots are consistent with and will not negatively impact the overall growth and development of PGA West. B. The proposed single family lots are consistent with the City's Zoning Code in that development standards and criteria contained in the PGA West Specific Plans supplement and/or replace those in the City's Zoning Code. Detached (or attached) single family houses will be built as required. RESOPCTTM 28838-25 Planning Commission Resolution 98-_ Tentative Tract Map 28838 June 23, 1998 Conditions are recommended ensuring compliance with both the PGA West Specific Plans and Zoning Code. Finding Number 3 - Compliance with the California Environmental Quality Act: A. Tentative Tract Map 28838 is within Specific Plans 83-002 and 90-017. The project is exempt from the California Environmental Quality Act per Public Resources Code Section 65457(a). Environmental Impact Reports (State Clearinghouse Numbers 83062922 and 90020727) were certified by the City Council in 1984 and 1991 for each specific plan, respectively. No changed circumstances, or conditions, exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Finding Number 4 - Site and Landscape Design: A. The proposed site design conforms with the design guidelines identified in SP 83-002 and 90-017 and provides a harmonious transition between other approved residential houses in PGA West. B. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. C. The site is physically suitable for the proposed land division. Finding Number 5 - Site Improvements: A. Stormwater runoff will be diverted to the existing golf course to ensure off - site properties are not impacted from seasonal storms. B. The proposed private street serves all proposed lots and connects to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. C. Infrastructure improvements such as gas, electric, sewer and water will be extended to service the site in underground facilities as planned under the Specific Plans. No adverse impacts have been identified based on letters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; RESOPCTTM 28838-25 Planning Commission Resolution 98-_ Tentative Tract Map 28838 June 23, 1998 2. That it does hereby require compliance with those mitigation measures required for Specific Plans 83-002 and 90-017, as amended; 3. That it does hereby confirm the conclusion that the Environmental Impact Reports for the Specific Plans 83-002 and 90-017, as amended, assessed the environmental concerns of this tentative tract; and, 4. That it does recommend approval to the City Council of Tentative Tract Map 28838 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 23rd day of June, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTTM 28838-25 PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 28838 KSL LAND CORPORATION JUNE 23, 1998 CONDITIONS OF APPROVAL GENERAL Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply (i.e., Assessor's Parcel Numbers 761-500-001 thru 010, 761-500-012 and -013, 761-510-001 thru 009). 2. This approval shall expire and become null and void within two years of approval unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Tentative Tract Map 28838 shall comply with the requirements and standards of §§ 66410- 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 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 public 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 • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. C ONDTTM28838(Reilly)-25 PROPERTY RIGHTS 5. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements, shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or parcel map or a waiver of parcel map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 6. Prior to approval of a final map, parcel map or grading plan and prior to issuance of a grading permit, the applicant shall furnish proof of temporary, or permanent, 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. 7. 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. 8. The applicant shall dedicate 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. 9. Dedications required of this development include: A. Madison Street - Fifty-five feet (55') right-of-way on east side of existing centerline, from the south boundary of Tract Map 21643 to the south boundary of this Tentative Map. B. Airport Boulevard - Fifty-five foot half of one -hundred -ten foot right of way along the frontage of this development. 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. If the City Engineer determines that public 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 temporary public access easements to those areas within 60 days of written request by the City. 10. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. CONDTTM28838(Reilly)-25 11. The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Madison Street - Twenty feet (20'), from the south boundary of Tract Map 21643 to the south boundary of this Tentative Map. B. Airport Boulevard - Twenty feet along the frontage of this development. Minimum widths may be used as average widths if meandering wall designs are approved. Required setback areas or lots shall apply to all existing and proposed street frontage of the parcel, or parcels being subdivided including, but not limited to, remainder parcels and lots dedicated or deeded to others such as water well and power substation sites. Where public sidewalks or equestrian trails are placed on privately -owned setback lots, the applicant shall dedicate blanket easements over the setback lots. 12. The applicant shall vacate abutter's rights of access to the following streets from lots abutting the streets: A. Madison Street B. Airport Boulevard Direct access to these streets shall be restricted to those access points as approved by the City. 13. The applicant shall dedicate any easements necessary for placement of and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas. 14. The applicant shall cause no easements to be granted, or recorded, over any portion of this property between the date of approval 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 MAP(S) 15. 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 and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices 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. CONDTTW 8838(Reilly)-25 IMPROVEMENT PLANS 16. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 17. 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. 18. When final plans are approved by the City, and prior to approval of the final map, 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 choices 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 including approved revisions to the plans. 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. IMPROVEMENT AGREEMENT 19. 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. 20. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City CONDTTM28838(Reilly)-25 resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract 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. 21. If improvements are phased with multiple final maps or other administrative approvals (p0ot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed, or secured, prior to approval of the first final map 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 unless a construction phasing plan is approved by the City Engineer. 22. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements). Participatory improvements for this development include: A. Madison Street and Airport Boulevard - 25% of the cost to design and construct traffic signal improvements. B. Madison Street and Gated Entry (Street "U) - 50% of the cost to design and construct traffic signal improvements. C. Airport Boulevard - 50% of the cost to design and construct an eighteen foot (18') wide raised, landscaped median in that portion adjacent to this Tentative Map. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. 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. In accordance with said Chapter, the applicant shall furnish security, in a CONDTTM28838(Reilly)-25 form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 25. The applicant shall comply with the City's Flood Protection Ordinance. 26. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 27. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 28. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of 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, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 30. The design of the development shall not cause any increase in flood boundaries, levels, or frequencies in any area outside the development. 31. 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. 32. 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'/ acres in size, or larger, or where the use of common retention is determined by the City Engineer to be impracticable. If individual lot retention is approved, the applicant shall meet all individual - lot retention provisions of Chapter 13.24, LQMC. CONDTTM28838(Reilly)-25 33. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 34. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 35. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. 36. Retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 37. Nuisance water shall be retained on site. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 38. In developments for which security will be provided by public safety entities (e.g., the Riverside County Sheriff's Department), all areas of common retention basins shall be visible from the adjacent street(s). No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 39. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent 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 the such discharge of the development's stormwater or nuisance water. The tract CC & R's shall reflect the existence of this potential obligation. UTILITIES 40. All existing and proposed utilities within or, adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 41. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 42. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a CONDTTM28838(Reilly)-25 certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street and traffic improvements required herein. 43. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1) Madison Street (Primary Arterial -110' right-of-way) - Construct the east three - quarter's, (s/) of full right-of-way improvements along the frontage of this Tentative Map, consisting of: half width street improvements (east of centerline) with a six foot (6) wide meandering sidewalk; an eighteen foot (18') wide, raised, landscaped median; and a sixteen foot (16') wide southbound lane adjacent to the west side of the median. 2) Airport Boulevard (Primary Arterial - 110' right-of-way) - Construct the south half (1/) of full right of way improvements along the frontage of this Tentative Map, consisting of: half width street improvements (south of centerline) with a six foot (6) wide meandering sidewalk. The eighteen foot (18') wide, raised, landscaped median is deferred for construction by others. B. PRIVATE STREETS AND CULS DE SAC 1) Residential - 36 feet wide if double loaded (building lots on both sides), 32 feet if single loaded 2) Collector (z300 homes or 3,000 vehicles per day) - 40 feet wide 3) Cul de sac curb radius - 45 feet C. EQUESTRIAN TRAIL - The applicant shall construct an equestrian trail along the Madison Street frontage. The location and character of the trail shall be as approved by the City. 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. 44. Access points and turning movements of traffic shall be restricted as follows: A. Full turning movements shall be allowed at the main gated entrance (Street "L") located on the east side of Madison Street, approximately one-half mile south of Airport Boulevard. CONDTTM28838(Reilly)-25 45. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 46. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 47. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 48. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 49. All streets proposed to serve residential or other access driveways, shall be designed and constructed with vertical curbs and gutters, or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 50. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" 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" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. CONDTTM2883 8(Reilly)-25 51. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings, have improved access, including street and sidewalk improvements, traffic control devices and street name signs, to publicly -maintained streets. If on -site streets are initially constructed with only a portion of the full thickness of pavement, the applicant shall complete the pavement when directed by the City, but in any case prior to final inspections of any of the final ten percent of homes within the tract. LANDSCAPING/PERIMETER WALLS 52. Perimeter walls and required landscaping for the entire perimeter to be enclosed shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 53. The applicant shall provide landscape improvements in the perimeter setback areas or lots adjacent to the frontage of this Tentative Map along Madison Street and Airport Boulevard. The landscape improvements for Madison Street shall be designed to comply with Policy 3-4.1.6 of the General Plan (i.e., Agrarian Image Corridor). 54. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 55. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 56. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 57. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with grades and turf grass surface which can be mowed with standard tractor - mounted equipment. 58. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 59. 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. CONDTTM28838(Reilly)-25 PUBLIC SERVICES 60. The applicant shall provide public transit amenities along Madison Street and Airport Boulevard as required by Sunline Transit and/or the City Engineer. These amenities may include, as a minimum, a bus turnout location and passenger waiting shelter. The location and character of the turnout and shelter shall be as determined by Sunline Transit and the City Engineer. QUALITY ASSURANCE 61. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 62. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program, but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. Testing shall include a retention basin sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 63. The applicant shall employ, or retain, California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 64. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 65. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FIRE DEPARTMENT 66. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection paced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,500 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. CONDTTM28838(Reilly)-25 67. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 68. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 69. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 70. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 71. Prior to the issuance of the 30h building permit, the developer shall provide alternative or secondary (temporary) access to the project for emergency vehicles. The location and design of the temporary accessway shall be approved by the City Engineer. Gated access may be permitted. 72. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. All gates providing access from a road to a driveway shall be located at least 30-feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40-foot turning radius shall be used. Gates shall be power operated and equipped with a Fire Department override system consisting of Knox Key Operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review and approval prior to installation. FEES AND DEPOSITS 73. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 74. School impacts shall be mitigated in accordance with the provisions of AB 1600, Section 53080 and 65995 of the Government Code, or the them existing legislation and/or local ordinances adopted pursuant thereto, or any applicable Mitigation Agreement entered into by the developer and the Coachella Valley Unified School District. In addition, the City, developer and District shall cooperate in exploring alternatives to provide lands or facilities to the District, through joint use agreements, dedications, or Mello -Roos District formation. CONDTTM28838(Reilly)-25 75. 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. 76. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. 77. Prior to final map approval, parkland mitigation fees for houses within SP 90-017 shall be paid to the Community Development Department. MISCELLANEOUS 78. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 79. Applicable conditions of Specific Plans 83-002 (Amendment #3) and 90-017 as amended shall be met prior to building permit issuance. 80. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. 81. The project's Homeowners' Association (HOA) will be organized to administer and maintain common open space, private roads, security, and architectural consistency pursuant Section 12.0 (phasing and Implementation) of SP 90-017 and as required by SP 83-002. 82. On -site signs (temporary or permanent) shall comply with Chapter 9.160 of the Zoning Ordinance. Permanent tract identification signs shall be approved by the Planning Commission prior to installation. 83. Temporary on -site sales facilities are subject to the requirements of Section 9.60.250 of the Zoning Code (i.e., Minor Use Permit). 84. Detached guest houses within the tract shall comply with the requirements of Section 9.60.100 of the Zoning Ordinance. 85. Prior to building permit issuance, housing plans shall be reviewed and approved by the Planning Commission pursuant to Sections 9.210.010 (Site Development Permit) and 9.60.300 (Compatibility Review) of the Zoning Code. 86. Prior to the issuance of a Certificate of Occupancy for the 3e housing unit, permanent restroom buildings for golfers and golf course maintenance workers shall be constructed, if they do not exist at that time. A minimum of two common area restroom buildings shall be provided. 87. Developer (or property owner) agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. CONDTTM28838(Reilly)-25 ATTACHMENTS ATTACHMENT 1 52nd 1 AVENUE va 53rd AVENUE 0 z 54th AVENUE Z m � a PGA WEST Z AIRPORT BLVD. PROJECT SITE 58th AVENUE VICHTY MAP NOT TO SCALE 0 0 Z CASE No. TENTATIVE TRACT NO. 28838 Y t PGA WEST MUM uF,LLY RH liomEs MMLTANI 'RACT IAP 10. 28838 PGA WEST 2 ' ATTACHMENT 2 LOT R. 4 —4 . ........................... LOT 'S* 'Lu co 16 Sw % TOM - - 40 '4 J" Noma 0 !7 7F=-