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1998 09 08 PCs((�''�` w Qum& • Z it CF via OF TNT PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California September 8, 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 98-063 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 July 28, 1998 B. Department Report PC/AGENDA V. PUBLIC HEARINGS: A. Case ..................... TRACT MAP 28470 AMENDMENT #2 Applicant . . ............. Tradition Club Associates c/o Winchester Development Location ................ Southern terminus of Washington Street at 52nd Avenue Request ................. Approval to revise Condition #52 of City Council Resolution 97-28 to phase the construction of a wall along the north and west perimeter of a triangular piece of property north of 52" Avenue at the west end of Avenida "Nuestra, which is part of the Tradition Club Action ................... Resolution 98- B. Case ..................... SITE DEVELOPMENT PERMIT 98-628 Applicant ................ RJT Homes, LLC Location ................. Within the Citrus Course project (specifically on Toronja and Azahar, west of Mango in Tract 28797) in "The Ranch' Specific Plan area Request ................... Approval of architectural and landscaping plans for three new prototype residences Action ................... Resolution 98- C. Case ..................... SITE DEVELOPMENT PERMIT 98-629 Applicant ............... KSL Desert Resorts, Inc.. Location ................ West side of Avenida Obregon, south of Avenida Fernando, west of the Tennis Clubhouse in the La Quinta Club & Resor Request ................. Approval to add a 2,882 square foot fitness center addition tc the Tennis Pro Shop and construct an adjacent 1,288 square foot Movement Center Action ................... Resolution 98- VI. BUSINESS ITEMS: A. Case ..................... Applicant ............... Location ................ Request ................. Action................... INTERPRETATION OF USE Mark J. Hastings,Owner/Director - First School of the Deser Low Density Residentially Zoned Districts Request to process childcare facilities under a Conditional Use Permit in Low Density Residential zones Resolution 98- B. Case ..................... SIGN APPLICATION 98-430 Applicant ............... W. Simmons Mattress Location ................ One Eleven La Quinta Center, west of Wal Mart Request ................. Deviation to sign program to permit corporate sign for nevi business in One Eleven La Quinta Center west of Wal Mart of the north side of Highway 111 Action .................. Minute Motion 98- PC/AGENDA VII. CORRESPONDENCE AND WRITTEN MATERIAL VIII. COMMISSIONER ITEMS A. Commission report on the City Council meeting of August 18, 1998 and September 1, 1998 IX. ADJOURNMENT PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quints City Hall 78-495 Calle Tampico, La Quinta, CA July 28, 1998 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Tyler who asked Commissioner Robbins to lead the flag salute. B. Chairman Butler requested the roll call: Present: Commissioners Abels, Kirk, Robbins, Butler, and Chairman Tyler. C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Associate Engineer Fred Bouma, 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 Tyler asked if there were any changes to the Minutes of July 14, 1998. Commissioner Robbins asked that Page 5, Item 8 be corrected to spell "aquifers". Chairman Tyler asked that Page 5, Item 11 be deleted as it was repeated on Page 7, Item 7. There being no further corrections, it was moved and seconded by Commissioners Abels/Kirk to approve the minutes as amended. Unanimously approved. B. Department Report: None V. PUBLIC HEARINGS: A. Site Development Permit 98-626; a request of Real Property Associates for approval to construct a 5,500 square foot commercial building on a 30,850 square foot site in the Regional Commercial Zone within the One Eleven La Quinta Shopping Center. 1. Chairman Tyler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. CAMy Documents\WPDOCS\pc7-28-98.wpd Planning Commission Meeting July 28, 1998 2. Commissioner Abels asked who the tenant would be. Staff stated the applicant could address this. 3. Commissioner Kirk asked if under Quality Assurance, within the Conditions of Approval, what sort of quality assurance measures does the City require as part of the construction. Associate Engineer Fred Bouma stated the Public Works Department was interested mostly in the site improvements. The type of quality assurance they are interested in is the review of the designs and materials used in the pavements, concrete, trench back fill, someone observing and providing inspection reports that this construction meets the standards for the design life of the improvements. 4. Commissioner Kirk asked if City staff reviewed those tasks or just assumes the applicant has quality assurance as part of the project. Staff stated they are responsible for the overseeing of the quality of the project. Some items are done "out of house" and are paid for by the developer, but staff oversees everything. 5. Commissioner Butler asked staff to explain what the Architecture and Landscaping Review Committee (ALRC) recommended. Staff stated the only ALRC concern was lack of design interest on the east side of the building and the Highway I I I entry and their recommendation for additional plant material. 6. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Rob Sanford, speaking on behalf of the developer, stated his architect was not able to attend, but they have conformed to the architecture and landscaping requirements adopted for the Center. It is to be a multi -tenant building and because of the storefront facing westerly, they have created a canopy with an overhang to create an architectural theme with vining on the columns. In regard to the ALRC comments, one item of concern was how the :landscaping on the east elevation would be addressed. To address this concern, they would be lining up the date palms at approximately the same height as those at the Boston Market. He has retained Michael Buccino to prepare landscaping that will soften the back of the building. It is not their desire to install the vining as they do not believe this will be a long term solution. 7. Commissioner Abels asked who the tenants would be. Mr. Sanford stated one would be Starbucks. He is currently talking with other national and regional tenants for the remainder of the building; but there will be three or four. others. CAMy Documents\WPDOCS\pc7-28-98.wpd 2 Planning Commission Meeting July 28, 1998 8. Commissioner Butler asked about the realignment of the sidewalk and if it was compatible with the Highway I I I Design Guidelines. Planning Manager Christine di Iorio stated it met the guidelines. Associate Engineer Fred Bourna stated that after reviewing the site, he determined the sidewalk realignment could be made and still retain the graceful sweep to all curves through this area. A condition was added that the applicant would have to coordinate with City staff inspectors as to exactly how the forms would be installed. 9. There being no further public participation, the public comment portion of the hearing was closed and open to Commission Discussion. 10. Commissioner Robbins asked why there was a duplication of Conditions 415, #16, #30, and #31. Staff stated that Conditions #30 and #31 would be deleted. 11. Commissioner Butler asked about Condition #22 regarding retention of on - site or nuisance water. Associate Planner Fred Bouma stated that stormwater drainage was drained to the channel, but nuisance water, which is contaminated water, is required to be retained otherwise according to the National Pollution Discharge Elimination System (NPDES) under the Clean Water Act. Commissioner Butler noted that other properties within this development are currently using the Channel for nuisance water. Staff stated the approval for the specific plan for the entire development was prior to the enactment of the Clean Water Act in 1989. Some of the conditions could be challenged by the applicant because of this; but since the City is backed by Federal Law, it is staff s understanding the City would prevail. This is only for nuisance, or irrigation water. Discussion followed regarding the how the water could be retained. 12. Commissioner Kirk asked if the City should know how the nuisance water will be retained and disposed of before approving the project. Staff stated it is a part of the plan review process. It will not affect the grading plan, but they will probably need to show a basin with an infiltration device. 13. Conunissioner Kirk stated he supported the suggestion of the ALRC and the applicant's request. 14. Chairman Tyler questioned Condition #39 as he was concerned the landscaping should also be kept low at the entryway/corner/crossway and he would like this included in the condition. Staff stated they would add it to the condition. CAMy Documents\WPDOCS\pc7-28-98.wpd 3 Planning Commission Meeting July 28, 1998 15. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 98- 055 approving Site Development Permit 98-626. a. Condition #39 - requiring the landscaping not block the site visibility at the corner of Highway 111 and the entrance, and the interior corner at the sidewalk, and change the word enhance to ensure. b. Deletion of Conditions #30 and #31 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. B. Site Development Permit 98-623; a request of Kerr Project Services and Hall & Foreman, Incorporated for approval to construct an International House of Pancakes Restaurant on 1.21 acres in the Regional Commercial Zone within the Jefferson Plaza Shopping Center. 1. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manger Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff clarified that outdoor seating would be provided. 2. Chairman Tyler asked if the area was intended as waiting seating or a dining area. Staff stated it was for dining. Chairman Tyler asked if the previous application for a restaurant was still valid. Staff stated it had been withdrawn. 3. Commissioner Kirk asked if on Page 3 of the staff report, where it called for turf to be used to soften desertscape setting, was this being required because of the Highway 111 Design Guidelines. Staff stated no, the site had already been planted and some mounding would be provided at the corner. 4. Commissioner Kirk asked if the design guidelines applied to the entire property, or where? Staff stated it only applied to the 50-foot Highway 111 setback. 5. Commissioner Kirk asked which signs would apply to the minor deviation request and which would not. Staff stated the deviation was to allow three lines of copy on the south elevation sign. The east is consistent with the sign program. Commissioner Kirk asked if the sign program took into consideration the allowance for National tenant logos. Staff stated there are three elements to the sign program: the Center sign program, the Highway I I I Design Guidelines, and allowances for Nationally recognized companies. CAMy Documents\WPD0CS\pc7••28-98.wpd 4 Planning Commission Meeting July 28, 1998 6. Commissioner Butler noted the Architectural and Landscape Review Committee had no comments in regard to the project and he was personally glad to have this business in the City. 7. Chairman Tyler stated he had visited the two other IHOP's in the desert and the signs are consistent with the others. He noted the front entranceway was not directly adjacent to the parking lot and would require a long walk to the entrance which could be a problem in the heat of the day. 8. Chairman Tyler asked if anyone would like to speak regarding this project. Ms. ]Deborah Kerr, representing the applicant as consulting project manager, stated she was present to address any questions the Commission may have. In regard to their question concerning the orientation of the building, the purpose is to face the entrance to Highway 111. 9. Commissioner Kirk asked about the use of turf abutting the north elevation as to whether they felt strongly about it. Commissioner Kirk asked if they would be interested in providing a more desert landscape. Ms. Kerr stated it was their desire to be compatible with the remainder of the Center. 10. Commissioner Kirk asked if there was a lot of turf on the interior of the Center. Planning Manager Christine di Iorio stated it was used mostly on the wider planters adjacent to Jefferson Street and along Highway 111. 11. Chairman Tyler stated there was a door shown on the west side of the building facing the parking lot and asked if this was an emergency exit. Ms. Kerr stated it was the door to the outside serving area. 12. Chairman Tyler noted the north elevation appeared to need additional landscaping to buffer its appearance. 13. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 14. There being no further discussion, it was moved and seconded by Corrunissioners AbelsButler to adopt Planning Commission Resolution 98- 056 approving Site Development Permit 98-623. 15. Commissioner Kirk asked that the use of turf, in the north planters, be decreased and stated he would not support the applicant's request for deviation of the sign. In his opinion, the extra line was not necessary as IHOP is a National entity and well recognized; a customer would know who they are without the word "Restaurant". He would suggest the landscaping be drought tolerant. CAMy Documents\WPDOCS\pc7-28-98.wpd 5 Planning Commission Meeting July 28, 1998 16. Chairman Tyler stated he too was concerned about the word "Restaurant", but noted it was included on the other restaurants and appeared to be a part of their National logo. 17. Commissioner Kirk stated this may be true and it may be larger in other cities, but in La Quinta they are trying to be sensitive to design guidelines, in particular signs, and even though it is a minor deviation, it could be the "tip of the iceberg", and he would hate to see sign proliferation in the City, especially along Highway 111. 18. Commissioner Robbins asked the applicant to respond. Ms. Kerr stated the word "Restaurant" is part of their registered trademark logo and they would like to retain it. Following discussion, it was determined the sign would remain as submitted by the applicant. 19. Planning Manager Christine di Iorio stated Condition #35 would be modified to substitute some of the turf in the north planter with a desert planting scheme. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. C. Environmental Assessment 98-360 and Tentative Tract Man 28867; a request of Winchester Development Company, for Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 98-360 and recommendation for approval of a reconfiguration of Tract 28470 to create an additional 32 residential lots. Chairman Tyler 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. Staff informed the Commission of the modification to Condition #57 and the addition of Condition #58. 2. Commissioner Butler asked if the 17-foot height limitation was for the houses in the south end of the tract. Staff stated it was for those homes that would be parallel to Avenida Bermudas and on Del Gato Drive. 3. Commissioner Robbins asked for clarification on the number of lots being deleted. Why was staff more concerned about increasing the lots in the lower part. and not those in the upper portion of the tract. Staff stated that with the development and analysis of the entire tract, there would not be the visual CAMy Documents\WPD0CS\pc7••28-98.wpd 6 Planning Commission Meeting July 28, 1998 impact on the upper lots as there would be on the lower lots. Staff is recommending denial of the reconfiguration for Lots 50 through 68; but approval of Lots 94 through 106. 4. Chairman Tyler asked about the impact of the letter from the Department of Fish and Wildlife Service. City Attorney Dawn Honeywell stated the Fish and Wildlife letter had been received and even though Fish and Wildlife believe the project may have an impact on the sheep in the hills, the City had received no evidence to substantiate their claim. There is no evidence that a change to the lot configuration of a tract within an already graded development would have any impact. 5. Commissioner Abels asked if any sheep had been seen in this area. No comment was made by staff. 6. Commissioner Butler stated he was concerned about the impact of a fence as recommended by the Department of Fish and Wildlife. City Attorney Dawn Honeywell stated a fence in this area would be against City regulations if it were to be constructed above the 20% grade. Commissioner Butler asked if it would be possible to ask someone from the Department of Fish and Wildlife to present their argument to the Commission. City Attorney Dawn Honeywell stated that as projects are brought to the City, there will be several opportunities to hear from the Department of Fish and Wildlife. 7. Cormissioner Kirk asked if the Department of Fish and Wildlife had reacted to the HUGO Ordinance. City Attorney Dawn Honeywell stated no information had been received. Commissioner Kirk stated his disappointment with the Department to not provide the Commission with a recommendation for guidance in conjunction with this request. 8. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Mike Rowe, representing the applicant, stated he appreciated working with staff and the Commission on this development. The reason for this request was due to the demand of the real estate market. He then questioned Conditions #21 which requires them to apply for a COLMAR. As they were not changing anything on the FEMA maps, he did not believe it applied to this tract, or the project as a whole. Condition #57, they were asking to be deleted as they have provided additional setbacks which creates more open space. 9. Chairman Tyler asked if the lots along Del Gato had been graded for the prior configuration. Mr. Rowe stated the reconfiguration will cause the lots to step down quicker and thus will have to be regraded. C:\My Documents\WPD0CS\pc7-28-98.wpd 7 Planning Commission Meeting July 28, 1998 10. Commissioner Butler stated he too questioned why the project had to meet the requirement for FEMA. Mr. Rowe stated the master drainage program that was constructed within the project was to take care of this. Associate Engineer Fred Bouma stated this is not a new condition, it is a carryover from the original Conditions of Approval. There are retention basins within this development that are Zoned AO on the National FEMA Map. AO is a designation which is very expensive to obtain insurance for. In order to get a letter of map revision, or the COLMAR, for your property, once it is classified as being in this zone, you have to prove that your home is not a part of this area which is a long and tedious process. FEMA will not allow the City to make the determination. The property owner must submit an application and then follow the process. The maps that are used to determine whether a property is within the area or not, does not show property lines. It only indicates an area and it is the property owner's responsibility to prove whether or not their property is within the area. The City is conditioning the developer to take care of this process for the future property owners. It is not expensive for the developer when he has a large group of properties for which mapping is already on the computer and surveyors and engineers are available who can make a group, multiple property request for letters of map revision, or at least recognition that these properties are not within the flood zone. Mr. Rowe stated he did not disagree with what staff has stated, but the normal process is for the lender to require it of the property owner. His concern is that it is required prior to pulling a building permit. 11. Commissioner Kirk stated that if this was a condition placed on the original development, and building permits have been issued, is this condition not being met or what? Associate Engineer Fred Bouma stated it is possible that building permits are being issued without this condition being met. Commissioner Kirk asked if it could be verified that this condition was contained in the original conditions. Discussion followed regarding the conditions. 12. Commissioner Robbins asked for clarification on the word "near existing special flood hazard areas". Staff would look into the matter. 13. Commissioner Kirk stated in regard to staff s recommendation for Lots 50 to 68, the applicant indicated the step down would dramatically reduce the visual impact. At Lot 68, the highest elevation, it appears it would be the same regardless of what is decided. Lot 50, which is the lowest elevation, would also be the same. Will these lots be graded different so that all lots between 50 and 68 would be dropped some appreciable distance? Mr. Rowe explained the reduction process and what the visual impact would be with the increase/decrease in lots. Discussion followed regarding the elevation change and roof massing which could affect the visual impact. CAMy Documents\WPD0CS\pc7-•28-98.wpd 8 Planning Commission Meeting July 28, 1998 14. Associate Engineer Fred Bouma stated the condition regarding FEMA was contained in the original conditions for the project and staff would need to offer the applicant an opportunity to satisfy this condition. If the applicant could have the grading plans for all lots near the retention areas viewed by FEMA's consultant and obtain assurance from FEMA that the lots are not contained in the flood zone, it would be less complicated than the COLMAR process and would relieve the City of the responsibility for saddling the homeowners with the high flood coverage. City Attorney Dawn Honeywell suggested the condition be changed to read as it was worded in the original approval for the development. "The applicant shall comply with the City's Flood Protection Ordinance. The applicant shall apply for conditional letters of map revision from FEMA for all lots near existing special flood hazard areas within the development as shown on the Flood Insurance Rate Map. Prior to issuance of any building permit for these lots, the applicant shall have received relief letters for these lots. Prior to final inspection of homes on the lots, the applicant shall provide FEMA with the required `as built' information to receive FEMA letters removing the structures from the Special Flood Hazard Area." Staff will see that the condition is met before any further building permits are issued. 15. Commissioner Robbins stated he had a problem with this condition because dealing with FEMA is a long drawn out process and depending upon what the City's interpretation of "near" is, the City could delay the project for a number years and he is not sure that is necessary. Associate Engineer Fred Bouma suggested it be amended to apply only to the fronting units. Community Development Director Jerry Herman stated the original condition applies to the overall project of the entire site and could not be changed during this public hearing. The Commission could reword or delete Condition #21 for this tract, but regardless, the original condition for the entire site will remain in force. 16. There being no other public participation, Chairman Tyler closed the public participation of the public hearing and opened to issue for Commission discussion. 17. Commissioner Kirk stated the only outstanding issue is staff s recommendation on Lots 50 through 68. He would like to see a cross-section that more accurately depicts what the visual impact would be. 18. Commissioner Butler stated he agreed with Commissioner Kirk. He understands the consumer demand, but the roof massing does make it confusing as it is hard to envision what will really be built. He asked if staff could provide more information on the massing. Staff stated the applicant could be requested to provide additional information. CAMy Documents\WPDOCS\pc7-28-98.wpd 9 Planning Commission Meeting July 28, 1998 19. Commissioner Robbins stated he was not convinced that 35% more roof mass with the additional houses, is anymore than 35% roof mass with fewer houses. He questioned Condition #31.B.3. and the width of a cul-de-sac which he thought was too small. Staff stated it meets the Fire Marshal's requirements. Commissioner Robbins asked that Condition #48 be corrected to read "W-33". 20. Chairman Tyler stated his concern about the lots on Avenida Bermudas as they were an issue of great concern to the community. He recommended that Condition #58 be deleted. He would concur with leaving the lots at their current size as proposed under Condition #57. 21. Commissioner Kirk stated he would be willing to support staff s recommendation, but if the applicant would like to spend time with staff to give a presentation to the Commission that would substantiate his position and continue this item, he would like to make this suggestion. Chairman Tyler noted the next Commission meeting would not be until September. Mr. Rowe asked if there could be a recess to see if this could be resolved with staff at this time. Chairman Tyler recessed at 8:41 p.m. and reconvened at 8:48 p.m. 22. Following the break, staff recommended that the applicant increase the size of Lots 50 though 68 to 100-foot minimum widths. This will decrease the number of lots by approximately three instead of seven. 23. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 98- 057 recommending to the City Council Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 98-360. The findings were revised to reflect that the Commission believes by requiring the 100-foot lot size it would adequately mitigate the view corridor concerns. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. 24. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 98-058, recommending to the City Council approval of 'Tentative Tract Map 28867, subject to findings and conditions as amended: CAMy Documents\WPDOCS\pc7-28-98.wpd 10 Planning Commission Meeting July 28, 1998 a. Condition #21 would be deleted. b. Condition #48 correct to read "CVWD Standard W-33". C. Condition #57 would be modified to require Lots 50-68 to have 100- foot widths. d. Condition #58 - added: "For a distance of 150-feet east of the ultimate right-of-way of Avenida Bermudas, single family residences shall be restricted to a maximum of 17-feet in height, excluding any roof projections (chimneys, etc.), which are subject to the requirements of the Zoning Ordinance for all lots abutting Del Gato and parallel to Avenida Bermudas." ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. A. Environmental Assessment 98-359 and Conditional Use Permit 98-040; a request of La Quinta Golf Properties for approval of a Specific Plan to allow 28 resort residential lots and a recreation building with related amenities, and approval of a conditional use permit to allow construction of 28 resort residential units. 1. Chairman Tyler 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. Staff noted one additional condition to the Specific Plan; Condition #23 be changed to require the maximum building height to be 28-feet instead of 34, and add a condition to state the conditional use permit will not be valid until the Zoning Code update becomes effective. 2. Connnissioner Robbins asked if the only place the building would be visible would be from the access road to Lake Cahuilla. Staff stated that from outside the project, yes. 3. Commissioner Kirk stated the elevations were one story and if two story was being considered he would like to the elevations to come back to the Commission, especially if they are going to 34-feet. He questioned why a specific plan application was needed for a relatively small project, and asked if a specific plan was needed for a resort -residential project. Planning Manager Christine di Iorio stated no, it would only need a conditional use permit and site development permit. Community Development Director Jerry Herman stated the reason for the specific plan is because the applicant wanted to deviate some of the zoning standards and in order to do this a specific plan would be required. The deviation is to allow parking spaces instead of parking garages, one space for each bedroom. CAMy Documents\WPD0CS\pc7-28-98.wpd I I Planning Commission Meeting July 28, 1998 4. Commissioner Abels stated he agreed with the 28-foot height limitation. 5. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Tim Day, Keith International, Inc., spoke on behalf of the applicant, and stated they had no objection to the 28-foot requirement. In regard to Plan 3 they would like to have the opportunity to have the two story, knowing that they would be required to come back to the Commission for approval at a future date. He asked when the Zoning Code update would become effective. Staff clarified it would become effective 30-days after the second reading of the Ordinance on August 4, or mid September. Mr. Bain stated his concern was the four building plans that were in for plan check. Staff stated they can pull a building permit, but cannot use the building permit for a resort residential until the zoning changes are in effect. City Attorney Dawn Honeywell clarified the reason they had to wait until the Zoning Ordinance took effect was the change to allow resort residential in a residential zone with the conditional use permit. The building is not an issue, it is the planned use of the building. Mr. Bain requested Condition #9 be deferred to Condition #12 and it is their belief they are somewhat competitive and asked that Condition #9 be deleted. Associate Engineer Fred Bouma stated that the ten foot easement came from a request of Imperial Irrigation District many years ago. Staff has no documentation or reason to not support the recommendation for deletion, but will re-examine the condition and speak to Imperial Irrigation District before the project goes to the City Council to see if the condition can be modified or deleted. He does concur with the deletion of Condition #9. 6. There being no other public participation, Chairman Tyler closed the public comment portion of the public hearing and opened the hearing for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 98- 059 recommending to the City Council Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 98-359. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. 8. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 98-060, recommending to the City Council approval of Specific Plan 98-032, subject to findings and conditions as amended: CAMy Documents\WPD0CS\pc7-28-98.wpd 12 Planning Commission Meeting July 28, 1998 a. Condition #9 being deleted. b. Add a condition to the specific plan to require a 28-foot height limitation for the buildings. C. Correct the wording on Condition #21. 10. Commissioner Robbins stated his concern with the corner of Lake Cahuilla and Quarry Road as it could be a safety hazard. Staff suggested that a new Condition #24 be added to require adequate visibility at that corner. d. Add a new condition #24 requiring adequate visibility at the corner of Lake Cahuilla and Quarry Road 11. Chairman Tyler stated his concern about the parking requirements for overflow parking needs. Principal Planner Stan Sawa stated parking would be permitted at the curb as well as the parking lot and parking spaces. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. 12. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 98-061 recommending to the City Council approval of Conditional Use Permit 98-040, subject to the findings and conditions as amended: a. Adding the effective date of the Conditional Use Permit to the conditions. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. B. Tentative Tract Map 28738; a request of KSL Land Corporation for approval of a subdivision of 8.27 acres into 22 single family and other common or street lots within the boundaries of Specific Plan 83-002, Amendment #3 within PGA West. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the staff report, a copy of which is on file in the Community Development Department. Staff stated they were requesting Condition #32 be clarified to state that in regard to the PGA West Off -Site Improvement Phasing Plan, that as a requirement of the Specific plan, prior to final map submission, the PGA Off -Site Improvement Phasing Plan shall be submitted and approved to the satisfaction of the City Engineer. In addition, staff would like to recommend modifying that the applicant shall satisfy this tract's share of off -site street obligations to be CAMy Documents\WPDOCS\pc7-28-98.wpd 13 Planning Commission Meeting July 28, 1998 specified in the PGA West Off -Site Improvement Phasing Plan for approval by the City Engineer. This is a clarification of the timing and the completion of the; improvement phasing plan. 2. Commissioner Kirk asked for clarification as to whether or not a PGA West Off -Site Improvement Phasing Plan existed at this time. Staff stated there is one in draft stage and staff is working with the applicant to finalize it. One did not exist for the prior phases. City Attorney Dawn Honeywell stated this plan was being prepared now, because all the tracts required the improvements to be done at some future time and that time needed to be clarified as to when the obligations would be completed. This plan will determine when each of the improvements will be completed in conjunction with the tracts. 3. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Chris Berg, civil engineer for the project, stated they are in agreement with all conditions as presented and amended. 4. Chairman Tyler asked about Condition #10 in regard to the golf cart crossing on Madison Street and the signalization. Mr. Berg stated it was his understanding there would be signalization at Airport Boulevard and Madison Street, but the golf cart crossing would probably be east of Madison Street. Ms. Cindy Zamora, representing KSL Development, stated they do plan to have signal lights at Madison Street and Airport Boulevard and will be requesting to have surface crossing for the Greg Norman Course, north of Airport Boulevard. Planning Manager Christine di Iorio stated that prior Council approvals allowed a round -about at this intersection as well. 5. There being no other public participation, Chairman Tyler closed the public participation and opened to Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 98-062 recommending to the City Council approval of Tentative Tract 28738, subject to the conditions as amended. a. Condition #32 be clarified to state the PGA West Off -Site Improvement Phasing Plan, prior to final map submission, the PGA Off -Site Improvement Phasing Plan shall be submitted to and approved to the satisfaction of the City Engineer. b. The applicant shall satisfy this tract's share of off -site street obligations to be specified in the PGA West Off -Site Improvement Phasing Plan for approval by the City Engineer for clarification of the timing and the completion of the improvement phasing plan CAMy Documents\WPD0CS\pc7-28-98.wpd 14 Planning Commission Meeting July 28, 1998 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEM: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONERS ITEMS. A. Chairman Tyler gave a report of the Council meeting of July 20, 1998. B. Community Development Director Jerry Herman informed the Commission of the dates for the two joint workshops to be held with the City Council to review the General Plan. They will be advertised to obtain public input. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission .to be held on September 8, 1998, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:24 P.M. on July 28, 1998. CAMy Documents\WPDOCS\pc7-28-98.wpd 15 PH #A STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 8, 1998 CASE NO.: TENTATIVE TRACT 28470 AMENDMENT #2 REQUEST: RECOMMENDATION FOR APPROVAL OF AN AMENDMENT TO CONDITION NO. 52 OF TRACT MAP 28470 TO DELAY UNTIL THE CERTIFICATE OF OCCUPANCY FOR THE 20TH HOME THE REQUIREMENT FOR COMPLETION OF THE PERIMETER WALL AT THE NORTH AND NORTHWEST PROPERTY LINES OF A TRIANGULAR PARCEL IN THE TRADITION CLUB. LOCATION: ALONG A PORTION OF THE NORTH AND WEST PROPERTY BOUNDARY FOR THE TRADITION CLUB, NORTH OF 52 ND AVENUE, EAST OF DESERT CLUB DRIVE, AT THE WESTERN END OF AVENIDA NUESTRA (ATTACHMENT 1). APPLICANT: WINCHESTER DEVELOPMENT COMPANY, LLC ENVIRONMENTAL CONSIDERATION: ENVIRONMENTAL ASSESSMENT 96-333 WAS CERTIFIED WITH A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT FOR TRACT MAP 28470 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. GENERAL PLAN/ ZONING DESIGNATIONS: LOW DENSITY RESIDENTIAL (LDR); LOW DENSITY RESIDENTIAL (RL) Site History: On April 1, 1997, the City Council approved (Res. 97-28) Tentative Tract 28470 for the Tradition Club project. The City Council approved (Res. 98-18) Amendment #1 to the tract map on March 3, 1998, that revised Condition No. 79 regarding house heights on lots parallel to Avenida Bermudas. Perimeter walls consisting of solid masonry block with squeeze joints and brick cap have been constructed immediately surrounding the Tradition in compliance with the Conditions of Approval. On July 1, 1998, the applicant submitted a letter of request to amend Condition No. 52 of Tract 28470 (Attachment 2). On September 3, 1998, the applicant submitted a modification to the request (Attachment 3). The Conditions of Approval (Res. 97-28) are included as Attachment 4. ... The Final Conditions of Approval for Tract 28470 Amendment No. 1 include Condition No. 52 that requires, prior to issuance of a Certificate of Occupancy for the first residential unit, a perimeter wall along the north property line on the north side of 52nd Avenue connecting to the Citrus development to the east, and west to approximately east of Desert Club Drive shall be constructed. Condition No. 52 is presented below followed by the applicant's request and staff's analysis. 52. A. Prior to issuance of the Certificate of Occupancy for the clubhouse, the applicant shall construct a minimum six foot high solid meandering masonry wall adjacent to Avenida Bermudas, along the south side of 52"d Avenue, and the portion of the east boundary not abutting the mountains. These walls shall be in compliance with the location, design, and materials as approved by the City Council. Analysis: There is no request for modification to this section. These walls have been constructed. B. Prior to issuance of the Certificate of Occupancy for the first residential unit, a perimeter wall along the north property line shall be constructed utilizing the following design features: 1. The existing wall design located at the southern terminus of Washington Street, shall be continued along both sides of Washington Street and around the corners for a short distance to be determined by the Community Development Director. Request: The applicant requests to modify the requirement for completion of the perimeter wall by the time of issuance of a Certificate of Occupancy for the 20th custom home within the Tradition Club. Analysis: The applicant's request would result in 19 residential units within the Tradition Club being occupied prior to the completion of the north property boundary perimeter wall. These units could be occupied for a period of approximately 3 months before the wall is completed. Currently, there are 9 custom homes under various stages of construction, with 6 more homes in plan check, and approximately 6 more ready for submittal to the City for plan checking. The 20 h home is estimated to be under construction by the end of the year. 2. Westward from Washington Street, along the north property line, the applicant shall utilize the approved perimeter wall design to be constructed along Avenida Bermudas, to the northwest corner, then proceed southward along the west boundary to the ultimate right- of-way on the north side of 52"d Avenue. Request: The applicant has dropped the request for modification to this portion of the Condition. 3. Eastward from Washington Street, along the north property line, the applicant shall utilize the applicant's wall design found along the north side of 52"d Avenue to complete a perimeter wall. Request: The applicant has dropped the request for modification to this portion of the Condition. The location, design, and materials on the north property line wall shall be subject to review and approval of the Community Development Director prior to recordation of the first final map. Request: There is no request to modify this section of the Condition. This map amendment was advertised in the Desert Sun newspaper on August 18, 1998. All property owners within 500-feet of the Tradition Club were mailed a copy of the public hearing notice as required by the Subdivision Ordinance of the La Quinta Municipal Code. As of August 25, 1998, no written comments from the public have been received. All written comments received are on file with the Community Development Department. There were no significant comments regarding this request received by the City. STATEMENT OF THE ISSUES: Based on the provisions of the General Plan, Zoning Code, and the Subdivision Ordinance, the following overview of the request to modify Condition No. 52 is provided: Issue 1 - Environmental Impacts Environmental Assessment 96-333 was certified with a Mitigated Negative Declaration of Environmental Impact for Tentative Tract 28470, in 1997. A noise study was prepared for the Tradition Club that recommended a solid masonry wall around the perimeter of the development to serve as mitigation for noise impacts. The recommended mitigation measure was included as Condition No. 52 in the Conditions of Approval. Tentative Tract 28470 - Tradition Club was conditioned to construct a perimeter wall around the project, including the north property line, prior to issuance of a Certificate of Occupancy for the first custom home constructed within the development to ensure that the wall was completed. In 1985, the realignment of 52nd Avenue (Specific Plans 85-005A and 85-005B) was approved as Street Vacations 85-007a and 85-007b, with the condition that a perimeter wall be constructed to mitigate noise impacts to the existing residential units adjacent to the north property line. The noise study prepared in 1985, for the 52nd Avenue street vacation, concluded that there would be significant noise impacts to the residential area adjacent to the north resulting from the realignment of 52nd Avenue and that the recommended mitigation was a berm with a 6-ft. masonry wall along the north property line. This berm and wall combination would serve to reduce the significant noise impacts. The realignment of 52nd Avenue was approved in order to facilitate a more unified development of the Marshal Ranch property, and to lessen the severity of curves in the roadway for safety concerns. Finding: To delay construction of any portion of the perimeter wall until before issuance of the Certificate of Occupancy for the 20th custom home within the Tradition Club would result in incomplete mitigation for noise impacts for a period of time. However, the applicant has bonds in place to guarantee the eventual construction of the perimeter wall, and considering the current pace at which construction of custom homes is taking place within the development, the completion of the wall by the 201h home would not be a significant breech of the noise mitigation requirement. Issue 2 - General Plan and Specific Plan Consistency The City's General Plan designates the area specific to the applicant's request as Low Density Residential (2-4 dwelling units per acre) which allows single family housing. The triangular parcel is currently vacant, and there are no approved plans for development. The requested delay of this portion of the perimeter wall would not be inconsistent with the goals and policies of the General Plan. However, the request to delay the wall would be inconsistent with the requirements of Specific Plan 85-005a and 85-005b. This specific plan required the realignment of 52"d Avenue, and included the construction of sound walls for noise impacts. Fin To delay construction of any portion of the perimeter wall would be inconsistent with Specific Plan 85-005a and Specific Plan 85-005b, however, modifying Condition No. 52 to require the completion of the perimeter wall before issuance of a Certificate of Occupancy for the 20' home does not appear to pose a significant problem given the current pace of construction within the Tradition Club. Issue 3 - Health and Safety Necessary infrastructure improvements have been installed for the majority of Tract Map 28470. This includes water, sewer, streets, and other necessary improvements including major portions of the required perimeter wall. The health, safety and welfare of residents both within, and outside of, the Tradition Club, is ensured based on recommended conditions, tract design, and by mitigation measures approved for Tentative Tract 28470. Finding: To modify Condition No. 52 as requested in Attachment 3 would result in an incomplete perimeter wall system which would have only temporary impacts on security and noise issues, given the current pace of custom home construction. Issue 4 - Tract Designl'Improvements The Tradition Club wars approved by the City Council with a perimeter wall with a historic squeeze -joint design. The requested delay, until prior to the issuance of a Certificate of Occupancy for the 20th custom home, of the construction of a portion of the perimeter wall adjacent to the north and west property boundaries of a triangular parcel within the development will not significantly alter the overall design of the tract perimeter wall or improvements. Finding: To require the completion of the perimeter wall prior to issuance of a Certificate of Occupancy for the 201h custom home within the Tradition Club until would not significantly impact the overall design of the tract improvements. RECOMMENDATION: 1. Adopt Planning Commission Resolution 98-_, recommending to the City Council approval of Tract Map 28470 Amendment 2, subject to the findings contained in the staff report, and attached Conditions of Approval. Attachments: 1. Location Map 2. Letter of request 3. Letter of request modification 4. Resolution 97-28 - Conditions of Approval Prepared by: Leslie MouriquIand, Associate Planner Submitted by: —1 2�aJ4.-4-- ed Baker, Principal Planner ATTACHMENT � -� i V- 1 1 0 1' iVl 1 N 1 M n N A C I 1: YS June 29, 1998 Jerry Herman Community Development Director City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Re: Condition 452 Change at Tradition Project Dear Jerry, ® With this request, please revise condition #52. We would like to omit the requirement of u: t our triangular piece of property northwest of Avenue 52 from having to construct a wall around its north and west perimeter at this time. The initial phase of the north side of the Avenue 52 will then have the wall terminate at the westerly end of Avenida Nuestra. This change will allow the future use in this remainder property to decide what wall will coincide with its development while giving the residents around Nuestra the completeness of a security wall for their needs. I would also like to modify the condition to have the wall be a meandering stucco wall painted white vs. the squeezed grout we are currently using. This will match the existing walls in the area more effectively and transition better into our product walls across the r�nc',1 <,��1r street. It also keeps our identity of the project in tact with the signature of the old Hacienda look that we are trying to represent. Lastly, the continuation of parkway improvements along the west side of Washington Street should have the responsibility of designing the cutback walls on the northwest comer of the intersection. This comment came up in our landscape plan check and might as well be clarified at this time. This approach keeps Tradition from putting a third, short wall which would only match the east side, not the rest of our newly constructed wall. When the remainder of Washington Street is built, the full complete walls will secure and beautify the rest of the community to the west and have the continuity of the landscaping theme on the east. Please call with questions. Very truly yours, MIKE ROWE /d •11 865 13oordw.ill< S, 'X -0- Palm D u rl, Cal;iornm u (/60) 310 3575 - , .I�S;i` 3.^ r •,h9 3EF1995 15: E PAL_.f l DESERT OFFICE IoNI N CH ESTE R development campanv. Lt_C" D r V E L J D M E 114 T h""� N A C E li September 3, 19518 P.01 ATTACHMENT #3 `D Leslie Mouriquandl FAX CORRESPONDENCE CnY OF LA QlViTA 777-7107 78-495 Calle Tarupico La Quinta, C.k 92253 7 Re. Tradiliolni Golf Club -- Avenue 52 D'✓elaprnc7t Dear Leslie, 'Aanagers 'With the new information regarding Avenue 52 that required the wall to he F, bjlider<of (built as part of mitigation for this vacation, T would life to modify my request for the condition change as follows: • Construction of the wall must be built before the Certificate of Cncst Occupancy be given for the 20th home, not the 10. This will allow for any contingencies during construction. re$' Please keep in mind we do have bonds in place and plans in for plan check to accomplish this task. res,drn cial ]Please let me know where I am scheduled on the next agenda. F ropQrw5. Very truly yo qr.14 MIKE ROWE /d 4� 4-665 9oerdwalk Palm. Ur5err, C3 .°o'n a (IL 0) 940 "25 ' Fz, (760) y}6 9056 TQTr L. P. DI ATTACHMENT4 RESOLUTION 98-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT #1 TO CONDITION 79 OF TENTATIVE TRACT 28470 TO REDUCE THE HEIGHT RESTRICTION CORRIDOR TO 150- FEET FOR LOTS 86, 182, AND 218 PARALLELING AVENIDA BERMUDAS WITHIN THE TRADITION CLUB CASE NO: TRACT 28470 AMENDMENT #1 TRADITION CLUB ASSOCIATES,'LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of March, 1998, hold a duly noticed Public Hearing to consider an amendment to Condition 79 of Tentative Tract 28470 to reduce the width of the 335- foot wide height restriction corridor to 150-feet wide, generally located at the south terminus of Washington Street and Avenida Bermudas; and, WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 24th day of February, 1998, hold a duly noticed Public Hearing to consider an amendment to Condition 79 of Tentative Tract 28470 to reduce the width of the 335-foot wide height restriction corridor to 150-feet wide, generally located at the south terminus of Washington Street and Avenida Bermudas; and, WHEREAS, the Planning Commission did recommend to the City Council approval of Tentative Tract 28470 on March 4, 1997; and, WHEREAS the City Council did approve Tentative Tract 28470 on April 1, 1997; and, WHEREAS, the request for a reduction in width of the height restriction corridor from 335-feet to 150-feet is supported by three line of sight studies that show there is a less than significant impact to the views of the Coral Reef Mountains; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make findings to justify the approval of said amendment to Tentative Tract Map; and, WHEREAS, at said Public Hearing said amendment was approved by the La Quinta City -Council based on said findings and subject to certain conditions, 1. The design and improvements of the proposed Tentative Tract 28470 Amendment #1 are consistent with the current goals and objectives of the. La Quinta General Plan in that the subdivision will result in the development of one • Resolution 98-18 Page 2 story, single family detached custom homes on Lots 85 to 94, 177 to 189, and 209 to 219 within a 150-foot wide, 17-foot high height restriction corridor paralleling Avenida Bermudas. 2. Tentative Tract .28470, Amendment #1 is consistent with current standards of the Municipal Zoning Ordinance in that the existing Zoning District is RL (Residential Low Density) with a maximum permitted building height of 28 feet. 3. Tentative Tract 28470, Amendment #1 is consistent with the standards of the City's Subdivision Ordinance in that * all proposed lots meet the required dimensions, slope gradients, and design for access and circulation. 4. The design of Tentative Tract 28470, Amendment #1 and its related improvements, are not likely to cause serious public health problems, or adversely impact the general public. welfare or safety, in that the Fire Department and the City's Building & Safety Department has reviewed the project for these issues with no significant concerns identified. 5. The design of the subdivision amendment, or the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidable injure fish or wildlife, or their habitat, in that Environmental Assessment 98-354, prepared for the amendment, did not identify any significant impacts for this issue. 6. The design of the subdivision, or type of, improvements will not conflict with easements, acquired by. the public at large, for access through, or use of, property within the subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; 2. That it does hereby approve the above described Tentative Tract Amendment, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at- a regular meeting of the La Quinta City Council, held on this 3rd day of March, 1998, by the following vote, to wit: 0 C Resolution 98-18 Page 3 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None lAl,,, ►�. • H`�• • Quinta,City of La ATTEST: 3'AUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWEL , City Attorney City of La Quinta, California F:\CITYCLRK\COUNCIL\PLAMN 4ING\Res 98-18 0 0 CITY COUNCIL RESOLUTION 98-18 CONDITIONS OF APPROVAL -FINAL TRACT 28470- AMENDMENT 1 TRADITIONS CLUB ASSOCIATES, LLC MARCH 3, 1998 * Modified by Planning Commission on March 4, 1997 * * Modified by City Council on April 1, 1997 * * * Modified by Planning Commission on February 24, 1998 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. Tentative Tract Map 28470 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. 3. 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) a Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) 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. For projects requiring 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. 1 0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment I March 3, 1998 4. 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. 5. All easements, nights -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 filing of a Certificate Of Compliance for Waiver of a Final 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. 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. 7. T he 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. Dedications required of this development include: A. 52nd Avenue from the west property boundary to Washington Street (Primary Arterial) - Fifty -five-foot right-of-way on south side of existing centerline. B. 52nd Avenue/Washington Street Intersection - As required by the City Engineer. C. 52nd Avenue from Washington Street to east property boundary (Major Arterial) - Sixty foot right-of-way on south side of existing centerline. D. Frances Hack Lane (Old 52nd Avenue) from'Avenida Bermudas to an easterly terminus to be determined by fire station access' needs - right-of-way to accommodate applicant's half of a 32-foot-wide street with culde-sac plus an eight foot parkway. E. Avenida Nuestra from Calle Guatemala to Calle Kalima (Local Street) Right-of- way to accommodate the applicant's half of a 32-foot-wide street. 2 ® 0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 F. Avenida Bermudas (Secondary Arterial) - Fifty foot half -width right -of way along the full frontage of this map. G. Avenida Bermudas - Easements, as required by the City Engineer, over the storm drainage ;system connecting Avenida Bermudas to the on -site regional stormwater system. H. A drainage easement to convey off -site storm water from the storm drain located on the south side of 52nd Avenue, near Fritz Burns Park, to the golf course retention area located inside Tract 28470. I. Avenida Bermudas, 52nd Avenue, and Lot '0' - Easements for emergency access drives. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. 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. 8. The applicant shall dedicate 1 0 foot public' utility easements contiguous with and along both sides of all private streets. 9. The applicant shall create perimeter setbacks, or minimum width as noted, adjacent to the following street rights -of -way; A. 52nd Avenue - 20-feet B. Avenida Bermudas - 1 0-feet - with the exception of the southwest corner where minimal landscape will be provided between the sidewalk and the wall. * *C. Avenida Nuestra - as necessary to accommodate slope from south curbline to wall. * *D. Remove the existing sidewalk and replace with a new meandering sidewalk not less than five (5) feet wide and not to exceed six (6) feet 3 0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 wide. For developments with public interior streets„perimeter setback lots shall be dedicated to the City. For developments with private interior streets, perimeter setback lots shall remain in private ownership. Where public sidewalks are required on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 10. The applicant shall vacate abutter's rights -of -access to 52nd Avenue, Avenida Bermudas, Frances Hack Lane, Avenida Nuestra, and the access drive from 52nd Avenue to the Fire Station. Access to these streets shall be restricted to access points approved by the City. 11. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. 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. 13. Sixty days after recordation of any final map, the applicant/developer shall process a Lot Line Adjustment along the north property line where it is contiguous to Lot 5, Block 6 of the Desert Club Tract Unit #2, to provide a five foot setback for the existing home that abutts-the property line. The common address of the subject property is 51-485 Calle Guatemala. �:_ a •' :►� '�. u:�' 14. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved 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. 15. Improvement plans submitted to the City for plan checking shall be submitted on 24' x 36' media in the categories of "Precise Grading," "Streets & 4 0 0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment March 3, 1998 Drainage," and "Landscaping." Grading, street and drainage plans shall be prepared by professional engineers registered to practice in California. Landscaping plans shall be prepared by licensed landscape architects. 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. "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. 16. 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. 17. 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. 18. 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 agendization of a final map or parcel map or issuance of a Certificate of Compliance for a waived Parcel Map. For secured agreements, security provided shall remain in effect until explicitly waived, reduced or released by the City regardless o t a passage o time, changes to or expiration of the improvement agreement or failure, of the secured party to make premium payments or fulfill other obligations to the surety. Reductions and releases of security shall conform with Chapter 13, La Quinta Municipal Code (LQMC). 5 0 0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 1,9. 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 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 Ibe 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. 20. If the applicant desires to phase improvements and obligations required by the Conditions of Approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. 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-, sequencing plan for that phase is approved by the City Engineer. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits, completion of final inspections on buildings, or otherwise withhold approvals related to the development of this project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 21. If improvements are phased with multiple final maps or other administrative approvals (Plot Plans, Conditional Use Permits, etc.), off -site improvements and development -wide improvements (i.e.: retention basins, perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the City Engineer. 22. Prior to agendization of any final map within this development, the applicant shall pay cash or enter into a secured agreement, approved by the City to pay 0 ® .0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 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. " Intersection of 52nd Avenue and Washington Street - 50% of the cost to design and construct traffic.signals. B. Avenida Bermudas - 50% of the cost of street and drainage improvements previously constructed by the City along the Avenida Bermudas frontage of this development. C. 52nd Avenue - 100% of the cost of existing street improvements along the 52nd Avenue frontage of this development. 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 obtain a Fugitive Dust Control Permit in accordance with Chapter 6.16, LQMC. The application for the permit shall include a Fugitive Dust Control Plan and Security, in a 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. The applicant shall apply for Conditional Letters of Map Revision from FEMA for all lots near existing special flood hazard areas (SFHAS) within the development (as shown on the Flood Insurance Rate Maps). Prior to issuance of any building permits for these lots, the applicant shall have received Belief Letters from FEMA for those lots. Prior to final inspection of homes on the lots, the applicant shall provide FEMA with the required as -built information to receive FEMA letters removing the structures from the SFHAS. . 26. The applicant shall . conduct a thorough preliminary geological and soils 7 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment Il March 3, 1998 engineering investigation and shall submit the report of the investigation ("the soils report') with the grading plan. 27. Prior to issuance of a grading permit, the applicant shall submit a grading plan meeting the approval of the City Engineer. 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 obtain approval of the grading plan from Coachella Valley Water District (CVWD). 29. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development, but not sharing common street frontage, where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 30. Prior to issuance of building permits, the applicant shall provide building pad elevation certifications which are stamped and signed by a California registered civil engineer or surveyor. The document shall list, by lot number, the pad elevations approved on the grading plan, the as -built elevations, and the difference between the two, if any. 31. Stormwater falling on site during the peak 24-hour period of a 1 00-year 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. All storm water exiting the storm drain located on the south side of 52nd Avenue shall be routed to an acceptable retention area located i nside Tract 28470. 33. 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. 8 0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 35. The development shall be graded to permit storm flow in. excess of retention capacity to flow out of ,the development through a designated overflow outlet and into the historic drainage relief route. 36. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. This drainage shall include the current inflow to the on -site regional stormwater system from the developed area to the west. 37. If any storm water or nuisance water from this development is proposed to drain to off -site locations, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize conveyance of contaminants to off -site locations. Drainage to off -site locations and methods of treatment or screening shall meet the approval of the City Engineer. 38. 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. 39. 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 of the City Engineer. 40. 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 certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions o the ordinance. E 0 • City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 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. *41. The applicant shall reimburse the successors or assigns of Landmark Land Company, upon written demand with proof of their rights (if any, for the purpose of this issue) in the amount of $ 1 1 8,27 5 for the improvements to 5 2nd Avenue which were previously installed west of the boundary of Tract 24889/24890. If Landmark Land Company or its successors or assigns, have been reimbursed by the City, the applicant shall reimburse the City for those costs. If no notification is received within 90-days following the recordation. of the first final map, this condition no longer applies. 42. Prior to recordation of the first final map f or this development, the applicant shall reimburse or secure reimbursement of the City and/or its redevelopment district for costs incurred in improvements to 52nd Avenue ($149,040) and Avenida Bermudas ($246,525). The developer is eligible for credits equal to the cost of removing and replacing the sidewalk along Avenida Bermudas as required in Condition 9. The listed amounts include the cost of storm drain improvements associated with those street projects. If the applicant provides security in lieu of reimbursement, the applicant shall provide the actual cash reimbursement prior to recordation of any final map which by itself, or in combination with previously -recorded maps under this tentative map, creates lots or fifty or more percent (50%) of the dwelling units proposed for this development. The City shall have the option of accepting additional landscaping and related street improvements along 52nd Avenue adjacent to Fritz Burns Park, which would not normally be required as a condition of approval for this project, and providing a credit against the reimbursements otherwise required under this Condition in an amount equal to the value of the additional improvements approved by the City Engineer and installed by the applicant. 43. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: *B. OFF -SITE STREETS 1►. 52nd Avenue from the west property boundary to Washington Street (Primary Arterial) - Install all remaining improvements far 10 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1, March 3, 1998 86-feet curb to curb improvement plus sidewalk, walls along both sides of the street and a raised landscape median, and landscaping in setback areas. 2). 52nd Avenue/Washington Street Intersection -As required by the City Engineer.' 3). 52nd Avenue from Washington Street to east property boundary (Major Arterial) - Install all remaining improvements for major arterial (51 -feet half street) on south side, remaining improvements to existing roadway on north side, sidewalk and walls along both sides, raised landscape median, and landscaping in setback areas. 4). Frances Hack lane (Old 52nd Avenue) from Avenida Bermudas to an easterly terminus to be determined by fire station access needs - Construct 32-feet curb -to -curb local street with landscaping in parkways. 5). Avenida Nuestra from Calle Guatemala to Calle Kalima (Local Street) - Construct the south side of a 32-feet curb -to -curb local street including landscaped setback. **B. PRIVATE STREETS AND CULS-DE-SAC * 1). Entry street - divided with two 24-feet lanes, unless reduced widths are' approved by the Fire Department. *2). Primary circulation streets - 36-feet wide 3). Residential - 36 feet wide if double loaded (buildings on both sides), 32 feet if single loaded 4). Cul de sac curb radius - 38-feet Bus turnouts, turn lanes, acceleration/deceleration lanes and/or 'Other features contained in the approved construction plans may warrant additional street widths or other measures as determined by the City Engineer. *44. Access points and turning movements of traffic shall be restricted as follows: A. Main access drive at the intersectiori of Washington and 52nd Avenue - 11 ® - • City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 Unrestricted. The applicant shall provide stacking room in the guardhouse lane for a minimum of three entering vehicles. *B. Emergency access drives from Avenida Bermudas, Frances Hack Lane, and maintenance yard entry drive - as approved by the Riverside County Fire Department and the Director of Public works. * C. (delete) *D. Maintenance yard access drive. The turning movements at the 52nd Avenue intersection shall be restricted -to right turn movements only. 45. Improvements shall include all appurtenances such as traffic signs, channelization markings, 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 shall be prepared for all on- and off -site street and access gates.. 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 cul-de-sacs, knuckle turns and corner cutbacks 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 in yard or drive areas and to facilitate street sweeping. 50. Street pavement sections shall be designed using the Caltrans procedure for a 20-year life and shall consider site -specific data including soil strength and 12 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment I March 3, 1998 anticipated traffic loading (including construction and home building activity). If streets are initially constructed with only a portion of the full thickness of pavement, the following shall apply: A. The pavement design shall consider the effect of construction and, other traffic loadings on, the partial pavement for the maximum period of time the applicant desires to delay,the final lift. B. If the delayed lift is less than '1 - 1 /2-inches in thickness, the lift shall not be placed between October 15 and March 15 unless approved by the City Engineer. Minimum structural sections for A.C. pavement 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 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. 51. Prior to occupancy of homes or other permanent buildings within the development, the applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along open access routes to those buildings. 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 (see provisions of above condition on street pavement sections). 13 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 * 52. A. Prior to issuance of the Certificate of Occupancy for the clubhouse, the applicant shall construct a minimum six foot high solid meandering masonry wall adjacent to Avenida Bermudas, along the south side of 52nd Avenue, and -the portion of the east boundary not abutting the mountains. These walls shall be in compliance with the location, design, and materials as approved by the City Council. B. Prior to issuance of the Certificate of Occupancy for the first residential unit, a perimeter wall along the north property line shall be constructed utilizing the following design features: 1 The existing wall design. located at the southern terminus of Washington Street, shall be continued along both sides of Washington Street and around the corners for a short distance to be determined by the Community Development Director. 2. Westward from Washington Street, along the north property line, the applicant shall utilize the approved perimeter wall design to be constructed along Avenida Bermudas, to the northwest corner, then proceed southward along the West boundary to the ultimate right-of-way on the north side of 52nd Avenue. * *3. Eastward from Washington Street, along the north property line, the applicant shall utilize the applicant's wall design found along the north side of 52nd Avenue to complete a perimeter wall. The location,, design, and materials on the north property line wall shall be subject to review and approval of the Community Development Director prior to recordation of the first final map. *53. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Avenida Bermudas, Avenida Nuestra, Frances Hack Lane, and both sides of 52nd Avenue. The applicant shall maintain the landscape improvements in the setbacks along 52nd Avenue, Avenida Bermudas and Frances Hack Lane in perpetuity, or may provide for a Homeowners Association (HOA) to maintain said land, except for the Avenida Nuestra Parkway. 54. Landscape and irrigation plans shall be prepared for landscaped lots, landscape setback areas, common areas, medians, perimeter park -ways, and retention basins. The plans shall be submitted to the -Public Works Department for plan checking. The plans are not approved for construction until they have been 14 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment I March 3, 1998 approved by the Community Development Department and signed by the City Engineer, the Coachella Walley 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 setbacks. 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 five feet of curbs along public streets. 57. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 58. The applicant shall provide public transit amenities as required by Suniine Transit and/or the City Engineer which may include a bus turnout and passenger waiting shelter. The location and character of the turnout and' -shelter shall be as determined by Sunline Transit and the City Engineer. 59. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 60. The .applicant 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 as evidence that materials and their placement comply with plans and specifications. 61. The applicant shall utilize qualified California -Registered civil engineers, geotechnical engineers, or land surveyors, as appropriate, to provide, or -have their agents provide, sufficient supervision and -verification of the construction to be able to furnish and sign accurate record drawings. 62. 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,' 15 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor. The applicant shall submit. revised AutoCad files of the improvements as constructed. 63. The applicant shall make provisions for' continuous maintenance of improvements by the creation of a Homeowner's Association (HOA). The applicant shall maintain off -site public improvements until final acceptance of improvements by the City Council. 64. The applicant shall provide a recommended maintenance booklet for streets, landscaping, perimeter walls, drainage facilities, and/or other improvements to be maintained by the Homeowners Association (HOA). The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. 65. 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. 66. Schedule (A) fire protection approved Super fire hydrants, (6' x 4' x 2-1 /2') will be located at each -street intersection spaced not more than 330 feet apart in any direction with any portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow will be (1,000) g.p.m. for a 2-hour duration at 20 psi. Additional fire flow will be required for multi -family or maintenance use. 67. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the Focal water company with -the following certification: "I certify that the design of the, water system is in accordance 16 0 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment l March 3, 1998 with the requirements prescribed by the Riverside County Fire Department." 68. - The required water system including fire hydrant will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 69. 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. 70. This approval does not 'authorize the construction of a golf clubhouse, cart barn, half -way house, gatehouse, and a maintenance facility at the general locations shown on Exhibit A. These buildings' specific locations, design, height, and size shall be subject to separate Site Development Permit. 71. The development of custom, single-family lots shall be governed by the following: A. The applicant shall. establish a Design Review Committee to review and approve all development within Tentative Tract 28470. The main. objectives of this Committee shall be to assure that building architecture, building materials and colors, building height and setbacks, and landscaping design follow appropriate design 'themes throughout the tract. Procedures and operation of the committee shall be set forth in the Tract's Conditions, Covenants, and Restrictions (CC & R's) to be administered by the Homeowner's Association (HOA). B. Applicant shall establish within the CC&R's site design standards appropriate to the residential lots, including but not limited to, front, side and rear setbacks, lot coverage, etc. Standards shall be reviewed and approved by the Community Development Department as part of its review of the CC&R's, but to be no less restrictive than the R-L Zone Standards, as appropriate. C. Prior to issuance of an occupancy permit for any house within Tentative Tract 28470, landscaping/ground cover shall be installed and appropriately maintained. Type of planting, method of installation, and 17 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 maintenance techniques shall be subject to plan approval by the Community Development Department. D. All roof -mounted equipment shall be screened from view at all sides by design of the house. All .ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. E. The minimum dwelling unit (living area) size for all residential units she 11 'be 1,200 square feet (excluding attached or detached parking garage). F. All dwelling units shall have a minimum two car garage measuring 20feet by 20-feet- in overall size. The garage can be either attached or detached. G. The architectural style of the project shall be Spanish Colonial, Southwest Adobe, Pueblo, or other styles approved by the development's Design Review Board. H. All roofing material within the project shall be clay or concrete tile barrel. The color of the roof tiles shall consist of desert hues. 72. Any minor changes in, lot mix, sizes, lines, or shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. 73: Prior to recordation of final map, hillside conservation easements on Lots 27, 28, 29 and 30 shall be dedicated to the City for all areas located inside the Hillside Conservation District. The same shall be done for -Lots 233, 234, and 235. 74. Prior to recordation of the final map, a Hillside Conservation Easement shall be dedicated to the City for all the remainder area, Lot 250, within the Hillside Conservation Overlay District or other options contained in Zoning -Code Section 9.140.40. N. 75. Class 11 bike lanes shall be installed on the east side of Avenida Bermudas adjacent to the tract and on both sides of 52nd Avenue between Washington Street and Avenida Bermudas. *76. The maximum pad elevation measured at the center of the building pads within 175 feet of Avenida Bermudas shall be: a) no more than one (1) foot higher than the top of the east curb on Avenida Bermudas, or b) no higher than the 18 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment I March 3, 1998 existing elevation at said location prior to December 1, 1996, whichever is higher. 77. ' The existing light pole and luminaire located at the 52nd Avenue/Washington Street intersection shall .be removed when the traffic signal is installed. . 78. The triangular island in the 52nd Avenue/Washington Street intersection shall belandscaped. 79. * * * For a distance of 150 feet east of the ultimate right-of-way of Avenida Bermudas, -single family residences shall be restricted to a maximum of 17 feet in height, with a maximum height of 24 feet over the remaining property excluding chimneys (per Uniform Building Code) subject to the requirements of the Zoning Ordinance, for Lots 85 - 94, 177 - 189, and 209 - 219. 80. Applicant/Developer shall submit final landscape plans for all golf course landscaping, which shall be designated to feature drought tolerant plant species, and the latest water conserving irrigation technology. The plan(s) shall be subject to initial review by the Community Development Department, with subsequent final review and acceptance by the Coachella Valley Water District prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Community Development Department. 81. . Adequate provision shall be made for continuous. maintenance of all landscaping and related features by the Homeowner's Association (HOA). 82. All lighting facilities shall comply with Chapter 9.2 1 0 (Outdoor Light Control) and be designated to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval -by the Community Development Department. 83. The existing trees on the site shall be incorporated into the landscape plan as required by Certificate of Appropriateness. 96-00 1, and Site Development Permit 96-599. A tree retention plan shall be submitted to staff as part of the final landscape plan and prior to any site grading. Citrus trees in the vicinity of the Hacienda del Gato shall be preserved. 84. Prior to the recordation of the final map, the Applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas, 0 • City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment ] March 3, 1998 common areas, and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title; • B. Covenants, Conditions, and, Restrictions to be recorded; and, The approved Covenants, Conditions, and Restrictions shall be recorded at the same time that the final subdivision map is recorded. A Homeowner's Association, with the unqualified right to assess the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the homeowners association. 85. Appropriate approvals shall be secured prior to establishing any construction or sales facilities, and/or signs on the, subject property. 86. All historical plaques or monuments which are erected on the property shall be approved by the La Quinta Historic Preservation Commission prior to installation. The project CC & R's shall include information on the historical nature of the site and identify the three subject, sites (CA-RIV-1179, CA-RIV-2823, and CA-- RIV-2826) plus information about the Hacienda del Gato residence. 87. The applicant shall provide' verification to the Community Development Department of the completion of the capping of archaeological site CA-RIV1179 by the project archaeologist. A conservation easement for preservation in perpetuity shall be dedicated to the city of La Quinta shall be recorded over the capped site. 88. The applicant shall submit plans for street lighting along roads, if any, for review and approval by the Community Development Department. 89. The requirements of the City's Off -Street Parking Ordinance shall be met concerning all supplemental accessory facilities (e.g., clubhouse, cart barn, maintenance facility, etc.). 90. The applicant shall work with Waste Management of the Desert to implement 20 City Council Resolution 98-18 Conditions of Approval - Final Tentative Tract 28470 Amendment 1 March 3, 1998 provisions of AB 939 and AB 1462. The Applicant is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and steel and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green waste associated with golf course and common area maintenance. Compost materials shall be stored for pick-up by Waste management, or an authorized hauler for transport to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. 91. All residences/dwellings are required to have illuminated building address numbers per the La Quinta Municipal Code: 92. Property lines and perimeter walls for all residential units shall be located at the top of the graded slope for each parcel. 93. The California Fish and Game Environmental filing fees shall be paid. The fee is $1,250 plus $ 78.00 for the Riverside County document processing. This fee shall be payable to "Riverside County Clerk". The fee shall be paid to the Community Development Department within 24 hours after review by the City Council. 94. The applicant shall pay park fees in -lieu of parkland dedication per Chapter 13.48 of the Subdivision Ordinance. *95. The applicant shall comply with the mitigation measures contained in the Mitigation Monitoring Plan attached to Environmental Assessment 96-333. *96. During grading activities, the project site shall be monitored by a professionally qualified archaeological monitor. The monitor is authorized to temporarily divert or stop equipment in order to investigate and mitigate exposed cultural deposits. A final report of the monitoring activities shall be submitted to the City's Historic Preservation Commission for review. 97. Developer agrees to indemnify; defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the city's approval of the MND; the Conditional Use Permit, and/or -the Tract Map for this project. 21 RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT #2 FOR CONDITION 52 OF TENTATIVE TRACT 28470 TO ALLOW FOR COMPLETION OF THE PERIMETER WALL PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY OF THE 20TH RESIDENTIAL UNIT. CASE NO TRACT 28470 AMENDMENT #2 TRADITION CLUB ASSOCIATES, LLC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 8th day of September, 1998, hold a duly noticed Public Hearing to consider an amendment to Condition 52 of Tentative Tract 28470 generally located at the south terminus of Washington Street and Avenida Bermudas; and, WHEREAS, the Planning Commission did recommend to the City Council approval of Tentative Tact 28470 on March 4, 1997; and, WHEREAS, the City Council did approve Tentative Tract 28470 on April 1, 1997; and, WHEREAS, said Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department has prepared an Environmental Assessment 96-333 for this project which states the project will not have a significant impact on the environment based on Conditions; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be hard, said City Council did make findings to justify the approval of said amendment to Tentative Tract Map; and, WHEREAS, at said Public Hearing said amendment was approved by the La Quinta City Council based on said findings and subject to certain conditions, 1. The design and improvements of the proposed Tentative Tract 28470 Amendment #2 are consistent with the current goals and objectives of the La Quinta General Plan in that the subdivision will result in the development of a one story, single family development, within a gated community. 2. Tentative Tract 28470, Amendment #2 is consistent with current standards of the Municipal Zoning Ordinance in that the existing Zoning District is RL (Residential Low Density) with a maximum permitted building height of 28 feet. 11Apc res Tr 28470, And #2.%%pd Resolution 98- 3. Tentative Tract 28470, Amendment #2 is consistent with the standards of the City's Subdivision Ordinance in that all proposed lots meet the required dimensions, slope gradients, and design for access and circulation. 4. The design of Tentative Tract 28470, Amendment #2 and its related improvements, are not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department and the City's Building & Safety Department has reviewed the project for these issues with no significant concerns identified. 5. The design of the subdivision amendment, or the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure fish or wildlife, or their habitat, in that Environmental Assessment 96-333, prepared for Tract 28470 did not identify any significant impacts for this issue. 6. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the subdivision. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby approve the above described Tentative Tract Amendment, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 8th day of September, 1998, by the following vote, tc wit: AYES: NOES: ABSENT: ABSTAIN: PApc res Tr 28470, Amd #2.Nvpd Resolution 98- ROBERT TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PApc res Tr 28470, Amd #2.wpd PLANNING COMMISSION RESOLUTION 98-18 CONDITIONS OF APPROVAL -RECOMMENDED TRACT 28470- AMENDMENT 2 TRADITIONS CLUB ASSOCIATES, LLC SEPTEMBER 8, 1998 Modified by Planning Commission on March 4, 1997 * Modified by City Council on April 1, 1997 * * * Modified by Planning Commission on February 24, 1998 # Modified by Planning Commission on September 8, 1998 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. Tentative Tract Map 28470 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. 3. 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 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • 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. For projects requiring 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. P:\LESLIE\pc con reso Tr 28470, Amend #2.wpd Resolution 98- Conditions of Approval - Reconunended Tentative Tract 28470 Amendment 2 September 8, 1999 4. 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. 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 filing of a Certificate Of Compliance for Waiver of a Final 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. 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. 7. T he 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. Dedications required of this development include: A. 52nd Avenue from the west property boundary to Washington Street (Primary Arterial) - Fifty -five-foot right-of-way on south side of existing centerline. B. 52nd Avenue/Washington Street Intersection - As required by the City Engineer. C. 52nd Avenue from Washington Street to east property boundary (Major Arterial) - Sixty foot right-of-way on south side of existing centerline. D. Frances Hack Lane (Old 52nd Avenue) from'Avenida Bermudas to an easterly terminus to be determined by fire station access needs - right-of-way to accommodate applicant's half of a 32-foot-wide street with culde-sac plus an eight foot parkway. P:\LESLIE\pc coa reso Tr 28470. Amend 02.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment. 2 September 8, 1998 E. Avenida Nuestra from Calle Guatemala to Calle Kalima (Local Street) Right-of- way to accommodate the applicant's half of a 32-foot-wide street. F. Avenida Bermudas (Secondary Arterial) - Fifty foot half -width right-ofway along the full frontage of this map. G. Avenida Bermudas - Easements, as required by the City Engineer, over the storm drainage .system connecting Avenida Bermudas to the on -site regional stormwater system. H. A drainage easement to convey off -site storm water from the storm drain located on the south side of 52nd Avenue, near Fritz Burns Park, to the golf course retention area located inside Tract 28470. I. Avenida Bermudas, 52nd Avenue, and Lot '0' - Easements for emergency access drives. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. 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. 8. The applicant shall dedicate 1 0 foot public' utility easements contiguous with and along both sides of all private streets. 9. The applicant shall create perimeter setbacks, or minimum width as noted, adjacent to the following street rights -of -way; A. 52nd Avenue - 20-feet B. Avenida Bermudas - 1 0-feet - with the exception of the southwest corner where minimal landscape will be provided between the sidewalk and the wall. * *C. Avenida Nuestra - as necessary to accommodate slope from south curbline to wall. P:\LESLIE\pc con reso Tr 28470, Amend #2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 * *D. Remove the existing sidewalk and replace with a new meandering sidewalk riot less than five (5) feet wide and not to exceed six (6) feet wide. For developments with public interior streets,, perimeter setback lots shall be dedicated to the City. For developments with private interior streets, perimeter setback lots shall remain in private ownership. Where public sidewalks are required on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 10. The applicant shall vacate abutter's rights -of -access to 52nd Avenue, Avenida Bermudas, Frances Hack Lane, Avenida Nuestra, and the access drive from 52nd Avenue to the Fire Station. Access to these streets shall be restricted to access points approved by the City. 11. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. 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. 13. Sixty days after recordation of any final map, the applicant/developer shall process a Lot Line Adjustment along the north property line where it is contiguous to Lot 5, Block 6 of the Desert Club Tract Unit #2, to provide a five foot setback for the existing home that abutts-the property line. The common address of the subject property is 51-485 Calle Guatemala. 14. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved 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. 15. Improvement plans submitted to the City for plan checking shall be submitted P:\LESLIE\pc coa reso Tr 28470. Amend #2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 on 24' x 36' rnedia in the categories of "Precise Grading," "Streets & Drainage," and "Landscaping." Grading, street and drainage plans shall be prepared by professional engineers registered to practice in California. Landscaping plans shall be prepared by licensed landscape architects. 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. "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. 16. The City may rnaintain 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. 17. 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. 18. 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 agendization of a final map or parcel map or issuance of a Certificate of Compliance for a waived Parcel Map. For secured agreements, security provided shall remain in effect until explicitly waived, reduced or released by the City regardless o t a passage o time, changes to or expiration of the improvement agreement or failure, of the secured party to make premium payments or fulfill other obligations to the surety. Reductions and releases of security shall conform with Chapter 13, La Quinta Municipal Code (LQMC). P:\LESLIE\pc coa reso Tr 28470. Amend #2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment. 2 September 8, 1998 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 19. 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 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. 20. If the applicant desires to phase improvements and obligations required by the Conditions of Approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. 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 sequencing plan for that phase is approved by the City Engineer. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits, completion of final inspections on buildings, or otherwise withhold approvals related to the development of this project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 21. If improvements are phased with multiple final maps or other administrative approvals (Plot Plans, Conditional Use Permits, etc.), off -site improvements and development -wide improvements (i.e.: retention basins, perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the City Engineer. 22. Prior to agendization of any final map within this development, the applicant shall pay cash or enter into a secured agreement, approved by the City to pay P:\LESLIE\pc coa reso Tr 28470, Amend #2.wpd Resolution 98-_ Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 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. Intersection of 52nd Avenue and Washington Street - 50% of the cost to design and construct traffic. signals. B. Avenida Bermudas - 50% of the cost of street and drainage improvements previously constructed by the City along the Avenida Bermudas frontage of this development. C. 52nd Avenue - 100% of the cost of existing street improvements along the 52nd Avenue frontage of this development. 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 obtain a Fugitive Dust Control Permit in accordance with Chapter 6.16, LQMC. The application for the permit shall include a Fugitive Dust Control Plan and Security, in a 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. The applicant shall apply for Conditional Letters of Map Revision from FEMA for all lots near existing special flood hazard areas (SFHAS) within the development (as shown on the Flood Insurance Rate Maps). Prior to issuance of any building permits for these lots, the applicant shall have received Belief Letters from FEMA for those lots. Prior to final inspection of homes on the lots, the applicant shall provide FEMA with the required as -built information to receive FEMA letters removing the structures from the SFHAS. P:\LESLIE\pc coa reso Tr 28470. Amend #2.wpd Resolution 98- Conditions of Approval - Recoinmended Tentative Tract 28470 Amendment. 2 September 8, 1998 26. The applicant shall conduct a thorough preliminary geological and soils engineering investigation and shall submit the report of the investigation ("the soils report') with the grading plan. 27. Prior to issuance of a grading permit, the applicant shall submit a grading plan meeting the approval of the City Engineer. 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 obtain approval of the grading plan from Coachella Valley Water District (CVWD). 29. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development, but not sharing common street frontage, where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 30. Prior to issuance of building permits, the applicant shall provide building pad elevation certifications which are stamped and signed by a California registered civil engineer or surveyor. The document shall list, by lot number, the pad elevations approved on the grading plan, the as -built elevations, and the difference between the two, if any. DRAINAGE 31. Stormwater failing on site during the peak 24-hour period of a 1 00-year 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. All storm water exiting the storm drain located on the south side of 52nd Avenue shall be routed to an acceptable retention area located i nside Tract 28470. 33. 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. P:\LESLIE\pc coa reso Tr 28470, Amend #2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 29470 Amendment 2 September 8, 1998 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 35. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 36. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. This drainage shall include the current inflow to the on -site regional stormwater system from the developed area to the west. 37. If any storm water or nuisance water from this development is proposed to drain to off -site locations, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment methods) to minimize conveyance of contaminants to off -site locations. Drainage to off -site locations and methods of treatment or screening shall meet the approval of the City Engineer. 38. 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. 39. 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 of the City Engineer. 40. 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 certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions o the ordinance. P:\LESLIE\pc coa reso Tr 28470. Amend 92.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 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. *41. The applicant shall reimburse the successors or assigns of Landmark Land Company, upon written demand with proof of their rights (if any, for the purpose of this issue) in the amount of $ 1 1 8,27 5 for the improvements to 5 2nd Avenue which were previously installed west of the boundary of Tract 24889/24890. If Landmark Land Company or its successors or assigns, have been reimbursed by the City, the applicant shall reimburse the City for those costs. If no notification is received within 90-days following the recordation. of the first final map, this condition no longer applies. 42. Prior to recordation of the first final map f or this development, the applicant shall reimburse or secure reimbursement of the City and/or its redevelopment district for costs incurred in improvements to 52nd Avenue ($149,040) and Avenida Bermudas ($246,525). The developer is eligible for credits equal to the cost of removing and replacing the sidewalk along Avenida Bermudas as required in Condition 9. The listed amounts include the cost of storm drain improvements associated with those street projects. If the applicant provides security in lieu of reimbursement, the applicant shall provide the actual cash reimbursement prior to recordation of any final map which by itself, or in combination with previously -recorded maps under this tentative map, creates lots or fifty or more percent (50%) of the dwelling units proposed for this development. The City shall have the option of accepting additional landscaping and related street improvements along 52nd Avenue adjacent to Fritz Burns Park, which would not normally be required as a condition of approval for this project, and providing a credit against the reimbursements otherwise required under this Condition in an amount equal to the value of the additional improvements approved by the City Engineer and installed by the applicant. 43. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: *B. OFF -SITE STREETS 1). 52nd Avenue from the west property boundary to Washington P:\LESL[E\pc con reso Tr 28470. Amend #2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 Street (Primary Arterial) - Install all remaining improvements for 86-feet curb to curb improvement plus sidewalk, walls along both sides of the street and a raised landscape median, and landscaping in setback areas. 2). 52nd Avenue/Washington Street Intersection - As required by the City Engineer. 3). 52nd Avenue from Washington Street to east property boundary (Major Arterial) - Install all remaining improvements for major arterial (51 -feet half street) on south side, remaining improvements to existing roadway on north side, sidewalk and walls along both sides, raised landscape median, and landscaping in setback areas. 4). Frances Hack Lane (Old 52nd Avenue) from Avenida Bermudas to an easterly terminus to be determined by fire station access needs - Construct 32-feet curb -to -curb local street with landscaping in parkways. 5). Avenida Nuestra from Calle Guatemala to Calle Kalima (Local Street) - Construct the south side of a 32-feet curb -to -curb local street including landscaped setback. * *B. PRIVATE STREETS AND CULS-DE-SAC * 1). Entry street - divided with two 24-feet lanes, unless reduced widths are approved by the Fire Department. *2). Primary circulation streets - 36-feet wide 3). Residential - 36 feet wide if double loaded (buildings on both sides), 32 feet if single loaded 4). Cul de sac curb radius - 38-feet Bus turnouts, turn lanes, acceleration/deceleration lanes and/or 'Other features contained in the approved construction plans may warrant additional street widths or other measures as determined by the City Engineer. *44. Access points and turning movements of traffic shall be restricted as follows: P:ILESLIE\pc coa reso Tr 28470. Amend #2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 A. Main access drive at the intersection of Washington and 52nd Avenue - Unrestricted. The applicant shall provide stacking room in the guardhouse lane for a minimum of three entering vehicles. *B. Emergency access drives from Avenida Bermudas, Frances Hack Lane, and maintenance yard entry drive - as approved by the Riverside County Fire Department and the Director of Public works. *C. (delete) *D. Maintenance yard access drive. The turning movements at the 52nd Avenue intersection shall be restricted to right turn movements only. 45. Improvements shall include all appurtenances such as traffic signs, channelization markings, 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 shall be prepared for all on- and off -site street and access gates. 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 cul-de-sacs, 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 in yard or drive areas and to facilitate street sweeping. 50. Street pavement sections shall be designed using the Caltrans procedure for a 20-year life and shall consider site -specific data including soil strength and anticipated traffic loading (including construction and home building activity). If streets are initially constructed with only a portion of the full thickness of pavement, the following shall apply: P:\LESLIE\pc coa reso Tr 28470, Amend #2.wpd Resolution 98-_ Conditions of Approval - Recormnended Tentative Tract 28470 Amendment 2 September 8, 1998 A. The pavement design shall consider the effect of construction and other traffic loadings on the partial pavement for the maximum period of time the applicant desires to delay the final lift. B. If the delayed lift is less than 1 - 1 /2-inches in thickness, the lift shall not be placed between October 15 and March 15 unless approved by the City Engineer. Minimum structural sections for A.C. pavement 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 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. 51. Prior to occupancy of homes or other permanent buildings within the development, the applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along open access routes to those buildings. 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 (see provisions of above condition on street pavement: sections). WWI 101:10UNIN t #52. A. Prior to issuance of the Certificate of Occupancy for the clubhouse, the applicant shall construct a minimum six foot high solid meandering masonry wall adjacent to Avenida Bermudas, along the south side of 52nd Avenue, and the portion of the east boundary not abutting the mountains. These walls shall be in compliance with the location, design, and materials as approved by the City Council. P:\LESLIE\pc coa reso Tr 28470. Amend a2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 B. Prior to issuance of the Certificate of Occupancy for the twentieth (20th) residential unit, a perimeter wall along the north property line shall be constructed utilizing the following design features: 1 The existing wall design located at the southern terminus of Washington Street, shall be continued along both sides of Washington Street and around the corners for a short distance to be determined by the Community Development Director. 2. Westward from Washington Street, along the north property line, the applicant shall utilize the approved perimeter wall design to be constructed along Avenida Bermudas, to the northwest corner, then proceed southward along the West boundary to the ultimate right-of-way on the north side of 52nd Avenue. The location, design, and materials on the north property line wall shall be subject to review and approval of the Community Development Director prior to recordation of the first final map. *53. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Avenida Bermudas, Avenida Nuestra, Frances Hack Lane, and both sides of 52nd Avenue. The applicant shall maintain the landscape improvements in the setbacks along 52nd Avenue, Avenida Bermudas and Frances Hack Lane in perpetuity, or may provide for a Homeowners Association (HOA) to maintain said land, except for the Avenida Nuestra Parkway. 54. Landscape and irrigation plans shall be prepared for landscaped lots, landscape setback areas, common areas, medians, perimeter park -ways, and retention basins. The plans shall be submitted to the Public Works Department for plan checking. The plans are not approved for construction until they have been approved by the Community Development Department 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 setbacks. 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 five feet of curbs along public streets. P:\I.ESLIE\pc coa reso Tr 28470. Amend H2.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 57. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 58. The applicant shall provide public transit amenities as required by Suniine Transit and/or the City Engineer which may include a bus turnout 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 59. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 60. The applicant 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 as evidence that materials and their placement comply with plans and specifications. 61. The applicant shall utilize qualified California -Registered civil engineers, geotechnical engineers, or land surveyors, as appropriate, to provide, or -have their agents provide, sufficient supervision and -verification of the construction to be able to furnish and sign accurate record drawings. 62. 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. The applicant shall submit. revised AutoCad files of the improvements as constructed. 63. The applicant shall make provisions for continuous maintenance of improvements by the creation of a Homeowner's Association (HOA). The applicant shall maintain off -site public improvements until final acceptance of improvements by the City Council. P:\L.ESLIE\pc coa reso Tr 28470, Amend 92.wpd Resolution 98-_ Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1999 64. The applicant shall provide a recommended maintenance booklet for streets, landscaping, perimeter walls, drainage facilities, and/or other improvements to be maintained by the Homeowners Association (HOA). The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. _►Cs "MIN 65. 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. 66. Schedule (A) fire protection approved Super fire hydrants, (6' x 4' x 2-1 /2') will be located at each -street intersection spaced not more than 330 feet apart in any direction with any portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow will be (1,000) g.p.m. for a 2-hour duration at 20 psi. Additional fire flow will be required for multi -family or maintenance use. 67. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company with -the following certification: "I certify that the design of the, water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 68. The required water system including fire hydrant will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 69. 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. PALESLIE\pc coa reso Tr 28470, Amerd 42.wpd Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 :: : ill O 00 70. This approval does not authorize the construction of a golf clubhouse, cart barn, half -way house, gatehouse, and a maintenance facility at the general locations shown on Exhibit A. These buildings' specific locations, design, height, and size shall be subject to separate Site Development Permit.. 71. The development of custom, single-family lots shall be governed by the following: A. The applicant shall. establish a Design Review Committee to review and approve all development within Tentative Tract 28470. The main objectives of this Committee shall be to assure that building architecture, building materials and colors, building height and setbacks, and landscaping design follow appropriate design themes throughout the tract. Procedures and operation of the committee shall be set forth in the Tract's Conditions, Covenants, and Restrictions (CC & R's) to be administered by the Homeowner's Association (HOA). B. Applicant shall establish within the CC&R's site design standards appropriate to the residential lots, including but not limited to, front, side and rear setbacks, lot coverage, etc. Standards shall be reviewed and approved by the Community Development Department as part of its review of the CC&R's, but to be no less restrictive than the R-L Zone Standards, as appropriate. C. Prior to issuance of an occupancy permit for any house within Tentative Tract 28470, landscaping/ground cover shall be installed and appropriately maintained. Type of planting, method of installation, and maintenance techniques shall be subject to plan approval by the Community Development Department. D. All roof -mounted equipment shall be screened from view at all sides by design of the house. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Developrent Department. E. The minimum dwelling unit (living area) size for all residential units she 11 'be 1,200 square feet (excluding attached or detached parking P:\LESLIE\pe coa reso Tr 28470. Amend #2.wpd Resolution 98-_ Conditions of Approval - Recommended Tentative Tract 29470 Amendment 2 September 8, 1998 garage). F. All dwelling units shall have a minimum two car garage measuring 20- feet by 20-feet- in overall size. The garage can be either attached or detached. G. The architectural style of the project shall be Spanish Colonial, Southwest Adobe, Pueblo, or other styles approved by the development's Design Review Board. H. All roofing material within the project shall be clay or concrete tile barrel. The color of the roof tiles shall consist of desert hues. 72. Any minor changes in, lot mix, sizes, lines, or shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. 73. Prior to recordation of final map, hillside conservation easements on Lots 27, 28, 29 and 30 :shall be dedicated to the City for all areas located inside the Hillside Conservation District. The same shall be done for -Lots 233, 234, and 235. 74. Prior to recordation of the final map, a Hillside Conservation Easement shall be dedicated to the City for all the remainder area, Lot 250, within the Hillside Conservation Overlay District or other options contained in Zoning -Code Section 9.140.40.N. 75. Class 11 bike lanes shall be installed on the east side of Avenida Bermudas adjacent to the tract and on both sides of 52nd Avenue between Washington Street and Avenida Bermudas. *76. The maximum pad elevation measured at the center of the building pads within 175 feet of Avenida Bermudas shall be: a) no more than one (1) foot higher than the top of the east curb on Avenida Bermudas, or b) no higher than the existing elevation at said location prior to December 1, 1996, whichever is higher. 77. The existing light pole and luminaire located at the 52nd Avenue/Washington Street intersection shall be removed when the traffic signal is installed. 78. The triangular island in the 52nd Avenue/Washington Street intersection shall be landscaped. 79. * * * For a distance of 150 feet east of the ultimate right-of-way of Avenida P:\LESLIE\pe coa reso Tr 28470, Amend #2.wpd Resolution 98-_ Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 Bermudas, -single family residences shall be restricted to a maximum of 17 feet in height, with a maximum height of 24 feet over the remaining property excluding chimneys (per Uniform Building Code) subject to the requirements of the Zoning Ordinance, for Lots 85 - 94, 177 - 189, and 209 - 219. 80. Applicant/Developer shall submit final landscape plans for all golf course landscaping, which shall be designated to feature drought tolerant plant species, and the latest water conserving irrigation technology. The plan(s) shall be subject to initial review by the Community Development Department, with subsequent. final review and acceptance by the Coachella Valley Water District prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Community Development Department. 81. Adequate provision shall be made for continuous. maintenance of all landscaping and related features by the Homeowner's Association (HOA). 82. All lighting facilities shall comply with Chapter 9.2 1 0 (Outdoor Light Control) and be designated to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval -by the Community Development Department. 83. The existing trees on the site shall be incorporated into the landscape plan as required by Certificate of Appropriateness 96-00 1, and Site Development Permit 96-599. A tree retention plan shall be submitted to staff as part of the final landscape plan and prior to any site grading. Citrus trees in the vicinity of the Hacienda del Gato shall be preserved. 84. Prior to the recordation of the final map, the Applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas, common areas, and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title; B. Covenants, Conditions, and, Restrictions to be recorded; and, The approved Covenants, Conditions, and Restrictions shall be recorded at the same time that the final subdivision map is recorded. Resolution 98- Conditions of Approval - Recommended Tentative Tract 28470 Amendment 2 September 8, 1998 A Homeowner's Association, with the unqualified right to assess the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the homeowners association. 85. Appropriate approvals shall be secured prior to establishing any construction or sales facilities, and/or signs on the, subject property. 86. All historical plaques or monuments which are erected on the property shall be approved by the La Quinta Historic Preservation Commission prior to installation. The project CC & R's shall include information on the historical nature of the site and identify the three subject sites (CA-RIV-1179, CA-RIV- 2823, and CA-RIV-2826) plus information about the Hacienda del Gato residence. 87. The applicant shall provide verification to the Community Development Department of the completion of the capping of archaeological site CA-RIV- 1 179 by the project archaeologist. A conservation easement for preservation in perpetuity shall be dedicated to the city of La Quinta shall be recorded over the capped site. 88. The applicant shall submit plans for street lighting along roads, if any, for review and approval by the Community Development Department. 89. The requirements of the City's Off -Street Parking Ordinance shall be met concerning all supplemental accessory facilities (e.g., clubhouse, cart barn, maintenance facility, etc.). 90. The applicant shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The Applicant is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and steel and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green waste associated with golf course and common area P:\LESLIE\pc coa reso Tr 28470, Amend P2.wpd Resolution 98- Conditions of Approval - Recoirunended Tentative Tract 28470 Amendment 2 September 8, 1998 maintenance. Compost materials shall be stored for pick-up by Waste management, or an authorized hauler for transport to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. 91. All residences/dwellings are required to have illuminated building address numbers per the La Quinta Municipal Code. 92. Property lines and perimeter walls for all residential units shall be located at the top of the graded slope for each parcel. 93. The California Fish and Game Environmental filing fees shall be paid. The fee is $1,250 plus $78.00 for the Riverside County document processing. This fee shall be payable to "Riverside County Clerk". The fee shall be paid to the Community Development Department within 24 hours after review by the City Council. 94. The applicant shall pay park fees in -lieu of parkland dedication per Chapter 13.48 of the Subdivision Ordinance. *95. The applicant shall comply with the mitigation measures contained in the Mitigation Monitoring Plan attached to Environmental Assessment 96-333. *96. During grading activities, the project site shall be monitored by a professionally qualified archaeological monitor. The monitor is authorized to temporarily divert or stop equipment in order to investigate and mitigate exposed cultural deposits. A final report of the monitoring activities shall be submitted to the City's Historic Preservation Commission for review. 97. Developer agrees to indemnify; defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the city's approval of the MND; the Conditional Use Permit, and/or the Tract Map for this project. P:\L.ESLIE\pc coa reso Tr 28470. Amend 42.wpd PH #B DATE: CASE NO.: APPLICANT: ARCHITECT: REQUEST: LOCATION: BACKGROUND: PLANNING COMMISSION STAFF REPORT SEPTEMBER 8, 1998 SITE DEVELOPMENT PERMIT 98-628 RJT HOMES, LLC (CHAD MEYER) DOWNING THORPE JAMES (RICK NEW) APPROVAL OF ARCHITECTURAL AND LANDSCAPING PLANS FOR THREE NEW PROTOTYPE RESIDENTIAL PLANS TRACT 28797 IN THE CITRUS PROJECT Tract 24890 makes up the residential lots surrounding the Citrus Golf Course and allows 545 residential lots, of which approximately 100 have been developed. The development consists of single family detached and duplex units and custom single family detached residences on the western portion of the site. The proposal is for approval of three new residential prototype plans for Tract 28797 within the Citrus project, on Toronja and Azahar (Attachment 1). This tract is a resubdivision of portions of Tract 24890-8 and 24890-9. This area was originally designated for single family detached residences from 2440 to 2750 square feet in size. Approved dwelling units in the Citrus project vary from 2,195 to over 4,540 square feet. PROJECT PROPOSAL: Proposed are three floor plans varying from 2,470 to 2,818 square feet. The units have front court yards, with two plans having detached casitas' or bedrooms. The units are Spanish/Mediterranean in nature, utilizing plaster walls, wood beams, outriggers, and rafters, and clay the roofing. Colors of the plaster are white to light tan, with wood colors light tans to brown, and roof tile a red blend. Roof heights and types are varied and used in combinations. Each plan varies in height from 12 to 20 feet because of the variety of roofs. Special features include rounded plaster corners, plaster popouts around all windows, and concrete mudded roof ridges, hips, and end caps. Each plan include two different facades, with building sides and rears being the same within each plan. Garage doors are sectional roll -up doors. C:pc rpt sdp 98-628 Typical front yard landscaping plans have been submitted for each plan. The plans do not take in to account orientation which will be north or south. The plans do not include the private court yards or rear yards. Each lot will have three trees, a variety of shrubs around the building and at the curb, and lawn. The lawn areas will be mounded from 8 to 18 inches with tan concrete mow strips utilized to separate shrub from lawn areas. Plant materials are lush in appearance, but tend to be relatively low in water use. Tree sizes are 15 gallon or 24" box, with shrubs one or five gallon in size. PUBLIC NOTICE: This request was advertised in the Desert Sun Newspaper on August 28, 1998, and mailed to all property owners within the Citrus Project. To date, no correspondence has been received. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE CONSIDERATION: The Architecture and Landscaping Review Committee reviewed this request at its meeting of August 24, 1998, and recommends approval of the plans as submitted, subject to conditions. STAFF COMMENTS: As required by Section 9.60.300 (Compatibility Review) of the Zoning Ordinance, the Commission is required) to review and comment on the following findings: 1. The architectural and other design elements of the new residential units will be compatible and not detrimental to the other existing units in the projects. 2. The proposed single family residences will be compatible to existing dwellings with respect to architectural materials such as roof material, window treatment, and garage door style, colors, roof lines, and lot area. Response to #1.and #2: The proposed units are the same architectural design, colors, and materials. The units utilize similar architectural features such as varying roof heights, rounded corners, and window trim. 3. At least one specimen tree (min. 24-inch box size, and minimum 10 feet tall, measured from top of box) shall be provided in the front yard or street side yard. C:pc rpt sdp 98-628 Response: The proposed landscaping plans provide a minimum of one 24" box size tree in the front yard area. All units will have at least one additional tree and other shrubs and groundcover. 4. A two story house shall not be constructed adjacent to or abutting a lot line of an existing single story home constructed in a prior phase of the same subdivision unless proof can be provided that a two story unit was proposed for the lot by the prior builder. Response: No two story residences are proposed, nor are there any existing in the tract. 5. If fencing has been provided in the subdivision, the new developer shall provide the same or better type of fencing for the new dwellings, as determined by the Planning Commission. Response: Masonry walls are proposed between units and will be required to be compatible with existing walls. 6. The single family dwelling units proposed within a partially developed subdivision shall not deviate by more than 10 percent from the square footage of the original developer which have either been approved or constructed. Response: The proposed range of 2,470 to 2818 square feet is between the 2,195 to 4,540 square feet approved or constructed in the project. CONCLUSION: The findings for approval of this Site Development Permit can be made as noted above. RECOMMENDATION: Adopt Planning Commission Resolution 98- , approving Site Development Permit 98- 628, subject to the attached conditions. C:pc rpt sdp 98-628 Attachments: Location map Plan exhibits Prepared by: Stan B. Sawa, Principal Planner Submitted by: Christine di lorio, Pla ning Manager C:pc rpt sdp 98-628 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 98-628, SUBJECT TO CONDITIONS, GRANTING COMPATIBILITY APPROVAL OF THREE NEW PROTOTYPE UNIT PLANS FOR CONSTRUCTION IN THE CITRUS (TRACT 28797) CASE NO.: SITE DEVELOPMENT PERMIT 98-628 APPLICANT: RJT HOMES, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81' day of September, 1998, hold a duly noticed Public Hearing to consider the request of RJT HOMES, LLC for approval of three new prototype units in the Citrus, located on Toronja and Azahar, west of Mango, more particularly described as: Tract 28797 WHEREAS, said Site Development Permit is part of the Ranch Specific Plan 85-006 and has been determined to be exempt from California Environmental Quality Act requirements under the provisions of California Code Section 65457 (a); and, WHEREAS, the Architecture and Landscape Review Committee, at its meeting of August 24, 1998, did review the architecture and landscaping for the proposed prototype units and recommended approval, subject to conditions. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. The proposed units are the same architectural design, colors, and materials. The units utilize similar architectural features such as varying roof heights, rounded corners, and window trim. 2. The proposed landscaping plans provide a minimum of one 24" box size tree in the front yard area. All units will have at least one additional tree and other shrubs and groundcover. 3. No two story residences are proposed, nor are there any existing in the tract. p:\pc res sdp 98-628 Planning Commission Resolution 98- September 8, 1998 4. Masonry walls are proposed between units and will be required to be compatible with existing walls. 5. The proposed range of 2,470 to 2818 square feet for the residences is between the 2,195 to 4,540 square feet approved or constructed in the project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 98-628 for the reasons set forth in this Resolution, subject to the Conditions labeled Exhibit "A", attached hereto;. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 81h day of September, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California p:\pc res sdp 98-628 PLANNING COMMISSION RESOLUTION 98- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 98-628 RJT HOMES, LLC SEPTEMBER 8, 1998 GENERAL CONDITIONS OF APPROVAL 1. This approval is for three prototype units (2,470; 2,599; and 2,118 square feet) for which plans are on file in the Community Development Department. 2. The final landscaping/irrigation plans for the units shall be submitted to the Community Development Department for review and approval. The plans require Community Development Department, Coachella Valley Water District, and Riverside County Agricultural Commission approval before they will be considered final. 3. Lawn areas shall either be hybrid Bermuda (summer) or hybrid Bermuda/Rye (winter) depending upon the season in which it is installed. All trees shall be double -staked to prevent wind damage. All trees and shrubs shall be watered with bubblers or emitters with all landscaping improvements installed prior to final occupancy of the house involved. 4. Landscaping for individual units shall be modified to take into account whether it is facing north or south. 5. At least one 24" box size tree on each lot shall be at least 10 feet tall, with all box size trees having a minimum caliper of 2'/2 ". 6. The material of the perimeter walls around lots shall be compatible with the existing wall materials including a steel picket gate used for pedestrians. 7. Final working drawings shall be submitted to the Community Development Department for approval prior to submission to the Building and Safety Department. pAstan\pc coa sdp 98-628 1 a r� PH #C PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 8, 1998 CASE NO.: SITE DEVELOPMENT PERMIT 98-629 APPLICANT: KSL DESERT RESORTS, INC. (LA QUINTA RESORT AND CLUB) ARCHITECT: PEARSON AND ASSOCIATES REQUEST: APPROVAL OF PLANS TO CONSTRUCT A 2,882 SQUARE FOOT FITNESS CENTER ADDITION ON TO THE TENNIS PRO SHOP AND CONSTRUCT AN ADJACENT 1,288 SQUARE FOOT MOVEMENT CENTER. LOCATION: WEST OF THE LA QUINTA RESORT AND CLUB TENNIS CLUBHOUSE ON THE WEST SIDE OF AVENIDA OBREGON, SOUTH OF AVENIDA FERNANDO BACKGROUND: The applicants are proposing new fitness and movement (aerobics) facilities to replace the current substandard exercise room in the main resort area. The location near the under construction spa facility is intended to provide a convenient location for users of both facilities. PROJECT PROPOSAL: The fitness center addition is proposed to be added on to the north side of the tennis pro shop, which is to the southwest of the sunken exhibition tennis court along Avenida Obregon. The movement or aerobics center will be a freestanding building immediately west of the tennis clubhouse, north of the fitness center addition. No tennis courts will be removed to facilitate the construction. The proposed fitness center addition will be wider than the existing pro shop, though flush on the east side. The west side will extend 26 feet beyond the existing building. The roof pitch matches on the east portion of the addition. Due to its extra width, the new roof will be higher (17 feet) than the existing roof (14'-9"). The architectural appearance of the addition will match the pro shop design, materials, and colors with a clay tile roof, stucco walls, and french multi -pane windows and doors. The movement building will be 18'-9" in height. It will be located between the tennis clubhouse and tennis courts. The architecture will match that of the adjacent C:pc rpt sdp 98-629 buildings, utilizing a clay partially mudded the roof, stucco walls, and french multi -pane windows and doors. The north and east elevations will have metal trellis' against the walls for vines. Landscaping changes will be minimal. Five palm trees will be relocated or removed in the area of the buildings. Lawn, concrete walks, and a small patio area will also be removed. The area in front of the pro shop and new fitness addition will be provided with new decorative paving, large trees, and a small fountain. As noted above, vines will be provided on the north and east elevations of the movement building. The 4,170 square foot of proposed floor space for the two buildings requires 28 off street parking spaces at a ratio of one space per 250 square feet. The applicant proposes to provide 28 additional spaces in the new employee parking lot to be constructed at the southeast corner of 501h Avenue and Eisenhower Drive under Site Development Permit 97-608. Additionally, a minimum of 28 employees who are allowed to park in the vicinity of the new facilities will be required to relocate to the new employees lot, providing those spaces for the patrons. The proposal indicates small hanging wood signs for the new construction. The background will be white with brown lettering. This matches the existing signs used on the surrounding buildings. PUBLIC NOTICE: This request was advertised in the Desert Sun newspaper on August 18, 1998, and mailed to all property owners in the La O,uinta Resort/Santa Rosa Cove area and within 500 feet of the perimeter boundaries. To date, one letter from Mr. John Rosenthal, who owns a Tennis Villa has been received. He objected to the project if any tennis courts are removed. As noted, no courts are to be removed for this project. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE CONSIDERATION: The Architecture and Landscaping Review Committee reviewed this request at its meeting of August 24, 1998, and recommends approval of the plans as submitted, subject to conditions. STAFF COMMENTS: As required by Section 9.210.010 (Site Development Permits) of the Zoning Ordinance, the Commission is required to review and make the following findings: Consistency with General Plan - The General Plan designates the site for tourist commercial use. The proposed uses comply with this land use designation in the they are related to the resort use on the site. C:pc rpt sdp 98-629 Consistency with the Zoning Code - The proposed use complies with the Zoning Code and Specific Plan 121-E, of which it is a part in the areas such as setbacks, building height, parking, etc. Compliance with CEQA - The Community Development Director has determined that this request has been previously assessed under Environmental Assessment 97-343 for Specific Plan 121-E, Amendment #4, which was granted a Mitigated Negative Declaration on September 16, 1998. Architectural Design - The architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the City in that the construction proposed matches the existing early California architecture of the resort. Colors and materials will be the same as that used on the surrounding buildings. The massing of the proposed construction is compatible with the existing building in the area. Landscape Design - Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. Additionally, due to the location of the proposed construction in an developed area, new landscaping is minimal. CONCLUSION: The project is designed to be compatible with the surrounding uses and buildings. The findings needed to approve this Site Development Permit can be made as noted above. RECOMMENDATION: Adopt Planning Commission Resolution 98- , approving Site Development Permit 98-629, subject to the attached conditions: Attachment: 1. Plan exhibits Prepared by: C47AA , 9-.). ZS)QA'J-a. Stan B. Sawa, Principal Planner Submitted by: J' --- Christine di lorio, Planning Manager C:pc rpt sdp 98-629 I/ PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 98-629, SUBJECT TO CONDITIONS, ALLOWING CONSTRUCTION OF A 2,882 SQUARE FOOT FITNESS CENTER ADDITION ON TO TENNIS PRO SHOP AND CONSTRUCT AN ADJACENT 1,288 SQUARE FOOT MOVEMENT CENTER AT THE LA QUINTA RESORT AND CLUB CASE NO.: SITE DEVELOPMENT PERMIT 98-629 APPLICANT: KSL DESERT RESORTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of September, 1998, hold a duly noticed Public Hearing to consider the request of KSL Desert Resorts for approval of plans to construct a 2,882 square foot fitness center addition on to the tennis pro shop and construct an adjacent 1,288 square foot movement center, west of the La Quinta Resort and Club tennis clubhouse on the west side of Avenida Obregon, south of Avenida Fernando, more particularly described as: A portion of Lot 4, Tract 28545-1 WHEREAS, this Site Development Permit is within Specific Plan 121-E, Amendment #4, and exempt from California Environmental Quality Act requirements under Public Resources Section 65457(a). Environmental Assessment 97-343 was certified by the City Council on September 16, 1997 for Specific Plan 121-E, Amendment #4. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166; and, WHEREAS, the Architecture and Landscaping Review Committee did on the 24th day of August, 1998, review and recommend approval of the architecture and landscaping of Site Development Permit 98-629; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. Consistency with General Plan - The General Plan designates the site for tourist commercial use. The proposed uses comply with this land use designation in the they are related to the resort use on the site. C:\pc res sdp 98-629 Resolution 98-055 2. Consistency with the Zoning Code - The proposed use complies with the Zoning Code and Specific Plan 121-E, of which it is a part in the areas such as setbacks, building height, parking, etc. 3. Compliance with CEQA - The Community Development Director has determined that this request has been previously assessed under Environmental Assessment 97-343 for Specific Plan 121-E, Amendment #4, which was granted a Mitigated Negative Declaration on September 16, 1998, and no changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166. 4. Architectural Desian - The architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the City in that the construction proposed is compatible with the existing early California architecture of the historic resort. Colors and materials will be the same as that used on the surrounding buildings. The massing of the proposed construction is compatible with the existing building in the area. 5. Landscape Design - Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. Additionally, due to the location of the proposed construction in an developed area, new landscaping is minimal. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 98-629 for the reasons set forth in this Resolution, subject to the Conditions labeled Exhibit "A", attached hereto;. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 81h day of September, 1998, by the following vote, to wit: C:\pc res sdp 98-629 Resolution 98-055 AYES: NOES: ABSENT: ABSTAIN: ROBERT TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California C:\pc res sdp 98-629 PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 98-629 KSL DESERT RESORTS AUGUST 8, 1998 CONDITIONS OF APPROVAL GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 98-629 unless otherwise amended by the following conditions. 2. The approved site development permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. 4. The applicant shall obtain permits and/or clearances from the following public agencies; as needed: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit, etc.) - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands 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. For projects requiring 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. 5. Exterior colors and materials shall match those on file in the Community Development Department, unless approved for modification by the Director of Community Development. The intent is that they match the existing buildings. p:/pc coa sdp 98-629 Planning Commission Resolution 98- Site Development Permit 98-629 September 8, 1998 Conditions of Approval 6. 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. 7. All applicable conditions of Specific Plan 121-E, Amendment #4 shall be met. 8. Any new trash locations and designs shall be approved by Waste Management of the Desert prior to issuance of a building permit, with approval submitted to the Community Development Department. 9. Signs shall comply with sign program submitted for Site Development Permit 98-629. 10. New window frame materials shall match those used in existing surrounding windows. FIRE DEPARTMENT 11. Provide or show there exists a water system capable of delivering 1750 gpm for a two hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on job site. 12. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2%Z" x 2 %z I located not less than 165 feet from any portion of the buildings as measured along approved vehicular travel ways. 13. The applicant/developer shall be responsible for submitting written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1750 gpm for a two hour duration at 20 psi residual operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 14. Blue retro-reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate location of hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 15. All buildings shall be accessible by an all weather roadway extending to within 150 feet of all portions of the exterior wall of the first story. 16. Prior to issuance of a building permit, applicant/developer shall furnish one blue p:/pc coa sdp 98-629 Planning Commission Resolution 98- Site Development Permit 98-629 September 8, 1998 Conditions of Approval line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed by a registered Civil Engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 17. The required water system including including fire hydrants shall be installed and operational prior to the start of construction. 18. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 19. Install Knox Key (Lock Boxes, Model 4400, 3200, 1300, mounted per standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch. This form must be authorized and signed by this office for the correctly coded system to be purchased. 20. If the building/facility is protected with a fire alarm system or burglar system, the lock boxes will require "tamper" monitoring. 21. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 22. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. GRADING 23. 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 form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 24. A grading plan, which may be combined with the on -site paving and drainage 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 p:/pc coa sdp 98-629 Planning Commission Resolution 98- Site Development Permit 98-629 September 8, 1998 Conditions of Approval conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. The applicant shall submit a copy of the soils report with the grading plan. QUALITY ASSURANCE 25. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. FEES AND DEPOSITS 26. 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. 27. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. LANDSCAPING 28. Landscape and irrigation plans shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 29. 24" box size trees shall have a minimum caliper of 2'h ". 30. Plant materials used shall match or be similar to those used in the surrounding area. PARKING 31. A minimum of 28 off-street parking spaces shall be added to the approved parking lot to be installed per Site Development Permit 97-608. A minimum of 28 additional resort employees shall be required to use these spaces and not part in the vicinity of the construction allowed by this permit. p:/pc coa sdp 98-629 BI #A PLANNING COMMISSION STAFF REPORT DATE: AUGUST 8,1998 CASE NOS.: INTERPRETATION OF USE APPLICANT: MARK J. HASTINGS, OWNER/DIRECTOR-FIRST SCHOOL OF THE DESERT LOCATION: LOW DENSITY RESIDENTIALLY ZONED DISTRICTS REQUEST: REQUEST TO PROCESS CHILDCARE FACILITIES UNDER A CONDITIONAL USE PERMIT IN LOW DENSITY RESIDENTIAL ZONES BACKGROUND: According to Section 9.10.060, Code Interpretations, of the Zoning Code, the Community Development Director shall make interpretations of the provisions of the Zoning Code. These interpretations are on a case by case basis and can be referred to the Planning Commission at the discretion of the Director if it is his determination that the public intent would be better served. The interpretation before the Commission is a request to classify child care facilities, centers and preschools as a conditional use which will be permitted in the Low Density Residential District (RL), Low Density Residential District, Medium Density Residential Districts (RM), Medium High Density Residential Districts (RMH), and High Density Residential Districts (HDR). Currently, child day care facilities up to 14 children, are permitted within residential zones. Larger child day care facilities, centers, and preschools are permitted without size limitations in all commercial zones with a conditional use permit except in the Tourist Commercial Zone. Churches, temples and other places of worship which have school or other special activities occurring during the week and on Sundays, are permitted as a conditional use permit. Other uses such as public parks, playfields and open space, clubhouses, community pools, cabanas, swimming pools are permitted uses in the residentially zoned districts. Limiting the number of children and their location, such as adjacent to arterial streets, could reduce the impact to residential districts by putting the facility on the periphery rather than the residential developments. A conditional use permit provides for individual approval or denial of a special land use request. These land uses have the potential of creating adverse impacts on surrounding properties, residents and businesses. Therefore, the Planning Commission can approve the use with conditions to mitigate or eliminate these impacts. In addition, prior to Commission approval of any conditional use permit, the following findings must be made: 1. The land use is consistent with the General Plan. 2. The land use is consistent with the provisions of the Zoning Code. 3. The use complies with the California Environmental Quality Act. 4. Approval of the use will not create conditions materially detrimental to the public health, safety, and general welfare, or injurious to, or incompatible with other properties and land uses in the vicinity. The conditional use permit process requires notification to the adjacent property owners within 500 feet of the proposed use and a public hearing before the Planning Commission. This request is before the Commission to discuss the merits of any proposed child day care facilities/preschools in the residential districts. RECOMMENDATION: By Minute Motion adopt the following interpretation: "Child day care facilities, centers and preschools up to 150 children are permitted with a conditional use permit in the following zones: Low Density Residential District (RL) Medium Density Residential Districts (RM) Medium High Density Residential Districts (RMH) High Density Residential Districts (HDR) when adjacent to a Primary or Secondary Arterial streets." Submitted by: JERKY HE `' N Community Development Director If of P.O. Box 1504 79-495 Calle Tampico La Quinta, California 92253-1504 Community Development Department Jerry Herman Director Reference: First School of the Desert's request to process childcare facilities under a Conditional Use Permit process for low -density residential zoning. Dear Mr. Herman, Thank you for taking time out of your busy schedule to answer our questions about zoning with regards to building a professional childcare facility in La Quinta. Your kind demeanor and willingness to help impressed us immensely. If first impressions mean anything then our good feelings about our future in La Quinta are justified. As you know childcare facilities are not a listed use in low density residential. La Quinta has confined Childcare centers to commercial zoning only. This is unfortunate for two reasons. First and most importantly parents of preschoolers prefer childcare to be close to residential areas. Commercial zones raise security and safety issues that are not usually attributed to residential areas. Secondly, high commercial property land, and lease values are cost prohibitive for childcare centers. By restricting childcare centers to commercial zoning the city of La Quinta is in effect discouraging professional childcare operators from locating within its city boundaries. With the exception of the YMCA, La Quinta families are forced to go outside their city limits to find professional childcare. First School of the Desert Palm Springs & Cathedral City Mfi) 327-5005 (760) 321-0090 We have desired to build a school in La Quinta for several years. We have studied your market for a long time and are knowledgeable with the demand for quality early childhood education and childcare. Unfortunately the current zoning restrictions prevent us from building in La Quinta because the price of commercial property is cost prohibitive for our type of business. A viable solution to this situation is to allow professional childcare centers to locate in low density residential by way of the Conditional Use Permit process. By allowing childcare centers to locate in low density residential via the CUP process the city will retain control over the development while providing a forum for neighboring property owners to voice concerns. For this reason we are requesting you to recommend to the appropriate governing body that childcare centers be permitted in low density residential areas through the Conditional Use Permit process. We understand the first opportunity for you to make this recommendation will be on September 8, 1998. We hope that you will be so kind as to propose this concept at this time. My wife Dorothy and I are professional early childhood educators and childcare providers. We own and operate two state -licensed facilities here in the Coachella Valley. We are very excited about the possibility of building a quality facility in La Quinta. We have enclosed some First School of the Desert background information for your benefit. Please look the material over at your convenience. If you require any additional information please give me a call at 321-0090, 327-5005 or e-mail me at meyou6426Nx. netcom.com. Thank you for your kind consideration. Cordia M rk J. 01�ner/[ First School of the Desert First School of the Desert Pabn Springs & Cathedral City /Mfil 327_065 1760) 321-0090 't f Q .:ova First School of the Desert Company History June 7, 1987 had all the characteristics of a day of infamy for the future owners of First School of the Desert, Dorothy and Mark Hastings It was on this date Dorothy Hastings was laid off from her position as the City of Palm Springs Tiny Tot's Director. This ostensibly negative setback would have remained merely an insignificant personal dilemma, important to only the Hastings, had it not been for the entrepreneurial spirit of this young couple. With the bitter taste of job insecurity lingering and the loss of half the family income the Hastings decided to invest their energies in the one thing they knew best ..themselves. Coupling Dorothy's Early Childhood Education background and Mark Is General Contracting and Business skills the Hastings embarked upon the creation of First School of the Desert, a state of the art preschool and child care center. Authentic Early Childhood Education requires a classroom peer group approach to instruction. The Hastings could not find any existing commercial space or residential structure offering the schematic layout optimum for preschool education. Since quality is an intrinsic characteristic of the First School concept new construction was the only approach acceptable to the Hastings Without so much as a hint of financial commitment from a conventional lender the Hastings dove headfirst into process of site acquisition and architectural drawings. With a building layout and a business plan in hand the Hastings began the diiicult journey of securing capital for their First School dream. It was not long before the Hastings learned that buildings designed for a single use and childcare were not popular among lenders Although comprehensive demographic studies reveled a strong demand for childcare the haunting stigma of the infamous McMartin Preschool trial impaired the lenders vision of the Hastings proposed project. The venture was repeatedly rejected by conventional lenders due to the misimpression of an unacceptably high risk factor associated with childcare. It became clear to the Hastings that they must eliminate the lender's distortion of the risk factor and alleviate the concerns about the single use purpose of the building. I Far from being defeated the Hastings began the search for a solution to this, 1 predicament. Turning to the Small Business Administration the Hastings learned about SBA programs designed to promote small business A device called the SBA 7-A Program provides qualifying applicants a loan guarantee of up to 80 percent of the total loan value. Lending institutions participating in this program would only be exposed to a minimum loan risk. By eliminating the risk associated with small business failure the SBA offered the Hastings a mechanism to overcome the obstacle obstructing the way to loan approval After designing a backup floor plan for an alternative building use the Hastings applied for and were approved for the SBA loan guarantee. SBA endorsements do not come easy. The 90-day loan guarantee process generated a mountain of paperwork. Although the Hastings secured the guarantee they learned SBA loans are not for the meek With a loan finally secured the Hastings broke ground on their Palm Springs First School on October 15, 1987. With Mark Hastings laboring as r General Contractor construction of the building finished two weeks ahead of schedule with classes beginning on February 22, 1988. On opening day First School of the Desert's enrollment was over 75 percent filled Because the Hastings had actively pre -enrolled students during the course of construction First School generated a positive cash flow from the first day of operation. In September of 1988, First School experienced total enrollment and maintained a lengthy waiting list. Many of First Schools clients resided in Cathedral City and it became apparent to the Hastings that this city was the next logical site for a First School expansion. Mark went back to school, acquired additional secondary units in education and made a career change in order to pursue childcare exclusively as a profession. Two years after the successful opening of the Palm Springs First School the Hastings finished construction of their Cathedral City First School, The First School formula of quality academic preschool instruction provided within the secure and stimulating confines of the school building has produced nearly eight years of business success for the Hastings. The First School approach to preschool education and childcare has always relied on an educated and experienced staff utilizing exceptional communication skills, A Consumer Focused Company "Consumer Focused" could be a catchall description of the First School program. First School is a total service oriented business producing no tangible goods. The caliber of First School can only be measured by the goodwill of its reputation. Consumer Focus is more than a nice idea ...it is a critical component of the First School business formula. r C `r 49mftmm 0 / First School has established a number of consumer focus programsl 1 designed to provide its clients with superior service. First School clients benefit from a heavy emphasis on staff communication. School families have unconditioned access to school staff from the moment they set foot on the campus to the time they depart. All First School teachers have received detailed instruction on the significance of advising parents on the accomplishments and or needs of their children. Through effective staff communication First School can actually transcend the boundaries of its ,r facility by way parent facilitation of its programs in the home. The First School childcare philosophy focuses on the health and safety of the family .... unit rather than merely the child First School offers childcare and preschool education for children...it offers leadership and support for the family. First School conceived and developed the concept of minor injury and unacceptable behavior daily journals By documenting each minor scrape, bump or cut in a bound and written format parents are informed at the end of the day as to what type of minor injury occurred, when it occurred, where it occurred, and how it was treated by the First School staff. Unacceptable behavior is handled in the same manner. Each journal entry is intended to instill client confidence through communication. Through this simple discipline First School is able to include working parents into the school lives of their children... once again transcending the physical limits of school and work First School's customer focus does not stop at its front doors. For the past eleven years First School has sponsored pediatric CPR classes for its clientele. First School parents receive professional CPR training along with the First School staff. Parenting classes conducted by family psychologists and therapists have been held at both First School facilities. Classes offering professional instruction in First Aid, Earthquake Preparedness, and Child Abuse Awareness are routinely offered at one or both First School facilities In addition to addressing the seriousness of parenting and safety skills First School offers many social avenues to its families Family picnics, holiday get-togethers, open house gatherings, graduation ceremonies, Mother and Father Day Teas are just a few of the ways First School families can broaden their social circle of friends First School owners Mark and Dorothy Hastings have been have been selected by their state licensing department LDenartment of Social Services, Community Care Licensing) to represent the Coachella Valley private child care owner perspective on a quarterly scheduled problem solving forum. This is more than a complementary honor. The Hastings appointment is a merit selection based on First School's impeccable record and strict adherence to California State law. 1 r NJ doofth -- I/ First School has built its childcare service on a foundation o) communication and dedication to families The continuation of this quality customer focused service and the resulting positive effect in the community is the never-ending goal of First School. Fulfilling Community Responsibility Virtually 100 percent of First School's clientele is double income or single parent families All of these parents need childcare in order to earn an income or acquire an education. With the piece of mind that their child is in a safe and learning environment, literally hundreds upon hundreds of parents have been supported in their efforts to prosper. To better service the community First School teaches kindergarten and has extended its licensed age limit to include school age children. Working with neighboring elementary schools First School has developed kindergarten enrichment, and before and after school care programs By escorting the with school age children to and from the elementary schools parents young school age children enjoy the benefits of full time childcare without the inconvenience of leaving work early to pick up their child from school For parents not living in the First School district, First School assists families with inter. district transfers The district transfers allow these non - district families entrance into the neighboring elementary school. The elementary school program coupled with First School's childcare gives these parents the security of full time childcare. First School owners Dorothy and Mark Hastings have embraced the responsibility of providing for the less fortunate. With no motivation other than to help good and needy families the Hastings provide child care scholarships to selected families on a ongoing and confidential level Many good families have and continue to enjoy the benefits of this private First School scholarship program. ' ' s o First School have served as a meeting place for community The facilthe f groups in need of an assembly room. The Story Book Tellers used the Cathedral City First School facility rent free for over a year. First Aid and CPR instructors in need of a classroom for a weekend frequently rely on First School for space. First School endorses community responsibility and shares in its community pride. The economic impact of First School is far reaching. In addition to the community support this quality childcare center provides local residents, it supports a staff of over 20 employees First School employees are all area residents investing their wages into the local economy. The First School program purchases all of its operating goods from local wholesalers and retailers. Well over a half a million dollars a year is injected into the local economy by way of First School No longer can couples rely on one income to support a family. Young families require childcare in order to achieve financial growth. Financial growth is a necessary element of an economically sound community. First School provides an answer to parents and communities in need of quality childcare. Through support of the family unit First School of the Desert has become a valuable community amenity. Entrepreneurs' of the Year Entrep�neurs' foam �alauds 10firms By JAN FRASER Business editor RANCHO MIRAGE -- Ten privately owned local businesses received the academy awards of enp from the Coachella Valley Entrepre- neurs' Forum on Thursday at Mission Hills Country Club. And, like their Hollywood they thanked their partners and shered stories of hardship and wai+ds of wisdom: ■ Richard Remick of American Leak Detection said his 10 two -letter words of suoeess are: "If it is to be, it is up to ins." ■ Audrey Peyton, a popular romance author, and her son Rick Germano, a Club Med calisthenics instructor, wanted more out of life when they started Affirmed Medical, a wholesale supplier of industrial firstiaid and safety supplies. ■ Ear Webb, a former minister, and his son Roger Webb were looking for new careers when they founded V.I.P. Coastal, It transportation °service. ■.Mary Dungan, owner of Desert Adventures Inc. (jeep tours), said, "If you have a dream ... go forward." ■ Steppoen Anderson founded Cold Call Co*boy Productions Inc. (audio business' cards) in his kitchen. Two weeks ago. he opened a new 11,000- square -foot office facility. Ip Mary Jardin of the Partnership for the Performing Arts boasted that "The Fabulous Palm Springs Follies" annual- ly brings $4.5 million into Palm Springs. Also honored . were: Jerry White, Glenn Olivier, e Eckfeid and Ralph WM]dde of Crown Meat and Provisions Inc., Lois and Bob Jackman of Yes I Can, a home medical equipment retail- er, William Thompson of Desert Ortho- pedic Center, and Mark and Dorothy Hastings of Firg School of the Desert, a child-care, preschool enterprise. Foram P Madsen Gordon and ob Marra ftaked his employer, Maryanov Dwwt Sun, Valley Indqmdent Bank, The ;Tones Agency and Beat, Hest & Kreiger — for supporting the first year of the organi- zation, which aims to bring entrepreneurs together with investors. The forum will return in September. Entrepreneurs' of the Year Valley forum pldrm�fiop lO companies ■ RANCHO UIRM, Program tonight at Mission Hills wraps up season. Staff rWrts . RANCHO MIRAGE — The Coa- chella Valley Entrepreneurs'Fo- rum winds up its first year by rec- ognizing 10 of the top private companies in the valley. The program will be 5:30 p.m: 7:30 tonight at the Tennis Center Clubhouse at Mission Hills Country Club. Reservations aren't required. Criteria for selection by forum board members and 'other 'business professionals were: ■ Growth and success. . ■ Customer focus. ■ Commtaty involvement and impact. Five of these businesses serve the Coachella Valley exclusively; the other five range from state to inter- national markets. Over the past three years, the 10 companies reported sales growth ranging from 10 percent to 400 per- cent and employee growth from 10 percent to 466 percent. The businesses to be honored, their specialty and location follow: � jj�,Medieal`inc.; sle- sale, industrialArat aaid and safety supplies, Cathedral City. E.American Leak Protection, leak detections franchises, Palfrx Springs. ■ Cold Call Cowboy Productions Inc., audio business cards, Palm Desert. ■Crown Meat and distribu- tion, Inc., food processing and tion, Palm Springs. ■ Desert Adventures Inc., Coa- chella Valley . jeep tours, Palm Springs. ■ Desert Orthopedic Center, comprehensive orthopedic care, Rancho Mirage. ■ First School, child care/pre- school, Palm Springs. ■ Partnership for the Perform- ing Arts ("The Fabulous Palm Springs Follies'l, live entertain went, Palm Springs. z ■ V.I.P. Coastal, transportati& service, Palm Springs. ■ Yes I Can, home medical equipment retailer, Cathedral City. The purpose of the foram is to bring enitnrreneurs and investors together. Monthly forums, which began in October, included a 5-ndn- ute focus on entrepreneurs looking for capital, a networking reception and business information programs ranging from "Profiting from NAFTA" to "Finding the Right Company to Buy." Forum sponsorsare: The Desert Sun, Valley ,Independent Bank, Maryanov Madsen Gordon & Campbell, The .Tones Agency and Best, Best & Kreiger. -,,, , ion I Sim x. 44 ri I All" Al ............. r mwnumeni Off -'ice Arso E n it W-M 3r PLANNING COMMISSION STAFF REPORT DATE: September 8, 1998 CASE NO.: Sign Application 98-430 APPLICANT: W. Simmons Mattress SIGN COMPANY: Imperial Sign Company (Mark Ross) REQUEST: Approval of a a deviation to an approved sign program to permit corporate sign for new business LOCATION: North side of Highway 111 in the One -Eleven La Quinta Shopping Center, west of Wal-Mart (78-920 Highway 111) ENVIRONMENTAL CONSIDERATION: The La Quinta Community Development Department has determined this sign application is categorically exempt pursuant to Section 15311, Class 11, of the guidelines for implementation of the California Environmental Quality Act. GENERAL PLAN DESIGNATION: M/RC (Mixed Regional Commercial) ZONING: CR (Regional Commercial) BACKGROUND: The business recently opened in the space between Wal-Mart and Payless Shoes in the One -Eleven La Quinta Shopping Center. The applicant has installed a grand opening banner with a permit on the tower in front of his business. SIGN REQUEST: The shopping center has an approved sign program which requires 24" or 30" high internally illuminated helvetica style channel letters. Length is permitted to be 75% of the lease width, up to a maximum of 50 square feet. A provision in the sign program allows a regional or national tenant with 5 or more outlets to request approval to use their corporate sign. The applicant is requesting approval to use his standard corporate sign on the tower in front of his business. W. Simmons Mattress has stores throughout Southern California, including two in the Coachella Valley. The landlord has approved the requested sign as submitted. cApc rpt sa 97-430 The proposal is for illuminated letters on a non -illuminated flat background. The letters read "W. Simmons" and will be 19" high by 104" long. The letters will have a white face with black returns and trim caps. These letters will be mounted on a flat'/8" thick aluminum cut-out non -illuminated diamond 42" high by 134" long. The diamond will be red with a white border and contain "mattress" in small '/2" thick letters near the bottom, below "W. Simmons". The illuminated letters overlap the diamond background on both ends. The total square footage of the proposed sign is approximately 20 square feet. Under the sign program, 46 square feet of sign is permitted. The location of the proposed sign is on the tower structure in front of the store. The lease line between the mattress store and shoe store is at the mid point of the tower. The applicant is proposing this location because the parapet directly in front of the store is hidden by Wal-Mart and the tower, both of which stick out beyond the face of the parapet face. The adjacent "Payless ShoeSource" sign is located on the parapet to the west of the tower. STATEMENT OF THE ISSUES: Issue 1 - Consistency National or regional tenants are permitted to use corporate or their standard signs with approval of the Planning Commission. To date, a number of tenants have chosen to do this in the center. To date, no cabinet or cabinet appearing signs have been approved for in -line tenants. The diamond background gives the appearance of a cabinet sign. Therefore, the background should not be used behind the channel letters. RECOMMENDATION: Adopt Minute Motion 98-_, approving the requested sign, subject to the following conditions: 1. Obtain a building permit prior to any work on the sign being started. 2. Final plans shall be reviewed by the Community Development Department prior to obtaining building permit. 3. The "diamond" background shall de deleted. Attachments: 1. Sign exhibits Prepared by: Stan B. Sawa, Principal Planner Submitted Ili: Christine di lorij , Planning Manager cApc rpt sa 97-430 r < =r CD c 0 3 0 0 7? N CD I Q' N C C7 (D 1 CD In O n ry N= t0 p� p• O N C p� O O• x O •0 (a N c tD w -o c w o o `° � w N = o o to vi- a �w � u o 0 01 Cn �= o a y t?, 0' N t) 1c # N• (p O m -O o. N w N p CyD �v=N t�S oN o� vm oc3wm m w y w N C w N 0 (D n o=� 0. �� o N CO N = (D a n. O N (D --I O N (O ,� O (mii t'> N C (0 N m ai cni CD m d> fi n. CD p w 3 Z o- 91. D w Z C5.D 3 0= w m w o � N (n coi n . o v=, t=i, � = w mo ai a' p o tn= 0 N?� o� wa �2op =•occ o�== c N�c 0crm -{ N N 0- w 'D. 0�.. = N= R�1 w W S. C •-00 O a. O_ .tD w o o N (D N w w y _D gyp..' p•(O (0 COD <D Q. 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