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1998 10 13 PCMINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 8, 1998 I. CALL TO ORDER 01I1 1"v A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Tyler who asked Commissioner Butler to lead the flag salute. B. Chairman Tyler requested the roll call: Present: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Chairman Tyler asked if there were any changes to the Minutes of July 28, 1998. Commissioner Robbins noted the word CLOMAR was misspelled on Page 9, Item #14. Commissioner Butler noted that under Roll Call he was listed as being the Chairman and this should be corrected. Chairman Tyler asked that Page 3, Item # 12 be corrected by changing the word "infiltration" to "filtration. 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: Community Development Director Jerry Herman informed the Commission that the joint meeting with the City Council planned for October 1, 1988, had been rescheduled for October 8, 1998, at 7:00 p.m. The September 22°d joint meeting would be at held 3:00 p.m. In addition, changes had been made to the Zoning Code and copies would be distributed to the Commissioners as soon it was ready. CAMy Documents\WPDOCS\PC9-8-98.wpd Planning Commission Meeting September 8, 1998 V. PUBLIC HEARINGS: A. Tract Map 28470; a request of Tradition Club Associates -Winchester Development for 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"d Avenue at the west end of Avenida Nuestra, which is part of The Tradition Club. 1. Chairman Tyler opened the public hearing, asked for the staff report, and. clarified the request that was before the Commission. Associate Planner Leslie Mouriquand presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Kirk asked if any of the buildings in the Tradition had been granted a Certificate of Occupancy. Community Development Director Jerry Herman stated they had not. Commissioner Kirk asked what the zoning was for the triangular piece of property at the corner of Avenida Bermudas and 52"d Avenue. Staff stated it was zoned residential. Commissioner Kirk asked for clarification as to where the property was located in relation to the property line of the Tradition. Staff indicated this on the map. Commissioner Kirk noted that his residence was within 300 feet of the project and excused himself from the remainder of the hearing. 3. Commissioner Robbins asked when the first Certificate of Occupancy would be issued. Staff stated they would have to defer this to the applicant. Commissioner Robbins challenged whether the applicant could meet this requirement as the process would take at least three months. Staff stated it would probably be seven or eight months before a Certificate of Occupancy would be issued for all 20 units. 4. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Mike Rowe, Winchester Development spoke for the applicant and explained the reason for the request. 5. Commissioner Kirk asked for clarification as to when construction of the wall would begin. Mr. Rowe stated by the first of October. Commissioner Kirk asked if Mr. Rowe would be amenable to tying the condition to a time certain as well as the completion of the 20`h home. Mr. Rowe stated he had no objection as long as it was reasonable, and did not prevent any homeowner from obtaining his Certificate of Occupancy. He then questioned what would happen if he would not able to meet the date certain. CNN, Documents\WPI)OCS\PC9-8-98.wpd 2 Planning Commission Meeting September 8, 1998 6. Commissioner Butler stated he too would like to have a date certain. Discussion followed regarding a possible solution. It was determined that the construction of the wall would be completed before the Certificate of Occupancy was issued for the 10`h house and Condition #52.13. would be amended to state this. 7. There being no further public comment, the public participation portion of the public hearing was closed and opened for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 98-063 approving Tract Map 28470, Amendment #2, subject to the Conditions of Approval as amended: a. Condition #52.13. Requiring the completion of the perimeter wall prior to a Certificate of Occupancy being issued for the tenth residential unit. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, and Chairman Tyler. NOES: None. ABSENT: Kirk. ABSTAIN: None. B. Site Development Permit 98-628; a request of RJT Homes for approval of architectural and landscaping plans for three new prototype residences within the Citrus Course project specifically on Toronja and Azahar, west of Mango in Tract 28797 within The Ranch Specific Plan. 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. 2. Commissioner Kirk asked if the Architectural and Landscaping Review Committee (ALRC) had any comments. Staff stated they thought it was well designed and added no conditions. Commissioner Kirk asked if minutes from this meeting were available. Staff stated none had been prepared for this meeting, but staff would see they were made available to the Commissioners for future projects. 3. Commissioner Butler asked why the tree sizes were not called out in the staff report. Staff noted they were called out in the conditions. 4. Commissioner Abels stated he too would like to see the ALRC minutes included with the staff report. CAMy Documents\WPDOCS\PC9-8-98.wpd 3 Planning Commission Meeting September 8, 1998 5. Chairman Tyler asked that the Resolution be corrected to state "similar" architectural designs, not "same". He also stated that the plans for each model appeared to be the same. Staff noted the front elevations were different, but the rear were the same. 6. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Rick New, architect for the project, spoke on behalf of the applicant, and stated he had worked for the original developer, J.M. Peters, and the intent of this firm was to maintain the same design as the original homes. 7. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 8. Chairman Tyler asked the applicant what the developer planned for the triangular portion of land in the middle of the project. Mr. Chad Meyer, developer, stated they were required to bond for this area to remain as open space. Chairman Tyler asked that any unused curb cuts be returned to curbs. 9. There being no further discussion, it was moved and seconded by Commissioners AbelsButler to adopt Planning Commission Resolution 98- 064 approving Site Development Permit 98-628, subject to the condition as modified, adding a requirement that curb cuts be restored. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 98-629; a request of KSL Desert Resort, Inc. for approval to add a 2,882 square Foot Fitness center addition to the Tennis Pro Shop and construct an adjacent 1,288 square foot Movement 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. 2. Commissioner Kirk asked about compliance with the California Environmental Quality Act (CEQA) in regard to Specific Plan 121-E. Staff clarified the Environmental Assessment related to the resort application which had been approved by the Commission at an earlier date. At that time the applicant informed the Commission this application would be back at a later date. 3. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Larry Scheerer spoke on behalf of the applicant. CAMy Documents\WPDOCS\PC9-8-98.wpd 4 Planning Commission Meeting September 8, 1998 4. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 98-065 approving Site Development Permit 98-629. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Interpretation of Use; a request of Mark J. Hastings, Owner/Director - First School of the Desert to process childcare facilities under a conditional use permit in Low Density Residential Zones. Chairman Tyler asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the community Development Department. 2. Chairman Tyler asked if there were any questions of staff. 3. Commissioner Kirk asked if the applicant was intending to submit an application for a child care project at a future date. He also asked staff if this procedure was traditional of what other cities do in regard to a potential applicant. Staff stated yes. 4. Commissioner Abels asked if there was a potential location. Staff stated it was unknown as there was no application before the Commission at this time. 5. Commissioner Kirk asked if a General Plan Map was available to determine the location of the Primary and Secondary Arterials. Staff noted those streets that were classified as Primary Arterials on a map and stated the intent was not to allow child care facilities within the residential district, but on the Arterial streets adjacent to the developments. The streets noted were Fred Waring Drive, Miles Avenue, Avenues 48, 50 52, 54`h, Airport Boulevard, 58`h• and 601h, Eisenhower Avenue, Calle Tampico, Washington Street, Adams Street, and Dune Palms Road south of Highway 111, Jefferson Street, Madison Avenue, and Monroe Street. 6. Commissioner Kirk asked if 150 children was the dividing number between the large and small child care facility and asked what the requirements would be for a medium sized child day care facility. Staff stated anything above 150 would be in a commercial zone and anything between 14 and 150 would be allowed adjacent to a residential development. CAMy Documents\WPDOCS\PC9-8-98.wpd 5 Planning Commission Meeting September 8, 1998 7. Chairman Tyler stated that most of the traffic would be during the times of dropping the children off and picking them up. Staff noted the traffic circulation would be addressed during review of an application, 8. Chairman Tyler questioned whether high density areas should be eliminated from areas where child care facilities would be allowed. Staff noted the areas that are currently zoned for high density. 9. Commissioner Kirk stated he disagreed. If a child care facility could not afford the cost of the land it should be up to them and not determined by the Commission. 10. Mr. Mark Hastings stated he had no other questions, but would be available for any questions. Chairman Tyler stated he had driven by both of their current operations and they would be a benefit to any neighborhood. Chairman Tyler asked what their current occupancy was for these facilities. Mr. Hastings stated one was 60 and the other 100. 11. Chairman Tyler asked if there had been any problems with the neighbors of their current operations. Mr. Hastings stated this was an issue raised in Palm Springs and they had to appeal their application to the City Council for approval. This was their reason for making their inquiries to the City before tying up any land. 12. Chairman Tyler asked if they were currently experiencing any traffic problems. Mr. Hastings stated the only times were during the drop off and pick up times for the parents and it was not a traffic jam. Chairman Tyler noted the streets being considered by the City would be busier than those currently being used by the applicant in the other cities. Staff noted this item would be considered during the application process of a conditional use permit after an application was submitted. 13. Commissioner Robbins asked if they were still allowed in the commercial zones. Staff stated they were. 14. Chairman Tyler asked if they required an applicant to submit a conditional use permit in the commercial zones. Staff stated they would. 15. Commissioner Kirk asked if their business in Palm Springs was on Arterial or Secondary Streets. Mr. Hastings stated he was uncertain as to what the streets were classified and explained where the child care was located. 16. Chairman Tyler asked if anyone else wished to speak regarding this issue. C:\My Documents\WPDOCS\PC9-8-98.wpd 6 Planning Commission Meeting September 8, 1998 17. There being no further public comment, the public participation portion was closed and open for Commission discussion. 18. There being no further discussion, it was moved and seconded by Commissioners AbelsButler to adopt Minute Motion 98-006 adopting the following as the Interpretation of Use for child day care facilities. "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 (RL), Medium Density Residential Districts (RM), Medium High Density Residential Districts (RMH), and High Density Residential Districts (HDR), when adjacent to a Primary or Secondary Arterial street." Unanimously approved. Commissioner Kirk rejoined the Commission. B. Sign Application 98-430; a request of W. Simmons Mattress for approval of a deviation to the sign program to permit corporate signage for a new business within the One Eleven La Quinta Shopping Center west of Wa1Mart on the north side of Highway 111. 1. Chairman Tyler 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. Staff distributed a picture of the site plan. 2. Commissioner Butler asked how staff could recommend modification of the sign if it was part of the corporate sign. Staff stated that at the time of review, it was staff s understanding the requested changes were not part of the corporate sign. 3. Commissioner Robbins noted that each of the signs were not identical. 4. Chairman Tyler asked if the "diamond" had any depth to it. Staff stated it was approximately 1/8" thick. 5. Commissioner Robbins asked if they were illuminated. Staff noted the diamond was and the mattress was not. 6. Mr. Mark Ross, Imperial Sign Company, spoke on behalf of the applicant, and clarified that the red and yellow colors used in the background were a part of the corporate logo. The applicant is negotiable to any changes to the sign except changing the colors. CAMy Documents\WPD0CS\PC9-8-98.wpd Planning Commission Meeting September 8, 1998 7. Commissioner Kirk asked what materials are currently being used for the diamond. Mr. Ross stated a 1/8" aluminum that could be painted. By using plastics they cannot control the color of the paints. Commissioner Kirk asked staff if other tenants had requested variances to the sign program. If so, what did they consist of. Staff stated corporate signs and logos had been allowed; the style of the letters varied from the approved program, and in some cases the signs were larger. Commissioner Kirk noted this sign was considerably smaller than it could be to meet the sign program. 8. Commissioner Butler stated corporate signs have been allowed in the past and asked what part of the sign would be illuminated. Mr. Ross stated only "W. Simmons". 9. Commissioner Robbins stated he too had a problem denying the sign application when others had been approved. 10. Chairman Tyler stated the Rancho Mirage sign had a darker background than the bright red proposed for this location and suggested a darker color would soften the appearance. He then asked what the depth was of the white letters. Mr. Ross stated 5-6 inches deep to house the neon. 11. Chainnan Tyler asked if the background was painted on, would that eliminate staff s concerns? Staff stated it would. Chairman Tyler suggested using a darker maroon color to soften the appearance. 12. Chairman Tyler asked if anyone else wished to speak regarding this issue. 13. There being no further public comment, the public participation portion was closed and open for Commission discussion. 14. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Minute Motion 98-007 approving Sign Application 98-430, with the modification to the background color to be more of a maroon. 16. Commissioner Kirk acknowledged staff for pointing out their concern and not just accepting the corporate logo. He also thanked the applicant for being responsive to the Commission's concerns. 17. Unanimously approved. CAMS Documents\WPDOCS\PC9-8-98.wpd 8 Planning Commission Meeting September 8, 1998 VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Chairman Tyler noted the invitation to the INCO Homes opening. City Attorney Dawn Honeywell noted that if they should attend, it should be noted in their Form for reporting "Statement of Economic Interest" for anything received in excess of $50.00. VIII. COMMISSIONERS ITEMS. B. Chairman Tyler gave a report of the Council meeting of August 18, 1998 and September 1, 1998. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held on September 22, 1998, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:27 P.M. on September 8, 1998. CAMy Documents\WPD0CS\PC9-8-98.wpd 9 PH #A STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 13, 1998 CASE NO.: TENTATIVE TRACT 29003 REQUEST: RECOMMENDATION FOR APPROVAL OF A 19 SINGLE FAMILY RESIDENTIAL AND OTHER LOT SUBDIVISION ON 5.4 ACRES LOCATION: WEST OF MADISON STREET, ALONG BRAE BURN, SOUTH OF LAUREL VALLEY, WITHIN PGA WEST APPLICANT/ PROPERTY OWNER: BROOKFIELD HOMES ENGINEER: M.D.S. CONSULTING ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT MAP 29003 IS WITHIN SPECIFIC PLAN 83-002 AMD. #3 (PGA West), THEREFORE, THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER PUBLIC RESOURCES GOVERNMENT CODE SECTION 65457(a) AND 15182. ENVIRONMENTAL IMPACT REPORT (Sch# 83062922) WAS CERTIFIED BY THE CITY COUNCIL FOR SPECIFIC PLAN 83-002 ON MAY 15, 1984 (RESOLUTION 84-28). SUBSEQUENT AMENDMENTS TO THE SPECIFIC PLAN HAVE BEEN ALLOWED BY THE CITY COUNCIL. THEREFORE, NO CHANGED CIRCUMSTANCES OR CONDITIONS EXIST WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. GENERAL PLAN/ ZONING/SPECIFIC PLAN DESIGNATIONS: LOW DENSITY RESIDENTIAL (LDR); LOW DENSITY RESIDENTIAL (RL); RESIDENTIAL PER SPECIFIC PLAN 83-002 (AMENDMENT #3) P:\perpfl-M9003.wpd BACKGROUND: Site Background Proposed Tentative Tract Map 29003 is within PGA West - Specific Plan 83-002. The Specific Plan allows for a total residential unit count of 5,000. There are approximately 1,750 existing residential units within the Specific Plan. The location of the proposed subdivision is depicted in Attachment 1. Project Request Tentative Tract Map 29003 (Attachment 2) proposes to reconfigure Lots 18-41 and Lot C located within Tract 28341-2. The total acreage involved in this request is 5.4 acres. The proposed lots vary in size from approximately 11,840 square feet to 18,457 square feet, with the average lot size being 12, 606 square feet. Minimum lot widths would be 80 feet, to accommodate the Heritage unit design. All lots front onto Brae Burn, a private street, and all lots back onto an existing golf course fairway. Proposed Lot A, located between Lots 9 and 10, is designated for a community pool, as required by Specific Plan 83-002 Amd. #3. Public Notice This map application was advertised in the Desert Sun newspaper on September 21, 1998. All property owners within 500-feet of the proposed tentative tract map were mailed a copy of the public hearing notice as required by the Subdivision Ordinance of the La Quinta Municipal Code. As of September 29, 1998, no written comments have been received. All correspondence received before the meeting will be given to the Planning Commission. Public Agency Review Staff mailed a copy of the applicants request to responsible public agencies on August 24, 1998. All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. STATEMENT OF THE ISSUES: Based on the provisions of the General Plan, Zoning Code, and the Subdivision Ordinance, the following overview of the project is provided: Issue 1 - General 'Plan and Specific Plan Consistency The City's General Plan designates the subdivision as Low Density Residential (2-4 dwellings per acre) which allows single family housing (e.g., attached or detached housing units).The proposed Tentative Tract 29003 reconfiguration would reduce the lot count by 5 residential single family lots that would be allowed by Specific Plan 83-002 Amd. #3 given the total acreage. This map proposes lots greater than the 7,200 square feet PApaptTTM29003.Nvpd minimum required by the RL Zoning District. As designed, the proposed single family development of Tentative Tract Map 29003 is consistent with the City's General Plan, Specific Plan 83-002 Amd. #3, and the RL Zoning District development standards. Issue 2 - Tract Design/Improvements A private interior street and the proposed residential lots and lettered lot have been designed along the existing golf course fairways. Design standards of the City's General Plan, Specific Plan 83-002 Amd. #3, and Subdivision Ordinance have been included into the project's design. Street and other infrastructure improvements are partially installed to service the proposed subdivision. Impacts associated with development of the project can be mitigated through adherence to the recommended conditions. Issue 3 - Health and Safety All necessary infrastructure improvements for this project have been partially installed for the majority of the Tentative Tract Map 29003 project area. This includes water, sewer, streets, and other necessary improvements. The health, safety and welfare of residents is ensured based on recommended conditions, and by previous assessment of these issues in the Environmental Impact Report, prepared for Specific Plan 83-002. Issue 4- Environmental Impacts Proposed Tentative Tract Map 29003 will create five fewer residential lots than the underlying subdivision with its 24 residential lots and one lettered lot, by increasing the width of the residential lots in order to accommodate the Heritage unit design. This reduction in the number of lots will slightly reduce the overall impacts resulting from the proposed subdivision. Mitigation measures contained in the Environmental Impact Report prepared for Specific Plan 83-002 have been made as conditions of approval where they are necessary. RECOMMENDATION: 1. Adopt Planning Commission Resolution 98- , recommending to the City Council approval of Tentative Tract Map 29003, subject to the above findings and attached conditions. Attachments.- 1 . Location Map 2. TTM 29003 - (Large Exhibits- Planning Commission Only) Prepared by: Submitted by: Leslie Mouriquand, Associate Planner Christine di lorio,, Planning Manager PAperptTTM29003.wpd PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 29003 TO CREATE A 19 SINGLE FAMILY RESIDENTIAL AND ONE LETTERED LOT SUBDIVISION ON 5.4 ACRES, LOCATED WEST OF MADISON STREET, ALONG BRAE BURN, SOUTH OF LAUREL VALLEY, WITHIN PGA WEST CASE NO: TENTATIVE TRACT MAP 29003 BROOKFIELD HOMES WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 13th day of October, 1998, hold a duly noticed Public Hearing to consider a request by Brookfield Homes to create a 19 single family and one lettered lot subdivision on 5.4 acres along Brae Burn, within PGA West; and, WHEREAS, said Tentative Tract Map is exempt from the California Environmental Quality Act (CEQA) per Public Resources Government Code Section 65457(a) and 15182, as Environmental Impact Report (Sch# 83062922), prepared for Specific Plan 83-002, was certified by the City Council in 1984, and no changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to justify a recommendation for approval of said Tentative Tract Map: The design and improvements of the proposed Tentative Tract Map 29003 are consistent with the current goals and objectives of the La Quinta General Plan in that the subdivision will result in the development of single family residences, within a gated community. The proposed subdivision will create larger lots and reduce the total lot count within Specific Plan 83-002 Amendment #3 by five residential lots. 2. Tentative Tract Map 29003 is consistent with current standards of the Municipal Zoning Ordinance and Specific Plan 83-002 Amendment #3 for a project located within the RL (Residential Low Density) Zoning District. This subdivision proposes lot sizes greater than the 7,200 square feet minimum required by the RL Zoning District. PAperesTTM29003.wpd 3. Tentative Tract Map 29003 is consistent with the standards of the City's Subdivision Ordinance and Specific Plan 83-002 Amendment #3, in that all proposed lots meet the required dimensions, with the smallest lot size being 11,840 square feet; and design for access and circulation meets those requirements approved for Specific Plan 83-002 Amendment #3. 4. The design of Tentative Tract Map 29003 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 have reviewed the project for these issues with no significant concerns identified. 5. The design of the subdivision, 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 Impact Report Sch# 83062922 was certified in 1984, by the City Council for Specific Plan 83-002, in which Tentative Tract Map 29003 is located, and there are no changed circumstances or conditions proposed by Tentative Tract Map 29003 which would trigger the preparation of a subsequent environmental analysis. 6. The design of the subdivision, and types of improvements, will not conflict with easements, acquired by the public at large; for access through, or use of, property within the subdivision, as the proposed subdivision has been reviewed for these issues with no concerns identified. 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 recommend approval of the above -described Tentative Tract Map 29003, 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 13th day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P:\PcresTTM29003.wpd ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\peresTTM29003.wpd PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29003 - BROOKFIELD HOMES OCTOBER 20, 1998 GENERAL CONDITIONS OF APPROVAL 1. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. Subdivider 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 sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29003 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. This map approval shall expire and become null and void within two years of approval unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • 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. P:\LESLIE\pccoaTT29003.wpd Printed October 7, 1998 Page I of The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. 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. PROPERTY RIGHTS 6. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility easements. 7. The applicant shall maintain the 10-foot utility easement dedicated on the underlying Tract Map 28341-2 unless the City receives written consent from affected utility authorities for a reduction to five feet as shown on this tentative map. 8. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, and mailbox clusters. 9. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) 10. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. P:\LF.SL1E\pccoaTT29003.wpd Printed October 7, 1998 Page 2 of i If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 11. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading" and "Precise Grading." Rough 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. Plans for improvements not listed above shall be in formats approved by the City Engineer. 12. 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. IMPROVEMENT AGREEMENT 13. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 14. 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. 15. 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 and final building inspections 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. GRADING 16. 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. 1ALESLIE\pccoaTT29003.wpd Printed October 7, 1998 Page 3 of 17. 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. 18. The applicant shall comply with the City's flood protection ordinance. 19. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 20. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 21. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 22. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plans for the PGA West development. UTILITIES 23. The applicant shall furnish a plan for utility lateral construction and abandonment and provide approved estimates for the work. STREET AND TRAFFIC IMPROVEMENTS 24. 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 of the ordinance. 25. Prior to final inspections of homes within this tract, the street improvements required of the underlying Tract 28341-2 shall be complete. P:\LESLIE\pccoaTT29003.wpd Printed October 7, 1998 Page 4 of 26. Prior to approval of a final map, the applicant shall satisfy this tract's share of offsite improvement obligations as specified in an off -site improvement phasing plan approved by the City. LANDSCAPING 27. The applicant shall satisfy this tract's share of offsite and perimeter landscaping obligations as specified in the an off -site improvement phasing plan approved by the City. QUALITY ASSURANCE 28. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 29. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. FEES AND DEPOSITS 30. 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. 31. Plan checking fees shall be paid to the Riverside County Fire Department when plans are submitted for review and approval. FIRE DEPARTMENT CONDITIONS 32. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1500 gpm for a 2 hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 32. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 33. 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 P:\I,ESI.IE\pccoaTT29003.wpd Printed October 7, 1998 Page 5 of " 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." 34. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. MISCELLANEOUS 36. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 37. Applicable conditions of Specific Plan 83-002 shall be met prior to building permit issuance. 38. On -site signs (temporary or permanent) shall comply with Chapter 9.160 of the Zoning Ordinance. 39. Temporary on -site sales facilities are subject to the requirements of Section 9.60.250 of the Zoning Ordinance (i.e., Minor Use Permit). 40. Prior to building permit issuance, recreational amenity plans for the interior common lot shall be submitted for review and approval by the Community Development Department. 41. Prior to building permit issuance, single family houses for the tract shall be reviewed by the Planning Commission pursuant Sections 9.210.010 (Site Development Permits) and/or 9.60-300 (Compatibility Review) of the Zoning Ordinance unless the house plans have been previously approved for use in PGA West. IALISLIE\pccoaTT29003.wpd Printed October 7, 1998 Page 6 of 7 TENTATIOE TRACT N0029003 PGA WEST ATTACHMEN 2 YKi AAI6• s ? V V ,rt r•; �' • hey' Fv'b�/I 51,j,�� � �' •� cam. • �t �9 ;'Jib , � v �' � i b: xl }� , VWX oaa •EVIKD. SEFI©IBER r, t••a 1 L • irk^ •+ I 'I 1 ir -000 r Ulm am Sw M1% .a a� •''t !A _ `' ;1 r_ .`^•```tip-_ .;-(nr�1 -•- sl y: anE mgElro� 1..oA < aOtllPra.a ltla OB7C0*•BBB ••• -�•�• i_f,J "'1\aK �',•\ �• a' rSL -1 LEGAL tar A MOM N, M. la o OF •MW as a $I--L LOT COL111T ora 1 wMw N - FMSM 1K,Ma 01000 a to O MB, Pm a •dM*. an Of u a.aA mum V M1EE M A - Pam 1W sm V mraPrt .ao - mwass* ono M M= BraayfrM Bmur n""=mi as - oaBPau.un• Boa ooaier os - SOM o fMlO.a as arrwr am alb" sh t sal m Rta�ac -moos neona cs•Mcn rraBs Paoomai om.a Oda Yns Cdikr i. 9ME0-3M - meaPM - P®YOa P— 7I.42?,Mo A sEP,aio LOT AM LMLL1o4D U9E 9L�OMAM I warm n - Bomar oas s�iPr oa�aa.s n u ou«aami � Y�OI CoDM09L I/M�Y wm tole I -Poet, t• � pr,.ru Iaug to IE.+a7 V o.>m .rum o Maya oor - vnE a nMart • rrmo • .ra�.M N•aMaM.aaos a.aa PH #B STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 13,1998 CASE NO.: TENTATIVE TRACT MAP 28961 REQUEST: APPROVAL AND RECOMMENDATION TO THE CITY COUNCIL OF TENTATIVE TRACT MAP 28961 TO SUBDIVIDE 44.30 ACRES INTO 48 RESIDENTIAL LOTS AND OTHER AMENITY LOTS APPLICANT: MDS ENGINEERING PROPERTY OWNERS: BROOKFIELD HOMES LOCATION: WEST SIDE OF MADISON STREET, SOUTH OF AVENUE 54 WITHIN PGA WEST ENVIRONMENTAL CONSIDERATIONS: TENTATIVE TRACT MAP 28961 IS WITHIN SPECIFIC PLAN 83-002 (PGA WEST). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER PUBLIC RESOURCES CODE SECTION 65457(A). AN ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #83062922) WAS CERTIFIED BY THE CITY COUNCIL ON MAY 15,1984 (RESOLUTION 84-28). NO SUBSTANTIVE CHANGES EXISTS WHICH WOULD REQUIRE THE PREPARATION OF ADDITIONAL ENVIRONMENTAL DOCUMENTATION. THEREFORE, NO FURTHER ENVIRONMENTAL ASSESSMENT IS NECESSARY. PURSUANT TO PUBLIC RESOURCES CODE 21166. GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) (LDR) ZONING: LOW DENSITY RESIDENTIAL (RL) SURROUNDING LAND USES: NORTH: EXISTING PGA WEST GOLF COURSE SOUTH: LOW DENSITY RESIDENTIAL (VACANT) EAST: LOW DENSITY RESIDENTIAL (VACANT) WEST: LOW DENSITY RESIDENTIAL (VACANT) ;r In 1984, the City Council approved Specific Plan 83-002 (PGA West), and Environmental Impact Report, under Resolution 84-31, which allows up to 5,000 houses with championship golf courses on approximately 1,665 acres. The Specific Plan was amended in 1988 and 1989. Since 1984, several tentative tracts have been approved and recorded under SP 83-002. PGA West is a resort -oriented community providing a range of residential housing types consistent with the Low Density Residential designation established in the General Plan. The vacant site was mass graded a few years ago during construction of the existing golf course. Surrounding properties are vacant and owned by the applicant and KSL. The tentative tract map proposes 48 single family lots, amenity/common lots, and private streets lots (57 total lots). The amenity/common lots include: street lots VA- E"), a pool and landscape area lot (Lot" F"),a landscape lot (Lot "G") and golf course lots ("H &I"). The single family lots range in size from approximately 11,840 square feet to 26,901 square feet with lot frontages ranging from 80 to 200 feet. Access to the tract will be from private streets (Brae Burn and Winged Foot) connecting to PGA Boulevard, the main access street. The case was advertised in the Desert Sun newspaper on September 30,1998. All property owners within the entire development were mailed a copy of the public notice. No written comments have been received. M,911teRMS0.1 The tentative tract was sent out for comments to City Departments and affected public agencies on September 14, 1998. Agency comments received have been made a part of the Conditions of Approval. •@ fir -in G u- An Environmental Impact Report was certified by the City Council in 1984 and there are no substantive changes from the original environmental review. Therefore, no additional environmental review is deemed necessary. STATEMENT OF ISSUES: Issue 1 - General Plan/Specific Plan consistency The 1992 General Plan designates this property as Low Density Residential (2-4 dwelling units per acre) with Golf Course surrounding the proposed subdivision. The Specific Plan is consistent with the existing General Plan and its internal elements because only 5,000 homes are allowed in PGA WEST. This site is a portion of the Specific Plan 83-002 providing 48 residential units on 44.30 acres. Issue 2 - Tract Design/Improvements/Health and Safety All single family lots are accessible by private streets. All interior streets are 37 feet wide and consistent with the General Plan that requires private residential streets to be not less than 28-feet wide. Infrastructure improvements necessary for single family development are required for this project including streets, water and sewer, power, and drainage. The recommended Conditions of Approval require all necessary infrastructure improvements. The recommended conditions will insure that all on -site work is consistent with City standards and the requirements of local service agencies. Electric services will be underground. The applicant's request to subdivide 44.30 acres of land for 48 residential lots and amenity lots are consistent with the General Plan, Specific Plan, and the Subdivision Ordinance provided that the recommended Conditions of Approval are met. Adopt Planning Commission Resolution 98-_, recommending to the City Council approval of Tentative Tract 28961 subject to the attached conditions. Attachment: 1 . Location Map 2. Tentative Tract 28961(reduced) Prepared by: Fmd-f3aker, AICP Principal Planner Submitted by: Christine di lorip Planning Manager PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 28961 TO ALLOW A 48-LOT SINGLE FAMILY RESIDENTIAL LAND SUBDIVISION AND MISCELLANEOUS AMENITY LOTS ON APPROXIMATELY 44.30 ACRES CASE NO.: TENTATIVE TRACT 28961 APPLICANT: MDS ENGINEERING (BROOKFIELD HOMES IN PGA WEST) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of October , 1998, hold a duly noticed Public Hearing and recommended approval to the City Council, for a 44.30 acre site with 48 single family lots and other amenity lots, generally on the west side of Madison, south of Avenue 54 within PGA West, more particularly described as: ASSESSOR'S PARCEL NUMBERS 769-051-009,769-052- 007, 769-053-004, 769-053-005, 769-053-010, 769-053- 012, AND 769-053-014 WHEREAS, said tentative map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Assessment was conducted for Specific Plan 83-002 (PGA West) in 1983, for the overall development of the PGA West development. The project is exempt from the California Environmental Quality Act (CEQA) per public resources code section 65457(a). An Environmental Impact Report (State Clearinghouse #83062922) was certified by the City Council on may 15,1984 (Resolution 84-28). No substantive changes exists which would require the preparation of additional environmental documentation. Therefore, no further Environmental Assessment is necessary. Pursuant to Public Resources code 21166. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Commission did make the following Mandatory Findings of approval to justify said Tentative Tract Map 28961: A. The proposed map is consistent with the City of La Quinta General Plan and any applicable specific plans. The project is a Low Density Residential (LDR) District per the provisions of the 1992 General Plan Update; therefore, all provisions of Land Use Element (Chapter 2) shall be met. Specific Plan 83-002 designates the site as residential which permits single family dwellings. Tentative Tract 28961 is consistent with the goals, policies and intent of the La Quinta General Plan and RF.SOP('TT28961 Planning Commission Resolution 98- Specific Plan 83-002 (PGA West) provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to the Final Environmental Impact Report. B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan, the Specific Plans, and the Subdivision Ordinance. All streets and improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. All on - site streets will be private (37-feet wide right-of-way) which is consistent with Specific Plan 83-002. Access for the single family lots will be provided from an internal north/south street planned under tentative tract map. The density and design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is physically suitable for the proposed land division. The existing golf course, adjacent to the site, was graded approximately two years ago. Therefore, this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was disturbed as required by SP 83-002, and Final EIR. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 83-002. E. 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 proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. WHEREAS, in the review of this tentative tract map, the Planning Commission has considered the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs RESOPCTT28961 Planning Commission Resolution 98- of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of the Environmental Impact Report (STATE CLEARINGHOUSE #83062922),under Resolution 84-28. 3. That it does recommend approval to the City Council of Tentative Tract Map 28961 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 13t" day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Robert T. Tyler, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RFSOPCTT28961 RESOLUTION 98- CONDITIONS OF APPROVAL- RECOMMENDED TENTATIVE TRACT MAP 28961 BROOKFIELD HOMES OCTOBER 13, 1998 GENERAL 1. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map No. 28961 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This map shall expire two years after approval by the City Council unless extended pursuant to the provisions of the Subdivision Ordinance 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with A:\pc cond of app tt 28961 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. The applicant shall comply with the terms and requirements of the Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. 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, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility and drainage easements. 7. Prior to approval of a final map, parcel map or grading plan, the applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 9. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 10. Dedications required of this development include: A.Private Streets - Lots A, B, C, D & E - 37-feet wide right-of-way, plus suitable right- of-way for knuckle turns and offset culs-de-sac per Riverside County Standards. 11. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets 12. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. A:\pc cond of app tt 28961 13. 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. 14. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 15. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. "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, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. A:\pc cond of app tt 28961 IMPROVEMENT AGREEMENT 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 approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 19. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, 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 improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 21. 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 or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). A:1pc cond of app tt 28961 Participatory improvements for this development include: A. Jefferson Street and Avenue 54 - 100% of the cost to design and construct traffic control improvements (traffic signal or round -about, as approved by Council). B. Madison Street and Avenue 54 - 25% of the cost to design and construct traffic control improvements (traffic signal or round -about, as approved by Council) C. Avenue 54 - (Primary Arterial) - 50% of the cost to design and construct full right-of-way improvements, including median and median landscaping, meandering sidewalk, perimeter wall, and perimeter landscaping, along the that portion adjacent to the PGA West Specific Plan 83-002 boundary. D. Avenue 54 - 100% of the cost to design and construct perimeter wall improvements along the vacated portion adjacent to the PGA West Specific Plan 83-002 boundary. 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. GRADING 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. 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. 25. The applicant shall furnish a preliminary geotechnical ("soils") report with the grading plan. 26. The grading plan shall be prepared by a registered civil engineer and must be approved by the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. A:\pc cond of app tt 28961 27. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 28. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plan for PGA West. UTILITIES 29. Existing and proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 30. Where hardscape improvements are planned, underground utilities shall be installed prior to the hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 31. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program. 32. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses: A. PRIVATE STREETS AND CULS DE SAC 1)Residential - 36 feet wide if double loaded (building lots on both sides), 32 feet if single loaded 2)Collector (>300 homes or 3,000 vpd) - 40 feet wide 3)Cul de sac curb radius - 45' Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. A:\pc cond of app tt 28961 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid - block street lighting is not required. 34. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 35. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and access gates shall be stamped and signed by California -registered professional engineer(s). 36. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 37. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 38. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0'75.00" Secondary Arterial 4.0' /6.00" Primary Arterial 4.5/6.00" Major Arterial 5.5/6.50" 39. The applicant shall submit current mix designs (<two years old at the time of construction) for base, paving and curb/gutter materials. Submittals shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (<six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 40. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final A:\pc cond of app tt 28961 inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 41. The applicant shall provide landscaping in required setbacks and common lots. 42. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 43. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 44. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 45. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 46. The applicant shall construct perimeter walls and required landscaping to enclose the perimeter adjacent to Madison Street prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer. QUALITY ASSURANCE 47. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 48. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 49. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter A:\pc cond of app tt 28961 percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 50. 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 shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 51. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements until expressly released from said responsibility by the City. FEES AND DEPOSITS 52. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 121801=16143111• ll 1 53. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than = feet apart in any direction with no portion of any lot frontage more than 10 feet from a fire hydrant. Minimum fire flows shall be 1500 gpm for a 2 hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of the streets directly in line with fire hydrants. 54. Applicant/developer shall provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 55. Prior to recordation of final map, applicant/developer will furnish one blue line 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 shall 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." The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. A:1pc cond of app tt 28961 MISCELLANEOUS 56. Prior to issuance of first building permit for this Tract recreational amenity plans for interior common lots shall be submitted for review and approval by the Community Development Department. A:\pc cond of app tt 28961 a TENTATIVE TRACT NO. 28961 AT PGA WEST J J/ � •a\-I•C •. t{��'•' 4? �a ' �,, '_,, iI, Lour e•r �✓t_ �' � -yJ l�\ �L�y' r O' ��• a ♦`•\�Li��_ i'i �.�i�( i RAlYL TRACT 29I3 is 2D3, /f �^'_-� r _ L•.i.•). :(�1 �� � �.• �Lti�•ti, t'.�•I. ,--�11[.�{' { 1� /dTAPMT - ooumAFO AFFM • L ` ^ ' '�: \L ur'! t- --- . 't � a. ' -.t �; . r-.t" ^:.\ i . � .� I., '}U.'.ge■su,f:.�- ,•F �;r -s °i•f � Ar�.i��"1 a: � r•.: �� f L��1 'r� �, 1f ( / �i' , �,•,• . .-®�► :.�1. ='a't `c �;{ ti : Ali •i ,,t. � � � !- �' � .�� . 87 LOT 38 � L8i,. to ma,30-eo y © O• • . • • • a a .I.� 1 1 -Tl�2S. �� . aotf ootc is sa ® l a• w A.* r` J :- f'd - I.�R.i-+-i ..'.� ,'—'.mow-,'.•: jr..)•; .-. �.'j� 1 � - �•,:• -�1 -. p..•ry o,: '',�,', /, ) tua t•om AYN. n. tW w ` M {♦dVY "`.....: - TENTATIVE ��Oi101■ ttttlrfY�r■r W7.AAJ\L�■r t •ti��1�11[ � MO�•A �O■fD•tri■1M■ w p ..-....." ".��...�, TRACT �ssm . _�. �.t.e..._._...._.. MAP NO. 28961 W v rr u.m •trm■ yam n ■. - t'�' wwrw Ois ACSA� ® LAND CORPORATION w ttm.� s � •as ote m m■ew n '� • 56-140 PGA Bout+N i7lOJ 461-1016 .•y, �nr•• � IA Q• to CA 2=3 ►AR (7W) W-nM If* a o&swk rime rm •tsr sw■ r t.sot awMDS W YA STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 13, 1998 CASE NO.: TENTATIVE TRACT MAP 28603 REQUEST: RECOMMENDATION FOR APPROVAL OF A 60 SINGLE FAMILY AND OTHER COMMON/STREET LOT SUBDIVISION ON 22.67 ACRES WITHIN SPECIFIC PLAN 90-017 LOCATION: ON THE NORTH SIDE OF HERMITAGE (EXTENDED) AND EAST OF RIVIERA AND WEST OF MADISON STREET ABUTTING THE EXISTING TOM WEISKOPF GOLF COURSE IN PGA WEST APPLICANT/ PROPERTY OWNER: KSL RECREATION CORPORATION ENGINEERS: M.D.S. CONSULTING ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT MAP 28603 IS PART OF SPECIFIC PLAN 90- 017, A MASTER PLANNED COMMUNITY OF 880 HOUSES ON 220 ACRES ORIENTED AROUND GOLF AMENITIES AND IS AN EXTENSION OF SPECIFIC PLAN 83-002. THIS MAP HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 65457(A) OF THE PLANNING AND ZONING LAW BECAUSE AN ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 90020727) WAS PREPARED AND CERTIFIED BY THE CITY COUNCIL FOR SPECIFIC PLAN 90-017 IN 1991. THEREFORE, NO CHANGED CIRCUMSTANCES, OR CONDITIONS, EXIST WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT EIR PURSUANT TO PUBLIC RESOURCES CODE 21166. GENERAL PLAN/ SPECIFIC PLAN DESIGNATIONS: LOW DENSITY RESIDENTIAL AND RESIDENTIAL PER SPECIFIC PLAN 90-017 STPC28603-27, RES028603-27, COND28603-27 BACKGROUND: Site Information The vacant site has been rough graded and is surrounded by the existing Tom Weiskopf golf course to the north (Attachment 1). Surrounding the site are vacant residential properties, scattered existing houses, and an outdoor sculpture park. Specific Plan 90-017 History On December 3, 1991, the City Council adopted Resolution 91-105 for Specific Plan 90- 017, approving a master planned development of 880 units on 220 acres. This planned community was designed to be a future integral part of PGA West (Specific Plan 83-002) via shared private streets and common open space. No residential development has occurred within the boundaries of SP 90-017, but two subdivision maps have been recently approved for portions of the master planned development (i.e., Tracts 28522 and 28838). Project Request Tentative Tract Map 28603 resubdivides portions of Parcel Map 28803. This tract map proposes to create 60 single family and various other nonresidential lots on 22.67 acres (2.6 dwellings per acre) in the western section of Specific Plan 90-017 abutting portions of the Weiskopf golf course (Attachment 2). The proposed single family lots vary in size but are generally 60-feet to 80-feet in width by 150-feet in depth, with an average of 11,159 square feet. All residential lots will front onto private streets. The proposed private streets are linked to existing and future streets in PGA West. Common open space amenity lots are identified as Lots "A" through "D". The developer anticipates building Ryder and Heritage Collection housing units on these lots that were approved for PGA West in 1995 under Plot Plans 95-552 and 95-562. These two prototype housing units range in size from 2,101 square feet to 3,441 square feet and have three and four bedrooms with attached two and three car garages. Public Notice This map application¶ was advertised in the Desert Sun newspaper on October 1, 1998. All property owners within PGA West and within 500-feet of the development's boundaries were mailed public hearing notices. No written correspondence has been received. STATEMENT OF THE ISSUES: Based on the provisions of the General Plan, Specific Plan 90-017, Zoning Code and the Subdivision Ordinance the following overview of the project is provided: Issue 1 - General Plan/Specific Plan 90-017 Consistency The City's General Plan and Specific Plan 90-017 designates the site as low density residential development not exceeding four units per acre. This map proposes single family lots that are greater than 8,976 square feet which is consistent with development standards for this area. STPC28603-27, 2 RES028603-27, COND28603-27 PGA West (SP 83-002) streets connect with those planned in Specific Plan 90-017. The street circulation plan is consistent with the requirements of both adopted specific plans and will connect with existing streets to the west (Hermitage and Riviera) and those planned to the north under Tentative Tract Map 28444. Issue 2 - Tract Lot Design/Improvements All proposed streets will be a minimum width of 36-feet (curb face to curb face) and comply with the design requirements of Specific Plan 90-017 and Subdivision Ordinance. Street and other infrastructure improvements are required for this project. The proposed single family lots are consistent with the requirements of SP 90-017. The recommended Conditions will ensure that all on -site work is consistent with City standards. Issue 3 - Health and Safety Infrastructure improvements for this project will be constructed as required by the attached Conditions. RECOMMENDATION: Adopt Planning Commission Resolution 98 =, recommending to City Council conditional approval of Tentative Tract Map 28603, subject to the recommended findings and conditions. Attachments: 1. Site Location 2. TTM 28603 - Reduced 3. Large Exhibits - Commission Only Tr64sdell, Associate Planner Submitted by: Christine di lorio, Planning Manager STPC28603-27, RES028603-27, COND28603-27 3 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A 60 SINGLE FAMILY AND OTHER COMMON LOT SUBDIVISION ON 22.67 ACRES LOCATED EAST OF RIVIERA, NORTH OF FUTURE HERMITAGE EXTENDED AND WEST OF MADISON STREET CASE NO.: TENTATIVE TRACT MAP 28603 APPLICANT: KSL LAND CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13t' day of October, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 60 single family residential and other common lot subdivision on 22.67 acres, generally located at the northeast corner of Riviera and Hermitage, more particularly described as: Parcels 1 and 3 of Parcel Map 28805, as filed in Book 192, Pages 26 and 27 of Parcel Maps, in the Office of the County, Recorder of Riverside County WHEREAS, the City Council, by approval of Specific Plan 90-017, established a master planned community of 880 residential units on 220 acres oriented around golf course fairways to the south of PGA West. Overall, the adopted Plan offers guidelines promoting balanced growth consistent with the City's General Plan; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval for said Tentative Tract Map 28603: Finding Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential (LDR) not to exceed a maximum density of four dwelling units per acre. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. Finding Number 2 - Consistency with Specific Plan 90-017 and City Zoning Ordinance: A. The proposed single family lots exceed the specific plan minimum size requirement of 6,500 square feet. Specific Plan 90-017 allows 880 houses oriented around common open space and golf course fairways. The proposed 60 residential lots will neither impact the overall growth and development of PGA West nor conflict with the requirements of SP 90-017. The proposed single family lots are also consistent with the City's Zoning Code in that development standards and criteria contained in the Specific Plan supplement and/or replace those in the City's Zoning Code. Conditions are recommended ensuring compliance with Specific Plan 90-017 and the Zoning Code. RESOPCTTM 28603 Update - 27 Planning Commission Resolution 98- Tentative Tract Map 28803 Finding Number 3 - Compliance with the California Environmental Quality Act: A. Tentative Tract Map 28603 is part of Specific Plan 90-017, a master planned community of 880 houses on 220 acres oriented around golf amenities and is a future extension of Specific Plan 83-002 (PGA West). This map has been determined to be exempt from the California Environmental Quality Act per Planning and Zoning Code Section 65457(a) because an Environmental Impact Report (State Clearinghouse No. 90020727) was certified by the City Council for SP 90-017 in 1991. No changed circumstances, or conditions, exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Finding Number 4 - Site and Landscape Design: A. The proposed site design conforms with the design guidelines identified in SP 90-017 and provides a harmonious transition between other residential houses in PGA West to the north. The proposed lots that are separated by Tract 28522 have been determined to be contiguous pursuant to Section 66424 of the Subdivision Map Act. B. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. C. The site is physically suitable for the proposed land division. Finding Number 5 - Site Improvements: A. Stormwater runoff will be diverted to the existing golf course to ensure off - site properties are not impacted from seasonal storms. B. The proposed private street serves all proposed lots and connects to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. C. Infrastructure improvements such as gas, electric, sewer and water will be extended to service the site in underground facilities as planned under the Specific Plan. No adverse impacts have been identified based on letters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; RESOPCTTM 28603 Update - 27 Planning Commission Resolution 98-_ Tentative Tract Map 28e03 2. That it does hereby require compliance with those mitigation measures required for Specific Plan 90-017; 3. That it does hereby confirm the conclusion that the Environmental Impact Report for the Specific Plan 90-017 assessed the environmental concerns of this tentative tract map; 4. That it does recommend approval to the City Council of Tentative Tract Map 28603 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 131' day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTrM 28603 Update - 27 PLANNING COMMISSION RESOLUTION 98-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 28603 KSL LAND CORPORATION OCTOBER 13, 1998 CONDITIONS OF APPROVAL GENERAL Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City'), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative tract map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 28603 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). This map approval shall expire and become null and void within two years of approval unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 4. Prior to the issuance of a grading permit, or building permit, for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans A:\CondTTM28603.wpd(27) Page 1 of 11 Planning Commission Resolution 98-_ Tentative Tract Map 28603 KSL Land Corporation 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. PROPERTY RIGHTS 5. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of all essential improvements located on street, drainage or common lots or within utility and drainage easements. 6. Prior to approval of a final map, parcel map or grading plan, the applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 7. The applicant shall dedicate 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. 8. Dedications required of this development include: A. Private Streets - Hermitage, Winged Foot, Lot E, & Lot F - 37-feet wide right-of-way, plus suitable right-of-way for knuckle turns and offset culs-de-sac per Riverside County Standards. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. If the City Engineer determines that 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 interim easements to those areas within 60 days of written request by the City. 9. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 10. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Madison Street - 20-feet wide AACondTTM28603.wpd(27) Page 2 of 11 Planning Commission Resolution 98-_ Tentative Tract Map 28603 KSL Land Corporation Setbacks shall apply to all frontage including, but not limited to, remainder parcels, well sites and power substation sites. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 11. The applicant shall vacate abutter's rights of access to the following streets from all frontage except entryways shown on the approved tentative map or as approved by the City Engineer: A. Madison Street 12. 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. 13. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 14. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 15. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for the Community Development Director and the Building Official. Plans are not approved for construction until they are signed by City staff. "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. AACondTTb428603.wpd(27) Page 3 of 11 Planning Commission Resolution 98-_ Tentative Tract Map 28603 KSI. Land Corporation 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 items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 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 approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 19. If improvements are secured, the applicant shall provide approved estimates of improvement costs for checking and approval of the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for 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 improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 21. 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 and final building inspections or otherwise withhold approvals related to A:1CondTTM28603.mpd(27) Page 4 of 11 Planning Commission Resolt.tion 98-_ Tentative Tract Map 28603 KSI, Land Corporation the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements). Participatory improvements for this development include: A. Madison Street and Main Gate - 50% of the cost to design and construct traffic control improvements (traffic signal or round -about, as approved by Council). B. Madison Street - (Primary Arterial) - 25% of the cost to design and construct full right- of-way improvements, including median and median landscaping, from the south boundary of this Tentative Map and Avenue 58, excluding improvements west of the westerly curb (i.e., meandering sidewalk, perimeter landscaping, and perimeter walls). 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. GRADING 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, LQMC. 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. 25. The applicant shall furnish a preliminary geological ("soils") report with the grading plan. 26. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 27. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If A:\CondTTM28603.Hpd(27) Page 5 of I I Planning Commission ResolL.tion 98-_ Tentative Tract Map 28603 KSL Land Corporation compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring - owner dissatisfaction with the grade differential. 28. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The certification shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 29. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plans for PGA West. UTILITIES 30. All existing and ;proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kV are exempt from this requirement. 31. Where hardscape improvements are planned, underground utilities shall be installed prior to the hardscape. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 32. The City is contemplating adoption of a revised infrastructure fee program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program. 33. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1) Madison Street (Primary Arterial - 110' right-of-way) - Construct the west one - quarter (%4) of full right-of-way improvements, provided the east three -quarter's (%) of full right-of-way improvements exist, from Airport Boulevard to the southerly boundary of this Tentative Map, consisting of: completion of half - width street improvements (west of centerline), a six foot (6) wide meandering sidewalk, perimeter walls and perimeter landscaping. Id0lM 2) Madison Street (Primary Arterial -110' right-of-way) - Construct the west three - quarter's (s/) of full right-of-way improvements, provided the east three - quarter's of full -right-of-way improvements do not exist, from Airport Boulevard A:\CondTTD128603.wpd(27) Page 6 of 11 Planning Commission Resolution 98-_ Tentative Tract Map 28603 KSL Land Corporation to the southerly boundary of this Tentative Map, consisting of: half width street improvements (west of centerline) with a six foot (6) wide meandering sidewalk, perimeter walls and perimeter landscaping; an eighteen foot (18') wide, raised, landscaped median; and a sixteen foot (16') wide northbound lane adjacent to the east side of the median. B. PRIVATE STREETS AND CULS DE SAC 1) Residential - 36 feet wide if double loaded (building lots on both sides), 32 feet if single loaded 2) Collector (�300 homes or 3,000 vpd) - 40 feet wide 3) Cul de sac curb radius - 45' Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 34. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 35. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 36. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and access gates shall be stamped and signed by California -registered professional engineer(s). 37. Street right of way geometry for cuts de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 38. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 39. The applicant shall design street pavement sections using Caltrans' design procedure (20- year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" A:\CondTTN128603.vrpd(27) Page 7 of 11 Planning Commission Resolution 98-_ Tentative Tract Map 28603 KSL Land Corporation Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 40. The applicant shall submit current mix designs (<two years old at the time of construction) for base, paving and curb/gutter materials. Submittals shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (<six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 41. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent (10%) of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 42. The applicant shall provide landscaping in required setbacks and common lots. 43. Landscape and irrigation plans for landscaped lots, setbacks, and medians shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 44. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 45. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 46. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 47. The applicant shall construct perimeter walls and required landscaping to enclose the perimeter adjacent to Madison Street and along the southerly tract boundaries prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer. A:\CondTTM28603.,Apd(27) Page 8 of I I Planning Commission Resoh.tion 98-_ Tentative Tract Map 28603 KSL Land Corporation 48. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. QUALITY ASSURANCE 49. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 50. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 51. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 52. 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 shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 53. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements until expressly released from said responsibility by the City. FEES AND DEPOSITS 54. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 55. 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. 56. Plan checking fees shall be paid to the Riverside County Fire Department when plans are submitted for review and approval. 57. Prior to building permit issuance, school impact fees shall be paid by the developer. A:\CondTTh128603.Kpd(27) Page 9 of I I Planning Commission Resolution 98-_ Tentative Tract Map 28603 KSL Land Corporation FIRE DEPARTMENT 58. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection paced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,500 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 59. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 60. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 61. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. MISCELLANEOUS 62. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 63. Applicable conditions of Specific Plan 90-017 shall be met prior to building permit issuance. 64. On -site signs (temporary or permanent) shall comply with Chapter 9.160 of the Zoning Ordinance. 65. Temporary on -site sales facilities are subject the requirements of Section 9.60.250 of the Zoning Ordinance (i.e., Minor Use Permit). 66. Prior to final map review, proposed cul-de-sac street names shall be submitted for review and approval to the Community Development Department. 67. Prior to building permit issuance, recreational amenity plans for interior common lots shall be submitted for review and approval by the Community Development Department. Recreational improvements shall be installed prior to receiving a final inspection on the 3dh house, unless a phasing plan is approved by the Community Development Director. A:`CondTTM28603.%�pd(27) Page 10 of 11 Planning Commission Resolution 98-_ Tentative Tract Map 28603 KSL Land Corporation 68. Prior to building permit issuance, single family houses for the tract shall be reviewed and approved by the Planning Commission pursuant to Sections 9.210.010 (Site Development Permits) and/or 9.60.300 (Compatibility Review) of the Zoning Ordinance unless the house plans have been previously approved for use. A:\CondTTT%128603.mpd(27) Page 11 of 11 ATTACHMENTS In C-L 4 r ! z It IL AA r_1 - f W < 00 ATTACHMENT 2 10 CD CM Lu Ix d z PH #D STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 13, 1998 CASE NO.: TENTATIVE TRACT MAP 28960 REQUEST: RECOMMENDATION FOR APPROVAL OF A SUBDIVISION OF 24.33 ACRES INTO 75 SINGLE FAMILY AND OTHER COMMON OR STREET LOTS WITHIN THE BOUNDARIES OF SPECIFIC PLAN 83- 002 LOCATION: 500 FEET NORTH OF FUTURE WEISKOPF, SOUTHEAST OF PGA BOULEVARD, AND WEST OF MADISON STREET ABUTTING THE EXISTING JACK NICKLAUS TOURNAMENT GOLF COURSE IN PGA WEST APPLICANT/ PROPERTY OWNER: KSL LAND CORPORATION ENGINEERS: M.D.S. CONSULTING ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT MAP 28960 IS PART OF SPECIFIC PLAN 83- 002 (PGA WEST), A MASTER PLANNED COMMUNITY OF 5,000 HOUSES (MAXIMUM), A 1,000 ROOM RESORT HOTEL AND RELATED RESORT COMMERCIAL FACILITIES ON 1,665 ACRES ORIENTED AROUND FOUR 18-HOLE GOLF COURSES. THIS MAP HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 65457(A) OF THE PLANNING AND ZONING LAW BECAUSE AN ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #83062922) WAS PREPARED AND CERTIFIED BY THE CITY COUNCIL FOR SP 83-002 ON MAY 15, 1984 (RESOLUTION 84-28). SUBSEQUENT AMENDMENTS TO THE SPECIFIC PLAN HAVE BEEN ALLOWED BY THE CITY COUNCIL. THEREFORE, NO CHANGED CIRCUMSTANCES, OR CONDITIONS, EXIST WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE 21166. GENERAL PLAN/ SPECIFIC PLAN DESIGNATIONS: LOW DENSITY RESIDENTIAL AND RESIDENTIAL PER SPECIFIC PLAN 83-002 (AMENDMENT #3) STPC28960-27 1 RES028960-27, CONDTTM28960-27 BACKGRQUND: PGA West Background The PGA West Resort and Club is made up of numerous tentative tract maps which have been approved since approval of Specific Plan 83-002 (Resolution 84-31) in 1984. Housing units range in size from 1,283 square feet to over 5,000 square feet, with many houses being attached, or detached one story'units. Started in 1986, PGA West is a country club community of approximately 1,700 residences (5,000 houses are allowed) and multiple championship golf courses. Site Information The site is vacant, except for an existing parking lot at the northwest corner of the site (Attachment 1). Surrounding residential properties are vacant and owned by the applicant and Brookfield Homes (i.e., Tentative Tract Map 28961). Proiect Request This map resubdivides portions of Tract 21643, and proposes 75 single family residential lots on 24+ acres (Attachment 2). Access to the site is available via future connections with PGA Boulevard and other future private streets within adjoining tracts (e.g., Tracts 28444 and 28961). The proposed lots front onto future private streets and back up to the existing Jack Nicklaus Tournament golf course. The proposed single family lots vary in size from 10,260 square feet to 16,266 square feet with an average of 10,897 square feet. Lots are typically 70-feet wide by 148-feet long. The project density is approximately three dwellings per acre. Lots "E" through "G" are designated common landscape/recreation lots. Other common lots are provided for streets (Lots "A" through "D") and golf cart access (Lot "H"). Lot "I" creates a legal lot for the southeast portion of the existing Resort Golf House and KSL office area parking lot. Public Notice This application was advertised in the DesertSun newspaper on October 1, 1998. All property owners within PGA West were mailed a copy of the public hearing notice. To date, no written correspondence has been received. Public Agency Review All written comments received from public agencies are on file with the Community Development Department. All applicable agency comments received have been included in the Conditions of Approval for this case. STATEMENT OF THE ISSUES: Based on the provisions of the General Plan and Specific Plan 83-002, and the Subdivision Ordinance, the following overview of the project is provided: STPC28960-27 2 RES028960-27, CONDTTM28960-27 Issue 1 - General Plan and Specific Plan Consistency The City's General Plan and PGA West Specific Plan designates the subdivision for low density development not to exceed four dwellings per acre. This tract map proposes single family lots that are greater than 10,259 square feet on private streets which is consistent with development standards for this area. The subdivision map is consistent in design with adjoining PGA West properties. Issue 2 - Tract Lot Design/Improvements Infrastructure improvements are required for development of this tract. Impacts associated with development of the project can be mitigated through adherence to the recommended conditions. Issue 3 - Health and Safety Infrastructure improvements necessary for development of the tract will be extended as needed. The health, safety and welfare of residents is ensured based on recommended conditions. CONCLUSION: Condition #66 proposes restricted access on Columbine for Lot "I" (i.e., existing parking lot) to discourage clubhouse traffic through the tract. The tentative tract map, as conditioned, is consistent with adjacent development in the immediate area, and in conformance with City General Plan, Specific Plan and Zoning Code requirements. Findings for a recommendation for approval, as noted in the attached Resolution, can be made. RECOMMENDATION: Adopt Planning Commission Resolution 98-_, recommending to the City Council approval of Tentative Tract Map 28960, subject to findings and conditions. Attachments: 1. Location Map 2. TTM 2896C (Reduced) 3. Large Exhibits (Planning Commission Only) Prepare by: Submitted by: Gregj, usdell, Associate Planner C ristine d��Norio , Planni, g Manager STPC28960-27 3 RES028960-27, CONDTTM28960-27 PLANNING COMMISSION RESOLUTION 98-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A 75 SINGLE FAMILY AND OTHER COMMON LOT SUBDIVISION ON 24.33 ACRES LOCATED 500-FEET NORTH OF FUTURE WEISKOPF, SOUTHEAST OF PGA BOULEVARD, AND WEST OF MADISON STREET CASE NO.: TENTATIVE TRACT MAP 28960 APPLICANT: KSL LAND CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of October, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 75 single family residential and other landscape, golf cart access, parking lot, and street lot subdivision on 24.33 acres, generally 500 feet north of future Weiskopf, southeast of PGA Boulevard, and west of Madison Street in PGA West, more particularly described as: A subdivision of Lots 3-6 and 39 of Tract No. 21643 as recorded in Book 203, Pages 36-50, inclusive, records of Riverside Country, California. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Tentative Tract Map 28960: Finding Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential (LDR). The Land Use Element of the General Plan allows residential land uses at two to four dwelling units per acre. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) because attached and detached residential units are permitted and the project density is three dwellings per acre. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. Findinq Number 2 - Consistency with Specific Plan (SP 83-002, Amendment #3) and City Zoning Ordinance: A. The proposed single family lots exceed the minimum Specific Plan size requirement of 6,500 square feet. Specific Plan 83-002 allows 5,000 houses oriented around golf courses and other resort commercial land uses. The proposed 75 residential lots will not impact, or exceed, the overall growth and development of PGA West. B. The proposed single family lots are consistent with the City's Zoning Code in that development standards and criteria are contained in the PGA West Specific Plan supplement and/or replace those in the City's Zoning Code. RESOPCTTM 28960-27 Planning Commission Resolution 98-_ Tentative Tract Map 28960 (KSL Land Corp.) One story, sungle family houses are planned to be constructed as required by SP 83-002. Conditions are recommended ensuring compliance with both the PGA West Specific Plan and Zoning Code. Findinq Number 3 - Compliance with the California Environmental Quality Act: A. Tentative Tract Map 28960 is within Specific Plan 83-002. The project is exempt from the California Environmental Quality Act per Public Resources Code Section 65457(a). An Environmental Impact Report (State Clearinghouse No. 83062922) was certified for SP 83-002 by the City Council on May 15, 1984. Subsequent amendments to SP 83-002 have been approved by the City Council. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. No additional mitigation monitoring is required because the site has been graded. Finding Number 4 - Site and Landscape Design: A. The proposed site design conforms with the design guidelines identified in SP 83-002 and provides a harmonious transition between other approved residences in PGA West. B. The proposed common landscaping and recreation facilities will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. C. The site is physically suitable for the proposed land division. Finding Number 5 - Site Improvements: A. Stormwater runoff will be diverted into existing stormwater protection facilities (i.e., existing golf course) to ensure adjacent properties are not impacted by projected seasonal storms. B. The proposed private street serves all proposed lots and connects to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. C. Infrastructure improvements such as gas, electric, sewer and water will be extended to service the site in underground facilities as planned under the Specific Plan. No adverse impacts have been identified based on betters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: RFSOPCTTM 28960-27 Planning Commission Resolution 98-_ Tentative Tract Map 28960 (KSL Land Corp.) 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby require compliance with those mitigation measures required for Specific Plans 83-002, as amended; 3. That it does hereby confirm the conclusion that the certified Environmental Impact Report for Specific Plan 83-002, as amended, has adequately assessed the environmental concerns of this tentative tract; and 4. That it does hereby recommend that the City Council approve Tentative Tract Map 28960 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 1 Sh day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: JERRY HiERMAN, Community Development Director City of La Quinta, California RESOPCTTM 28960-27 PLANNING COMMISSION RESOLUTION 98-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 28960 KSL LAND CORPORATION OCTOBER 13, 1998 CONDITIONS OF APPROVAL GENERAL 1. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative tract map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 28960 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). This map approval shall expire and become null and void within two years of approval unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 4. Prior to the issuance of a grading permit, or building permit, for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans A:\CondTTM28960KSL.wpd(27) Page 1 of 10 Planning Commission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation 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. PROPERTY RIGHTS 5. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility and drainage easements. 6. Prior to approval of a final map, parcel map or grading plan, the applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 7. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 8. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 9. Dedications required of this development include: A. Private Streets - Lots A, B, C, & D - 37-feet wide right-of-way, plus suitable right-of- way for knuckle turns and offset cuts -de -sac per Riverside County Standards. 10. The applicant shall dedicate 10-foot public utility easements contiguous with, and along, both sides of all private streets. 11. The applicant shall dedicate easements necessary for placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. The applicant shall process an application meeting the requirements of Chapter 13 of the La Quinta Municipal Code for the affected lot(s) within Tract 28444 as required to realign the access point onto Madison Street with the access point into Tentative Tract 28838 to the satisfaction of the City Engineer. AACondTTM28960KSL.wpd(27) Page 2 of 10 Planning Conunission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation 13. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MASS) AND PARCEL MAPS) 14. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 15. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed by City staff. "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, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. A:\CondTTM28960KSL.wpd(27) Page 3 of 10 Planning Commission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation IMPROVEMENT AGREEMENT 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 approval of a final map, or parcel map, or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 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 improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 21. 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 or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). Participatory improvements for this development include: A. Madison Street and Airport Boulevard - 50% of the cost to design and construct traffic control improvements (traffic signal or round -about, as approved by Council). A:\CondTTM28960KSI..wpd(27) Page 4 of 10 Planning Commission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation B. Madison Street and Avenue 58 - 25% of the cost to design and construct traffic control improvements (traffic signal or round -about, as approved by Council). C. Avenue 58 - (Primary Arterial) -100% of the cost to design and construct the north three -quarter's (%) of full right-of-way improvements along a length equal to the PGA West Specific Plan 83-002 frontage of existing Avenue 58, consisting of: half width street improvements (north of centerline) with a six foot (6') wide meandering sidewalk and perimeter landscaping; an eighteen foot (18') wide, raised, landscaped median; and a sixteen foot (16) wide eastbound lane adjacent to the south side of the median. D. Avenue 58 -100% of the cost to design and construct perimeter wall improvements along that portion adjacent to the PGA West Specific Plan 83-002 boundary. E. Interlachen Extension - 100% of the cost to design and construct full right-of-way improvements for a future connection to the Jefferson Street realignment. 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. GRADING 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. 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. 25. The applicant shall furnish a preliminary geotechnical ("soils") report with the grading plan. 26. The grading plan shall be prepared by a registered civil engineer and must be approved by the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 27. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The AACondTTM28960KSL."pd(27) Page 5 of 10 Planning Commission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 28. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plan for the PGA West. UTILITIES 29. Existing and proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 30. Where hardscape improvements are planned, underground utilities shall be installed prior to the hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 31. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program. 32. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses: A. PRIVATE STREETS AND CULS DE SAC 1) Madison Street Entry Access - Construct main entry drive and access point onto Madison Street, of width, alignment and configuration as required by the City Engineer, when authorized by the City. 2) Residential - 36 feet wide if double loaded (building lots on both sides), 32 feet if single loaded 3) Collector (z300 homes or 3,000 vehicles per day) - 40 feet wide 4) Cul de sac curb radius - 45' Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. AXondTTM28960KSL.wpd(27) Page 6 of 10 Planning Conunission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 34. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 35. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and access gates shall be stamped and signed by California -registered professional engineer(s). 36. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 37. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 38. The applicant shall design street pavement sections using Caltrans' design procedure (20- year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections are 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" 39. The applicant shall submit current mix designs (<two years old at the time of construction) for base, paving and curb/gutter materials. Submittals shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (<six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 40. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last A:\CondTTM28960KSL.wpd(27) Page 7 of 10 Planning Commission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation ten percent (10%) of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 41. The applicant shall provide landscaping in required setbacks and common lots. 42. Landscape and irrigation plans for landscaped lots and setbacks and medians shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 43. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 44. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 45. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 46. The applicant shall construct perimeter walls and required landscaping to enclose the perimeter adjacent to Madison Street prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer. 47. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. QUALITY ASSURANCE 48. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 49. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. A:\CondTTM28960KSL.wpd(27) Page 8 of 10 Planning Commission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation 50. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 51. 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 shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 52. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements until expressly released from said responsibility by the City. FEES AND DEPOSITS 53. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 54. 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. 55. Plan checking fees shall be paid to the Riverside County Fire Department when plans are submitted for review and approval. 56. Prior to building permit issuance, school impact fees shall be paid by the developer. FIRE DEPARTMENT 57. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection paced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,500 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 58. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. A:\CondTTM28960KSL.wpd(27) Page 9 of 10 Planning Commission Resolution 98-_ Tentative Tract Map 28960 KSL Land Corporation 59. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 60. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. MISCELLANEOUS 61. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 62. Applicable conditions of Specific Plan 83-002 shall be met prior to building permit issuance. 63. On -site signs (temporary or permanent) shall comply with Chapter 9.160 of the Zoning Ordinance. 64. Temporary on -site sales facilities are subject the requirements of Section 9.60.250 of the Zoning Ordinance (i.e., Minor Use Permit). 65. Prior to building permit issuance, recreational amenity plans for interior common lots shall be submitted for review and approval by the Community Development Department. Recreation improvements shall be completed prior to a final inspection for the 30 h house, unless a phasing plan is approved by the Community Development Director. 66. Prior to building permit issuance, single family houses for the tract shall be reviewed by the Planning Commission pursuant Sections 9.210.010 (Site Development Permits) and/or 9.60.300 (Compatibility Review) of the Zoning Ordinance unless the house plans have been previously approved for use in PGA West. 67. Lot "I" shall take vehicular access through parking lot to the west. A:\CondTTb128960KSL.wpd(27) Page 10 of 10 ATTACHMENTS /�Nn" ��\�/ MOR : 0 ATTACHMENT 2 CW � E a � 4,�IEEICffftg a ® � is PH #E STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 13, 1998 CASE NO.: TENTATIVE TRACT 28912 REQUEST: APPROVAL OF THE SUBDIVISION OF 29.11 ACRES INTO 81 SINGLE FAMILY RESIDENTIAL LOTS AND OTHER MISCELLANEOUS LOTS. APPLICANT: T.D. DESERT DEVELOPMENT LOCATION: NORTH SIDE OF 50TH AVENUE, EAST OF PARK AVENUE (EXTENDED), WITHIN RANCHO LA QUINTA COUNTRY CLUB ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT 28912 IS WITHIN SPECIFIC PLAN 84-004. THIS PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED, PER PUBLIC RESOURCES CODE SECTION 65457 (A). AN ENVIRONMENTAL IMPACT REPORT (EA 84-026 FOR SP 84-004) WAS CERTIFIED ON MAY 6, 1985, BY THE CITY COUNCIL. SUBSEQUENT AMENDMENTS TO THE SPECIFIC PLAN HAVE BEEN ALLOWED BY THE CITY COUNCIL. THEREFORE, NO CHANGED CIRCUMSTANCES OR CONDITIONS EXIST WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE 21166. FURTHERMORE, ENVIRONMENTAL ASSESSMENT 98-357 WAS PREPARED FOR AMENDMENT #2 TO SP 84-004, FOR WHICH A MITIGATED NEGATIVE DECLARATION WAS CERTIFIED ON MAY 19, 1998, BY THE CITY COUNCIL. GENERAL PLAN/ ZONING/SPECIFIC PLAN DESIGNATIONS: LOW DENSITY RESIDENTIAL (LDR) / LOW DENSITY RESIDENTIAL (RL) / RESIDENTIAL SPECIFIC PLAN RL-(RSP) cApc rpt tt 28912 SURROUNDING LAND USES: NORTH: LA QUINTA EVACUATION CHANNEL, EXISTING GOLF COURSE AND VACANT LAND SOUTH: RESIDENTIAL DWELLINGS ACROSS 50T" AVENUE EAST: VACANT LAND IN RANCHO LA QUINTA WEST: LA QUINTA BOYS AND GIRLS CLUB BACKGROUND: Site Background In 1984, the City Council approved Specific Plan 84-004, of which this tract is a part. An amendment to the specific plan was approved by the City Council on May 19, 1998, providing for a maximum of 1,414 dwelling units. To date, approximately 360 dwelling units have been constructed. The proposed subdivision is the first tract to be developed southeast of the evacuation channel and adjacent to 50t' Avenue. The site is between the existing golf course and partially surrounded by citrus trees. The tract is located in Planning Area III of the Specific Plan (Attachment 1). The site was rough graded when the golf course was installed. The streets adjacent to the tract have not been constructed. A perimeter chain link fence exists along the west and south sides of the site. Proiect Request This Tentative Tract Map proposes to create 81 residential lots, two recreation lots, and one pool lot (Attachment 2). Several other miscellaneous lots are proposed for streets and other common areas. Approximately half of the lots are 50 + feet wide, with the remaining averaging 70 feet wide. Lot depths vary from 153 to 200 feet. The smallest lot is approximately 8,500 square feet. Tract access will be from Mission Drive West, which runs north -south on the west side of the tract and connects to La Quinta Drive, the main access road to Washington Street. Future access will also be provided from the east as the project develops in the future. No access to 50t' Avenue will be provided adjacent to this tract. Private street widths are 33 feet, which allows parking on one side of the street only. All of the lots will back up to the existing golf course. The applicant has stated that the Montanas and Encantos units, which vary from 2,600 to 4,200 square feet in size, will be constructed on these lots. Public Notice This map application was advertised in the Desert Sun newspaper on October 2, 1998. All property owners within 500 feet of the site were mailed a copy of the public Opc rpt tt 28912 hearing notice as required by the Subdivision Ordinance of the La Quinta Municipal Code. As of this writing, no written comments have been received. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. STATEMENT OF THE ISSUES: Based on the provisions of the General Plan, Specific Plan, Zoning Code, and the Subdivision Ordinance, the following overview of the project is provided: Issue 1 - General Plan and Specific Plan Consistency The City's General Plan and the Specific Plan designate the site as Low Density Residential (2-4 dwellings per acre) which allows single family housing (e.g., attached or detached housing units). This map proposes lots greater than 6,500 and 7,200 square feet minimum required by the Specific Plan and RL Zoning District, respectively. As designed, the proposed single family development of Tentative Tract Map 28867 is consistent with the City's General Plan and Zoning Code. Issue 2 - Tract Design/Improvements Private interior street and residential lots have been designed around the existing golf course fairways. Design standards of the City's General Plan, Specific Plan, and Subdivision Ordinance have been included into the project's design. Street and other improvements are not installed, but can readily be extended into the tract. Impacts associated with development of the project can be mitigated through adherence to the recommended conditions. Issue 3 - Health and Safety All necessary infrastructure improvements for this project can be installed in the Tentative Tract area. This includes water, sewer, streets, and other necessary improvements. The health, safety and welfare of residents is ensured based on recommended conditions, and by previous assessment of these issues in Environmental Assessments 84-026 and 98-357, prepared for Specific Plan 84-004. Issue 4- Environmental Impacts Environmental impacts have been assessed with Environmental Assessments 84-026 and 98-357, prepared for the approval of Specific Plan 84-004 and approval of Amendment #1 to the Specific Plan. Applicable mitigation measures will be required to be complied with. c:\pc rpt tt 2B912 CONCLUSION: The Tentative Tract complies with applicable City requirements and therefore, can be recommended for approval. RECOMMENDATION: Adopt Planning Commission Resolution 98-_, recommending to the City Council approval of Tentative Tract Map 28912, subject to findings and conditions. Attachments: 1. Location Map 2. TT 28912 - Large Exhibits (Planning Commission Only) Prepared by: Stan B. Sawa, Principal Planner Submitted by: Christine di lorio, Planning Manager cApc rpt tt 28912 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP 28912 TO ALLOW A 81-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON APPROXIMATELY 29.1 + ACRES CASE NO.: TT 28912 APPLICANT: T.D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of October, 1998, hold a duly noticed Public Hearing to consider the request of T.D. Desert Development for approval of a Tentative Tract Map to create 81 single family lots on 29.1 + acres in the RL zone located on the north side of 50th Avenue, east of Park Avenue (extended), within Rancho La Quinta Country Club, more particularly described as: Portions of Parcels 6,7, and 10 of Parcel Map 20469 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that this Tentative Tract Map request has been previously assessed in conjunction with Specific Plan 84-004, for which an Environmental Impact Report was certified on May 6, 1985, and Amendment #2 to Specific Plan 84-004, for which a Mitigated Negative Declaration was certified on May 19, 1998; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said Tentative Tract Map 28912: 1. The proposed map and its design is consistent with the General Plan and applicable Specific Plan in that the parcels are intended and designated for Low Density Residential use. The Specific Plan permits approximately 1,414 total units, of which approximately 360 have been built. The development of the lots will comply with applicable development standards such as setbacks, height restrictions, etc. 2. The design of the subdivision and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, or cause serious public health problems since the project is primarily surrounded by development, or other urban improvements, and mitigation is CApc res tt 28912 Planning Commission Resolution 98- required by the previous Environmental Impact Report and Mitigated Negative Declaration. 3. The design of the proposed map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since none presently exist. WHEREAS, in the review of this Tentative Tract Map, the Planning Commission has considered, the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does recommend approval of Tentative Tract Map 28912 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13th day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California CApe res tt 28912 PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL- RECOMMENDED TENTATIVE TRACT MAP 28912 T.D. DESERT DEVELOPMENT OCTOBER 13, 1998 CONDITIONS OF APPROVAL GENERAL 1. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map No. 28912 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter dated August 19, 1998) • Imperial Irrigation District • California Water Quality Control Board (CWQCB) 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. c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm. Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. 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, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility and drainage easements. 7. Prior to approval of a final map, parcel map or grading plan, the applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 9. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 10. Dedications required of this development include: a. Avenue 50: 50-foot half of 100-foot right of way b. Private street lot "A": 33 feet c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 C. Private street lots "B" through F: 37 feet (may be reduced to 33 feet if parking is restricted on one side including signing and provisions for homeowner association enforcement of the restriction) d. Multi -use drive at north end of Lot "D": 29-foot right of way The applicant shall dedicate or grant the public right of way on the final map or within sixty days of written request by the City - whichever is earlier. 11. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 12. The applicant shall grant flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 13. The applicant shall create a 20-foot perimeter setback along Avenue 50 (20-foot average depth if a meandering wall design is installed). The setback shall apply to all frontage including, but not limited to, remainder parcels, well sites and power substation sites. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 14. The applicant shall vacate abutter's rights of access along all Avenue 50 frontage. 15. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 16. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAPS➢ 17. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 18. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping". All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. Grading and drainage plans within or directly affecting the La Quinta Evacuation Channel shall have signature blocks for CVWD. "Streets and Drainage" plans shall include sidewalks, gates and entryways. "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. 19. 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. 20. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fWy retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 21. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, 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. 23. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. 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 or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. GRADING 25. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 other wind and water erosion control measures approved by the Community Development and Public Works Departments. 26. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. The applicant shall furnish a preliminary geotechnical ("soils") report with the grading plan. 28. The grading plan shall be prepared by a registered civil engineer and must be approved by the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 29. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 30. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 31. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. 32. If the applicant proposes discharge of stormwater or nuisance water directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 the development's effluent which may required under the City's NPDES Permit or other city or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for these potential obligations. UTILITIES 33. Existing and proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 KV are exempt from this requirement. 34. Where hardscape improvements are planned, underground utilities shall be installed prior to the hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 35. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program. 36. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses: a. OFF -SITE STREETS i. Avenue 48 between Dune Palms and Adams Street - Prior to approval of any final map or issuance of any construction or building permits within this tentative map, the applicant shall reimburse the City for one half of the cost of improvements to this street. ii. Avenue 48 between Adams Street and Jefferson Street and Avenue 50 along the Rancho La Quinta frontage - Secure the cost of applicant's half of these streets, including signals, on a pro rata basis. Basis shall be 80% of the total number of residential units planned for the area lying east and south of the La Quinta Evacuation Channel and more than one quarter mile west of Jefferson Street. c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 Construction of the improvements (Avenue 50) and payment of the reimbursement obligation (Avenue 48) secured with this map shall occur as directed by the City but, unless warranted to serve traffic from the Rancho La Quinta development, shall not exceed the pro rata share of this tentative map without the concurrence of the applicant. b. PRIVATE STREETS AND CULS DE SAC Residential Single -Loaded - 33 feet between backs of curbs. ii. Residential Double -Loaded - 37 feet between backs of curbs (33 feet if parking is restricted to one side with appropriate signing and provisions established for homeowners' association enforcement of the restriction. iii. Cul de sac curb radius - 45' iv. Multi -use drive at north end of Lot D - 28-foot travel width V. Typical wedge curb section - revise 3/4" lip section from a radius to a vertical lip with 1 /8" batter 37. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians where required, street name signs, and sidewalks. Mid -block street lighting is not required. 38. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 39. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and access gates shall be stamped and signed by California -registered professional engineer(s). 40. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 41. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 42. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections are 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" 43. The applicant shall submit current mix designs (<two years old at the time of construction) for base, paving and curb/gutter materials. Submittals shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (<six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 44. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and sidewalk access t0 publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 45. The applicant shall provide landscaping in required setbacks and common lots. 46. Landscape and irrigation plans for common lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 47. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 49. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 50. The applicant shall construct the perimeter wall and landscaping adjacent to the tract prior to final inspection and occupancy of any homes within the tract. The design for the wall shall be approved by the Community Development Department prior to construction. PUBLIC SERVICES 51. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 52. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 53. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 54. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 55. 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 shall be clearly marked "Record Drawings", "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster - image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 56. The applicant shall make provisions for continuous maintenance of all required improvements until, in the case of public improvements, expressly released from said responsibility by the City. FEES AND DEPOSITS 57. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE DEPARTMENT 58. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved 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". 59. Fire hydrants in accordance with CVWD standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1500 gpm for a two hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 60. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. c:\pc cond of app tt 28719 PLANNING COMMISSION RESOLUTION NO. 98- CONDITIONS OF APPROVAL TENTATIVE TRACT 28912 OCTOBER 13, 1998 61. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 62. Prior to recordation of the final map, the applicant will provide alternate or secondary access as approved by the Public Works Department and Fire Department. 63. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. All gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 64. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. MISCELLANEOUS 65. Preliminary development plans for all common area lots, the recreation lot "H", and pool lot "I" shall be approved by the Community Development Department prior to approval of the final map by the City Council. Included shall be a schedule for installation of these improvements. c:\pc cond of app tt 28719 ATTACHMENT 1 [.� . -_• t --------------------------- sf. .. [. _------•------------ - 0; •Tr' `.` r�Y Iy�. f i _ «Ira J'f ,t'• . _ ! � Aix 6 o tt s L� ..� s" i A `� '•t ,�yy3t;tirR. co grrr E c� a u � :.fir•. 't', � '_- `w CV aid Zj qr i�y�,S.��.,,,EyI i is « � r. 1 ? �{ � ,�• _ _r .���- - 02 _ ` Jam,, t: .' ,,.-� %� �. , l.; � . • �y' i r, -;� PH #F STAFF REPORT PLANNING COMMISSION DATE: October 13, 1998 CASE NO: ENVIRONMENTAL ASSESSMENT 97-337, SPECIFIC PLAN 97-029 AMENDMENT #1, SITE DEVELOPMENT PERMIT 97-603 AMENDMENT #1, DEVELOPMENT AGREEMENT 97-002 AMENDMENT #1 LOCATION: THE SOUTH SIDE OF HIGHWAY 111 BETWEEN ADAMS STREET AND DUNE PALMS ROAD APPLICANT: STAMKO DEVELOPMENT COMPANY REQUEST: 1. RECOMMEND CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT; AND 2. RECOMMEND APPROVAL OF "THE CENTRE AT LA QUINTA" SPECIFIC PLAN AMENDMENT CREATING DEVELOPMENT GUIDELINES AND STANDARDS FOR A MULTI -PHASED MIXED REGIONAL COMMERCIAL COMPLEX WITH THREE PLANNING AREAS HAVING FOUR DEVELOPMENT SCENARIOS; AND 3. RECOMMEND APPROVAL OF A SITE DEVELOPMENT PERMIT AMENDMENT INCLUDING THE BUILDING ELEVATIONS, SITE, LANDSCAPING AND LIGHTING PLANS FOR THREE AUTO DEALERSHIPS; AND 4. RECOMMEND APPROVAL OF THE DEVELOPMENT AGREEMENT AMENDMENT. GENERAL PLAN LAND USE DESIGNATION: REGIONAL COMMERCIAL (CR), MIXED REGIONAL COMMERCIAL (M/RC) SURROUNDING ZONING/ LAND USES: NORTH: VACANT WITH A REGIONAL COMMERCIAL ZONING DESIGNATION ACROSS HIGHWAY 111 SOUTH: VACANT WITH A REGIONAL COMMERCIAL ZONING DESIGNATION EAST: SINGLE FAMILY HOUSE WITH SMALL DATE GROVE PACIIRISTI\ UTOPCAmend#1.WPD WITH A REGIONAL COMMERCIAL ZONING DESIGNATION WEST: VACANT AT THE SOUTHWEST CORNER OF ADAMS STREET AND HIGHWAY 111 WITH A ZONING DESIGNATION OF HIGH DENSITY RESIDENTIAL AND THE REMAINDER IS LAKE LA QUINTA RESIDENCES WITH A ZONING DESIGNATION OF LOW DENSITY RESIDENTIAL ENVIRONMENTAL DETERMINATION: ENVIRONMENTAL ASSESSMENT 97-337 WAS COMPLETED FOR THE ORIGINAL SPECIFIC PLAN. AN ENVIRONMENTAL IMPACT REPORT, STATE CLEARINGHOUSE NO. 97011055 WS CERTIFIED BY THE CITY COUNCIL IN 1996. A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE SPECIFIC PLAN AMENDMENT HAS BEEN PREPARED PURSUANT TO "THE RULES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970" (AS AMENDED; RESOLUTION 83-68 ADOPTED BY THE LA QUINTA CITY COUNCIL). STAFF RECOMMENDS CERTIFICATION OF THE SUPPLEMENTAL EIR IN THAT IT PROVIDES SUPPLEMENTAL INFORMATION TO THE EIR PREVIOUSLY CERTIFIED FOR THE PROJECT. ALL POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED CAN BE REASONABLY MITIGATED. ALSO, THE DOCUMENT RECOGNIZES THE IMPACTS THAT CAN NOT BE MITIGATED HOWEVER, THE BENEFITS OF THE PROJECT OUTWEIGH THE UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS. BACKGROUND On July 15, 1998, the City Council adopted a Specific Plan setting forth the detailed development principles, guidelines, and programs to facilitate the development of this 87 acre, three phase mixed commercial complex (Attachment 1). The approved Specific Plan allows for the development of up to 275,000 square feet of automobile sales/service uses on the western half of the site and approximately 400,000 square feet of retail/commercial uses on the eastern half of the site. Also approved was Tentative Parcel Map 28525 for a ten lot subdivision and a Conditional Use Permit allowing automobile sales. Lastly, the Site Development Permit for five auto dealerships including site plans, building elevations, lighting, landscaping and signs were approved. The Architecture and Landscaping Review Committee, on September 14, 1998, met to review the building elevations and landscaping plans for the three auto dealerships P ACHRI STIVIUTOPCAmend# 1. W PD 2 (Attachment 2). The Committee recommended approval of the plans as submitted with minor changes such as increasing the number of trees along Highway 111 and specifying a surround on the roll -up door of the Nissan (Parcel 2) north building elevation. Proposed Amended Specific Plan The amended Specific Plan modifies the internal layout of the project and refines the development concepts and land uses. Specifically, three Planning Areas would be created over the entire site and the property would be developed under any of four scenarios. Each scenario involves a different mix of the allowed auto sales/service and retail/commercial uses. The approved floor area ratio (F.A.R.) for the auto sales was .15 and .25 for retail/commercial uses. The FAR will remain the same. However, under the proposed four development scenarios the entire project will not exceed .25 FAR. The General Plan specifies a maximum FAR of .35 for M/RC uses. All internal streets will be public with the exception of Auto Centre Way North which will be private. The Parcel Map and Conditional Use Permit will not be amended. Proposed development standards unique to automobile dealerships within the amended Specific Plan are as follows: 1. Storage areas for vehicles will not have striping, curbs, shading and access; 2. Off loading of vehicles will occur in the right of way cross section on the internal streets; 3. Seven special vehicle display pads are proposed along Highway 111 just beyond the landscape setback. Three are proposed on Pad 1 (Chrysler) and two each are proposed on Pads 2 (Nissan) and Pad 3 (Mazda). Regular new vehicle display areas are located between these special vehicle display pads; 4. Storm water on the northern half of the three proposed automobile dealerships will drain into the Highway 111 landscape setback. 5. The remaining storm water on the southern half of the parcels will drain into the perimeter internal street setbacks and Adams Street. Zoning Code Section 9.100.040B.7 allows only incidental storm water to be retained in the landscape setback, so as to have berms and mounds. 6. Berming and a meandering sidewalk are not proposed along Adams Street. A six foot wide sidewalk abutting the curb is proposed because the landscape setback will be used as a retention area. 7. Public address systems will be prohibited; 8. The layout of individual dealerships shall orient the service department openings of the perimeter sites away from residences to the south and west; 9. The proposed landscaping theme along Highway 111 will not include flowering trees and the plant palette will include additional plant materials not listed in the Highway 111 Design Guidelines. Monument Signs: PACIIRISTI AUTOPCAmend#I.WPD 3 Highway 111. Each of the dealership signs will not exceed five feet in height and the sign face width will be 10 feet for a total of 50 square feet. The monument base consists of natural boulders and/or artificial rock and the jagged shaped sign face will be concrete. Lighting details are not specified. Two overall Center identification signs are proposed, one at the southeast intersection of Adams Street and Highway 111, and the second at the southwest intersection of proposed La Quinta Drive and Highway 111. The height of these two signs will be 12 feet and the width of the sign face will be nine feet six inches for a total of 114 square feet. Adams Street and Auto Centre Drive. A combined auto/regional monument sign is proposed. The sign will not exceed eight feet in height and six feet in width for a total of 48 square feet. The sign is composed of a natural boulders/or artificial rock base and jagged shaped concrete face. Interior Streets. Each of the dealers will have a 40 square foot monument sign. The height and width is not specified. The type of illumination is also not specified. Building Mounted Signs: Automobile dealerships. One individually mounted channel letter sign is proposed for the facade of each dealership. Architectural forms or designs may require signs to be split on more than one building face or element, subject to Planning Commission approval. Each additional franchises will be allowed a channel letter sign. The letter height is 24 inches and the length is not specified. Monument signs for the Mixed Regional Commercial Center: Two Center signs are proposed, one east of the main entry on Highway 111 and a second sign near the east access point. Major tenants (over 50,000 square may be identified on the sign). The sign size is not specified. Lighting Plan: The typical light pole standard will not exceed 24 feet in height. A shoebox fixture is proposed, up to four are proposed on each pole standard. The fixture will be mounted perfectly horizontal with no tilt to the mounting. The lens will be flush mounted. The front line display area light poles will be spaced approximately 50 feet on center along Highway 111 and 40 feet on center along the internal streets. The secondary parking areas will have poles spaced approximately 50 feet on center and the storage area 80 - 100 feet on center. A thousand watt metal halide light source is proposed. Lighting intensity will depend on whether it is within the storage area or the display area. The special display pads are proposed to be lit by recessed lighting in bollards that swivel horizontally not PACHRISTI\AUTOPCAmend# I. WPD 4 vertically. The proposed bollards will be placed 30 feet on center with two 400 watt metal halide fixtures. All lighting intensity will be lowered to a security level after 10:00 p.m.. Site Development Plan Planning Area 1 consists of three auto dealerships. Parcel 1 (Chrysler) will be located at the southeast corner of Highway 111 and Adams Street. Parcel 2 (Nissan) and Parcel 3 (Mazda) continue east along Highway 111 and end at the southeast corner of La Quinta Drive and Highway 111. Each building facade faces interior streets, either Auto Centre Drive or La Quinta Drive. All dealerships have parking designated for customers, employees, service, special and regular vehicle display and vehicle storage. A six foot high decorative block wall is proposed around each Parcel's storage area. Parcels 2 and Ts wall wraps around a portion of each building's north elevation, facing Highway 111. Parcel 1's proposed storage wall will extend from the building's northwest corner and wrap around to Adams Street behind the 20 foot wide landscape setback. This wall is not proposed to have any off sets and will follow in a straight line along the back of the Adams Street landscape setback. Building Elevations- The three proposed auto dealerships buildings, Parcels 1, 2 and 3, will be setback approximately 165', 235' and 190' from Highway 111, respectively. All proposed buildings consist of a flat roof with stucco parapets, with the exception of the show rooms that are proposed to have hipped roofs covered with concrete tile. Large overhangs supported by stucco columns are proposed to surround each of the three facades to highlight the show rooms. All building walls will be painted split face concrete block. Windows, man and roll -up doors will have stucco surrounds. The proposed windows will have dark bronze anodized aluminum frames with clear glass. Each of the auto dealerships parcels has a similar design scheme and plant palette. The tree species proposed are Palms and Australian Willows. The Willows are proposed as parking lot trees and will help to screen the roll -up doors. Landscape Plans- Highway 111 - The twenty-six proposed Hybrid Mesquite trees are not consistent with the plant palette within the Highway 111 Architecture and Landscape Design Guidelines. Consistent with the Guidelines are the proposed Sweet Acacia and five Blue Palo Verde. Numerous plant materials in addition to those listed in the Guidelines are proposed. The design concept is a combination of turf, separated by a concrete border, with desert plants and trees. Retention areas are proposed within the 50 foot landscape setback along Highway 111. These retention areas accept not only water falling within the setback but also run off from the northern portion of each of the three dealerships. The street run off will be retained in Planning Area 3, east of La Quinta Drive. The Highway 111 Design Guidelines and Zoning Code Section 9.100.040C does not allow retention of storm water from the auto dealerships. P ACHRI STMUTOPCAmend# I . WPD 5 Development Agreement The Development Agreement process is provided by the La Quinta Municipal Zoning Code and State statues. A Development Agreement is a binding agreement between both parties for the purpose of establishing certainty that the development will progress in a timely manner. Both parties desire to enter this Development Agreement to construct and dedicate certain public facilities, and infrastructure improvements, all in the promotion of the health, safety, and general welfare of the City. The developer/owner wishes to develop the project and public improvements in exchange from assurances from the City that the developer will be permitted to implement the development in accordance with the terms and conditions as set forth in the Agreement. The City and developer wish to enter into the Agreement to assure that the public improvements (cost reimbursed to the developer by the City) will be constructed and enhanced to achieve the design theme along Highway 111 and Adams Street. The Development Agreement complies with the State statues and zoning regulation for the formation of a Development Agreement. The Development Agreement further provides for development requirements that are in excess of City standards, such as the development density, intensity and potential adverse environmental impacts are significantly more restrictive than those currently permitted under the applicable General Plan and Zoning Code provision. The Development Agreement requires annual reviews which also is in compliance with State and local requirements. The City Attorney has in conjunction with Stamko Development Company, prepared the Development Agreement. ISSUES: Environmental Impact Report A significant change in the amended Specific Plan and Site Development applications is the removal of the continuous six foot high wall that was to be constructed at the rear of the Highway 111 fifty feet wide landscape setback. This wall was identified in the Aesthetic section of the Certified Environmental Impact Report as necessary "to provide effective screening of the auto mall area loading, storage, parking and lower building exteriors, as viewed from Highway 111 and Adams Street." The design concept of the originally approved auto mall consisted only of internal street display of cars. This has now changed in that all vehicle parking, special and regular display, is proposed along the Highway 111 frontage. Staff has determined that the special display pads, as shown on the site plan, are acceptable due to their limited number and length. Therefore, only the regular display parking must be screened. PACHRISTMUTOPCAmend# I.WPD 6 The applicant now proposes substituting the wall with berming and landscaping. This request for substitution is acceptable, however, the berms and landscaping must accomplish the same mitigation as the wall for screening of the loading, storage, display area and lower building exteriors. The depressed areas in the landscape setbacks are purposely sited in front of the special display areas for greatest visibility from traffic on Highway 111. Staff has reviewed the contour map of the landscape setback along Highway 111 and finds that the proposed berming will not adequately screen the regular display areas as well as views into the site (Specific Plan Exhibits 13-1 - 13-6). A reason for the inability to adequately screen views into the site with berming, namely of the regular display parking areas, is due to the landscape setback also serving as the retention area for the northern half of the three dealer pads. The originally approved storm water retention plan also drained the northern half of the dealer pads into the Highway 111 landscape setback. However, the due to the applicant current request to remove the wall, combined with the City's recent adoption of the Zoning Ordinance which only allows limited storm water retention (water falling specifically in the setback and street run off), a revision of the storm water drainage plan for the three parcels is required. Therefore, the SEIR mitigation measures address the need to adequately screen the view into the site, namely the regular vehicle display with the recommendation that "All auto dealership regular vehicle display areas and service area entrances shall be fully screened from view from Highway 111 and Adams Street by landscaping, walls, and/or berms in accordance with Section 9.150.L.1 of the La Quinta Municipal Code and the Highway 111 Design Theme" (SEIR AES3, p. 5.11-12) and, "The on -site setback areas along Highway 111 shall be redesigned so that their storm water retention areas do not accommodate on -site drainage from the northerly portions of Pads 1, 2, and 3 under Development Scenarios 1 through 3. Other on -site retention areas shall be either expanded or new ones identified to accommodate on -site storm water flows." (SEIR HW4., p. 5.3-7). S12ecific Plan Retention of storm water runoff is proposed not only in the Highway 111 landscape setback, as discussed previously, but also in all the other perimeter street landscape setbacks. Of concern to staff is the lack of any berming in the Adams Street landscape setback, because it is being used for storm water retention. Staff is recommending the inclusion of berming within the landscape setback to soften the appearance of the perimeter wall. Clarification is needed regarding the parking lot lighting because the Photometric study specifies the location of the light poles differently than the narrative of the Specific Plan, Section 2.50.3.7 The Specific Plan does not include, under Section 2.80.1.1 Signage - Auto Mall, that wall signs will not be allowed on the north elevation of the auto dealerships facing Highway 111. Also, in this section under Item 3 secondary signs are allowed to be visible to Highway 111. Deleting these signs will help reduce the sign clutter given there is the potential for nine PACHRISTRAUTOPCAmend# 1.WPD 7 monument signs for the auto dealerships as well as the two entry monument signs. Additionally, staff recommended minor word changes and has included them in the Conditions of Approval. Site Development Permit The proposed building elevations for the three auto dealerships have compatible architectural styles, materials and colors, but do not provide any unique individual design features such tile borders and insets, varied decorative block, etc.. The Architecture and Landscape review Committee recommended the building elevations as the applicant submitted, however staff recommends consideration of the following minimal design changes so as to provide additional visual interest to the proposed buildings: Building Elevations - 1. La Quinta Chrysler Center A. Add a wainscot consisting of a different type of concrete block. B. Add a trellis to cover the vehicle display area at the northwest corner of property 2. Torre Nissan A. Insert the window on the north elevation as shown on the floor plans. B. Specify a tile band (width, color and material to be determined) around the roof parapet. The the band is not recommended around the service area, but recommended along the western portion of the north elevation continuing around the facade and terminating at the end of the overhang on the south elevation. C. Provide a stucco cantilever overhang on the north elevation, specifically located on the wall plane with the receiving roll up and two man doors. 3. Mazda Superstore A. Provide a tile inset along the stucco parapet roof. Lastly, in order to maintain the established landscape theme as outlined in the Design Guidelines, staff is recommending the following: 1. Eliminate the plants not listed in the Highway 111 Design Guidelines plant PACHRISTRAUTOPCAmend# I . WPD 8 pallette: 2. Replace the Hybrid Mesquite trees with the flowering trees listed in the Highway 111 Design Guidelines plant pallette. Double the number of trees proposed along Highway 111 for a total of 64 trees between Adams Street and La Quinta Drive. Public Noticing This case was advertised in the Desert Sun on September 21, 1998. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notice. As of this writing no correspondence has been received regarding this project. All appropriate outside agencies have been notified and their responses are included in the Conditions of Approval. RECOMMENDATION 1. By Planning Commission Resolution 98-— move to recommend Certification of the Supplemental Environmental Impact Report prepared for Specific Plan 97-029 # 1, Site Development Permit 97-603 # 1, and Development Agreement 97-002 # 1. 2. By Planning Commission Resolution 98-— move to recommend approval of Specific Plan 97-029 Amendment # 1, subject to the Findings and Conditions of Approval. 3. By Planning Commission Resolution 98-— move to recommend approval of Site Development Permit 97-603 Amendment # 1, subject to the Findings and Conditions of Approval. 4. By Planning Commission Resolution 98-— move to recommend approval of Development Agreement 97-002 Amendment # 1. Attachments: 1. Vicinity Map 2. Architectural and Landscape Review Committee Prepared and Submitted by, CHRISTINE DI IORIO, Planning Manager PACHRISTRAUTOPCAmend# I . W PD 9 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 97-029 AMENDMENT NO. 1 AND AMENDMENT TO DEVELOPMENT AGREEMENT 97-002, AS BEING ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS. TO CERTAIN UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED BUT WHICH CAN BE REASONABLY MITIGATED IF THE PROPOSED PROJECT IS IMPLEMENTED. THE CENTRE AT LA QUINTA SPECIFIC PLAN 97-029- AMENDMENT #1, SITE DEVELOPMENT PERMIT 97-603- AMENDMENT #1, DEVELOPMENT AGREEMENT 97-002- AMENDMENT #1, AND SUPPLEMENT TO ENVIRONMENTAL ASSESSMENT 97-337 WHEREAS, the City Council of the City of La Quinta, California, did, on the 15th day of July, 1997, hold a duly noticed public hearing to consider the request of Stamko Development Co. and the recommendation of the City Planning Commission for certification of the Environmental Impact Report (hereinafter "Original EIR") for approval of a Specific Plan, Development Agreement, Conditional Use Permit, Site Development Permit (hereinafter the "Prior Entitlement Approvals") to allow construction of an 87 acre multi -phased mixed commercial property consisting of an auto sale/service mall and a retail complex and subdivision of the site into ten parcels to allow auto service/sales (hereinafter the "Original Project"). The original project site is more particularly described as: SOUTH SIDE OF STATE HIGHWAY 111 BETWEEN ADAMS STREET AND DUNE PALMS ROAD (A PORTION OF THE SOUTHWEST AND NORTHWEST '/4 OF SECTION 29,T5S,R7E). WHEREAS, on the 15th day of July, 1997, the City Council of the City of La Quinta, California, approved and adopted Resolution 97-62, certifying the adequacy and completeness of the Original EIR, and adopting findings and a Statement of Overriding Considerations, in connection with its approval of the Original Project; and P:\CHRISTI\PCResoEA97-337.wpd Planning Commission Resolution 98- WHEREAS, Stamko Development Co. is now requesting amendments to the approved Specific Plan 97-029, Site Development Permit 97-603, and Development Agreement 97-002 (the "New Entitlement Approvals"), to reflect modification to the internal layout of the project and the refinement of the development concept (the "Amended Project"). The Amended Project constitutes a change in the Original Project previously analyzed in the Original EIR, rather than a separate project under the California Environmental Quality Act ("CEQA"); and WHEREAS, a supplemental environmental impact report (the "Supplemental EIR") has been prepared and circulated pursuant to the requirements of CEQA (Public Resources Code, §§2100 et seq.), to update the Original EIR to analyze the potential environmental impacts of the Amended Project; and WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, that the City shall not approve a project unless there is no feasible way to lessen or avoid significant adverse environmental impacts, which means that all adverse environmental impacts have been avoided to the extent feasible or substantially lessened, and any remaining unavoidable significant adverse environmental impacts are acceptable based upon the City's findings and determinations of overriding considerations; and WHEREAS, it is the policy of the State of California, and the City of La Quinta, in accordance with the provisions of CEQA, that the City shall balance the benefits of a proposed project against its unavoidable adverse environmental impacts prior to project approval; which means that if the benefits of a proposed project outweigh the unavoidable adverse environmental impacts, the adverse environmental impacts may be considered legally acceptable by the City of La Quinta; and WHEREAS, the Planning Commission of the City of La Quinta has considered all documentation comprising the Original EIR and the Supplemental EIR, and has found that the EIR as updated and augmented by the Supplemental EIR considers all potential significant adverse environmental impacts which may be caused by the proposed Amended Project, and has found that the Supplemental EIR is complete and adequate, fully complies with all requirements of CEQA, and reflects the Planning Commission's independent judgment; and WHEREAS, the Planning Commission has reviewed and considered certain overriding considerations to any potentially significant adverse environmental impacts which cannot be reasonably mitigated to insignificance, and has reviewed and considered the CEQA Findings and Statement of Facts prepared in connection with its consideration of the Amended Project; and P:\CHRISTI\PCResoEA97-337.wpd Planning Commission Resolution 98-. WHEREAS, prior to recommending any action on the Amended Project, the Planning Commission has considered all potentially significant adverse environmental impacts, mitigation measures and proposed project alternatives identified in the Original EIR and the Supplemental EIR, and has found that all potentially significant adverse environmental impacts which may be caused by the Amended Project have been lessened or avoided to the extent feasible; and the Planning Commission has determined that the proposed alternatives to the Amended Project do not: (1) meet the City's and/or Stamko's objectives for the project site; and/or (2) are not feasible; and/or (3) are not environmentally superior; and WHEREAS, CEQA Guidelines, Section 15093(b) recognizes that the La Quinta City Council may proceed to approve the Amended Project, despite the fact that certain potentially significant adverse environmental impacts are identified in the Original EIR, as updated by the Supplemental EIR, which are not mitigated to a level of insignificance, where the City has stated in writing the reasons to support its action based upon the EIR, Supplemental EIR and other information in the public record; and WHEREAS, CEQA provides that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant adverse environmental impacts of the proposed project unless the public agency makes written factual findings for each of the potentially significant adverse environmental impacts identified in the EIR. WHEREAS, the Amended Project constitutes a proposed change in the Original Project which requires minor additions or changes to the Original EIR to make it adequately apply to the Amended Project, thus warranting preparation of a Supplemental EIR. WHEREAS, the Amended Project does not constitute a substantial change to the Original Project that would require major revisions to the Original EIR. WHEREAS, no substantial changes have occurred with respect to the circumstances under which the Amended Project will be undertaken which will require major modifications or revisions to the Original EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. WHEREAS, no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the Original EIR was certified as complete, has become available which shows any of the following: P: \CHRISTI\PCResoEA97-3 37. wpd Planning Commission Resolution 98 1. The Amended Project will have one or more significant effects not discussed in the Original EIR; 2. Significant effects previously examined will be substantially more severe than shown in the Original EIR; 3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or 4. Mitigation measures or alternatives which are considerably different from those analyzed in the Original EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. WHEREAS, the Planning Commission has determined that a Supplemental EIR is appropriate under Public Resources Code § 21166 and CEQA Guidelines § 15163, and will update the Original EIR to make it apply to the Amended Project; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of La Quinta, California, does hereby recommend certification of the Supplemental Environmental Impact Report for the Amended Project, as adequate and complete in compliance with the requirements of CEQA, and as sufficient to update the Original EIR to make it apply to the Amended Project. BE IT FURTHER RESOLVED that the Planning Commission of the City of La Quinta, California, recommends that: 1. The City Council make a finding, in addition to the findings made in the body of the EIR and Supplemental EIR, that the "Statement of Overriding Considerations" as shown on the attached Exhibit 'A" and incorporated herein by this reference as though fully set forth, is necessary; and 2. The City Council adopt the Statement of Overriding Considerations. BE IT FURTHER RESOLVED that the Planning Commission for the City of La Quinta, California, recommends that the City Council adopt the CEQA Findings and Statement of Facts as shown on attached Exhibit "B," and incorporated herein by this reference as though fully set forth. P: \CHRISTI\PCResoEA97-337 . wpd Planning Commission Resolution 98-. APPROVED AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13th day of October, 1998. AYES: NOES: ABSENT: ABSTAIN: ROBERT T. TYLER, Chairman City of La Quinta ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\CHRIST1\PCResoEA97-337.wpd Planning Commission Resolution 98-. EXHIBIT A STATEMENT OF OVERRIDING CONSIDERATIONS The Original Environmental Impact Report for the Centre at La Quinta's Specific Plan 97-029; Tentative Parcel Map 28525; Conditional Use Permit 97-034; Site Development Permit 97-603; and Development Agreement 97-002, as modified and updated by the Supplemental Environmental Impact Report for the Centre at La Quinta Specific Plan 97-029- Amendment #1; Site Development Permit 97-603- Amendment #1; and Development Agreement 97-002- Amendment #1, which collectively allow for construction of an 87 acre multi -phased mixed commercial project consisting of an auto sale/service mall and a retail complex (hereinafter "the Amended Project"), recognize that certain specified adverse environmental impacts may be caused by the approval and construction of the Amended Project, which may not be mitigated to a level of insignificance by the application of reasonable mitigation measures. Despite the recognition and finding in the Original Environmental Impact Report and the Supplemental Environmental Impact Report that such unavoidable adverse environmental impacts may be caused by the Amended Project, nevertheless, the City Council of the City of La Quinta expressly finds and declares, after a thorough review and consideration of such potentially adverse environmental impacts, that the benefits of the Amended Project outweigh the unavoidable adverse environmental impacts, and are, therefore, deemed to be acceptable by the City Council. The City Council of the City of La Quinta bases its determination on the following grounds: 1. Implementation of the Amended Project is consistent with the City's goals and objectives for development of the Project Site, as set forth in the City's General Plan Land Use Element; and 2. Implementation of the Amended Project will enhance the City's economic base from revenues derived from increased sales taxes, business licenses and other fees, taxes and exactions, which will flow from the development of the Amended Project; and 3. Implementation of the Amended Project will result in the elimination of certain negative aesthetic impacts associated with the currently vacant property, including but not limited to the development of landscaped set -backs along that part of Highway 111 that abuts the Project Site; and P:\CHR1STI\PCResoEA97-337.wpd Planning Commission Resolution 98- 4. The potential adverse environmental impacts identified with the construction and operation of the Amended Project are generally associated with normal growth, progress and prosperity in a developing community; and 5. The Amended Project will be instrumental in causing new area -wide public infrastructure improvements to be constructed, which will benefit both existing development and other future development, including but not limited to street improvements and public utility improvements; and 6. Construction and operation of the Amended Project will ultimately result in the creation of new jobs for construction and for the operation of new businesses associated with the Project; and 7. The Amended Project is significantly more restrictive in its development density, intensity and potential adverse environmental impacts, than the density, intensity and level of adverse environmental impacts of development which is currently permitted under the applicable General Plan and Zoning Code provisions. Consequently, the City Council finds that the Amended Project is a preferred and appropriate balance between environmental concerns and the need for economic development within the City of La Quinta. 8. These findings and determinations are based upon the Original Environmental Impact Report, the Supplemental Environmental Impact Report, and the files and records maintained by the City of La Quinta Community Development Department with respect to the Centre at La Quinta project (Specific Plan 97-029), including without limitation, the administrative record prepared in connection with the Original Environmental Impact Report. P:\CHR1ST1\PCResoEA97-337.wpd XHI 3IT B CEQA FINDINGS AND STATEMENT OF FACTS BACKGROUND AND PROCEDURE The California Environmental Quality Act (CEQA) and Section 15091 of the Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines) provide that: "No public agency shall approve or carry out a project for which an environmental impact report (EIR) has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. On July 15, 1997, the City Council of the City of La Quinta unanimously adopted Specific Plan 97-029 to permit and control development of an auto/sales services mall and a future mixed -use retail commercial center on the project site (the "Original Project"). The potential environmental impacts associated with the development of the Original Project were assessed in an EIR (State Clearinghouse no. 97011055) which was also unanimously certified by the City Council (the "Original EIR"). The specific actions approved by the City Council on July 15, 1997 are as follows: • Resolution 97-62: Certification of Environmental Impact Report • Resolution 97-63: Approval of Tentative Parcel Map 28525 • Resolution 97-64: Adoption of Specific Plan 97-029 • Resolution 97-65: Approval of Site Development Permit 97-603 • Resolution 97-66: Approval of Conditional Use Permit • Ordinance No. 306: Approval of Development Agreement The Original EIR assessed the project's potential impacts to the following environmental areas: Secondary Land Use Effects Geotechnical Considerations PACHRISTRSEIRFind.MD 1 • Hydrology and Water Quality • Biological Resources • Transportation and Circulation • Air Quality • Noise • Water Distribution and Storage • Solid Waste Disposal • Public Services (Fire Protection, Sheriff Protection, Emergency Medical Response) • Aesthetics • Cultural Resources The Original EIR also assessed the project's potential growth inducing impacts and evaluated five alternatives to the Original Project. As required by CEQA, findings were made for each of the significant environmental impacts of the Original Project. Measures were adopted as conditions of approval for the Specific Plan to mitigate certain of the significant impacts of the Original Project. A Statement of Overriding Considerations was adopted by the City Council to address certain unavoidable adverse impacts of the Original Project including air quality impacts and cumulative solid waste disposal impacts. Approval and implementation of Specific Plan 97-029 Amendment #1, Site Development Permit 97-603 - Amendment #1, and the Development Agreement 97-002 - Amendment #1 constitute a proposed change to the Original Project under CEQA and the CEQA Guidelines (the "Amended Project"). Section 15163 of the CEQA Guidelines allows public agencies to prepare a supplement to an EIR if changes to a project require the preparation of a Subsequent EIR pursuant to CEQA Guidelines section 15162, and only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. When preparing a supplement to an EIR, the following factors apply: 1. A supplement to an EIR need contain only the information necessary to make the previous EIR adequate for the project as revised; 2. A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR under Section 15087 of the CEQA Guidelines; 3. A supplement to an EIR may be recirculated by itself without recirculating the previous draft or final EIR; and 4. When the lead agency decides whether to approve the project, the decision -making body shall consider the previous EIR as revised by the supplemental EIR. A finding under Section 15091 of the CEQA Guidelines shall be made for each significant effect shown in the previous EIR as revised. PACHRISTRSEIRFind.WPD Preparation of an Supplemental EIR is specifically encouraged as a way of promoting efficiency in the environmental review process. Using these guidelines, the City has required that a Supplemental EIR (SEIR) be prepared for the Amended Project. This SEIR has identified certain significant effects which may occur as a result of the Amended Project, or on a cumulative basis in conjunction with the Amended Project and other past, present, and reasonably foreseeable future projects. Further, the Planning Commissions recommends approval of the Amended Project and, after determining that the SEIR is complete and has been prepared in accordance with CEQA and the CEQA Guidelines, recommends that the City Council adopt the findings set forth herein as follows: IMPACTS EVALUATED IN THE SUPPLEMENTAL EIR In accordance with Sections 15060(c) and 15081 of the CEQA Guidelines, the City completed a preliminary review of the Amended Project and the decision was made that further evaluation of the Amended Project's potential environmental impacts was needed in the form of an SEIR. The topics evaluated in the SEIR include all of the topics evaluated in the previously certified EIR as listed below: • Secondary Land Use Effects • Geotechnical Considerations • Hydrology and Water Quality • Biological Resources • Transportation and Circulation • Air Quality • Noise • Water Distribution and Storage • Solid Waste Disposal • Public Services (Fire Protection, Sheriff Protection, Emergency Medical Response) • Aesthetics • Cultural Resources The analysis in the SEIR resulted in the following findings concerning the project's impacts. Direct Project Impacts A. Impacts Determined to be Less Than Significant 1. Secondary Land Use Effects: Up to three existing auto dealers in the City of Indio may relocate to the project site. No significant secondary land use impacts are anticipated because retail demand analysis indicates that there is sufficient retail demand to support the redevelopment of the auto dealership sites in Indio for other retail commercial uses. The retail demand analysis shows that land use impacts on Indio would not be significant for any of the four development scenarios, including Development Scenario 4, which consists of developing the entire site with retail commercial uses. PACHRISTI\SEIRFind.WPD 3 2. Geotechnical Considerations: No ground rupture is anticipated during an earthquake; soils have low liquefaction potential; no expansive soils occur on -site; ground lurching is not expected. 3. Hydrology and Water Quality: No flooding impacts on- or off -site are anticipated because the proposed runoff management plan would contain storm flows (up to and including flows from a 100-year storm) within the project site. 4. Biological Resources: The constructed project would attract urban -adapted wildlife that would compete with native species in nearby open areas. This is an adverse, but not significant, impact. No flat -tailed horned lizards or their sign have been observed on the site and the habitat on -site is only considered marginally suitable to support this species. The loss of on -site habitat for the loggerhead shrike and Coachella Valley round -tailed ground squirrel will not substantially reduce the number or restrict the range of these animals. 5. Transportation and Circulation: Project traffic in the Year 2000 would not degrade levels of service below City standards at 13 of 15 study area intersections. Year 2005 project traffic volumes would not degrade levels of service below City standards at 11 of 15 study area intersections. 6. Air Quality: The project would be consistent with the Air Quality Management Plan (AQMP) forecasts for this area, consistent with the air quality -related regional plans, and should not jeopardize attainment of state and federal ambient air quality standards in the Coachella Valley. Intersection carbon Monoxide concentrations would be lower than State and Federal standards. No significant impacts from odors are anticipated. Toxic air pollutants are not expected to occur in any meaningful amounts in conjunction with operation of the project. 7. Noise: Construction activities would temporarily increase local noise levels, but, given the distance to nearby sensitive receptors and mandatory compliance with the City's standard restrictions regarding days and hours when construction activity is permitted, no significant construction noise levels are anticipated. Nevertheless, contractors will also be required to implement noise reduction measures to reduce the amount of noise that could affect the Lake La Quinta neighborhood, as follows: a. Between May 1 and September 30, all construction activity on the project site shall only occur between the hours of 6:00 A.M. and 7:00 P.M. Monday through Friday, and from 8:00 A.M. to 5:00 P.M. on Saturday, and shall be prohibited on Sundays and public holidays. Between October 1 and April 30, all construction activity on the project site shall only occur between the hours of 7:00 A.M. and 5:30 P.M. Monday through Friday, and from 8:00 A.M. to 5:00 P.M. on Saturday, and shall be prohibited on Sundays and public holidays. PACHRISTI\SEIRFind.WPD 4 b. Implement appropriate additional noise reduction measures to reduce the amount of noise that could affect the Lake La Quinta neighborhood, such as changing the location of stationary construction equipment, shutting off idling equipment, equipping heavy equipment with noise muffling devices, notifying nearby residents in advance of construction work, and installing temporary acoustic barriers around stationary construction noise sources such as portable generators. On -site activities at auto dealerships and most commercial uses will increase local noise levels, but such levels would not exceed the City's noise limits. The project includes features to reduce noise heard at the Lake La Quinta neighborhood such as enclosed auto repair facilities with side entrances oriented away from the neighborhood, 100-foot minimum setbacks from the Adams Street property line, and the prohibition of the general use of public address systems at the auto dealerships. Traffic noise would increase as a result of the project's added traffic on the roadway system, but the increase would not result in noise levels that exceed City noise limits. 8. Water Distribution and Storage: Project water demand would not exceed available water supplies. No significant extension of distribution facilities or creation of new water storage facilities would be needed to serve the project. No wasteful water practices have been identified for the proposed project. However, to ensure that future development at the project site does not include activities which consume excessive amounts of water or which involve wasteful water consumption practices, the following changes have been required in, or incorporated into, the project: a. To ensure that future land uses do not include activities which unnecessarily waste water or which consume exceptional amounts of water, the City will direct contractors to consult with the Coachella Valley Water District (CVWD) to develop appropriate water conservation measures for both landscaping/irrigation requirements and plumbing controls. Consistent with CVWD's existing and future water conservation plans, policies and standards, the City will require that the developer(s) implement the water conservation measures that are devised from the consultations with CVWD, and will require compliance with the City's water conservation programs and ordinance, to the extent applicable. 9. Solid Waste Disposal: The development flexibility provided by the Amended Project has the potential to reduce the amount of solid waste generated at the site and its associated impacts. Development Scenarios 2, 3, and 4 would reduce the amount of industrial chemicals and hazardous materials requiring disposal, with Development Scenario 4 all but eliminating these types of materials from being used at and disposed of from the site. These are considered beneficial impacts of the changes to the Original Project. The types of plants used in the site's landscaping features would continue to produce less waste than traditional ornamental landscaping. 10. Public Services: Project construction and operation would increase demand for fire protection, sheriff protection and emergency medical services, to a minor, PACHRISTRSEIRFind.WPD 5 but less than significant level, and would not require expansions to these services in order to address project impacts. The following changes or alterations have been required in, or incorporated into, the project to minimize potential impacts: a. All on -site water distribution facilities shall be constructed in accordance with Coachella Valley Water District and Riverside County Fire Department standards. b. Fire hydrants shall be provided at the site to the satisfaction of the Riverside County Fire Department. C. Adequate access and turning radii for fire trucks and other fire fighting apparatus shall be incorporated into project design plans to the satisfaction of the Riverside County Fire Department. d. All on -site structures shall be built to conform with criteria contained within the Uniform Fire Code and in accordance with Riverside County Fire Department and City of La Quinta standards. e. During the construction and operations phases, activities involving the use and storage of highly flammable substances (i.e., fuels and solvents) shall be conducted in accordance with Riverside County Fire Department standards. f. Areas such as streets, security walls and parking area shall be well lit to dissuade would-be criminals from targeting these area for illegal activities. g. All doors shall have an industrial quality key and latch system. All exterior doors shall have deadbolt locks. h. All delivery doors shall be equipped with a peephole for delivery identification purposes. i. To avoid creating convenient hiding places for would-be criminals, shrubbery found in the site interior shall be trimmed to a height of three feet or less. In addition, product displays and vegetation shall be kept clear of exterior windows to avoid blocking the visibility into store interiors by passing patrol cars. Design parking and unloading areas to avoid creating traffic problems. k. To reduce the response times of emergency vehicles, addresses shall be at least eight inches tall and contrast with the background. I. Install closed circuit, remote video surveillance systems to monitor the security of auto dealership sites. PACHRISTRSEIRFind.MD 6 M. Any future proposal to develop a personal goods or vehicle storage business shall include a closed circuit, remote video surveillance system to monitor site security. n. Any future proposal to develop a business that would be open for 24 hours shall include the following security measures: (1). Installation of a closed circuit video monitoring system. Security cameras shall be located above cash register areas, entrances and exits and walk-in coolers. Signs shall be posted to advise patrons that the premises are being monitored by 24-hour surveillance cameras. (2). Staff the operation with more than one employee during nighttime hours. (3). Employees shall conduct frequent money drops into the building's safe. 11. Aesthetics: The proposed development intensity and the proposed setbacks along Highway 111 and Adams Street are consistent with City policies and development standards. Limited building heights and increased building spacing in the northeastern quadrant of the project site would preserve views of the most prominent upper elevation features of the Santa Rosa Mountains. The following change or alteration has been incorporated into the project to minimize potential impacts: a. Building heights in the northeastern quadrant of the project site, i.e., the northern half of the mixed -use, regional commercial center, shall be limited to 25 feet. Spacing between buildings shall be a minimum of 65 feet. Buildings located closest to Highway 111 shall have "staggered" setbacks. Each staggered building shall be set back a minimum of 50 feet from the adjacent building. The display area lighting along Highway 111 and Adams Street represents a substantial increase in lighting along the site's frontages with these roadways. The impact is not considered significant for the following reasons. All of the increased lighting would be directed downward, with the exception of the display pad bollards. All lighting is required to be directed onto the site only, and to comply with the City's "Dark Sky" ordinance and the Highway 111 Design Theme. The lighting features would be separated from traffic on Highway 111 and Adams Street by 50- and 20-foot bermed and landscaped setback areas. The lighting would also be similar to the lighting on the mixed retail portions of the site and similar commercial centers in the immediate vicinity of the site. The City will also require future lighting plans to be submitted in conjunction with building plans for each pad development that demonstrate that the lighting features do not illuminate off -site areas and that the plans comply with the City's "Dark Sky" ordinance. 12. Cultural Resources: No significant cultural resources have been found PACHRISTRSEIRFind.MD 7 on -site and the potential to damage undiscovered resources during grading and site development is considered low. Nevertheless, as an added precaution, the project will be required to implement the following mitigation measure: a. A qualified, professional archaeologist will conduct intensive archaeological monitoring of the entire first grading phase. Based on the results of this monitoring program, recommendations for the extent of subsequent grading/site preparation phases can be reassessed. It is recommended that some level of monitoring be conducted throughout the project area, as cultural resources in this area of the desert often include delicate and relatively small finds (e.g., small campsites, cremations, or other ceremonial sites). It is recommended that the archaeological monitor have the authority to halt any activities causing adverse impacts to potentially significant buried resources. Once identified, the archaeological consultant will evaluate the find(s) in accordance with criteria presented in Appendix K of the CEQA Guidelines. It is also recommended that the archaeological monitoring program involve Native American input, either as observers or consultants. The presence of a Native American monitor would be at the discretion of the local Native American representative(s) and coordinated with the monitoring schedule. B. Impacts That Could be Significant, But are Mitigable to Less Than Significant Levels 1. Geotechnical Considerations: The project site is located within a seismically active area and could be subject to substantial groundshaking during an earthquake along the San Andreas Fault or other regional faults. Substantial groundshaking could damage structures and thereby expose persons to dangers associated with collapsing structures, falling materials, etc. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. Structural design will take into account the anticipated ground shaking characteristics in the design of the proposed buildings for earthquake loading. Project plans and specifications shall satisfy the seismic design parameters set forth in the latest addition of the Uniform Building Code, as administered by the City of La Quinta. These criteria are considered minimum guidelines for project structural design. A trace of an inferred fault, considered inactive, occurs near the western edge of the project site, and may contain soils or geological characteristics which could represent unstable conditions that require special design or construction techniques. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: b. The inferred fault trace in the western edge of the project site is not considered active and is not recognized as a major geologic hazard. Pursuant to La Quinta General Plan Policy 8-1.1.1, however, once the location, size and loading conditions for the proposed buildings have been determined, further investigation of this part of the site shall be conducted prior to any grading in that area, to more closely analyze PACHRISTRSEIRFind.WPD 8 this feature to determine whether it contains any significant geological constraints that would require special design or construction measures. If such constraints are found, incorporate appropriate design and construction control measures into grading, foundation and/or structural plans, as recommended by the geotechnical engineer. On -site soils have significant settlement potential, which, if not properly engineered, could result in cracked building foundations and other pavement areas. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: C. Once the location, size and loading conditions for the proposed buildings have been determined, conduct design level soil engineering studies on a lot by lot basis, if necessary. Those studies will include drilled test borings, laboratory testing program and a design level report. The report will provide criteria for design of foundations, slab -on -grade construction, site grading specifications and utility trench backfill recommendations. d. The project soil engineer will review the grading plans and project improvement plans for the projects prior to construction. The review is intended to determine compliance with the intent of the recommendations contained in the soils engineering report. e. Site grading and construction will be observed by the project soil engineer and tested, as necessary, to determine general compliance with the recommendations contained in the soils engineering report. In addition, the soil engineer will observe conditions exposed by the grading and record significant features and/or changes that may be exposed. Various aspects of grading will be covered in a pre -construction conference with representatives of the owner, grading contractor, civil engineer and geotechnical engineer. f. Prior to any grading operations, areas which are to receive select structural fill, foundations, pavement sections, or concrete slabs -on -grade must be cleared of pavements, abandoned utilities and old foundations. The depth of the materials to be removed will be observed by a qualified soils engineer when clearing and stripping operations are in progress. g. The bottom of depressions created by the removal of existing structures or pavement should be scarified and cross scarified at least 8-inches and recompacted to at least 90 percent of maximum dry density. The depressions should then be backfilled with approved, compacted select structural fill, as specified by the project soils engineer. Clearing and backfill operations will be conducted under the field observation of the soil engineer. h. Select structural fill material may be placed in thin lifts, moisture conditioned to near optimum moisture content, and compacted to 90 percent of maximum PACHRISTRSEIRFind.WPD 9 dry density until finished grade has been obtained. Compaction criteria will be based on the laboratory test procedure ASTM D 1557-91. i. The soil engineer will be notified at least 48 hours prior to commencement of any grading operations, so he may coordinate the work in the field with the contractors. j. The support of a proposed structure may be provided by conventional, strip and spread footings bearing firm reworked native soil or select structural fill, but not on a combination of both. The design criteria for foundations, including detailed reinforcing requirements, will be determined by a site specific soil engineering study, and the design engineer performing the structural analysis of the proposed building and supporting foundations. k. Perimeter and interior footings should be founded a minimum 12 to 18 inches into the lowest adjacent, compacted soil pads. Interior footing under concrete slab -on -grade should be founded a minimum of 12 to 15 inches into the compacted soil building pad. Select structural fill should be compacted to at least 90 percent of maximum dry density. For the above conditions, the foundations for a proposed structure may be designed for an allowable bearing pressure range of 2000 to 3000 pounds per square foot for dead plus reasonable live loads. These values may be increased by 1/3 to include short term seismic and wind effects. I. The soils engineer will observe foundation excavations prior to placing form boards or placement of reinforcing steel. The purpose of this is to verify the soil density within the bearing soils. M. Concrete slabs -on -grade associated with high point loads, such as those associated with fork lifts, and those that will be subjected to heavy construction loads, such as those created by a crane lifting concrete panel, should be sufficiently thick and reinforced to accommodate these loads. n. For concrete slab -on -grade floor construction in warehouse or maintenance areas where no floor covering will be used (and not subjected to high point loads), a minimum 4 inch layer of 3/4" baserock should be placed and compacted to a minimum of 95 percent of maximum dry density. If a moisture vapor barrier is used, the barrier should be overlaid by 2 inches of commercial quality sand. The sand should be lightly moistened prior to placing concrete. o. Exterior concrete slabs -on -grade, such as driveways, shall be founded on at least 6" of approved import baserock, or as specified by the City of La Quinta, which ever is more stringent. The use of reinforcing steel in exterior concrete flatwork is recommended and all construction joints should be held together by steel dowels. It is recommended that exterior concrete flatwork soil areas be premoistened before concrete is placed. PACHRISTI\SEIRFind.WPD 10 p. Interior concrete slabs -on -grade shall contain reinforcement with the slabs structurally connected to adjacent perimeter foundations. Reinforcing of interior slabs -on -grade will be provided by the structural engineer, based on the proposed usage. q. Concrete slabs shall be divided into essentially equi-dimensional segments during construction to help control cracking during the curing period. Reinforcing of the concrete slab -on -grade is recommended and the slab should be structurally connected to the perimeter foundations at all door openings. Construction joints should be adequately doweled. If interior slabs are designed as free floating, adequate expansion joint of felt should be placed between the concrete slab and foundation. r. Exterior slabs -on -grade, which will experience vehicular traffic, including fork lift traffic, such as driveway aprons and trash bin aprons, should have at least 8 inches of compacted Class II aggregate base rock (R= 78 min.) under the concrete slab; actual thickness is dependent upon the slab thickness and actual traffic loads and volume. The baserock should be compacted to at least 95 percent of maximum dry density. S. Backfill of utilities within road right-of-way will be placed in strict conformance with the requirements of the governing agency (City of La Quinta, CVWD, Caltrans, etc.). t. Utility trench backfill within private property will be placed in strict conformance with the provisions of this report relating to minimum compaction standards. In general, service lines extending inside of the subject property may be backfilled with native soils compacted to a minimum of 90 percent of maximum dry density. Uncontrolled surface drainage that allows ponding to occur on slopes and around structures could weaken slopes and lead to cracked foundations. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: U. Where no exterior pavement section abuts the buildings, soil shall be backfilled against the exterior footings and the final grade should result in a positive gradient away from the buildings, in order to provide rapid removal of rain and irrigation water away from the foundations. V. To help minimize increased moisture into fill material under new foundations and pavements, good site drainage is important. Site drainage shall be in the form of roof gutters, catch basin and other drainage facilities. Down -spouts from the roof of the buildings shall discharge collected rainwater onto splashblocks, adjacent paved areas, or be tied into a water -tight drainage pipe, which would carry the collected water away from the building areas. Design landscaping and irrigation to prevent excess irrigation and ponding. PACHRISTI\SEIRFind.WPD 11 Erosion of soils during periods of high winds can result in removal of material intended to be the foundation of structures and deposition of uncompacted and unstable materials that are susceptible to future settlement. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: W. To control erosion during construction, soil shall be kept moist by frequent watering. After construction, when frequent watering is no longer feasible, wind -breaks installed, and plant native grasses and brush shall be planted on areas reserved for future phases of development, to minimize the contact of the wind against the ground. 2. Hydrology and Water Quality: Uncontrolled grading and site preparation activities could result in erosion and runoff of loose soils and other contaminants that could adversely affect downstream water quality. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. Prior to the issuance of any grading permits, a stormwater pollution prevention plan (SWPPP) shall be completed, to the satisfaction of the Colorado Regional Water Quality Control Board and the City of La Quinta. The SWPPP shall include measures to minimize the generation of fugitive dust, prevent erosion and prevent and contain hazardous materials spills. Specific elements of the SWPPP may include, but are not limited to: (1). Dust controls as specified in project PM,o plan (see Section 5.6, Air Quality, for further description). (2). Installation of sand bags at existing and proposed storm drain inlets (3). Soil stabilizing of future phase areas after rough grading (4). Covering construction access roads with gravel (5). Watering site throughout grading (6). Minimize the number of separate construction and vehicle storage and staging areas, to simplify the collection and disposal of contaminants. (7). Identifying the location of fuel storage areas. (8). Erect barriers around vehicle storage and staging areas and around fuel storage areas, to prevent intrusion by unauthorized persons after construction hours (9). An ongoing monitoring plan, to ensure that water quality controls are repeated and properly implemented in subsequent construction phases. The monitoring plan should include objectives, parameters for monitoring, schedules, evaluation and actions required. Provide regular monitoring reports, throughout each construction phase. The proposed runoff management plan is intended to contain all site runoff for storm PACHRISTI\SEIRFind.WPD 12 conditions up to and including a 100-year storm. However, if storm drainage facilities are not properly designed and maintained, this plan may not achieve this level of flood control and it is possible that damage to on- or off -site properties could result. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: b. Final grading and drainage plans for each phase of development shall incorporate retention facilities, and shall prove to the satisfaction of the City of La Quinta that there will be no site runoff for rainstorms up to and including the 100-year event. C. To ensure the continued effectiveness of the storm drainage and retention facilities, property owner maintenance associations shall be established to regularly clean and maintain landscaping, storm drainage facilities and retention areas, including drywells, which support those properties. Some of the runoff from the north sides of Pads 1, 2, and 3 in Development Scenarios 1 through 3 would drain into the landscape setback from Highway 111. The depths of the catch basins are not consistent with the Highway III Design Theme or the La Quinta Municipal Code. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: d. The on -site setback areas along Highway 111 shall be redesigned so that their storm water retention areas do not accommodate on -site drainage from the northerly portions of Pads 1, 2, and 3 under Development Scenarios 1 through 3. Other on -site retention areas shall be either expanded or new ones identified to accommodate on -site storm water flows. 3. Biological Resources: During site grading and construction that occurs during the nesting/breeding season (typically February through July), there is a potential to destroy bird nests that are occupied by native bird species. If this occurs, it would be a violation of the Migratory Bird Treaty Act and/or the California Fish and Game Code and would be considered a significant impact. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. Common and Special -Status Bird Nests. If project site grading and/or construction would occur during the nesting/breeding season (typically February through July) of native bird species potentially nesting on the site, then the following measure shall be implemented. Prior to construction or site preparation activities, a field survey shall be conducted by a qualified biologist to determine if active nests of special -status birds (i.e., loggerhead shrike) or common bird species protected by the Migratory Bird PACHRISTRSEIRFind.MD 13 Treaty Act and/or the California Fish and Game Code, are present in the construction zone or within 50 feet of the construction zone. If active nests are found, a minimum 50-foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier shall be erected around the nest site. No construction activities shall be permitted within this nest zone until the young birds have fledged, as determined by the project biologist. Implementation of the project will eliminate essentially all potential habitat for the Coachella Valley fringe -toed lizard species on the site. This lizard species is listed as threatened by State and Federal agencies. The loss of this habitat could restrict the range of these animals and would be considered a substantial impact on a rare or endangered species. In addition, the project site is within the habitat fee area pursuant to the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: b. The project applicant shall pay $600 per acre developed to the City of La Quinta as part of the Coachella Valley fringe -toed lizard mitigation plan. 4. Transportation and Circulation: Proper site access control and adequate sight distance are needed to ensure safe ingress/egress at the project's main entrances, and to avoid traffic conflicts with through traffic. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. The proposed project shall have full access to SR-111 and Adams Street. The project developer(s) shall construct the site -specific circulation recommendations as depicted in Figure 15 of the SEIR. b. Sight distance at each project entrance shall be reviewed with respect to standard Caltrans/City of La Quinta sight distance standards at the time of preparation of final grading, landscape and street improvement plans. C. The project developer(s) shall provide a westbound 400 foot left turn pocket on Highway 111 for vehicles desiring to turn left into the project site. d. The project developer(s) shall provide a southbound 300 foot left turn pocket on Adams Street for vehicles desiring to turn left into the project site. Project traffic in the Year 2000 would degrade levels of service below City standards at two of 15 study area intersections. For Year 2000 with project traffic conditions, a traffic signal is projected to be warranted at the intersection of the project entrance (La Quinta Drive) at SR-111. Year 2005 project traffic volumes would degrade levels of service below City standards at four of 15 study area intersections. For Year 2005 PACHRISTRSEIRFind.WPD 14 with project traffic conditions, a traffic signal is projected to be warranted at the Intersection of Adams Street at 47th Avenue/project entry. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: e. Intersection improvements shall be constructed as identified in Table 10 of the SEIR. The project developer(s) shall participate in the construction of traffic improvements at affected locations in the City's arterial network, through payment of required Infrastructure Development Fees. f. The project developer(s) shall consult with the Sunline Transit Agency to consider expanding service within the area. g. Prior to the issuance of building permits for any individual or combined site development involving at least 100 employees, prepare TDM plans for City approval, in accordance with Section 9.180 of the La Quinta Municipal Code. The TDM plans shall also satisfy the requirements of SCAQMD Rule 2202, and shall be reasonably calculated to achieve an average vehicle occupancy rate (VOR) of 1.3. The TDM plan shall also indicate specific strategies and guidelines to reduce the number of single -occupant vehicle trips and increase the amount of non -vehicular transportation. h. To accommodate future bus service on key roadways, the project developer(s) shall plan transit stops at the far side of major intersections and at locations which would not conflict with peak hour traffic flows (see Figure 20 [of the certified EIR] for suggested locations). Pedestrian access to the bus stops shall be provided. Actual transit stop locations shall be coordinated with the Sunline Transit Agency. i. The project developer(s) shall provide on -site bike racks on the commercial portion of the project to encourage the use of bicycles as an alternative means of transportation. j. The project developer(s) shall designate a portion of the commercial retail parking area to encourage employee ride sharing. 5. Noise: Although no buildings have been designed for the mixed regional commercial uses, it is possible that delivery areas for large commercial uses could be located behind the buildings along the frontage of Adams Street. It is also possible that deliveries for some commercial uses such as grocery stores could occur during nighttime hours when people are most sensitive to noise, and when roadway traffic volumes may be so low that delivery noise does not blend with the traffic noise. This could cause substantial disturbance and a potentially significant impact. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: PACHRISTRSEIRFind.WPD 15 a. Commercial delivery areas shall be either oriented away from Adams Street, or shielded by a minimum six-foot solid masonry wall with the height determined from the elevation of the delivery platform. 6. Solid Waste Disposal: Construction -period solid wastes could have a significant impact on local landfill capacity unless measures are taken to reduce, recycle or reuse such wastes to minimize the amount that must be disposed of at a landfill. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. Contractors shall separate recyclable construction waste materials in separate bins, and shall arrange for transport of recyclable materials to facilities which accept the materials. A list of recyclable construction materials and recycling facilities is available, and shall be obtained, from the City of La Quinta. All recyclable materia0s shall be recycled. b. Builders competing for construction contracts shall be required to include proposals for the use of building products made of recycled materials. Given the City's obligations under AB 939 to substantially reduce the amount of solid wastes that must be disposed of at a sanitary landfill, if solid waste reduction, recycling and/or reuse measures are not incorporated into the project, the project's solid waste impact would be considered significant. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: C. Green waste generated on the project site shall be treated in such a way as to avoid disposal in landfills. This may be accomplished, for example, by composting either on -site or at approved facilities and mulching for use on- and off -site. d. Prior to the issuance of building permits for each phase of the project, a solid waste management program shall be approved for that portion of the site or for larger areas if more efficient, by the City of La Quinta. These programs shall maximize the recycling potential of packaging materials (cardboard), mixed papers, and scrap ferrous materials, and shall include designated areas for trash separation bins which are accessible to waste haulers, and identification of materials that are to be recycled. The following provisions shall be considered in the preparation of the plans: (1). Locate recycling/separation areas in close proximity to dumpsters for non-recyclables, elevators, loading docks, and primary internal and external access points. (From CIWMB Model Ordinance) (2). Locations of recycling/separation areas shall not conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation, or safety. PACHRISTRSEIRFind.WPD 16 (3). Locate recycling/separation areas so they are convenient for those persons who deposit, collect, and load the recyclable materials. (From CIWMB Model Ordinance) (4). Place recycling containers/bins so that they do not block access to each other. (5). Solid waste collection/recycling areas are to be compatible with nearby structures, secure, protected against adverse environmental conditions, clearly marked, adequate in capacity, number and distribution, and contain a sufficient number of bins, to serve the recycling needs of the development. (From CIWMB Model Ordinance) (6). Design and construct collection/recycling areas to accommodate front -loader packing trucks, including maneuvering room. (From CIWMB Model Ordinance) (7). Design and construct driveways and/or travel aisles with adequate width and maneuverability space for unobstructed garbage collection vehicle access and clearance. (From CIWMB Model Ordinance) (8). Post signs at all access points of the recycling areas that clearly identify all recycling and solid waste collection and loading areas and the materials accepted therein. (From CIWMB Model Ordinance) A variety of hazardous wastes, both liquid and solid, would be generated in small quantities by the proposed auto dealerships and other commercial uses that could be developed in accordance with the Specific Plan. These wastes must be safely stored while awaiting disposal, and there are no waste disposal facilities within Riverside County currently accepting such wastes. Special provisions, therefore, must be made to properly store and dispose of the project's hazardous wastes, to avoid unlawful and unsafe disposal of such materials. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: e. Prior to occupancy of each phase of the project, the managers of the auto dealerships, any other businesses within the proposed auto mall area that generate hazardous wastes, and the mixed -use, regional commercial center, shall prepare programs for the proper storage, collection, identification, and disposal of industrial chemical and hazardous material wastes. Such programs may, for example, include current waste disposal practices such as contracting with State licensed, private firms for the collection of waste materials, for use by the same or other firms who produce new products from the recycled wastes and/or who transport such wastes to properly licensed and permitted disposal facilities. These hazardous waste management programs shall be prepared and implemented to the satisfaction of the Riverside County Fire Department and PACHRISTI\SEIRFind.WPD 17 the City of La Quinta. Prior to the issuance of any occupancy permit by the City, the occupant shall verify, in writing, that the occupant has complied with all applicable Federal, State, County and City requirements for the handling and disposal of hazardous waste material, and shall file an annual report with the City Community Development Department reporting the types of hazardous waste generated and methods of waste disposal. The annual report shall include evidence of proper disposal with a California -certified hazardous waste disposal company. 7. Aesthetics: Proposed berming provided along Highway 111 would not fully screen views of vehicles in regular new vehicle display areas located between the special vehicle display pads along Highway 111 or vehicles displayed on the rest of the dealership pads. This is not consistent with the standards in Section 9.1501.1 of the La Quinta Municipal Code for the screening of parking areas and the Highway 111 Design Theme guidelines for screening "outdoor storage/display areas." This inconsistency is represents a significant aesthetic impact. Unscreened views of entrances in and out of dealership/repair buildings on Pads 1, 2, and 3 would also be a significant aesthetic impact. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid these potentially significant effects, as follows: a. All auto dealership regular vehicle display areas and service area entrances shall be fully screened from view from Highway 111 and Adams Street by landscaping, walls and/or berms in accordance with Section 9.1501.1 of the La Quinta Municipal Code and the Highway 111 Design Theme. Based on the previous mitigation measure, the possibility exists for solid, masonry screening walls to be constructed along the Highway 111 and Adams Street frontages that would be aligned in a straight line along the interior edge of the landscape setback along both frontages. This straight-line wall design would conflict with Section 9.150L.3.b. of the La Quinta Municipal Code, which states that screening walls should not be constructed in long, straight stretches, to prevent visual monotony. This is considered a significant impact. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: b. Any screening walls constructed along the Highway 111 and Adams Street frontages shall incorporate a design that avoids a monotonous visual effect, through a meandering alignment, use of offsets, periodic variations in materials, texture, or colors or other measures which achieve the desired effect. C. Significant and Unavoidable Impacts 1. Air Quality: Construction period emissions would exceed thresholds of significance recommended by the South Coast Air Quality Management District (SCAQMD), resulting in short-term, significant air quality impacts. The following changes or alterations have been required in, or incorporated into, the project which would reduce the volume of such emissions to the extent considered feasible, but not to below less than significant levels. PACHRISTI\SEIRFind.WPD 18 a. The project developer shall prepare and implement a construction management plan, as approved by the City of La Quinta, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD: (1). Configure construction parking to minimize traffic interference. (2). Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). (3). Schedule construction activities that affect traffic flow on the arterial system to off-peak hours. streets. (4). Reroute construction trucks away from congested (5). Consolidate truck deliveries when possible. (6). Provide dedicated turn lanes for movement of construction trucks and equipment on- and off -site. (7). Prohibit truck idling in excess of two minutes. (8). Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturers' specifications and per SCAQMD rules, to minimize exhaust emissions. (9). Suspend use of all construction equipment operations during second stage smog alerts. Contact the SCAQMD at 800/242-4022 for daily forecasts. (10). Use electricity from power poles rather than temporary diesel- or gasoline -powered generators. (11). Use methanol- or natural gas -powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. (12). Use propane- or butane -powered on -site mobile equipment instead of gasoline if readily available at competitive prices. b. The developer shall prepare and implement a PM,o Plan based on the measures of SCAQMD Rule 403, Fugitive Dust, which are in effect at the time of development. The following measures are currently recommended to implement Rule 403, Fugitive Dust. These measures have been quantified by the SCAQMD as being able to reduce dust generation between 30 and 85 percent depending on the source of the dust PACHRISTI\SEIRFind.WPD 19 generation. (1). Apply approved non -toxic chemical soil stabilizers according to manufacturer's specification to all inactive construction areas (previously graded areas inactive for four days or more). (2). Replace ground cover in disturbed areas as quickly as possible. (3). Enclose, cover, water twice daily, or apply approved soil binders to exposed piles (i.e., gravel, sand, dirt) according to manufacturers' specifications. (4). Water active grading sites at least twice daily. (5). Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. (6). Provide temporary wind fencing consisting of three- to five-foot barriers with 50 percent or less porosity along the perimeter of sites that have been cleared or are being graded. (7). All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer), in accordance with Section 23114 of the California Vehicle Code. (8). Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (recommend water sweepers using reclaimed water if readily available). (9). Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. (10). Apply water three times daily or chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas or unpaved road surfaces. (11). Enforce traffic speed limits of 15 mph or less on all unpaved roads. Operational emissions (primarily traffic exhaust) would exceed thresholds of significance recommended the SCAQMD, resulting in long-term, significant air quality impacts. The following changes or alterations have been required in, or incorporated into, the project which would reduce the volume of such emissions to the extent considered feasible, but not to below less than significant levels. PACHRISTRSEIRFind.WPD 20 C. Where applicable, business owners and operators shall implement all rules and regulations adopted by the Governing Board of the SCAQMD which are applicable to their individual commercial use (such as Rule 402, Nuisance, Rule 1102, Petroleum Solvent Dry Cleaners, Rule 1111, NO,, Emissions from Natural Gas -Fired, Fan -Type Central Furnaces, Rule 1146, Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters) and which are in effect at the time of occupancy. d. Where feasible, use solar or low emission water heaters to reduce natural gas consumption and emissions. e. Use energy -efficient and automated controls for air conditioners to reduce energy consumption and emissions. f. Use automatic lighting on/off controls and energy -efficient lighting to reduce electricity consumption and associated emissions. g. Use light-colored roofing materials as opposed to dark roofing materials. These materials would reflect, rather than absorb, sunlight and minimize heat gains in buildings. This measure would lessen the overall demand for mechanical air conditioning systems. h. Comply with Title 24 of the California Code of Regulations which are current at the time of development. i. If any drive -through windows are proposed at a later date on the commercial portion of the site, traffic flow at these drive-throughs shall be improved by designing separate windows for different functions and by providing temporary parking for orders not immediately ready for pickup. j. Provide bicycle facility improvements on the project site with access to off -site roadways. k. Implement all mitigation measures identified in Section 5.5, Transportation and Circulation for intersection improvements that would reduce traffic congestion. queuing. Implement an on -site vehicle circulation plan to reduce vehicle M. Provide on -site pedestrian facility improvements. II. CUMULATIVE IMPACTS A. Impacts Determined to be Less than Significant P:\CHRISTI\SEIRFind.WPD 21 1. Potential Secondary Land Use Effects: No significant cumulative impacts are anticipated. 2. Geotechnical Considerations: This project would not contribute to cumulative impacts involving geological hazards or features on any other sites. 3. Transportation and Circulation: Cumulative traffic in the Year 2000 would not degrade levels of service below City standards at 13 of 15 study area intersections. Year 2005 cumulative traffic volumes would not degrade levels of service below City standards at 11 of 15 study area intersections. 4. Air Quality: The project would be consistent with the AQMP forecasts for this area, be consistent with the air quality -related regional plans, and should not jeopardize attainment of state and federal ambient air quality standards in the Coachella Valley. Its cumulative air quality impacts are, therefore, not significant. 5. Noise: Project traffic would add to cumulative traffic volumes on the surrounding street system, near several sensitive receptor locations. The projected noise levels along the affected roadways would not exceed City standards. 6. Public Services: This project would not contribute to significant cumulative impacts on County Fire Department, County Sheriff Department or private emergency medical services. 7. Aesthetics: Project development would continue expansion of commercial development along Highway 111 corridor as envisioned in the La Quinta General Plan. No significant cumulative aesthetic impacts are anticipated along the Highway 111 corridor. 8. Cultural Resources: This project would not contribute to any significant cumulative impacts involving cultural resources. B. Impacts That Could be Significant, But are Mitigable to Less Than Significant Levels 1. Hydrology and Water Quality: Uncontrolled grading and site preparation activities could result in erosion and runoff of loose soils and other contaminants that could adversely affect downstream water quality. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. Prior to the issuance of any grading permits, a stormwater pollution prevention plan (SWPPP) shall be completed, to the satisfaction of the Colorado Regional Water Quality Control Board and the City of La Quinta. The SWPPP shall include measures to minimize the generation of fugitive dust, prevent erosion and prevent and contain hazardous materials spills. Specific elements of the SWPPP may include, but are PACHRISTI\SEIRFind.WPD 22 not limited to: (1). Dust controls as specified in project PM,o plan (see Section 5.6, Air Quality, for further description). drain inlets (2). Installation of sand bags at existing and proposed storm (3). Soil stabilizing of future phase areas after rough grading (4). Covering construction access roads with gravel (5). Watering site throughout grading (6). Minimize the number of separate construction and vehicle storage and staging areas, to simplify the collection and disposal of contaminants. (7). Identifying the location of fuel storage areas. (8). Erect barriers around vehicle storage and staging areas and around fuel storage areas, to prevent intrusion by unauthorized persons after construction hours (9). An ongoing monitoring plan, to ensure that water quality controls are repeated and properly implemented in subsequent construction phases. The monitoring plan should include objectives, parameters for monitoring, schedules, evaluation and actions required. Provide regular monitoring reports, throughout each construction phase. 3. Biological Resources: Loss of potential on -site habitat for the Coachella Valley fringe -toed lizard species would contribute to the net cumulative loss of habitat for this threatened species. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. The project applicant shall pay $600 per acre developed to the City of La Quinta as part of the Coachella Valley fringe -toed lizard mitigation plan. 4. Transportation and Circulation: Cumulative development traffic in the Year 2000 would degrade levels of service below City standards at two of 15 study area intersections. Year 2005 cumulative traffic volumes would degrade levels of service below City standards at four of 15 study area intersections. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: e. Construct intersection improvements, as identified in Table 10 PACHRISTI\SEIRFind.WPD 23 of the SEIR. The project developer(s) shall participate in the construction of traffic improvements at affected locations in the City's arterial network, through payment of required Infrastructure Development Fees. f. The project developer(s) shall consult with the Sunline Transit Agency to consider expanding service within the area. g. Prior to the issuance of building permits for any individual or combined site development involving at least 100 employees, prepare TDM plans for City approval, in accordance with Section 9.180 of the La Quinta Municipal Code. The TDM plans shall also satisfy the requirements of SCAQMD Rule 2202, and shall be reasonably calculated to achieve an average vehicle occupancy rate (VOR) of 1.3. The TDM plan shall also indicate specific strategies and guidelines to reduce the number of single -occupant vehicle trips and increase the amount of non -vehicular transportation. h. To accommodate future bus service on key roadways, the project developer(s) shall plan transit stops at the far side of major intersections and at locations which would not conflict with peak hour traffic flows (see Figure 20 (of the certified EIR] for suggested locations). Pedestrian access to the bus stops shall be provided. Actual transit stop locations shall be coordinated with the Sunline Transit Agency. i. The project developer(s) shall provide on -site bike racks on the commercial portion of the project to encourage the use of bicycles as an alternative means of transportation. j. The project developer(s) shall designate a portion of the commercial retail parking area to encourage employee ride sharing. 4. Water Distribution and Storage: Cumulative and long-term water demand throughout La Quinta and the rest of the CVWD service area could result in significant overdrafting of available groundwater supplies and could result in water shortages at various times and in various places within the valley. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid this potentially significant effect, as follows: a. The City of La Quinta will continue to cooperate with CVWD strategies to manage regional water supplies and distribution facilities. Examples of such strategies currently being implemented or under consideration as part of the CVWD's water management planning program include: (1). To meet the projected regional water demand for the year 2015, CVWD has estimated that another 220 acres of ponds for recharge would be needed in the lower valley. This would allow for percolation of approximately 82,000 acre feet of water per year. If such ponding areas cannot be found in the lower valley, the needed replenishment could be made up by converting current well users (farmers, fish farmers, golf courses and duck clubs) to canal water or other surface sources in the lower PACHRISTI\SE1RFind.WPD 24 valley. (2). Additional replenishment could be achieved through importation of another 41,000 acre feet to supplement groundwater recharge efforts in the upper valley, conserving an additional 25,000 acre feet of water after initial use for fish farms, increasing reclaimed water use on golf courses by 11,000 acre feet, implementing conservation measures on golf courses to save an additional 9,000 acre feet and improving agricultural conservation to save another 5,000 acre feet. It is anticipated that most of the money required to implement and operate CVWD's water plan would come through assessments collected from pump owners for the cost of replacing the amount of water they extract from the basin. Major groundwater users in the upper valley, including the CVWD, have been paying such fees for nearly 20 years. C. Significant and Unavoidable Impacts 1. Solid Waste Disposal: Existing landfill capacity in Riverside County is projected to be exhausted by the year 2008, approximately three years after the anticipated time of full project occupancy. The project's ongoing, long-term solid waste generation, therefore, would contribute to significant cumulative impacts on the valley -wide and county -wide solid waste disposal systems. The proposed Specific Plan Amendment, however, provides flexible design scenarios which have the potential to generate less solid waste and, therefore, less cumulative demand for waste disposal than the approved project. The following changes or alterations have been required in, or incorporated into, the project which would reduce the project's solid waste impacts to the extent considered feasible, but would not reduce the impact to less than significant levels if regional solutions to the county's solid waste disposal facilities needs are not developed by the year 2008. a. Green waste generated on the project site shall be treated in such a way as to avoid disposal in landfills. This may be accomplished, for example, by composting either on -site or at approved facilities and mulching for use on- and off -site. b. Prior to the issuance of building permits for each phase of the project, a solid waste management program shall be approved for that portion of the site or for larger areas if more efficient, by the City of La Quinta. These programs shall maximize the recycling potential of packaging materials (cardboard), mixed papers, and scrap ferrous materials, and shall include designated areas for trash separation bins which are accessible to waste haulers, and identification of materials that are to be recycled. The following provisions shall be considered in the preparation of the plans: (1). Locate recycling/separation areas in close proximity to dumpsters for non-recyclables, elevators, loading docks, and primary internal and external access points. (From CIWMB Model Ordinance) (2). Locations of recycling/separation areas shall not conflict with any applicable federal, state or local laws relating to fire, building, access, PACHRISTRSEIRFind.MD 25 transportation, circulation, or safety. (3). Locate recycling/separation areas so they are convenient for those persons who deposit, collect, and load the recyclable materials. (From CIWMB Model Ordinance) (4). Place recycling containers/bins so that they do not block access to each other. (5). Solid waste collection/recycling areas are to be compatible with nearby structures, secure, protected against adverse environmental conditions, clearly marked, adequate in capacity, number and distribution, and contain a sufficient number of bins, to serve the recycling needs of the development. (From CIWMB Model Ordinance) (6). Design and construct collection/recycling areas to accommodate front -loader packing trucks, including maneuvering room. (From CIWMB Model Ordinance) (7). Design and construct driveways and/or travel aisles with adequate width and maneuverability space for unobstructed garbage collection vehicle access and clearance. (From CIWMB Model Ordinance) (8). Post signs at all access points of the recycling areas that clearly identify all recycling and solid waste collection and loading areas and the materials accepted therein. (From CIWMB Model Ordinance) III. ALTERNATIVES CONSIDERED AND REJECTED Five alternatives to the approved Specific Plan were evaluated in the Original EIR. The alternatives compared the environmental advantages and disadvantages of different land uses and a different site location as a means of reducing or avoiding the significant impacts that would occur with the approved project. These alternatives are as follows along with the reasons that they were rejected: A. Reduced Density Alternative: Rejected as infeasible because it would not meet the project objective for return on investment in the subject property. Furthermore, this alternative would not be environmentally superior to the project, with respect to net environmental impact. B. Hotel/Golf/Office Alternative: Rejected as infeasible because it is not capable of being accomplished in a successful manner within a reasonable period of time. A completely different site plan would have to be developed, at extra cost and several months of additional time, and new tenants would have to be found who would enter into an agreement with the developer to occupy the commercial spaces created by this alternative development. These considerations represent substantial obstacles that would PACHRISTI\SEIRFind.WPD 26 preclude the successful implementation of this alternative in a reasonable period of time, and, according to the applicant, this alternative would not satisfy their objective for return on investment in this property. Furthermore, this alternative would not be environmentally superior to the project, with respect to net environmental impact. C. Alternative Site Location: Rejected as infeasible because it is not capable of being accomplished in a successful manner within a reasonable period of time. A completely different site plan would have to be developed, at extra cost and several months of additional time. Furthermore, the project applicant does not own or have any substantial interest in this alternative site, and it is not known whether the property owner would sell the property to this project applicant or if the applicant would be able to acquire the property on terms satisfactory to the applicant, the alternative site property owner and the occupants of the proposed auto mall. These considerations represent substantial obstacles that would preclude the successful implementation of this alternative in a reasonable period of time, and, according to the applicant, would not satisfy their objective for return on investment in this property. Furthermore, this alternative would not be environmentally superior to the project. D. No -Project, Existing Conditions Alternative: Rejected as infeasible because it does not accomplish the objectives of the Land Use Element of the La Quinta General Plan which designates this site for Mixed/Regional Commercial uses. The purpose of this designation is to strengthen the City's economic base and provide a range of commercial and/or institutional services for the community. The City has not identified this site for acquisition for any public needs. Furthermore, this alternative would not accomplish the applicant's objective of obtaining a return on investment in this property. E. No -Project, Mixed/Regional Commercial Alternative: Rejected because it would result in a greater level of environmental impact than the project. Through the approval of the Specific Plan, the City of La Quinta agreed that the approved Specific Plan provided the best opportunities for the development of the site. The proposed Specific Plan Amendment provides four flexible development scenarios for the site to be built -out and operated depending on the prevailing market conditions. These four development scenarios are, in essence, additional alternatives to the approved Specific Plan that can be feasibly implemented. IV. CHANGES IN IMPACT POTENTIAL The proposed changes to the Original Project would have the same or similar impacts as the Amended Project with the exception of Hydrology and Water Quality, and Aesthetics. The SEIR concluded that some of the runoff from the north sides of Pads 1, 2, and 3 in Development Scenarios 1 through 3 would drain into the landscape setback from Highway 111. The depths of the catch basins are not consistent with the Highway 111 Design Theme or the La Quinta Municipal Code. In addition, proposed berming provided along Highway 111 would not fully screen views of vehicles in regular new vehicle display areas located between the special vehicle display pads along Highway 111 or PACHRISTI\SEIRFind.WPD 27 vehicles displayed on the rest of the dealership pads. This is not consistent with the standards in Section 9.1501.1 of the La Quinta Municipal Code for the screening of parking areas and the Highway 111 Design Theme guidelines for screening "outdoor storage/display areas." Unscreened views of entrances in and out of dealership/repair buildings on Pads 1, 2, and 3 would occur. These impacts are significant and would not occur with the Original Project. Changes or alterations have been required in, or incorporated into, the project which mitigate these impacts to less than significant levels. Therefore, the Amended Project does not have any new or substantially increased significant unavoidable impacts beyond those previously analyzed in the Original EIR. PACHRISTI\SEIRFind.WPD 28 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 97-029, AMENDMENT #1 CASE NO.: SPECIFIC PLAN 97-029, AMENDMENT #1 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the Planning Commission of the City of La Quinta, California did on the 13th day of October, 1998, hold a duly noticed Public Hearing to consider amending Specific Plan 97-029 to create an 87 acre development consisting of three planning areas housing four development scenarios for automobile sales/services and a retail complex, located on the south side of Highway 111, between Adams Street and Dune Palms Road; and more particularly described as: A PORTION OF THE SOUTHWEST AND NORTHWEST 1/4 SECTION OF 29, T5S, R7E WHEREAS, the City Council of the City of La Quinta, California did on the 15th day of July, 1997, approve and adopt under Resolution 97-64 for Specific Plan 97-029 the development plans for an 87 acre, three phase mixed commercial development located at the southeast corner of Adams Street and Highway 111; and, WHEREAS, said Specific Plan complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department completed Environmental Assessment 97-337 for the original project. An Environmental Impact Report, State Clearinghouse No. 97011055 was certified by the City Council in 1996, for this project. A supplemental EIR has been prepared for the proposed Specific Plan, Site Development Permit and Development Agreement Amendments; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings to justify recommending approval to the City Council of said amended Specific Plan: That the proposed amended Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Mixed/Regional Commercial which permits the uses proposed for the property and is consistent with the goals, policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. P:\CHRISTI\peresoSP97-029.wpd Planning Commission Resolution 98- 2. That the amended Specific Plan will not create conditions materially detrimental to the public health, safety and general welfare in that development per the amended Specific Plan will provide for extensive public improvements and conforms to good land use practice by encouraging a long-range, comprehensive approach to development of a major regional automobile sales/services and mixed commercial complex. 3. The amended Specific Plan is compatible with the zoning of adjacent properties in that the site is bounded by compatible mixed/regional (commercially zoned) designated properties with the exception of the area to the west, across Adams Street that is designated Low Density and High Density Residential. The Supplemental EIR mitigation measures will ensure potentially negative impacts, such as noise and lighting will be reduced to a level of insignificance by landscape buffers, walls, site configurations and shielding to prevent glare and spillage. 4. The amended Specific Plan is suitable and appropriate for the subject property provided the Supplemental EIR mitigation measures and Conditions of Approval are met. 5. That the proposed amended Specific Plan is a detailed plan for development in a specific area; further review of individual buildings will be required under a Site Development Permit review process at which time project related conditions will be attached to mitigate impacts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend approval of the above described amended Specific Plan request 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 13th day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P:\CHRISTI\peresoSP97-029.wpd Planning Commission Resolution 98- ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PACHRISTI\peresoSP97-029.wpd PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 97-029, AMENDMENT #1 MIXED COMMERCIAL REGIONAL PROJECT OCTOBER 13, 1998 GENERAL CONDITIONS OF APPROVAL Developer (or property owner) agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. Prior to issuance cf the first building permit the applicant shall revise the Specific Plan as follows: 2. Section 2.10.2 -Site Plan (p.18) -Delete "which intends to be". Replace in the first sentence "shall" to "will" after the word signage. The second sentence shall read, "The required landscape buffer adjacent to Adams Street will have two feet to three feet high berming from Highway 111 south to Auto Center Drive." The third sentence will read, "Significant building setbacks are proposed along Highway 111 and Adams Street." 3. Section 2.20.1 - Land Use Plan (p.201- Third paragraph third sentence delete "are intended to" and replace with "will". Add to the end of this sentence "with the exception of...." . 4. Section 2 30 3 - On Site Retention (p.26) - Change the third sentence of the second paragraph, "...will be" to "shall" and delete "...with the exception that a deviation shall be permitted on the north sides of Pads 1, 2, and 3 under Development Scenarios #1, #2 and #3 from this design theme." Revise remainder of sentence to read, "Parcels 1, 2, and 3 storm water shall not be allowed to drain into neither the Highway 111 nor Adams Street landscape setback in accordance with Zoning Code Section 9.100.040.B.7." 5. Section 2 40.3 - Electrical Plan (p.28) - Revise the fifth sentence to read "On the east side of Adams Street." 6. Section 2 50 1 - Phasing Description (p.451- In the second to last sentence delete "at" and replace with "not to exceed". 7. Section 2 50 2 - Infrastructure Phasing (p.48) - Revise paragraphs 1 and 3 to clarify that the applicant will make full half street improvements to the applicant's half of Highway 111 and Adams Street (including half median on Highway 111 and full PACI IRISTITCCOA-S119 7-029.wpd Planning Commission Resolution 98- Conditions of Approval - Recommended Specific Plan 97-029 -Mixed Regional Commercial Project October 13, 1998 median on Adams Street). Revise paragraph 4 to indicate that the Highway 111 median along each planning area will be secured prior to administrative approvals or issuance of permits for development of the area. 8. Section 2.50.2 - Infrastructure Phasing (p.48) - Include La Quinta Drive in the second to last sentence. 9. Section 2.50.3.7. - Lighting Auto Mail (p.50) - Change the language regarding distance between light poles in accordance with the photometric study. 10. Section 2.50.4.1.1. - Site Plan - Auto Mall (p.52) - Revise the last sentence of the fourth paragraph to read, "...shall be designed to screen vehicle storage and the regular vehicle display along Highway 111." 11. Section 2.50.4.1.3. - Special Events - Automall (p.54) - In the first sentence delete "each". Delete "and approved" in the last sentence. 12. Section 2.60.1 - Overview (p.55) - Revise third sentence to indicate that Highway 111 right of way will be dedicated in fee simple to the City. 13. Section 2 60.2 - Off -Site Circulation System (p.55) - In the second paragraph, first sentence move "as required" to follow "improvements" in the same sentence. 14. Section 2 60 3 - Public Transportation/Transportation Demand Management p.55) - The second sentence shall read, "The project developer agrees to .....". 15. Section 2.60.4.1. - La Quinta Drive (p.57) - Revise the last part of the last sentence. All street access shall be at approved curb cut locations. Delete the last sentence. 16. Section 2.70.1 - Landscape Concept (p.59) - Revise the last sentence to read, "with the exception of Highway 111 and Adams Street, most landscape areas..." 17. Section 2 70 2 -Landscape Development Standards (p 59) - Delete any reference to eliminating flowering trees from the plant pallette. Add to the end of the sentence "and Highway 111 Design Guidelines". 18. Section 2.80.1.1 - Signage - Auto Mall Centre (p.62)- Add to the second sentence "by allowing the potential for nine deal identification sign...." revise the second to last sentence in the first paragraph, "Identification sign at the entrance to Adams Street 'will' be allowed" to "may" be allowed. Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 if for Development Scenarios #1, #2, #3. P:\CIIRISTI\PCCOA-SP97-029.wpd 2 Planning Commission Resolution 98- Conditions of Approval - Recommended Specific Plan 97-029 -Mixed Regional Commercial Project October 13, 1998 A. In the last sentence delete "approval" and replace with "review and recommendation". B. Delete "Highway 111" in that secondary signs do not need to be seen from this highway. C. Delete "and approved" from the sentence. 19. 2.80.1.2 - Signage - Mixed Regional Commercial Centre (p.63) - Replace "shall" with "may" in the first and second sentences. Please delete the following sentence from the second paragraph, "Single freestanding building uses may use freestanding monument signage." 20. Exhibits 5-12 (Also Pages 22-24. 30-44 & 71-74) - Remove property line bisecting the landscape setback at the north property line of the CVWD well site. The applicant shall landscape and arrange for perpetual maintenance of the landscape setbacks along all public street frontage of the land encompassed by Tentative Map 28525. 21. Exhibits 22-25 - Revise "Drainage Concept" text and drainage flow arrows from exhibits to reflect requirement that only Highway 111 runoff may be retained in the landscape setback. All other drainage shall be retained on -site. 22. Exhibit 11 (p.56) - Revise Section C-C of La Quinta Drive exhibit to indicate a ten - foot median (total width) and 27-foot travel lanes. MISCELLANEOUS 23. In the event of a conflict between the conditions listed herein and the provisions of the Development Agreement between the applicant and the City, the provisions of the Development Agreement shall prevail unless such action or interpretation would result in violation of any applicable local, state, or federal law. 24. The Conditions of Approval for Tentative Map 28525 are incorporated into and apply to this Specific Plan with the exception of the following items over which conflicting provisions of the Specific Plan, as conditioned herein, shall prevail: • Condition No. 36 with respect to storm water retention in landscape setbacks, • Condition No. 45A1 with respect to the Highway 111 median, and • Condition No. 46 with respect to allowable access points. PACI IRISTI\PCCOA-SP97-029.wpd 3 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE DEVELOPMENT PERMIT 97-603, AMENDMENT #1 FOR THE DEVELOPMENT PLANS FOR THREE AUTOMOBILE DEALERSHIPS CASE NO.: SITE DEVELOPMENT PERMIT 97-603, AMENDMENT #1 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 131h day of October, 1998, hold a duly noticed Public Hearing to review the amended development plans for three auto dealerships located at the southeast corner of Adams Street and Highway 111, more particularly described as: A PORTION OF THE SOUTHWEST AND NORTHWEST 1/4 SECTION OF 29, T5S, R7E WHEREAS, the City Council of the City of La Quinta, California did on the 15th day of July, 1997, under Resolution 97- 66 approved and adopted the development plans for five auto dealerships located at the southeast corner of Adams Street and Highway 111; and, WHEREAS, said amended Site Development Permit 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 completed Environmental Assessment 97-337 for the original project. An Environmental Impact Report, State Clearinghouse No. 97011055 was certified by the City Council in 1997 for this project. A Supplemental EIR has been prepared for the proposed Specific Plan, Site Development Permit and Development Agreement amendments; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said Site Development Permit 97-603, Amendment #1: The proposed car dealerships are consistent with the City's General Plan in that the property is designated Mixed/Regional Commercial (M/RC). The Land Use Element (Policy 2-3.1) of the 1992 General Plan Update allows automobile sales/services as a conditional use. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. P AC H R I STI\PC ResoS D P 97-603.wpd Planning Commission Resolution 98- 2. The proposed auto dealerships are consistent with the goals and objectives of the La Quinta Centre Specific Plan in that the project is a permitted use and will comply with the development standards and design guidelines provided conditions are met. 3. The development of auto dealerships will be consistent with the City's Zoning Code and the La Quinta Centre Specific Plan provided conditions are met. 4. The site design of the proposed project is compatible with the high quality of commercial development on Highway 111 provided conditions are met. 5. The landscape design along Highway 111 will conform with the City's Highway 111 Landscape Design Guidelines, subject to conditions. The Adams Street landscape setback is also of a high quality landscape design provided conditions are met. 6. The architectural design of the project is compatible with development on Highway 111 in that it is a similar scale of other developments in the area; the building materials will be aesthetically pleasing, and provide a blend of varied surfaces and variety of textures, provided conditions are met. 7. The sign design of the project will provide building identity using common elements of size, color, and materials. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does recommend approval to the City Council of Site Development Permit 97-603, Amendment #1 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 13th day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P AC H R I STI\PC ResoS D P97-603.wpd Planning Commission Resolution 98- ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PAC H RI STI\PCResoS DP97-603.wpd PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 97-603, AMENDMENT #1 THREE AUTO DEALERSHIPS OCTOBER 13, 1998 GENERAL CONDITIONS OF APPROVAL 1. The development shall comply with the La Quinta Centre Specific Plan, Specific Plan Amendment #1 97-029 (on file in the Community Development Department), the approved exhibits and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. Exterior lighting for the project shall comply with the City's "Dark Sky" Lighting Ordinance. Lighting Plans shall be approved by the Community Development Department Director prior to issuance of building permits. All exterior lighting shall be down -shining and provided with shielding to screen glare from adjacent streets and residential property to the west and south, to the satisfaction of the Community Development Department Director. Parking lot light standards shall be a maximum of 24-feet in height. All parking lot lights shall be shielded along the west property line (Parcels 5, 6, & 7) and landscape lighting shall be installed adjacent to Adams Street. 3. Provide adequate trash and recycling areas for each phase for approval by the Community Development Department Director prior to issuance of the first building permit per phase. The plan will be reviewed for acceptability by applicable trash company prior to review by the Community Development Department Director. 4. Prior to issuance of any grading or building permits, or ground disturbance, mitigation measures as recommended by the Archaeological Assessment for the site shall be completed at the applicant/developer's expense. This consists of having an archaeological monitor on site during grading and earth disturbance operations. A final report shall be submitted for acceptance by the Historic Preservation Commission prior to issuance of the Certificate of Occupancy of the first building. 5. Handicap access, facilities and parking shall be provided per State and local requirements. 6. Prior to any site disturbance being permitted, including construction, preliminary site work and/or archaeological investigation, the project developer shall submit and have approved a Fugitive Dust Control Plan (FDCP), in accordance with Chapter P:\CHRISTI\PCC0A-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships 6.16 of the La Quinta Municipal Code. The plan shall define all areas proposed for development and shall indicate time lines for phasing of the project, and shall establish standards for comprehensive control of both anthropogenic and natural creation of airborne dust due to development activities on site. Phased projects must prepare a plan that addresses control measures over the entire build -out of the project (e.g., for disturbed lands pending future development). 7. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 8. Prior to issuance of any land disturbance permit, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 9. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of Site Development Permit, Amendment #1 97-603, and Environmental Assessment 97-337. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SDP, Amendment #1 97- 603 and EA 97-337. The Community Development Director may require inspection or other mitigation monitoring measures to assure such compliance. 10. All roof and wall mounted mechanical -type equipment shall be installed or screened with architecturally compatible material so as not to be visible from surrounding properties and streets to the satisfaction of the Community Development Director and/or Planning Commission. Working drawings showing all proposed equipment and how they will be screened shall be submitted and approved prior to issuance of a building permit. GENERAL 11. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 12. The applicant shall comply with all Conditions of Approval of the underlying Tentative Parcel Map 28525 which conditions are included herein by reference. As expressly modified by Specific Plan 97-029. P:\CHRISTI\PCCOA-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships 13. Unless otherwise provided herein, these conditions shall apply to development of both the overall site and to individual sites within the auto mall and commercial center 14. Prior to the issuance of grading, improvement or building permits, 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 County Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District (CVWD) (Water & Sewer) - Imperial Irrigation District (IID) (Electricity) - California Regional Water Quality Control Board (NPDES Permit) Caltrans 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. The applicant shall make Storm Water Pollution Protection Plan available at the construction site for review by City representatives. IMPROVEMENT PLANS 15. Project improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading, "Precise Grading," " Streets & Drainage," and "Landscaping." All plans except precise grading plans, shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for the Community Development Director and the Building Official. Plans are not approved unless, and until, they are signed. "Street and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the CVWD. The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. P:\CHRISTI\PCCOA-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships "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. Individual site improvement plans (not including street or public facility construction) shall be submitted on 24" x 36" media. Plans for individual site improvements may be combined on a single plan provided excess clutter doesn't affect readability. Individual site plans shall include all hardscape, drainage and landscape improvements. Plans for parking areas and interior circulation routes shall include traffic striping and pavement markings, signing, pedestrian facilities, trash receptacles, and other features which may affect the safe flow of vehicles and pedestrians. All plans (except precise grading plans, if separate) 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. 17. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets form the City. IMPROVEMENT AGREEMENT 18. Improvements to be made or agreed upon, shall include removal of any existing structures or obstructions which are not part of the proposed improvements. GRADING 19. Prior to occupation of the project site or any individual 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. 20. 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. P:\CHRISTI\PCCOA-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships 21. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 96.03 and the following: 22. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall include streets within the development and extend to the centerline of public streets adjacent to the development. Highway 111 and Adams Street run off may be retained in the landscape setback. All other drainage shall be retained on site. 23. 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. 24. Retention basin slopes shall not exceed 3:1 on private property, 5:1 on public property. Retention depth shall not exceed six feet on private property, two feet on public property. 25. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 26. 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. 27. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 28. If the applicant proposes drainage of Stormwater 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. If the drainage will directly or indirectly enter public waterways, the applicant and, subsequently, the Property Owners' Association, shall be responsible for any sampling and testing of effluent which may P:\CHRISTI\PCCOA-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships required under the City's NPDES Permit, or other City- or area -wide pollution prevention program and for any other obligations and/or expenses which may arise from such discharge of the development's stormwater or nuisance water. The CC & Rs for the development shall reflect the existence of this potential obligation. 29. For individual auto sales & service sites and other sites where stormwater contaminants are typically produced or deposited, all washdown water and runoff from service, and fueling shall be routed through oil/water separation devices approved by the City prior to disposal in retention/percolation facilities. The applicant and, eventually, the Property Owner's Association, shall schedule regular inspections of the separation devices to ensure that accumulations of petroleum products and contaminated runoff are pumped from the devices and disposed of in accordance with law STREETS AND TRAFFIC 30. All new streets in this development shall be constructed to their full width including curb, gutter, and sidewalk on both sides. 31. The geometry of the round about proposed at the intersection of Auto Centre Drive and Auto Centre North shall be approved by the City Engineer including crosswalk locations. LANDSCAPING 32. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and retention basins shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 33. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 34. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs or sidewalks along public streets. P:\CHRISTI\PCCOA-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships 35. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 36. The applicant shall provide landscape improvements in the perimeter setback areas along Highway 111 and on the east side of Adams Street. Undulating mounding shall be an average minimum of three feet in height including the setback along the CVWD well site. 37. If the landscape and lighting designs permit, clusters of trees shall be proposed around each light pole along the east perimeter wall, adjacent to Adams Street (Parcels 5, 6, & 7). 38. Prior to issuance of a building permit the landscaping plans shall be modified as follows: A. Eliminate the plants not listed in the Highway 111 Design Guidelines plan pallette. B. Replace the Hybrid Mesquite trees with the following trees listed in the Highway 111 Design Guidelines plan pallette. Double the number of trees proposed along Highway 111 for a total of 64 trees between Adams Street and La Quinta Drive. QUALITY ASSURANCE 39. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 40. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. FEES AND DEPOSITS 41. 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 applies for plan checking and permits. FIRE MARSHAL 42. Schedule "E" fire protection approved Super fire hydrants, (6" x 4" x 2Y2" x 2Y2") 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. PACHRISTI\PCCOA-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships 43. The water mains shall be capable of providing a potential fire flow of 5000 g.p.m. and an actual fire flow available from any two hydrant shall be 2500 g.p.m. for a 2- hour duration at 20 p.s.i. residual operating pressure. 44. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to 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." 45. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. BUILDINGS/FACILITIES 46. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended 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 the Riverside County Fire Department for ordering the Key Switch. This form must be authorized and signed by that office for the correctly coded system to be purchased. MAINTENANCE 47. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on -site improvements. MISCELLANEOUS 48. Prior to issuance of building permits the building elevations shall be modified as follows: A. La Quinta Chrysler Center: 1. Add a wainscot consisting of a different type of concrete block. 2. Add a trellis to cover the vehicle display area at the northwest corner of the property. P:\CHRlSTl\PCCOA-SDP97-603.wpd Planning Commission Resolution 98- Site Development Permit 97-603, Amendment #1 Conditions of Approval - Auto Dealerships B. Torre Nissan: 1. Insert the window on the north elevation as shown on the floor plans. 2. Specify a tile band (width, color, and material to be determined) around the roof parapet. The tile band is not recommended around the service area but recommended along the western portion of the north elevation continuing around the facade and terminating at the end of the overhang on the south elevation. 3. Provide a stucco cantilever overhang on the north elevation, specifically located on the wall plane with the receiving roll up and two man doors. C. Mazda Superstore: 1. Provide a tile inset along the stucco parapet roof. 49. The six foot high wall along Adams Street shall include a minimum two foot high berm for a total of eight feet in height south of Avenue 47 and the south property line. 50. Developer (or property owner) agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 51. In the event of a conflict between the conditions listed herein and the provisions of the Development Agreement between the applicant and the City, the provisions of the Development Agreement shall prevail unless such action or interpretation would result in violation of any applicable local, State, or federal law. P:\CHRISTI\PCCOA-SDP97-603.wpd Stamko Development,Co. a California limited partnership By: Its general. partner Kestam Corporation a California corporation By Christine F. Clarke President The Juvonen Living Trust UTA By [40012.011 10 By Christine F. Clarke Secretary EXHIBIT "C" RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO ) AND MAIL TAX STATEMENTS TO: ) City of La Quinta ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attn: City Clerk ) (Space above for Recorder's Use) RESTATED AND AMENDED DEVELOPER LEASE AGREEMENT THIS DEVELOPER LEASE AGREEMENT ("Agreement") is entered into as of the day of , 1998, by and among the City of La Quinta, a charter city ("City") and Stamko Development Co., a California limited partnership ("Developer") with reference to the following: RECITALS A. WHEREAS, Developer is the fee owner of certain property located in the City ("Project Site"), which Project Site is legally described on Exhibit "A" attached hereto and as further described in the Specific Plan for the three alternatives which include three car dealerships in Planning Area 1; and B. WHEREAS, in connection with the development of the Project, Developer intends to dedicate and convey certain real property adjacent to Adams Street to the City and certain property adjacent to Highway 111 to the State for public facilities ("Dedicated Property"), which Dedicated Property is described on Exhibits "B-1" and "B-2" attached hereto and depicted on Exhibits "C- I" and "C-2" attached hereto; and C. WHEREAS, the City and State currently own certain rights -of -way adjacent to the Project Site along Adams Street and Highway 111 ("Existing Rights -of -Way"), which Existing Rights -of -Way are described on Exhibit "D-1" and "D-2" attached hereto and depicted on Exhibits 64E-1 " and "E-2"; and D. WHEREAS, the City desires, subsequent to acquiring the Dedicated Property from Developer, to lease the Dedicated Property and the Existing Right -of -Way, to Developer, for purposes of having Developer construct thereon certain public facilities ("Public Facilities"), which Public Facilities are described on Exhibit "F" attached hereto; and CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd I E. WHEREAS, Developer has agreed to construct the Public Facilities on the Dedicated and Existing Right -of -Way Property, and then to sublease the Public Facilities to the City pursuant to this Agreement for the benefit of the public and in furtherance of public purposes of the City; and F. WHEREAS, Developer and City first approved a form of this Agreement on July 21, 1997; and G. WHEREAS, due to economic conditions beyond the control of Developer, the original form of this Agreement has become impractical and infeasible to perform; and H. WHEREAS, the City believes that a revision to the original terms of the form of this Agreement is in the best interest of the City and its general health, safety and welfare; NOW, THEREFORE, for and in consideration of the mutual covenants and agreement herein contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Agreement" shall mean this Developer Lease Agreement. (b) "Base Rental Payments" shall mean the rental payments payable by the City to Developer pursuant to the Public Property Sublease, as described herein. (c) "City" shall mean the City of La Quinta, California, a charter city duly organized and existing under the laws of the State of California, and its successors and assigns. (d) "Dedicated Property" shall mean that certain real property as described on Exhibits "B-1" and "B-2" and depicted on Exhibits "C-1" and "C-2", which real property shall be conveyed by Developer to the City and for the State pursuant to the terms of this Agreement. (e) "Developer" shall mean Stamko Development Co., a California limited partnership. (f) "Existing Right -of -Way" shall mean the existing right-of-way currently owned by the City, as described in recital paragraph C hereof. (g) "Interest Component" shall have the meaning set forth in Section 7 hereof. (h) "Lease Commencement Date" shall mean that date upon which the City accepts Developer's dedication of the Dedicated Property. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 2 (i) "Leasehold Value" shall have the meaning set forth in Section 7 hereof. 0) "Principal Components" shall have the meaning set forth in Section 7 hereof. (k) "Project" shall mean the commercial facility and related improvements described in recital paragraph A above. (1) "Project Site" shall mean the real property described on Exhibit "A". (m) "Public Facilities" shall mean the public facilities to be constructed on the Dedicated Property and the Existing Right -of -Way by Developer on the Public Property described on Exhibit "F" attached hereto. (n) "Lease" shall mean the portion of this Agreement which constitutes the lease of the Dedicated Property and the Existing Right -of -Way by City, as lessor, to Developer, as lessee (see Section 3 below). (o) "Sublease" shall mean the portion of this Agreement which constitutes the sublease of the Dedicated Property and the Existing Right -of -Way by Developer, as sublessor, to City, as sublessee (see Section 5 below). (p) "Rental Period" shall have the meaning set forth in Section 7(b)(3) hereof. (q) "Sales and Use Tax" shall mean the 1% sales and use tax imposed and received by the City under authority granted to the City pursuant to Section 7201 of the California Revenue and Taxation Code. (r) "Sales and Use Tax Revenues" shall mean any revenues collected by the City pursuant to Sales and Use Tax as described above as a result of commercial activity generated by this Project on this Project Site. (s) "Specific Plan" shall mean the Specific Plan approved by the City Council on , 1998. (t) "Sublease Commencement Date" shall mean that date upon which the City accepts the Public Facilities as being complete. (u) "Term of this Agreement" shall mean that period of time commencing as of the date of this Agreement and terminating as of the date of termination of the Public Property Sublease. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 3 Section 2. Conveyance of Dedicated Property. Developer shall convey or cause to be conveyed to the City or its designee, and the City or its designee shall accept conveyance of, the Dedicated Property, for public purposes, prior to Developer's seeking building permits for the construction of any portion of the Project. Developer covenants that prior to conveying the Dedicated Property to the City or its designee, and provided that the City performs its obligations as set forth in Section 7 of this Agreement, Developer shall own fee title to all of the Dedicated Property, and that such Property shall be conveyed to the City or its designee free and clear of all liens and encumbrances, except those approved in writing by the City. Such conveyance of the Dedicated Property from Developer to the City or its designee shall be deemed to be and is a condition precedent to the rights and obligations of the parties under the terms of this Agreement, provided however, that such conveyance shall not be a condition precedent to those obligations of the City under Section 7(b)(2) of this Agreement. Upon the Developer's conveyance of the Dedicated Property to the City or its designee, this Agreement shall be recorded in the Official Records of the County of Riverside, California. Section 3. Public Property Lease. Effective upon the conveyance of the Dedicated Property to the City, or its designee, as described above, the City (or its designee) hereby leases the Dedicated Property and Existing Right - of -Way to Developer and Developer leases the Dedicated Property and Existing Right -of -Way from the City, or its designee, on the terms and conditions set forth in this Agreement. Rent for the entire term of the Lease shall be an advance payment by Developer to the City of the sum of $1.00. The term of the Lease shall commence on the date that the City or its designee accepts conveyance of the Dedicated Property and continue until the termination of the Sublease, as described in Section 5 herein, and, upon termination of the Sublease, the Lease shall likewise terminate. Section 4. Construction of Public Facilities. (a) Developer's Obligations. Developer shall finance and construct on the Public Property all of the Public Facilities described on Exhibit "F" attached hereto. In general, the Public Facilities shall consist of: Highway III from Adams Street to La Quinta Drive; Adams Street/Highway 111 intersection; Adams Street from Highway 111 to 47`' Street, including center median; La Quinta Drive/Highway I I I intersection. The Public Facilities shall be constructed concurrently with the Planning Area I of the Project which includes a minimum of three auto dealerships. In connection with the Public Facilities, Developer shall do the following: (1) prepare plans and specifications for the Public Facilities in accordance with City standards, and submit such plans and specifications to the appropriate City departments for review and approval; CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 4 (2) provide the City with twenty (20) days written notice prior to the commencement of construction; (3) secure all necessary licenses, permits, rights of way, and rights of entry as may be reasonably necessary for construction; (4) prior to commencement of construction, Developer shall provide the City with faithful performance and material payment bonds or other security as approved by City, each in the amount of 110% of the estimated cost of construction, as determined by the City; the survey, amount and form of such bonds shall be subject to the approval of City Attorney; and such bonds shall remain in full force and effect until the Public Facilities are accepted by the City, at which time such bonds may be reduced to 10% of the cost of construction for a period of one (1) year to guarantee against any defective work, labor or materials; (5) provide workers' compensation insurance for all Developer employees working on construction, in amounts as required by California law; (6) provide and maintain comprehensive liability insurance which shall name both Developer and the City as insureds, and which shall provide coverage from personal injury claims, including accidental and/or wrongful death, and claims for property damage which may arise directly or indirectly from Developer's construction work, or the performance of Developer's obligations hereunder, whether such construction and performance is done by Developer, or any constructor, subcontractor or other party employed directly or indirectly by any of them; such insurance shall provide for limits of not less than $2,000,000 per occurrence and shall further provide that the issuing company may not cancel, modify or terminate coverage unless it shall have given the City thirty (30) days' prior written notice of such cancellation, tennination or modification; Developer shall assure that the insurance required by this section shall remain in full force and effect throughout the construction of the Public Facilities, and Developer's failure to do so shall be deemed a material breach of this Agreement; and (7) upon completion of construction, convey to the City, in form and substance acceptable to City Attorney, all rights of way and easements deemed necessary, by the City Engineer, in its reasonable discretion, for the operation and maintenance of the Public Facilities, including ingress and egress easements as may be reasonably need for storm drain operation and maintenance. (b) City's Obligations. In connection with Developer's construction of the Public Facilities, the City shall do the following: (1) review and either approve or provide comments for necessary revisions for the plans and specifications for the Public Facilities prepared by Developer in a timely manner prior to the commencement of construction of said Public Facilities; (2) inspect the construction of the Public Facilities as required; and CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 5 (3) upon completion and acceptance by the City of the Public Facilities and conveyance of all required rights of way and easements, accept full responsibility for operation and maintenance of the Public Property and Public Facilities, except as to parkway maintenance responsibilities adjacent to Highway I I I and Adams Street as outlined within the Specific Plan and Covenants, Conditions and Restrictions which shall remain the responsibility of the Developer or its successors and assigns (i.e., Property Owner Association). Section 5. Public Property Sublease. Effective upon the completion of the Public Facilities, Developer hereby subleases the Public Facilities constructed on Adams Street (Exhibits "B-1" and "C-1") to the City and the City hereby subleases the Public Facilities construction on Adams Street (Exhibits "D-l" and "E-1") from Developer on the terms and conditions set forth in this Agreement. The Public Facilities shall be deemed to be "complete" upon final inspection and acceptance by the City. Concurrently, the Public Facilities constructed on Highway III (Exhibit "B-2", "C-2" and "D-2" and "E-2") shall be transferred to the State of California. Section 6. Term of the Sublease. The Sublease shall begin as of the Sublease Commencement Date as defined in Section 1(t) hereof. The Public Property Sublease shall end on the earlier of (1) December 31, 2011; or (2) if the prepayment option is exercised. Section 7. City's Obligation under Sublease. Under the terms of the Sublease, the City shall perform the following obligations: (a) Prepayment of Certain Sublease Payments. (1) Initial Prepayment. Concurrent with the transfer of property to the three auto dealers in Planning Area 1 of the Project, the City shall provide a prepayment of a portion of the Sublease rent, to Wells Fargo Bank as a third party administrator ("Administrator"), in an amount equal to One Million Dollars ($1,000,000)(the "Prepayment Amount"). Within twenty-four (24) hours of City providing the Prepayment Amount to Administrator, Developer shall provide an amount equal to Eight Hundred Thousand Dollars ($800,000) to the Administrator. The combined amount of $1.8 million shall be used to reimburse Developer for the cost of constructing the Public Facilities specified on Exhibit "F". Reimbursement draws shall be provided upon proof of actual expenses and shall be verified by the City and its Consultant hired for that purpose. Reimbursed amounts shall be funded on a pro rata basis from the $1.8 million total within thirty (30) days following submission of request for reimbursement draw and submission of documentation. Any amounts not necessary for the construction of the Phase I improvements as specified on Exhibit "F" shall be refunded back to City and Developer on a pro rata basis. In the event that the $1.8 million is not sufficient to complete the Phase I infrastructure improvements, the Developer shall be solely responsible for any additional amounts. Developer shall bid the project to a minimum of five (5) qualified firms. The specifications for the bid shall separate public and private improvements and shall be approved as to form by the City Engineer prior to bid. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 6 (2) Subsequent Prepayment. The City has the right but not the obligation to prepay either the Base Rental Payments or the Supplemental Rental Payments. In the event of a determination to prepay, the schedule attached hereto as "Exhibit G" and incorporated by this reference shall be used to determine prepayment amounts. In the event that the City elects to prepay the entire payment, the Sublease would be terminated. (b) Rental Payments. The City agrees to pay to Developer, on a quarterly basis, rental payments ("Rental Payments") for the applicable rental period or portion thereof throughout the term of the Sublease. All Rental Payments shall be allocated as set forth in this Section 7. Rental Payments shall potentially include Base Rental Payments and Supplemental Rental Payments. (1) Amount of Base Rental Payments. Base Rental Payments shall be calculated as follows: From the Sublease Commencement Date and continuing through the term of the Public Property Sublease, Base Rental Payments shall be thirty-three percent (33%) of the Sales and Use Tax Revenues generated by businesses or activities located on the Project Site up to a maximum amount of One Hundred Twenty -Two Thousand Two Hundred and Fifty Dollars ($122,250) in any twelve (12) month period of the Sublease. In any twelve (12) month period where the Base Rental Payment is less than $122,250, the amount which is the difference between the amount paid and the $122,250 shall be forgiven and shall be deducted from the First Principal Component, as if paid in full. (2) Amount of Supplemental Rental Payments. Supplemental Rental Payments shall be contingent upon a minimum annual Sales and Use Tax Revenue payment to the City of Five Hundred Thirty Thousand Dollars ($530,000), adjusted annually by the CPI index for Riverside and San Bernardino counties for that year. If the threshold is met, a payment of Seventy - Six Thousand Four Hundred Eleven Dollars ($76,411) shall be made for that year. There shall be ten (10) annual payments of Supplemental Rental Payments. The first annual Payment shall be due on the first anniversary date of the first twelve (12) months following the first full calendar quarter in which Sales and Use Tax Revenues are generated by businesses or activities located on the Project Site. In any year the minimum annual Sales and Use Tax fails to meet $530,000 this payment, including interest, shall be forgiven (3) Time for Payment. The City's obligation to pay Base Rental Payments shall begin on the Sublease Commencement Date. The City shall make quarterly Base Rental Payments to Developer for each rental period ("Rental Period") or portion thereof, which Rental Period shall consist of each calendar quarter. Each Base Rental Payment for a Rental Period shall be due to Developer Forty -Five (45) days after the City receives its Sales and Use Tax Revenue Reconciliation Report for the Rental Period. (4) Form of Rental Payments. Each Base Rental Payment and/or Supplemental Rental Payment shall be paid in lawful money of the United States of America, by warrant or check drawn against funds of the City, and mailed or delivered to the address provided for Developer in Section 16 of this Agreement. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 7 (5) Records Required. If requested by the City, Developer shall provide, or cause each business or activity located on the Project Site to provide, to the City, all Sales and Use Tax information. Generally, the City shall rely on the Sales and Use Tax information supplied by the State and the City's accountant consultants. The City shall maintain sufficient records and accounts to separately identify all Sales and Use Tax Revenues paid to it from businesses and activities located on the Project Site, and shall provide to Developer, at the time of making each Rental Payment, a written accounting with respect to each Payment. (6) Certain Definitions. As used in this Agreement, the following will have the indicated meanings: "First Principal Component" means the amount of $800,000. ii. "Second Principal Component" means the amount of $500,000. iii. "Principal Components" means the total of both First Principal Component and Second Principal Component. iv. "Interest Component": Simple interest on the Principal Components which shall accrue at the rate equal to eight and one-half percent (8.5%) per annum payable as provided in this "Agreement until the Principal Components are paid or forgiven in full. V. "Leasehold Value" means the total of the Principal Components and the Interest Component. Section 7. Limit on Total Payments. Notwithstanding anything to the contrary herein, the Rental Payments payable by the City to Developer during the term of the Public Property Sublease shall not exceed the full amount of the Leasehold Value and are specifically limited to Sales and Use Tax Revenues as described in Section 8 herein. In the event that the Rental Payments over the term of this Agreement do not equal the Leasehold Value due to the fact that certain amounts have been forgiven as set out in "B(1)" and "B(2)", the Developer agrees that no further payments are due and all obligations of the City are satisfied. The Interest Component shall commence to accrue on the date of the Sublease Commencement Date and shall accrue until the Principal Components are paid or forgiven in full or, if the Sublease is terminated validly before such payment as provided in the Agreement then the Interest Component shall cease accruing upon the payment by City to Developer of all amounts which become due to Developer as a result of the termination of this Agreement. Section 8. Source of City's Payment Obligations. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 8 The obligation of the City to Developer to pay the Base Rental Payments and/or the Supplemental Rental Payments shall be a special and not a general obligation of the City, and shall be payable solely from the Sales and Use Tax Revenues received by the City from businesses and activities conducted on the Project Site. Prior to the time that the full amount of the Leasehold Value under this Agreement is fully paid to Developer as provided herein, the City shall not pledge or encumber the Sales and Use Tax Revenues derived or to be derived from businesses or activities operating on the Project Site so as to impair Developer's rights hereunder. During the term of this Agreement, any subsequent pledge of the Sale and Use Tax Revenues generated from the businesses and activities conducted on the Project Site shall be subject and subordinate to Developer's rights hereunder. Notwithstanding any provision herein to the contrary, in the event that the State of California's allocation of Sales and Use Tax Revenues to the City is changed, revised or otherwise amended after the date of this Agreement, the City and Developer each agree to meet in good faith to revise this Agreement to reflect as closely as possible the original intent of the parties in entering into this Agreement with respect to the allocation of Sales and Use Tax Revenues. Section 9. Right of First Refusal. As additional consideration, the City shall have a right of first refusal to purchase the lots in Phase IB for $5.57 per square foot plus 8.5% annual interest until July 1, 2000 and for Phase II parcels for $4.75 per square foot plus 8.5% annual interest until December 31, 1999. Section 10. Maintenance, Repair, Additions and Improvements to Public Facilities. (a) Operating and Maintenance Expense. Throughout the term of the Public Property Sublease, the City shall, at its sole expense, operate, maintain, repair and/or replace as necessary, the Public Facilities (subject to the Sublease related to Adams Street and not including any Public Facilities dedicated to another public entity) and insure that said Public Facilities remain in good order, condition and repair at a level of service consistent with that maintained for similar types of public improvements located elsewhere throughout the City. The parties hereto acknowledge and agree that Developer shall have no obligation to incur any expense of any kind or character in connection with the management, operation, repair, replacement or maintenance of the Public Facilities during the term of the Public Property Sublease. Throughout the term of the Public Property Sublease, the City shall keep the Public Facilities free and clear of all liens, charges, and encumbrances. Notwithstanding any damage to the Public Facilities from whatever source, the City shall, throughout the term of the Public Property Sublease, repair the Public Facilities consistent with this Section without any interruption or abatement of its rental obligations as set forth hereunder. (b) Additions and Improvements to the Public Facilities. The City shall have the right throughout the term of this Agreement, to make any additions or improvements to the Public Facilities, to attach fixtures, structures or signs, and to affix any personal property thereto, provided the use of the Public Facilities for the purposes contemplated in this Agreement is not impaired in any way. Title to all personal property placed in or on any of the Public Facilities shall remain with the City, provided however, that any modifications or improvements which constitute fixtures will C:\My Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 9 automatically become subject to this Agreement. Subject to the foregoing, the title to any personal property, improvements or fixtures which may be placed on the Property by any sublessee or licensee of the City shall be controlled by the terms of the sublease or license contract entered into by the City with such sublessee or licensee. Upon Developer's completion of construction of the Public Facilities and their acceptance by the City, Developer shall have no further obligation of any kind to make any additions, improvements, repairs or other changes to the Public Facilities. In the event that Developer elects to make additions, improvements or other changes to the Public Facilities it shall do so only with the prior written consent of the City. Any such additions, improvements or other changes shall comply with the encroachment permit rules of the City and all other applicable City building requirements. Notwithstanding the foregoing, should Developer make application for additional on site improvements beyond those contemplated by the Project, Developer may, at that time, be conditioned to make further improvements to the Public Facilities as part of the approval for such additional on site developments. Section 11. Indemnification. (a) Indemnification by the City. The City agrees for the term of the Public Property Sublease, it shall indemnify, defend and hold harmless Developer, its officers, agents, employees, directors and representatives from any loss, claim, expense, and/or penalties arising directly or indirectly from the Public Facilities and the City's operation, maintenance and repair thereof, save and except those losses, claims, expenses and/or penalties arising from the gross negligence or willful misconduct of Developer. Such indemnification shall include, without limitation, indemnification for damage or claims for personal injury, including death, and claims for property damage, and including any costs incurred by Developer in defending against same, including without limitation, actual attorneys' fees. The City represents that it is self -insured as a member of a joint powers insurance authority (the "Authority") as to public liability insurance against claims for bodily injury or death or damage to property occurring upon, or about the improvements. In the event that the City elects to purchase liability insurance in the future rather than remaining self -insured with the Authority, such liability insurance shall, during the term of this Public Property Sublease, name Developer as an additional insured to the extent appropriate to comply with the provisions of this Section 11. (b) Indemnification by Developer. The Developer agrees that throughout the term of the Public Property Lease, it shall indemnify, defend and hold harmless the City, its officers, agents, employees and representatives from any loss, claim, expense and/or penalties arising directly or indirectly from Developer's construction of the Public Facilities, committed in comiection with Developer's performance of or failure to perform its obligations under the terms of the Public Property Lease. Developer agrees that throughout the term of the Public Property Sublease, it shall indemnify and hold harmless the City, its officers, agents, employees and representatives from any loss, claim, expense and/or penalties arising directly or indirectly from Developer's gross negligence or willful misconduct committed in connection with Developer's performance of or failure to CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 10 perform its obligations under the terms of the Public Property Sublease. Such indemnification, above identified, shall include, without limitation, indemnification for damages or claims for personal injury, including death, and claims for property damage, and including any costs incurred by City in defending against same, including without limitation, actual attorneys' fees. Section 12. Sale, Transfer or Assignment. The City shall have the right to permit the nonexclusive use of all or any portion of the Public Facilities by any third party as may be necessary to serve the public purposes of the City, provided however, that no sale, transfer or assignment of all or any portion of the City's rights under the terms of this Agreement shall be construed as relieving the City from any or all of its obligations as set forth in this Agreement. Specifically, it is contemplated that all or portions of those Public Facilities to be constructed adjacent to Highway 111 shall be transferred to the State of California and removed from both the Public Property Lease and the Public Property Sublease and shall no longer be subject to any part of this Agreement relating to such Lease and Sublease after completion, however, such transfer shall not affect the obligation of the City to pay the full Leasehold Value to Developer according to the terms and limitations of this Agreement. Except as otherwise provided in this Agreement, the Developer shall not assign all or any portion of its rights and obligations hereunder to any successors -in -interest to the Project Site or portion thereof, except with the prior written consent of the City, which consent shall not be unreasonably withheld. Any such assignment shall not relieve Developer of its obligations under the terms of this Agreement, except upon express written consent of the City. Notwithstanding anything contained herein to the contrary, the Developer may, without the prior written consent of the City, assign any or all of its rights and obligations hereunder to any Affiliated Entity. For purposes of this Agreement, an "Affiliated Entity" shall mean any corporation, partnership, limited liability company or other form of business entity in which Developer has not less than a fifty percent (50%) ownership interest and not less than fifty percent (50%) management control. Any sale, transfer or assignment of the rights and obligations of either party under the terms of this Agreement shall require thirty (30) days prior written notice to the other party of such assignment, provided however, that no such prior written notice shall be required in connection with any of the following: (1) An assignment by Developer which consists of the conveyance for the purpose of securing loans to be used solely for the financing of the direct and indirect costs of the Public Facilities, including without limitation, financing costs, interest and commissions, planning, design, construction, development and leasing of the Public Facilities to be constructed by Developer, provided that the assignee of any such assignment shall receive only the right to collect Base Rental Payments due under the terms of this Agreement. (2) Transfers resulting from a sale of Developer's interest in the Public Facilities or the Public Property or any portion thereof at foreclosure (or a conveyance thereof in lieu of a foreclosure) pursuant to a foreclosure thereof by a lender. (3) Subject to the terms contained in Section 10(a) of this Agreement, the conveyance or dedications of any portion of the Public Facilities or the Public Property, the Dedicated Property or the Public Facilities, to the City or other appropriate governmental agency, or the granting of easements or permits to facilitate the development of the Project. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 11 Section 13. Eminent Domain. If the whole of the Public Facilities shall be taken under the power of eminent domain, then this Agreement shall terminate as of the date possession shall be so taken. If less than the whole of the Public Facilities shall be taken under the power of eminent domain, then this Agreement shall continue in full force and effect and shall not be terminated by virtue of such taking, and the parties hereto waive the benefit of any law to the contrary, and in such event there shall be a partial abatement of the Base Rental Payments due under the terms of this Agreement. Any award made in eminent domain proceedings for the taking or damaging of the Public Facilities, in whole or in part, shall be paid to Developer to the extent of the then remaining balance of the Principal Component of the Leasehold Value, plus any portion of the Interest Component which is then accrued but not yet paid. The amount of the award which is in excess of the sum needed to pay Developer the then remaining balance of the Principal Component, plus any accrued but then unpaid portion of the Interest Component, shall be paid to the City. Section 14. Liens. The City shall pay or cause to be paid when due, all sums of money that may become due for, or purporting to be for, any labor, services, materials, supplies or equipment alleged to have been furnished or to be furnished to or for the Public Facilities throughout the term of the Public Property Sublease and which may be secured by any mechanics', materialmen's or other lien against the Public Facilities and/or Developer's interest therein, and the City shall further cause each such lien to be fully discharged and released, provided however, that if the City and/or Developer desires to contest any such lien, that party may do so upon posting security in a form and amount acceptable to the other party sufficient to pay said sums in the event that said liens are reduced to final judgment. Developer shall cooperate with the City in its efforts to discharge and release any liens pursuant to this Section 14 and shall further discharge and release or cause to be discharged and released any liens created directly or indirectly by Developer on or against the Public Facilities. Section 15. Quiet Enjoyment. The parties hereto mutually covenant and agree that the City, by keeping and performing the covenants contained herein, shall at all times during the term of this Agreement peaceably and quietly, have, hold and enjoy the Public Facilities without hindrance or molestation by Developer or anyone whose rights arise through Developer. Section 16. Notices. All notices, demands, offers, and correspondence and other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid. Any notices sent shall be deemed received upon the earlier of: (a) If personally delivered, the date of delivery to the address of the person receiving such notice; or C:\My Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 12 (b) if mailed, three (3) business days after the date of posting by the United States Post Office, in the form of and at the address set forth below: If to the City: City of La Quinta Attention: City Manager 78-495 Calle Tampico La Quinta, California 92253 If to Developer and/or Owner: Stamko Development Co. 10100 Santa Monica Boulevard, Suite 400 Los Angeles, California 90067 Attention: Christine F. Clarke A Party may change its address by giving notice and other writing to the other Party in accordance with the notice provisions of this Section. Thereafter, notices, demands, correspondence and other communications shall be delivered to the new address. Section 17. Taxes. During the term of this Agreement, the City shall be responsible for and pay when due any ad valorem taxes, or special assessments, if any, levied upon the Public Property and/or the Public Facilities or upon any parties' interest therein. The parties hereto agree to cooperate with each other in any effort to apply for exemption from any such tax or assessment. Throughout the term of this Agreement, Developer shall pay any gross receipt taxes, income taxes or any other form of tax whatsoever which may be levied upon Developer's rental income derived from this Agreement. Section 18. Waiver. The waiver by either party of any breach by the other party of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof. To be effective, any waiver must be in writing and signed by an authorized representative of the party bound by said waiver. Section 19. Default by the City. If the City fails to pay any Base Rental Payments due hereunder within ten (10) days from the date that such Base Rental Payment is due and payable, or if the City fails to keep any other terms, covenants or conditions herein for a period of thirty (30) days after written notice thereof from Developer to the City, or if the City shall abandon or vacate the Public Facilities, or if the City's interest in this Agreement or any part thereof shall be assigned or transferred in violation of the terms of this Agreement, either voluntarily or by operation of law, then in such event the City shall be deemed to be in default under the terms of this Agreement. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 13 If the Developer sends a written notice of default as provided in the preceding paragraph, and the City fails to remedy any default described in the notice then following thirty (30) days, Developer has the right, at its option, and without further notice or demand, to do any one or more of the following (and in connection with obtaining any equitable relief, City hereby acknowledges that Developer may seek such equitable relief): (1) Take any action or legal proceeding to recover Base Rental Payments as they come due pursuant to Section 7 of this Agreement. (2) To terminate this Agreement and all rights of City under this Agreement by giving to City a written notice of termination. Upon termination, Developer may recover the worth at the time of award of any unpaid Base Rental Payments earned at the time of such termination. The "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the rate of eight and one-half percent (8.5%). The maximum amount recoverable shall be the amount of Base Rental Payments plus interest due at the time of termination. (3) If permitted under applicable law, to continue this Agreement in effect and obtain a judgment and recover the amounts set forth in Subsection (2) above. (4) Obtain a preliminary and permanent injunction from a court of competent jurisdiction directing the City to make Base Rental Payments under this Agreement as they become due pursuant to the terms and conditions of this Agreement. (5) Obtain a preliminary and permanent injunction from a court of competent jurisdiction directing the City to perform any other terms and conditions of this Agreement. (6) Recover from the City all costs and fees incurred by it (including attorneys' fees and court costs) in enforcing its rights under this Agreement, including, but not limited to collecting amounts due under this Agreement. Without limiting the generality of the foregoing, Developer shall have the remedy described in California Civil Code Section 1951.4, providing that Developer may elect to continue this Agreement in effect, after the City's breach and abandonment, and recover rent as it becomes due, if the City has the right to sublet or assign, subject only to reasonable limitations. Section 20. Default by Developer. If Developer shall fail to keep any terms, conditions or covenants contained in this Agreement for a period of thirty (30) days after written notice thereof from the City to Developer, or if Developer shall file any petition or institute any proceedings wherein Developer asks or seeks to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations, or offers to its creditors to effect a composition or extension of time to pay Developer's debts, or Developer seeks a reorganization or seeks to effect a plan of reorganization or readjustment of Developer's debts, or if any such petition or proceeding of a same or similar nature shall be filed, or instituted against Developer, and Developer shall fail to have such petition or proceeding dismissed within sixty (60) days of its filing, then and in such event Developer shall be deemed to be in default hereunder. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 14 If Developer should, after receiving written notice from the City, fail to remedy any such default within sixty (60) days of delivery of said notice (sixty-five (65) days if the notice is sent by mail), then the City shall have the right, at its option, to terminate this Agreement by delivering written notice of such intent to terminate to Developer not less than sixty (60) days prior to the effective date of such termination, and after the effective date of such termination, the City shall be relieved of all obligations hereunder, provided however, in the event that the termination occurs after the completion of the Public Facilities construction and their acceptance as complete by the City, the City shall continue to make the Base Rental Payments pursuant to Section 7 hereof for the thirteen -year term that the Agreement would have been in effect if not terminated, to Developer or its successor in interest, as long as the City continues to use the Public Facilities, Section 21. Hazardous Materials. (a) Developer's Representations. Developer hereby represents that, to the best of its knowledge, the Dedicated Property is not in violation of any currently existing federal, state or local hazardous materials laws. Developer further agrees that it shall indemnify, protect, defend and hold harmless the City from and against any and all claims, liabilities, suits, losses, costs, expenses and damages arising from any breach of the above representation, including but not limited to attorneys' fees arising from any claim for loss or damage to property, including the Dedicated Property, and the improvements thereon; for personal injury or death of persons; or for the cost of remediation necessitated by the presence of hazardous materials which existed on the Dedicated Property prior to the Commencement Date of the Public Property Sublease and not otherwise resulting from the City's use or possession of the Dedicated Property. (b) Ci , 's Representation. City hereby represents that, to the best of its knowledge, the property constituting the Existing Right -of -Way is not in violation of any currently existing federal, state or local hazardous materials laws. City further agrees that it shall indemnify, protect, defend and hold harmless the Developer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages arising from any breach of the above representation, including but not limited to attorneys' fees arising from any claim for loss or damage to property, including the Existing Right -of -Way, and the improvements thereon; for personal injury or death of persons; or for the cost of remediation necessitated by the presence of hazardous materials which existed on the Existing Right -of -Way prior to the commencement date of the Public Property Lease and not otherwise resulting from the Developer's use or possession of the Existing Right -of -Way. Section 22. Attorneys' Fees. In any action or arbitration arising directly or indirectly out of the terms of this Agreement, the prevailing party shall be entitled to all costs and expenses, including without limitation, actual attorneys' fees and costs of suit whether in equity or in an action at law, as may be necessary to enforce the terms and conditions of this Agreement. Section 23. Option to Purchase. The City at any time during the term of this Agreement, shall have the option to purchase the Public Facilities in the manner provided in this Section. The City may exercise its option to purchase the Public Facilities by giving Developer not less than sixty (60) days' prior written notice C:\My Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 15 of its intent to exercise such option. The City's notice of intent to exercise its option shall specify the date upon which the purchase shall occur ("Purchase Date"), which Purchase Date must coincide with the due date for the City's payment to Developer of a Base Rental Payment as such dates are defined in Section 7 of this Agreement. Upon exercising its option to purchase the Public Facilities, the purchase price ("Purchase Price") to be paid by the City to Developer shall be equal to the outstanding balance, as of the Purchase Date, of the Principal Components of the Leasehold Value attached hereto, plus any portion of the Interest Component which is accrued and unpaid on the Purchase Date. On the Purchase Date, the City shall pay the full amount of the Purchase Price to Developer in immediately available funds, and the City shall also pay at that time, in cash or other immediately available funds, the amount of any Base Rental Payments which have accrued prior to the Purchase Date, but which Base Rental Payments have not yet been paid to Developer. Upon the City's exercise of its option and upon the City's payment to Developer of the Purchase Price and Base Rental Payments as provided under the terms of this Section 23, all right, title and interest of Developer in and to the Public Property and the Public Facilities shall be transferred to the City "as is" and without warranty. Section 24. Recordation and Filing. Upon full execution of this Agreement, Developer shall record this Agreement in the Official Records of the County Recorder for the County of Riverside, California. Section 25. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with reference to the subject matter hereof, and supersedes all negotiations or previous agreements between the parties with respect to all or any portion of the subject matter hereof. Section 26. Validity and Severability. If any one or more of the terms, provisions, promises, covenants or conditions contained in this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a final decision of a court of competent jurisdiction, then each of the remaining terms, provisions, promises, covenants and conditions contained herein shall remain unaffected thereby and shall be valid and enforceable to the fullest extent permitted by law. If for any reason this Agreement shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable by Developer or by the City, or if for any reason it is held by such a court that the covenants and conditions of the City or Developer hereunder, including covenants to pay rents as set forth in this Agreement, are unenforceable for the full term hereunder, then and in such event for and in consideration of the right of the City to possess, occupy and use the Public Facilities and the right of Developer to occupy the Project, which rights in such event are hereby granted, this Agreement shall thereupon become and shall thereafter be deemed to be a lease from year to year under which the annual rentals herein specified will be paid by the City and Developer respectively. Section 27. Headings. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 16 Any headings contained in this Agreement are solely for the purposes of convenience of reference and shall not constitute a part hereof nor shall they be utilized to interpret any term or condition contained in this Agreement. Section 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and all of which when taken together shall be deemed a single original. Section 29. Governing Law. This Agreement shall be construed and governed by the laws of the State of California. Section 30. Time of the Essence. Time is of the essence with respect to this Agreement. Section 31. Amendments. This Agreement may be amended at any time, and from time to time provided, however, that no amendment of this Agreement shall be effective unless such amendment is in writing and signed by all parties hereto. Section 32. Other Documents. The parties hereto agree that each shall, concurrently herewith or at any time hereafter, upon reasonable demand by the other, execute any other documents or instruments and do or cause to be done any other acts as may be necessary or convenient to carry out the intent and purposes of this Agreement. Section 33. Successors. Subject to the provisions contained herein, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. Section 34. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (a) the party is duly organized and existing; (b) they are duly authorized to execute and deliver this Agreement on behalf of said party; (c) by so executing this Agreement, such party is formally bound to the provisions contained herein; (d) the entering into of this Agreement does not violate any provision of any other agreement to which that party is bound; and (e) there is no litigation nor legal proceeding or other legal impediment which would prevent the parties from entering into this Agreement. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 17 Section 35. Exhibits and Recitals. The Recitals contained in this Agreement, and each and every one of the Exhibits referenced in this Agreement shall be deemed to be incorporated herein by this reference. The Exhibits attached hereto are as follows: Exhibit Description "A" Legal Description of Project Site 44B-1 " Legal Description of Right -of -Way Dedication (Adams) 64B-2" Legal Description of Right -of -Way Dedication (Highway 111) "C-1" Depiction of Right -of -Way Dedication (Adams) 64C-2" Depiction of Right -of -Way Dedication (Highway 111) 44D-1" Legal Description of Existing Right -of -Way (Adams) 64D-2" Legal Description of Existing Highway 111 Right -of -Way 46E-1" Depiction of Existing Right -of -Way (Adams) 44E-2" Depiction of Existing Highway 111 Right-of-way "F" Public Facilities CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 18 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by the proper officers for each of the parties and the official seals of the parties to be hereto affixed, all as of the day and year first above written. CITY OF LA QUINTA, a municipal charter city IN ATTEST: SAUNDRA JUHOLA, City Clerk APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney STAMKO DEVELOPMENT CO., a California limited partnership I0 CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd 19 EXHIBIT "A" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF PROJECT SITE PROJECT SITE IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHWEST ONE -QUARTER LYING SOUTHERLY OF STATE HIGHWAY 111 AND THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE -QUARTER OF SECTION 29; THENCE NORTH 00 20'28" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00 20'08" WEST A DISTANCE OF 1565.71 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST ONE - QUARTER OF SECTION 29; THENCE NORTH 00 20'08" WEST, ALONG THE WESTERLY LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 29, A DISTANCE OF 318.50 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2555.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 19 32'07" WEST, SAID POINT BEING ON THE SOUTH LINE OF THE STATE HIGHWAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 23, 1968 AS INSTRUMENT NO. 82038, OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 53'09", AN ARC DISTANCE OF 530.03 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND TANGENT TO LAST MENTIONED CURVE, SOUTH 82 21'02" EAST A DISTANCE OF 1287.12 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 5055.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06 03' 12", AN ARC DISTANCE OF 534.06 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 01 35' 46' WEST, SAID POINT BEING ON THE WESTERLY LINE: OF THE EASTERLY 330.00 FEET OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 29; CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd PROJECT SITE LEGAL DESCRIPTION CONTINUED THENCE PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 29 AND NONTANGENT TO LAST MENTIONED CURVE, SOUTH 00 13'55" EAST A DISTANCE OF 1311.87 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 29; THENCE NORTH 89 51'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 330.01 FEET TO THE NORTHWEST CORNER OF THE EASTERLY 660.00 FEET OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 29; THENCE SOUTH 00 13' 55" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 239.25 FEET; THENCE NORTH 89 51' 38" WEST A DISTANCE OF 1987.25 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS OF RECORD. COMPRISING 87.72 ACRES, MORE OR LESS. CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT `B" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT DEPICTION OF PROJECT SITE CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "C" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF RIGHT-OF-WAY DEDICATION (HIGHWAY 111) C:\My Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "D" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT DEPICTION OF RIGHT-OF-WAY DEDICATION (HIGHWAY 111) C:\My Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "E" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF EXISTING RIGHT-OF-WAY (ADAMS STREET) CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "F" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT DEPICTION OF EXISTING RIGHT-OF-WAY (ADAMS STREET) C:\My Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "G" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF RIGHT-OF-WAY DEDICATION (ADAMS STREET) CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "H" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT DEPICTION OF RIGHT-OF-WAY DEDICATION (ADAMS STREET) CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "I" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT PUBLIC FACILITIES Off -site Improvements Phase I Hwy I I I - La Quinta Drive (on -site road) west to Adams Street Hwy I I I /Adams intersection - full intersection improvements per EIR requirements Adams Street - east side improvements along entire site frontage including center median to 47th Street Phase II Adams Street from 47th to 48th Street Phase III Hwy I I I - La Quinta Drive (on -site road) east to east property line Hwy I I I median - Adams Street to east property line CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "J" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT 3. efZT7ZotbW 011J UVA Provide a copy of a completed State Board of Equalization Sales Tax Report C:\My Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd EXHIBIT "K" TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT PREPAYMENT SCHEDULE CAMy Documents\WPDOCS\DA-Lease-Amd-Stamko.wpd ATTACHMENT # cr 0 a w 3 O x z w Ln m r N � ci � �+ SE a 0 o a TO IN0IO -- W J U, F: AVENUE 48 (N O �- z z a x Ln i� w 3 ui AVENUE 50 VICINITY MAP NOT TO SCALE MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 14, 1998 10:00 A.M. CALL TO ORDER A. This meeting of the Architecture and Landscaping Committee was called to order at 10:24 a.m. by Planning Manager Christine di Iorio who lead the flag salute. B. Committee Members present: Bill Bobbitt and Dennis Cunningham. C. Staff present: Assistant City Manager Mark Weiss, Planning Manager Christine di Iorio and Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. There being no changes to the Minutes of August 24, 1998, it was moved and seconded by Committee Members Cunningham/Bobbitt to approve the minutes as submitted. Unanimously approved. V. BUSINESS ITEM: A. Site Development Permit 97-603 #1; a request of Stamko for approval of the building elevations and landscaping for three auto dealerships. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt expressed his concern on the use of Date Palms in the parking areas where there would be pedestrian traffic because of the hazards that can be incurred by the trees. He would prefer to see the Washingtonia Robusta. 3. Committee Member Cunningham stated he did not have a problem with the landscaping. He deferred to Committee Member Bobbitt expertise regarding species and uses. He did ask staff if the plans conformed to the Highway 111 Design Guidelines. CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 4. Planning Manager di Iorio stated staff s concern was in maintaining the objective of the Highway 111 Design Guidelines. Staff is recommending the applicant stay within the plant palette listed in the Guidelines to retain the desired landscaping for Highway 111. The other issue of concern to staff is the lack of berming to shield the view into the dealerships from Highway 111 and the use of retention basin along Highway 111. The applicant's plans are not consistent with the Guidelines and the Zoning Code states: "....retention shall only accommodate water falling within the fifty foot landscape and right-of-way drainage as well, or retention, and not anything from the parking lots." As proposed, the northern portion of each of the three auto dealerships will drain into Highway 111 landscape setback. 5. Committee Member Cunningham clarified that the issues in front of the Committee were the retention basin and the Highway 111 Guidelines. The first issue, retention basin, is governed by the Zoning Ordinance and not really a discussion for this Committee. The second issue is the Guidelines. Planning Manager di Iorio replied this was correct. 6. Committee Member Cunningham stated that in regard to the Guidelines, it was his understanding that the Guidelines were established to provide direction for developers of what the City wants Highway 111 to look like, but this is not necessarily cast in stone. In looking at the Auto Mall plans consideration should be given to its location. From a historical standpoint, up until 1990, the development on Highway 111 consisted of the Von's Plaza; which had that early California look, that tied in with the ]La Quinta Hotel, and Simon Motors. Then across the street was WalMart and Albertsons with a more Southern California Contemporary Spanish look, which is fairly standard. Now, we have that Early California look on one end and then we start blending into more of what you normally see in Southern California, the architectural look of the Spanish Contemporary. So, at one end of the street is Simon Motors which has its cars where you can see them from the street and is a flat area. Then you move on toward Eagle Hardware which has all the landscaping and the berming in the front. Issues have been brought up that the dealerships not look like Home Depot. I'm not so opposed to the idea of it not being mounded as long as the landscaping ties it all together and creates a look that's cohesive. As to Guidelines, guidelines are something to start with. I am not opposed to the fact that they do not have berms, as long as the landscape ties together. This is a big complex. There are a lot of things to take into consideration. The retention basin is another issue. 7. Committee Member Bobbitt asked if the Guidelines were approved since the applicant initially submitted this project? Planning Manager di Iorio replied that we had been working with the Guidelines at the time of the review of this project last year. CAMy Documents\WPDCCS\ALRC-9-14-98.wpd 2 8. Committee Member Bobbitt commented the architecture looked like every other auto dealership. He tended to agree that Highway 111 was becoming a little bit "hodge-podge", going from the Spanish architecture of Von's down to the Home Depot center. As to the landscaping plans, they look fine, except there appear to be a few too many trees in some of the areas along the perimeter. He also commented that if he was the owner he would want the area open and the cars visible. He did not think that an auto dealership, inherently, as an ugly thing, but in Indio there are definitely some ugly auto dealers. This would certainly be a vast improvement over those. As to the retention basin, is it in an acceptable location or is staff requesting it to be moved to the corner to have more room for mounding along that edge? 9. Planning Manager di Iorio replied this was the issue. The proposal is unable is unable to provide additional mounding because the area is serving as a retention basin for the site, the northern portion of the auto dealers. 10. Committee Member Bobbitt asked staff where this water would drains to? 11. Planning Manager di Iorio replied the drainage for Highway 111 goes into the retention areas. 12. Mr. Chris Schultz said this was not correct for all three parcels. Highway 111 is super elevated to the north side for Parcels 1, 2, 3. So, all the runoff on Highway 111 is conveyed to the north side of the street and we don't pick up any water from Highway III until we get to the next phase of the development to the east. These three parcels do no have a requirement to accept any Highway 111 runoff. 13. Committee Member Bobbitt said his question was how big are the retention basins were, where they are to be located, and whether the water from these parking areas exit the property onto to Highway 111 and then re-enter the property? 14. Mr. Shultz explained that it would not; it was self-contained. The water would be retained within the perimeter landscape setbacks. 15. Committee Member Bobbitt stated that in regard to the architecture, he would prefer something a little bit more Spanish. He's not going to fight this design, it's a pretty typical auto dealership look to him. 16. Committee Member Cunningham asked staff if the issue with the landscaping was specifically that it was not bermed in the front. 17. Ms. Chris Clarke, the applicant, explained they had designed the landscaping in keeping with the Guidelines. She went on to give her concept of an auto mall. In her opinion, an auto mall with flowering trees in the parking lots does not work. If the wind blows anywhere within 40 feet of the cars they CAMy Documents\WPDOCS\ALRC-9-14-98.wpd have dirty cars that are always in need of cleaning. What they did do was try to accommodate flowering trees on the corners. We will be setback tremendously. In comparison, in the last six months Cathedral City has taken its walls down because they realized that they made a mistake. You don't put auto malls behind walls where people cannot see them. As far as the retention was concerned, as Chris Schultz, Project Engineer, will tell you, we do not accept any water from Highway 111. We designed it in a way to accept water from the north side and we will accept all the water on the rest of the parcel. The problems with this site is that it falls off six -and -half -feet just to here. So, it's very difficult to pull a berm up to a five foot berm or a three foot berm because we've got to get back to grade down here and what's driving us is Adams Street. What we did do was circle some areas where potentially we can bring out some berming higher than it is. Again, we spent a lot of time designing this and we understand what the City's Guidelines are, but we also understand that this is a very different commercial site and cannot be compared to an Eagle Hardware or Home Depot. It's an auto mall where their product is sold from the parking lot and actually will look a lot better with the new cars. Also, wherever you see the berms, whether they're two foot berms or three foot berms you've got to remember on top of those berms are going to be shrubbery so you can get to five feet. There are, however, areas highlighted on the plans where we can create some larger berms. 18. Committee Member Bobbitt stated he could accept their argument about not using the flowering trees versus the Mesquite. But the Mesquites can be messy as well, and they have very tiny little leaves that get into every nook and cranny of your car if you park under one or anywhere near it. He did not believe this was a viable alternative. In addition, the Mesquite trees can blowing over and cause problems, especially with the drip irrigation system, they do not tend to root very well and can be high maintenance. 19. Ms. Clarke stated she would be open to any alternative nonflowering trees. The last thing the dealers want are messy or high maintenance trees. 20. Mr. Shepardson, landscape architect for the project, commented that blooming trees cause more of a problem from staining than the Mesquite leaves. Their watering system for the Mesquites are deep to promote a deep root growth to avoid the toppling of trees which you can have from surface watering. There are things we are trying to do that will help to curb the issues brought up by the Committee. We are trying to keep consistent with somewhat of a desert theme. This is why we are using Blue Palo Verdes as our flowering tree and the Mesquites as our non -flowering tree. There are not too many trees that you'll find that are clean, perfect trees unless you get into the silk varieties. 21. Committee Member Bobbitt replied that his point was well taken. People are continually asking him for trees that are not messy and he is yet to come up with one He continued by commenting on the proximity of the trees to the cars. He stated that some of the trees were going to have fairly big canopies CAMy Documents\WPDOCS\AL.RC-9-14-98.wpd 4 and without maintenance. The problem is that the applicant can plant what the City requires and after the fact they can trim them back till they are only twigs and stumps which also defeats the City's goal. 22. Mr. Shepardson replied that maintenance was a key issue. Money would have to be spent to protect their investment, but some people don't realize that and will go with the cheapest bid and worst look. 23. Committee Member Bobbitt asked where the City stood on the flowering trees. He had read staff s recommendations and the Highway 111 Guidelines called for more flowering trees but, asked if there was a compromise. Could the trees be planted- in such a manner that they did not overhang on the cars or, maintained in such a manner that they did not rot directly over the cars. As the prevailing winds usually travel west to east, they most likely would not have a problem with the leaves. 24. Committee Member Cunningham asked if there reasoning for using the Mesquites was because it was the lesser of the evils? Mr. Shepardson replied it was consistent with the theme they were trying to create. 25. Committee member Cunningham asked if the Mesquite trees were on the Guidelines. Mr. Shepardson relied they were not. 26. Committee Member Bobbitt suggested the applicant consider the Chillensas. They do drop a bean pods, don't blow around, and would not get on the cars. He did not believe that would achieve anything by using a Mesquite tree. He would prefer to see a tree with a larger leaf, and from a maintenance standpoint, it would be easier to keep a car clean with something that has a larger leaf. 27. Mr. Shepardson commented that most trees within the desert palette are small leaved, unless you use something that is a little more lush in character. 28. Committee Member Bobbitt stated he did not have a problem with the Mesquite, but they can be a maintenance problem. He was torn between what the City Guidelines required, and the maintenance of the landscaping. 29. Committee Member Cunningham asked why the Mesquite trees were not included in the Guidelines? There are other trees on the Guidelines that are non -flowering. 30. Planning Manager di Iorio answered that all the trees noted in the Guidelines are flowering. The original concept is to have the trees flower at different times of the year. It is up to the applicant to do a mixture to achieve a look that has some variety of trees that will flower all year long. CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 31. Committee Member Bobbitt asked if the trees could be relocated to accomplish both goals. Mr. Shepardson commented that one problem was the locations on top of the berms was where most of their signage was to be placed. If trees are planted there, you will blocking the signage and create another problem. Discussion followed as to alternative sites for the landscaping. 32. Mr. Shepardson continued that a lot of thought was put into the natural movement of the site and where the locations of the display areas versus the new car parking spaces were located. 33. Committee Member Cunningham stated he liked the concept of the site and the appearance of the higher display pads. 34. Planning Manager di Iorio stated the pads were not higher, but were at curb level. 35. Mr. Shepardson corrected her saying they could be as much as a foot higher than the lot behind them. 36. Chris Clarke commented that the Specific Plan limits the height of the display pads to 12" from the grade. Planning Manager di Iorio stated the applicant had not planned on utilizing the elevation change due to safety issues. Ms. Clarke agreed saying the dealerships do not want people falling off their display pads. 37. Committee Member Cunningham restated that the pads were up about 12" and then you drop back down to grade. Mr. Shepardson gave an overview of the landscaping site. 38. Committee Member Cunningham stated he agreed with the Guideline, and the berming was good, but the entire project needs to be looked at to create an overall blending affect. He did not believe the applicants were that far outside of what should happen at this site. He felt the project looked good. He agreed with Committee Member Bobbitt that he would prefer to see an Early California Colonial or Spanish architecture, but that whole theme got lost right after the Von's Plaza. The other developments did not carry on with this theme and in his estimation, you can't ask the applicant to continue on with a theme that others did not follow. He went on to point out that the Torre Nissan building looks a lot like the Desert Sands Unified School District building. He then went on to discuss the areas with the flowering trees. He asked if there were a number of flowering trees that were part of this project? Planning Manager di Iorio replied they have two trees at each of the intersections which are Palo Verdes and are showing an Acacia tree on Highway 111 and Adams Street and those are the trees that the applicant noted as using and there are about eight of them that are flowering. CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 6 39. Mr. Stephenson went on to give a detailed explanation of where the trees were located on the site. 40. Chris Clarke explained that most of the flowering trees were located on the perimeter of the site. 41. Planning Manager di Iorio told the Committee Members that when the Guidelines were written the areas at the intersections were to be Palm Trees because that signifies a driveway and/or intersection. The flowering trees are then incorporated into the major portion of the project. 42. Mr. Stephenson noted that the Palm Trees were to be a back drop into those intersections. 43. Planning Manager di Iorio stated that was true. She also mentioned other developments that have conformed with the Guidelines where each corner treatment is with Palm Trees for the entry into the project, or signal, and then the remainder are the flowering trees. 44. Committee Member Cunningham asked the applicant if this was what they had done. Mr. Stephenson replied that they did not have the Palm Trees shown on the landscaping plan displayed. They took them off because they were on site. Committee Member Cunningham asked if they planned to keep the Palm Trees as part of the theme. Discussion followed about the Palm Trees. 45. Committee Member Cunningham stated he supported the Highway 111 Guidelines. However, he believes that each project should be looked at on an individual basis. In this instance, the applicant had done a very good job with respect to berming and not berming and he believed their reasons for not berming were justified. He appreciated Ms. Clarke's willingness to include in their conditions that the area adjacent to Highway 111 is not to be used as a storage area for the overflow of cars, but strictly for the new car display. The City can require the berming and hide the cars, but being good business people, you are going to need to find a way to get those cars up in the sight of those passing by. It is going to be a constant battle to get the cars in sight. Why not deal with the problem in the beginning? I don't think that the Guidelines in this specific situation, are appropriate. I think that we should be able to get the landscaping down to where the cars can be seen. Mr. Stephenson pointed out there was retention and the berming look. He would like to make it a free flowing plan that continues to adhere to the Guidelines. 46. Committee Member Cunningham reminded the Committee that the retention basin was another issue separate from the landscaping. The retention basin guidelines are now governed by City Ordinance. Mr. Stephenson advised the Committee they were providing retention. CAMy Documents\WPDOCSWLRC-9-14-98.wpd 7 46. Committee Member Cunningham questioned the placement of the retention, in that the City Ordinance required retention to be on -site. Planning Manager di Iorio confirmed this. 47. Planning Manager di Iorio asked the Committee Members to look at Page 3 of the staff report, to go through some of the recommendations to change or delete them. These recommendations would be forwarded to the Planning Commission for their review. The first condition recommends changing the plant list to be consistent with the Highway 111 Guidelines and the applicant has stated she would be willing to work with staff. Do you want to retain that condition or is that something that you want to have removed? Under Landscaping, on Page 3 of the staff report, item number 1 recommends elimination of the plants not listed in the Highway I I I Design Guidelines plant palette. The applicant has proposed barrel cactus, and yuccas, and they are not part of the Guidelines. The Committee needs to decide if they want to keep staff s recommendation or delete it. 47. Mr. Shepardson interjected that their plant materials are not obnoxious plant. It is very consistent with the look they are trying to establishing and the look that is established in other newer developments along Highway 111. 48. Ms. Clarke asked if she could get a copy of the Highway I I I Design Guidelines as she believed her copy was not the final approved version. Planning Manager di Iorio stated the applicant had agreed to work with staff to resolve the plant material issue 49. Planning Manager di Iorio went on to the next point: "Replace the Hybrid Mesquite trees with the flowering trees listed in the Highway 111 Guidelines plant palette. Double the number of trees proposed along Highway 111." Is this the consensus of the Committee or is staff to modify, or delete this recommendation? 50. Committee Member Cunningham recommended the Hybrid Mesquite trees be accepted due to the issues raised and no other alternative has been provided. 51. Planning Manager di Iorio acknowledged Committee Member Cunningham's remarks and asked Committee Member Bobbitt if he concurred. 52. Committee Member Bobbitt stated that after hearing their argument, he would agree with their request as long as the trees are maintained in such a manner. The other issue is whether or not the number of trees along Highway 111 is sufficient? Discussion followed as to the location of trees. 53. Committee Member Bobbitt asked if the sidewalk was standard in regard to its setback from the street? Planning Manager di Iorio replied not necessarily. They based it upon their retention areas and how it works. Committee Member Bobbitt commented that some of the areas were wider, CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 8 and could accommodate the trees, but you're going to run into problems if you try to get any trees in the parkway. They will eventually grow out into the street. Discussion followed about Cal Trans and the 12 foot right-of-way and limitations. Discussion followed regarding the landscaping 54. Following discussion, Planning Manager di Iorio suggested changing the Condition #2 bullet point to read: Replace the Hybrid Mesquite trees with the flowering trees listed in the Highway 111 Design Guidelines plant palette. Increase the number of trees proposed along Highway 111, where appropriate. 54. Mr. Shepardson commented this was going to highlight and open up your view to these display areas. It will have Palm Trees on either side and then be brought down in scale with the density of the Mesquite trees and then open back up to give a view of each of the display areas. It is not consistent all along which I think is the City's concern that the whole strip was going to be display area. 55. Committee Member Cunningham commented on the fact that the cars would be silhouetted by the planting of the trees which is quite attractive. 56. Planning Manager di Iorio asked about Condition #3 regarding berming and asked if the Committee Members wish to delete the section. Committee Member Cunningham asked if the berming was separate from the retention issue. Planning Manager di Iorio stated the issue is they are tied together because of the need for the retention. 54. Mr. Chris Schultz stated he disagreed because the retention and berming occur in different locations. The retention is actually a by-product of creating a view corridor to your special display areas. Planning Manager di Iorio replied that because of the retention you will have to take space from the northern portion of the site which does limit your ability to do more berming. Mr. Shultz replied that was not necessarily true. The retention was just a by- product of creating the low point to see the display areas. We don't have any retention where we have the berming. Planning Manager di Iorio stated there was a certain amount of retention they would have to accommodate because they would be bringing the water off -site. Discussion followed regarding the berming and retention. 55. Committee Member Cunningham asked to finish his statement. We're turning into a berming issue, but we've also talked about limiting the height of the berms so it doesn't effect what we're trying to accomplish with the site. 56. Planning Manager di Iorio asked if there were areas where the applicant already had looked at to be able to increase the height of the berm? Mr. Shultz stated this was true. CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 9 57. Ms. Clarke stated that. anywhere we would increase the berming is not where the low points are because they are going to naturally bring that area down to keep the display pads in view. They did not want anything in front of them. Where we would increase the berming has to do with the highlighted areas which is where the berming is anyway. Planning Manager di Iorio stated this was where the City wanted to have the retention; not in front of the display areas, but as screening for the regular display area. 58. Committee Member Cunningham thought it might be beneficial to use another term as retention was not the issue. Mr. Shepardson replied that it was a by-product. 59. Committee Member Cunningham stated that it all comes to down to compliance with the Ordinance. The applicant will have to look and see how they can comply. 60. Planning Manager di Iorio reiterated that it was staff s position that the applicant had not complied with the Ordinance. More berming was needed to comply with the Ordinance. 61. Committee Member Cunningham stated the berming and retention areas will have to be consistent with the Highway 111 Guidelines and Zoning Code. 62. Attorney Carol May asked if they could look at a copy of the Ordinance. Planning Manager di Iorio stated she would supply them with a copy, but it was the same as what was contained Highway 111 Guidelines. Discussion followed regarding compliance with the Ordinance 63. Following discussion, Committee Member Cunningham stated that as far as this Committee stands, they approved of the project as submitted with respect to the berming and retention. 64. Planning Manager di Iorio asked about the Committee Member's recommendation on the building elevations. Staff had some minor design changes they were requesting under the Building Elevations. Is there a recommendation for any of those, or was the Committee recommending the buildings as proposed? 65. Committee Member Cunningham asked staff to explain what their purpose was in requiring the wainscotting. 66. Planning Manager di Iorio stated the issue was one of visibility into the site and maintain some individuality for each of the buildings. Staff was requesting minor design additions to each of the buildings. One suggestion was to provide a trellis element over the vehicle display areas at the northwest CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 10 corner of Parcel 1. A second was a change in building materials on the north elevation to a different block material at the base of the building to give a different type of texture to the building. This is primarily for the Chrysler Center. 67. Ms. Clarke asked if she was recommending the trellis on the northwest corner because this site slopes down six feet to that point, causing you to look down into it. Planning Manager di Iorio stated this was true. 68. Ms. Clarke stated staff was trying to design the site so the vehicle display area was not visible as it is an unusual site, unlike the other dealerships. The Chrysler site is 12 feet below the other sites by the time the building is constructed and that is why staff is recommending it there instead of anyplace else. 69. Planning Manager di Iorio stated her concern was visibility and not just parking at this site. Everything needs to work together as viewed from Highway 111. That was why staff was recommending a trellis to this project site. 70. Mr. Tom Walker, architect for the project, stated that as far as the wainscot was concerned, he did not see the reason for it, but it's not a difficult thing to do. It changes the design concept to something we did not intend it to be. I know there's a lot of commercial projects around with these wainscots that are different colors than the rest of the building, but that's not what we were trying to do. If we have to, we have to. As far as the trellis is concerned, we would be strongly against it. To begin with, there is a six foot wall behind that area that screens off the rear yard and you would not be looking over that wall. 71. Planning Manager di Iorio pointed out the wall on the plans along Adams Street and then along the project area. Staff s concern is the view into the site. 72. Committee Member Bobbitt expressed the fact that he didn't understand the need for the trellis. He asked if it would resemble the trellis over the Civic Center parking lot and would it be for shade. 73. Planning Manager di Iorio replied it was shade for the vehicle display, to break up the view into the site because you're looking down into the cars. Staff is not recommending wood necessarily. These are contemporary buildings with industrial -type materials. You can introduce metal, or some other type of material, and have a nice structure. 74. Committee Member Cunningham stated that regardless of the expense, it appears to create more clutter. The openness is better and the trellis appears to tighten up the site. CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 11 75. Mr. Walker stated he agreed and suggested they look at the landscape plan as he thought the trees had an effect on the site as well. 76. Committee Member Cunningham stated he agreed. The landscaping softened the wall and the trellis created more clutter. He could not agree with recommending the trellis. 77. Committee Member Bobbitt stated he too agreed and did not see the need for the trellis. 78. Committee Member Cunningham stated the wall was a split face block and asked if it would be painted. 79. Mr. Walker stated the split face block would be painted. In addition, they had two textures that could be used. One has a machine -applied plaster on the upper portion, with a texture below which would be a slightly different color than the upper portion. 80. Committee Member Cunningham stated that this part of the building is not an area that you would want to draw attention to and when you add wainscoting to something you're bringing attention to it. 81. Mr. Walker asked staff where they were recommending the the band. 82. Planning Manager di Iorio stated staff was recommending was to have the tile band carried around, starting at the service area, then carrying it around the roof element and the machine -applied plaster to the front to add some color. 83. Mr. Walker stated this was a recessed area. Recessed all the way around, even on the service building. It is going to give you a slight shadow between the plaster and block walls. 84. Committee Member Cunningham stated he was not a proponent of using tile bands as they did not have a long life. It appears they have created the effect by bringing the band around and creating a shadow line around the building. The building's low enough and it does not need any more. More detail is going to bring it even lower. 85. Planning Manager di Iorio asked about the other tile insets on the Mazda Superstore. Staff was recommending the addition of the cantilever to provide more shadow lines on Highway 111 and pulling out the one receiving area roll -up door and having the building come out and providing another shadow line. 86. Mr. Walker stated they had spent considerable money doing this around the large doors that are more exposed to Highway 111 and they could do something like this. Discussed followed regarding the architectural and landscape design plans. CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 12 87. Committee Member Cunningham stated he did not see the need for it. At least not from the standpoint of bringing attention to it. 88. Planning Manager di Iorio stated it was not bringing attention to it. It was to create another shadow line and break up the wall. 89. Committee Member Cunningham suggested an inset, a 12 inch block or something. Mr. Walker stated that was possible. 90. Planning Manager di Iorio stated this was the kind of design element staff was looking for. 91. Mr. Walker asked if staff had noticed that most of the windows were recessed so the block is inset about two inches from the other block and to give definition. 92. Committee Member Bobbitt stated he thought that could be a solution as it appears to be screened. He then asked what the "gingerbread" was around the larger doors. 93. Committee Member Cunningham stated it was the popouts. Discussion followed regarding the treatment of the windows. Following the discussion it was determined that the applicant would recess the windows around the Chrysler building. 94. Planning Manager di lorio then asked about the Mazda Superstore. Staff was looking to have some relationship to the others. Staff had asked that there be a tile inset on this building and some other tile treatment on the machine - applied plaster parapets. 95. Committee Member Cunningham stated he would require the same as the other building. He did not believe there was a need for it and when a builder is using tile on an exterior, as a band, it is tough on the upkeep. 96. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 98-005 recommending approval of Site Development Permit 97-603 #1 to the Planning Commission with the changes as recommended. Unanimously approved. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunningham/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Committee to the next regular meeting to be scheduled as needed. This meeting was adjourned at 11:45 a.m. on September 14, 1998. CAMy Documents\WPDOCS\ALRC-9-14-98.wpd 13 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT, AMENDMENT #1 BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT COMPANY CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT #1 APPLICANT: STAMKO DEVELOPMENT COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th of October, 1998, hold a duly noticed Public Hearings to consider an amendment to the Development Agreement; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 15' day of July, 1997, approve and adopted under Ordinance 306 the Development Agreement; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings of approval to justify a recommendation for approval of said Development Agreement, Amendment #1: 1. The proposed amended Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 97-029, Amendment #1. The property is within the Mixed/Regional Commercial (M/RC) District per the provisions of the 1992 General Plan Update which permits the proposed use and is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The land uses authorized and regulations prescribed for the amended Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Regional Commercial (CR) which permits the proposed uses provided conditions are met. 3. The proposed amended Development Agreement conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long-range, comprehensive approach to the development of a major automobile sales/services and mixed commercial complex. P:\CHRISTI\PCResoDevAgmt97-002.wpd Planning Commission Resolution 98- Development Agreement 97-002, Amendment #1 The amended Agreement provides for development requirements that are in excess of City standards, such as the development density, intensity and potential adverse environmental impacts that are significantly more restrictive than those currently permitted under the applicable General Plan and Zoning Code provisions. In addition, entire landscape medians will be constructed on both Highway 111 and Adams Street. 4. Approval of this amended Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this amended Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 6. Approval of the amended Development Agreement will provide a positive fiscal impact on the City by providing new revenue to the General Fund for services. 7. Consideration of the amended Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. And the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. 8. Said amended Development Agreement 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 completed Environmental Assessment 97-337 for the original project. An Environmental Impact Report, State Clearinghouse No. 97011055 was certified by the City Council in 1996 for this project. A Supplemental EIR has been prepared for the proposed amended Specific Plan, Site Development Permit and Development Agreement. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does recommend approval to the City Council of Development Agreement 97-002, Amendment #1 for the reasons set forth in this Resolution. P:\CHRISTI\PCResoDevAgmt97-002.wpd Planning Commission Resolution 98- Development Agreement 97-002, Amendment #1 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 13" day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\CHRISTI\PCResoDevAgmt97-002.wpd FIRST AMENDMENT TO DEVELOPMENT AUNT This First Amendment to Development Agreement ("Amended Agreement") is made and entered into this day of 1998 by and between the CITY OF LA QUINTA, a charter city ("City"), sTAMKO DEVELOPMENT CO., a California limited partnership ("Developer") and THE TRUSTEE OF THE JWONEN LIVING TRUST, a California trust ("Partial Owner"). The City and Developer are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties". RECITALS This Amended Agreement is predicated upon the following facts: A. The City, Developer and Partial Owner originally entered into that certain Development Agreement dated July 15, 1997 ("Original Agreement") authorized by City council Ordinance No. 306 dated July 21, 1997 and effective August 20, 1997 and recorded on September 3, 1997. B. Due to certain economic restraints beyond the control of any party to the Original Agreement, the Developer is unable to perform according to the original unamended Specific Plan and Developer Lease conditions and, therefore, has requested certain modifications to the site planning conditions, the Development Agreement, and the Developer Lease to allow the Project to proceed. C. The City believes that all of the findings made in the Original Agreement remain true, that the requested modifications by the Developer as set out in this Amended Agreement with attachments are consistent with the General Plan, and all other applicable plans, rules, regulations and official policies of the City of La Quinta and the approval of this Amended Agreement shall promote the health, safety and general welfare of the City. D. It is the intent of the Parties that on execution of this Amended Agreement, Developer shall be obligated to 1 d recq�q complete the Public Improvements in the manner set forth herein and that Developer will be entitled to proceed with the Project subject to the Specific Plan, and Conditional Use Permit 97-034 attached hereto and incorporated herein as "D" and "E", respectively, in accordance with this Agreement and with City's rules, regulations and official policies governing permitted uses, density, design, improvement and construction standards and specifications in force on the date of this Amended Agreement. E. Regarding Recital H -co the Original Agreement: The Project will encompass three planning areas ("Planning Areas") . F. On , 1998, the Planning Commission of the City of La Quinta (the "Planning Commission"), after giving notice pursuant to Government Code Sections 65854, 65854.5 and 65866 held a public hearing on Developer's application for this Amended Agreement. On , 1998, the City Council of the City of La Quinta ("City Council"), after providing public notice as required by law, similarly held a public hearing to consider Developer's application for this Agreement. G. The Planning Commission and the City Council have found that the Amended Agreement is consistent with the General Plan and all other applicable plans, rules, regulations and official policies of the City. H. In accordance with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq., ("CEQA")), appropriate studies, analysis, reports or documents were prepared and considered by the Planning Commission and the City Council. The City Council, after making appropriate findings, certified, by Resolution -No. , adopted on a Supplemental Environmental impact Report for the Project in compliance with CEQA. I. On ordinance No. approving Developer. The Ordinance takes 2 the City Council adopted this Amended Agreement with effect on 71� a _y fi The parties hereto agree to amend the original Agreement according to the following specified revisions: 1. Definitions: In this Amended Agreement, the defined terms will have the same meaning as in the original Agreement except as may be otherwise noted in this Amended Agreement: 1.1 Authorizing ordinance: "Authorizing Ordinance" ineans Ordinance No. approving this Amended Agreement. 1.2 Effective Date (defined in Section 1.8 of the Original Agreement). "Effective Date" means the date that the Authorizing Ordinance as defined in this Amended Agreement becomes effective. 1.3 Project.- (defined in Section 1.17 of the Original Agreement). "Project" means a regional commercial project designed around two main uses: an auto mall and/or a mixed regional commercial development. The Project has three Planning Areas. Planning Area I will contain 3 new car dealerships or a mixed regional commercial development. Planning Area II will contain either 2 or 6 new car dealerships and/or auto related commercial pads and/or a mixed regional commercial development. Planning Area III will be a mixed commercial center. The three Planning Areas are delineated in Exhibits "2" through "2-2" to Amendment No. 1 to the Specific Plan. The development of the Project shall include all mitigation measures (on -site and off -site) imposed as part of the CEQA review process, and as conditions ;.o the issuance of Development Approvals, including, but not limited to, the specific Plan, and Conditional Use Permit consistent with this Amended Agreement. 1.4 Specific Plan. The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment 3 w No. 1 approved by the City Council on - A F reference to "Amendment to Specific Plan" refers only to Amendment No. 1 to Specific Plan, 2. Change to Section 3.1. The second and third sentences of Section 3.1 are changed to read as follows: "Developer will endeavor to develop the Property in accordance with the three Planning Areas specified on the Project Site (Exhibits °°A-1", °°A-2'' ► "A-3" and °°A-411) . Planning Area I has approximately 13.2 acres; Planning Area II has approximately 28.14 acres; and Planning Area III has approximately 36.73 acres, Developer will endeavor to develop the three Planning Areas in accordance with the tour scenarios set out in the Specific Plan." 3. Change to Section 3.2. The first sentence of Section 3.21 is amended to read in full as follows: "The term of this Amended Agreement shall be approximately twelve (12) years, commencing upon the Effective Date of Ordinance No. approving this Agreement and authorizing its execution and shall expire. on _ , unless otherwise terminated, modified or extended by written mutual agreement pursuant to the terms of this Agreement." 4. Section 3.3. Add the words ".-or Section 3.3.311 after "Section 3.3.2" in: (a) The first sentence of the first paragraph- (b) The first and second sentences of the second paragraph. 5. Section 3.3-3. The following assignments of the rights of the assignor under this Amended Agreement shall be made without the consent of City but upon giving notice to the City concurrently with any transfer of any part of the Property: (a) From Developer to any member of Desert City Dealers, or to any other auto dealer purchasing Property 4 from Developer. (b) From Developer to any person or entity using a portion of Planning Area II for auto related uses. (c) From Desert City Dealers to any member of Desert City Dealers. (d) From Desert City Dealers to Developer pursuant to Developer's exercise of its right to purchase any portion of the Property pursuant to the Gption and Purchase Agreement as amended between Developer and Desert City Dealers. (e) From a member of Desert City Dealers who acquires title to a portion of the Property to Developer pursuant to Developer's exercise of its right to purchase any portion of the Property pursuant to the Option and Purchase Agreement as amended between Developer and Desert City Dealers. (f) In connection with the transfer of any portion of the Property located in Planning Area III. 6. Section 4.3.1. The first sentence is amended to read in full as follows: "City and Developer agree that the EIR which is designated EA No. 97-337 as supplement by the Supplemental EIR designated and the obligations of Developer under this Agreement to incorporate mitigation measures as part of the Project constitute full and complete mitigation of any identified adverse environmental impacts generated by the Project." 7. Section 5.2 Section 5.2 is amended to read as follows: 115.2 Planning Areas: "_Planning Area I: Planning Area I will contain 3 new car dealerships or a mixed regional commercial development containing structures of up to 144,000 square feet. 5 w "Planning Area II: Planning Area II will contain up to 6 new car dealerships and/or auto related commercial pads and/or a mixed regional commercial development containing structures of up to 306,000 square feet.. "Planning Area III: Planning Area III will be a mixed commercial center containing structures of up to 400,000 square feet. 8. Secti.oll 5.3. The second sentence of Section 5.3 is amended to read in full as follows: "The buildings in Planning Areas I, II and III shall be constructed on the Property as specified in the Development Scenarios described in the Amendment to Specific Plan." 9. Section 5.3.1. The maximum F.A.R. for all Planning Areas under all Development Scenarios is .25. 10. Section 5.4 is amended to read in full as follows: -5.4 Phasing of Construction: "5.4.1. Phasing of Construction: The Project shall be developed in four Scenarios as follows: (a) Development Scenario #1: (i) Three new car dealership pads; Six new car dealerships and/or auto -related commercial pads; and (iii) 400,000 square feet of mixed regional commercial. (b) Development Scenario #2: (i) Three new car dealership pads; (ii) Two new car dealerships and/or auto -related commercial pads; and (iii) 610,000 square feet of mixed regional commercial. (c) Development Scenario #3: G (i) Three new car (ii) 695,000 square commercial. dealership pads; and feet of mixed regional (d) Development scenario #4: (i) 850,Ooo square feet of mixed regional commercial development. Developer shall construct or contribute to the construction of the Public Improvements connected with Planning Area I, Planning Area II and Planning Area III as set forth in the Developer Lease Agreement (Exhibit "C"), Specific Plan (Exhibit "D") and the terms of this Amended Agreement_ -5.4.2. Developer: Developer agrees to exercise due diligence and submit to City applications for all such necessary permits and approvals in accordance with applicable City procedures and Existing Rules. 5.4.3. City: City hereby agrees that it will accept from Developer for processing and review all applications for Development Approvals for the use of the Property in accordance with this Amended Agreement, providing that said applications are submitted in accordance with this Agreement and the Existing Rules. ""5.4.4. Completion of Project: Developer agrees to diligently prosecute to completion the construction of the Project and to complete construction of Planning Area I within the term of this Amended Agreement subject to any such extensions as may hereafter become applicable in accordance with the provisions of this Amended Agreement. Improvements, scheduling, dates, or times of performance by either Party hereto may be subject to revision from time to time due to factors which cannot be predicted and which are within the control of the Parties, such as economic market conditions and demand, interest rates and competition. Any such revision must be mutually agreed to by the Parties in writing referencing this Section 5.4.4 and in recordable form. Such revisions are deemed to be within the framework of this Amended Agreement as presently drafted and executed 7 e h and do not constitute amendments requiring new notice and hearing under local law." 11. Section 6.1. The second paragraph of Section 6.1 is amended to read .in full as follows: "The Developer shall provide the Public Improvements and pay all fees and other amounts the payment of which is provided for pursuant to this Amended Agreement in conformity with the timing of the development of the Public Improvements set forth in this Amended Agreement, and the Developer Lease Agreement; such performance shall be required so long as this Amended Agreement remains in effect without regard to whether the Developer is timely implementing the development of Project pursuant to this Amended Agreement. Where this Amended Agreement sets forth a specific time for the provision of Public Improvements or the payment of fees or other amounts, the Developer shall strictly comply with such requirements. Where a Public Improvement fee, or other amount is required pursuant to Existing Rules and the terms of this Amended Agreement to be paid at the time of issuance of building permits and a specific date is not set forth in this Amended Agreement for the provision of such Public Improvements or payment of such fees or amounts, the Public Improvement, fee, or other amount shall be required to be provided at the time building permits are issued for the structure." 12. Amendment of Exhibits. The Site Plans, the Developer Lease Agreement and Specific Plan, which were Exhibits "A", "C", and "D" to the original Agreement shall be completely restated and amended in the forms attached hereto and/or supplemented as indicated in this Amended Agreement or the attached Exhibits. 13. Section 13.3. Section 13.3 is amended to read in full as follows: "The Developer shall provide funds for payment of all expenses associated with the Project entitlement review including the environmental review by legal counsel and preparation by consultant as well as the drafting of all documents for the project prepared by the City's legal counsel. A Fifty Thousand Dollar (550,000) advance deposit towards this payment has be provided to the City. In addition to the foregoing all application fees shall be paid by Developer at the time of submittal for the revised specific plan and any other required planning submittals." 14. No Other Change. All sections of the original Agreement which have not been specifically amended by this Amended Agreement shall remain intact and enforceable in their entirety. IN WITNESS WHEREOF, this Amended Agreement has been executed by the Parties and Partial Owner on the day and year first above written, as authorized by Ordinance No. Of the City Council. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF LA QUINTA, a charter city By: [Signatures Continued On Next Page] t, • PLANNING COMMISSION STAFF REPORT DATE: October 13, 1998 CASE NO.: Sign Application 98-433 APPLICANT: Fashion Bug SIGN COMPANY: Imperial Sign Company (Mark Ross) REQUEST: Approval of a a deviation to an approved sign program to permit a corporate sign for a new business LOCATION: North side of Highway 111 in the One -Eleven La Quinta Shopping Center, west of Wal-Mart (78-870 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 will be opening in the three bay space west of Clothestime in the One - Eleven La Quinta Shopping Center. This is the space previously occupied by Petries and Petries Plus. SIGN REQUEST: The shopping center has an approved sign program which requires 24" 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 national tenant with 5 or more outlets to request approval to use their corporate sign. The applicant is requesting approval to use their standard corporate sign on the fascia in front of their business location. Fashion Bug has stores throughout the United States. The landlord has approved the requested sign as submitted. The proposal is for internally illuminated channel letters mounted directly on the stucco fascia with the transformers behind the fascia. The letter style is a "fenice" or non- cApc rpt sa 97-433 block style of letter. The letters read "FASHION BUG" and will be two feet high by 15.25 feet long or 30.5 square feet. The letters will have a red plex face with bronze returns and trim cap. The location of the proposed sign is on the fascia in front of the store. The sign will be centered vertically and horizontally in the three bay rental space. STATEMENT OF THE ISSUE: Issue 1 - Consistency National 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. The style of the letters is compatible with the approved "Helvetca"style 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. Attachments: 1. Sign exhibits Prepared by: Stan B. Sawa, Principal Planner Submitted by: Christine di lorio, Planning Manager c:\pc rpt sa 97-433