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1996 11 26 PC/�.°�•% cy o� z 5 OF TNT PLANNING CONIMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California November 26, 1996 7:00 P.M. **NOTE** ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED TO THE NEXT COMMISSION MEETING Beginning Resolution 96-037 Beginning Minute Motion 96-040 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. CONFIRMATION OF AGENDA III. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. IV. CONSENT CALENDAR A. Approval of the Minutes of November 12, 1996 B. Department Report PC/AGENDA V. PUBLIC HEARINGS 1. Item .................. MUNICIPAL CODE AMENDMENT 96-051, SUBDIVISIOl\ ORDINANCE Applicant ........... City of La Quinta Location ............ City-wide Request ............. Amendment to the La Quinta Municipal Code by revising Title 1: (Subdivision Regulations), relating to various Chapters Action ............... Request for continuance to December 10, 1996 2. Item ................. SITE DEVELOPMENT PERMIT 96-597 Applicant ........... KSL Land Corporation Location ............ Within the Citrus Course Subdivision on the north side of 52nc Avenue, west of Jefferson Street Request ............. Compatibility approval of Ryder, Heritage, and Master collection prototype units for construction Action ............... Minute Motion 96- 3. Item .................. ZONING ORDINANCE AMENDMENT 96-053, AN AMENDMENT TO MUNICIPAL CODE, SECTION 9.60.130• RECREATIONAL VEHICLES 96-053 Applicant ............ City of La Quinta Location ............. City-wide Request .............. Consideration of an Amendment to the current Zoning Code regarding Recreational Vehicles Action ............... Request for Continuance to December 10, 1996 4. Item ................. HOME DEPOT DEVELOPMENT AGREEMENT 96-001 Applicant ........... Home Depot, Inc. Location ............ Northwest corner of Jefferson Street and Highway 111 Request ............. Approval of a Development Agreement Action .............. Resolution 96- 5. Item .................. ZONING ORDINANCE AMENDMENT 96-054 Applicant ............ City of La Quinta Location ............. City-wide Request .............. Amendment to the Sign Ordinance Chapter 9.160 Action ............... Resolution 96- VI. BUSINESS ITEMS - None VII. CORRESPONDENCE AND WRITTEN MATERIAL VIII. COMMISSIONER ITEMS IX. ADJOURNMENT PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, CA November 12, 1996 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:04 P.M. by Chairman Abels who asked Commissioner Seaton to lead the flag salute. B. Chairman Abels requested the roll call: Present: Commissioners Butler, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. C. Chairman Abels moved to excuse Commissioner Gardner. Commissioner Butler seconded the motion and it was unanimously passed. D. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. CONFIRMATION OF AGENDA - Confirmed. III. PUBLIC COMMENT: None IV. CONSENT CALENDAR A. Chairman Abels asked if there were any corrections to the Minutes of October 22, 1996. Commissioner Tyler asked that Page 4, Item 11 be changes to reflect that it was a two story home. Item 14 also be noted as a two story house. Item 16 be amended to read "...Staff stated they did not need to be solar o� wered, but....". Page 6, Item 8 the motion was seconded by Commissioner Tyler. Item VII.B. the date should be November 26, 1996. There being no further corrections, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as corrected. Unanimously approved. B. Department Report: None Pc11-12 1 Planning Commission Minutes November 12, 1996 V. PUBLIC HEARINGS A. Municipal Code Amendment 96-051. Subdivision Ordinance; a request of the City for approval of amendments to the La Quinta Municipal Code by revising Title 13 (Subdivision Regulations) relating to various Chapters. 1. Chairman Abels stated that staff had requested the issue be continued. 2. There being no discussion, it was moved and seconded by Commissioners Butler/Newkirk to continue this item to November 26, 1996. Unanimously approved. B. California Environmental Quality Act Guidelines: City of La Quinta; a request of the City for approval of revised CEQA Guidelines for the City of La Quitna in compliance with State requirements concerning environmental procedures. Chairman Abels stated that staff had requested the issue be continued. 2. There being no discussion, it was moved and seconded by Commissioners Tyler/Seaton to continue this item to January 28, 1997. Unanimously approved. C. Environmental Assessment 96-328, Specific Plan 96-028, Conditional Use Permit 96-029, Tentative Parcel Map 28422, and Site Development Permit 96-590; a request of Lapis Energy Corporation for Certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 96-328, and approval of a specific plan and conditional use permit to allow construction of a multi -use facility incorporating 1) a dedicated CNG fueling station for DSUSD operations; 2) a 61,350 square foot self -storage warehouse complex, which includes a 2,000 square foot manager unit; 3) an 11,064 square foot auto service/repair center; and 4) a 2,500 square foot convenience store/service station, which includes a 500 square foot take- out food (pizza) restaurant, all to be built on 10.29 gross acres. Chairman Abels opened the public hearing. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff presented changes to the Tentative Parcel Map Conditions #1, #11, 436.A., 36.B.2.; the Site Development Plan Conditions #2, #8, #41.A., and 41.B.2., and add a new Condition #59. 2. Commissioner Woodard asked what materials were to be used on the base of PC11-12 2 Planning Commission Minutes November 12, 1996 the fuel service station on the north elevation. Staff stated it was stucco. 3. Commissioner Butler stated he thought the Desert Sands facility had received permission to have their own fueling site. Community Development Director Jerry Herman stated that they had received approval for a diesel fueling station. He went on to state that they were in the process of converting their buses to the CNG fuel and this company had been contracted with to provide the fuel. The District was currently not converting all their buses, so the diesel fuel will be there until changed over. 4. Commissioner Butler asked if the CNG fuel would be open to the public. Staff referred this question to the applicant. 5. Mr. Dale Leopard, speaking on behalf of the applicant, gave a history of Lapis Energy. He stated they had begun working with DSUSD in 1989 to help them reduce their energy costs. This lead them into the alternative fuel market. Since that time Sunline, Waste Management, and other agencies have initiated a program using CNG fuel. The center will offer unleaded fuel as well. Part of the center will have program to educate students and the general public, to understand the importance of clean air fuel to protect the environment. The CNG fueling station will be located at the rear (southern) end of the site to be used for fueling agency vehicles. This installation has helped the District to eliminate a large portion of their costs by contracting with them to provide the alternative fuel. 5. Commissioner Woodard asked Mr. Leopard to explain the education program in the Mini -mart. Mr. Leopard explained that a "pizza room" would be dedicated to educational materials such as posters, video games, and video pamphlets on clean air and alternative gas vehicles. 6. Commissioner Butler asked if the food mart/fueling station would also be a fueling station for the public. Mr. Leopard stated their intention was to serve the public as well. The architect pointed out that the pumps located at the rear of the project are the CNG pumps. Mr. Leopard stated that the islands would be interchangeable as the need grows. 7. Commissioner Butler asked if the retail business was an afterthought that occurred since they were required to buy the entire site. Mr. Leopard stated that during negotiations, the additional retail needs become apparent. This was in addition to the existing services that were needed to support the School District, such as the service centers. PC11-12 Planning Commission Minutes November 12, 1996 Commissioner Newkirk asked if the developer was planning to develop all four parcels and if so, how would they be phased. Mr. Leopard stated that the School District's fueling needs would be constructed first and the remainder over a short period of time. The storage site is currently being negotiated and they anticipate the overall project to be built out over a year. 9. Commissioner Tyler asked how long it would take to have the service station operational. Mr. Leopard stated their agreement with the District was to be operational when the District opened - March 1, 1997. Their own target was for September 1, 1997. 10. Chairman Abels asked if this was to be the only commercial site. Mr. Leopard stated they were also looking at Cathedral City and Palm Springs. They are committed to installing three sites according to their agreement with Sunline Transit and the Department of Energy. 11. Chairman Abels asked if the tanks were to be installed underground. Mr. Leopard explained that the CNG comes from the gas line and is stored in a vessel and from there pumped into the users car. Chairman Abels asked how long it would take to install the CNG cylinders. Mr. Leopard stated it would take about three weeks. , 12. Commissioner Seaton asked if the hydrogen fuel cell and the CNG fuel would become competitive. Mr. Leopard stated they are working to not be competitive, but a source of alternative fuels. 13. Commissioner Woodard asked if there were any structures on the rear of the property. Mr. Leopard stated there were none. Commissioner Woodard asked if a partnership had been formed for the storage center. Mr. Leopard stated they do not have any at present, but are talking with two companies. 14. Chairman Abels asked if there was any noise associated with services to be provided. Mr. Leopard stated very little. 15. Mr. Greg Shannon, representing the La Quinta Chamber of Commerce, stated the Chamber wanted to express their concern with the project as it is presented. They understand and agree that the CNG station for the School District is needed, but this project should be located off Highway 111 frontage.. Business owners and residents have expressed their objection to the project at this site as it as "virgin ground" and they believe this area should be a producer of sales tax for the City. This project, as proposed, will not produce revenue for the City. When the Palm Desert Town Center was PC I I-12 4 Planning Commission Minutes November 12, 1996 constructed, one of their conditions was to have the City condemn the gas station at the corner. The Chamber has spoken with representatives of USA Homes and others who express the same feeling that a gas station would be detrimental to their selling purposes. In regards to the architecture, the Chamber is still hoping the City will adopt a uniform architecture style for Highway 111, that will become the La Quinta image. 16. Commissioner Woodard asked staff what the revenue uses were for this site. Community Development Director Jerry Herman stated the City had not required a sales tax analysis. Commissioner Woodard asked staff if the Chamber's statement regarding the project's tax producing revenue was correct. Staff clarified that this was not an issue that the Planning Commission reviews. 17. There being no further public comment, Chairman Abels closed the public hearing and opened the matter for Commission discussion. 18. Commissioner Tyler stated that when the School District facility was approved by the City, it became apparent that a development would be needed to supply the services they would require. This appears to be an opportunity to meet some of those needs and it appears that an RV storage facility is needed by the City. This facility does appear to address the needs of La Quinta. No one may want a gas station in their backyard, but as La Quinta currently only has two stations, the service is needed. Commissioner Tyler stated his concern with the circulation pattern coming off Dune Palms Road. In addition, he agreed that the architectural features were lacking detail, especially on the storage center along the Dune Palms Road frontage. The complex will be too stark as you travel down Dune Palms Road. 19. Commissioner Newkirk stated he was pro -business and strongly supported good businesses coming into La Quinta, but the architectural design of this project is less than what the City expects, especially for Highway 111. The mini storage takes too much of the space on the site and other retail uses would be a better use of the land. The main service is the fueling station for the School District. He agrees with the Chamber's comments. 20. Commissioner Butler stated that he concurred with the other Commissioners on what is wanted for La Quinta and he commended the applicant for bringing the project to the City. However, he too believes this is not the appropriate site even though the service is needed. He would like to ask for a continuance to see what the applicant could do to bring other uses to the site in conjunction with the gas stations. The Highway 111 Corridor image is important to the City as well as the tax base revenues to be generated. He PC11-12 5 Planning Commission Minutes November 12, 1996 asked staff if two gas stations had been approved for Highway 111. Staff clarified that there was only one. Commissioner Butler stated there needs to be a better use of the land. 21. Commissioner Woodard stated he was impressed with Mr. Shannon's comments. He understood that the narrow dimensions of the site make it difficult for any other uses and even if the Commission asks the applicant to come back with alternative land uses, it will be difficult for him to do so. The Planning Commissioner when reviewing this project, has to speak not only as a Commissioner, but also as a designer. He would also recommend a continuance, but the applicant should clearly understand why. On the first parcel, the use is for gas station. Architecturally, the building is under designed. The roof silloute needs to be redesigned. There needs to be alternative styles of architecture throughout the city and service buildings needs a lot of help. Commissioner Woodard asked if the trellis on the mini - mart was wood or metal. The applicant stated it would be metal and painted. Commissioner Woodard stated that on the Lube and Tune site, there is a problem with the site plan in that the pedestrian parking is too far from the shops. On the Lube and Tune building elevation, there is a weakess with the window openings being short sided. The storage building has no indentation from the first floor and second floor. Functions are oversized to be designed as a rectanglar building. He has seen storage buildings designed as everything from a church to a cabana. He is very opposed to the "wall of China". The setbacks have to be increased and some type of relief given. He would hope that the applicant would relook at the project in a way that it would be an asset to the comunity 22. Commissioner Seaton stated her concerned about the elimination of parking spaces and being able to meet the requirement for 50% shading. Also, the trafic flow in and out of the first three phases and the overall impact of traffic on Dune Palms Road. The managers residents is very obtrusive and does not fit. The storage Center need something different on the architcture design. 23. Chairman Abels stated he were not against the project, but just the way it was designed. If the Planning Commission approved the fueling station site, would the applicant redesign the remainder of the project? Mr. Leopard stated they would be willing to do this, but one of the keys to the success of this project is what the front portion of the site brings to in to make it economically viable. The public site supports the fueling site. 24. Chairman Abels stated that the Commission would like to se these concerns addressed before approving the project. Mr. Leopard stated they would be able to make the desired revisions and be ready for the December 1Oth PCI1-12 6 Planning Commission Minutes November 12, 1996 Planning Commission meeting. Staff stated that with the holidays, staff will need the applicant's revisions by November 25th. Mr. Leopard stated they would prefer to continue the project to the January 14, 1997 meeting. 25. There being no further discussion, it was moved and seconded by Commissioners Butler/Woodard to continue Environmental Assessment 96- 328, Specific Plan 96-028, Conditional Use Permit 96-029, Tentative Parcel Map 28422, and Site Development Permit 96-590 to the Planning Commission meeting of to January 14, 1997. Unanimously approved. VI. BUSINESS SESSION: A. Temporary Use Permit 96-133; a request of Diners Club for approval of a six day golf tournament event (Diners Club Matches) temporary trailer, and sign program on December 10-15, 1996. 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. There being no questions of staff or the applicant, it was moved and seconded by Commissioners Tyler/Newkirk to adopt Minute Motion 96-039 approving Temporary Use Permit 96-133 for the Diners Club Matches, subject to the Findings and Conditions of Approval as submitted. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL A. Chairman Abels discussed the public hearing notices that the Planning Commission had received and asked staff if the revisions to the Recreational Vehicle regulations could be first on the agenda. VIII. COMMISSIONER ITEMS A. Chairman Abels noted that an appointment from the Planning Commission was needed to serve on the General Plan Update Selection Committee. Chairman Abels volunteered to serve and appointed Commissioners Butler and Woodard to serve as alternatives. There being no further discussion, it was moved and seconded by Commissioners Butler/Seaton to appoint Chairman Abels as the Planning Commission General Plan Update Selection Committee member with Commissioners Butler and Woodard as alternates. Unanimously approved. B. It was moved and seconded by Commissioners Tyler/Seaton to cancel the Planning Commission meeting of December 24, 1996. PC11-12 7 Planning Commission Minutes November 12, 1996 C. Commissioner Tyler gave a report of the City Council meeting of November 5, 1996. 1X. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Butler/Tyler to adjourn this regular meeting of the Planning commission at to a meeting on November 26, 1996. This meeting of the Planning Commission was adjourned at 8:28 p.m. on November 12, 1966. PC11-12 8 01 a PH #1 c9 �o • 2 Cry OF TNT TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: NOVEMBER 26, 1996 RE: SUBDIVISION ORDINANCE REVISIONS Due to time constraints and additional changes, staff recommends that the Planning Commission take action to continue this Agenda Item #1 on the Public Hearing section to December 10, 1996. PH #2 DATE: CASE NO.: APPLICANT: REQUEST: LOCATION: GENERAL PLAN LAND USE DESIGNATION: ZONING: ENVIRONMENTAL PLANNING COMMISSION STAFF REPORT NOVEMBER 26, 1996 SITE DEVELOPMENT PERMIT 96-597 KSL LAND CORPORATION COMPATIBILITY APPROVAL OF RYDER, HERITAGE, AND MASTER COLLECTION PROTOTYPE UNITS FOR CONSTRUCTION. WITHIN THE CITRUS COURSE SUBDIVISION ON THE NORTH SIDE OF 52m AVENUE, WEST OF JEFFERSON STREET. LOW DENSITY RESIDENTIAL (LDR) AND GOLF COURSE (G). RL (LOW DENSITY RESIDENTIAL) AND G (GOLF COURSE). DETERMINATION: THIS SITE DEVELOPMENT PERMIT IS A PART OF OAK TREE WEST SPECIFIC PLAN 85-006 WHICH HAS BEEN DETERMINED TO BE BACKGROUND: EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS UNDER THE PROVISIONS OF CALIFORNIA CODE SECTION 65457 (a). AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED AND CERTIFIED BY THE CITY COUNCIL IN 1985. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. Site Background The Citrus Course subdivision is located on the north side of 52°d Avenue west of Jefferson Street. Vehicular access is provided from both Jefferson Street and 52nd Avenue. Surrounding properties to the east and south are vacant, to the north and west are residential and some vacant lots. Tract 24890 which makes up the residential lots surrounding the Citrus Golf Course allows for 562 residential lots of which 93 have been developed. The development consists of single family detached and duplex units and a number of custom single family detached residences on the western portion of the site. pcss-sdp 96-597 The existing detached single family residences consist of three three -bedroom units ranging from 3,042 square feet to 3,315 square feet and one four -bedroom unit of 3,564 square feet. Each of the units has a two -car garage and golf cart parking provided. The three duplex prototype units each have three -bedrooms and a two -car garage plus golf cart parking and range in size from 2,350 square feet to 2,675 square feet. The custom residences range from approximately 3,000 to 5,000 square feet of floor space with two to four garage spaces. The J. M. Peters residences are designed with a Spanish/Mediterranean design influence with light colored stucco window and door walls, red tile roofing, stucco surrounds and both boxed and exposed rafter eaves. The existing homes have section roll -up garage doors and vary from two -cars plus a golf cart space to three -car garages. New Submittal The applicants are requesting approval to utilize the Ryder, Heritage, and Masters collection prototype units, built in PGA West, for use in the Citrus subdivision. The Ryder collection is as follows: Plan Number Number of Bedrooms Number of Garage Spaces Square Footage One 3 2 + golf cart space 2,080f Two 3 2 + golf cart space 2,330f Three 3 + office 2 + golf cart space 2,450± The Heritage collection is as follows: Plan Number Number of Bedrooms Number of Garage Spaces Square Footage One 3 2 + golf cart space 2,655 Two 3 2 + golf cart space 2,872 Three 4 2 + golf cart space 3,441 The Masters collection is as follows: Plan Number Number of Bedrooms Number of Garage Spaces Square Footage One 4 3 4,127 Two 4 2 + golf cart space 4,250 Three 4 3 4,542 pcss-sdp 96-597 All of the units would be one-story in height with the maximum building height varying from 21 feet for the Heritage collection to approximately 21 feet six inches for the Ryder and Masters collections. Exterior colors consist of light earth tones with reddish concrete tile roofing. The typical roof overhang is 18 inches. All of the residences are designed in a Mediterranean style and use a combination of tower structures, arches, round columns and similar architectural features. Where appropriate, stucco surrounds will be provided around side and rear windows and doors. Each of the floor plans will be provided with three different facades. Each facade will be slightly different to provide variety in the units. The majority of the garages will be front loading. The exceptions are one of the three elevations for Plan One and Plan Two of the Heritage collection and all of the facades in Plan One of the Ryder collection. The applicants have not yet specified precisely where they intend to utilize these prototype units. Due to the design and use of windows on side elevations, the units will be provided with side yard setbacks as opposed to the zero lot line presently utilized in the project. Public Notice This case was advertised in the Desert Sun newspaper on November 5, 1996. All property owners within 500 feet of the subdivision along with all owners within the subdivision were mailed a copy of the public hearing notice as required by the Municipal Code. No negative comments have been received to date. All correspondence received prior to the meeting will be given to the Planning Commission. STATEMENT OF THE ISSUES: Issue I Compliance with California Environmental Quality Act An Environmental Impact Report was certified by the City Council in 1985 in conjunction with the Oak Tree West Specific Plan 85-006. The Environmental Impact Report addressed development and subsequent construction of this property with residential units. Therefore, no further environmental review is deemed necessary. Issue 2 Compliance with General Plan Specific Plan and Zoning Code This site on which they wish to develop residences is designated Low Density Residential (2 - 4 dwellings per acre) by the General Plan. The zoning of the property is RL (Low Density Residential) with minimum lot sizes of 7200 square feet. The lots for this project are larger than the required minimum. pcss-sdp 96-597 The Specific Plan for Oak Tree West permits single family detached units with minimum five foot sideyard setbacks, twenty foot front yard setbacks which are staggered, and minimum ten foot rear yard setbacks. The staggering of the front setback as required in the Specific Plan coincides with the current zoning requirements. Issue 3 Design The Municipal Code allows a maximum ten percent deviation in unit size from those units originally constructed. The existing size of building units approved ranges from 2,350 square feet for one of the duplex units up to 5,000+ square feet for several of the custom homes. The range proposed by the applicant is 2,075 to 4,542 square feet which falls within the allowable size range. Lot fencing consists of stucco covered walls and wrought iron gates. This proposal would continue the use of those materials. The exterior materials and colors would be a continuation of the existing light earth tone stucco colors and "reddish" tile roofing. Although no preliminary plotting or landscaping plans have been submitted the applicants have provided a minimum of one 24-inch box specimen size tree in PGA West where these original units are constructed. The landscaping plans will be reviewed for the production units to ensure that this requirement is complied with. Architecturally, the existing units within the project are primarily Spanish/Mediterranean in style and utilize stucco walls, archways, columns, and other similar architectural features along with a tile roof. The proposed prototype units are a continuation of this architectural style and will be compatible with existing units within the subdivision and Specific Plan architectural guidelines. Several of the prototypes propose four bedroom units. The current Zoning Code requires three full size spaces within the garage for these units. The Specific Plan does not address this issue therefore the Zoning Code development standards apply. A bedroom is defined in the Code as any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. Therefore, staff is recommending a condition requiring three car garages for all units with four or more bedrooms unless the Specific Plan is modified. RECOMMENDATION: Adopt Minute Motion 96 approving Site Development Permit 96-597, allowing the Ryder, Heritage, and Master collection prototype units for construction within the Citrus subdivision, subject to Findings and Conditions of Approval as attached. pcss-sdp 96-597 Attachments: 1. Location Map 2. Plan Exhibits Prepared by: STAN B. SAWA, Principal Planner Submitted by: CHRISTINE DI IORIO, Planning Manager pcss-sdp 96-597 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PLAN PERMIT 96-597 KSL LAND CORPORATION - CITRUS COURSE NOVEMBER 26, 1996 FINDINGS: 1. The architectural and design aspects of the proposed prototype units are compatible and with the other existing houses in the Citrus Course development and are consistent with the Specific Plan architectural guidelines. 2. The size of the proposed houses fall within the maximum 10% deviation in that the unit sizes range from 2,350 square feet up to 5,000 square feet.. 3. There are no two story homes either proposed or existing in the subdivision which eliminates any potential impacts. CONDITIONS: 1. The material of the perimeter walls around lots shall be compatible with the existing wall materials including a steel picket gate used for pedestrians. 2. The I and scaping/irrigation plans for the units shall be submitted to the Community Development Department for review and approval. The plans require Community Development Department, Coachella Valley Water District, and Riverside County Agricultural Commission approval before they will be considered final. The plans shall include at least one 24 inch box size tree per lot with other trees and shrubs provided similar in design and size to those existing. 3. Lawn areas shall either be hybrid Bermuda (summer) or hybrid Bermuda/Rye (winter) depending upon season when it is installed. All trees shall be double -staked to prevent wind damage. All trees and shrubs shall be watered with bubblers or emitters with all landscaping improvements installed prior to final occupancy of the house involved. 4. Precise Plot Plans shall be submitted for all lots upon which these units are proposed for. 5. This approval includes the Ryder collection, Heritage collection, and Masters collection as presently constructed in PGA West. 6. Prior to issuance of any building permits for residential units having four or more bedrooms, three car garages shall be required unless the City Council approves a revised Specific Plan modifying this development standard. A bedroom is defined as any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. coa-sdp 96-597 ATTACHMENT 0 CASE. MAP CASE No. TT 24890 LOCATION M A P ORTH SCALE: N 1 V 0 AT'PACHMENT 2 PLAN EICHIBI'PS AS CURRENTLY PRESENTED FOR SALE iN PGA WE$1 THE COLt,ECTION LAN ONE ■ COVFRED PATIO MASTER LIVING BEDROOM fireplace ROOM 10 ft. ceiling 10 ft. ceiling media nrcbe ey walk-in closet me %I.ASTER BATH 10 ft. ceiling FVRMATI/N, RENDERINGS AND MAP' ARE A\ AR71-T" PTION FIR THE SOLE PCRK)SE OF F-'-1RA7-\C THE LE DEVELOPMENT OF THE PRIFERTI PEf"•:TE." A — ARE SLFECT TO CHANGE `PITH °_T \.'7CE, A\. ,L PEVEaIPMENT MA, 1THUIj:,E ^IFFER FRCM THAT E^ •`R MA) \IT RE AL*00MPJSHK L)' EL: PA'E'•' EPICiED MA) BE COMMENCEP ;\ THE F_^.,R; KS:. II MAKE NO It'ARRANVE, OF KET RE.E\Tk7, \' IND OR CHARA(.PER, EXPRESSED;° .A'P::E:. A _Tr TO THE MATTERS PEPICTEP OR Q•VEKE: IERSHIP I\ 7KE PRIVATE GOLF C".LF A'i S�`LP AT TTHE PLEASLRE IF THE 6, ' .'1`.B ATE:) FR; M THE PCRCH.A,E : ; RE`:PE\T:AL PR. E :`EAEL`PER MA) CHANGE H,V: DE -I.\. UATEF:A_ :RE\ METH: PR OF Q`C\'T.R'S':1,'\ A\:' FFII:r A -H. 1,07,1 MAPS, RXRPLA\, A\.r -7, :' \ - ;SARILI' TO SCALE. "THIN 1? \; A\ ; FE; I\ qA i LE FRIOR RECITRATION I+ RE�L;F'.7 A\ IB!TE:' aA LAW. THIS PR:, —Cc— :' A,A.' U,.E ;ALE` OFF:CE OF KSL L.A\c I' C, .' A QuN—,A, CA " wet bar DINING ROOM 10 ft. ceiling movenen / ¢ro! above rw.d. cooktop Ob KITCHEN ob Jo o. ce,lrng pantry bo,lhinl _ -10- linen „ BATH 3 ,.,,r BE DROONI i loft cellrng 2-CAR GARAGE electronic garage dooropener GOLF CART FAU KH 10 1 s, .. E F. 3 BEDRCX-).\I- 3 BATHS 2-CAR GARAGE WITH GOLF CART SPACE PLAN 1 AF. • mac• _ mow.. , ni.;r • I .a• +.� • ELEVATION IA ELEvAnoN 1B �� +++t �fT�j�'}}rr. t tTv �-�C a,r r � t rr}-t•�.+•� t^i a' t� ilAs sslf �t•►ii �r►►rsi Yr}•�! ri1 1••` �t►�-�i'+'+'+•i.�,ra ti 1 `fi. �i,} ♦Y ♦►bll ► 1. i '�� ♦ 1. 1-l�•H� 'x.,,� -': •.A` .,t 1 aria ►�+�rrFl, T - '_', t .i�rY#tee: ,. ." .'e'le1v, Say"'• ta• •w '�'h �• I ` • _ 4 v, i� cT, . b `•L�i �`4' its. . ; s � ,7 t� yy,o� A�n.^.!'' � ♦ .f . 4 .i hN '3�' Y .j. j • � • ' .,^i1•.� .�'� ..-„Tc<•-.+�.._ ... i��-Y.i. _.. ...,it..._ iv �+la 4..•._ -�S..,. •� °.'t.w w- •, i Jam(. �yi.• 4ti,+va• ,..Skt ELEVATON 1C ARTIST CONCEPT. LANDSCAPING AS SHOWN N LAN TWU 0 ' 379 SQUARE FEE' 3 BEDIWYOM� 3 mniS L-CAR GARAGE WITH GOLF CART SPACE I)L.-..\ :C THE Al,',MA7 REV ER!\,., k\!' MV k;E A\ I , \L Er N F.", 'HE l,".E ',RF,"E C' !,',-� RA7 V* THE I,',,:'-E ME\T " THE i I-t- A L : '-k\l V ' 1, F'!.- V-P. Al"I AIMEV I Ri Ll\ VA-iL 17: 7 "7 'hit -r/ Y/l/I 11"i ITIC11P..;F�11 'I,"- "t, EuvA-noN 2A ELEVAMN, 2B q It t4-4,L— 41 A Et vAnoN 2C AFmsT CONCEPT. LAND cqm As SHOWN NOT �AN THREE 2450 SQUARE FEET 3 BEDROOMS 3 BATHS OFFICE '-CAR GARAGE WITH GOLF CART SPACE PLAN 3AR ATION, RENDERINGS AND MAPS ARE AS ARTISTS FOR THE SOLE PURPOSE OF ILLUSTRATING THE 'ELOPMLNT OF THE PROPERTY IEM ED. ALL L'BIELT TO CHANGE W'THOLT NOTICE, AND ELOPMENT MAY OTHERWISE DIFFER FROM THA'. MAY NOT BE AM MPLISHED. DEVELOPNENT EP MU BE (11MMENCED IN THi FCR.RE. KSL I. NO WARRANTIES OR REPRE.SENTATWN\ OF R CHARACTER, EXPRESSED OR IMPLIED, WITH THE MATTERS PEPICTEP OR CNEREP PS IN THE PRIVATE GOLF CLCB FACLI`.:E� ARE AT THE PLEAARE OF THE GOLF COLRIE C'W'ND FR,AI THE PCRCWE IF RK IESTI.AL F„PER^ `PER M4 CHANGE HOME PES:G\, MAIRMC-- . E MAPS, FLA`RPLANI AN^ PILT REI N,`T .1 T: 1u4E. °TH;, 11 N:..A1. OFFER I\ 1R REC'QRATION 11 REOURELI AV' \'Of^ `THERE L Aa TH:1 PRO '.`LCT :1 A',AI,AB:E . F KSL LAN- II CORP \TA. CA ,. COVERED PATIO po t6 VJ 4 ELEVATION 3AR ELEVATION, 3BR RFA 'Moil MIMI' ELEVATION 3CR AmsT CONCEPT. LkNDSC-kPNG AS SHOUT HERITAGE COLLECTION LANONE 2655 sQuARE FEET 3 BEDROOMS 3 BATHS 2-CAR GARAGE WITH GOLF CART SPACE PLAN I MATION, RENDERINGS AND MAPS ARE AN ONCEPTON FOR THE SOLE PURPOSE OF ING THE POSSIBLE DEVELOPMENT OF THE DEPICTED. ALL PLANS ARE SU3IECT TO CHANGE NOTICE, AND ACTUAL DEVELOPMENT MAY E DIFFER FROM THAT DEPICTED OR MAY NOT BE SHED. DEVELOPMENT NOT DEHCTED MAY BE ED IN THE FUTURE. KSL LAND 11 MAKES NO IES OR REPRESENTATIONS OF ANY KIND OR ER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE DEPICTED OR COVERED. MEMBERSHIPS IN THE 'OLF CLUB FACILITIES ARE BEING SOLD AT THE OF THE GOLF COURSE OWNER SEPARATELY FROM RASE OF RESIDENTIAL PROPERTY. THE DEVELOPER NGE HOME DESIGN, MATERIALS. FEATURES, OF CONSTRUCTION AND PRICE WITHOUT PRIOR MAPS, FLOORPLANS AND PILTyRES NOT ULY TO SCAB. "THIS IS NOT AN OFFER N STATE UOR REGISTRATION IS REQUIRED AND VOID WHERE ED BY LAW. THIS PRODUCT IS AVAILABLE ONLY IN s OFFICE OF KSL LAND 11 CORP. UINTA. CA." 5 � r ' i ,• /i..ti �.�.. >) a;-I��.f,i. Y.i �;Y �/:..�1,i'/a'r 'r4,�1'/",_ M•: .� .. ' r �" � is V M . r ... r • P-. •) • • , I I f 1 t 1 Y) { � ,.�-r �1 . `V"ri i � L .t 1• 1 � ."G � x 7 � 1 ^ , h rr • i-t+cry i c b i r I v. i• ...,.a�r•T`�LairLl,••In.�.1I L.tNH.wstL•... • I ..a:v. �. 1 • t,• ', tZ" •. _ -�'J�L r,Y � t i -i e r rt I ''�s� es:......:...._�s.-..+i>Fr., 4 _ .�.r_`J•�"�• ••r'.'•4+.V_' •� •... o. �r i # t,rn-Yi i s�•r�t vp'y i ri 1`1 t 1 r - — -= _ � � • fEiv� p.t:� � .1: ik.4- .�li o t4 is • _ .. ` ,. _ i.�.%:o .d.we•.ik_•t�i. A.Y�+�•�.tes��+,►...,r�.�.�6i -'--- Q•.•. ` 7ppF� ��- �- �: ,���•p-�'�i�.+ceorsrrr�ayra.d.Q ' �'��.' ~ - � I .CL - :f lrrsyi��l��� CI���J '. _ �.r •-_ •E iT �,� �,1' �. •.'.'♦„ •u .1 :,_ .L�~^��i-�L- -.• '. �CL�L_L-:L_.l_ .L _.� ' Ck:.�l_-�; ~._ai..t,��..ta.. �'9.'7• � ,� .' a '"c.. ♦ ELEVATION IA , . �t� • .. •ems-_- } 'i ' 1 • S yP*�e ^'" i/tid ;i• iLL vi.rij l'r i•i rL' f% nj�g�� fi �1�•• • �e ♦ � : ♦ . • •5 � I � art K a F•t t 1 L yry �/✓i(J-//i � �qY : ` T M _,, � �; • i •.• . r.l:_ , L:,_.___J L__-� 1 _ , I - - - .�S �%�"�' ��•.' `iEl�� I I; ;� ;ar�..,r', ) Y.- qt. �• ^•�. . ,_ ..:d t..� .c ill - i I_ -_1L_ - f,�L � �_ - -- r��""� �•- ' � ;;���5,.-�.�.- �t�'. _ _- � ',' ..: : . ELEVATION I B � l� - I;•• .l��1 I. "�' • p • i• .• • r*♦ i�``'jf�i' j u- 't r ` •' �1'.,)Y J Y I!4'4-- I �' • I �� :/ ♦ •v-1 yi¢ - ^7 •Y, •v)e eprl,l.. if�_,�r-;M��'' ri�� r:%rt-.'r. �:•', F. • ' �• .� � ,i.-.., r��tVi�•✓tY�r% � rL.rtr..lp�''S,7ise..e�.%r.�.�S.• _- i,+da•3-;: 17a .t_,� .- ,�. ti 411 •:` ' +'•- M1i - "" i t i t v t •. 'i I i Y _ Y t c•r i r r i, t ,� . of n,-^---'— rtk f l ''„'. r if 'A 4 ••ia. �Y. oll v l.' 1, 7I7 �'• ' I tw Lr� ,��I• . •aL •__•-_• •' _ S" —_ r :.<• - • r , ,• . .. • ' • • �,1 • • •;,�. 'max .. •,,,���: ":.._�"" �s1i. �%• 1.:.._':�. . w•MA-.r•b•% L.�'i..l.'R'�..1. «± .•i e,w • [.. ...rwy y,'4�w. .Jw<,•+ - .:+J«� ... ... i . _ 6•.•r�Y•V - ------ �' - •' L. r-" ....... .. ELEVATION IC ARTIST C('NCE-,. LSNDSCAMIC, AS WWN N BAN TWO x 4 COVERED PATIO I COVERED PATIO I i, fireplace LIVING ROOM J 13 tt. ceding media nwhr DINING ROOM 13 ft. ceiling EN 13it. U h 4 COCRTNARD NATION, RENDERING, AND MAP, ARE A\ `\CTIT'ON FOR THE 4`LE PCRPOSE OF NC THE NISSIP'.E DEVELOPMEA:T OF THE 'Er mD. ALL FLAN, ARE SLPFC7 TO I H.ANCE .." .,.E, AND ALGAL DEVELONENT M.A` GWER FROM THAT CEPICTED i K MAI N; T, FE .HE'.'. DEVELOPMENT NOT DEF CTED MA1 hE '.� :N THE F,.T,RE. KSL LAN:' II A^AKE. \, E` . F REPRE,E,TA^O\, IF W K.NP, ` R, E%'RECRED 'R IA1rL:E:', uT-H REN11,7 T' T'HE ­'<TED C R C: %FRK'. NIEMP:R,HIr ` :\ THE .. , :LB FACI:C.E` ARE BEA' \ l[' A' T.HE -wf UOJ Q`-F`c 011\En,EIAFkTL 'A-E tRE�.N\7ML r&'rFFPTHE i E hi vE PEN4:\, KtiTE FIAU, FE.A^.RE` AN;` rR:('F A:TH,`� F,AIRPLA\, AND rIL R RE, N, T --'`CA'E."T:, N,T A N OFFER I I k-1 -...`TRAT.:.'\ :, REAL IRED A\i` V. I; 1t HE°c . . Au , Tu , rR: ^'_.7 :1 V, AI LAI'LE I \Ll '♦ E .`F KSL LAN: 11 C: R' CA., MORNING ROOM 10 ft. ceiling optional media center granite top Partin r — ,II IF I i dbl. d.w. I oven KITCHEN 10 tc ceiling cooklop. O I i micro/ A grande, built-in above el. e� y n � to I/i ref, s i .. re bar I MASTER BEDROOM 10 tt. ceiling kmarble MASTER 0 BATH 10ftceilingmarbletopBATH 2 L � k-in walk-in coatsse) closet BEDROOM 2 10 ft. ceiling IL mummom1 2-CAR GARAGE electronic garage dooropener i inen BATH 3 BEDROOM 3 10 ft. ceiling GOLF CART 2872 SQUARE FEET 3 BEDROOMS 3 BATHS MORNING ROOM 2-CAR GARAGE WITH GOLF CART SPACE PLAN 2A . I.*. J-j 4� in In r *W_=; T77 F 7 F-7 r 77 ELEVATION 2A 1 -illir 11 11 V*7 r 7 EE7r -F- T- A ELEVATION 2B AL I Kttl - 4v .T Al EuvaoN 2C Any coNcErT. LANDSCAPING AS SHOWN I �AN THREE 3441, ``:.1RE FEE" 4 REDRAW, 4,42 R.�,Tli� FA\I!'.)- R,V\l �:AR GAR�JE'VM: PLA\ 3BR \, RE\I`!;:Al;+ AND MAP' ARE A\ AR-:`'. R THE ,,.E r'-RPLNE OF ILLL'STRATI\C -"NE `rME\T ; —HE PR?rERTI I`mcm: A_ 1,7 R'ITH.'l' \,'7:f.E. A\; r R•E\• 4A` ,17HERII,E DIFFER FR.'V T . A, ll`MPLLHE'.` U`l E',, rME\- u 4r r• . , R'R•E\CE:' ,\ THE P T >RaI:F. EXCRE\E: `R'MIL:E;. 11 - I - . AF l',r.F CLLR Ri 'L:Tl A. `F THE (;.`.F I.'LR`E `I NF .'HA`F Or RE.::,E\T AL I; `: Er•- R R-AI ( HA\('E H�'ME P`El:l:\ Rlk-ihlA �. MAP,, F-.A'RrLA\. A\': ril•T.RE` \.'• AN CA' Cti\'1 Rl 1` VATIC �-- COVI-RIA) PATIO ;� dr. �/ �- �I COV'I Rl 11 VATIC \OOK 10 ft cedmK .. granite topTIO maktaV a MASTER KITCtl[ BEDROOM M.- * 101t. ceding 101t. —ling 11 above T F4%1111 dbl. built-tn ROOM ed _- nv,n _deck _ef_-- Lott ce,hn4 nu I.he pants rrrt granite top r nrenla.. h.[r -- -� BATH i I \L W_-' - trn•plau- Ln�l�c X ROOM 12 It. redtnK IL ,. BEDROOM i OI'TIO\Al DE1 `• Il ce[hnK KH -.1�7`r....• ....: ..::.....+ki.'a aow•,.•+r.h.ra.•w., w.•.:.r.'a ., r>.. i.•IT �r;f) !• 3 e �. It •.}L>i••..:i`+. .•.u...._��... `.,w-T-_— • 1f1i1Y11 YAK- 1 .. w :. s � 0 , , � � � �� i' � ;I � > . 1 L l . t / L i Y J Y `r ' t i f / L I •• •� 1 Y + 8 Y • J r i,`� r , • ..,ems"' `,� .t- g.lYW'k�il r }f L .l' t � f r. �v�t :i.r1 i•� '. - �\`�.X. ,.gypYre s?rrs.fi?rs _I+ ���Tk.i C iYIF f , ELEVATION 3AR �� �' - • "4 t , �r►A i. .... .. .. ri rf t.I f01V•}t� , t ' i'i I ••�Q..,.t. 1. '.a r • `.,�n,:`i t. 1L Lip ♦I iL.r4ri j7kj}(t�'� t 11 }i 1r. ��t ' 4 ,! , .:,Y`r : i X`/ { ♦_ �T • tr1�,"r 1 t i l I r1 i Y 1` q. a 1 t %� M.i• b 4 4 t t i i t •ij t Y .. i 1 _ •5�' �'. '.�Y '' ,_T-�� t>i4��1.tFr>Lf+�G iii• � 1V��t.�I.�.t�. '14r1�♦ ...r�1��"y •. Lr':% •.;►Y-�irls.dr l:�i��f'Y i-�♦s.ast ♦+}t•i' rr• • IF- :..r'•` `,',.,.tti♦ � t i• vtllrltli �• erkrL �+ r1+Y.rFir ♦t.s�t Y•' ,• ` .. i�'• i I I_. C_: ; I ` �• 'r r_ ELEVATION 3BR j ri'e "; .i', i i i : , �IYLL iIiLY ►l1 Tiv••./vrt t: fi'r t ` t. r, •f ,. �1r4111[tr�Lrti/1Y t1 4• if JLL•1eI�•,tl1t •11�.• •..�.Jr 'i ••41•11: r / .�T �.•,iSj.t.�vts��,lii 4a1•rltW-'r''� s'`t ! Ir.�L',�1�._� ,,e r /., • •lL .P it —All tr tirL•IL.n-ets t.'' _ �ti;!`Y.r}!t{�rJ •� '7. 10 • : I f .` .. � ' • �; , � } „� • .� �' i ! _gt , f „ nir . 1 1 .. t i ! t I s M'• ' � r .. � � j,2� l Ir L ♦. y.ru 11, j f r• t t..� . � • 11t + ►• >cr�•r-Vi A L-.�.1 ..r a. t 1 F 11 4 1 t._W.w ' wYiaer°`-•♦•i'' • V ityy�7-! ♦H'-i:iYi s yam✓ ., y ` - r. .�1,...-; Yam• .IT"' i,1 ft'�.l�f I �+r;^ 'L i� i I t 1 ♦ r r'ilri►•A ►i► •Ti r►r �"t� , •.•.� � { � �j L1•144►+�.Y.1..�.L;.t.1.4 ri i .Y4444.�iVi�•V .��.-''�" •; `��. S <L.� •, •• , f-- -- �w VIA •� Ij , i r+"7- Lf'.L.a :: rf.:.: .. , �'• ,u 1 G, '� L•i ` -• ;• it 11�'• _ . Ir-- 1 . [ ►•r'--% L _ Lid' 3 X'r� . .,S r ^fit`_._- _ � ' _ � '�`,V f•�.. .. '" 1 — l r,.;.�.Ci�� 1Y - �� � a-ar ` ,_.v rya..w .._..ti. •d- .,►_• e _ - - - - - - - -ate.. - - - _ - _ - - ---- -- -- -- - - - -- --- -- _-_—'-' :R=•,t,�-__- __ _ >��a="' ELEVATION 3CR ARTIST CONCEm LANDSCACINC AS SH01%N 1 MAHEsrERs COLLECTION 'LAN W 4121 1 <QLARE FEET 4 REDR\ OM\ 4-V-1 !VASTER BEDROOM 12 it. ceding FAMu1) Rt�``ov ,I FLA\ 1RR walk -en N�Ntl built-in closet 4 dresser �� 44 MASTER BATH 10 ft. ceiling I I Iskvhght i N marble ONE media n iche COVERED DI"Im, PATIO ROOM �1 12 It. ceding GREAT ROOM 14 ft. ceiling d.w bin h-in i I ref KITCHEN media L 12 ft .,ding, '�'r niche r�-� 1 micro LJ mmmercd07 co ime granny top panto mrn taint, fop FAMILI ROOM 10 ft. ceiling wet bar 3-CAR GARAGE electronic garage door opener 4� �LAL\DRY: ,t n' ..'�. cl\IRFI�, a•, v„, ,.�.. `l ��\, ��..�.\ . , Ic F I -F t iE.-;♦ -f' :. c . - - \ . ,. , • +F: :Fz - tjF' FA. `, ?li �':i ., - � '\•: •,-'. �, iE ��•:. ,'t,: t``.. ._ •�- . ..' - rc E -F. .. r r'f 'FiE z'4TTEF`I'E!� '. E: ,,. ,c rz'FEF -i' •�f .. Tr •,. �!;� C;.,, nE bEl•., ,. � -.. ".E, ._ 'z\F� dF ;. F.1 it,, •v .uF �' c r .. .., - �- _ .e1i$iill�Ilflilirll• -_ , ,i�is!RlireiiiN�elntrlliirliii�>t�..rrn.nuurnuuparrr . -446III/Rls- MIWNltIi/NAell//f/1/W/0/NWY11111t11p11/I/lppa,:: ..10111t11��1iE1NtpMY11NIMt/t////N//o1111t!MIIlIIi11/t11��0/lit�l ��lilea1L�11E1M/1OMIrN�11./Ia11/N1/ni!/RellMuppplp111/Ii11i�11tu11/1141►. :#dal/p111''�IIII�ItM111f�MtH1i11/Id11MH11/HUi1M/tIMMMIpNII/rp.pAly/I/all f1lN= ��,. eANepN� iMrM► MOIIN�i i'IIpMAiblraYe/UM/�ifp.I�NlppMl141r1ia111i1/ �a::z;,MNulrflrlil.• *p/lppIIIH../1/1/11Mitlr"' •Irillllr� ��/ ��llpll�11o1IElf!lil�l�lil/Ititlnlre+ .u/Mirp11Y11111/pli�lll�lllflM- - �i1f10l1/t`'ul////1/CMIMIW;41111011loll, 11111• �ti� Mllrr":�Upl.n �aM1�INI11M1111pip111p111iW4k' �ppptp/�;�gpMUtp/p//W� i.li11All IIIIi11/11p111N Pont _ c�l�lt.uip1111f +alpRilf�tN11/uY11PU/lllli{OSE . � � i.. lu�' �� 'i � II.;�I,: i i I � �. ,,. ,,. � �� �" � �5 I i Ira I 1'•� � i ";. ..it i11 i LAN Two SQL 1RE FEET 4 FE[`R\vv- x- - 4-112 FATH- FAMIL) Room E\ERCH ROOM MASTER 3-CAR GARAGE REDROW 1211. ceilml COVERED PATIO -I I LIVING fireplace ROOM 1 1 14 ft. ceiling NOOK 10 ft. ceiling i boiil-m el. granite top 1 1 n II —II I KITCHEN 10 ft. ceiling FAMILI R00%I frrepla 12 It. ceiling 3-CAR GARAGE electronic garage door opener \P1R\14TI0\. RE\DERI\J• 4\I' v \r \RE 4\ iR', IQTS (.(1\CEPT10\ F.`R Tli. v)LE PL'FIV,1 OF LLL <TRATNG R1,IFLE 711E PR.'PERTIE ivic % ALL PL q\• AFE •! FE -' \\. E - ' \ "1• E. \'. T 1.. E IF ?THERA M DIFFER FRt'\1 THi' I'FNCTE!' 'R \I M \,'T BE kt\ AT1.I1HEI' DE\EL.\rVE\T \.'T DE'L'TEE' V14 H C.l\I\IE\CE!' N THE FLTL RE K-1 L+\D II \I4FE W P 4RR4\TIE : R REPFEE\T r 1v . F .11\R \, TEF E\PFE--Ei.'R RF,PftT T.' THE MATTER' 11TICI1` 'R (. %IFEI ME\IRERIF+ir, 1\ THE PRl1 qTE (:.`LF Ll F rot 11,ME' ARE RE]V; titi 1-P AT THE PLE4,l RE OF THE ,.,lF t A ROE : X-\ER EPARATEL) FR.'\' TIIE r' F rE- .:'.' 4: rF.'rFF" It r1.N;R UA1 CH A,,;; H.:\!F DF F.\. \! ATFF'.>'... FT M 7F . MEMO[I, .`F .Ti.'\ A\!, PR:-E'1:T11." 7 rRlt`F. \,":, E \I k, n n'r !' .+\• �\', " — rr. \ — rc,• — - • . it mi i SOME W-1 LAN THREE ■ COVERED PATIO `54 —' �,QLARL FEET 4 FEPROONIV , 4.1J2 F.AT}{• =.vm a Roov t BRCH RAW L �R L; i1'71JE PL.A\ 3 vanity MASTER BATH mark toF 12 ft. mhng vkvlight N I\H'R\1ATIO\. RENDERINGS ANP MAP ARE A\ ARTIST',) CONCEPTION FOR THE A'LE P RR�E OF UL:5MATING I\tiSIBLE PE\ELOPMENT OF THE PROPERTIb DEPILTEI . ALL I'LA\> ARE I. FIE.^ T, IIA\. E 'AIT W7 \'TR'E. A\; A.?. '.. f E': OTHER'ISE DIFFER FROM THAT I'ErILTiP OR MA) NOT BE A&'W%IPLISHEI'. UE\ELOPNENT \OT DEPICTED MA1 BE W%NENCED I\ THE FL7L:RE. RJL LA\I' II MAKE- \O %ARRA\TIFa OR REPRElL\TATW\- , I +\i RI\P OR I HAKj' EF E\PRE--E . i RE. PELT TO THE MATTERS DEPICTED 'R O'\EREP k1ENBERSHIPS IN THE PRIVATE GOLF CLL B FACILITIE> ARE BEING A'LP AT THE PLEASURE OF THE GOLF COLRA 0\TNER Af ARATELI FROM THE rl, RCHA�E OF KE<' lE\TI AL PR.'rERr nn n.)rPR At Ai , HANGE HONE D611\. NATERLAL. FEATIAb. METHOI^ OF (.,'\�TRC(TIO\ A\P TRICE 7UTHO T PRIOR NOTICE. \Jkrl. FLLVF PLAN, A\I` rl,TLRE, \ `T \E,-6IARIL1 T.' v >LE An PH #2 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 26, 1996 CASE NO.: SITE DEVELOPMENT PERMIT 96-597 APPLICANT: KSL LAND CORPORATION REQUEST: COMPATIBILITY APPROVAL OF RYDER, HERITAGE, AND MASTER COLLECTION PROTOTYPE UNITS FOR CONSTRUCTION. LOCATION: WITHIN THE CITRUS COURSE SUBDIVISION ON THE NORTH SIDE OF 52ND AVENUE, WEST OF JEFFERSON STREET. GENERAL PLAN LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL (LDR) AND GOLF COURSE (G). ZONING: RL (LOW DENSITY RESIDENTIAL) AND G (GOLF COURSE). ENVIRONMENTAL DETERMINATION: THIS SITE DEVELOPMENT PERMIT IS A PART OF OAK TREE WEST SPECIFIC PLAN 85-006 WHICH HAS BEEN DETERMINED TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS UNDER THE PROVISIONS OF CALIFORNIA CODE SECTION 65457 (a). AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED AND CERTIFIED BY THE CITY COUNCIL IN 1985. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. BACKGROUND: Site Background The Citrus Course subdivision is located on the north side of 52nd Avenue west of Jefferson Street. Vehicular access is provided from both Jefferson Street and 52"d Avenue. Surrounding properties to the east and south are vacant, to the north and west are residential and some vacant lots. Tract 24890 which makes up the residential lots surrounding the Citrus Golf Course allows for 562 residential lots of which 93 have been developed. The development consists of single family detached and duplex units and a number of custom single family detached residences on the western portion of the site. pcss-sdp 96-597 The existing detached single family residences consist of three three -bedroom units ranging from 3,04'2 square feet to 3,315 square feet and one four -bedroom unit of 3,564 square feet. Each of the units has a two -car garage and golf cart parking provided. The three duplex prototype units each have three -bedrooms and a two -car garage plus golf cart parking and range in size from 2,350 square feet to 2,675 square feet. The custom residences range from approximately 3,000 to 5,000 square feet of floor space with two to four garage spaces. The J. M. Peters residences are designed with a Spanish/Mediterranean design influence with light colored stucco window and door walls, red tile roofing, stucco surrounds and both boxed and exposed rafter eaves. The existing homes have section roll -up garage doors and vary from two -cars plus a golf cart space to three -car garages. New Submittal The applicants are requesting approval to utilize the Ryder, Heritage, and Masters collection prototype units, built in PGA West, for use in the Citrus subdivision. The Ryder collection is as follows: Plan Number Number of Bedrooms Number of Garage Spaces Square Footage One 3 2 + golf cart space 2,080f Two 3 2 + golf cart space 2,330f Three 7-5 + office 2 + golf cart space 2,450f The Heritage collection is as follows: Plan Number Number of Bedrooms Number of Garage Spaces Square Footage One 3 2 + golf cart space 2,655 Two 3 2 + golf cart space 2,872 Three 4 2 + golf cart space 3,441 The Masters collection is as follows: Plan Number Number of Bedrooms Number of Garage Spaces Square Footage One 4 3 4,127 Two 4 2 + golf cart space 4,250 Three 4 3 4,542 r _ Y pcss-sdp 96-597 All of the units would be one-story in height with the maximum building height varying from 21 feet for the Heritage collection to approximately 21 feet six inches for the Ryder and Masters collections. Exterior colors consist of light earth tones with reddish concrete the roofing. The typical roof overhang is 18 inches. All of the residences are designed in a Mediterranean style and use a combination of tower structures, arches, round columns and similar architectural features. Where appropriate, stucco surrounds will be provided around side and rear windows and doors. Each of the floor plans will be provided with three different facades. Each facade will be slightly different to provide variety in the units. The majority of the garages will be front loading. The exceptions are one of the three elevations for Plan One and Plan Two of the Heritage collection and all of the facades in Plan One of the Ryder collection. The applicants have not yet specified precisely where they intend to utilize these prototype units. Due to the design and use of windows on side elevations, the units will be provided with side yard setbacks as opposed to the zero lot line presently utilized in the project. Public Notice This case was advertised in the Desert Sun newspaper on November 5, 1996. All property owners within 500 feet of the subdivision along with all owners within the subdivision were mailed a copy of the public hearing notice as required by the Municipal Code. No negative comments have been received to date. All correspondence received prior to the meeting will be given to the Planning Commission. STATEMENT OF THE ISSUES: Issue I Compliance with California Environmental Quality Act An Environmental Impact Report was certified by the City Council in 1985 in conjunction with the Oak Tree West Specific Plan 85-006. The Environmental Impact Report addressed development and subsequent construction of this property with residential units. Therefore, no further environmental review is deemed necessary. Issue 2 Compliance with General Plan Specific Plan and Zoning Code This site on which they wish to develop residences is designated Low Density Residential (2 - 4 dwellings per acre) by the General Plan. The zoning of the property is RL (Low Density Residential) with minimum lot sizes of 7200 square feet. The lots for this project are larger than the required minimum. 1 f ; - pcss-sdp 96-597 The Specific Plan for Oak Tree West permits single family detached units with minimum five foot sideyard setbacks, twenty foot front yard setbacks which are staggered, and minimum ten foot rear yard setbacks. The staggering of the front setback as required in the Specific Plan coincides with the current zoning requirements. Issue 3 Design The Municipal Code allows a maximum ten percent deviation in unit size from those units originally constructed. The existing size of building units approved ranges from 2,350 square feet for one of the duplex units up to 5,000+ square feet for several of the custom homes. The range proposed by the applicant is 2,075 to 4,542 square feet which falls within the allowable size range. Lot fencing consists of stucco covered walls and wrought iron gates. This proposal would continue the use of those materials. The exterior materials and colors would be a continuation of the existing light earth tone stucco colors and "reddish" tile roofing. Although no preliminary plotting or landscaping plans have been submitted the applicants have provided a minimum of one 24-inch box specimen size tree in PGA West where these original units are constructed. The landscaping plans will be reviewed for the production units to ensure that this requirement is complied with. Architecturally, the existing units within the project are primarily Spanish/Mediterranean in style and utilize stucco walls, archways, columns, and other similar architectural features along with a tile roof. The proposed prototype units are a continuation of this architectural style and will be compatible with existing units within the subdivision and Specific Plan architectural guidelines. Several of the prototypes propose four bedroom units. The current Zoning Code requires three full size spaces within the garage for these units. The Specific Plan does not address this issue therefore the Zoning Code development standards apply. A bedroom is defined in the Code as any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. Therefore, staff is recommending a condition requiring three car garages for all units with four or more bedrooms unless the Specific Plan is modified. RECOMMENDATION: Adopt Minute Motion 96-_ approving Site Development Permit 96-597, allowing the Ryder, Heritage, and Master collection prototype units for construction within the Citrus subdivision, subject to Findings and Conditions of Approval as attached. pcss-sdp 96-597 Attachments: 1. Location Map 2. Plan Exhibits Prepared by: 6. sGaw-A STAN B. SAWA, Principal Planner Submitted by: /I C ,I /d ' 6)�-O CHRISTINE DI IORIO, Planning Manager pcss-sdp 96-597 CONDITIONS OF APPROVAL - RECOMMENDED SITE; DEVELOPMENT PLAN PERMIT 96-597 KSL LAND CORPORATION - CITRUS COURSE NON -EMBER 26, 1996 FINDINGS: The architectural and design aspects of the proposed prototype units are compatible and with the other existing houses in the Citrus Course development and are consistent with the Specific Plan architectural guidelines. 2. The size of the proposed houses fall within the maximum 10% deviation in that the unit sizes range from 2,350 square feet up to 5,000 square feet.. 3. There are no two story homes either proposed or existing in the subdivision which eliminates any potential impacts. CONDITIONS: The material of the perimeter walls around lots shall be compatible with the existing wall materials including a steel picket gate used for pedestrians. 2. The I and scaping/irrigation plans for the units shall be submitted to the Community Development Department for review and approval. The plans require Community Development Department, Coachella Valley Water District, and Riverside County Agricultural Commission approval before they will be considered final. The plans shall include at least one 24 inch box size tree per lot with other trees and shrubs provided similar in design and size to those existing. Lawn areas shall either be hybrid Bermuda (summer) or hybrid Bermuda/Rye (winter) depending upon season when it is installed. All trees shall be double -staked to prevent wind damage. All trees and shrubs shall be watered with bubblers or emitters with all landscaping improvements installed prior to final occupancy of the house involved. 4. Precise Plot Plans shall be submitted for all lots upon which these units are proposed for. This approval includes the Ryder collection, Heritage collection, and Masters collection as presently constructed in PGA West. 6. Prior to issuance of any building permits for residential units having four or more bedrooms, three car garages shall be required unless the City Council approves a revised Specific Plan modifying this development standard. A bedroom is defined as any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. coa-sdp 96-597 ATTACHMENT CASE. MAP CASE `m •TT 24890 LOCATION! M A P • s _..-1....__ • o • ,.A - -• :"'NORTH ORTH SCALE: NTV 11 AT'PAGHf�AENfi 2 PLAN EXHIBITS AS CURRENTLY PRESENTED FOR SALE IN PGA WEST THE RTT"RLV% COI,LF,CTION -NL "K COVE RFD PATIO MASTER DINING 3 mmxm- LIVING ROOM BEDROOM fireplace ROOM 10 ft. ceiling 10 ft. ceiling 3 BATH{� media 2-CAR GARAGE W711. niche .... . dbl. livlo/ w upj,�,7 .1c., GOLF CART CACE above w. closest cn.".p 0 N ASTER wcl KITCHF\ PL,%.\ 1AF BATH , bar 10 till 10 ft. c6l, ntn F NT.Y 112tt.ccii,ng line BATH 3 BEDROOM 2/ L L YR r). OPTIONAL space DEN ­—h.., 10 ft. ceding t I .`P.ce (OLRTNARI) RJIM!7,, BEDROOM I 10 ft ceiling }AL' NH RMATION, RENDERINGS MT'W, ARE kN A,-11�7, ION' FOF THE SILE FL RRIE 0`:- -`V T V THE DEVELOPMENT OF THE FK,TFF 7' A- ,E qL:F'EC` TO CHANCE 'X:TH,' - \`7, E, A\ 2-CAR GARAGE DEVELOPMENT MA- THERWN: :'!FFB F- V electronic garage do., opener OR MAY N," BE A(Vow,i-E: LIED MAY BE awmENcE., t,; THE F--, 1, KK MkKLI NO WARRANTIEN 'R I OR CHARACTER, EXME4K' .',. A',:E . I T,1THE MATTERS [)ET`ILTI!',' SHIN IN THE PRIVATE 0."LF El A-: `U'A-THEPLEANLREOFTHi GOLF CART KOM NAl CHANCE H,WE ; F•:, N. :7:, \ AV' I, V-H- lil"E. MA", RX9, :ANI A',: ' .7 F[, N - RILY TO S"J. "I H:� 11 \," A\ OM% ".A'. WOK RR111TRATION is RE�L:%F: A\ % m A%.TwS A,A -AFJ E, ,FT,,:i ,F KSL Lk\. 1! C, R )'-:NTA, CA' it d ,ff�r' Y► )• S' � � •r � i��r'+•s t x �� r al! I Vill rJ' F,11°�N�..,�4AI,• itiv�i � � �u'uC .tf� � {�i w.,. pt.,, ., "�s....•�ne'. _•. ,'i-wt.. "^V". ...•F-=, v. ELEVATION IA • tr >ti2•' ��[�r�Y;�vb�����'Yd�+Y ��� 1r„3c� ,h' ••,fis'ir �: r�;'t '.� • �, ••' ..� tf� �1'''jjj��� �E.>�,,� _ _ - r7 •'+ .j,t t � .ai Y'y,c . OLT • � tom..,,.._._...... }k - w g p ; !!�,'j ,�-r • •. •� w • , • '' et •t,�ry 1`. ..� „1.: mot. - -, :,,; � ;•� #t I• ! '; .. - rP•. •F' _ .'•4 .. +i r .r�" . .� r..r..p ,. .. r r ., .-� ., .1_'t...', is--C%. «sit 7'�•:`�.•.c �! . �t....i.,�e ',� w.. 'o.A.: �-�'° .�.----..:..ti•.;.a,; .. __ .._ .ass; _a - .� .� ELEVATION IB 1Y'r'I'r'{"i�r�i�'C*Tt�i 7¢rr�t Jri.rti"t�iY� riifi I�t�� ���•,l rtrtt'�'t'r,`1� +4•i"� F�Ylrrt�{t'II�ri1.}Y•v4rfrl.+}r.�a 10Yy i arrr� /rt, ttjr{r1k)�rtft.r�: . . # •r fl ({ q� •jlt 1t' �• ! }i rsj Jrr+.�)-)it +l�hlaj'V•rYY r)1 Y.YY7 _ Oit,L,i•"1k1��� ,may tt. �ri WI tlgl r�—ts r•rss •,� _• I t• + d�"•�"' •i_�iv1� LY♦ ♦iaY�rM. �'Y 1r � " � ,•ryr w Y � +1s4r}il...,{stiYrrY4.Y Y{rrril r+Yatr �1..I �1 •. � j ' ", ••+y� „`l f)`�rv•vf Yirlt vrl)r. ,.'P•r, - `t't - It i,+♦Yvrr rrs �r Tt� •7v • ec� ,7g�, _'� • •'�"i •,. •rh '�° ''• tiih - •i r"•�t� :ram •"� t^. •t��� ''r yi _.. l ._ �. ��•LY,� � P�'�dl � � - ,• a•••�i �t w- �; �r z�.. .• + .. �, i�r ^ ' N 1 i 1 r ... •11i' . v ... ,.�•. �z�,.-'_�.{ �wra'� a. .1��rw.._.•� �h � �k:2r . .,, .,.,.�s , , a c" , • �..s ,_-a> �s»iw� - _ _ 4f�tleltY�+'II�S9 rj}i r �. ,xl'�------ �•'"� ELEVATION IC ARTIR ccwcm. LANhti APING 4s �H,%N NO' LAN I-- I -I WU 0 9- 0%J RI 1) PATW I IVING ROOM tin,pl— loft —hiig DINING ROOM 'o it ceiling pant,, KITCHF\ 10 ft. ceiling c..kt.p, I-1 g0, y dbi desk .1tin, n I, h- LA L N 1) J 4T I N iR,Y H MASTER '12 ft. ceiling to �BATH �ICJI t ?,7 X MASTIR OF DR00%I 10 it -ihniz 10) %RD rAL , —f A—L 2-CAR (,All AGE O-t".." garagedo", opener BDROOM 3 10 tt. ceiling B NTH I (.()I I ART BLDROOM 2 )0 it ceiling 379 �Q, AKE FE---- 3 BATf i, I L , l:Ai, UARAt',E WiTil GOLF CART SPACE THEN- v- 'r 0.•y •d` e�#-/,S, ',.�irtffvrr,.�t�; 'i-7j i. d.��t.iv: t�•�jt t -� • e .. 1, F' r 3' 4 l� a;JA r ♦: , t t , t a t t {-a+ ijrt i'tz•': • 1? #t+l� .4+sa r ,�z �-p...? >< - �t� . �� ��.}� 'f 1 I t i � a i t 1 },wpra r 1 t { 1 ♦ 1 1 •'^ T �e ,�„� . ;.,�i, �' t �` ` r .. � .. _.a.. _...M..,-....P....._......�s.�.«..�........._._.. =• .�' f - .�- a � : � IiY y� e r .s t f� r. [-"tomJ .-r �. Y�.•� ....��T.,;1 �yl.- '.��t. t4 � S. "� i+` .. t....-fir,•. �..M..!•HT K, e ' r3 4 -Y-' .. _R.i'.w . _ `$J .s$"?9m' 7"s '.? 4-`:3., °4P"' _ .— v z� .. ,• fi �-Wmli-1`I�r�eF.asasr�-' ELEVATION TA ` .' ' � ' , 1 a r )-� d �d / ' rat' , �• �• A t s r i6{' v4•' $ +}� ..' -�'•t{•-- �,y4,...w8� I{-� F•H ' *H �'�,.7 - t • -_ I' .�, 4�" �;i { s "f + tt S�'v. •+.�?►-y*~�.rY _- ,+ --i� -i��i�=-- liU- -- p„ 1 a. •.Jrn+�6 , � -far �5• •nM+�M.•9.+w .�Jlr .'r 7f" ,y,• ,.....�• � �'.....� ELEVATION 2B �'i i� y a, is •a �t s �- a -+r t s e r t_ . 'riitf,I�Tr`r , {,1`Tir iF�it.�v�.ii�ilrr.li•,i •S �� � b KYi}l91b1..{� 4G4•,k1{1ib4attr�ro..e, L ' ' v• � r P � •j 7 � r 1•t1.r#rwtti4ti..vvv.t �. � I S' ..i _1 ry �.•l.l' l . L .'fyv' ,..I .�5�•/�j�{{pf1 J i1� v `emu • N . - _.F'T---wl -- --n f--A'r—,�' � it S • pSy�~,� �{ "'� ,j � 1 �. 4 � � � ' � }� � • � ' yy i���•Cy� "� !". i ,�'Q y� -•' - -� � � .r=-F_�-- `�-' I=--� �'--� �-� ,ram. , / �'- ,• .'� {, � �; °-•-�:-fyk. �; .d -bw. ._wy.rt'� F. ,:., Y.. �.M•. I,S bY.-i-..r-AI .. u..r :: 1� *9•.• - .s Vw ELEVATION 2C f AansT CONCEPT. LANDSCAPNO AS SHOVN NOT N JAN THREE 2450 SQUARE FEET 3 BEDROOMS 3 BATHS OFFICE 2-CAR GARAGE WITH GOLF CART SPACE PLAN 3AR YN, RENDERINGS AND MAPS ARE AS ARTIST" A THE SOLE PURPOSE OF ILLL'?RATING THE OrMENT OF THE PROPERTI ivic:TED. ALL 'JECT TO CHANGE WITHOUT NJTICE, AN[' OPMENT MAI OTHERWISE DIFFFR FROM THAT IAY NOT PE AMVPLISHE2. E'EVELi PMEN'. MAI BE UIMMENC'FD IN THE FL7L'RE. KJL S \O VARRANTIE\ OR REPRESINTATI `N' OF 'HARACTER, E%PREC EP OR INIPLIEP, u'Cr 1E MATTERS DEPIRTEP OR Q`VERE: IN THE "RIVATE G,' :F CL: R FP (1LI7'Ec A R'_ HE PLEASLRE OF THE GOLF ':JI R'E IANE6 OV THE PC RCHA�E JF RKPENTI A: PRE 'ER7' ,R MA) ;:HANFE HONE PK(.\, MATER:AL,. i, , ,'F i''NITR, �T .'\ A\' FR:,'E 11 Tu-- 14A( K,V ULANI A:' PILT FE, \,'T y A.E „THb . N.': AN ,'F:R :N REC ITRATL`N 11 REQRED AN.' HEn6 (AA TH., PROPL'(': I, A\'AI.ABLE ON:) 1\ Kul LA\: 11 C,'Kl CA" ■ — I COVERED PATIO I ELEVATION 3AR .. - 7 , 4L ;Ole It io t —J, iE_1 _X 2, ELEVATION 3BR _ sli �:Lf (guy,, :e +r�irrr���n �•74t. j''�AG� t�'e � . i.'� ( T � l*���•, - . f ",r 1Tr7 t_7 'r x FT C-7 =�J7'T r, s 441 nk ELEVATION 3CR ARTi,7 coNcm. LvNr,,-.kr1N,;.k� �14.74N N' 4 HERITAcE COLLECTION LANONE 655 SQUARE FEET 3 BEDROOMS 3 BATHS 2-CAR GARAGE WITH GOLF CART SPACE PLkN lA MON, RENDERINGS AND MAPS ARE AN ICEPFION FOR THE SOLE PURPOSE OF 7 THE POSSIBLE DEVELOPMENT OF THE PICTED. ALL PLANS ARE SUBIECT TO CH kNGE MCE, AND ACTUAL DEVELOPMENT MAY fFFER FROM THAT DEPICTED 01 MAY NX BE ED. DEVELOPMENT NOT DEPICTED MAY PE IN THE FUTURE. KSL LAND II MAKES 1,0 OR REPRESENTATIONS OF ANY KIND OR EXPRESSED OR IMPLIED, WITH RESPECT -'0 THE ICTED OR COVERED. MEMBERSHIPS IN THE F CLUB FACILITIES ARE BEING SOLO AT THE THE GOLF COURSE OWNER SE'ARATELY AOM SE OF RESIDENTIAL PROPERTY. THE DEVELOPER F HOME DESIGN, MATERIALS, FEATURES, C- NSTRUCTION AND PRICE 11TH01.7 PRIOR n FLOOILPLANS AND PICTURES NOT TO SCALE. "THIS IS NOT AN DFFER IN rTATF R REGISTRATION IS REQUIRED kND VOID WHERE BY LAW. THIS PRODUCT IS AMILABLE ONLY IN' ,FFlOi OF KSL LAND rI CORP TA, CA." COVERED PATIO DINING ROOM 12 ft. ceiling LIVING y MASTER BEDROOM ROOM fireplicro I 10 fL ceiling to ft. ceiling hosed.w.s4n Tm. KITCHEN 12 fL ceiling I niche I I pan Vcooktop S dbl. I I MASTER BATH coafa� granite top OVM grande top 10 ft. ceiling marble ENTRY top 12 ft. ceiling. wM of J O bar BATH 3 Valk -in walk-in closet _ f closet jgj I ,,,. r-., REB 11I011RIIRBRR BEDROOM 3/ I / BEDROOM 2 OPTIONAL / OFFICE mnn � 10 ft. ceiling 10 fL ceiling r COURTYARD BATH 2 e 2-CAR GARAGE GOLF electronic garage CART door opener r r a r• rl 1 , �, i'M ]'•`•Rx:.. �1ai },�`I-,y �,•1•J '+"r � � r. -1'l-�sF kt ro-« fi s e e f j'>�,< .`. , . , ,r.tStre.. t.p r+fl•., ... i.to.i ...r-�.i.btwcr.�1'k�..*,, ,. . , .. .� fA', 6;'�1., 1+ L'fd ��t• Yft �' r. �f�iix. •. ��tq __-.-. v_ .:, �,,. e.., ,.. m,._.,........; -». ,.. ,,..1k�r .� �• k. r X+"y�i'♦r4`s..'� Ff-♦ IC�i{Y'kin ris ..Y i• Ox.i .mx �trital�..r'n.. n.4ll.rw �tt •#6j J/.♦ !• rvs-y+ar�t�#r►t•74r1�i3{Y � i it rr . �� i► .F s f i s'{1T v .rk i Y +�G � 1 � r �.�,-�,�p r � � 4 "t•�•66V��;�({ �r r �I= #.5,� ���vrrrM�.%liiYO Y.L i�►�'Fe.>�11>a�ls ,.�i`1� �. 1:" - _ . bra>j�al��t..t+�!<I.�+ira4wt-+.r.4 r�i t- f.La.ry. a#.WF-r •�-4.?•Yrv.� F � 1.1.x.tlk'r. t-3 Yl�.b.y+t�d, 4i {6a�.. u�qp .. _ _ - . i_ - _ f°^- w u ; • _ u'+' 4 .. I; -• :�� ��r rm•—+r - -if .x..{ ..r .,i . • - - - -- - .. - - -- - --- - '- - tip - -- --- - " ' _ w• .y,' .. .• a ELEVATION IA , �S ` � 4 , t • ., o � s- S . j � jr � � j-: *-wr i�•: t � 1 1 t �►# i Ff ,$ . , , • ' � �` 4 � r�r �Kir�.'rr.r a,etfJ,•si'rr.��l��r,��4i��'�r���tf.�� ,+f,� { ' f i .rM1ftr r '#. ''�;•' , `µ r•ii'�f, 1.. }.�i,i�. � _'r ':� - a•� irEs t*t fisr'.� ..`4,, •�x€�� .tY't�.'//—rrfis 8Y '���' 1 7• , -`�i.. a4._-`�. k _. r x i 1 ►. 4 t44 fti #i f lfii }ityr a t � _ l _ ��`Ail ��d _ ! i � #� � � I .. .I 1tr--- -- 4 ---A �Y i��-i 4 � q � � ,�_ _'� �'�' '3 .-�+i�,i' •'f__ _ _�•'_'_i ,s}*�—«_'��a,. _��i-. _ _— _ - _ t H. • lF. .�>. • ' �__..• C_-_. 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II i�'ta t •�'� i�-��° s�etKt�fjpy7` f ,�� .fa,4• r.4,i•e�•£i.i.l.,�.+�.e„re:�>k.r.W+�+.+.r..,.t.r A•a t;., k�i�,�w✓.s.r.�t .c4w;d� ....�..---?��+i�.�';;•. . • � �.la�.f: .1.;� t�. h��.d tf , �l . 1, �•�. ' �. p �, I,� -..� �,p •I r";"� . .. � '`� � � �� � I• � � - , r-. - r -- r--- <<r- ELEVATION 3AR y t - s r" t s;'ytl il7•sl.,,� }r trrbr 1..,,d ¢j' ``.•'.r�`•.` .v• -t INf1lWlrli .lii�pr,,.c i.%a,J..��{.�rb.,.i.Al,l�ul�+xsir�lsi;•}3• f-" •y' rlir,la:r+a"w;�la r'ritrsf f.:ssr;T-f;.�.' i.,,--F .•- ��r's, ` i d c��1 r+Ir r4�• �s ��:., •a.r'V'i `4�d�!�!•l�i rair fai�tl ... •'• -. . ,a1 i .� t r oa j�-� Lm-� •" -,, ,� :a,' S'* -w- t • III _ � ,5+�. �L� i,' �•`J �- �� I ,,, d "•"�Yi' �I - r y �• 1..+'„1 �� �_ !/' r � _ �WY��, � s' . 7i� • " . 'G�t1-�i.• aq., •r: _. r;w:- la>/,. t..- ��' -i �-� -: � 4 !. g,� . � q" Jam/ � 4� ,,, I-'C"F.Fr .FCC ELEVATION 3BR r ! �sr�i �.j. �t�Y�„.r... ,�iaw.trlri��ll :l �••{�: ! n s :I, h. ,"', i L.i r.v. �. I�AI• � +i � •'� •t'�r r•r 1A. ., � ' jr1 _ 1. �. 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ROOM ou he 121 1 ihrig 14 ft. ceiling ^ no— gramh top kl-A I\TR) d—ur 12 tt. ceiii.g A stlinen 111� PWDR. t _,T 7-4 11.11TH1 "c.11 tn u, 1.,,, n BATH loft ceiling linen kvl,ght L OL ITT N AIII) ini"bl, tz,F BATH 4 jAl A BE DROOM 4 10 tt+ —hng GLFST BEDROOM 3 if BATH 1. top FAMIIN ROOM .It b., medt,t ntctk, firrplmr BEDROOM 2 \t)RN, NH fAL FAL 1-CAR ( 11 V I elI,t,.n:, g�2,:, door open- ------------- 9 rM{Ilil.{PlIi�Glr��i�ilul�pi11Il,;''4�� {^r�ii����'�1'I��n+tll`��'il.i+{i-'1'�'��7' � E`.^II��;"'�I1i�i��fi� .,.u�it•.r�C�,.xx�xri�il �i ..o;nru�i u.•.iitl.�� wevY,;nl E ,�i t �, -i 14 quo Two LAL,L --- 42 5 : 4 5�?PR,vv- EXE.Rcl'�E Room 3-C'.AR U\R• G[ I'L .\.\ 2 \ COVERED PATR) NOOK 10 ft. ceiling LP4wet 1'1TIU t-, bar grini nuketop z �-'- - I LIVING fireplace ROOM L 14 ft. ceiling uigranite top KITCHEN loft.ceiling W4Thl\. RWILFIV;, 9 Till 'If Tl R!, 'F j',-!E,Lr i.vA:: r \, 4q • EI- - , RA I,F 11IFTIR FR,'%! 7H 1' I' 11:.-71: E, 11 A. . FE V 'V: '11H. L' ;E, '1.V %) Ft , AIMIM P T'.-! 1[ 11 \K1, V, AqRRA\M, 'l, RFFFf,f 'IN, 4Kf BEA, I,'!! ATlli!!-i 'QP \.VVlR I,- tf%T'.r[, V TH,1-4-'\-� n i \f _ M�\_"��.., „^'u:\/!�/M:•!i�\�M►06cmatSI/Wi9NN���i/i��/t�A7�lA�\H COVERED PATIO !NOOK 12 ft. ceiling wet UP '1----- - I' -_ -__ ef. r re bar rT micro I granite / to media niche LJ ---r FAMILY built-in) t fireplace ROOM �� ref. I KITCHEN I LIVING I 11ASTfR 12 Et. ceiling 12 ft. ceiling ROOM fireplace i BI DRO011 Ir- W.-' C—Y commercial 14 ft. ceiling K i_ J 12 tt ceiltnf; cooktop,� granite Ijol p O in stche �\ Pantry I 4714-oven : y1 �i 11:E FEE: DEN/ . OPTIO\AL r=-- I` I1" 1 1 1 BEDROOM 4 70 ft. ceiling f FOYER 12 ft. ceiling* r \ walk-in r [ .a- --r boil)-:n close) I dresser _ F, \Tf l- linen - R ,\„:., , \' �i:I. DINING f :i ROOM �t - fell\\� BATH 4 12 ft. ceiling O\ - �_ vanity MASTER BATH 2 - BATH mach): 12 ft. ceilmt I linen skshg- ` LAUNDRY BEDROOM 2 '� was ry. Imen L I' 10 ft. ceiling � -- 4- � I COURTYARD -- ri f� WH FAU FAU _ L-1 LJ EXERCISE ROOM 9 ft. ceiling • 1 f7, I F-- b walk-in J FAL clmef vt{ 3-CAR GARAGE electronic garage GUEST/ door opener BEDROOM 3 10 ft. ceiling BATH 3 NIATL'\, RE\I'ERI\,.. A\D M MI 4RE A\ ARTI.?T.S CONCEPTIO \ R)R TIIE rtf Pl'REV-E 'F ::a STRATI\(. R', IBLE PEVEW MENT ,'F THE MVIRTiE> PEPIBTI: A-. I'L4\, AFE I F o ' ., , r \. F 'd '\ -„ _ .4 „•� r - -p RIX I,F DIFFER FR,`V ' It AT P PItTEI' OR MA) \.'T BE A, 6 VEL WEP I)I\11,IPME\T \,'T 111'k-E, VA} BE (\AtME\c.El` 1\ THE RTl RE K.,L LA;, II M WE \.` \I ARE A\TiE, OR REPF1 \', ATl,'\, E. T TD THE MATTER f'EPI(TEP,'R l . MEMRERsHIf, 1A'HE PRIA ITT cn'LF , L1 R I V ILI'IP ARE BEIV, v11P AT THI PLEAsI RE .IF THE WLF ,'A RE c»AER 1Ef ARATEf) FE,`V THE Pl R, IIA,i - RE• • . FF' :.'I ER VA) .11 A\, , HOME I`F>h \. VATER: A.,. FE ATI RP. \IFTH,`I^.)F,.1%,TK iTI,'\ A\;' PR: I'I MIA I PRIOR V Tl, I. MAft. FILAR N A\, A\I` PI, Tf BF-\'7 `.1, P-AP11I T ., . l' PH #3 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 26, 1996 CASE NO.: ZONING ORDINANCE AMENDMENT 96-053 - AMENDMENT TO THE MUNICIPAL CODE SECTION 9.60.130 - RECREATIONAL VEHICLES INITIATEI) BY: CITY OF LA QUINTA CONSIDERATION: CONSIDERATION OF AN AMENDMENT TO REVISE THE CURRENT CODE BACKGROUND: At the City Council meeting of October 1, 1996 and October 15, 1996 (Attachments 1 and 2), Council received several comments from numerous residents who expressed their objections to the current Recreational Vehicle (RV) regulations as adopted in the new Zoning Code. Staff was then directed to take the issue back to the Planning Commission for a public hearing and mail a notice to the occupant of each City address, in addition to the required normal newspaper publication, notifying each resident of the date and time for the Planning Commission and City Council public hearing. Staff did a bulk mailing, published, and posted the notices as required. The City Council also suspended enforcement of the regulations pending re-evaluation of the Ordinance by the Planning Commission. The issue is now before the Planning Commission for a recommendation to the City Council. The existing ordinance permits an RV to be parked in the side or rear yard provided it is screened. The RV may be parked in the open or in the street for no more than 24 hours at a time. The City of Indian Wells' regulations were used to draft the adopted regulations (Attachment 3). OPTIONS 1. The Planning Commission could recommend that the City not adopt regulations pertaining to the parking or storage of RV's with the exception of the 72 hour storage limitation as provided for by the California State Vehicle Code for parking on a public street. With this option, the property owner could park an RV, as they have been defined, anywhere on their property. 2. The Planning Commission could recommend maintaining the current RV regulations. However, this would continue to create problems with small lots or the lots in general that have been constructed with small side yards. PCST.01 Some options the Planning Commission can consider are contained in Attachment 4. The Planning Commission can chose to recommend one of these options, modify, or add to these recommendations. STAFF' COMMENTS The City currently has no RV storage facilities within its corporate limits. There has been no study to determine how many spaces are available in the Valley, but according to those that spoke during the Council meetings, there does not appear to be enough. In addition, some RV owners have indicated that paying the storage fee and/or the uncertainty of their RV as it relates to vandalism, is of great concern. RECOMMENDATION Staff would recommend that the Commission take public testimony and review the options. Based Upon the discussion, the Commission can close the public hearing and continue the Commission deliberation to December 10, 1996, or, continue the public hearing. In any case, provide direction to staff regarding any option changes. Attachments: 1. Excerpts from City Council Minutes of October 1, 1996 2. Excerpts from City Council Minutes of October 15, 1996 3. City of Indian Wells RV Regulations 4. Draft Recommendations PCST.01 2 ATTACHMENT 1 City Council Minutes 21 October 1, 1996 Council Member Perkins spoke regarding the construction on Highway 1 1 1 and expressed concern about keeping the entrances open into the Plaza La Quinta Shopping. Center during the upcoming holidays. He also advised that the street signs are not illuminated at night at Adams Street/Fred Waring Drive and Adams Street/Miles Avenue and the street lights stay on 24 hours a day. Mr. Cosper advised that the east entrance of the shopping center would remain open during Phase II of the construction except for intermittent closings. Council recessed to Closed Session to and until the hour of 7:00 p.m. Mayor Holt abstained from participating in Closed Session due to a conflict of interest. 1. Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located south of Highway 111, between Adams Street and Dune Palms Road. Property Owner Negotiator: Christine Clarke. Tom Jenkins, 54-690 Avenida Ramirez, Head Coach of the La Quinta High School Wrestling Team, presented a letter asking for financial assistance for the La Quinta High School. Wrestling Team. The following individuals spoke in opposition to the recreational vehicle parking regulations in the Zoning Ordinance: Calvert Harlekseu - 53-745 Avenida Navarro A. C. Moore - 53-795 Avenida Juarez Gary Angel - 53-720 Avenida Villa Robert Burt - 52-415 Avenida Vallejo City Council Mites 22 October 1, 1996 Sue Coulston - 52-100 Avenida Villa Carol Johns - 52-805 Avenida Rubio William Neuburger - 53-860 Avenida Carranza Paul McCulloch - 52-045 Avenida Martinez Dennis Maloney - 52-345 Avenida Martinez Dana Brown - 53-705 Avenida Rubio Jan Turner - 53-750 Avenida Obregon Julie Updyke - 52-055 Avenida Villa C. J. Johnson - 53-671 Avenida Villa Cory Turner - 53-763 Avenida Obregon William Turner - 53-750 Avenida Obregon Council Member Sniff advised that he shared their concerns and wished that things had been done differently. He asked that this issue be brought back to Council for reconsideration and possible amendment. Council Member Perkins agreed, advising that ordinances can be amended. He suggested an immediate moratorium against enforcement of this section of the ordinance until this issue is brought back to Council for a good hard look. His only complaint regarding RV's and boats is when they are parked on the street for long periods of time and the street sweeper is unable to clean the street or when grass is allowed to grow beneath the vehicle. He also felt that the City should work on its public notification process. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the Council cannot take any official action on this matter because it's not on the agenda. However, the City Manager has administrative power to extend the deadline for being in compliance with the zoning ordinance and thus allow time to agendize this matter for Council's reconsideration. Council Member Henderson advised that adoption of this ordinance was a long process wherein a substantial number of people attended the meetings and asked the Council to restrict parking to 24 hours instead of three days. Council struggled with the ordinance and the issue of regulating the use of one's own private property. She advised that she voted for the ordinance, but was not comfortable with this issue and is pleased that it will be reconsidered. She supported forming a Council/resident committee to work out the details. Council Member Adolph concurred, noting that both the Planning Commission and Council struggled with placing restrictions on the use of private property; but the only public input Council received was in support of restrictions and none in opposition. He was in favor of staff getting together with residents to gain input on this issue. 00 1 Cb >�` City Council Minutes 23 October 1, 1996 Mayor Holt commented on Council's appreciation of public input, pointing out that they must know what the community wants to effectively carry out their responsibilities. - Mr. Genovese, City Manager, advised that this matter would be agendized for the October 15, 1996 meeting to discuss methods for reviewing the ordinance such as a Council/resident committee. Ms. Honeywell advised that it could be agendized and discussed in general at the October 15th meeting, but the Council cannot take final action on it until it has gone back through the Planning Commission public -hearing process because it's a Zoning Ordinance. She advised that public hearings require ten days public notification prior to the hearing, making the second meeting in November the earliest date for a Planning Commission public hearing. If the Planning Commission makes a recommendation to Council at that meeting, then it can be scheduled for a public hearing before the Council sometime in December. That would be the minimal timeframe for revising the Zoning Ordinance. Mr. Genovese advised that staff would place information regarding the public hearing dates on the RV Hotline. Kim (Russell, 51-225 Avenida Velasco, spoke toZenvimental ondence No. 1 from "Voice of Our Children" in regard to the numbers among children in the valley. She asked Council for help in gettinagencies to test the valley's water, soil, and air in an attempt to finde so many leukemia cases in the valley. In response to Mayor Holt, Mr. Genovese, ity Manager, advised that the Assistant City Manager would help them identify gencies to contact. Council Member Henderson sugg ed that they give the same presentation to the Human Services Commission so ey, too, can track this issue and keep the Council informed. Ms. Russell didn't wish to eate a panic, but pointed out that 1996 already has three times the expected n ber of leukemia cases in the valley and the Cancer Surveillance and Trac g Center .doesn't seem to be alarmed. She hoped that with the City's influence, me type of investigation might move forward and that people in the valley with ildren inflicted with this disease would contact them. ATTACHMENT 2 LA QUINTA CITY COUNCIL MINUTES ,. October 15, 1996 Regular meeting of the La Quinta City Council of October 15, 1996 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None Gertrude Cheney, 54-255 Avenida Carranza, spoke regarding the rights of hikers using the bike path versus bicyclists. She felt that bikes should have lights and some type of warning system to alert walkers when they are approaching. Karl Keller, 53-965 Avenida Cortez, urged the Council to extend the allowed parking time for RV's in residential areas to 72 hours which he felt would be more in line with other communities and less inconvenient to RV users. He felt that having junk cars parked in the neighborhood was a bigger problem. He also spoke about dogs running loose and leaving their excrement on the bikepath. Mayor Holt advised that the Council would be taking another look at the RV issue and that the new parking restrictions wouldn't be enforced until that review has been completed. Tom Priestley, 44-300 Camino La Vanda, advised that he was told by the Planning Department in September 1995, that his property is not subject to the City's setback provisions because of their CC&R's. Therefore, he didn't feel that he was subject to the new RV parking restrictions. Mike Seems, 52-925 Avenida Bermudas, spoke against the RV parking restrictions, advising that when he constructed a parking pad and block wall for his RV, no one from the City told him that he wouldn't be able to park his RV there. John Klimkiewicz, 77-318 Calle Temecula, advised that he's been a resident for 20 years and didn't expect seniors to be penalized for owning RV's when he voted for incorporation. He felt that the ordinance is unfair. Jack Barth, 77-125 Calle Temecula, also spoke to the RV issue, advising that it's difficult to find a place to park RV's and he felt that there's worse blight in the City than RV's. City Council Minutes ic Council Member Adolph advised that he would noting that his only concern has been to prote5 0 .J October 15, 1996 hatever Council directs, City. Council Member Sniff pointed out that t process will continue with or without Council Member Adolph's partic' ation and he felt that this Council should speak up and let SunLine kno that La O.uinta will not support this movement in absence of complete wry en information. Mayor Holt advised that other citiefshare the same concerns. Council concurred on directing uncil Member Adolph (City's representative on the SunLine Board) to not pa icipate in any further Closed Session meetings on the issue of providing po er service and on directing staff to prepare a letter to SunLine Services oup that this City Council does not support the process and without adeq to information, cannot support the proposal and, if necessary, will withdra from the organization. Council Member Adolph dvised that he has informed SunLine that he will not vote for the MOU wi out Council direction and they are looking to get approval of the MOU at their October 30th meeting which he will not be attending because of Council's own scheduled Study Session meeting. Council Member S if expressed appreciation to IID for the great job they've done in providing od rates and service for a long time. 2. DISCUSSION OF THE REGULATIONS REGARDING THE STORAGE AND/OR PARKING OF RECREATIONAL VEHICLES. Council Member Perkins suggested that this issue be referred back to the Planning Commission and that any individual comments or suggestions from Council be forwarded to staff. Council concurred. Mayor Holt advised the audience that the new RV restrictions would not be enforced until the Planning Commission and Council have completed their public hearings on this issue. Council Member Sniff suggested that the public comments received by Council be made available to the Planning Commission. City Council Minutes 19 October 15, 1996 After discussing various ways in which to notify the public of the public hearing dates, Council concurred on directing staff to mail a notice to the occupant of each City address in addition to the newspaper publication. The notice will include the public hearing dates for both Planning Commission and Council. Council recessed to Closed S9ssion to and until the hour of 7:00 p.m. 1. Fm 3. Conference with legal counsel regarding on -going litigation: Granite Construction, Case No. 86195 pursuant to Government Code Section 54956.9(a). Conference with legal cou sel regarding anticipated litigation where there is significant exposure to litigat n under Government Code Section 54956.9(b)2 to decide whether a Closed ession is authorized. Conference with City's real pr perty negotiator pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real props y located at Lot 190 of Desert Club Tract Unit No. 5 (southeast corner of venida La Fonda and Washington Street). Property Owner Negotiator: Je y Herman. Ned Millis, 54-785 Avenida Ramirez, Presi nt of the La Quinta Historical Society, expressed appreciation for the City's Conti ued support and invited everyone to attend their upcoming event at Hacienda del G to. He advised that they were giving away a free limousine ride to the event and as d Mayor Holt to assist him with the drawing. **********®*** Tom Cullinan, 73-385 Juniper, Palm Desert, spo a regarding the opportunity to promote La Quinta during the upcoming Skins Game Rancho La Quinta and advised that John Pena will be assisting them in pinpointin organizations to help in this effort. F0'd _Iy101 ATTACHMENT 3 INDIAN WELLS MUNICIPAL CODE 11.39.0100) ftoning Cart $12!3=. Pal �it 4W ;*64 ►itya 44 Idii contain snopping cart storage areas for such uses as supermarkets and drug stores. The dimensions and locations of these storage areas shall be determined by the Community Development Director. 11.32.010(Rl Ommy-er r rds and, wheel Stops. Bumper guards or wheel stops not less than six (6) inches square, permanently anchored, shall be used where appropriate for all motor vehicle parking spaces. 11.39.010(k) Qrading. All parking areas and driveways shall be graded to prevent ponding and to prohibit drainage runoff from entering adjoining property. 11.39.010(0) LighlLng. All off-street parking areas for commercial establishments shall provide night lighting throughout required parking areas at all hours of customer and employee use. Lighting fixtures shall be of the box type (sides and hood) so the light source is not visible. Poles for such fixtures shall not exceed eighteen feet (181) in height and shall be arranged to reflect light away from adjoining properties and streets. Up -lighting in landscaping, low level walk lights, and lighting diffused off of wall surfaces are also encouraged. Lighting plans and fixtures shall be approved by the Public Works Director. (Ord. 352 § 1. 1995; Ord. 325 113, 1993). 11.39.02q Q,"JMes brkina ReguirgA. The purpose of this Section is to provide sufficient off-street parking and loading spaces for all land uses. Off-street vehicle parking shall be provided in accordance with this Section when the building or structure is constructed or the use is established. Additional off-street parking shall be provided in accordance with this Section if an existing structure or planned development is altered or a use is intensified by the addition of floor space or seating capacity, or there is a change in use. i ne numow oT OTT-WeeL parking spaces required shall be no less than the following for all zones within the City unless otherwise noted. 11.39,020(s) Residential Parkina Reaui_rements. 11.39.029-(a)l1) Conventional De Single Family Homes. Minimum of two (2) spaces per unit located within a garage attached to the structure. 11.39.02019)(2) IUI Dwellino A two -car garage is required for a studio/one bedroom; and a two -car garage plus an additional one-half (1 /2) space per unit of guest. parking is required for two or more bedrooms. 11.39,020(a)(31 ,Guest ddna. In addition to the above required parking, one (1) parking space shall be provided and designed for guest parking for every four (4) units unless guest parking can be nrevided on nrivate streets. 11.39.020(a)(4) Parking Restriction Reaardina Recreational Vehicles. Parking and/or storage of boats, detached camper trailer, dismantled vehicles and other trailers in a side yard or street is prohibited. Parking or storage of motor homes or campers for more than twentlr-four {24) ours at any location or any combination of l atcons within a tty as rohibited, excep w in a rota y enc osed structure approved by City Architectural Landscape committee. In addition, the use of a two (2) car garage shall be for automobiles and golf carts only, not for the storage of boats, trailers, etc. 11139a 24 p(b) rtom em rtial_ Pakina Requirements. 11 .3 9.2 20 ( h) 11.1 Offfees, Administrative, ButInes&.9�Q-cal. One space per two -hundred and fifty (250) ATTACHMENT 4 OPTIONS FOR PLANNING COMMISSION CONSIDERATION REGARDING "RECREATIONAL VEHICLES" Currently the Code is written as follows: Section 9.60.130 Recreational Vehicle Parking. A. Purpose. Recreational vehicles may be parked or stored on residentially zoned property only in accordance with the provisions set forth in this Section. Recreation vehicles parked within a validly established recreation vehicle storage facility are exempt from the requirements of this Section. B. Definition. For purposes of this Code, a "recreational vehicle" or "RV" shall mean all trailers or any vehicle placed on a tailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motor homes, travel trailers, "5th wheels", and camper shells. For purposes of this Section, "stored" shall mean the same as "parked". Staff is proposing the following changes as options to be considered by the Planning Commission: OPTION 1 C. RV Parking/Storage locations. 1. For lots which are developed with a private single family residence with interior side yards (both) of eight feet or less, and no other on -site parking areas located outside of the front or sideyard setback, RV's may be stored in the following location: a.) Within an existing carport. If an existing carport is not suitable due to size limitations, then the following location may be used: 1.) Interior Lots: Within the side/front yard setback areas located adjacent to side yard property line and/on/or adjacent to the driveway. 2.) Corner Lots: As an option, the RV may be parked within the rear yard area adjacent to the rear property line and the structure, behind the front sideyard setback. b.) If these locations are not available, then the RV may be parked on the garage or carport driveway. 2. For lots developed with a private single family residence with an interior side yard of more than eight feet, the RV shall be stored within the side or rear yard setbacks behind the front yard setback line and shall be screened with a six foot fence, wall, or view - obscuring gate with appropriate fencing materials as stated in the Code. D. Parking/storage of RV's shall only be allowed on areas where the ground surface has been surfaced with an all-weather material such as concrete, asphalt, brick, or stone. E. No RV shall intrude into any public sidewalk or curb or travelway. F. No RV shall have fixed connections to electricity, water, gas, or sanitary sewer facilities, nor shall any such RV at any time be used for living or housekeeping purposes within the City. G. All such RV's shall be kept in good repair and in working condition with the current vehicular registration and markings, as applicable to the vehicle type, unless stored in a garage. H. Except for the provisions stated above for storage locations and for validly - established recreational vehicles facilities, no RV shall be parked for more than 72 hours at any location or combination of locations within the City.. I. The above provisions shall not affect the validity, application, or enforcement of any covenants, conditions, or restrictions (CC&R's) or any other agreement/conditions relating to the parking and storage of RV's, if the CC&R's or agreements/conditions are more restrictive than the provisions of this Section. OPTION 2: NOTE: This is the current regulations except the hours (last sentence) were changed from 24 hours to 72 hours. A. Same as above B. Same as above C. Storage of RV's: RV's may be stored within residential rear or side yards except where fence heights are limited to less than six feet (per Section 9.60.030), provided a three- foot setback is maintained between the RV and the property line. The storage area shall be screened with landscaping or other materials so that the RV is not visible from adjoining properties or from any street abutting the property. Non -landscape screening over six feet in height shall conform to the applicable height limitations of the district. This may require additional setback for the RV storage area. Except for the preceding storage locations and for validly -established recreational vehicle storage facilities, no RV shall be parked for more than 24 72 hours at any location or combination of locations within the City. 2 OPTION 3: Retain the ordinance as written. OPTION 4.: Any other combination of the above, or any new recommendations made by the Planning Commission. OPTION 5: Keep the existing regulations, but make it applicable to those areas zoned RL and RM. This means the RC (Cove area) would be exempt from these regulations for the storage of RV's, except for the 72 hours provision. OPTION 6: Keep the existing regulations and exempt existing nonconforming lots (i.e., lots under 7,200 square feet), but maintain the 72 hour provision. 3 PH #4 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 26, 1996 CASE NO.: DEVELOPMENT AGREEMENT 96-001 - HOME DEPOT INITIATED BY: CITY OF LA QUINTA CONSIDERATION: CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND HOME DEPOT, INC. BACKGROUND: The Home Depot Specific Plan consists of approximately 216,802 square feet of gross floor area for commercial and retail uses. The development will be constructed in two phases. Phase one will be Home Depot and Phase 2 will consist of the remaining commercial uses all on a twenty acre site northwest of the intersection of Jefferson Street and Highway 111. The Planning Commission and City Council have conducted appropriate public hearings and approved the Specific Plan and Conditional Use. Permit on August 13th and September 17th respectively. The approvals contain specific conditions and modifications to the project. In addition, the City has adopted a Mitigated Negative Declaration, Resolution 96-71, for the project in compliance with CEQA. The Development Agreement process is provided by 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 into 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 wishes to enter into the Agreement to assure that the public improvements being constructed for the property, as conditioned, will be achieve along Highway 111, Jefferson Street, and the Whitewater Channel. The Development Agreement complies with the State statues and zoning regulations for the formation of a Development Agreement. The Development Agreement further provides for the development of requirements that are in excess of City standards, such as the construction of an eight foot high split -faced block wall on the rear property line; a five foot wide planter at the rear PCST.002 property line planted with thirty six inch box trees at 25-foot on center; a 25-foot limitation on the parking lot light standards; reduction of the monument sign on Jefferson Street; provision for an easement for a City entry sign at the corner of Jefferson Street and Highway 111; additional interior and Highway I I I landscaping ; additional parking spaces; and a special landscaping buffer to screen the loading dock from view across Vista Grande. The Development Agreement requires annual reviews which also is a compliance with State and local requirement. The City Attorney has in conjunction with Home Depot prepared the Development Agreement and related attachments. FINDINGS: A. The proposed development agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 96-027. 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. B. The land uses authorized and regulations prescribed for the 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. C. The proposed 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 long-range, comprehensive approach to development of a major retail center. D. Approval of this 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. E. Approval of this 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. F. Approval of the Development Agreement will provide a positive fiscal impact on the city by providing new revenue to the general fund for services. PCST.002 G. Consideration of the 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 govern development agreements. RECOMMENDATION: Based upon the above findings, move to adopt Planning Commission Resolution 96-_ approving the Development Agreement and all related attachments. PCST.002 PLANNING COMMISSION RESOLUTION 96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA, HOME DEPOT U.S.A., INC. AND CREDIT SUISSE LEASING 92A, L.P. CASE NO.: DA-96-001 APPLICANT: HOME DEPOT U.S.A. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of November, 1996, hold a duly noticed Public Hearing for a Development Agreement; and, WHEREAS, said 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 prepared Environmental Assessment 96-325 for Specific Plan 96-027 and Conditional Use permit 96-028. Based upon this assessment, the project was mitigated as approved by the City Council on September 17, 1996. Therefore, the adopted Mitigated Negative Declaration adequately addressed the project; 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: A. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 96-027. 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. B. The land uses authorized and regulations prescribed for the 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. RESOPC.a Planning Commission Resolution 96- C. The proposed 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 long-range, comprehensive approach to development of a major retail center. D. Approval of this 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. E. Approval of this 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. F. Approval of the Development Agreement will provide a positive fiscal impact on the city by providing new revenue to the general fund for services. G. Consideration of the 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 govern Development Agreements. 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 the Development Agreement to the City Council. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 26th day of November, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RESOPC.a Planning Commission Resolution 96- JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPC.a 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) DEVELOPMENT AGREEMENT BY AND AMONG CITY OF LA QUINTA, HOME DEPOT U.S.A., INC. CREDIT SUISSE LEASING 92A, L.P. 3hmdpt.agm Table of Contents RECITALS..................................................................4 1. DEFINITIONS..........................................................6 1.1 Authorizing Ordinance .................:............................ 6 1.2 City.............................................................6 1.3 Conditional Use Permit (CUP) ....................................... 6 1.4 Developer........................................................6 1.5 Development.....................................................6 1.6 Development Agreement Statute ...................................... 7 1.7 Development Approval(s) or Approval(s) ............................... 7 1.8 Effective Date .................................................... 7 1.9 Existing Rules .................................................... 7 1.10 Final Development Plan ............................................. 7 1.11 General Plan ......................................................7 1.12 Mitigated Negative Declaration ....................................... 7 1.13 Owner...........................................................7 1.14 Phase ..........................................................7 1.15 Phase II..........................................................8 1.16 Project..........................................................8 1.17 Project Site.......................................................8 1.18 Public Improvements ............................................... 8 2. EX.HIBITS.............................................................8 3. GENERAL PROVISIONS ................................................ 8 3.1 Property Subject to the Agreement .................................... 8 3.2 Duration of Agreement ............................................. 8 3.3 Assignment......................................................9 3.3.1 Assignment Without Notice to City .............................. 9 3.3.2 Assignment Upon Notice to City ................................ 9 3.4 Amendment or Cancellation of Agreement ............................. 10 3.5 Implementation Memoranda; Amendment to Developer Lease Agreement .... 10 3.6 Unforeseen Circumstances .......................................... 11 3.7 Enforcement of Agreement ......................................... 11 3.8 Hold Harmless ................................................... 11 3.9 Binding Effect of Agreement ........................................ 12 3.10 Relationship of Parties ............................................. 12 3.11 Notices.........................................................12 4. REGULATION OF DEVELOPMENT ...................................... 13 4.1 Rules, Regulations, Official policies ("Existing Rules") ................... 13 3hmdpt.agm 4.2 Limitations, Reservations and Exceptions ("Reservations of Authority") ..... 13 4.2.1 Application of Subsequently Enacted Rules, Regulations and Official Policies...................................................13 4.2.2 Application of Subsequently Revised or Adopted Fees and/or Improvement Standards ...................................... 13 4.2.3 State and Federal Laws, Regulations and Decisions ................ 14 4.2.4 Public Health and Safety ..................................... 14 4.2.5 Future Discretionary Reviews ................................. 15 4.2.6 Full Extent of Law .......................................... 15 4.3 Assurances to Developer Regarding Exercise of Reservations of Authority ... 15 4.3.1 Adoption of General Plan and Preliminary Development Plans; Further Approvals and CEQA Compliance ............................. 15 4.3.2 Administrative Findings and Burden of Proof ..................... 16 4.4 Vested Rights....................................................16 4.5 Referenda and Moratorium .......................................... 16 5. DEVELOPMENT OF THE PROPERTY .................................... 17 5.1 Permitted Uses...................................................17 5.2 Home Depot Buildings ............................................ 17 5.3 Permitted Density, Height and Size of Development ..................... 17 5.3.1 Site Development Requirements Which Exceed Standard Development Requirement...............................................18 5.4 Phasing of Construction and Completion of Project ...................... 19 5.4.1 Phasing of Construction ...................................... 19 5.4.2. Developer.................................................19 5.4.3 City......................................................19 5.4.4 Completion of Project ....................................... 19 6. PUBLIC IMPROVEMENTS DEVELOPMENT PROGRAM .................... 20 6.1 Public Improvement Facilities and Services ............................ 20 6.2 Reservation and Dedications of Land ................................. 21 6.3 Focused Traffic Study ............................................. 21 6.4 Payment of Fees .................................................. 21 6.4.1 Transportation System Improvement Program (TSIP): [This section reserved] ....................................... 21 6.4.2 Fire Protection Facilities: [This section reserved] ....................................... 21 6.4.3 Capital Facilities: [This section reserved] ....................................... 21 6.4.4 Shortfall Fee: [This section reserved] ....................................... 21 7. TAXES, ASSESSMENTS, ENCUMBRANCES AND LIENS ................... 21 7.1 Taxes, Assessments, Encumbrances, and Liens ......................... 21 3hmdpt.agm 2 8. INSURANCE..........................................................22 8.1 Insurance.......................................................22 8.1.1 Compensation Insurance ..................................... 22 8.1.2 Public Liability and Property Damage Insurance .................. 22 8.2 Evidence of Insurance ............................................. 22 9. ANNUAL REVIEW....................................................22 9.1 City and Developer Responsibilities .................................. 22 9.2 Information to be Provided Developer ................................. 23 9.3 Findings........................................................23 9.4 Failure of Annual Review .......................................... 23 9.5 Periodic Review/Progress Reports .................................... 23 10. ESTOPPEL CERTIFICATES ............................................. 23 10.1 Estoppel Certificates .............................................. 23 11. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION ........... 24 11.1 General Provisions ................................................ 24 11.1.1 Option to Institute Legal Proceedings or to Terminate .............. 24 11.1.2 Notice of Termination ....................................... 25 11.1.3 Waiver...................................................25 11.2 Enforced Delay, Extension of Time of Performance ...................... 25 11.3 Institution of Legal Action .......................................... 25 11.4 Remedies Available to Developer .................................... 25 11.5 Remedies Available to City ......................................... 26 12. ENCUMBRANCES AND RELEASES ON REAL PROPERTY: ................. 27 12.1 Discretion to Encumber ............................................ 27 12.2 Entitlement to Written Notice of Default .............................. 27 12.3 Property Subject to Pro Rata Claims .................................. 27 13. MISCELLANEOUS PROVISIONS ........................................ 27 13.1 Rules of Construction ............................................. 27 13.2 No Third Party Beneficiaries ........................................ 27 13.3 Third Party Fees/Administrative Costs: [This section reserved] ............ 28 13.4 Project is a Private Undertaking ..................................... 28 13.5 Incorporation of Recitals ........................................... 28 13.6 Restrictions.....................................................28 13.7 Recording.......................................................28 13.8 Severability.....................................................28 13.9 Entire Agreement, Waivers and Amendments ........................... 28 3hmdpt.agm 3 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this day of , 1996, by and among the CITY OF LA QUINTA, a municipal corporation (the "City"), HOME DEPOT U.S.A., INC., a Delaware corporation ("Developer"), and CREDIT SUISSE LEASING 92A, L.P., a Delaware limited partnership ("Owner"). City, Developer and Owner are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties". RECITALS This Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 through 65869.5 (the "Development Agreement Statute") which authorized City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property and for the purpose of establishing certainty for both the City and the Developer in the development process. B. The City is a general law city located in the County of Riverside, State of California. The City enters into this Agreement pursuant to the authority granted by the Development Agreement Statute and the La Quinta Municipal Code Sections 9.250.010, et seq. C. Credit Suisse Leasing 92A, L.P. is the owner in fee in certain real property located in the City of La Quinta (the "Project Site") which is designated in Exhibit "A", attached hereto and incorporated herein. The Project Site consists of approximately 20 acres and is located on the northwest side of Highway 111. The Legal Description for the property depicted in the Project Site (the "Property") is set out in Exhibit "B" attached hereto and incorporated herein by this reference. Owner and Developer warrant and represent to the City that the Owner and Developer have the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon the Owner and Developer have been obtained and that each person executing this Agreement on behalf of Owner and Developer has been fully authorized to do so by Owner and Developer. D. The Parties desire to enter into this Agreement relating to the Property in conformance with the Development Agreement Statute, City Municipal Code and applicable City rules, regulations and official policies to achieve the development of the Project (as defined in Section 1.15 of this Agreement) as permitted under Section 5 of this Agreement and to provide, improve, construct, dedicate, convey or contribute toward certain public services, facilities, lands and infrastructure improvements pursuant to Section 6 herein (the "Public Improvements"), all in the promotion of the health, safety and general welfare of the City. 3hmdpt.aAgm E. Owner and Developer wish to develop the Project and the Public Improvements in exchange for the assurances herein provided from City that Developer will be permitted to implement such development in accordance with the terms and conditions set forth in this Agreement including but not limited to the "Developer Leasehold Agreement" which is set out in Exhibit "C" attached hereto and incorporated herein by this reference. F. City wishes to ensure the provision of the Public Improvements and desires to use this Agreement, including the "Developer Leasehold Agreement" (Exhibit "C") and the development rights and entitlements granted herein and pursuant hereto to achieve enhanced and accelerated levels of said Public Improvements. G. It is the intent of the Parties that on execution of this Agreement Developer shall be obligated to complete the Public Improvements in the manner set forth herein and that Developer will be entitled to proceed with the Project subject to the approved Specific Plan No. 96-027 and Conditional Use Permit No. 96-028 attached hereto and incorporated herein as Exhibit "D" and "E", respectively, (the "Development Approvals") 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 effective date of this Agreement. H. The Parties acknowledge that the Project, which will be built in two (2) phases of several years each, will cause adverse impacts on City's traffic conditions and on levels of public services and facilities within City and that City has imposed mitigation measures pursuant to the Mitigated Negative Declaration approved by City on September 17, 1996 as a condition to issuing Development Approvals in connection with the development of the Project in order to mitigate such impacts. I. In order for both City and Developer to achieve their respective objectives, it is necessary that each be as certain as possible that Developer will develop and that City will permit Developer to develop the Project and to construct or contribute to the construction of the Public Improvements as set forth in Exhibit "C" and the terms of this Agreement as approved by City within the time frames set forth in this Agreement. J. City and Developer will use their best efforts to assure each other that all applications for and approvals of grading permits, building permits or other Development Approvals necessary for Developer to develop the Project in accordance with this Agreement are sought and processed in a timely manner. K. On November 26, 1996, 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 Agreement. On December 3, 1996, 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. Rmdpt.agm 2 L. The Planning Commission and the City Council have found that the Agreement is consistent with the General Plan and all other applicable plans, rules, regulations and official policies of the City of La Quinta. M. 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. 96-71 adopted on September 17, 1996 a Mitigated Negative Declaration for the Project in compliance with CEQA. (Resolution No. 96-71, dated September 17, 1996. On September 17, 1996, the City Council found that the Mitigated Negative Declaration remains adequate to address all potential environmental impacts as the project is identical to the project as described in the Specific Plan (Exhibit "D"). N. On , the City Council adopted Ordinance No. approving this Agreement with Developer. The Ordinance takes effect on 1. DEFINITIONS: In this Agreement, unless the context otherwise requires: 1.1 Authorizing Ordinance: "Authorizing Ordinance" means Ordinance No. approving this Agreement. 1.2 Cit : "City" means the City of La Quinta, a general law city and municipal corporation duly organized and existing under the laws of the State of California. The "City" also means the geographic area within the boundaries of the City. 1.3 Conditional Use Permit (CUP): "Conditional Use Permit" or "CUP" means Conditional Use Permit No. 96-028 recommended for approval by the Planning Commission at its meeting of August 13, 1996 and approved by the City Council at its meeting on September 17, 1996. 1.4 Developer: "Developer" means Home Depot U.S.A., Inc. which shall develop and operate the Property as described in Section 3.1 for the Owner and includes the Developer's successors in interest pursuant to the terms of Section 3.3 of this Agreement. 1.5 Development: "Development" or "development" means the improvement of the Property for purposes of constructing the structures, improvements and facilities comprising the Project and the Public Improvements as set forth in this Agreement, including, without limitation: grading, the construction of infrastructure and public facilities relating to the Project and the Public Improvements whether located within or outside the Property; the construction of any structure; and the installation of landscaping. 1.6 Development Agreement Statute: "Development Agreement Statute" means California Government Code Sections 65864 through 65869.5 as it exists on the date of the execution of this Agreement. Amdpt.agm 3 1.7 Development Approval(s) or Approval(s): "Development Approval(s)" or "Approval(s)" means site specific plans, maps, permits and other land use entitlement of every kind and nature approved or granted by City in connection with the development of the Property and consistent with this Agreement, including, but not limited to: site plans, tentative and final subdivision tract maps, vesting tentative maps, parcel maps, conditional use permits, and grading, building and other similar permits, maps, plans, licenses and entitlements. To the extent any such site specific plans, maps, permits and entitlements are amended from time to time, "Development Approvals" or "Approvals" shall include, if the Parties agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended, the "Development Approvals" shall include such amendment only if and to the extent that this Agreement is so amended. 1.8 Effective Date: "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.9 Existing Rules: "Existing Rules" means those rules, regulations and official policies as defined in Section 5.4 of this Agreement. 1.10 Final Development Plan: "Final Development Plan" means a final set of complete working drawings for each building to be constructed on the Property, approved by City through the building plan check phase in City's development approval process. 1.11 General Plan: "General Plan" means the General Plan of City. 1.12 Mitigated Negative Declaration: "Mitigated Negative Declaration" means that environmental review approved and adopted on September 17, 1996 and mitigated negative declaration in conjunction with the Specific Plan No. 96-027 for this Project. 1.13Owner: "Owner means Credit Suisse Leasing 92A, L.P., a Delaware limited partnership. 1.14 Phase I: "Phase I" means Phase I of the Project as defined in Section 5.4.1 of this Agreement. 1.15 Phase II: "Phase II" means Phase II of the Project as defined in Section 5.4.1 of this Agreement. 1.16 Project: "Project" means the development of the Home Depot store and adjacent commercial uses consisting of a total of approximately 216,802 square feet of gross floor area for commercial/retail uses, containing more than sufficient parking spaces to comply with City parking standards in conformance with the terms and limitations of this Agreement and as more particularly represented in the Site Plan attached hereto as Exhibit "A" the development of which shall include all mitigation measures imposed as part of the CEQA review process and as conditions to the issuance of Development Approvals, including, but not limited to the Specific Plan and Conditional Use Permit consistent with this Agreement. Amdpt.agm 4 1.17 Project Site: "Project Site" means the real property on which the Project will be developed consisting of approximately 20 acres as designated in Exhibit "A". 1.18 Public Improvements: "Public Improvements" means those certain lands, facilities and services to be improved, constructed, dedicated, conveyed or provided and amounts to be paid by Developer to the public pursuant to Section 6 and the Developer Lease Agreement (Exhibit "C" of this Agreement). 2. EXHIBITS: The following documents are referred to in this Agreement, and attached hereto and are incorporated herein as though set forth in full: Exhibit Designation Description A. Project Site B. Property Description C. Developer Lease Agreement D. Specific Plan E. Conditional Use Permit 3. GENERAL PROVISIONS: 3.1 Property ject to the Agreement: The real property which is the subject of this Agreement (the "Property") is approximately 20 acres. It will be developed in two phases as shown on the Project Site (Exhibit "A"). Phase I has approximately 10.77 acres and Phase II has approximately 9.1 acres. 3.2 Duration of Agreement: The term of this Agreement shall be 13 years, commencing upon the effective date of Ordinance No. approving this Agreement and authorizing its execution and shall expire on , 2009, unless otherwise terminated, modified or extended by written mutual agreement pursuant to the terms of this Agreement. Following the expiration of the term of this Agreement, this Agreement shall be deemed to be terminated without the need for further documentation from the Parties. The expiration or termination of this Agreement shall not affect the right conferred or duty imposed by Development Approvals for the Project which were approved prior to, concurrently with or subsequent to the approval of this Agreement. 3.3 Assignment: The rights, interest and obligations of Developer under this Agreement may be transferred or assigned, only in accordance with the terms of Section 3.3.1 or Section 3.3.2 as set forth hereinbelow. Any such transfer or assignment may be made only together with and as an incident of the transfer, assignment, financing, sale or lease of all or a portion of the Project Site. During the term of this Agreement and as provided in Section 3.10, any transferee or assignee shall be bound by this Agreement and shall observe and perform all of the duties and obligations of Developer and shall have all of the same rights, benefits and interests of Developer contained herein as such duties, obligations, rights, benefits and interests pertain to the portion of the Project Site so transferred or assigned. City shall have no duty or obligation of any kind or nature to maintain a Rmdpt.aigm record of such transfers or assignments of all or any portion of the Project Site or the concomitant duties, obligations, rights, benefits or interests relating thereto or to notify or advise prospective or actual transferees or assignees or others of such assignments or the resulting allocations of duties, obligations, rights, benefits or interests under this Agreement with respect to the Project Site or portion thereof. The Parties agree that the notice and hearing procedures of the Development Agreement Statute shall not apply to the transfer or assignment of all or any portion of this Agreement which is accomplished in conformity with Section 3.3.1 or Section 3.3.2. Any attempt to assign or transfer any right, interest or obligation in this Agreement except in strict compliance with Section 3.3.1 or 3.3.2, shall be null and void and of no force and effect. 3.3.1 Assignment Without Notice to City. Notwithstanding the foregoing, Developer shall have no obligation to deliver notice to City or obtain City's prior written consent in connection with any conveyance or transfer to a bank, financial institution or other institutional lender for security purposes, or a trustee(s) under one or more deeds of trust, of an equitable or legal interest in the Project, the Project Site or any portion thereof, whether such conveyance or transfer is accomplished by means of a deed(s) of trust, security agreement(s) and/or other instrument(s). 3.3.2 Assignment Upon Notice to City: Developer shall have the right to assign its duties, obligations, rights, benefits and interests under this Agreement pursuant to this Section 3.3.2 by obtaining City's prior written consent. In order to obtain City's consent, Developer shall deliver to City a notice at least thirty (30) days prior to any such proposed assignment or transfer. City may review the financial strength and stability and development capability and experience of the proposed transferee or assignee to determine whether such transferee or assignee provides adequate security to satisfy the duties and obligations under this Agreement as they pertain to the portion of the Project Site proposed to be so transferred or assigned. Both parties understand that City approval is dependent upon a showing to the satisfaction of the City that a proposed assignee for the Phase I portion of the Site shall generate sale revenues equal to or greater than Developer's. Phase II approval is dependent upon a showing to the satisfaction of the City that a proposed assignee shall develop commercial/retail pursuant to the Specific Plan. Based upon said review, City shall not unreasonably withhold its consent to the proposed transfer or assignment. Failure by City to deny or consent to a proposed transfer or assignment pursuant to this Section 3.3.2 within thirty (30) days after receiving notice by Developer shall be deemed to constitute consent unless such period is extended by consent of the Developer. Following any transfer or assignment made in strict compliance with the terms of this Section 3.3.2, and upon the express assumption by such approved assignee of the applicable duties and obligations of Developer under this Agreement, Developer shall be relieved of and from further liability or responsibility for the obligations arising under this Agreement as they directly pertain to the portion of the Project Site so transferred or assigned so long as such obligations do not pertain to other portions of the Project Site; provided, however, that the Developer shall not be relieved of such liability or responsibility in the event the Developer is in default after notice and lapse of any applicable cure period of any of the terms of this Agreement. Rmdpt.agm 6 3.4 Amendment or Cancellation of Agreement: This Agreement may be amended, or cancelled in whole or in part, by the mutual consent of the Parties, or their successors or assigns designated in accordance with Section 3.3, and the adoption of an ordinance in accordance with Government Code Sections 65867, 65867.5 and 65868, and the La Quinta Municipal Code Section 9.250.030. All amendments to this Agreement must be in writing signed by the appropriate authorities of City and Developer or their authorized successors or assigns, in a form suitable for recording in the Office of the Recorder, County of Riverside. 3.5 Implementation Memoranda. Amendment to Developer Lease Agreement: The Parties acknowledge that from time to time it may be in the mutual interest of the Parties that certain details relative to performance be refined. Therefore, to the extent allowable by law, the Parties retain a certain degree of flexibility with respect to those provisions covered in general under this Agreement which do not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, development of public improvement or monetary contributions by Developer or any conditions or covenants relating to the use of the Property. When and if the Parties find it necessary or appropriate to make changes or adjustments to such provisions, they shall effectuate changes or adjustments through implementation memoranda in recordable form approved by the Parties in writing which reference this Section 3.5. Upon report to and approval by the City Council, the City Manager or his designee shall have the authority to approve the implementation memoranda pursuant to this Section on behalf of City. No implementation memoranda shall require notice or hearing or shall be deemed to constitute an amendment to this Agreement. Similarly, any amendments to the Developer Lease Agreement (Exhibit "C") which would meet the same criteria as the implementation memoranda set forth in this Section shall additionally not require notice, hearing or be deemed to constitute an amendment to this Agreement. The term "this Agreement" or "Development Agreement" herein shall include any amendment properly approved and executed pursuant to Section 3.4 and any changes or adjustments by implementation memoranda as set forth in this Section 3.5. 3.6 Unforeseen Circumstances: These provisions provide a mechanism for the identification of those circumstances which justify the modification, termination or suspension of this Agreement. If, as a result of facts, events or circumstances presently unknown, unforeseeable and which could not have been known to or foreseen by the Parties to this Agreement, City after ten (10) days' written notice to Developer determines that the health and safety of City require the modification, suspension or termination of this Agreement, City shall (a) notify Developer in writing of City's determination and the reasons therefor and all facts upon which such reasons are based; (b) forward to Developer, a minimum of ten (10) days prior to the hearing, all documents relating to such determination and reasons therefor; (c) notify Developer, in writing, at least fourteen (14) days prior to the date, the time and place of the hearing; and (d) hold a hearing on the determination at which hearing Developer shall have the right to offer witnesses, reports and oral and written testimony, and further have the right to examine witnesses, City staff or other persons. The hearing 3hmdpt.agm 7 may be continued from time to time as may be deemed appropriate by City. City shall have the obligation, based upon clear and convincing evidence, of establishing that: (i) the circumstances were unknown, unforeseeable and could not have been known to or foreseen by City; (ii) the health and safety of the community require the suspension, modification or termination of this Agreement as opposed to any other alternative; and (iii) City, to the extent feasible, has provided Developer with an equitable program to reimburse to Developer unused fees, and provided equitable reimbursement for dedications or improvements not required by the extent of development as of the date of such suspension, modification or termination. In the event the City Council should fail to make such findings then this Agreement shall not be so terminated, modified or suspended at such time. The unforeseen circumstances which shall cause the operation of this provision shall not be the result of changes in state or federal law. In the event of changes in state or federal law, the provisions of Section 4.2.3 shall govern. 3.7 Enforcement of Agreement: Subject to revisions, amendments or cancellation as provided in Sections 3.4, 3.5 or 3.6, this Agreement is enforceable by any Party or its successors and assigns designated in accordance with Section 3.3, notwithstanding a change in the General Plan, applicable specific plans, zoning, subdivision or building regulations adopted by City which alter or amend the Existing Rules, except as provided in Section 4.2. This Agreement shall not prevent the city from denying or conditionally approving any subsequent development project application by a third party not a successor -in -interest pursuant to Section 3.3 hereto on the basis of such existing or new rules, regulations and policies. 3.8 Hold Harmless: Developer agrees to and shall defend, indemnify and hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Developer or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf which relate to the Project. Developer agrees to and shall defend, indemnify and hold harmless City and its officers, agents, employees and representatives from actions and claims for damages caused or alleged to have been caused by reason of Developer's activities on the Property or otherwise in connection with the Project. Notwithstanding the foregoing, indemnity provided herein shall not apply if such damage or claim arises solely from City's intentional acts that are outside the permissible exercise of its police powers and is not caused or contributed to, or participated in by the Developer. Without limitation to the remainder of this Section 3.8, this Section 3.8 applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this Section 3.8, regardless of whether or not City prepared, supplied or approved plans or specifications, or both, for the Project. The Developer further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action by a third party challenging the validity, applicability or interpretation of this Agreement. Amdpt.agm 8 3.9 Binding; Effect of Agreement: The provisions of this Agreement shall constitute covenants which shall run with the land and, subject to the provisions of Section 3.3, the burdens of this Agreement shall bind and the benefits of this Agreement shall inure to the Parties' successors and assigns. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project or the Project Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Property. 3.10 Relationship of Parties: It is understood that the contractual relationship between City and Developer is such that Developer is a independent contractor and not an agent, joint venturer or partner of or with City. 3.11 Notices: All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Notices required to be given to Developer and Owner shall be addressed as follows: Home Depot U.S.A., Inc. 601 S. Placentia Fullerton, CA 92831 Attention: Legal Department A Party may change its address by giving notice in writing to the other Party. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery or, if mailed, five (5) business days following deposit in the United States mail. 4. REGULATION OF DEVELOPMENT: 4.1 Rules, Regulations, Official policies ("Existing Rules"): City rules, regulations, ordinances, laws, the General Plan and applicable specific plans, and official policies governing permitted uses, density, design, improvement, and construction standards and specifications for development of the Property pursuant to this Agreement (herein called the "Existing Rules") shall be those in force and effect as of the Effective Date. Developer shall in conformity with the terms of this Agreement prepare and obtain approval by the City of the Final Development Plan for each building to be constructed on the Property. Any Development Approvals, including the Final Development Plans and subdivision map(s) for the Project, shall be in conformity with this Agreement and the City shall not impose conditions of approval of such Approvals in conflict with 3hmdpt.agm 9 the terms herein. Upon approval by City, the Final Development Plan for each building and other Development Approvals shall constitute and become a part of the Existing Rules and the Developer shall comply with the Final Development Plans and all future Development Approvals as part of the Project. 4.2 Limitations. Reservations and Exceptions ("Reservations of Authority"): Notwithstanding anything to the contrary set forth in Section 4.1 hereinabove, in addition to the Existing Rules, the following rules, regulations and official policies adopted by City hereafter or by the state or federal government as provided in Section 4.3 (collectively referred to herein as "Reservations of Authority") shall apply to and govern the development of the Property: 4.2.1 Application of Subsequently Enacted Rules. Regulations and Official Policies: City may, hereafter, during the term of this Agreement apply such subsequently enacted or modified rules, regulations, ordinances, laws, general or specific plans, and official policies which are not in conflict with those in effect on the Effective Date and application of which would not prevent delay or make infeasible development in accordance with Section 5. 4.2.2 Application of Subsequently Revised or Adopted Fees and/or Improvement Standards: City fees, including without limitation, application fees, processing fees, utility connection fees, inspection fees, and development impact or similar type fees, and improvement standards as set forth in City's subdivision regulations and construction standards and specifications that are revised during the term of this Agreement shall apply to the development of the Property pursuant to this Agreement provided that: (1) such fees, standards and specifications apply to substantially all public works and/or development proposals within City and (2) their application to the Property is prospective only as to applications for building and other development permits or approvals of tentative subdivision maps not yet accepted for processing. 4.2.3 State and Federal Laws, Regulations and Decisions: Existing and future state and federal laws, regulations and decisions, together with city laws, regulations, plans, policies, programs and actions, or inaction, specifically mandated and required by changes in state or federal laws, regulations or decisions (subject to any "grandfather" provisions which the City, if it has the discretion to do so, determines are applicable to the Project and this Agreement) are controlling shall apply to the development of the Property pursuant to the following provisions: a. Notice and Copies: In the event that existing state or federal laws, regulations or decisions or such laws, regulations or decisions enacted or adjudicated after the Effective Date or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with any provision of this Agreement or require changes in any Development Approvals or programs or actions of City, each Party with knowledge of the same shall provide the other Party with: (1) written notice of such state or federal restriction; (2) a copy of such law, regulation or decision, and (3) a statement of conflict with the provisions of this Agreement or Approvals, programs or actions and of the proposed course of action of the Party giving the notice to modify or suspend this Agreement, Approvals, programs or action as may be necessary to comply with such state or federal laws, regulations or decisions. Amdpt.aagm 10 b. Modification Conference: The Parties shall, within thirty (30) days, meet and confer in god faith in a reasonable attempt to modify this Agreement, Approvals, programs or actions if necessary to comply with such federal or state law, regulation or decision. C. Council Hearings: Regardless of whether the Parties reach an agreement on the effect of such federal or state law regulation or decision upon this Agreement, Approvals, programs or actions, the matter shall be scheduled for hearing before the City Council. Ten (10) days' written notice of such hearing shall be given, pursuant to Government Code Section 65854.5 and La Quinta Municipal Code Section 9.250.030C.15. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Developer, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the City Council. Any suspension or modification may be subject to judicial review in conformance with Section 11.3 of this Agreement. In the event of such modification or suspension pursuant to Section 4.2.5, only, this Agreement shall remain in full force and effect to the extent that performance of the remaining provisions would not materially adversely affect the economic feasibility of the Project. In the event that upon such modification or suspension pursuant to Section 4.2.3, only, the performance of the remaining provisions would materially adversely affect the economic feasibility of the Project, this Agreement shall be deemed terminated. 4.2.4 Public Health and Safa: Rules, regulations and official policies which are adopted by City, which may be in conflict with the Existing Rules and the application of which to the development of the Property is reasonably necessary in order to protect the public health and safety shall apply to the development of the property subject to the provisions of Section 3.6. 4.2.5 Future Discretionary Reviews: City shall retain its discretionary powers in reviewing applications for future Development Approvals not yet granted as of the Effective Date, provided that the reviews be applied in a manner that is consistent with this Agreement and the Existing Rules and provided future discretionary approvals or conditions do not conflict with the development of the Project or the land uses, densities or intensities of use, or other matters permitted by this Agreement. Except as provided herein, future discretionary approvals, including, but not limited to, rezonings, tentative and parcel map approvals, plot plans and plan development approvals, shall be consistent with the Existing Rules and the goals identified in applicable plans, City ordinances, resolutions and policies regulating the use of land in effect on the Effective Date. City shall not impose conditions upon future discretionary reviews or approvals which conflict with this Agreement. City may, in accordance with the limitations contained in Public Resources Code Section 21166 and as may be authorized by the Existing Rules, conduct an environmental review of future discretionary approvals in connection with the development of the Project and/or the Public improvements. The City may, as a result of such review and as may be authorized by law pursuant to such Section 21166, impose additional mitigation measures to mitigate significant adverse environmental effects. 3hmdpt.agm 11 4.2.6 Full Extent of Law: The Parties acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the foregoing limitation, reservations and exceptions are intended to reserve to City all of its police power which cannot be so limited. Notwithstanding the foregoing, this Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority which cannot be restricted by contract. 4.3 Assurances to Developer Regarding Exercise of Reservations of Authority. 4.3.1 Adoption of General Plan and Preliminary Development Plans; Further Approvals and CEQA Compliance: In preparing and/or adopting the General Plan, Preliminary Development Plans and this Development Agreement, and in granting the existing Development Approvals, City considered the health, safety and welfare of the existing and future residents and populations of City and prepared in this regard, including the General Plan EIR No. 91122013, dated October 16, 1992, State Clearinghouse No. 91122013, as well as traffic impact reports and other studies. City and Developer agree that EIR No. 91122013 and the obligations of Developer under this Agreement to incorporate mitigation measures as part of the Project pursuant to Mitigated Negative Declaration No. 96-325 constitute full and complete mitigation of any identified adverse environmental impacts generated by the Project. City and Developer acknowledge that further environmental studies, analyses, reports and documents may be required in connection with future Development Approvals as provided in Section 4.2.5. It is acknowledged that this Agreement provides assurances to Developer with respect to the Existing Rules which will apply to the development of the Property and that prior to and as a condition precedent to construction of any portion of the Project or Public Improvements, all government permits and approvals shall be obtained as required by the Existing Rules and the rules and regulations adopted, in accordance with and as provided in Section 4.2, and all environmental studies, analyses, reports and other documents shall be prepared and completed therefor in full and strict compliance with CEQA and other applicable regulations. 4.3.2 Administrative Findings and Burden of Proof: a. City Findings and Determinations: As a condition precedent to adopting any rule, regulation or official policy or taking any action requiring the action or approval of the City Council which would be applicable to the Project pursuant to the provisions of Section 4.2 and which is in conflict with the Existing Rules, after providing Developer with ten (10) days notice prior to the hearing and an opportunity to be heard, City shall make specific findings and determinations as to the basis for applying such rules, regulations or official policies to the development of the Property in accordance with Section 4.2. b. Developer's Burden of Proof: As a condition precedent to any claim by Developer that a proposed rule, regulation or official policy does not comply with the Reservations of Authority and, therefore, cannot be applied to and govern the development of the Property (whether in a judicial proceeding or otherwise), Developer shall, provided that Developer has received notice as provided pursuant to Section 4.3.2(a) raise the claim no later than the time at 3hmdpt.agm 12 which application of the proposed rule, regulation or official policy is considered and shall present all information then in its possession upon which it shall rely or present in any judicial proceeding, including, but not limited to, information regarding Developer's reasonable economic expectations with respect to the completion of the Project in accordance with the Existing Rules taking into consideration technical, financing, market and other factors and, in addition, shall provide at such time any further information regarding Developer's economic expectations reasonably requested by City. In the event that the proposed rule, regulation or official policy is of a kind that is not heard by or appealable to the City Council and provided that Developer is given reasonable prior written notice, as a condition precedent to any such claim, Developer shall raise the claim and provide the above information as a protest to the agent or representative of City promulgating or applying the proposed regulation or official policy. 4.4 Vested Rights: Developer is provided and assured the vested right to develop the Property in accordance with the terms of this Agreement and, subject to the provisions of Section 4.2, to require that the rules, regulations and official policies of City applicable to and governing the development approval process relating to the Project during the term hereof shall be as provided in Section 4.1. 4.5 Referenda and Moratorium: It is the express intent of City and Developer that as of the date of this Agreement, this Agreement is a legally binding contract which shall, to the extent permitted by law, prevail over the provisions of any subsequently enacted moratorium, statute, ordinance, limitation, or other measure, whether or not enacted by City, or by voter initiative or referendum, and whether or not such initiative, moratorium, referendum, statute, ordinance, limitation, or other measure relates, in whole or in part, to the rate, timing, sequencing, or phasing of the development or construction of all or part of the Project or the Public Improvements or affecting parcel or subdivision maps, building permits, occupancy certificates, or other entitlements to use the Property which are issued by City, subject only to the Reservations of Authority provided in Section 4.2 and the terms of this Agreement. In the event an initiative measure is enacted subsequent to the effective date of this Development Agreement that would otherwise modify the development rights vested pursuant to this Development Agreement, Developer reserves the right to challenge any such initiative in a court of law should it become necessary to protect the development rights vested in the Developer pursuant to the terms and conditions of this Development Agreement. Should an initiative measure or measures be enacted which would preclude construction of all or by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, Developer shall have no recourse against City for any damage Developer might sustain as a result thereof, except City shall provide for an equitable program to reimburse Developer for unused fees and for an equitable reimbursement for Public Improvements or fees theretofore made but not required by the extent of development as of the date of the enactment of such initiative. DEVELOPMENT OF THE PROPERTY: 5.1 Permitted Uses: Except as provided herein, the Property shall be used and developed only for commercial retail and restaurant uses, parking and municipal purposes as described in Exhibit "A." (the "Site Plan") and more particularly set forth in the Specific Plan (Exhibit "D") and 3hmdpt.agm 13 Conditional Use Permit (Exhibit "E") submitted by Developer which have received review by the appropriate committees and commissions and been approved by the City Council. The Property may also be used and developed as additionally authorized by the Specific Plan, Conditional Use Permit and other Development Approvals governing the development of the Property, including without limitation, tentative/final subdivision maps, permits or ordinances prepared as part of the development approval process as required by the Existing Rules and by amendments, if any, hereafter entered into in accordance with Section 3.4 relating to the amendment of this Agreement. 5.2 Home Depot Buildings: Phase I consists of an approximately 105,700 square foot Home Depot store with an approximately 24,102 square foot garden center. Phase II shall have an additional approximately 87,000 square foot of commercial/retail use (including some restaurant use). 5.3 Permitted Density. Height and Size of Development: The maximum density or level of intensity, height and size of the buildings to be constructed on the Property shall be governed by this Agreement and by Development Approvals or other regulatory devices subject to the limitations set forth in Table 1 hereinbelow. The Home Depot building shall be constructed on the Property as designated on the Site Plan attached hereto as Exhibit "A". The Home Depot building shall be a maximum of 35 feet in height (except for the entry tower at 41 feet in height) and shall contain approximately 105,700 square feet of gross floor area. The gross floor area of each of the additional commercial buildings to be constructed on the Property shall be subject to a permitted variation of ten percent (10%) such that each building may equal but may not exceed its maximum size or be less than its minimum size as set forth in Table 1 and provided further that the maximum total permitted square footage of the gross floor area of building space (including the outdoor garden center) of that portion of the Project located on the Property shall not exceed 216,802 square feet. Developer shall also construct parking on the Property containing approximately 1,146 parking stalls; provided however, that the total number of parking stalls required shall comply with City parking standards applicable to the buildings constructed on the Property. The total gross floor area (G.F.A.) in the commercial/retail uses in the Project shall not exceed 216,802 square feet (including the Home Depot outdoor garden center). N :: NMI Description of Structure Maximum Square Footage G.F.A. Maximum Height t r' s/ . Home Depot (including outdoor garden center) 129,802 1 story/41 feet Other Commercial buildings 87,000 50 feet in height 22 feet within 150 feet of Highway 111 5.3.1 Site Development Requirements Which Exceed Standard Development Requirement. Certain requirements for this Project exceed the City 's standard development requirements including but not limited to: Amdpt.agm 14 1. Eight foot high split face block wall at rear property line instead of six foot. 2. A five foot wide planter at rear property line planted with 36" box size trees at 25' on center. 3. Twenty-five foot height limitation on parking lot light standards. 4. Reduced size of the monument sign on Jefferson Street. 5. Provision of an easement for the City entry sign. 6. Additional interior landscaping adjoining Highway 111. 7. Additional parking spaces. 8. A special landscape buffer of loading dock to screen view from Vista Grande. 5.4 Phasing of Construction and Completion of Project: 5.4.1 Phasing of Construction: the Project shall be developed in two (2) phases in accordance with the time frames set forth herein. Phase I shall consist of a Home Depot Building and garden, center and adjacent parking with approximately 652 parking stalls as designated on the Site Plan attached hereto as Exhibit A. The total square footage in Phase I shall be approximately 105,700 square feet for the Home Depot Building and approximately 24,102 square feet for the garden center subject to the variations provided for in Section 5.3, above. The Home Depot Building and garden center shall be a total of approximately 129,802 square feet subject to the variations provided for in Section 5.3 above. Developer shall construct or contribute to the construction of the Public Improvements connected with Phase I as set forth in and in accordance with Exhibit "D" and the terms of this Agreement prior to the occupancy of the first building in Phase I, except to the extent that another time for the performance of such condition is explicitly set forth in this Agreement. Failure to comply with such conditions precedent to Phase I pursuant hereto prior to the occupancy of the first building on the Project Site shall constitute a default of this Agreement by Developer. It is expected that Phase I will be completed by August 31, 1997. Phase II of the Project shall consist of commercial/retail buildings (including some restaurant use) and associated parking with 494 stalls as designated in Exhibit "A". Phase II shall have a total of approximately 87,000 square feet. 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. Amdpt. agm 15 5.4.3 Cam: 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 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 Phase I and to commence construction of the last building in Phase II within the term of this Agreement subject to any such extensions as may hereafter become applicable in accordance with the provisions of this 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 not 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 Agreement as presently drafted and executed and do not constitute amendments requiring new notice and hearing under local law. 6. PUBLIC IMPROVEMENTS DEVELOPMENT PROGRAM 6.1 Public Improvement Facilities and Services: In addition to performing any other obligations imposed as conditions of approval of the Development Approvals, which obligations are incorporated herein by this reference, as material consideration for the City's entering into this Development Agreement, the Developer and its successors and assigns shall be financially responsible for and shall construct or shall contribute toward the construction of the Public Improvements as set forth in more particularity in the Developer Lease Agreement (Exhibit "C") and the terms of this Agreement and shall pay all fees required in connection with the development of the Project. The parties recognized that much of the Public Improvements to be constructed by the Developer pursuant to this Agreement and the Developer Lease Agreement including improvements to Highway 111, Jefferson Street and the Whitewater Channel are of significant benefit to the City as a whole and their early completion pursuant to this project would not be possible without assistance by the City pursuant to the terms of the Developer Lease Agreement ("Exhibit "C"). The Developer shall provide the Public Improvements and pay all fees and other amounts the payment of which is provided for pursuant to this Agreement in conformity with the timing for development of the Public Improvements set forth in this Agreement and the Developer Lease Agreement; such performance shall be required so long as this Agreement remains in effect without regard to whether the Developer is timely implementing the development of Project pursuant to this Agreement. Where this Agreement provides for the provision of Public Improvements by the Developer, the Developer may with the consent of the City Director of Public Works, discharge its obligation(s) to provide such Public Improvements by paying to the City an amount determined in good faith by the City Director of Public Works to represent the cost to provide such Public Improvements (including without limitation all construction costs, costs to design such Improvements, and costs for any property necessary for the completion of such Improvements, if applicable). Where this 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 3hmdpt.agm 16 Rules and the terms of this Agreement to be paid at the time of issuance of building permits and a specific date is not set forth in this 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. 6.2 Reservation and Dedications of Land: Reservations or dedications of portions of the Property may from time to time, be required by the City in accordance with or as a part of subdivision map approvals, traffic and other required studies and/or environmental review. All reservations and dedications shall be without cost to the City and are to be imposed in accordance with this Agreement, the Developer Lease Agreement and the Existing Rules. 6.3 Focused Traffic Study: [this section reserved] 6.4 Payment of Fees: Developer agrees to pay all standard City-wide fees established in the Existing Rules and subject to Section 4.2.2, including without limitation, processing fees for building permits, administrative plan check and other similar fees associated with the development of the Project, at the rate in existence at the time said fees are normally required to be paid to City. The fees and other amounts shall be paid to City by Developer or its successors or assigns, at the time required in accordance with this Agreement and Existing Rules. Developer's obligation to pay such fees is separate and distinct from its obligation to construct or contribute toward the construction of the Public Improvements as specified in Exhibit "C"; in no event shall the payment of fees by the Developer pursuant to this Agreement be deemed to reduce or otherwise affect its obligation to finance, design and construct the Public Improvements, or contribute toward the provision thereof, as required by the terms of this Agreement and Exhibit "C". 6.4.1 Transportation System Improvement Program (TSIPI: [This section reserved] 6.4.2 Fire Protection Facilities: [This section reserved] 6.4.3 Capital Facilities: [This section reserved] 6.4.4 Shortfall Fee: [This section reserved] 7. TAXES, ASSESSMENTS, ENCUMBRANCES AND LIENS: 7.1 Taxes Assessments Encumbrances, and Liens: The Developer shall pay when due all real and personal property taxes and assessments assessed and levied on -the Property and any improvements thereon. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. 3hmdpt.agm 17 INSURANCE 8.1 Insurance: Before commencing work pursuant to any City approved permit on the Project, Developer shall obtain the insurance required pursuant to this Section and receive the approval of the City as to form, amount and carrier. Developer shall maintain the insurance at all times during the term of this Agreement. The insurance as provided by the Developer and by each contractor and subcontractor performing work on the Project shall be primary and not contributing with any coverage maintained by City and shall name City and its elective and appointive boards, commissions, officers, agents, employees and representatives as additional insureds. 8.1.1 Compensation Insurance: Developer shall maintain workers' compensation insurance for all persons employed at the site of the Project. Developer shall require each contractor and subcontractor similarly to provide workers' compensation insurance for their respective employees. Developer's failure to take out and maintain such insurance. 8.1.2 Public Liability and Property_ Damage Insurance: Developer shall maintain public liability insurance in an amount not less than Two Million Dollars ($2,000,000) for injuries (including death) to any one (1) person and subject to the same limit of any one (1) occurrence. 8.2 Evidence of Insurance: Developer shall furnish City prior to the issuance of the first building permit for the Project satisfactory evidence of the insurance required. Developer shall also provide evidence that the carrier is required to give City at least ten (10) days prior written notice of the cancellation or reduction in coverage of a policy. 9. ANNUAL REVIEW: 9.1 City and Developer Responsibilities: City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Developer with the terms of this Agreement. Pursuant to Government Code Section 65865.1 and La Quinta Municipal Code Section 9.250.030, Developer shall have the duty to demonstrate its good faith compliance with the terms of this Agreement at such annual review. Developer agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require and shall notify City in writing that such evidence is being submitted pursuant to the requirements of this Section 9.1. Such evidence shall be submitted to City by Developer not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the recordation date of this Agreement. Developer shall pay to City a reasonable processing fee in an amount as the City may from time to time establish (on a citywide or area, wide basis) on each occasion that Developer submits evidence for an annual review. Either Party may address any requirements of this Agreement during the annual review. However, ten (10) days' written notice of any requirement to be addressed shall be made by the requesting Party. If at time of review an issue not previously identified in writing is required to be addressed, the review at the request of either Party shall be continued to afford sufficient time for analysis and preparation. 3hmdpt agm 18 9.2 Information to be Provided Developer: City shall deposit in the mail to Developer a copy of staff reports and exhibits thereto concerning contract performance a minimum of ten (10) calendar days prior to any such review or action upon this Agreement by the Planning Commission or the City Council. 9.3 Findings: Within forty-five (45) days after the submission of Developer's evidence, the City Council shall determine on the basis of substantial evidence, whether or not Developer has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that Developer has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, Developer shall be given at least sixty (60) days to cure such noncompliance and if the actions required to cure such noncompliance take more than sixty (60) days, then City shall give Developer additional time provided that Developer is diligently proceeding to cure such noncompliance and is making reasonable progress towards such end. If during the cure period Developer fails to cure such noncompliance or is not making reasonable process toward such end, then Developer shall, upon written notice from City, be deemed in default and the City Council may, at its discretion, proceed to terminate this Development Agreement (which will be effective immediately or, if the City elects, upon failure of the Developer rot satisfy such additional requirements as the City may, at its discretion, impose) or establish a time schedule for compliance. 9.4 Failure of Annual Review: City's failure to review at least annually Developer's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by either Party as a breach by the other Party of this Agreement. 9.5 Periodic Review/Progress Reports: In addition to the annual review set forth in Section 9.1 herein, City Manager of City or the City Council may at any time initiate a review of this Development Agreement and of the progress of construction upon the giving of written notice thereof to Developer. Within sixty (60) days following receipt of such notice, Developer shall submit a progress report in such detail as City reasonably requests, including evidence to the City Council of Developer's good faith compliance with this Development Agreement. Such periodic review and determination shall proceed in the manner as otherwise provided in Section 9 of this Agreement. 10. ESTOPPEL CERTIFICATES: 10.1 Estoppel Certificates: Either Party may at any time, and from time to time, deliver written notice to the other Party requesting the other Party certify in writing that to the knowledge of the certifying Party: (a) This Agreement is in full force and effect and is a binding obligation of the Parties. (b) This Agreement has not been amended or modified and, if so amended, to identify the amendments. 3hmdpt.agm 19 (c) No default in the performance of the requesting Party's obligations under this Agreement exist or, if in default, the nature and amount of any default. (d) Upon completion of the Project and the Public Improvements in accordance with the terms of this Agreement and the Developer Lease Agreement, that performance of this Agreement is complete and the obligations hereunder have been satisfied. A Party receiving a request hereunder shall execute and return the certificate within thirty (30) days following receipt thereof. The City Manager shall have the right to execute any certificates requesting by Developer on behalf of City. 11. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION: 11.1 General Provisions: In the event of default or breach of this Agreement or of any of its terms or conditions, the Party alleging such default or breach shall give the breaching Party not less than thirty (30) days Notice of Default in writing which shall be delivered by certified mail. The time of notice shall be measured from the date deposited in the mail. The Notice of Default shall specify the nature of the alleged default, and, where appropriate, the manner in which said default may be satisfactorily cured. The breaching Party shall be given at least thirty (30) days to cure such default and if the action required to cure such default take more than thirty (30) days, then the Party alleging such default shall give the defaulting party additional time provided that the defaulting Party is diligently proceeding to cure such default and is making reasonable progress towards such end. The times to cure set forth in this Section 11.1 shall not extend such times to cure as may become applicable pursuant to Section 9.3 of this Agreement. During any period of curing wherein the defaulting party is diligently proceeding to cure such default and is making reasonable progress toward such end, the Party charged shall not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default shall exist and the noticing Party shall take no further action. 11.1.1 Option to Institute Legal Proceedings or to Terminate: After proper notice and the expiration of said cure period, the noticing Party to this Agreement, at its option, may institute legal proceedings pursuant to Section 11.3 or give Notice of Intent to Terminate this Agreement pursuant to Government Code Section 65868. Following Notice of Intent to Terminate, the matter shall then be scheduled for consideration and review by the City Council, within thirty (30) days, in the manner set forth in Government Code Sections 65865, 65867 and 65868. 11.1.2 Notice of Termination: Following consideration of the evidence presented before the City Council, either Party alleging a default by the other Party may, at its option, give written Notice of Termination of this Agreement to the other Party by certified mail. Such Notice of Termination shall be effective, unless superseded or overruled by the ruling of a court of competent jurisdiction, upon deposit in the mail of the certified mailing to the defaulting Party; provided that either Party may seek review by a court of competent jurisdiction of any purported termination. Amdpt.agm 20 11.1.3 Waiver: Failure or delay in giving Notice of Default pursuant to this Section 11.1.3 shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failure or delay by the other Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 11.2 Enforced Delay. Extension of Time of Performance: In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entitles other than City which conflict with the terms of this Agreement, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations or litigation. No extension of time to perform shall be applicable unless and until a party gives written notice to the other party specifying the grounds on which this Section 11.2 is claimed to be applicable and referring to this Section 11.2. If written notice of such delay is given to the other party within thirty (30) days of the commencement of such delay, and such grounds of enforced delay exist, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or loner as may be mutually agreed upon. Such an extension shall commence to run from the time of commencement of cause. 11.3 Institution of Legal Action: The legal or equitable actions described in Sections 11.4 and 11.5 must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. The exercise of any one or more of the remedies described in Sections 11.4 and 11.5 shall not constitute a waiver or election with respect to any other available remedy. 11.4 Remedies Available to Developer: It is acknowledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. a. City Not Liable for Damages. City shall not be liable in damages to Developer, or to any assignee, transferee of Developer or any other person, and Developer covenants not to sue for or claim any damages, for: (I) any breach of, or which arise out of, this Agreement; (ii) the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; provided, however, that the foregoing does not limit the liability of City, if any, for damages which: 3hmdpt agm 21 (1) are not for a breach of this Agreement or which do not arise under this Agreement; (2) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; and (3) do not arise out of or which are not connected with any dispute, controversy or issue regrading the application, interpretation or effect of the provisions of this Agreement to, or the application of, any City rules, regulations or official policies. Without limiting the generality of the foregoing items (iii)(1) through (3), and as an example, in the event City refuses to issue building permits under and in accordance with a Vesting Tentative Map issued by City, Developer would be entitled to whatever remedies at law or in equity which are available, including, if available under law, the right to monetary damages. b. Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Development Agreement has begun. After such implementation, Developer may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. For this reason, City and Developer agree that if City fails to carry out its obligations under this Development Agreement, Developer shall be entitled to the remedy of specific performance of this Development Agreement. City and Developer acknowledge that, if Developer fails to carry out its obligations under this Development Agreement, City shall have the right to refuse to issue any permits or other Development Approvals which Developer would otherwise have been entitled to pursuant to this Development Agreement. 11.5 Remedies Available to City. In addition to City's rights described in Sections 3.6, 4.2.3 and 9, City may pursue any remedy at law or equity available in accordance with the Existing Rules for the breach of this Agreement or of the Development Approvals by Developer. Termination of this Agreement shall in no way affect or modify the conditions of the Development Approvals which shall continue to be enforceable to the fullest extent allowable by law or equity. 12. ENCUMBRANCES AND RELEASES ON REAL PROPERTY: 12.1 Discretion to Encumber: The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion of any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. Entering into or a default or breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. City acknowledges that the lenders providing such financing may require certain modifications and City agrees, upon request, from time to time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for modification. City further agrees that it will not unreasonably withhold its consent to any such requested modification so long as the modifications do not materially alter this Agreement. Amdpt.agm 22 12.2 Entitlement to Written Notice of Default: The mortgagee of a mortgage or beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the Property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested notice in writing received by City, shall be entitled to receive written notification from City of any notice of default by Developer in the performance of Developer's obligation under this Agreement. 12.3 Properly Subject to Pro Rata Claims: Any mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to any pro rata claims for payments or charges against the Property, or part thereof secured by such mortgage which accrue prior to the time such mortgagee comes into possession of the Property, or part thereof. 13. MISCELLANEOUS PROVISIONS: 13.1 Rules of Construction: The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, and "may" is permissive. Any reference to any such of this Agreement cited without a decimal includes all sections following the cited section. For example, a reference to Section 6 includes 6.1, 6.2, 6.3, 6.4, 6.4.1, et seq. If there is more than one (1) signer of this Agreement, their obligations are joint and several. 13.2 No Third Party Beneficiaries: This Development Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. Except as provided in Sections 5.4.1 and 7.2 no other person shall have any right to action based upon any provisions in this Development Agreement. 13.3 Third Party Fees/Administrative Costs: [This section reserved] 13.4 Project is a Private Undertaking: It is specifically understood and agreed to by and between the Parties hereto that: (1) the Project is a private development; (2) the City makes no representations or warranties concerning the Project or its feasibility; (3) City has no interest or responsibilities for or duty to third parties concerning any Public Improvements until such time and only until such time that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Development Approvals and pursuant to the Developer Lease Agreement (Exhibit "C"); (4) Developer shall have full power over and exclusive control of the Property subject only to the limitations and obligations of Developer under this Agreement; (5) Developer shall not seek, and shall not be granted, any assistance by the La Quinta Redevelopment Agency; and (6) the contractual relationship between City and Developer is such that Developer is an independent contractor and not an agent of City. 13.5 Incorporation of Recitals: The recitals are specifically incorporated into this Agreement. Amdpt.agm 23 13.6 Restrictions: The Developer shall cause to be placed in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of Developer and express provision for Developer or City, acting separately or jointly, to enforce the provisions of this Development Agreement. 13.7 Recording: The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Riverside County, California within 10 (ten) days following the effective date of this Agreement. 13.8 Severability. If any provision of this Development Agreement shall be adjudged to be invalid, void, or unenforceable, such provision shall in no way affect, impair, or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement. The Parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void, or illegal. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, Developer or City may terminate this Development Agreement. 13.9 Entire Agreement, Waivers and Amendments: This Agreement constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City or of Developer. IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the day and year first above written, as authorized by Ordinance No. of the City Council. CITY OF LA QUINTA By GLENDA HOLT, Mayor ATTEST: SAUNDRA L. JUHOLA, City Clerk APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney 3hmdpt.agm HOME DEPOT U.S.A., INC., a Delaware corporation "Developer" By Its CREDIT SUISSE LEASING 92A, L.P., a Delaware limited partnership "Owner" By: Home Depot U.S.A., Inc., as attorney in fact under power of attorney dated By Its 3hmdpt.agm EXHIBIT "A" PROJECT SITE Amin N0Stl i3r ® 111LIU 6.uaaaaau-qua. W r W r �6h EXHIBIT "B" PROPERTY DESCRIPTION LEGAL DESCRIPTION OF PROJECT SITE THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CTTY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: TBE EAST HALF OF THE EAST TFEtEE-QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; EXC�TIl�1G EOM THAT PORTION LYING NORTHERLY OF THE SOLI TSERLY LINE OF THAT CERTAIN PERPETUAL RIGHT OF WAY DEDICATED TO THE COACHEI.LA VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECREE OF CONDEMNATION RECORDED OCTOBER 6, 023 IN BOOK 591, PAGE 223 OF DEEDS, RECORDS OF SAID COUNTY; ALSO EXCEPTEFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1936, IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EFELOM THE EASTERLY 44 FEET CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DE{.MdBER 19, 1961, AS INSTILLNENT NO 108910 OF OFFICIAL RECORDS SAID COUNTY; ALSO EXCEPTING In TROM THAT PORTION CONVEYED TO THE COUNTY OF RIVF.F .ME BY DEED RECORDED OCTOBER 3, 1968 AS INSTRUMENT NO.95403 OF OFFICIAL RECORDS OF SAID COUNTY; TOGETHER WITH THE EAST HALF OF THE WEST HALF OF THE EAST THREE- QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOLMIERLY LINE OF THAT CERTAIN PERPETUAL RIGHT OF WAY DEDICATED TO THE COAC.BELLA VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECREE OF CONDEMNATION RECORDED OCTOBER 6, 1923 IN BOOK 591, PAGE 223 OF DEEDS, RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1936, IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THE ATTACHED PLAT LABELED E7H MIT "B" IS HEREBY MADE A PART OF THIS DESCRIPTION PREPARED UNDER MY SUPERVISION ILLIE, P.L.S. 5749 EXPIRES 12/31/99 y\a14,.L IANC E. so(���9��L o No.5742 n �r�TF OF c�L�foPr. EXHIBIT "C" Recording Requested by and When Recorded Mail to: DEVELOPER LEASE AGREEMENT THIS DEVELOPER LEASE AGREEMENT ("Agreement") is entered into as of the day of , 1996, by and among the City of La Quinta, a municipal corporation ("City"), Home Depot U.S.A., Inc., a Delaware corporation ("Developer"), and Credit Suisse Leasing 92A, L.P. ("Owner") with reference to the following: RECITALS A. WHEREAS, Owner has acquired or will acquire certain property located in the City ("Project Site"), which Project Site is described on Exhibit "A"attached hereto and depicted on Exhibit "B" attached hereto; and B. WHEREAS, Owner desires to lease to Developer the Project Site to develop and operate a commercial/retail center and related improvements as described in the Development Agreement dated , the Specific Plan 96-027 the CUP 96-028, and related improvements (the "Project"); and C. WHEREAS, in connection with the development of the Project, Owner intends to dedicate and convey certain real property to the City for public facilities along Jefferson Street ("Jefferson Street Dedicated Property"), which Property is described on Exhibit "C" attached hereto and depicted on Exhibit "D" attached hereto; and D. WHEREAS, in connection with the Project, Owner intends to dedicate and convey certain real property to the City and ultimately to the State of California ("State") for public facilities along Highway 111 ("Highway 111 Dedicated Property"), which property is described on Exhibit "E" attached hereto and depicted on Exhibit "F" attached hereto. E. WHEREAS, the City currently owns certain right-of-way adjacent to the Project Site ("Existing Right -of -Way"), which Existing Right -of -Way is described on Exhibit "G" attached hereto and depicted on Exhibit "H"; and E. WHEREAS, the City desires, subsequent to acquiring the Jefferson Street Dedicated Property and the Highway 111 Dedicated Property, collectively the "Dedicated Properties" from Owner, to lease the Dedicated Properties and the Existing Right -of -Way, as depicted on Exhibit "D", 3hmdpt.les "F", and "H" attached ("Public Property") to Developer, for purposes of having Developer construct thereon certain street improvement public facilities in addition to certain flood control public facilities located on the Project Site ("Public Facilities"), which Public Facilities are described on Exhibit "I" attached hereto; and G. WHEREAS, Developer has agreed to construct the Public Facilities on the Project Site including those located on the Public Property, and then to sublease the portion of the Jefferson Street Public Property and Public Facilities to the City pursuant to a sublease ("Public Property Sublease"), and to release from the lease agreement the Highway 111 portion of the Public Property for the City to transfer to the State for the benefit of the public and in furtherance of public purposes of the City; 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 he meanings herein specified. (a) "Agreement" shall mean this 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) "Commencement Date" shall mean the date upon which the City first receives Sales and Use Tax Revenues from businesses or activities conducted on the Project Site after completion of the Public Facilities. (d) "City" shall mean the City of La Quinta, California, a political subdivision of the Site of California, and its successors and assigns. (e) "Dedicated Properties" shall mean those certain real properties as described on Exhibits "C" and "E" and depicted on Exhibits "D" and "F", which real property shall be conveyed by Developer to the City pursuant to the terms of this Agreement. (f) "Developer" shall mean Home Depot U.S.A., Inc., a Delaware corporation. (g) "Existing Right -of -Way" shall mean the existing right-of-way currently owned by the City, as described in recital paragraph D. hereof. (I) "Highway 111 Dedicated Property" shall mean that certain property described on Exhibit "E" and depicted on Exhibit "F". 3hmdpdes 2 0) "Jefferson Street Dedicated Property" shall mean that certain property described in Exhibit "C" and depicted in Exhibit "D". (k) "Interest Component" shall have the meaning set forth in Section 6 hereof. (1) "Leasehold Value" shall have the meaning set forth in Section 6 hereof. (m) "Owner" is Credit Suisse Leasing 92A, L.P., a Delaware limited partnership. (n) "Principal Component" shall have the meaning set forth in Section 6 hereof. (o) "Project" shall mean the commercial facility and related improvements described in recital paragraph B. above. (p) "Project Site" shall mean the real property described on Exhibit "A" and depicted on Exhibit "B" attached hereto. (q) "Public Facilities" shall mean the public facilities to be constructed by Developer on the Public Property. (r) "Public Property" shall mean, collectively, the Future Right -of -Way and the Existing Right -of -Way, as described herein. (s) "Public Property Lease" shall mean the lease agreement described in Section 3 hereof, wherein the City, as lessor, leases to Developer, as lessee, the Public Property. (t) "Public Property Sublease" shall mean the sublease agreement described in Section 5 hereof, wherein Developer, as sublessor, subleases to the City, as sublessee, the Public Property and Public Facilities. (u) "Rental Period" shall have the meaning set forth in Section 7(a)(2) hereof. (v) "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. (w) "State" shall man the State of California". (x) "Sales and Use Tax Revenues" shall mean any revenues collected by the City pursuant to Sales and Use Tax as described above. (y) "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. 3hmdpt.les 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 Properties, 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 Properties 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 Properties, 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 Properties 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 Properties to the City or its designee, this Agreement shall be recorded in the Official Records of the City of La Quinta, California. Section 3. Public Property Lease. Upon conveyance of the Dedicated Properties to the City or its designee as described above, the City shall lease the Public Property (consisting of the Dedicated Properties and Existing Right -of - Way) to Developer or cause the Public Property to be leased to Developer, and Developer shall lease the Public Property from the City or its designee on the terms and conditions set forth herein ("Public Property Lease"). Rent for the entire term of the Public Property Lease shall be an advance payment by Developer to the City of the sum of $1.00. The term of the Public Property Lease shall commence on the date that the City or its designee accepts conveyance of the Dedicated Property and continue for the Jefferson Street portion of the Public Property until the termination of the Public Property Sublease, as described herein, and, upon termination of the Public Property Sublease, the Public Property Lease shall likewise terminate for the Highway 111 portion of the Public Property the Public Property Lease shall terminate upon the City's transfer of the Highway 111 Dedicated Property to the State. Section 4. Construction of Public Facilities. (a) Developer's Obligations. Developer shall finance and construct on the Public Property and the Project Site, all of the Public Facilities described on Exhibit "I" attached hereto. In that connection, 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; (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; 3hmdpt.les 4 (4) prior to commencement of construction, Developer shall provide the City with faithful performance and material payment bonds, 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, termination 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 Property and 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 approve 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; and (2) inspect the construction of the Public Facilities as required; (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. 3hmdpr..les Section 5. Public Property Sublease. Upon completion of the Public Facilities, Developer shall sublease the Public Property and Public Facilities constructed on Jefferson Street (Exhibits "D and H") to the City and the City shall sublease same from Developer ("Public Property Sublease") under the terms and conditions set forth herein. The Public Facilities shall be deemed to be "complete" upon final inspection and acceptance by the City. Concurrently, the Public Property and Public Facilities constructed on Highway 111 (Exhibits "E and F") shall be transferred to the State of California. Section 6. Term of the Public Proper Sublease. The Public Property Sublease shall begin as of the Commencement Date as defined in Section 1(d) hereof. The Public Property Sublease shall end on the earlier of (1) December 31 st of the calendar year which is 12 years after the Commencement Date, or (2) when the full amount of the Leasehold Value including both the Principal Component and then accrued Interest Component, as defined in Section 7 below, has been paid to Developer. Section 7. City's Obligation under Public Property Sublease. Under the terms of the Public Property Sublease, the City shall perform the following obligations: (a) Base Rental Payments. The City agrees to pay to Developer, on a quarterly basis, base rental payments ("Base Rental Payments") for the applicable rental period or portion thereof throughout the term of the Public Property Sublease. All Base Rental payments shall be allocated as set forth in this Section 7. (1) Amounts of Base Rental Payments. Base Rental Payments shall be calculated as follows: From the Commencement Date and continuing through the term of the Public Property Sublease, Base Rental Payments shall be forty-eight percent (48%) 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 and Twenty -Eight Six Hundred Eighty Dollars ($128,680) in any calendar year of the Sublease. (2) Time for Payment. The City's obligation to pay Base Rental Payments shall begin on the Commencement Date. The City shall make quarterly Base Rental Payments to Developer for each rental period ("Rental Period") or portion thereof, which Rental Periods shall consist of each calendar quarter. Each Base Rental Payment shall be due to Developer on or before the thirtieth (30th) day after the City receives its quarterly sales tax reconciliation from the State of California. (3) Form of Base Rental Payments. Each base 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 15 of this Agreement. 3hmdpt.les 6 (4) Records Required. Developer shall provide, or cause each business or activity located on the Project Site to provide, to the City, all of the information required by the "Information Sheet on Sales and Use Tax Reporting and Information Required by the City of La Quinta," a copy of which is attached hereto as Exhibit "J". It shall be the obligation of Developer to provide the required information to the City in a timely manner and to keep the information accurate during the term of the Public Property Sublease. Failure to supply the required information in a timely manner may, at the discretion of the City, result in a delay of that portion of the Base Rental payment applicable to any such business or activity which has failed to provide the required information. 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 base Rental Payment, a written accounting with respect to each Payment. (5) Limit on Total Base Rental Payments. Notwithstanding anything to the contrary herein, the aggregate Base 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, including both the Principal Component and the Interest Component. The parties hereto stipulate and agree that the total value of the leasehold interest ("Leasehold Interest"j shall include a principal component and an interest component. Upon the Commencement Date of this Agreement, the principal component ("Principal Component") equals Eight Hundred Eighty Thousand Dollars ($880,000). The Principal Component shall bear interest ("Interest Component) until paid in full, at a rate equal to eight percent (8%) per annum unless mutually agreed to by the parties hereto. Such interest shall begin to accrue on the Commencement Date of the Public Property Sublease and shall continue to accrue until the Principal Component is paid in full or this Agreement is otherwise terminated as provided herein. All Base Rental payments made by the City to Developer shall be allocated first to the Interest Component payable as of the date of City's payment of said Base Rental payment. Any amount of said Base Rental payments in excess of the accrued but unpaid Interest Component shall then be applied to the reduction of the Principal Component. (b) Total Consideration. The Base Rental Payments set forth above shall collectively constitute the total consideration for each lease year or portion thereof and shall be paid by the City for and in consideration of the right of use and occupancy, and the continued quiet use and enjoyment of the Public Property and Public Facilities for and during said year or portion thereof. The parties hereto have agreed and determined that such total consideration represents the fair rental value of the Public Property and Public Facilities (the "Leasehold Value"). In making such determination, consideration has been given to the costs of acquisition, construction and financing of all of the Public Property and Public Facilities (including the portion of the facilities that must be dedicated to the State on Highway 111 and the flood control facilities all as specifically identified in Exhibit "I"), the use and purposes which will be served by the Public Property and Public Facilities and the benefits therefrom which will accrue to the parties to this Agreement and to the general public in the City of La Quinta by reason of the acquisition and/or construction of the Public Property and Public Facilities. Amdpdes 7 Section 8. Source of City's Payment Obligations. The obligations of the City to Developer to pay the Base 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, including both the Principal Component and the Interest Component, 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. 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 Jefferson Street and not 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 without 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 paragraph 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 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. 3hmdpt.les 8 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 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 10. 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 of 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 10. (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 connection 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 perform its obligations under the terms of the Public Property Sublease. Such, above identified, indemnification 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 11. Sale Transfer or Assignment. The City shall have the right to permit the Amdpdes 9 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 the lease -sublease after completion, however, such transfer shall not effect the obligation of the City to pay the full Leasehold Value. 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 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 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 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 9(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. Section 12. 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 13. 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 13 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 14. 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 peaceable and quietly, have, hold and enjoy the Public Facilities without hindrance or molestation by Developer or anyone whose rights arise through Developer. Section 15. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, or designations hereunder by either party to the other shall be in writing and shall be served upon the other party by registered mail, personal service, or facsimile, at the addresses set forth below: City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Developer: Home Depot U.S.A., Inc. 601 S. Placentia Fullerton, CA 92831 Attention: Legal Department 3hmdpr..les 11 Section 16. 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 17. 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 18. Default by the City. If the City fails to pay any Base Renal Payments due hereunder within ten (10) days from the date that such Base Renal 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 to violation of the terms of this Agreement, either voluntarily or by operation of law, then in such events the City shall be deemed to be in default under the terms of this Agreement. If the City should, after written notice from Developer, fail to remedy any default within thirty (30) days from the date of such notice, then Developer shall have the right, at its option, without further demand or notice, to take an action or legal proceeding to recover Base Rental payments as they become due pursuant to Section 7 of this Agreement, or to cause the City to keep any other terms or covenants required of it, without terminating this Agreement or the City's right to possession of the Public Facilities, and Developer shall further have the right to recover all costs and fees incurred by it in collecting said rents and/or enforcing the terms of this Agreement, including without limitation, attorneys' fees and costs. Without limiting the generality of the foregoing, Developer shall have the remedy described in California Civil Code Section 1951.4, providing that Developer may 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 19. 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 Amdpdes 12 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. If Developer should, after written notice from the City, fail to remedy any such default within thirty (30) days of said notice, 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 thirty (30) 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, as long as the City continues to use the Public Facilities, the City shall continue to make the Base Rental Payments pursuant to Section 7 hereof to Developer or its successor in interest. Section 20. 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) City's Representation. City hereby represents that, to the best of its knowledge, 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 21. 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. Amdpdes 13 Section 22. 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 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 Component of the Leasehold Value. 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 21, 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 23. Recordation and Filing. Upon full execution of this Agreement, Developer shall record this Agreement in the Official Records of the City Recorder for the City of La Quinta, California. Section 24. 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 25. Validi1y 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, is 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. 3hmdpt.les 14 Section 26. Headings. 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 27. 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 28. Governing Law. This Agreement shall be construed and governed by the laws of the State of California. Section 29. Time of the Essence. Time is of the essence with respect to this Agreement. Section 30. 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 31. 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 32. 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 33. Authori 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 3hmdpt.les 15 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. Section 34. 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 "Bit Depiction of Project Site licit Legal Description of Dedicated Property (Jefferson Street) "D" Depiction of Dedicated Property (Jefferson Street) "Eli Legal Description of Dedicated Property (Highway 111) "Fit Depiction of Dedicated Property (Highway 111) "G Legal Description of Existing Right -of -Way (Jefferson Street) "Hit Depiction of Existing Right-of-way (Jefferson Street) "I" Public Facilities "J" Standard City Form 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 ad year first above written. CITY OF LA QUINTA, a municipal corporation LOW ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3hmdpt.les 16 HOME DEPOT U.S.A., INC., a Delaware corporation CREDIT SUISSE LEASING 92A, L.P., a Delaware limited partnership "Owner" am 3hmdpt.les 17 By: Home Depot U.S.A., Inc., as attorney in fact under power of attorney dated EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT SITE THAT PORTION OF THE NORTHMAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF SIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST THREE-QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; EXCEPTING 'ITHTMROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE OF THAT CERTAIN PERPETUAL RIGHT OF WAY DEDICATED TO THE COACHELLA VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECREE OF CONDEMNATION RECORDED OCTOBER 6, 1923 IN BOOK 591, PAGE 223 OF DEEDS, RECORDS OF SAID COUNTY; ALSO EXCEPTING Tf EFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1936, IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; ALSO THE EASTERLY 44 FEET CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DECENIBER 19, 1961, AS INSTRUMENT NO 108910 OF OFFICIAL RECORDS SAID COUNTY; ALSO EXCEPTING EOM THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED OCTOBER. 3, 1969 AS INSTRUMENT NO.95403 OF OFFICIAL RECORDS OF SAID COUNTY; TOGETma WITH THE EAST HALF OF THE WEST HALF OF THE EAST TFB.tEE- QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; EXCEPTING 'I'IiEFkEFROM THAT PORTION LYING NORTHERLY OF THE SOU`nlERLY LINE OF THAT CERTAIN PERPETUAL RIGHT OF WAY DEDICATED TO THE CoAC.B ELLA VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECREE OF CONDEMNATION RECORDED OCTOBER 6, 1923 IN BOOK 591, PAGE 223 OF DEEDS, RECORDS OF SAID COUNTY; LLA 94-181 / PARCEL 1 ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED RMRUARY 13, 1936, IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THE ATTACHED PLAT LABELED SIT "B" IS HEREBY MADE A PART OF THIS DESCRIPTION PREPARED UNDER MY SUPERVISION \O14pl LAAfo $ oyyO�S. SO4G��< o d No.5749 b v r , v - y*0"M,0 iLLIE, P.L.S. 5749 DFATE EXPIRES 12/31/99 �f'TF oc cmota-:$ FD. EXHIBIT "B" FOUND NOTHING, ESTABUSHED L.S. 4897 ACCEPTED. AS INT. PER Cl. TiES. ACCEPTED AS WESTWARD 'iO & DUNE DEPICTION OF PROJECT SITE INT. WESTWARD Ho PALMS, AND AS N. 1/4 JEFFERSON. AND AS N.E. COR. SEC 2.9. T5S. R7E COR. SEC 29. T5S. R7E 496.72' (496.6 r) WESTWARD _ HO 1493.99 (1493.83') _ 9'38'21"I�265 24 8" (N89'38'21"Ea54.00') I (N89'38'21'E 2654.00'1 PER TR. N0. 2180. 7-39 MAPS) I' EAST 1 I WEST LINE 0F EA /2 OF EAST 3/4 OF N.E. QUARTER I I FIESTA DRIVE I OF SEC. 29. T5S. R1I E 1 v II ---WEST UNE OF EAST 1 /4 . OF N.E. QUARTER OF r Io \z W z cv SEC. 29. T5S. RILE c ROAORUNNEA LANE r as a 0 z I rn ♦ z I S UTHERLY UNE 0 1 ACT NO. 2180 MAPS � � N d W ci w c 4 y N N a I NORTH UNE WHITEWATfR STORM CHANNEL PARCEL 2 v ti- W I WHITEwATER 5TORM CHANT EL I W o I PER 591/223 DEEDS I ��r i I I i EXISTING — v In I LOT UNE I SOUTH UNE W1111ATER I I NEW STORM CHANNEL I � LOT UNEj 591 /223 DEEDS IL--WEST UNE OF EAST I 1 /2 OF N.E QUARTER I i of SEC. 29. T5S, RILE 1ARCEL 1 I I I I iNSTR. N0. 108910 O.R- I I F0. 1'I.1P BLS. 5570 I 0.05 E SOUTH 1 16TH I FD 16I P. LS. 5570 I CORNER OF N.E. 1 /4 INSTR. No. 95403 O.R. ACCEPTED. AS q INT. SEC. 29. Ti55. R7E `\ DUNE PAW do HWY 11 i n18/24 O.R. AND CENTER SEC 29 Tm M , _ 1492.BV_,_,_ J- _ - �GHYI�AY �. — 1987.87 098 8) N89.39153'E 2550.50- (N89.4 OIT 2853.0S• ) • 14' PER CA —TRANS MONUMENT MAP A302-0004-006) (N89 4314 E 2650. FO 1'1.P.. NO NUMB () �. RECORD PER TRACT No 2667, 50/64-65 MAPS, ACCEPTED AS' q INT. UNLESS OTHERw1SE NOTED. JEFFERSON do HWY 11 AND AS E..1 /4 COR. 7-rLE: PLAT TO ACCOMPANY SEC. 29. T5S. C LEGAL DESCRIPTION N 01h `AI yc' LOT LINE ADJUSTMENT No. 94--181 s ,•o30°rIL No. STD Inc.PREPA ED UN ER Y PERVISIO fso. f?i] ■aa�• & Fore Incr- �i`�?T Mar A CM Etgt"MI.9 MM . �4 • � M Wa F aC CJ t38i1 N@wpw /yg. Sub 200 • Taft Cal 92684-7803.714/544-3404 J E. SE � ' 12/31 /99 __ .-, EXHIBIT "C" LEGAL DESCRIPTION OF DEDICATED PROPERTY PROPERTY TO BE DEDICATED ALONG JEFFERSON STREET THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT NO. 94-181, RECORDED OCTOBER 22, 1996 AS INSTRUMENT NO. 96-404708 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT GRANTED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT IN A DOCUMENT RECORDED JUNE 23, 1960 IN BOOK 2719, PAGE 62 OF OFFICIAL RECORDS OF SAID COUNTY, WITH THE WESTERLY LINE OF JEFFERSON AVENUE, 44 FOOT HALF -WIDTH, AS DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF RIVERSIDE, RECORDED DECEMBER 19,1961 AS INSTRUMENT NO.108910 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 0 DEGREES 04'39" EAST 780.75 FEET ALONG SAID WESTERLY LINE TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 3, 1968 AS INSTRUMENT 95403 OF OFFICIAL RECORDS OF SAID COUNTY, THROUGH A CENTRAL ANGLE OF 6 DEGREES 54'25", AN ARC LENGTH OF 3.62 FEET TO A POINT ON A NON -TANGENT LINE, SAID LINE BEING PARALLEL WITH AND DISTANT NORTHERLY 86.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF HIGHWAY 111, AS SHOWN ON CAL -TRANS MONUMENT MAP A302-0004-006; THENCE SOUTH 89 DEGREES 58'44" WEST 66.81 FEET ALONG SAID PARALLEL LINE TO A POINT OF CUSP THAT IS THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 DEGREES 03'23", AN ARC LENGTH OF 47.15 FEET; THENCE NORTH 0 DEGREES 04'39" WEST 46.01 FEET; THENCE NORTH 0 DEGREES 57'51" EAST 113.71 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 229.44 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 DEGREES 21'59", AN ARC LENGTH OF 45.52 FEET TO A POINT OF REVERSE CURVE, SAID REVERSE CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 229.44 FEET; THENCE NORTHERLY ALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 DEGREES 21'5911, AN ARC LENGTH OF 45.52 FEET; THENCE NORTH 0 DEGREES 57'51" EAST 345.86 FEET; THENCE NORTH 0 DEGREES 04'39" WEST 152.45 FEET TO A POINT ON SAID SOUTHERLY LINE OF THE COACHELLA VALLEY COUNTY WATER DISTRICT EASEMENT, SAID SOUTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 3500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18 DEGREES 46 '21" WEST; 'THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0 DEGREES 18'41", AN ARC LENGTH OF 19.02 FEET TO THE POINT OF BEGINNING; EXHIBIT "D" DEPICTION OF DEDICATED PROPERTY PROPERTY TO BE DEDICATED ALONG JEFFERSON STREET WESTWARD p Gr90.03.236 j A-0514'25* fR-30.00' , R-30.00 T=30.03' T-1.81, - • L 47.15 I L 3.61 �•---WEST UNE OFIEAST 1/2 OF � U8 N00'04'39'W I Q N89'58'44'E I EAST 3/4 OF ;N.E. OUARTER 46.01V 68.81 • I OF SEC. 29, ?S. R11 E © NOWV516E ( I I 113'71• I � -WEST UNE OF EAST 1 /4 i © a11'21'59" I I i ' OF N.E. QUARTER OF R-229.44' SEC. 29, TSS, R11E . L-4SS2' WEST UNE OF EASt 1/2 OF WEST i 1/2 OF EAST 3/4 F N.E. QUARTER ! ! { OF SEC. 29, TSS.SiE I 4P0o'1841 I I R-3500.00' { PARCEL, 2 T-9.51• a I i LLA 94-1 41 L-t9.o2• .� , �t ' I 196-404708 (D.R. ' y i I SCUM UNE WHITEWATER I I , P.0.1 {� STOR' CHANNEL PER I 501 /23 DEEDS I 00� •-'44' NOO-OV39.1132.45 �dZ' SOUTH UNE OF ' CHANNEL EASEMENT t I I PARCEU 1 ' L.LA 94— l 81 I I 1 96-404708 O.R. tNSTR. NO. 108910 o.R. ' I I ►4-.--- ;NEST UNE OFI EAST i (RAD) I 1/2 OF N.E. WARIER j OF SEC. 29, SS. R11E I + 44' I I m 111 FVI URE HWY 111 ate PER {CALTRANS RIT4T OF WAY �-! -- 208/24 O.R. _ H WAY IGH t» _ 14112.84' S. UNE N.E 14 N09'39'530E 2850.50' SEC. 29. TE SS. R7INSTR. N0. 93403 O.R. 8EINQ N9o'30 21FE PNER TiR.. NQE 21150. 411/37 32 E DIP MAAPS.. H® 7TLE: PLAT TO ACCOMPANY LEGAL DESC:RIP11ON OF FUTURE RIGHT -OF --WAY -(MOT- CORNER AVENUE '�r� � CORNER DET AIL & iVmmr hie. N.T.S. NPrAad a+owr+6 • 9 were waw N '5621 N�rga6 1�. &S 2W . nd�, CA 02660.780.714/644-3 01 Q " F UiilR� RIGHT -Or -WA) DATE OF PREPARATION: 10 28 96 ""LE` is-2W JOB NO. 5134--OC EXHIBIT "B" LEGAL DESCRIPTION OF DEDICATED PROPERTY PROPERTY TO BE DEDICATED FOR RIGHT-OF-WAY ON HIGHWAY 111 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT NO. 94-181, RECORDED OCTOBER 22, 1996 AS INSTRUMENT NO.96-404708 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 3, 1968 AS INSTRUMENT NO. 95403 OF OFFICIAL RECORDS OF SAID COUNTY, WITH A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 86.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF HIGHWAY 111, AS SHOWN ON CALTRANS MONUMENT MAP A302-0004-006, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID NORTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 82 DEGREES 50'08", AN ARC LENGTH OF 43.37 FEET TO A TANGENT LINE, SAID TANGENT LINE BEING THE NORTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED . FEBRUARY 13, 1936 IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE INTERSECTION WITH THE WESTERLY LINE OF THE EAST HALF OF THE WEST HALF OF THE EAST THREE-QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; THENCE NORTH 0 DEGREES 07'24" WEST 34.20 FEET ALONG SAID WESTERLY LINE TO ITS INTERSECTION WITH SAID LINE THAT IS PARALLEL TO THE CENTERLINE OF HIGHWAY 111; THENCE NORTH 89 DEGREES 58'44" EAST 1448.69 FEET TO THE POINT OF BEGINNING. EXHIBIT 711 DEPICTION OF DEDICATED PROPERTY PROPERTY TO BE DEDICATED FOR RIGHT-OF-WAY ON HIGHWAY I I I W_ESTWARDDHO __-__ - _ I I L---WEST UNE OFIEAST 1/2 OF i l EAST 3/4 Of IN.E. QUARTER I Of SEC. 29, TSS, R11 E I I i I I t•----WEST UNE OF EAST 1/4 I I I OF N.E. OUARTER OF Q r*--WE4T UNE OF EAST 1/21OF WEST I C. 29, TSS, R11E + j <+ 1 1/2! OF EAST 3/4 OF N f- QUARTER I l I Of EG 29, TSS, R1 i E I I P t I AR CEL 21 � LLA 94-1Al 1 I I 196--404708 O.R. I4-C r+— zI I l I a, SOUTH UNE WHITEWATF.R I STORM CHANNEL PER 591/223 DEEDS I I I FUTURE ,JEFFERSCN I v I I•. -WEST UNE CFI EAST I AVE. RIGHT OF WAY----i I 1/2 OF N.E ARTER PA CEL 1 CR SEC. 22, 15% R11E IJ.A 4„-181 ( . I I � 96 404708 O.R. I 4 I INSTR. NO. 100910 O.R. I I N00tr24'W PER ALTRANS I 4.20 I k1pal3 S. LINE N.E. 1 SEC.29, TM THE BASIS OF BEARINGS IS THE CENTERLINE OF WESTWARD HO BEING N95*38 21'E PER TR. N0. 21 S0. 41 /37-39 MAPS i1TLE: PLAT TO ACCOMPANY. LEGAL DESCRIPTION OF FUTURE RIGHT-OF-WAY ... ..(STATE HIGHWAY 111) t jjP�a11 Fbm mmm Inc. rA0d „o • Pl W4 -- 11"1 11 • FM Wrenn 130M NfVW ks. M 200 0 UK CA UU11-18011. 7tiN641-0/04 2 2950.50' 24 O.R. INSTR. NO. 95403 O.R. p a•er50'oa° RM30.00 T-2e.4r / ..ice '•11Y' L•43.3T CORNER DETAIL N.T.S. ®• FUTURE RIGHT-OF-WAY : 1'• JOB NO. 5134--002 EXHIBIT "G" LEGAL DESCRIPTION OF EXISTING RIGHT-OF-WAY OF JEFFERSON STREET THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNA.RDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO THE COUNTY OF RIVERSIDE, RECORDED DECEMBER 19, 1961 AS INSTRUMENT NO. 108910 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED IN SAID DEED AS FOLLOWS: THE EASTERLY RECTANGULAR 44 FEET OF THE EASTERLY 1485 FEET OF THE NORTHEAST QUARTER OF SECTION 29, T.5 S., R. 7 E., S.B.B.M., LYING SOUTH OF THE COACHELLA VALLEY COUNTY WATER DISTRICT FLOOD CHANNEL. EXCEPTING THEREFROM THAT PORTION THEREOF IN STATE HIGHWAY 64-Q. EXHIBIT "H" DEPICTION OF EXISTING RIGHT-OF-WAY OF JEFFERSON STREET WESTWARD HO _ i L.----WEST UNE OF lEAST 1 /2 OF ^ i I EAST 3/4 OF ;N.E. QUARTER i OF SEC. 22. TPS, R11 E I i 1 i + �---WEST UNE OF EAST 1/4 OF N.E. QUARTER OF I --- WEST LINE OF EAST 1 /2I OF WEST ( SEC. 29, TSS, R11 E I I 1/ OF EAST 3/4 OF N.F. QUARTER I pE I OF `SEC. 29. T35, R11E I I I I ( PARCEL I I I W CL I I j LLA 94--1 q1 I 96-404708 O.R. 44' I � � SOUTH LINE WHITEWATER .,Z I I I I �.--- WEST LINE OFl EAST 1 /2 OF N.E. 4UARTER OF SEC. 29, rA R11 E i I I STORM CHANNEL. PER 591/223 DEEDS I i4ARCEL 1 L�4708 04-1 B1 98- O.R. I INSTR. I I INSTR. NO I R.. O I 268/24 � I �e AT-- _ 5 Na9'39'S3"E 26 2650.50' THE BASIS OF ®EARINGS IS THE CENTERLINE OF WESTWARD NO BEING N98'31VVE PER TR. NO. 2180. 41/37-39 MAPS. TITLE: PLAT TO ACCOMPANY LEGAL DESCRIPTION OF EXISTING RIGHT —OF --WAY AJEFFERSON AVENUE) R ffiR Inc. +o �+q sdnt� Poellc wera MM N&qM hoe, SQU 200 • %dk% CA 11IM-7003 . 714/644-3404 SCALE. 1 "• 250' a: z NO. 108910 O.R. 44' . 95403 O.R.•-� 111 . _.-F - - EXISTING RIGHT —of --WAY ATION: 10 8 96 1 JOB NO. 5134-00; EXHIBIT "I" PUBLIC FACILITIES JEFFERSON STREET IMPROVEMENTS - SEE JEFFERSON STREET IMPROVEMENT PLANS QUANTITY UNIT UNIT COST TOTAL ITEM 800 LF $ 10.00 $ 8,000 6" Curb and Gutter 150 LF 9.50 1,425 8" Median Curb Meandering Sidewalk 4,500 SF 2.50 11,250 Cross Gutters/Spandrel 1,200 SF 3.50 4,200 Unclassified Excavation/Removal 860 CY 10.00 8,600 5-1/2" A.C. Over 6-1/2" Base 23,200 SF 2.25 52,200 1 LS 7,500.00 7,500 Misc. Signing and Striping 4 EA 750.00 3,000 Access Ramps Parkway Landscaping 9,600 SF 2.00 19,200 5 EA 150.00 750 Relocate Signs 2 EA 350.00 70Q Relocate Electric Meters Remove AC Paving 1,400 SF 0.60 940 Remove Curb 150 LF 3.00 450 1 EA 250 250 Adjust To Grade $118,365 Total Estimated Cost HIGHWAY III IMPROVEMENTS- SEE HIGHWAY III STREET IMPROVEMENT PLANS QUANTITY NTITY UNIT UNrl cwi LvcOST ITEM 1,300 LF $ 10.00 $ 13,000 6" Curb and Gutter 5 1/2" A.C. Over 6 1/2 Base 28,600 SF 1.50 42,900 Meandering Sidewalk 10,400 SF 2.50 26,000 Cross Gutters/Spandrel 1,200 SF 3.50 4,200 Unclassified Excavation/Removal 1,600 CY 10.00 16,000 1 EA 3,500.00 3,500 Catch Basin 50 LF 48.00 2,400 24" RCP Pipe Signing and Striping 1 LS 7,500.00 7,500 7 EA 750.00 5,250 Access Ramps Parkway Landscaping 28,600 SF 2.00 57,200 Signal Modifications - Jefferson Street 1 LS 50,000.00 50,000 New Signal - Project Entrance I LS 90,000.00 90,000 18" Off Site Waterline to Dune Palms 1,900 LF 45.00 85,500 Connection to Existing Dune Palms Waterline 1 EA 10,000 10,000 18" Butterfly Valves 5 EA 2,500.00 12,500 I EA 1,500.00 1,500 6" Blow Off 2" Air -Vac Valve 1 EA 1,000.00 1,000 1 LS 5,000.00 5,000 Misc. Fittings $433,450 Total Estimated Cost WHITEWATER CHANNEL LINING IMPROVEMENTS - SEE CHANNEL LINING PLANS I�� QU ANTITY USU UM LVI ►.LUL" COST Channel Lining (Includes Excavation) 840 LF $250.00 $210,000 1 LS 30,000.00 30,000 Liner Wrap Around CVWD Connection Fee 1 LS 4,800.00 4,900 I LS 15,000.00 15,000 Outlet Structure $259,800 Total Estimated Cost ELECTRICAL UNDERGROUNDING - IID PLANS (JEFFERSON STREET AND HIGHWAY 111) ITEM QUANTITY IM I NIT COST TOTAL CM Undergrounding 1 LS $350.000 $350,000 $350,000 Total Estimated Cost EXHIBIT "J" STANDARD CITY FORM Provide a copy of a completed State Board of Equalization Sales Tax Report. EXHIBIT "D" SPECIFIC PLAN JEFFERSON PLAZA SPECIFIC PLAN GCS' J 1 I! C,TY OF LApcUiNTA PLAN DEPARTMEPdT PREPARED BY: GREENBERG FARROW ARCHITECTURE ARCHITECTURE - ENGINEERING - PLANNING 15101 REDHILL AVENUE / SUITE 200 TUSTIN, CA 92680 (714) 259-0500 IN ASSOCIATION WITH: THE KEITH COMPANIES 2955 Redhill Ave. . Costa Mesa, CA 92626 (714) 540-0800 FOR: THE HOME DEPOT U.S.A. 601 SOUTH PLACENTIA FULLERTON, CA 92631 October 1996 12790.001.2441 9999. W PD.00 JEFFERSON PLAZA SPECIFIC PLAN OUTLINE SECTION 1.0 SUMMARY 1.10 PURPOSE 1.20 SPECIFIC PLAN SUMMARY 1.20.1 PROJECT SUMMARY 1.20.2 PROJECT OBJECTIVES 1.20.3 PROJECT CHARACTERISTICS 1.20.4 MASTER DESIGN THEME SECTION 2.0 MASTER PLANS 2.10 PROJECT DESCRIPTION 2.20 DEVELOPMENT PHASING PLAN 2.20.1 PHASING PLAN DESCRIPTION 2.20.2 GRADING 2.20.2.1 UNDEVEi-OPED LAND 2.20.2.2 FLOOD PROTECTION 2.20.2.3 GEOTECHNICAL REPORT 2.20.2.4 GRADING PLAN 2.20.2.5 PAD ELEVATIONS 2.20.3 PHASING PLAN 2.25 PROJECT OPERATIONS 2.25.1 TRASH RECYCLING 2.30 ARCHAEOLOGY 2.40 DRAINAGE PLAN 2.40.1 DRAINAGE PLAN DESCRIPTION 2.40.1.1 CHANNEL LINING 2.40.1.2 STORM WATER RETENTION 2.40.1.3 NUISANCE WATER 2.40.1.4 TRICKLING SAND FILTER AND LEACHING October 1996 12790.0C 1.2441.9999. W PD.00 2.40.1.5 RETENTION BASIN 2.40.1.6 HISTORIC DOWNSTREAM DRAINAGE 2.40.2A DRAINAGE PLAN 2.50 WATER PLAN 2.50.1 WATER SERVICE DESCRIPTION 2.50.2A WATER PLAN 2.60 SEWER PLAN 2.60.1 SEWER SERVICE DESCRIPTION 2.60.2A SEWER PLAN 2.70 CIRCULATION PLAN 2.70.1 PROJECT AREA BACKGROUND 2.70.2 CIRCULATION DESCRIPTION 2.70.3 PUBLIC TRANSPORTATION/TDM 2.70.4 AIR QUALITY 2.70.5 STREET AND TRAFFIC IMPROVEMENTS 2.70.5.1 MINIMUM STREET IMPROVEMENTS 2.70.5.2 ACCESS POINTS 2.70.5.3 IMPROVEMENT APPURTENANCES 2.70.5.4 PAVEMENT SECTIONS 2.70.A CIRCULATION PLAN - OFFSITE 2.70.E CIRCULATION PLAN - ONSITE 2.80 SIGNAGE 2.80.1 LOCATIONS ON SITE 2.80.2 BUILDING SIGNAGE LOCATIONS - MAJOR TENANTS 2.80.3 BUILDING SIGNAGE DETAILS - MAJOR TENANTS 2.80.4 BUILDING SIGNAGE - MINOR TENANTS 2.80.5 MONUMENT SIGNS 2.90 LANDSCAPE CONCEPT 2.90.1 DEVELOPMENT STANDARDS 2.90.1.1 LANDSCAPE SHADING REQUIREMENTS FOR PARKING LOTS 2.90.1.2 LANDSCAPE MAINTENANCE 2.90.1.3 LANDSCAPE DEVELOPMENT STANDARDS 2.90.1.4 LANDSCAPE SCREENING 2.90.2A PLANT PALETTE AND LANDSCAPE PLAN SECTION 3.0 SPECIFIC PLAN 3.10 LAND USE 3.20 ZONING 3.20.1 OUTDOOR SALES 3.20.2 ZONING STANDARDS 3.20.3 DEVIATIONS FROM ZONING CODE 3.20.3.1 PARKING STALL SIZE 3.20.3.2 NUMBER OF PARKING STALLS PROVIDED 3.20.3.3 PERCENTAGE OF LANDSCAPE AREA PROVIDED 3.20.4 PERMITTED USES 3.30 SPECIFIC DESIGN FEATURES 3.30.1 SCREENWALL 3.30.2 SCREENING OF ROOFTOP EQUIPMENT 3.30.3 UTILITY ENCLOSURES 3.30.4 CART STORAGE 3.30.5 EXTERIOR LIGHTING 3.40 PROPERTY RIGHTS 3.40.1 RIGHT OF WAY UTILITY EASEMENTS 3.40.2 UTILITY EASEMENTS 3.40.3 CITY ENTRY SIGN 3.50 UTILITIES 3.50.1 EXISTING UTILITIES 3.50.2 UNDERGROUND UTILITIES APPENDIX A. RESOLUTIONS AND CONDITIONS OF APPROVAL FOR PHASE I October 1996 12790.001.2 441.9999. W P D.00 SECTION 1.0 SUMMARY 1.10 PURPOSE 1.20 SPECIFIC PLAN SUMMARY 1.20.1 PROJECT SUMMARY 1.20.2 PROJECT OBJECTIVES 1.20.3 PROJECT CHARACTERISTICS 1.20.4 MASTER DESIGN THEME October 1996 12790. C 01.244 7.9999. W PD.00 1.10 PURPOSE The purpose of this specific plan is to provide an overview and analysis of the proposed project for the property at the comer of Highway 111 and Jefferson Ave. The subject site in this report shall be referred to as "Jefferson Plaza". Additionally, this document augments the City's Zoning Code in terms of establishing permitted uses and setting forth particular design guidelines and development standards that are unique to the applicant and anchor tenant. It should be noted that where this document is silent on any matter, the City's Zoning Code shall apply. On00er 1996 12790.001.2441.9999. W P D.00 1.20 SPECIFIC PLAN SUMMARY 1.20.1 Project Summary: The proposed Jefferson Plaza project is a 24.88 actual (20.32 useable) acre site located at the northwest corner of Highway 111 and Jefferson. This site is immediate to the City limits with the City of Indio. The property involved is that area between 111 and the Coachella Valley Water District Storm Drain Channel to the north. This project will provide approximately 217,000 sq. ft. of retail space with contingent parking and landscaping areas. 1.20.2 Project Objectives: This project has been developed to provide retail and commercial space that would be easily available to the majority of people in the eastern and middle Coachella Valley. The project should provide additional retail shopping facilities to the communities of Palm Desert, Bermuda Dunes, Indian Wells, La Quinta, Indio, Coachella and beyond. 1.20.3 Project Characteristics: Based on additional review a preliminary study of the Jefferson Plaza Project, the following conclusions are also drawn: 1. The site has an unencumbered direct access via Jefferson Ave., from Interstate 10 to Highway 111. 2. The project site is within the "High Power" development of the La Quinta/Highway 111 commercial corridor. 3. The subject parcel windows on both Highway 111 and Jefferson Ave., therefore drawing direct special advantages from both of these arteries. 4. Both the required zoning and general plan designation allow for this development on this site. 5. Review of the market of the area denotes great interest in the location (and re -location) of businesses to the "La Quinta Commercial Corridor". The site for the Jefferson Plaza places this project at an important crossroads of this "Commercial Corridor". 6. Circulation, Traffic Control and required Utility infrastructure are present at the site. 7. This project would place a commercial development of a viable size, which could be absorbed by the area market at the doorstep of the City of La Quinta, thus providing the opportunity for the City to additionally draw from the greater Indio Market Area with it's concentration of stable, year-round resident families. 1.20.4 Master Design Theme: The Jefferson Plaza has been designed in a contemporary desert architecture style using simplified colonnades with concrete tile roofs. Additional architectural elements such as textured finishes, formed cornices and accent reveals will be used to further enhance the buildings. The Garden Center will be surrounded by a fence composed of a low splitface CMU wall with split face columns supporting security mesh fencing fabric. The landscaped setbacks along Hwy 111 and Jefferson Street will contain meandering sidewalks with a variety of trees, shrubs and flowers. This, along with the parking lot landscaping should provide an inviting atmosphere for the center. October 1996 12 790.001.2"1 9999. W P D.00 SECTION 2.0 MASTER PLANS 2.10 PROJECT DESCRIPTION LAND USE (SEE SECTION 3.0) 2.20 DEVELOPMENT PHASING PLAN 2.20.1 PHASING PLAN DESCRIPTION 2.20.2 GRADING 2.20.2.1 UNDEVELOPED LAND 2.20.2.2 FLOOD PROTECTION 2.20.2.3 GEOTECHNICAL REPORT 2.20.2.4 GRADING PLAN 2.20.2.5 PAD ELEVATIONS 2.20.3 PHASING MAP 2.25. PROJECT OPERATIONS 2.25.1 TRASH RECYCLING 2.30 ARCHAEOLOGY 2.40 DRAINAGE PLAN 2.40.1 DRAINAGE PLAN DESCRIPTION 2.40.1.1 CHANNEL LINING 2.40.1.2 STORMWATER RETENTION 2.40.1.3 NUISANCE WATER 2.40.1.4 TRICKLING SAND FILTER AND LEACHFIELD 2.40.1.5 RETENTION BASIN 2.40.1.6 HISTORIC DOWNSTREAM DRAINAGE 2.40.2A DRAINAGE PLAN 2.50 WATER PLAN 2.50.1 WATER SERVICE DESCRIPTION 2.50.2A WATER PLAN October 19% 12790.001.2"1.9999. W PD.00 2.60 SEWER PLAN 2.60.1 SEWER SERVICE DESCRIPTION 2.60.2A SEWER PLAN 2.70 CIRCULATION PLAN 2.70.1 PROJECT AREA BACKGROUND 2.70.2 CIRCULATION DESCRIPTION 2.70.3 PUBLIC TRANS PORTATION/TDM 2.70.4 AIR QUALITY 2.70.5 STREET AND TRAFFIC IMPROVEMENTS 2.70.5.1 MINIMUM STREET IMPROVEMENTS 2.70.5.2 ACCESS POINTS 2.70.5.3 IMPROVEMENT APPURTENANCES 2.70.5.4 PAVEMENT SECTIONS 2.70.A CIRCULATION PLAN - OFF SITE 2.70.8 CIRCULATION PLAN - ON SITE 2.70.0 HWY 111 AND JEFFERSON STREET - LANE CONFIGURATION 2.80 SIGNAGE 2.80.1 LOCATIONS ON SITE 2.80.2 BUILDING SIGNAGE LOCATIONS - MAJOR TENANT 2.80.3 BUILDING SIGNAGE DETAILS - MAJOR TENANT 2.80.4 BUILDING SIGNAGE - MINOR TENANTS 2.80.5 MONUMENT SIGNS 2.90 LANDSCAPE CONCEPT 2.90.1 DEVELOPMENT STANDARDS 2.90.1.1 LANDSCAPE SHADING REQUIREMENTS FOR PARKING LOTS 2.90.1.2 LANDSCAPE MAINTENANCE 2.90.1.3 LANDSCAPE DEVELOPMENT STANDARDS 2.90.1.4 LANDSCAPE SCREENING 2.90.2A PLANT PALETTE AND LANDSCAPE PLAN October 1996 12790.00 1.2441.9999. WPO.00 2.0 MASTER PLANS 2.10 PROJECT DESCRIPTION Jefferson Plaza is designed to provide approximately 217,000 square feet of retail commercial space, when complete. This plan , however, deals primarily with Phase I. Phase II is still in the development stage and exact particulars (such as number & SF of buildings) are unknown at this time. The Phase 1 area consists of : The Home Depot at 105,700 square feet with a 24,102 square foot Outdoor Garden Center as the major anchor. The Phase 11 area will have various future retail tenants ranging in size from 2,600 square feet to 41,000 square feet. The buildings will be built in phases as outlined below. The center shall include parking for approximately 1,146 cars including compact and handicap spaces. Jefferson Plaza will be developed in two phases, providing flexibility in the construction based on the demand created by the tenant/users. Each phase could be built out alone or in conjunction with any other or all other phases. The completed center will provide a unified concept although each phase will be designed to stand on its own merit as the project is developed. Each phase to be developed a as follows: Phase 1 - +/_ 129,800 SF Phase 2 - +/- 87,000 SF (only an approximation) 2.20 DEVELOPMENT PHASING PLAN 2.20.1 Description The Jefferson Plaza center is designed to be developed in a series of two phases. These phases are described as follows: Phase 1 Phase one of Jefferson Plaza is designed to be the focal point of the center. This phase would include two entrances off the Highway 111 into the main parking field and two entrances off of Jefferson street. The Home Depot building would serve as the major anchor tenant built in the contemporary desert architectural style with a large entry element and a colonnade extending to the west across the front of the building. On the Eastern side there will be an open air garden center surrounded by a fence composed of a low splitface CMU wall with split face columns supporting security mesh fencing fabric. Perimeter and parking lot landscaping will also be part of Phase I. October 1996 12790.001 2441.9999. W PO.00 Phase 2 Phase two of the project could be designed to include a major retail store with secondary stores on either side and possibly pad buildings in the main parking field. The facades of the Phase two building will be stepped or architecturally treated to visually individualize the tenant buildings. Also included would be a secondary access to 111, additional parking and landscaped parkway at the south (Highway 111) property line, and a continuation of a service access drive at the rear of the building(s). This service access will provide employee parking areas and truck service at rear of the property, linking Jefferson and 111 at the rear. 2.20.2 Grading 2.20.2.1 Undeveloped Land 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. 2.20.2.2 Flood Protection The applicant shall comply with the City's Flood Protection Ordinance. 2.20.2.3 Geotechnical Report The applicant shall conduct a thorough preliminary geological and soils engineering investigation and shall submit the report of the investigation ("the soils report") with the grading plan. 2.20.2.4 Grading Plan A grading plan, which may be combined with the on -site paving and drainage plan, shall be prepared by a registered civil engineer and must meet the approval of the Public Works Director 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. 2.20.2.5 Pad Elevations Prior to construction of any building, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that fists actual building pad elevations. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. October 19% 12790.001.2441.9999. W P 0.00 c d �t7 . .. W oso M M t Sau S O fF `Ii�i� <M1I O • t a, � 3 I I 31 rl B— = occ ILU. w Us Ck J sn O _ �! S V J Z 4 J Z 2.25 PROJECT OPERATIONS 2.25.1 Trash Recycling Plan for adequate trash recycling provisions for each phase as constructed shall be approved by the Community Development Department prior to Certificate of Occupancy. Plan to be reviewed for acceptability by applicable trash company prior to City review. 2.30 ARCHAEOLOGY A cultural resources survey was undertaken by The Keith Companies Cultural Resources Division to identify and assess cultural resources on the subject site. For complete study see report dated April, 1996. 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. 2.40 DRAINAGE PLAN 2.40.1 Drainage Plan Description Background: Project site is situated on the north side of Highway 111 and west of Jefferson Ave. The natural slope of the land is to the north and south with the highest portions of the site towards the center. The drainage concept for the site is to drain storm water runoff away from the buildings and sheet flow towards the southeast. The points of flow concentration will be picked up in an underground storm drain system that will run northerly to the Whitewater Channel Storm Drain where all of the on -site flows are proposed to outlet. 2.40.1.1 Channel Lining The applicant shall provide channel lining along the south bank of the Whitewater Storm Channel adjacent to the project site. The Channel lining shall be designed and constructed in accordance with the requirements of the Coachella Valley Water District and the Director of Public Works. 2.40.1.2 Stormwater Retention Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless drainage to the Whitewater October 1996 12790.001.2441.9999. W PO.00 J 2.40.2A z a a LL c a a a C 2.50 WATER PLAN 2.50.1 Water Service Description Preliminary analysis of the site and conference with Coachella Valley Water District (CVWD) officials has provided the following preliminary conclusions concerning future water service for the project. The existing water service in the area would be inadequate for the development of Jefferson Square as the map showing existing lines indicates. The Coachella Valley Water District has indicated that there would need to be a new 18 inch diameter water supply line/loop through the project within an easement dedicated to CVWD. The 18" water line will join an existing water line in Jefferson Street and continue west through the site to Dune Palms Street. 2.50.2A Water Plan (see accompanying exhibit) October 1996 12790.001.2441 9999. W P D.00 2.50 WATER PLAN 2.50.1 Water Service Description Preliminary analysis of the site and conference with Coachella Valley Water District (CVWD) officials has provided the following preliminary conclusions concerning future water service for the project. The existing water service in the area would be inadequate for the development of Jefferson Square as the map showing existing lines indicates. The Coachella Valley Water District has indicated that there would need to be a new 18 inch diameter water supply line/loop through the project within an easement dedicated to CVWD. The 18" water line will join an existing water line in Jefferson Square and continue west through the site to Dune Palms Street. However, if for Phase I it can be shown that the fire flow requirements are met by extending a water line to the limits of the Phase I boundary only, CVWD has agreed to delay the waterline extension to Dune Palms until the development of Phase 11. This line and any additional water lines would be fully designed and developed as the needs of the center progresses and in conjunction with Coachella Valley Water District's requirements and recommendations. 2.50.2A Water Plan (see accompanying exhibit) October 1936 12790.001.2"1.99 99. W PO.00 (A • g I , C 2.50.2A 2.60 SEWER PLAN 2.60.1 Sewer Service Description Preliminary analysis of the existing and proposed site and conferences with Coachella Valley Water District (CVWD) has provided the following conclusions. The site will be served with a sewer main that will tie into the existing sewer lift pump station (CVWD LS-55-12) at the northeast corner of the site. The existing pump station is located within the property limits but also within the Whitewater Channel Storm Drain easement. The proposed sewer main will run within a CVWD easement westerly through the northerly portion of the site to service the Home Depot parcel as well as the future parcel to the west. The sewer main from the existing pump station to the site boundary is expected to be a 15" VCP mainline. The on -site public sewer system that will service the commercial parcels will be an 8" VCP mainline. 2.60.2A Sewer Plan (see accompanying exhibit) October 1996 12790 001.2441.9999.WPD.00 N 2.60.2A gI W a# Z— 4 si I 2.70 CIRCULATION 2.70.1 Project Area Background This project site is located at the northwest corner of the Highway 111 and Jefferson Ave. intersection. This intersection is an important link, via Jefferson, from interstate 10 to the west Indio and La Quinta areas. There is an ongoing review and study of the area by Caltrans and the communities affected, concerning the widening of 111 form 4 lanes to 6 lanes and the ultimate improvement of Jefferson to 6 lanes. In conjunction with this review by Caltrans for the upgraded circulation facilities along the 111 commercial corridor additional developments which are now either under construction or in review process, have studied their respective traffic impacts. The ongoing Caltrans review and study conclusions are being developed with the long range corridor commercial impact of traffic generated on 111. Theses studies of traffic generated by this corridor, precluding the development of Jefferson Plaza have indicated that improvements are necessary. 2.70.2 Circulation Description In accordance with Cal Trans design and policy; the Jefferson Plaza is proposing; as a part of the development of the center, the allowance for the increase in right of way for 111 north Jefferson Street and Highway 111 in the following format: Half street right of way for Jefferson is 62' with on site parking and a 20' landscaped setback for parking areas and buildings. Half street right of way for Highway 111 is 86' with on site parking and a 17' landscape setback for parking areas and buildings. Traffic access to the site would be segregated. Major customer traffic access would be via two primary access points located at approximately 1325' to the west of the intersection at 111/Jefferson on Highway 111 and 764' to north of the 111/Jefferson intersection on Jefferson. Three additional driveways with right turn in and right turn out movements would be on Highway 111. Two additional driveways with right turn in and right turn out movements would be on Jefferson Street. For all driveways leading from streets, the adjacent perpendicular drive aisle closest to the street shall be provided with stop signs. Additionally, traffic aisles leading to the street shall also be provided with stop signs to insure inbound traffic a continuous, uninterrupted flow into the parking lot. Complete circulation studies and designs shall be developed as required by the progress of the center and needs of the area and in coordination with the City of La Quinta and Cal Trans Development of the 111 corridor. 2.70.3 Public Transportation/TDM Bus waiting shelters shall be provided when the street improvements are installed, as approved by Sunline Transit and the Public Works Director. October 199S 12790.001.2441.9999. W PD.00 Prior to issuance of a building permit, the applicant shall submit a Transportation Demand Management Plan (TDM Plan) to the Public Works and Community Development Departments. The Plan shall address capital improvement and operational standards as established in the City's TDM Ordinance. Any transit related improvements required by the Sunline Transit Agency as a condition to development will not constitute compliance with the plan submittal requirements. 2.70.4 Air Quality For the drive through restaurant shown in Phase 2, adequate information shall be submitted to the Community Development Director to show that air quality impacts will not increase when compared to non -drive through uses. 2.70.5 Street Traffic Improvements 2.70.5.1 Minimum Street Improvements The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses, A. Jefferson Street - Major Arterial: 1) Street Improvements - Forty-one feet of southbound travel improvements (accommodating three 12-foot travel lanes, a 5-foot bike lane) plus sidewalk. At the south end, improvements shall transition into 75 feet of southbound travel improvements to accommodate two dedicated 11-foot-wide left-tum lanes and one dedicated 12-foot-wide right -turn lane. 2) Traffic Signal at entrance opposite Vista Grande - Secure 100% of the estimated cost of the improvement. The applicant is responsible for the cost of the signal at the time warrants are met for its installation and may be required to construct the signal prior to or concurrently with construction of Phase 2 of the development. The signal shall be interconnected and coordinated with the signal on Jefferson Street at Highway 111. During construction of Phase 1 improvements, the applicant shall install underground conduit (Schedule 80 PVC with end caps), as approved by the Director of Public Works, for future traffic signal wiring. The applicant shall provide the City with an accurate drawing of the conduit (as constructed) complete with reference ties to permanent monuments or surface improvement features. 3) Traffic Signal at S.R. 111 - Construct modifications required due to street improvements required of this development and bear the full cost October 1996 12790.001.2441.9999. W PD.00 thereof. Improvements shall include left turn signals for southbound and northbound traffic. 4) Reconstruct the north median island on Jefferson Street adjacent to the site to provide a 125-foot long left turn pocket for north -to -west traffic, and a 50-foot long left turn pocket for south -to -east traffic. B. State Route 111 - Major Arterial: 1) Street Improvements - Construct ultimate improvement on north half of street as required by Caltrans. Median island construction is a participatory improvement which may be constructed by others. 2) Traffic Signal at West Entry Drive - Install signal prior to opening any retail outlet in the Specific Plan area that generates sufficient traffic to warrant installation. Applicant shall bear 100% of the initial cost of the signal, but may seek up to 75% reimbursement from nearby benefitting property owners subject to the City's reimbursement policy. Prior to final inspection and occupancy of any permanent building within the development, the applicant shall provide to the City an executed (by grantor) reciprocal access and easement agreement allowing access to the owner of the abutting property to the west over the most westerly (signalized) driveway and over the applicant's property to the abutting property to the west. The location and language of the easement shall meet the approval of the City Engineer and the City Attorney. The easement provisions may include a requirement for the abutting property owner to reimburse the applicant a pro-rata share of the commercially reasonable costs of construction and maintenance of the shared access drive (including the signal) and the easement route. Such provisions shall provide for arbitration of disputes regarding the provisions of the agreement. C. Site Access Improvements: For Phase I construction as depicted in the revised Phase 1 Site Plan received by the City on August 5, 1996, the applicant shall: 1) Construct the signalized intersection on S.R. 111 at the most westerly access drive in Phase 2 and install connecting drives to Phase 1 as approved by the Public Works Director, and 2) Construct the full width of the most westerly right-in/right-out drive on S.R. 111 and the full 26'-width of the north/south parking aisle at that drive. Bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised October 1996 12790.D01.24 41.9999. W PD.00 medians or other mitigation measures as determined by the Public Works Director. The Public Works Director may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 2.70.5.2 Access Points Access points and turning movements of traffic shall be restricted as follows: A. State Route 111 - Two 30'-wide right-in/right-out drives centered approximately 435' and 765' west of the centerline of Jefferson Street, or as approved by the City Engineer. One 40'-wide full -access drive at the signalized intersection centered apposite the north/south property line on the south side of Hwy. 111 approximately 1,325' west of the centerline of Jefferson Street. S. Jefferson Street - One 30' right-in/right-out drive centered approximately 475' north of the centerline of S.R. 111, or as approved by the City Engineer. One 40' full -access drive matching up with Vista Grande. 2.70.5.3 Improvement Appurtenances Improvements shall include all appurtenances such as traffic signs, channelization markings and street name signs. 2.70.5.4 Pavement Sections Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5/6.00" Major Arterial 5.5"/6.50" The applicant shall submit mix designs for road base, Portland cement concrete and asphalt concrete, including complete mix designlab results, for review and approval by the City. Construction operations shall not be scheduled until mix designs are approved. October 1996 12790.001.2 4 41.9999. W P D.00 NOsa3JJ3r III 1 V C, T J W ac m Ja <s t� W C I I I I I I I 1 a / A 3 I v 'l1vL3v 04. 1 M 11 - IUF-I I ICI 111UI t ara`*ii�tt —1! --- 2..7o.A �u _ 133VIS Nosa3AA3r \� f���ITfTTT1Ti1 - t . 6 t : 3 Awl" 0 coal J W It S V �0• ito o W 0 1 W 1 `1 t = o 3 � W O�J t ®� { t rp cw t O 1 " t O W 04 � da N CL o ; I 0 ae 1 w LL dd 3 I L L U ~ IR Il\ I 1 V" a 0"". r 1I V13V .vn 2.70.B n\' I < i 0 I 1 1 1 1 1 I i 2.80 SIGNAGE (see accompanying exhibits) Comprehensive sign program for Phase 2 (business identification, directional, and monument signs, etc.) Shall be approved by the Planing Commission prior to issuance of any building permit for Phase 2. 2.80.1 Locations on Site (see accompanying exhibit) 2.80.2 Building Signage Locations - Major Tenants (see accompanying exhibit) 2.80.3 Building Signage Details - Major Tenants (see accompanying exhibit) 2.80.4 Building Signage - Minor Tenants Purpose: To identify tenant Quantity: One per lease area frontage. Size: 1 square foot per lineal foot of lease frontage. Size should be in proportion to the facade of the building on which it is mounted. Design: Letter style and color to be determined by tenant, and approved by the City of La Quinta. 2.80.5 Monument Signs (see accompanying exhibit) October 1996 12790.001.2"1.9999. W PD.00 133a13 NOSN3dd3f rr�mTI I TTmmIrrT 1 i � A 0 t11� {` .111111111111- �- I 9 � CC � J c 0 ° Id o w a� 4 O o _- Uh too uw ,A { { 8d O If { `l { �a { Op W : ` l N V ` I{ a_ z o w I �l ® s I" LU r LL U— LLI eR l I_ �1 1 'I E v ac. T eow„ r 'il r138 2.8'0.1 Nq _ 4 4 �- 1 �� ♦it>A n i i it it r\ , A I I z 0 F-' V O z z Z5 �i z 0 H U 0 z z W D cO al a 0 z I ! OE.. W � V illu W® Yd O d J O W oc d � I I YIC a �o U. 2 c r c u 2 v C. a H 2 2 lu F c i 2.80.2 to 0 Mesa • a a a 0 ui Q 2 Z c8 Z O co It 2.80.3 (Page 3 of 3) A MONUMENT SIGN 'A' TOTAL. SIGN FACE AREA 149 S.F. 9161 . J9WtRS0N. PLAZA. 0 0 TENANT I TENANT TENANT I' TENANT MONUMENT SIGN ' B' TOTAL SIGN FACE AREA 149 S.F. MONUMENT S I GN Ida 510, 6101 MONUMENT SIGN ' C' TOTAL SIGN FACE AREA 1 25 S.F SCALE.- 1 /4" a 1' -0" 2.80.5 2.90 LANDSCAPE CONCEPT The landscape areas of the Jefferson Plaza are to be developed utilizing lush and efficient design principles with a goal of creating an oasis of tropical character. Plant material selection criteria shall include appearance, low maintenance requirements, climatic suitability, and tolerance to local conditions. Primary goals of the landscape concept are use of palms trees for accenting project features, canopy trees in parking areas for shade, and limited use of turf. Within the "Tropical" concept the plant materials should lend themselves to the desert climate. California Pepper and Mesquite trees shall be utilized along the project frontage with Highway 111 in conformance to the currently adopted street scape theme for Highway 111. 2.90.1 Development Standards Landscaping for the Jefferson Plaza shall follow recommendations laid forth by the city of La Quinta and the Coachella Valley Water District "General Landscaping Guidelines and Irrigation System Design Criteria". In addition, the following specifications shall be implemented within the project. 2.90.1.1 Landscape Shading Requirements for Parking Lots The shade materials (trees) utilized in the parking areas shall be of the variety that will provide shade coverage over fifty percent of the parking area within 15 to 20 years from installation. 2.90.1.2 Landscape Maintenance Prior to issuance of building permits for Phase 2, responsibility for the maintenance of the common landscape areas within the development shall be stipulated in CC & R's, or other enforceable mechanism satisfactory to the City of La Quinta. Landscape materials shall be maintained as planted in perpetuity. Any dead or missing trees shall be replaced in 30 days. 2.90.1.3 Landscape Development Standards Landscape improvement shall be provided in the perimeter setback areas along Jefferson Street and S.R. 1 f1. The following specific standards shall be utilized within the landscaped areas of the project site: Slopes: Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. October 1996 12790.001.2441.9999. W PO.00 Diamond Planters: Finger Islands: Five feet square Five feet wide Tree Size: All 36" box trees shall be a minimum or 4" in diameter as measured 12" from grade. The 36" box trees along the north property line shall be 25' on center. All 24" box trees shall be a minimum of 2-1/2" to 3" in diameter as measured 6" from grade. Irrigation: Landscape areas shall have permanent irrigation improvements meeting the requirements of the Public Works Director. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. Coordination: The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. Line of Sight: The northeast comer landscaping shall not exceed 30" in height within the line of sight. 2.90.1.4 Landscape Screening The drive through restaurant shown in Phase 2 shall be provided with screening by a combination of berms, walls, and landscaping so that the cars using the drive through facilities will not be visible by pedestrians and cars on the perimeter sidewalk and street as approved by the site development permit. Screening of parking lot surface shall be provided from all adjacent streets through use of berming, landscaping and/or short decorative walls, except the driveway view corridors. 2.90.2A Plant Palette and Landscape Plan (see accompanying exhibit) As depicted on exhibit 2.90.2A, the following materials may be utilized in the final landscape plan proposed for the project site. October 1996 12790.001.2441.995O. W PD.00 '' Fed +O'; r� •._._ ....:���.�`�. R ` � �;,�'�w, �� q 10y\ir•q�i..7 _lea♦ ram'-°r�i 1 � � . � .-_ !. ` • A HIP 4:1 ,�', :. _ mil,' •, r. '�� - �•, _ - t`: � 1 I kV - LAP ''1 I • ^� ��nr+mot .,I►. AP • r„r _ _ •� ..i - _ - lit � • .a • �wrtr SECTION 3.0 SPECIFIC PLAN 3.10 LAND USE The site is at present vacant, it consists of a gentle sloping terrain with the C.V.W.D.. Storm drain channel at the north edge of the property. The site is covered with desert scrub bush and grasses. Including a few clumps of creosite bush. The adjoining properties have been studied in conjunction with projected development and have not called attention to any adverse or extraordinary circumstances surrounding the area beyond the variances outlined herein. This project will be developed in accordance with ordinances and/or circumstances stipulated by the City of La Quinta. 3.20 ZONING The subject property has a C.R. (Regional Commercial) designation in place and is within the general plan use designation as Mixed Regional Commercial. The specific uses and requirements of the C.R. zone relevant to this project is outlined in Section 3.2.4. 3.20.1 Outdoor Sales In addition to those land uses permitted in the C.R. zoning district, the outdoor display and sale of merchandise shall be permitted pursuant to the following guidelines: (1) Merchandise shall not impede efficient and safe vehicular and pedestrian circulation; (2) The merchandise shall be removed and the premises shall be cleared of all debris and restored to its original condition upon completion of the display and sales event. 3.20.2 Zoning Standards Jefferson Plaza will be developed following the framework of the general zoning requirements of the C.R. zone of said City. 3.20.3 Deviations from Zoning•Code The following development standards are proposed as deviations from the City of La Quinta Zoning Ordinance. A brief justification for the request is included. 3.20.3.1 Parking Stall Size The City of La Quinta Zoning Code requires a 9 foot by 20 foot parking stall situated on a 26 foot aisle with a 90 degree parking angle. The applicant is proposing 9 foot by 19 foot parking stalls on 26 foot aisles with a 90 degree parking angle. In areas of overhanging conditions, a 9 foot by 17 foot stall is recommended. The deviation of one foot in the length of the parking stall will result in the more efficient use of the property while maintaining an efficient and safe circulation system. This design feature is based on the experience of the applicant through the construction and ongoing operation of over 400 stores. 3.20.3.2 Number of Parking Stalls Provided The number of parking spaces proposed for both the Home Depot and other retail uses is 1,146, exceeding the 770 spaces required by the City by 49 percent. With some 400 Home Depot facilities in operation, Home Depot is acutely aware of the particular and unique market conditions associated with their facilities. Based on this practical experience, the parking provided is necessary to serve the needs of the public and will remove the potential for any negative traffic and parking impacts to surrounding properties or public streets due to overflow parking conditions. 3.20.3.3 Percentage of Landscape Area Provided The increase in the number of parking spaces provided, as discussed above, has a direct impact to the amount of landscape area that can be provided on the project site. The design and materials proposed will ensure the desired effect of softening the visual impact of the development while establishing a high quality and visually pleasing environment. The parking field meets the City's requirement of 5 percent minimum landscape coverage. See exhibit 2.90.2.A "Landscape Plan" for tabulation of area. Additionally, the overall site including the public parkway provides 12.6 percent of landscaped coverage. 3.20.4 Permitted Uses Regional Commercial: • Retail stores under 10,000 sq./ft. floor area per business • Retail stores', 10,000-50,000 sq./ft. floor area • Retail stores', over 50,000 sq./ft. floor area • Food, liquor, and convenience stores under 10,000 sq./ft. floor area, open less than 18 hours/day2 • Food, liquor, and convenience stores under 10,000 sq./ft. floor area, open 18 or more hours/day2 • Plant nurseries and garden supply stores, with no propagation of plants on the premises, subject to §9.100.120 (Outdoor Storage and Display). October 1996 12790.001.2441 9999. W P 0.00 • Banks • General and professional offices ' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials 2 With no consumption of alcohol on the premises. • Medical offices — physicians, dentists, optometrists, chiropractors, and similar practitioners • Restaurants, other than drive-thru • Restaurants, drive-thru • Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar • Health clubs, martial arts studios, and dance studios, 5000 sq./ft. floor area or less • Health clubs, martial arts studios, and dance studios, over 5000 sq./ft. floor area • Automobile service stations, with or without minimart • Car washes • Auto parts stores, with no repair or parts installation on the premises 3.30 SPECIFIC DESIGN FEATURES 3.30.1 Screen Wall An eight foot wall, shall be constructed along the north property line, as depicted on the site plan. The purpose of the wall in conjunction with the landscape treatments to be provided adjacent to the wall is to visually screen the development from the existing development to the north of the project site. The screen wall shall be one sided split face block with a two inch cap. 3.30.2 Screening of Rooftop Equipment Consistent with the Zoning Code, all rooftop and wall mounted mechanical equipment including satellite dish shall be screened from view by means of a parapet wall. Line of site drawings showing how all equipment will be screened shall be submitted for review prior to issuance of a building permit. 3.30.3 Utility Enclosures Any utility enclosures including pallet enclosures, propane/generator enclosures shall consist of masonry materials sufficient in height to screen all storage with solid painted gates provided, subject to approval of the Community Development Department prior to issuance of a building permit. October 1996 12 790. 001. 2441 9999. W P O. 00 3.30.4 Cart Storage A central designated area and a minimum of two cart corrals shall be provided for the collection and storage of carts, hand trucks and other devices used to carry building materials by shoppers. Additionally, Regular retrieval of used carts shall be provided by the retailer to minimize clutter and circulation problems. The two cart storage areas and central location shall be approved by the Community Development Director, prior to issuance of a building permit. Designated area shall be permanent and provided with screen walls and landscaping and proper signs. 3.30.5 Exterior Lighting Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans shall be approved by the Community Development Department 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 north and east to the satisfaction of the Community Development Department. Parking lot and nursery light standards shall be a maximum 25-feet in height and shall be shielded. 3.40 PROPERTY RIGHTS All required easements, rights -of -way and other property rights shall be granted prior to issuance of a grading, improvement or building permit for this development. 3.40.1 Right -of -Way Utility Easements The applicant shall grant public and private street right-of-way utility easements in conformance with the City's General Plan, Municipal Code, applicable speck plans, and as required by the Public Works Director. Property rights required of this development include: A. State Route 111 - 86' half of a 172' right-of-way B. Jefferson Street - 62' half right-of-way transitioning to 81' half right-of-way on the southerly portion as required for dual left turn lanes and dedicated right turn lane. The applicant may reduce the above right-of-way widths by two feet by reconstructing the west side of the existing Jefferson Street median two feet easterly of the existing location. Right-of-way grants shall include additional widths as necessary to accommodate additional -width improvements shown on the approved improvement plans. October 1996 12790.001.2441.9999. W PD.00 3.40.2 Utility Easements The applicant shall grant any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 3.40.3 City Entry Sign An easement shall be granted to the City at the northwest intersection of Highway 111 and Jefferson Street. Said easement shall be for the purpose of installing the City "Entry Sign." Specific location and size of easement shall be approved by the City and recorded prior to final occupancy of the Home Depot. 3.50 UTILITIES 3.50.1 Existing Utilities All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirements. 3.50.2 Underground Utilities In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the Public Works Director. October 1996 12790.001.2 441 9999. W P D.00 APPENDIX October 1996 12790.001.2441.9999. W PD.00 RESOLUTION 96-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-325 PREPARED FOR SPECIFIC PLAN 96-027 AND CONDITIONAL USE PERMIT 96-028 ENVIRONMENTAL ASSESSMENT 96-325 HOME DEPOT, USA, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of September, 1996, hold a duly noticed Public Hearing to consider Environmental Assessment 96-325, prepared for Specific Plan 96-027 and Conditional Use Permit 96-028; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of July and the 13th day of August, 1996, hold duly noticed Public Hearings to consider Environmental Assessment 96-325, prepared for Specific Plan 96-027 and Conditional Use Permit 96-028; and, WHEREAS, at said public hearing held on the 13th of August, 1996, the Planning Commission did recommend certification of Environmental Assessment 96- 325; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 96-325); and WHEREAS, the Community Development Director has determined that by • ' incorporating conditions as specified in the mitigation monitoring plan, the said Specific Plan will not have any significant adverse effects, or that any such effects have beer mitigated to the extent feasible, under development policies adopted for the La Quint-, General Plan and in accordance with the General Plan EIR as certified, to a level o insignificance on the environment, and that a Mitigated Negative Declaration o Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments if any, of all interested persons desiring to be heard, said City Council did find th following facts, findings, and reasons to justify certification of said Environment, Assessment: 1. The proposed Specific Plan and Conditional Use Permit will not be detriment) to the health, safety, or general welfare of the community, either directly c ear=325.cc Resolution No. 96-71 Page 2 indirectly, in that no significant impacts have been identified which cannot be mitigated to the extent feasible, recognizing the overriding considerations made to allow implementation and development pursuant to the La Quinta General Plan in accordance with its adopted objectives and policies. 2. The proposed Specific Plan and Conditional Use Permit does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory, due to the lack of any such factors existing on the shopping center site. 3. The proposed Specific Plan and Conditional Use Permit does not have the potential to achieve short-term environmental goals, to the disadvantage of Gong -term environmental goals, in that development of the project will provide more efficient and safe area circulation patterns and achieve land use development as set forth in the General Plan, without significantly impacting public service and utility provisions or substantially degrading the physical environment, provided that mitigation measures are imposed on the project. 4. The proposed Specific Plan and Conditional Use Permit will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as the General Plan EIR considered these impacts, adopted mitigating measures. and identified impacts which could not be fully mitigated through a Statement of Overriding Considerations. 5. The proposed Specific Plan and Conditional Use Permit will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the proposed development is consistent with the designated land use and policy guidance adopted for the La Quinta General Plan, for which -mitigation measures were adopted to assure that future development in accordance with said Plan would not have detrimental effects on the environment beyond those identified in the Statement of Overriding Considerations adopted for the La Quinta General Plan. NOW, THEREFORE, BE iT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. eareso325.cc Resolution No. 96-71 Page 3 2. That it does hereby certify Environmental Assessment 96-325 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, staff report and as stated at the Public Hearing, and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of September, 1996, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None L GLENDA L. HOLT, Mayor City of La Quinta, California A ST: AUNDRA L4JAOLA, lerk City of La Quinta, California APPROVED AS TO FORM: '& .4 ZML -_ ('� INZAA J-19-1 - I -PAO 1� DAWN C. HONEYWELL, City Attorney City of La,Quinta, California RESOLUTION 96-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN TO ALLOW 218,300 SQUARE FOOT RETAIL CENTER AT THE NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET CASE NO. SPECIFIC PLAN 96-027 HOME DEPOT, USA, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of September, 1996, hold a duly noticed Public Hearing to consider the request of Home Depot, USA, Inc. for a 218,300 square foot retail center in the C-P-S Zone on a 20 t acre site, more particularly described as: APN: 649-020-022 and 649-020-023 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of July, 1996, and the 13th day of August, 1996, hold duly noticed Public Hearings to consider the request of Home Depot, USA, Inc, for a 218,300 square foot retail center in the C-P-S (CR) Zone on a 20 t acre site; and, WHEREAS, said Specific Plan request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970 as amended by Resolution 83-68, in that a Mitigated Negative Declaration has been recommended for certification; .and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of said Specific Plan: The General Plan Land Use Element designates this site as Mixed Regional Commercial with a non-residential overlay. Land Use Element Policy 2-3.1 provides for primary uses being major retail businesses with ancillary uses including other commercial uses. Both Highway 111 and Jefferson Street are primary image corridors as identified in the Circulation Element of the General Plan. Each will have street improvements, raised, landscaped medians and heavily landscaped areas within and contiguous tc the street rights of way consistent with design guidelines of Policy 3-4.1.2. The resecc. 162 Resolution 96-72 Page 2 intersection of these two streets is also identified in the General Plan as a primary gateway leading into the City, Policy 3-4.1.8. As conditioned an easement will be granted to the City to install the City "Entry Sign" in compliance with this policy. Under Policy 3-4.1.11, well designed landscape setbacks are encouraged to ensure a high quality and attractive streetscape. The combined -right-of-way and on -site Highway 111 landscape setback is 34 feet, where 50 feet is generally recommended. Varied landscape setbacks are being allowed because of Home Depot's need for more parking spaces than required by the Zoning Code parking standards. As a Major Arterial, Jefferson Street has a generally recommended landscape setback of 20 feet. Both landscape setbacks meet the intent of this policy. Policy 3.3.1.3 specifies that driveways along both Highway 111 and Jefferson Street shall be located a minimum of 250 feet from the ends of the curb returns. As conditioned this policy shall be met. Lastly, Policy 3-2.1.6 references Table CIR-2, La Quinta Roadway Design Standards, that specifies the minimum intersection spacing allowed is 2,600 feet. Because of the need to better accommodate commercial uses in addition to maximizing the number of users benefitting from a full turn signal on Highway 111, staff with approval from Caltrans has reduced the distance to 1,300 feet. In accordance with the Air Quality Element of the General Plan, the applicant submitted an air quality analysis (Policy 9-2.1.1). The study addressed the circulation layout to ensure its minimization of on -site traffic conflicts and reduction of air quality impacts, The proposed project uses will not create any conditions which are materially detrimental to the public health, safety, and general welfare of the City's citizens. The project design along with the recommended conditions will assure this by requiring shielded lighting, additional landscaping, buffering, architectural treatment, traffic and street improvements. The Mitigated Negative Declaration of Environmental Impact recommended for certification indicates that no detrimental impacts will occur. The subject property as well as property to the south, west and partially to the east are zoned for commercial uses. To the north is the Whitewater Storm Channel which provides a buffer from the residentially -zoned properties beyond the Channel. resocc. 162 Resolution 96-72 Page 3 Therefore, development of the subject property, as conditioned will be compatible with surrounding properties. rW0--M-&UARMMt. The property is suitable for commercial development in that as conditioned the existing infrastructure facilities can be incorporated into this project and public services will be adequately addressed. The proposed architectural design recognizes the functional design requirements imposed by this large scale building. Though it is a contemporary tilt -up concrete structure, design elements in keeping with the desert environment and Mediterranean period are proposed such as, muted earth tone colors, arched entry, tiled arcade and columns. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Specific Plan 96-027, subject to the attached conditions, labeled Exhibit 'A'. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17th day of September, 1996, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None resocc.162 Resolution 96-72 Page d GLENDA L. HOLT, Mayor City of La Quinta, California AT ST: AUNDRA JUHOL , City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California resocc.162 RESOLUTION 96-72 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 1. The development shall comply with Exhibit 1, the Specific Plan for Specific Plan 96-027 (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 "Dark Sky" Lighting Ordinance. Plans shall be approved by the Community Development Department 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 north and east to the satisfaction of the Community Development Department. Parking lot and nursery light standards shall be a maximum 25-feet in height and shall be shielded. 3. Plan for adequate trash recycling provisions for each phase as constructed shall be. approved by the Community Development Department prior to Certificate of Occupancy. Plan to be reviewed for acceptability by applicable trash company prior to City review. 4. Comprehensive sign program for Phase 2 (business identification, directional, and monument signs, etc.) shall be approved by the Planning Commission prior to issuance of any building permit for Phase 2. 5. 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 aarth disturbance operations. 6. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 7. Prior to the issuance of a grading, improvement or building permit, the applicant shall obtain permits and/or clearances from the following public agencies; 001L4 WV-r.J13 RESOLUTION 9G-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN' 96-027 SEPTEMBER 17, 1996 • 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 • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans.. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of an approved Storm Water Pollution Protection Plan. 8. 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. 9. Handicap access, facilities and parking shall be provided per State and local requirements. ..10. Bus waiting shelters shall be provided when the street improvements are installed, as approved by Sunline Transit and the Public Works Director. 11. 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 6.16 of the La Quinta Municipal Code. The plan shall define all areas proposed for development and shall indicate time lines for any phasing of the project, and shall establish standards for comprehensive control of both anthrpnogenic 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 such as for disturbed lands pending future development. RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMSFrl 17, 1996 12. Coin :traction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 13. 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. 14. 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 SP 96-027 and EA 96-325 which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to he Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of EA 96-325 and SP 96-027 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with all remaining Conditions of Approval and mitigation measures of EA 96-325 and SP 96-325. The Community Development Director may require inspection or other monitoring to' assure such compliance. 15. Al! Conditions of Approval shall be incorporated into the Specific Plan text in the appropriate section. Text shall be revised prior to issuance of a grading or building permit, whichever occurs first. 16. The service station shall be deleted in Phase 1. 17. All requirements of Coachella Valley Water District shall be met. 18. For all driveways leading from streets, the adjacent perpendicular drive aisle closest to the street shall be provided with stop signs. Additionally, traffic aisles leading to the street shall also be provided with stop signs to insure inbound traffic a continuous, uninterrupted flow into the parking lot. 19. Any utility enclosures including pallet enclosures, propane/generator enclosures shall consist of masonry materials sufficient in height to screen all storage with solid painted gates provided, subject to approval of the Community tVfY.AIWViii RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 Development Department prior to issuance of a building permit. 20. Prior to issuanco of a building permit the site plan shall show that the eight foot block wall provided at the north property line, shall be one sided split face block with a two inch cap. This wall may be phased as shown on the submitted plans. 21. The two cart storage areas (Section 3.3.4 of the Specific Plan) design and central locations shall be approved by the Community Development Director, prior to issuance of a building permit. Designated area shall be permanent and provided with screen walls and landscaping and proper signs. 22. Drive through restaurant shown in Phase 2 shall be provided with screening by a combination of berms, walls, and landscaping so that the cars using the drive through facilities will not be visible by pedestrians and cars on the perimeter sidewalk and street as approved by the site development permit.. Adequate information shall be submitted to show that air quality impacts will not increase when compared to non -drive -through uses. 23. 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. 24. All required easements, rights -of -way and other property rights shall be granted prior to issuance of a grading, improvement or building permit for this development. 25. The applicant shall grant public and private street right-of-way utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the Public Works Director. Property rights required of this development include: A. State Route 111 - 86' half of a 172' right-of-way c "001if.013 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 B. Jefferson Street - 62' half right-of-way transitioning to 8 1 ' half right-of- way on the southerly portion as required for dual left turn lanes and dedicated right turn lane. The applicant may reduce the above right-of- way widths by two feet by reconstructing the west side of the -existing Jefferson Street median two feet easterly of the existing location. Right-of-way grants shall include additional widths as necessary to accommodate additional -width improvements shown on the approved improvement plans. 26. The applicant shall grant any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common � areas. Iiu 1=191yu kyjus ► a da wa► 27. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media. On -site plans shall be submitted in the categories of "Grading, Paving and Drainage" and "Precise Grading and Plot Plan." Off -site improvements shall be submitted in the categories of "Grading," "Streets & Drainage," and "Landscaping." The "Precise Grading and Plot Plan" shall have signature blocks for the Community Development Director and the Building Official. All other plans shall have signature blocks for the Public Works Director. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional S. signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the Public Works Director's..signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the Publiv Works Director. 28. 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. cvttANaUt..,.? RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 29. When final plans are approved by the City, and prior to issuance of grading, improvement or building permits, the applicant shall furnish accurate computer files of the complete, approved off -site improvement plans on storage medial and in a program format acceptable to the Public Works Director. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. 30. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to issuance of a grading, improvement or building permit. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQ!VIC. !mprovements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 31. If improvements are secured, the applicant shall provide 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 Public Works Director. 32. If the applicant desires to phase improvements and obligations required by the conditions of approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the Public Works Director. The applicant shall complete required improvements and satisfy obligations as set forth in.the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to occupancy of permanent buildings within the phase unless a construction sequencing plan for that phase is approved by the Public Works Director. 33. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). This development is responsible for the following participatory improvements: C OMIPKh/_nji3 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBCR 17, 1996 A. ',Underground installation of existing overhead utilities. B. Raised landscape median on S.R. 111, and C. Traffic signal at Jefferson Street and Vista Grande. If traffic conditions warrant installation of this signal prior to or with the opening of Phase 2 of this development, the City may require that the applicant construct this' signal. 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. 34. 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. 35. The applicant shall comply with the City's Flood Protection Ordinance. 36. The applicant shall conduct a thorough preliminary geological and soils etigineering investigation and shall submit the report of the investigation ("the soils report") with the grading plan. 37. A grading plan, which may be combined with the on -site paving and drainage plan, shall be prepared by a registered civil engineer and must meet the approval of the Public Works Director 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. 38. Prior to construction of any building, 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. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. ctllt.el�rvl.�� RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 39. The applicant shall provide. channel lining along the south bank of the Whitewater Storm Channel adjacent to the project site. The Channel lining shall be designed and constructed in accordance with the requirements of the Coachella Valley Water District and the Director of Public Works. 40. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless drainage. to the Whitewater Storm Channel is approved by CVWD. The tributary drainage area shall extend to the centerline of public streets adjacent to the development. 41. Nuisance water (and storm water if drainage to the Whitewater Channel is not approved) shall be retained in retention -basin(s) or other approved retention/infiltration system(s). In design of retention facilities, the soil percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. 42. If retention is in an open basin, a trickling sand filter and leachfield of a design approved by the Public Works Director shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 43. Retention basin slopes shall not exceed 3:1 and depth shall not exceed six feet. 44. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the Public Works Director. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. . 46. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 4.7. In areas where hardscape surface improvements are planned, underground RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the Public Works Director. 48. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. Jefferson Street - Major Arterial: 11. Street Improvements - Forty-one feet of southbound travel improvements (accommodating three 12-foot travel lanes, a 5-foot bike lane) plus sidewalk. At the south end, improvements shall transition into 75 feet of southbound travel improvements to accommodate two dedicated 11-foot-wide left -turn lanes and one dedicated 12-foot-wide right -turn lane. 2). Traffic Signal at entrance opposite Vista Grande - Secure 100% of the estimated cost of the improvement. The applicant is responsible for the cost of the signal at the time warrants are met for its installation and may be required to construct the signal prior to or concurrently with construction of Phase 2 of the development. The signal shall be interconnected and coordinated with the signal on Jefferson Street at Highway 111. During construction of Phase I improvements, the applicant shall install underground conduit (Schedule 80 PVC with end caps), as approved by the Director of Public Works, for future traffic signal wiring. The applicant shall provide the City with an accurate drawing of the conduit (as constructed) complete with reference ties to permanent monuments or surface improvement features. 3). Traffic Signal at S.R. 1 1 1 - Construct modifications required due to street improvements required of this development and bear the full cost thereof. Improvements shall include left turn signals for southbound and northbound traffic. 4). Reconstruct the north median island on Jefferson Street adjacent to the site to provide a 125-foot long left turn pocket for north-to- (tXAVM-0.11.1 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 west traffic, and a 50-foot long left turn pocket for south -to -east traffic. B. State Route 111 - Major Arterial: 1). Street Improvements - Construct ultimate improvement on north half of street as required by Caltrans. Median island construction is a participatory improvement which may be constructed by others. 2). Traffic Signal at West Entry Drive - Install signal prior to opening any retail outlet in the Specific Plan area that generates sufficient traffic to warrant installation. Applicant shall bear 100% of the initial cost of the signal, but may seek up to 75 % reimbursement from nearby benefitting property owners subject to the City's reimbursement policy. Prior to final inspection and occupancy of any permanent building within the development, the applicant shall provide to the City an executed (by grantor) reciprocal access and easement agreement allowing access to the owner of the abutting property to the west over the most westerly (signalized) driveway and over the applicant's property to the abutting property to the west. The location and language of the easement shail meet the approval of the City Engineer and the City Attorney. The easement provisions may include a requirement for the abutting property owner to reimburse the applicant a pro-rata share of the commercially reasonable costs of construction and maintenance of the shared access drive (including the signal) and the easement route. Such provisions shall provide for arbitration of disputes regarding the provisions of the agreement. C. Site Access Improvements: For Phase 1 construction as depicted in the revised Phase 1 Site Plan received by the City on August 5, 1996, the applicant shall: 1). Construct the signalized intersection on S.R. 111 at the most westerly access drive in Phase 2 and install connecting drives to Phase 1 as approved by the Public Works Director, and RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC: PLAN 96-027 SEPTEMBER 17, 1996 2). Construct the full width of the most westerly right-in/right/out drive on S.R. 111 and the full 26'-width of the north/south parking aisle at that drive. Bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised medians or other mitigation measures as determined by the ' Public Works Director. The Public Works Director may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that- newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 49. Access points and turning movements of traffic shall be restricted as follows: A. State Route 111 - Two 30'-wide right-in/right-out drives centered approximately. 4351 * and 7G5' west of the centerline of Jefferson Street, or as approved by the City Engineer. One 40'-wide full -access drive at . the: signalized intersection centered opposite the north/south property line on the south side of Hwy. 111 approximately 1,320' west of the centerline of Jefferson Street. B. Jefferson Street - One 30' right-in/right-out drive centered approximately 470' north of the centerline of S.R. 111, or as approved by the City Engineer. One 40' full -access drive matching up with Vista Grande. 50. Improvements shall include all appurtenances such as traffic signs, channelization markings and street name signs. 51. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" coft,44MV.,18i RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit mix designs for road base, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. Construction operations shall not be scheduled until mix designs are approved. 52. The applicant shall provide landscape improvements in the perimeter setback areas along Jefferson Street and S.R. 111. 53. Landscai'�e 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 Public Works Director. The plans are not approved for construction until they have been approved and signed by the Public Works Director, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 54. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 55. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Public Works Director. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 56. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 57. Parking lot shading as required by Municipal Code shall be provided. Number and location of trees shown on submitted landscape plan does not constitute final approval. Plans showing compliance with :,:tiading requirQments shall be submitted prior to issuance of a building permit to verify compliance. 58. Landscape materials shall be maintained as planted in perpetuity. Any dead or missing landscaping shall be replaced within 30 days. cMAM.41.1 RESOLUTION 96-72 CONOITICNS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 59. Landscaping within the shopping center (Phase 1 and Phase 2) shall be commonly maintained under a single maintenance contract. Prior to issuance of a building permit for Phase 2, a common area maintenance association or other similar body shall be established to insure compliance with this requirement. Required agreement or CC & R's shall be reviewed for this purpose by the Community Development Department prior to issuance of a building permit. 60. Prior to issuances of any building permits, the applicant shall submit to the Community Development Department for review and approval a plan (or plans) showing the following: A. Landscaping, including plant types, sizes, spacing, locations; and irrigation system for all landscape areas. Desert or native plant species and drought resistant planting materials shall be incorporated into the landscape plan. B. Location and design detail of any proposed and/or required walls. C. All 36" box trees shall be a minimum of 4" in diameter as measured 12" from grade. D. All 24" box trees shall be a minimum of 2-1/2" to 3" in diameter as measured 6" from grade. E. The 36" box trees proposed along the north property line shall be 25' on center. F. The northeast corner landscaping shall not exceed 30" in height within the line of sight. 61. Screening. ®f parking lot surface shall be provided from all adjacent streets through use of berming, landscaping and/or short decorative walls, except the driveway view corridors. 62. The applicant_ shall employ construction quality -assurance measures which meet the approval of the Public Works Director. 63. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have cvsa,eN,rr 413 RESOLUTION SS-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 64. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the Public Works Director. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the improvement plan computer files previously submitted to the City to reflect the as -constructed condition. 65. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in affect when the applicant makes application for plan checking and permits. 66. Provide or show there exists a water system capable of delivering 3000 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. Fire flow is based on type V-1 HR construction and building being equipped with automatic fire sprinklers. 67. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 4° x 2-1 /2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. 68. Blue retro-reflective pavement markets shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 69. Prior to the issuance of a, building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed 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 � equirements prescribed by the Riverside County Fire Department". RESOLUTION 96-72 CONDITION'S OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 11, 1996 70. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 71. If the 'building is used for high piled/rack storage, the building construction and fire sprinkler system must meet NFPA 231 C and Article 81 of the 1994 UFC. 72. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code/Riverside County Fire Department and National Fire Protection Association Standards 72. 73. Install panic hardware exit signs as per Chapter 10 of the Uniform Building Code. 74. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 75. 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 str,ndards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 76. If the building/facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 77. If the facility requires Hazardous Materials Reporting (Material Safety Data sheets) the_ Knox Haz Mat Data and Key Storage Cabinet, Model 1220 or 1300 with tamper switches shall be used. 78. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning and Engineering staff at (619) 863-8886. f9711.W Ll air RESOLUTION 96-72 CONDITIONS OF APPROVAL. - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 79. Prior to issuance of a building permit for Home Depot, the building elevations shall be modified as follows: A. All metal roll up doors and the overhead metal canopy over the loading dock a.oa shall be painted to match the adjacent building wall. B. The color of the rib metal canopy within the outdoor garden center shall be painted to match the adjacent walls. C. The rear of all parapet walls and tower structures higher than 32 feet from finished grade shall be painted the same color as the exterior of the building. SIGNS 80. Prior to issuance of a sign permit, the sign plan shall be modified as follows: A. The Jefferson Street monument sign shall be eight feet high and six feet in length. MISCELLANEOUS 81. Prior to Issuance of a building permit, the applicant shall submit a Transportation Demand Management Plan (TDM Plan) to the Public Works and Community Development Departments. The Plan shall address capital improvement and operational standards as established in the City's TDM Ordinance. Any transit related improvements required by the Sunline Transit Agency as a condition to development will not constitute compliance with the plan submittal requirement. 82. An easement shall be granted to the City at the northwest intersection of Highway 111 and Jefferson Street. Said easement shall be for the purpose of installing the City "Entry Sign". Specific location and size of easement shall be approved by the City and recorded prior to final occupancy of the Home Depot. 83. The Phase 11 site plan is a conceptual design only. The final site plan shall require review and approval under a Site Development Permit by the Planning Commission per Section 9.210.010 of the Zoning Code. 84. Prior to issuance of a building permit the landscape area shall be increased along Highway 111, specifically the entry corner, at the intersections of Highway 111 and Jefferson Street and at each of the entry driveways. Tree wells shall also be included along the ADA walkway subject to approval by the Community Development Director as illustrated in Exhibit A. c cm.av,(vr41-? RESOLUTION 96-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO THE CITY COUNCIL TO ALLOW MORE THAN 200 SQUARE FEET OF OUTDOOR STORAGE 1N CONJUNCTION WITH A RETAIL CENTER CASE NO. CUP 96-028 HOME DEPOT, USA, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of September, 1996, hold a duly noticed Public Hearing to consider the request of Home Depot, USA, Inc. to allow more than two hundred square feet of outdoor storage in conjunction with a retail center in the C-P-S Zone on 20 t acres at the northwest corner of Highway 111 and Jefferson Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of July, and the 13th day of August, 1996, hold duly noticed Public Hearings to consider the request of Home Depot, USA, Inc. to allow more than two hundred square feet of outdoor storage in conjunction with a retail center in the C-P-S Zone on 20 t acres at the northwest corner of Highway 111 and Jefferson Street, more particularly described as: APN: 649-020-022 and 649-020-023 WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that a Negative Declaration has been recommended for certification; and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of said Conditional Use Permit: 1. 'The Conditional Use Permit is deemed consistent with the City's General Plan in that the site is designated commercial and proposed for retail use. 2. The approval of this Conditional Use Permit for outdoor storage insures consistency with the Zoning Code since it is required. 3. An Environmental Assessment has been prepared and a Mitigated Negative Declaration is recommended for this project. resocc.163 Resolution 96-73 Page 2 4. The outdoor storage area is to be enclosed by a steel and block fence which insures that the impact on the public health, safety, and general welfare will not be detrimental. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Conditional Use Permit 96-028 to allow more than 200 square feet of outdoor storage in conjunction with a retail center subject .to the attached Conditions of Approval, attached hereto and made a part of as Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17th day of September, 1996, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN:. None GLENDA L. HOLT, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHMA, City Cie City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California resocc. 163 EXHIBIT "E" CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 96-028 SEPTEMBER 17, 1996 1. The development shall comply with Specific Plan 96-027, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 96-027. PH #5 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 26, 1996 CASE NO.: ZONING ORDINANCE AMENDMENT 96-054 INITIATED BY: CITY OF LA QUINTA CONSIDERATION: RECOMMEND APPROVAL OF REVISIONS TO THE SIGN ORDINANCE CHAPTER 9.160 FOR USE THROUGHOUT THE CITY ENVIRONMENTAL CONSIDERATION: ENVIRONMENTAL ASSESSMENT 96-314 WAS PREPARED FOR THE EXISTING SIGN ORDINANCE, AND PURSUANT TO CEQA GUIDELINES, IT HAS BEEN DETERMINED THAT NO NEW EFFECTS OCCUR AND NO NEW MITIGATIONS MEASURES ARE REQUIRED. BACKGROUND: General The current Sign Regulations; Chapter 9.160, were adopted by City Council April 2, 1996 under Ordinance 281. The Council on October 15, 1996, adopted Urgency Ordinance 286. This Ordinance permits businesses to post unlimited temporary signs during Public Works construction . At its November 19, 1996 meeting, the City Council adopted Ordinance 290 allowing continuation of the Interim Urgency Ordinance. Staff recommends the following revisions to the Sign Ordinance (Attachment 1) for consistency and clarification: Table 1601: "Exempt Signs not Requiring a Permit", Item 18 shall be added stating: Temporary for sale, lease, open house or rent signs if the sign size does not exceed six square feet in area and four feet in height. These sign types are proposed for deletion from Section 9.160.60 "Permitted Temporary Signs", because of the 60-day time limit and the total number of signs not being enough for real estate listings by individual realtors. 2. Section 9.160.060 "Placement Restriction", Item F, sentence 3, shall read Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs which are visible simultaneously within the boundaries of the City". In the further interest of clarity this statement shall then be removed from Section G. "Sign Permit Required", first sentence. Section 9.160.060.I shall be added stating: The placement of temporary signs for existing commercial businesses during the construction of any Department of Public Works contract over 45-days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street pcss-zoa 96-054 involves a distance of more than 3,000 feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the Department of Public Works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. 4. Section 9.160.060: "Permitted Temporary Signs", Item J shall be added stating: A Grand Opening Banner is allowed on each street building frontage within 45 days of the business opening. The sign shall consist of a lightweight fabric or similar material attached to the lease space building wall, below the eave line, for a period not to exceed 60 days. The sign shall be non -illuminated and its size shall not exceed 32 square feet. 5. Section 9.160.070 "Permitted Semi -Permanent Signs", A. Definition: shall read "Semi- permanent sign" means a non -illuminated sign which requires a sign permit to allow specific uses such as model home complexes, new facilities under construction, and commercial or residential subdivisions. 6. Section 9.160.100 "Prohibited Signs", Item 5 shall be amended to read: "Banners, unless specifically permitted". Banners will only be allowed for commercial uses with a Temporary Use Permit, for sidewalk sales, commercial events, Christmas Tree and Halloween Pumpkin sales and Grand Openings. Also, Banners will be allowed during street improvement/construction by the Public Works Department. 7. Staff has also provided clarification in Sections 9.60.170 and 9.100.140, Temporary Outdoor Events, that directional signs (c) are subject to the provisions of 9.160.060, Temporary Signs, Paragraph C through H, with the exception of Paragraph E. This sign type was not addressed previously. RECOMMENDATION: Staff recommends adoption of Planning Commission Resolution 96- , recommending approval to the City Council of Zoning Ordinance Amendment 96-054 pertaining to sign regulations for use throughout the City. Attachments: 1. Draft Sign Ordinance Prepared & Submitted by: CHRISTINE DI IORIO Planning Manager pcss-zoa 96-054 PLANNING COMMISSION RESOLUTION 96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL REVISIONS TO THE SIGN REGULATIONS, CHAPTER 9.160 OF THE MUNICIPAL CODE. CASE NO. ZOA 96-054 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California did on the 26' day of November, 1996, hold a duly noticed Public Hearing to consider revision to the regulations for signs in the City of La Quinta; and, WHEREAS, said request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that Environmental Assessment 96-314 was prepared for the existing Sign Ordinance, and pursuant to CEQA Guidelines, it has been determined that no new effects occur and no new mitigations measures are required; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify the recommendation for approval of said Zoning Ordinance Amendment. The proposed revisions will not adversely affect the planned development of the City as specified by the General Plan for the City of La Quinta because the sign regulations provide requirements which work in concert with and enhance the community. 2. The proposed Amendment would not be detrimental to the health, safety, and welfare of the City because the sign regulations are designed to insure that unsafe conditions do not occur. There will be no significant adverse impacts resulting from this Zoning Ordinance Amendment because the sign regulations not only enhance the community but also eliminate sign clutter. 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 the Commission in this case. resopc-zoa 96-054 Planning Commission Resolution 96- 2. That it does hereby recommend to the City Council approval of Zoning Ordinance Amendment 96-054 for the reasons set forth in this Resolution and as noted in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quints Planning Commission held on this 26" day of November, 1996. AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California resopc-zoa 96-054 CHAPTER 9.160: SIGNS ..................................... 9.160.010 Purpose and Intent .............................. 9.160.020 Exempt Signs .................................. 9.160.030 General Sign Standards .......................... 9.160.040 Permanent Signs in Residential Districts ............. 9.160.050 Permanent Signs in Nonresidential Districts .......... 9.160.060 Permitted Temporary Signs ....................... 9.160.070 Permitted Semi -Permanent Signs ................... 9.160.080 Semi -Permanent Downtown Village Directional Signs . . 9.160.090 Sign Permit Review ............................. 9.160.100 Prohibited Signs ................................ 9.160.110 Nonconforming Signs ........................... 9.160.120 Enforcement, Sign Removal, and Abatement ......... 9.160.130 Sign Definitions ................................ 160-1 160-1 160-1 160-3 160-6 160-7 160-9 160-11 160-13 160-14 160-18 160-20 160-20 160-22 CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent ................................. 160-1 9.160.020 Exempt Signs ..................................... 160-1 9.160.030 General Sign Standards ............................. 160-3 9.160.040 Permanent Signs in Residential Districts ............... 160-6 9.160.050 Permanent Signs in Nonresidential Districts ............ 160-7 9.160.060 Permitted Temporary Signs ......................... 160-9 9.160.070 Permitted Semi -Permanent Signs .................... 160-11 9.160.080 Semi -Permanent Downtown Village Directional Signs .. 160-13 9.160.090 Sign Permit Review ............................... 160-14 9.160.100 Prohibited Signs .................................. 160-18 9.160.110 Nonconforming Signs .............................. 160-20 9.160.120 Enforcement, Sign Removal, and Abatement .......... 160-20 9.160.130 Sign Definitions ................................... 160-22 9.160.010 Purpose and Intent. A. Purpose. These regulations are intended to implement the goals and policies of the General Plan by: 1. Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces; 2. Preserving and improving the appearance of the City as a place to live, work and visit. 3. Encouraging sound signing practices to aid business and provide directional information to the public; 4. Ensuring that signs effectively identify business and other establishments; 5. Preventing excessive and confusing signing displays ; 6. Reducing traffic hazards and promoting the public health, safety, and welfare by minimizing visual competition among signs; 9.160.020 Exempt Signs. A. Signs not Requiring Sign Permits. The signs listed in Table 1601 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this Chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of- way unless specifically permitted hereinbelow. 160-1 9.16/2 .Q/rN.v TABLE 1601: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type I Placement Max. Area Illumination In this Table: + "n/a" means not applicable or no restriction +"Building -mounted" means signs mounted flush -to -wall only 1. Official notices issued by any court or public body or n/a n/a n/a officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or identification signs Building- 1 sq/ft Required mounted aggregate 3. Signs located in the interior of any building or enclosed n/a n/a Yes outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows, or dates of erection cut into Building- 3 sq/ft No the surface of a wall or pedestal or projecting not more than mounted or two inches free-standing 5. Directional, warning, or informational signs required by or n/a n/a Yes authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. Inc;idental accessory signs and placards (e.g. Open/Closed Window or 3 sq/ft No signs), six signs maximum per premises building- aggregate mounted 7. Temporary decorations clearly incidental and customary n/a n/a Yes and commonly associated with any national, local or religious holiday, provided such signs are removed within seven days after the applicable holiday. 8. Sculptures, fountains, mosaics, and design features which n/a n/a Yes do not incorporate advertising or premise identification 9. Property signs (e.g. "No Trespassing," "No Parking," etc.), Building- 3 sq/ft Yes informational/directional signs (e.g, "Restrooms," 'Exit," mounted etc.) and warning signs (e.g. "High Voltage") or free-standing 10. Vehicular directional signs used to identify street entrances Building- 3 sq/ft Yes and exits, maximum three feet high if free-standing mounted or free-standing 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ft No 13. Within commercial districts, chalkboards or small placards Building- 3 sq/ft Indirect only e.g. restaurant menu boards mounted 160-2 9.160. SIGNS TABLE 1601: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type PIacement Max. Area Illumination In this Table: * 'Wa" means not applicable or no restriction • "Building -mounted" means signs mounted flush -to -wall only 14. Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and non-profit public information signs for Free-standing 3 sq. ft. No public, quasi -public, and non-profit uses on public or private property, adjacent to an Arterial thoroughfare. Number, shape, location, and height (maximum 6-feet) of signs shall be approved by the Director of Community Development and Public Works. 16. Within commercial zones, temporary information window Window No one No signs fronting on a street, parking lot or common on -site mounted window area, not covering more than 25% of the area of the sign shall window(s) within which they are placed for a period not to exceed 4' exceed 14 days nor more than six (6) times per calendar high or 8' year. No more than three (3) signs per elevation with long (32 sq. windows may be installed at any one time. ft.) 17. Within residential zones, temporary decorative flags clearly Building- 7 sq. ft. No incidental which may or may not be associated with any mounted national, local, or religious holiday. 18. Temporary for sale, lease, open house, or rent signs Free-standing 6 sq. ft., 4 No located on the subject property. ft. high Aggregate not to exceed 12 sq. ft. Signs in Residential Districts Requiring a Permit See Section 9.160.040 Signs in Nonresidential Districts Requiring a Permit See Section 9.160.050 Temporary and Semi -Permanent Signs See Sections 9.160.060 and 9.160.070 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text, or design change is made; 9.160.030 General Sign Standards. A. Applicability. Signs in the City of La Quinta, including exempt, permanent, semi -permanent, and temporary signs, are subject to the general standards of this Section. [total 9.160. SIGNS B. Planned Sign Programs. Planned sign program review is required, per the provisions of Subsection 9.160.090D, for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the Planning Commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. C. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this Chapter, the more specific definition or more rigorous standard shall prevail. Whenever the Community Development Director determines that the application of any provision of this Chapter is uncertain, the issue shall be referred to the Planning Commission for determination. D. Application of Standards. If the Director determines that a staff -reviewed sign does not conform to one or more of the general standards set forth in this Section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment E. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq. ft., a double-faced sign may have an area of 20 sq. ft. per face. S. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq. ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. F. Measurement of Sign Height. Sign height shall be measured as follows: 160-4 9.160: SIGNS 1. Building -Mounted Signs. The height of building -mounted signs shall be measured from the average finish grade directly beneath the sign. 2. Free -Standing Signs. The height of a free-standing sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. G. Sign Placement. 1. Setbackfrom Street. Free-standing signs shall not be located within five feet of a street right- of-way nor within a corner cutoff area identified in Section 9.100.030D. 2. No Off -Premise Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off -premise in this Chapter. 3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility. 4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. 5. Public Right -of -Way. No sign shall be located within, over, or across a public right-of-way unless specifically permitted in this Chapter. H. Illumination. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness, glare, or reflection of light on private or public property in the surrounding area so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. I. Maintenance. Any sign displayed within the City, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Community Development Director may request the Director of Building and Safety to order the repair or removal of any sign determined by the Director to be unsafe, defective, damaged, or substantially deteriorated. 160-5 9.160: SIGNS J. Landscaping of Free -.Standing Signs. All free-standing signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. The applicant shall maintain all landscape areas in a healthy and viable condition. K. Inspection. All sign owners and users shall permit the periodic inspection of their signs by the City upon 10 days notice. L. Specific Plan .Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area. 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 1602 following are permitted in residential districts subject to approval of a sign permit per Section 9.160.090 TABLE 1602: PERMANENT SIGNS PERMITTED IN RESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: Free-standing signs shall not be located within 5' of a street right-of-way nor within a corner cutoff area identified in Section 9.60.030. • "ID" means identification sign. Sign Type and Max. Max. Area Max. Illumination Additional Placement Number (sq/ft) Height Requirements Building -mounted or 2 per entry 24 6 ft., Indirect only 1 single -faced sign free-standing street (1 if or top of wall permitted on each side of Project/neighborhood/ double- if building- street, (1 sign only if apt. complex ID sign faced) mounted double-faced) Building -mounted or 1 per 18 6 ft. Indirect only Signs are to be designed and free-standing directory entrance to oriented to direct pedestrian sign for multi -tenant building or traffic bldgs. or complexes complex Building -mounted or I of either 6 6 ft. Indirect only Permanent sign giving rental free-standing per street information for buildings or apartment rental frontage complexes containing 15 or (permanent) more units Other Uses • I free- 24 6 ft. Indirect only 1 sign may be changeable standing copy • 2 bldg- 24 aggreg. Top of wall mounted Signs in Nonresidential Districts Requiring a Permit See Section 9.160.050 Signs exempt from sign permit approval See Section 9.160.020 Temporary and semi -permanent signs See Sections 9.160.060 and 9.160.070 160-6 9.160. SIGNS 9.160.050 Permanent Signs in Nonresidential Districts. Signs identified in Table 1603 following are permitted in nonresidential districts subject to approval of a sign permit per Section 9.160.090. TABLE 1603: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: o Free-standing signs shall not be located within 5' of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030. "ID" means identification sign. Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Max. Number Max. Area Max. Illumination Additional Placement Height Requirements Free-standing center 1 per street .25 sq/ft per lineal 8 ft. Direct or Aggregate sign or complex ID sign frontage ft. of street front- indirect for area may not be for multi -tenant age up to max. of all signs combined among building or multi- 50 sq/ft per sign street frontages. building shopping and 100 sq/ft Letter height shall center or other aggregate for all be a minimum commercial or office signs 10" high. complex Building -mounted or 1 flush -mounted Flush-Mntd: 1 8 ft. Direct or ID signs not permanent window plus 1 under- sq/ft per lineal ft. indirect for permitted for ID signs for canopy per tenant of lease frontage all signs tenants above the individual frontage along a up to max. of 50 ground floor in commercial or office street or along a sq/ft aggregate buildings with tenants common -use prkng Under -Canopy: only interior lot with no direct 3 sq/ft access above street frontage ground floor Free-standing ID sign 1 50 sq/ft 8 ft. Direct or Allowed only if for individual indirect for bldg has min. 200 commercial or office all signs ft. of street bldg. frontage Building -mounted ID 2 1 sq/ft per lineal Top of Direct or sign for individual (but no more than ft. of bldg wall indirect for commercial or office 1 per each side of frontage along a all signs bldg. building) street up to max. of 50 s /ft aggreg 160-7 9.160. SIGNS TABLE 1603: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: - Free-standing signs shall not be located within 5 of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030. "ID" means identification sign. Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Max. Number Max. Area Max. Illumination Additional Placement Height Requirements Building -mounted or I per entrance to 18 sq/ft Top of Direct or Signs are to be free-standing building or wall or indirect designed and directory sign for complex 6 ft. if oriented to direct multi -tenant bldgs or free- pedestrian traffic complexes standing Gas/service stations 1 free-standing 8 ft. Direct or Allowed only for sign per street indirect for stations which are frontage, all signs not accessory to combining bus. 50 sq/ft other uses. Price identification and sign must show gas prices aggregate the lowest price per gallon of all I building- Top of grades, including mounted ID wall taxes. Theaters, cinemas, 1 free-standing and Aggregate Top of Direct or and cabarets 1 building- allowed: 20 sq/ft wall or indirect for mounted sign, of plus 10 sq/ft per 12 ft. if all signs which 1 sign may screen/stage over free - be combination ID 1, up to a max. of standing & attraction board 40 sq/ft 1 building- 6 sq/ft each Top of Indirect only mounted coming- wall attraction poster per screen or stage Church and • 1 free-standing 24 sq/ft 6 ft. Direct 1 of the allowed Institutional Uses or signs may include • 2 bldg-mounted 24 sq/ft Top of indirect for an attraction aggregate wall all signs board Signs in Residential Districts Requiring a Permit See Section 9.160.040 Signs exempt from sign permit approval See Section 9.160.020 Tem ra and semi -permanent signs See Sec. 9.160.060 and 9.160.070 160-8 9.160: SIGNS 9.160.060 ]Permitted Temporary Signs. A. Definition. "Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of 60 days. Temporary signs include without limitation: political campaign signs, garage sale signs, rea4 estate for sale, for lease, fbr rent or open hottse sign; and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within 90 days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under Subsection F of this Section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed 12 square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed 24 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030 D. Maximum Height. Free-standing temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed 50. F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mail boxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs, or traffic signs or signals. Temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the City. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. 9.160: SIGNS G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposers to post more than five temporary signs on private or public property whieh will be visibie sitnttitaneottsly within the botmdaries of the Gty shall make application to the Community Development Department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by City Council Resolution shall be paid in conjunction with the issuance of the sign permit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a temporary sign permit application, the Community Development Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the City determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the City finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Subsection F of this Section, that the temporary sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or 160-10 9.160. SIGNS responsible person to remove or alter such temporary sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the City may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the City. L The placement of temporary signs for existing commercial businesses during the construction of any Department of Public Works contract ver 45-days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than 3,000 feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the Department of Public Works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within 45-days of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed 60-days. The signs shall be non -illuminated and its size shall not exceed 32 square feet. 9.160.070 Permitted Semi -Permanent Signs. A. Definition. "Semi -permanent sign" means a non -illuminated sign advertising the future construction of a facility, model home complex, commercial, or residential subdivision identification which requires a sign permit and which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. A permit for semi permanent signs advertising future facility construction shall not be approved until a Development Review Application has been submitted B. Maximum Time Periods. No semi -permanent sign shall be posted for more than one year. In addition, all semi -permanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. semi -permanent signs may not exceed 32 square feet in area. The aggregate area of all semi -permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. 160-11 9.160: SIGNS D. Maximum Height. Free-standing semi -permanent signs shall not exceed eight feet in height. Semi -permanent signs which are posted, attached or affixed to multiple -floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the number of signs on any parcel exceed 10. F. Placement Restrictions. Semi -permanent signs may not be posted on public property, as defined in Section 9.160.130QQ. Semi -permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semi -permanent signs unless specifically authorized by the semi -permanent sign permit. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post or erect a semi -permanent sign shall make application to the Community Development Department for a semi -permanent sign permit. 1. Statement of Responsibility Required. Each applicant for a semi -permanent sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each semi -permanent sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a semi- permanent sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for semi -permanent signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess of ten semi -permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director's decision with respect to a permit application for a semi -permanent sign may be appealed to the Planning Commission. 160-12 9.160. SIGNS H. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The Community Development Director shall approve the application for an extension of time upon finding that the semi -permanent sign is otherwise in compliance with the requirements of this Section and that the time extension is necessary to accomplish the purposes for which the semi- permanent sign has been posted. I. Maintenance and Removal of Semi -Permanent Signs. 1. Maintenance. All semi -permanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal. If the City finds that any semi -permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the semi -permanent sign, or the person who has claimed responsibility for the semi -permanent sign pursuant to Subsection F of this Section, that the semi -permanent sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the semi -permanent sign or responsible person to remove or alter such semi -permanent sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each semi- permanent sign which is in violation. If the owner of the semi -permanent sign or the person responsible therefor fails to comply with the notice within five days after such notice is given the semi -permanent sign shall be deemed abandoned, and the City may cause such semi- permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi -permanent sign to the City. 9.160.080 Semi -Permanent Downtown Village Directional Signs. A. Purpose. To provide vehicular direction to specific businesses which, due to their location within the boundaries of the "Village at La Quinta" Specific Plan area and away from major arterials, are difficult to find. B. Definition. "Downtown Village Directional Sign Panel" means an interchangeable sign panel which does not require a sign permit, mounted on a monument base structure. The sign panels list businesses in the Village at La Quina area. C. Maximum Time Periods. No Downtown Village Directional Sign Panel shall be installed for more than eleven consecutive months out of any 12 month period. The date of installation shall be legibly marked on the lower right hand corner of the face of the sign. D. Monument Base Structure - Size and Standards. Downtown Village Directional Sign Panels shall only be installed in approved monument base structures which conform to the following standards: 160-13 9.160. SIGNS 1. Strictures shall not exceed eight (8) feet in height and six (6) feet in width. 2. Strictures shall contain no more than six (6) sign panels per face or side. 3. Structures shall have no more than two faces or sides. 4. Structure shall include, at the top, a decorative cap or sign of maximum two feet six inches high and six feet wide. 5. The base shall be constructed of block, brick, wood, stone, or other similar material. 6. Design, construction, color, and materials of structure and text shall be approved by the Planning Commission. 7. No tag, sign, streamer, devise, display board or other attachment may be added or placed upon the structure. E. Sign Panel Size and Standards. Downtown Village Directional Sign Panels which are mounted in the monument base structures shall be eight (8) inches in height and five (5) feet wide, and shall conform to the following standards: 1. The use of said sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of the Village at La Quinta Specific Plan area. 2. Each sign panel shall contain the name of the business and a directional arrow on one line. 3. Indirect lighting may be provided as set forth in Section 9.100.150. F. Sign Locations. Five structures shall be allowed with specific locations to be approved by the Planning; Commission. The specific location at each intersection shall be approved by the Director of Community Development and the Director of Public Works. The structures may be located in the City's right-of- way. If located in the right-of-way, an encroachment permit shall be obtained from the Director of Public Works. The structures shall be located for maximum readability and traffic/pedestrian safety. G. Installation. The City shall have the discretion to contract with a nonprofit group or non- governmental agency to install and manage the sign panels and structures. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. The group or agency chosen to administer the Downtown Village Directional Sign Program shall sign a Memorandum of Agreement with the City setting forth the Scope of Responsibilities and Services to be provided. 160-14 9.160. SIGNS H. Maintenance. The group or agency contracted to install and manage the sign panels and structures shall be responsible for maintaining the panels and structures in good order at all times. Upon request by the City, sign panels and structures shall be repaired and/or maintained within 30-days of said request. Failure to repair/maintain sign panels and structures shall be cause for City to request removal or to remove. 9.160.090 Sign Permit Review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property within the city, unless the review procedure is exempt under Section 9.160.020 of this Chapter or other provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this Chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this Chapter shall apply before a sign permit and/or building permit is issued. B. Submission Materials. The following shall be submitted by the applicant to the Community Development Department at the time of permit application unless otherwise modified by the Community Development Director: 1. Completed sign application obtained from the City; 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by City Council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method; b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy, and method of illumination indicated for each; c. Building elevations with signs depicted (for building -mounted signs). C. Review Procedures: Standard Sign Application. 160-15 9.160. SIGNS 1. The standard sign application is used by the Community Development Department to process the following sign applications using the standards and provisions contained in this Chapter. a. Two or less permanent signs; b. Signs in conformance with a previously approved planned sign program pursuant to Subsection D of this Section. 2. The Community Development Director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification, or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this Chapter and the regulations herein. D. Review Procedures: Planned Sign Programs. 1. Planned Sign Programs. Planned sign program review per the provisions of this Subsection is required for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the Planning Commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. 2. The Planning Commission shall make a determination to either approve, approve with modifications, or deny planned sign program applications in conjunction with its review of the associated development project; 3. The Planning Commission, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the Commission must find that: a. The sign program is consistent with the purpose and intent of this Chapter; b. The sign program is in harmony with and visually related to: (1) All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. (3) Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. 160-16 9.160. SIGNS 4. Modification of signs within a previously -approved sign program shall be reviewed by the Community Development Director and approved by the Planning Commission under the same procedures as review of a new planned sign program. E. Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination, or additional height may be granted by the Planning Commission. Applications for sign adjustments shall be submitted in writing on forms provided by the Community Development Director. The Planning Commission shall make on or more of the following findings in conjunction with approval of a sign adjustment: 1. Additional Area: a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural, or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 2. Additional Number: To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations: a. To transfer area from one wall to another wall or to a free-standing sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a. sign within the access easement; c. Additionally, alternative on -site locations may be granted in order to further the intent and purposes of this Chapter or where normal placement would conflict with the architectural design of a structure. 160-17 160. SIGNS 4. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height: To permit additional height to overcome a visibility disadvantage. P. Disposition of Plans. 1. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the Community Development Department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the Building and Safety Department and the Community Development Department for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the Director for an extension of up to one year from the date of expiration. The Director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the Director finds that there has been a substantial change in circumstances. 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this Chapter under the new circumstances. H. Appeals. Any decision of the Community Development Director made pursuant to this Chapter may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. The appeal must be made within 15 calendar days of the decision date, in accordance with Section 9.160.120. 9.160.100 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: 160-18 9.160. SIGNS 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 4. Trailer signs and other signs with directional arrows affixed to vehicles which are used exclusively or primarily for advertising, unless specifically permitted. 5. Flags, pennants, banners, streamers, spinners, festoons, windsocks, valances, or similar displays, unless specifically permitted in this Chapter; 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structure; 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; 13. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic -control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic; 15. Signs located upon or projecting over public streets, sidewalks, or rights -of -way (unless specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure. 17.. Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a Temporary or Special Outdoor Event permit. 160-19 9.160: SIGNS 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility. 19,. "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property. 20.. Neon signs, except those specifically approved as an activity's major identification sign; 21 „ Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this Chapter; 22. Advertising statuary; 23. Any temporary sign or banner, unless specifically permitted in this Chapter; 9.160.110 Nonconforming Signs. A. Nonconforming Signs. Every legal sign in existence on the effective date of this Code which does not conform to the provisions of this Chapter but which was in conformance with City sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided: a. The sign is properly maintained and does not in any way endanger the public; and b. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this Chapter. 2. No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the sign's noncompliance with the provisions of this Chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance. Any nonconforming sign which is damaged or destroyed beyond 50 percent its value shall be removed or brought into conformity with the provisions of this Chapter. The determination whether a sign is damaged or destroyed beyond such 50 percent of value shall rest with the Community Development Director and shall be based upon the actual cost of replacing said sign.. 4. The burden of establishing a sign as legally nonconforming under this Section rests upon the person or persons, firm or corporation claiming legal status for a sign. 160-20 9.160: SIGNS 9.160.120 Enforcement, Sign Removal, and Abatement. A. Enforcement Responsibility. It shall be the duty of the Director or the Director's authorized representative to enforce the provisions of this Chapter. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this Chapter shall be deemed illegal. If the Director determines a sign to be illegal, the Director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this Chapter. Further, in order to discourage the erection of signs without a permit, the Director may require that such illegally - erected signs be removed prior to review. If the Director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within 90 days after the associated enterprise or occupant has vacated the premises or within 90 days after the time, event, or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per Section. C. Unsafe Public Signs. Any sign deemed by the City to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the City, or shall be removed pursuant to Section. D. Expired Temporary and Semi -Permanent Signs. A temporary or semi -permanent sign which remains posted beyond the time limits set out therefor in Sections 9.160.060H and 9.160.070I respectively shall be removed. E. Abatement and Removal of Signs. 1. Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the sign shall be responsible and liable for the removal and disposition of the sign. a. Abatement. Upon discovering the existence of an illegal sign, the Director shall have the authority to order the immediate abatement and removal thereof. The Director shall notify the owner thereof, or the owner's representative, in person or by mailing an owner's 160-21 9.160: SIGNS representative in person or by mailing an abatement notice to the owner's last known address. Such notice shall state the time limit, if any, granted for removal of the sign and the statement that the Director shall remove the sign after the stated time, the procedure for retrieving a removed sign, and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. The amount of time stated for removal of a sign may be reduced or eliminated if the Director determines that the illegal sign constitutes an immediate danger to the health, safety, and welfare of the community or is a safety hazard. b. Hearings. 1) Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 30 days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the sign shall be established or modified by resolution of the City Council and shall include the actual cost of removal and storage of any sign plus the proportional share of administrative costs in connection therewith. 2) Any hearing to appeal an abatement order which is requested shall be conducted within five working days of the receipt of the request by the City Manager, who should be designated as the hearing officer. The failure of either the owner or his agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or his agent shall have 15 days from the date of the hearing to retrieve his sign upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the sign, the administrative fee shall be waived and the owner of this agent shall have 15 days to retrieve his sign. c. Disposition. Any sign not retrieved by its owner within 30 days after delivering or mailing the abatement notice when such owner has not requested a hearing to appeal, or within 30 days of storage of the sign by the City in all other cases, shall be deemed to be permanently abandoned and may be disposed of by the City. F. No City Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this Section. G. Legal Action. In response to any violation of the provisions of this Chapter, the City may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. 160-22 9.160. SIGNS 9.160.130 Sign Definitions. For the ;purposes of this Chapter, words and phrases relating to signs shall be defined as follows: A. "Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies. B. "Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises. C. "Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. E. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises. G. "Banner" or "banner sign" means a sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind. H. "Billboard means an off -premise sign with changing advertising copy or other changing copy. 1. "Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices, lost - and -found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards. 160-23 9.160: SIGNS J. "Building -mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building -mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under -canopy signs,. K. "Business" means a commercial, office, institutional, or industrial establishment. L. "Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the: building and/or posts from the ground. M. "Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development. A. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign. B. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change ;in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. C. "Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "exit," "parking in rear," "15 miles per hour," "no left turn"). D. "Director" or "Community Development Director" means the Community Development Director for the City of La Quinta or the Director's authorized agent or representative. E. "Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperature displays. F. "Exempt sign" means a sign which is designated in this Code as not subject to certain regulations. 160-24 9.160. SIGNS G. "Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. H. "Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building. I. "Flag" means a visual display device without copy, made of flexible material, usually cloth, paper, or plastic. J. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. K. "Free-standing sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs, and ground signs. L. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce sale of a. used item or items. M. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity. N. "Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this Chapter: 1. "Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 2. "Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo' around the copy (e.g. "reverse channel" letters). ®. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign. P. "Logo' means a trademark or symbol of an organization. 160-25 9.160. SIGNS Q. "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof' is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. R. "Monument sign" means a free-standing sign mounted on a low -profile solid base or a fence, or a free-standing wall, as distinguished from support by poles. S. "Multiple -building complex" means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -building complex may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -tenant commercial use of a single structure or structures in multiple buildings. T. "Multiple -tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -occupant commercial use of a single structure. U. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure. V. "Off -premise sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off -premises signs as used within this Chapter. W. "On -premise sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. X. "Parapet wall" means a wall extending above the roof plane of the building. Y. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this Chapter. 160-26 9.160: SIGNS Z. "Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. AA.. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs). BB. "Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible. CC. "Private Property" means any property other than public property. DD. "Public Property" means any real or personal property in which the City or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant., tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. EE. "Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. FF. "Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent. GG. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. HEL "Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area. II. "Sign" means any medium for visual communication, including but not limited to words, symbols and illustrations, together with all parts, materials, frame and background, which is used or 160-27 9.160: SIGNS intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. JJ. "Sign area" means the following: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq.ft., a double-faced sign may have an area of 20 sq.ft. per face. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. KK. "Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy. LL. "Sign height", "height of sign", or "height" means the following: 1. For building -mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign. 2. For free-standing signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the 160-28 9.160: SIGNS Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. MM. "Sign permit" means an entitlement from the City to place or erect a sign. NN. "Sign program" means the method of review and approval of signs by one of the following two procedures: 1. Standard sign application. The review and approval of standard sign applications for is conducted by the Community Development Director consistent with the regulations and standards as identified for various signs in this Chapter. 2. Planned sign program. The review and approval of applications for signs under this program is conducted by the Planning Commission. The Planning Commission may exercise discretion to provide additional flexibility in the application of the regulations of this Chapter. 00. "Sign structure" means the structural supports, uprights, and bracing for a sign. PP. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. QQ. "Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map and in which homes remain to be constructed or initially sold. RR. "Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee. SS. "Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs. TT. "Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. 110TO►M 9.60: SUPPLEMENTAL RESIDENT74L REGULATIONS a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft. b. Maximum one temporary portable sign on- or off -site on private property, not to exceed 55 sq.ft. c. Maximum 30 off -site temporary directional, signs, 9 square feet in area, subject to the provisions of Section 9.160.060, Paragraphs C through H, with the exception of Paragraph P. d. Maximum 15 bunting signs, with maximum size to be approved by the Director of Community Development. e. Posting period, locations, and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags, A -frame signs, and light strings are prohibited. 7. Related issues, including but not limited to police and security, food and water supply, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health and tent permits. 9.60.180 Manufactured Housing and Mobilehomes A. Purpose. This Section is intended to provide standards and criteria for the placement, design, and construction, of manufactured, modular, and mobile homes in residential districts consistent with Section 65852.3 et seq of the state Government Code. B. Definition. For the purposes of this Zoning Code, the terms "manufactured home" "modular home" and "mobilehome" shall mean the same thing, that is: a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. For purposes of simplicity, the term manufactured home is used in this Section. C. Mohilehome Parks. In accordance with Section 65852.7 of the state Government Code, mobilehome parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be as follows: minimum 30 percent common open area and minimum perimeter setbacks of 20 feet at any point and 25 feet average over the entire perimeter. 60-17 9.100- SUPPLEMENTAL NONRESIDENTIAL REGULATIONS c. Sufficient parking will be provided for the anticipated attendance. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the Fire Marshal. f. Security plans and facilities have been provided to the satisfaction of the Sheriff. g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 4. Activities conducted on property owned by or leased to the city and public road rights -of -way may require an encroachment permit issued by the Public Works Director. 5. The event shall not exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for approval under this Section. 6. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site to its condition before the event within seven days of the event's conclusion shall be required. 7. Other applicable permits such as building, electrical, health and tent permits, shall be obtained by the applicant. 8. Signs for the event shall be allowed as follows: a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft. b. Maximum one temporary portable sign on- or off -site on private property, not to exceed 55 sq.ft. c. Maximum 30 off -site temporary directional signs, 9 square feet in area, subject to the provisions of Section 9.160.060, Paragraphs C through H with the exception of Paragraph E. d. Maximum 15 bunting signs, with maximum size to be approved by the Director of Community Development. 100-14 GURALNICK & GILLILAND ATTORNEYS AT LAW WAYNE S. GURALNICK* 74-399 HIGHWAY 111, SUITE M INLAND EMPIRE OFFICI ROBERT J. GILLILAND, JR. PALM DESERT, CALIFORNIA 92260 3535 Inland Empire Blvd PEGGY REDMON Suite 1 MICHAEL B. ROVER TELEPHONE: (619) 340-1515 Ontario, CA 9176, FACSIMILE: (619) 568-3053 (909) 941-2581 OF COUNSEL * DENOTES PROFESSIONAL SILLDORF, BURDMAN LAW CORPORATION DUIGNAN & EISENBER( Attorneys at Lai PLEASE REFER TO FILE: 96-13 November 26, 1996 SENT VIA HAND DELIVERY City Council Members Planning Commissioners Mr. Jerry Herman, Planning & Development Director Mr. Chris A. Vogt, Public Works Director/City Engineer Mr. Fred Bouma, Associate Engineer CITY' OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Re: FAILURE TO COMPLY WITH REQUIREMENTS OF SPECIFIC PLAN, CONDITIONS OF TRACT MAP APPROVAL, AND SUBDIVISION IMPROVEMENT AGREEMENT BY KSL LAND CORPORATION AND J.M. PETERS FOR THE CITRUS COURSE, TRACT 24890 Dean Council Members, Planning Commissioners, and Messrs. Herman, Vogt, and Bouma: This office is general counsel for Citrus Course Homeowners Association, the Master Association for all existing residential units within the Citrus Course subdivision ("Master Association"). Through the course of my investigation and discussions with City staff members, I wish to bring the following issues to your attention: 1 * FAILURE TO COMPLETE INFRASTRUCTURE: a. Perimeter Wall: The developers of the Citrus Course have failed to complete the perimeter walls along Avenue 52 and Jefferson Street, which not only has an impact upon security concerns but also the aesthetics for the Citrus Course Homeowners, as well as all of the residents within the La Quinta community. GURALNICK & GILLILAND ATTORNEYS AT LAW City Council Members Planning Commissioners Mr. Jerry Herman, Planning & Development Director Mr. Chris A. Vogt, Public Works Director/City Engineer Mr. Fred Bouma, Associate Engineer Page 2 b. Perimeter Landscaping: The perimeter landscaping has not been installed on most of the exterior portions of the Citrus Course subdivision. My client is made up of many homeowners who take great pride in the aesthetics of their homes and have spent hundreds of thousands of dollars in improving the neighborhood. It is my client's belief that concern for the aesthetic surroundings should include the exterior areas of the subdivision, as required by the Subdivision Improvement Agreement, and that the City should ensure that the developers of the subdivision comply with those conditions forthwith. 2. COMPLETION OF INTERNAL STREETS: The internal streets of the Citrus Course have not been completed and have been left with only a base layer, without a final coat. We request your intervention to assure completion of these rules, consistent with the Building Standards of the La Quinta Municipal Code. 3. PROPOSAL BY KSL TO SET UP A SEPARATE MASTER ASSOCIATION: It is our understanding that KSL has suggested a separate and distinct Master Association for the proposed new tracts within the Citrus Course. Although we believe this is not legally permissible, in light of the Specific Plan and conditions for Tract Map approval, there are also potential inequities and confusion which could arise if there is a separate Master Association. For example, the Citrus Course Homeowners Association was created to maintain the gates on Avenue 52 and Jefferson, along with the existing streets within the subdivision. An additional master association would create confusion and legal problems as to any obligations which the second master association would have to pay for its allocable share of the gated entries and existing roads. Additionally, in order to maintain a harmonious architectural plan with consistent restrictions, one master association is required. In light of these potential problems, it is requested that the City deny any request by KSL and/or J.M. Peters to create a GUR.ALNICK & GILLILAND ATTORNEYS AT LAW City Council Members Planning Commissioners Mr. Jerry Herman, Planning & Development Director Mr. Chris A. Vogt, Public Works Director/City Engineer Mr. Fred Bouma, Associate Engineer Page 3 second master association within the Citrus Course subdivision.* 4. CURRENT STATUS: i In discussions with City Staff, including Jerry Herman, Chris Vogt, Fred Bouma, and Christy Orio, we understand that the City will allow two more building permits to be issued for all of the residential lots within the Citrus Course. After these are issued, the City will require that all of the foregoing issues be addressed and, most importantly, require that the above described infrastructure be completed in an expeditious 1 fashion. To this end, City Staff has requested that this office arrange a meeting between KSL, J.M. Peters and the Master Association at the City Hall in an attempt to resolve these matters. It is the Master Association's intent to facilitate such a meeting. However, we are pessimistic that these issues can be resolved, particularly in light of the fact that KSL and J.M. Peters cannot agree as to who is responsible for the infrastructure. In fact, the impasse between J.M. Peters and KSL has stymied any progress regarding these issues over the last three years. We are concerned that if no action is taken, another three years will occur before these issues are addressed. Thus, we believe it is important to inform the Planning Commission and the City Council about these problems, in light of the site development permit requested by KSL at today's hearing. Additionally, this letter shall confirm the Master Association's specific request that if there is any change in the position of the City of La Quinta Staff related to: (1) the issuance of building permits beyond the two described above, or ( 2 ) any issue whatsoever which would delay the completion of the infrastructure described above, the Master Association requests that prior written notice be given to this office, so input can be provided on these issues. The Citrus Course Homeowners Association does not object to a sub -association, such as a condominium association, to maintain its own budding areas. However, it does object to a second master association that would be responsible for the maintenance of streets, gated entry areas, perimeter landscaping, etc. GURALNICK & GILLILAND ATTORNEYS .AT LAW City Council Members Planning Commissioners Mr. Jerry Herman, Planning & Development Director Mr. Chris A. Vogt, Public Works Director/City Engineer Mr. Fred Bouma, Associate Engineer Page 4 We thank you for considering these issues and providing any assistance possible to your homeowner constituents within the Citrus Course Homeowners Association. Sincerely, GURALNICK & GILLILAND Wayne Gural�ick s_ WG/vl 96-130.126