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1995 07 25 PCA z t�Gl�cc/ 5 OF PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California July 25, 1995 3:00 P.M. **NOTE** ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED TO THE NEXT COMMISSION MEETING Beginning Resolution 95-030 Beginning Minute Motion 95-029 CALL TO ORDER - Flag Salute ROLL CALL PUBLIC COMMENT This is the time set aside for citizens to address t: a Planning Commission on matters relating to City planning and zoning which are not Agenda items. When addressing the Planning Commission, please state your name and address. WORKSHOP - Discussion of the Zoning Ordinance Update RECESS TO 7:00 P.M. PUBLIC COMMENT PUBLIC HEARINGS 1. Item ............ CONTINUED - PUBLIC USE PERMIT 95-016 Applicant ...... Desert Sands Unified School District Location ....... Northeast of the intersection of Dune Palms Road & 48th Avenue Request ........ Approval to construct District Educational Services Center with approximately 164,000 square feet of floor space Action .......... Resolution 95- , Minute Motion 95- PC/AGENDA 2. Item ............. MUNICIPAL CODE .AMENDMENT 95-045 Applicant ....... City of La Quinta Location ........ City-wide Request ......... Amendment to the La Quinta Municipal Code by revising Title 13 (Subdivision Regulations) Action .......... Resolution 95- , Resolution 95- 3. Item ............. VESTING TENTATIVE TRACT 27031 (MINOR CHANGE, AMENDMENT #1) - FIRST EXTENSION OF TIME Applicant ....... Washington Square Property Owners Location ........ North side of 47th Avenue, south of Simon Drive and Highway 111, east of Washington Street, and west of the future Adams Street Request ......... Approval of a one year time extenstion Action .......... Resolution 95- 4. Item ............. CONDITIONAL USE PERMIT 95-020 Applicant ....... Harold & Harriet Harris Location ........ East side of Caleo Bay :Drive south Lake La Quinta Drive Request ......... Approval of an 11-room Bed and Breakfast Inn Action .......... Resolution 95- & Minute Motion 95- 5. Item ............. PLOT PLAN 95-559 Applicant ....... Stonington Properties Location ........ North side of Highway 111, approximately 400 feet east of Simon Drive in the One Eleven La Quinta Shopping Center Request ......... Approval to allow construction of a commercial building of approximately 6,960 square feet of floor space Action .......... Resolution 95- & Minute Motion 95- BUSINESS ITEMS - 1. Item ............. CONTINUED - SPECIFIC PLAN 90-015 Applicant ...... KSL PGA West Corporation/Foster Land L.P. Location ....... East side of Madison Street, north of Airport Boulevard and west of Monroe Street Request ........ First Annual Review of an approved development plan that allowed 1,060 dwelling units on 265 acres Action ......... Minute Motion 95- 2. Item ............ CONTINUED - SPECIFIC PLAN 90-016 Applicant ..... KSL La Quinta Corporation/KSL Grove Land L.P. Location ...... Generally east of Jefferson Street, south of 50th Avenue, and north of 52nd Avenue Request ....... First Annual Review of an approved Development Plan that allowed 1,208 dwelling units and a Neighborhood Commercial project on 327 acres Action ......... Minute Motion 95- PC/AGENDA 3 0 Item ............ Applicant ...... Location ....... Request ........ Action .......... Item ............ Applicant ...... Location ....... Request ........ Action .......... CONSENT CALENDAR SPECIAL ADVERTISING DEVICE 95-068 (LEGENDS OF GOLF) Liberty Mutual - Paul Levandoski PGA West (TPC Stadium Golf Course) Approval of temporary off -site directional signage and flag bunting for the Legends of Golf Tournament at PGA West in March, 1996 Minute Motion 95- PLOT PLAN 95-554 Caal Theatres Corporation North side of Highway 111 midway between Washington Street and Adams Street in the One Eleven La Quinta Center Approval of a sign program and landscaping plans for an 8- plex movie theater Minute Motion 95- 1. Approval of the Minutes of the Planning Commission meeting of July 11, 1995. COMMISSIONER ITEMS. 1. Commissioner report of City Council meeting ADJOURNMENT STUDY SESSION Tuesday, July 25, 199.. Study Session Room NONE PC/AGENDA MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 25, 1995 SUBJECT: CHAMBER OF COMMERCE SIGN PROGRAM The Chamer of Commerce requested that the City Council consider the implementation of a Sign Program in the Village that would identify local business establishements. At that time, however, it was determined by the City Attorney that this request, if approved for the Chamber, would open the City up to allow off -premise signs (billboards) throughout the City. Following discussions with the City Attorney and input from the Chamber, staff recommends the following be included in the Temporary Sign Regulations of the Sign Ordinance: 1. The City would establish a City Sign Program; 2. The City would have the discretion to contract with a nonprofit or non -governmental agency to manage and maintain the signs; 3. The signs would be permitted in the City right-of-way; 4. The signs would be small directory/business signs on panels similar to the BIA signs; 5. The individual business identification panels would be rotated within the structure; 6. The individual panels would be rented to local businesses for a maximum of 11 months; 7. At the end of the 11 month, those business panels would be removed for a period of one month, and allowed to return after the one month period; 8. The nonprofit/agency would be permitted to collect revenues for installation and maintenance of the signs. The Chamber of Commerce has been made aware of this proposal and should be in attendance for discussion. T-itit 4 4 Q" MEMORANDUM TO: HONORABLE CHAIRMAN AND ).MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: JULY 25, 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance Update review occurred on July 11, 1995. At that time, the Planning Commission reviewed changes to Chapters 9.160 (Sign Ordinance). Due to the complexity of the ordinance and desire to thoroughly review the sign requirement, review only occurred through Section 9.160.030. Therefore, we are attaching the Sign Ordinance again for review along with additional Chapters. Those additional Chapters are: 9.200 (Discretionary Review), 9.210 (General Permitting Procedures), 9.220 (Discretionary Permits), 9.230 (Zone Changes and Code Amendments), 9.240 (General Plan Amendments), 9.250 (Specific Plans), 9.260 (Other Discretionary Actions), 9.270 (Fees), 9.280 (Nonconformities), 9.290 (Code Enforcement). RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update Chapters and note any revisions that may be appropriate at this time. Attachments: Excerpts from Zoning Ordinance Update (Chapters 9.160, 9.200, 9.210, 9.220, 9.230, 9.240, 9.250, 9.260, 9.270, 9.280, and 9.290). MEMOSS.242 "TA Draft.11"5 � �' CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent ............................ 1 9.160.020 Exempt Signs ............................... 1 9.160.040 Permanent Signs in Residential Districts ......... 5 9.160.050 Permanent Signs in Nonresidential Districts ....... 6 9.160.060 Permitted Temporary Signs .................... 9 9.160.070 Permitted Semi -Permanent Signs .............. 11 9.160.080 Sign Permit Review ......................... 13 9.160.090 Prohibited Signs ........................... 17 9.160.100 Existing Signs ............................. 19 9.160.110 Enforcement .............................. 20 9.160.120 Sign Definitions ............................ 21 9.160.010 Purpose and Intent. A. Purpose. These regulations are intended to implement the goals and policies of the G Plan by: l . Providing minimum standards to safeguard and enhance property values and protect pub] 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 information to the pi 4. Ensuring that signs effectively identify business and other establishments; 5. Preventing excessive and confusing signing displays t 6. Reducing traffic hazards and promoting the public health, safety, and welfare by minx visual competition among signs; 9.160.020 Exempt Signs. A. Signs not Requiring Sign Permits. The following signs do not require a sign permit no the area and number be included in the aggregate area or number of signs permitted for any pn or use. Such signs shall not be illuminated nor placed within any public right-of-way unless speci permitted hereinbelow. However, this exemption shall not be construed as relieving the sign oa the responsibility of. (1) obtaining any building or other permits required for sign erectio (2 any t) sign maintenance, or (3) compliance with applicable provisions of this Chapter or of her ordinance: 1-F � TABLE 9-...: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type I Placement I Max. Area I Dlumin In this Table: a "n/a" means not applicable or no restriction a "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/o officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice % LQZC V SIGNS [Dn k1m q E TABLE .*9-6—:'-EXEMPT SIGNS NOT REQUIRING SIGN PERMIT' Sig ype Mcen Max. lllumin Area CA W9"m"L. A=2. Wn residential districts, ;ili 4A M Building- mounted aggregate I Signs located in the interior of any building or enclosed n/a n/a YC outdoor arm which are designed and located to be viewed exclusively from within such building or outdoor area signs or tablets, stained glass windows, or dates Building- 3 sq/ft Nc of erection cut into the surface of a wall or pedestal or mounted or free - projecting not more than two inches standing 5. Directional, warning, or informational signs requirl:d by or n/a n/a Ye authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6.1 Window or 2 sq/ ft N4 building -mounted aggregate 3 sly. S" L RE Ll sm ecorations, clearly incidental and customary an4 n/a Na Y9 commonly associated wh any national, local or teligious e4y+OVO_� holiday. -"itA C*" Vell%$ rA Cd I aA i� 8. Sculptures,fountains, mosaics, and design featums which n/a n/a Y4 do not incorporate advertising or premise identification 9. Property signs (e.g_._'No rrespassing," "No Parking," etc.), Building- 3 sq/ft Y, informational/directional signs (e.g, "Restrooms," "Exit,18 mounted etc.) and warning signs (e.g. "High Voltage") or five -standing 10. Directional signs used to identify street entrances and exits, Building- 3 sqift Y, maximum three feet high if five -standing mounted or five -standing 11. Directional pavement marking n/a n/a 110 I Z-Ti;;ipaper 'stand identification----'. n/a 3 sq/ft N 13. fl­ =_­AWO ch&Hdm)avds Building- 3 sq/ft Indirec Or'PP24'A -o* mounted 14. _9V6'G!.*.1bQaFAd-S ft mounted 15. 'Signs affixed to motor vehicles which are regularly used _44hiele-mourifia- tdelivery; transportation, or services inconnectionwitir bus iiess or=ivity identified btrthe vehicle. I . Vending machine signs and automatic teller signs n/a n/a Y Temporary and Semi -Permanent Signs: See Sections _. and LQZC SIGNS - fDra . Flags, blems and InsiS or i ignias of a lion, political no ommercial, non rofit, or civic dis lays do not co commea pro essional names, p fessional se sol bartered, or iv away and p u s established by the overnme are invited to one per idential squ feet. Flags on no esi at . 'thin residential distric ras , non- uminated ,envbdivis n, or fraternal or re gious o 'on, d flal -haracter exempt from sign ermit req ' meats vide ial adve ' ement(s) such product vices, bus ess logos, or any 'cle or me handise 'ch vided su h displays comply 'th any gui elines cone ' or org lion represented. such flag , emblems, r in rcel with a um hei of 18 feet an a maxim an d property not exe from sign permi uire is re ated by Section ...; la �a��.s Zi C. Repainting. The repainting of a sign in original EeleFs shall not be considered an ere alteration which requires sign approval unless a structural change is made; 9.160.030 General Sign Standards. A. ApplicabilitySigns in the City of La Quinta, including exempt, permanent, semi -pen and temporary signs, are subject to the general standards of this Section. B. Interpretation of Provisions. Where a matter of interpretation arises regarding the pr of this Chapter, the more specific definition or more rigorous standard shall prevail. Wher Director determines that the application of any provision of this Chapter is uncertain, the issue referred to the Planning Commission for determination. C. Application of Standards. If the Director determines that a staff -reviewed sign conform to one or more of the general standards set forth in this Section, the applicant shall the option of modifying the sign, applying for a sign adjustment, a variance, or of appealing determination to the Planning Commission. D. Measurement of Sign Area. Sign area shall be measured as follows: '; 1. Basic Rule. Sign size or area shall bO defined as the entire area of the sign face, incha structural perimeter trim but excluding siructures or uprights on which the sign is s Z. Window Signs. Window sign area shall be considered to be the entire area of any si on or inside a window and not painted directly on the glass. For signs painted direr 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 lette on or otherwise affixed to the wall or window shall be considered to be the area, single continuous perimeter encompassed by a straight-line geometric figure whirl the extreme limits of the letters or other characters. LOW 0 Q 4 SIGNS [Draft. i 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any grot position at one time, its sign area shall be considered to be the area of either face tal separately. Thus, if the maximum permitted sign area is 20 sq.R., a double-faced sign may 11 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 consider to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maxim permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sqi 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs hav empty spaces between copy panels, shall be considered to be the entire area encompassed the sign face, including the empty spaces between panels. E. Measurement of Sign Height. Sign height shall be measured as follows: Building -Mounted Signs. The height of building -mounted signs shall be measured from 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 c. of the nearest street (or the edge of pavement of such street where there is no curb) to the of the sign or any vertical projection thereof, including supporting columns and/or des elements. However, in cases where the Director determines that a free-standing sign is oriented to any particular street or is too far from such a street to reasonably apply foregoing standard, sign height shall be measured from the average finish grade at the base the sign. F. Sign Placement. 1. Setbackfrom Street. Free-standing signs shall not be located within five feet of a street rig of -way nor within a corner cutoff area identified in Section .... 2. No Off -Premise Signs. All signs shall• be located on the same premises as the land use activity identified by the sign, unless specifically permitted to be off -premise in this Chap 3. Utility Lines. No sign shall be located closer to overhead utility lines than the dista prescribed by California law or by the rules duly promulgated by agencies of the state or the applicable public utility. 4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear visior pedestrian and vehicular traffic. 5. Public Right -of -Way. No sign shall be located within, over, or across a public right-of-v LQZC N SIGNS [Dra unless specifically permitted in this Chapter. G. Illumination. Illumination from or upon any sign shall be shaded, shielded, directed, or r so as to avoid undue brightness, glare, or reflection of light on private or public property surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. ' brightness" is illumination in excess of that which is reasonably necessary to make the sign rem - visible to the average person on an adjacent street. Muminated signs which face or are adji residentially zoned property shall be restricted to minimize the illumination, glare or reflection which is visible from the residentially zoned property. H. Maintenance. Any sign displayed within the City, together with supports, brace anchors, and electrical components, shall be maintained in good physical condition, inclw replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painte paint is required. The Director may, order the repair or removal of any sign determined by the to be unsafe, defective, damaged, pr substantially deteriorated. E3ui Ic�ivl I � I. Landscaping of Free -Standing Signs. All freestanding signs shall include, as part design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting and to improve the overall appearance of the installation. The applicant shall maintain all li areas in a healthy and viable condition. J. Inspection.All sign owners and users shall permit the periodic inspection of their sign City upon-mssenable notice. 10 aA►,)s K. Specific Plan Standards to Apply. Signs to be located within the boundaries of a spe or other special design approval area shall comply with the criteria established by such plan 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 9-... following are permitted in residential districts subject to al a sign permit per Section ...: - LQZC ��U SIGNS [Dr, .77777 ABLE.•9-."::PERMANENT'SIGNS PIERMTTTED IN RESIDE NTLAL DISTRICTS'WM-J:ASIGN PER1V+iTr Sip ype and' ::<' . • 1VIax. "" >Ma:..Area :: <Max. t. _tlluminatiioa.:.:: ;A .: pd ` �• Placement"-*'';:,...°.< :<Number .. (sq/lt) :... Note: .:. .:...:. ..:::. . .:. ... :.:. .. • Freestanding signs shaVnot be located within Sofa street right• -of Way nor within a comecim citi id :<. entified .::" :::: <; in Section: • "II)�' means identification sign.. ; • : ' . Free-standing project/neighborhood 2 per entry 24 6 R Indirect only 1 monument sign pen entry monument sign street on each side of street • Free-standinga apartment 2 per entry 18 6 ft- Indirect only 1 permitted on each si complex ID sign entry drive to the cow auWing-inounted. apartment building ID I per street frontage is TOP of"aft indirect only For single apt. bldgs c sign - _ above for multi-bld g complexes. Building -mounted or free-standing directory 1 per entrance to I8 Top ofv"or Direct or Signs are to be design sign for multi -tenant building or 6 & if free- standing indirect for all signs oriented to direct pedi traffic buildings or complexes complex Building -mounted or free-standing apartment 1 of either 12- 'fepef sk" • Indirect only Permanent sign givinl rental per street frontage �`�'� 6 ft- if free- information for build! (permanent) standing complexes containing more units -ewe Cliatrch and Institutional • 1 free- 24 6 ft. Direct or I sign may be change Uses standing indirect for copy all signs • 2 bidg- 24 aggreg. Top of wall mounted Signs exempt from sign permit approval: See Section .— 'Temporary and semi -permanent signs: See Sections .-. and... 9.160.050 Permanent Signs in Nonresidential Districts. Signs identified in Table 9-... following are permitted in nonresidential districts subject to a of a sign permit per Section ...: LQZC 00 -�1 Ws iM 11�14:Vb'i.o+f� Sy � ���.,�,!.�•l�it� • I SIGNS -- (Drq Permanent-*inddoow/ rm - � per• window 10°ro nn• dhow da _/�io see sectco j signs p,9Y signs allot Free-standinilD sign 1 per street frontage .25 sq/ft per 8 ft. Indirect only Aggregate t for multi -tenant lineal ft. of street area may i building or multi- front -age up to combined building shopping max. of 50 sq/ft street fror center or other per sign and 100 commercial or office sq/ft aggregate complex--- for all signs Building -mounted ID 1 flush -mounted plus DSO sg/ft Tap of itu�, lnci �� sign for individual I under -canopy per aggregate ytail commercial or office tenant frontage along "! � ��� t� �,C ` � I k r"AL" iaf Q �•�, tenants a street or along a ; fa A �_,. b d► =it�; i, ,q . common -use parking �� ,., „ :.,-, > .• fllot with no direct -3Y�f� ,,• ; - . street frontage Free-standing ID sign 1 50 sq/ft 8 ft. In for individual bldg has commercial or office ft. of stye bldg. frontage Building -mounted ID 2 1 sq/ft per lineal Top of Direct or sign for individual ;s t '_ . ft. of bldg • wall indirect for all commercial or office fm u 4c along a signs bldg. max. sum p to f50•sq/ft aggregate Building -mounted or 1 per entrance to 18 sq/ft Top of Direct or Signs ar free-standing directory building or complex wall or 6 indirect designe sign for mull -tenant ft. if free- orieuxc bldgs or complexes ceding Hotels and motels 1 five -standing, 2 �0 sq/ft for free- 12 ft. Indirect only Allowe building -mounted standing sign fatfree- aloneih and 100 sq/ft standing. motel aggregate for all Dvect or not pir signs indirect for d-u bldg-mounted LQZC A G7 SIGNS ::..::. . .-PERMANENT SIC:NS PERINIITTED IN NONRESIDENTIAL u :.....: I C'TS*WITH*A SIGN PERNIIT- Sign Type.anai.: :: Max. clamber . :.::.:.... :.. Max. Area� Maz:.:.' YlIumn�tioa AAditfoi -Placement . .. ..:.... ,:; .:: . ' H eight '. .. ;� R u eq reQ Gas/service stations I free-standing sign sq/ft 8 R Direct or Allowedon] per street frontage, indirect for all stations whip combining business signs not accessot identification and gas other uses. prices price sign m show the lom 1 building-mounted --42itft­- Top of price per ga ID wall all gmda, including to Theaters, cinemas, and 1 free-standing and I Aggregate Top of Direct or cabarets building -mounted allowed: 20 sq/ft wall or 12 indirect for all sign, of which 1 sign plus 10 sq/ft per ft. if free- signs may be combination screenistage standing ID and attraction over 1, up to a board max. of 40 sq/ft Top of l building -mounted 6 sq/ft each wall Indirect only coming -attraction poster per screen or stage Church and • 1 free-standing 24 6 & Direct 1 of the alli Institutional Uses or signs may i • 2 bidg-mounted 24 aggreg. Top of indirect for all an attractio wall signs Signs exempt from sign permit approvals See Section ... iL Temporary and semi -permanent signs: See Sections ... and .- 1V" 1!�/Wr� pr,fi� LQzC D ✓ 0I9 SIGNS 9.160.060 Permitted Temporary Signs. [Draft: j A. Definition. "Temporary sign" means any sign which is intended to be posted for a maxims of 60 days. Temporary signs include without limitation: political campaign signs, special event sil garage sale signs, search lights, real estate for sale, for lease, for rent or open house signs, and seasc sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive c nor shall such temporary sign or sign displaying similar messages regarding the same event, if which is the subject of such temporary sign be reposted upon the same site,or site which is visible f the original site, within 90 days of the removal of the original temporary sign. In addition, all tempo signs shall be removed within seven days after the occurrence of the event, if any, which is the sut of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date a temporary sign promoting a candidate in a particular election). The date of posting shal 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 Sec temporary signs placed on public property may not exceed six square feet in area, and temporary s placed on private property may not exceed 12 square feet in area. The aggregate area of all tempc signs maintained on any private property parcel of real property in one ownership may not excee square feet. Area shall be calculated on the basis of the entire Sign area, as defined in Section .... D. Maximum Height. Temporary signs which are placed on public or private property ma, exceed six feet in height. Temporary signs which are posted, attached or affixed to pr multiple -floor buildings must not be higher than the finished floor line of the second floor of buildings and temporary signs which are posted, attached or affixed to private single -floor buil< shall not be higher than the eaveline or top of wall of the building. All heights shall be measured t highest point of the surface of the sign. E. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, electric or power or telephone wires, poles or appendages, Hydrants, trees, shrubs, tree stakes or guards, p bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoy: preservers, lifesaving equipment, street signs, or traffic signs or signals. temporary signs shall be p no closer than five feet from the edge of the paved area of any public road or street. Temporary shall be placed no less than 200 feet apart from identical or substantially similar temporary Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street or signals or emergency equipment. F. Sign Permit Required. Any person, business, campaign organization, or other entit} proposes to post: (a) more than five temporary signs on private or public property which will be ,% simultaneously within the boundaries of the City, or (b) temporary signs larger than the max allowed size shall make application to the Planning and Development Department for a sign pe LQZC SIGNS [Draft. 1/ 1. Statement of Responsibility Required Each applicant for a temporary sign permit shall subrr to the Planning and Development Department a statement of responsibility certifying a natm person who will be responsible for removing each temporary sign for which a permit is issw by the date removal is required, and who will reimburse the City for any costs incurred by t] City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Planning and Development Department's receipt of temporary sign permit application, the Director shall approve or disapprove su application. If the Director disapproves an application, the notice of disapproval sh specify the reasons for disapproval. The Director shall approve or disapprove any perr application for temporary signs based on character, location, and design, including desi elements such as materials, letter style, colors, illumination, sign type or shape, and i provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess ten temporary signs on private or public property which will be visible simultaneously 5 a single location and orientation within the boundaries of the City. c. The Director may approve a permit application for temporary signs which are proposec exceed the maximum size allowed under Subsection C of this Section upon making following findings: (1) Additional size is necessary to make the temporary sign visible or readable to intended audience. (2) The size of the temporary sign is no larger than necessary to make the sign visible readable to its intended audience. (3) The additional size of the temporary'sign is not likely to harm the public health, sa or welfare. d. The Director's decision with respect to a permit application for a temporary sign mal appealed to the Planning Commission. G. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, sa and good repair. 2. Removal from Public Property. If the Building Inspector determines that a temporary cQzC (Q I SIGNS [Draft: located on public property is unsafe or insecure, is a menace to public safety or has t constructed, erected, relocated or altered in violation of this Section, it may be remo summarily. If the sign contains identification, the owner shall be notified that the sign ma; recovered within three days of the date of notice. 3. Removal from Private Property. If the Building Inspector finds that a temporary sign loc., on private property is unsafe or insecure, is a menace to public safety or has been construc erected, relocated or altered in violation of this Section, the Inspector shall give written nc to the owner of the temporary sign, or the person who has claimed responsibility for temporary sign pursuant to Subsection F of this Section, that the temporary sign is in viola of this Section, shall specify the nature of the violation, and shall direct the owner of temporary sign or responsible person to remove or alter such temporary sign. If the Builc Inspector cannot determine the owner of the sign or person responsible therefor, he shall such notice on or adjacent to each temporary sign which is in violation. If the owner of temporary sign or the person responsible therefor fails to comply with the notice within days after such notice is mailed, delivered or posted, the temporary sign shall be deer abandoned, and the Building Inspector may cause such temporary sign to be removed and cost thereof shall be payable by the owner or person responsible for the temporary sign tc City. 9.160.070 Permitted Semi -Permanent Signs. A. Definition. "Semi -permanent sign" means a sign which is intended to be erected or posted a minimum of 61 days and a maximum of one year. B. :Maximum Time Periods. No semi -permanent sign shall be posted for more than one yea addition, all semi -permanent signs shall be removed within ten days after the occurrence of the eN if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent advertising the future construction of a facility on the site shall be removed within ten days after facility has received a certificate of occupancy, and a model home complex identification sign sha removed within ten days after the model homes are completed and sold). The date of posting sha permanently and legibly marked on the lower right-hand comer of the face of the sign. C. Maximum Sign Area. semi -permanent signs may not exceed 32 square feet in area, and., not exceed ten feet in height. The aggregate area of all semi -permanent signs placed or maintains any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calcul on the basis of the entire sign area, as defined in Section .... D. .Maximum Height. Semi -permanent signs may not exceed six feet in height. Semi-perma signs which are posted, attached or affixed to multiple -floor buildings must not be higher thar finished floor line of the second floor of such buildings and such signs posted, attached or affixt single -floor buildings shall not be higher than the eaveline or top of wall of the building. All hei LQZC SIGNS [Draft: li shall be measured to the highest point of the surface of the sign. E. Placement Restrictions. Semi -permanent signs may not be posted on public property, defined in Section .... Semi -permanent signs may not be posted in a manner which obstructs t visibility of traffic or street signs or signals or emergency equipment. temporary signs may not posted on sites approved for semi -permanent signs unless specifically authorized by the semi-permam sign permit. F. Sign Permit Required. Any person, business, campaign organization, or other entity w proposes to post or erect a semi -permanent sign shall make application to the Planning a Development Department for a semi -permanent sign permit. 1. Statement of Responsibility Required. Each applicant for a semi -permanent sign permit sh submit to the Planning and Development Department a statement of responsibility certifyi a natural person who will be responsible for removing each semi -permanent sign for whic permit is issued by the date removal is required, and who will reimburse the City for any cc incurred by the City in removing each such sign which violates the provisions of this Secti 2. Standards for Approval. LOW a. Within ten business days of the Planning and Development Department's receipt c temporary sign permit application, the Director shall approve or disapprove si application. If the Director disapproves an application, the notice of disapproval sl specify the reasons for disapproval. The Director shall approve or disapprove any per application for temporary signs based on character, location, and design, including des elements such as materials, letter style, colors, illumination, sign type or shape, and provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess ten semi -permanent signs on private or public property which will be visible simultaneoi from a single location and orientation within the boundaries of the City. c. The Director may approve a permit application for semi -permanent signs which proposed to exceed the maximum size allowed under Subsection C of this Section u making the following findings: (1) Additional size is necessary to make the semi -permanent sign visible or readable v intended audience. (2) The size of the semi -permanent sign is no larger than necessary to make the sign vi: or readable to its intended audience. 013 SIGNS Draft: , (3) The additional size of the semi -permanent sign is not likely to harm the public hea safety or welfare. d. The Director's decision with respect to a permit application for a semi -permanent sign r be appealed to the Planning Commission. G. Time Extensions. The applicant may apply for a time extension of up to one year from the i of expiration. The Planning and Development Director shall approve the application for an extent of time upon finding that the semi -permanent sign is otherwise in compliance with the requiremi of this Section and that the time extension is necessary to accomplish the purposes for which the se permanent sign has been posted. H. Maintenance and Removal of Semi -Permanent Signs. Maintenance. All semi -permanent signs shall be constantly maintained in a state of secu safety and good repair. 2. Removal.If the Building Inspector finds that any semi -permanent sign is unsafe or insect is a menace to public safety or has been constructed, erected, relocated or altered in viola of this Section, the Inspector shall give written notice to. the owner of the semi -permanent s or the person who has claimed responsibility for the semi -permanent sign pursuan Subsection F of this Section, that the semi -permanent sign is in violation of this Section, s specify the nature of the violation, and shall direct the owner of the semi -permanent sig responsible person to remove or alter such semi -permanent sign. If the Building Inspe cannot determine the owner of the sign or person responsible therefor, he shall post such nc on or adjacent to each semi -permanent sign which is in violation. If the owner of the s4 permanent sign or the person responsible therefor fails to comply with the notice within days after such notice is mailed, delivered or posted, the semi -permanent sign shall be dee abandoned, and the Building Inspector may cause such semi -permanent sign to be removed the cost thereof shall be payable by the owner or person responsible for the semi -perms sign to the City. ' 9.160.080 Sign Permit Review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permi the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property w the city, unless the review procedure is exempt under Section ... of this Chapter or other provisioi this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all c applicable laws and ordinances. Signs legally existing prior to the effective date of the ordin codified in this Chapter shall not require approval until such time as the sign is moved, structu altered, changed or relocated; at which time, the review and approval provisions of this Chapter apply before a sign permit and/or building permit is issued. LQZC 014 SIGNS [Draft: I/ B. Submission Materials. The following shall be submitted by the applicant to the Planning ai Development Department at the time of permit application unless otherwise modified by the Plannb and 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 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, colc materials, proposed copy and illumination method; b. Site plan indicating the location of all main and accessory signs existing or proposed for site with dimensions, color, material, copy, and method of illumination indicated for ea c. Building elevations with signs depicted (for building -mounted signs). C. Review Procedures: Standard Sign Application. 1. The standard sign application is used by the Planning and Development Department to pro( the following sign applications using the standards and provisions contained in this Char a. Two or less permanent signs; b. The modification of signs within a previously approved planned sign program pursuar Subsection ... of this Section. 2. The Planning and Development Director or other authorized staff member shall rep standard sign applications and shall make a determination to either approve, approve modification, or deny the application. The review shall consider the size, design, co character and location of the proposed signs. 3. A standard sign application shall only be approved after a fording that the proposed sil consistent with the purpose and intent of this Chapter and the regulations herein. D. Review Procedures: Planned Sign Programs. LQZC SIGNS [Drat: 1. Planned sign program review is required for submissions with more than two permanent si in conjunction with review of a site development permit by the Planning Commission, o: requests for sign adjustments to signs previously approved under the planned sign prop pursuant to Subsection ... of this Section. 2. The Design Review Board shall review applications made under the planned sign program make recommendations to the Planning Commission. 3. The Planning Commission shall make a determination to either approve, approve modifications, or deny planned sign program applications; 4. The Planning Commission, upon completion of its review, may attach appropriate condil to any sign program approval. In order to approve a planned sign program, the Commi: must find that: a. The sign program is consistent with the purpose and intent of this Chapter; b. The sign or signs are in harmony with and visually related to: (1) Other signs included in the planned sign program. This shall be accomplishe incorporating several common design elements such as materials, letter style, cc illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, cc or design motif included in the building being identified. (3) Surrounding development. Approval of a planned sign program shall not adve: affect surrounding land uses or obscure adjacent conforming signs. 5. Modification of signs within a previously -approved sign program shall be made it following manner: LQZC a. The Director may approve the following -modifications using the provisions of the star sign program. However, at the discretion of the Director modification requests ma referred directly to the Design Review Board for recommendation and the Plain Commission for action. (1) Up to a twenty-five percent increase in the sign area and/or dimensions; (2) Relocation of sign(s) to a new position on the same building elevation or frontage; (3) Change in method of permitted illumination or the lighting of signs. mow'►rn �' �,,� ���~� b. All other modification requests will be reviewed by the DesigmReviewiiawd and appr by the Planning Commission using the provisions of the planned sign program. 016 SIGNS [Draft: 1 c. For purposes of this Subsection, exempted signs shall not be included in the abc calculations. E. Sign Adjustments. Adjustments to permit additional sign area, additional numbers of signs, alternative sign location, an alternative type of signage, new illumination or additional height may granted by the. Planning Commission. The applicant for a planned sign program application it request the adjustment in writing on forms provided by the Planning and Development Department' PIanning Commission must find that one or more of the following facts exist when an adjustmer made: 1. Additional Area: a. To overcome a disadvantage as a result of an exceptional setback between the street and 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 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 exisl when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively nai in proportion to the average width of the lot. 2. Additional Number: To compensate for inadequate visibility, or to facilitate good de balance. 3. Alternative Locations: LQZC a. To transfer area from one wall to another wall or to a free-standing sign upon the fin that such alternative location is necessary to overcome a disadvantage caused b unfavorable orientation of the front we to the street or parking lot or an except setback; b. To permit the placement of a sign on an access easement to a lot not having street fron at a point where viewable from the adjoining public street. In addition to any requirements, the applicant shall submit evidence of the legal right to establish and mai a sign within the access easement; c. Additionally, alternative on -site locations may be granted in order to further the inters purposes of this Chapter or where normal placement would conflict with the architec design of a structure. 0ll SIGNS [Draft: 4. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) or site and improve the overall appearance on the site. 5. Additional Height: To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. 1. When revisions to sign plans are required as a condition of approval, the applicant shall sul the required number of copies of the revised plans to the Planning and Developr, Department to be stamped "Approved." The department will retain copies and a set wil returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all requ applications, plans, bonds. and fees to the building and safety department of the Planning Development Department for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. 1. Approval of a standard application or planned program application shall expire one year f its effective date unless the sign has been erected or a different expiration date is stipulate the time of approval. Prior to the expiration of the approval, the applicant may apply tc Director for an extension of up to one year from the date of expiration. The Director may n minor modifications or may deny further extensions of the approved sign or signs at the i of extension if the Director finds that there has been a substantial change in circumstanc 2. The expiration date of the sign approval(s) shall automatically be extended to concur with expiration date of building permits or other permits relating to the installation of the sigi A sign approval shall expire and become void if the circumstances or facts upon which approval was granted changes through some subsequent action by the owner or lessees that the sign would not be permitted per d&Chapter under the new circumstances. H. Appeals. Any decision of the Planning and Development Director made pursuant to this Chapter ma appealed to the Planning Commission and decisions of the Planning Commission may be appeale the City Council. The appeal must be made within 15 calendar days of the decision date, in accord with Section .... 9.160.090 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to remove the City at the owner's or user's expense. Prohibited signs include the following: LQZC 018 SIGNS [Dr 1. Any sign not in accordance with the provisions of this Chapter, 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 1 4. Tra ler d purposes; vehicles and used for advertising or dir 5. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays 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 lc 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 s 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign o: 13. Signs which, by reason of their size, location, movement, content, coloring, or m illumination may be confused with or construed as a traffic -control sign, signal, or d the light of an emergency or radio equipment vehicle, or which obstruct the visibili traffic or street sign or signal deviceL 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or, traffic 15. Signs located upon or projecting over public streets, sidewalks, or rights-of-wa 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, whethe or not. cQaC 019 SIGNS 18. Signs located closer to overhead utility lines than the minimum distance press California law, or by the rules duly promulgated by agencies of the state or by the a; public utility. 19. "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant 20. Portable signs, such as A-fiame type; c� so 21. Neon signs, except those specifically approved as an activity's major identification 22. Signs drawn or painted onto or otherwise affixed to trees or rocks; 23. Advertising statuary; 24. Any temporary sign or banner, unless specifically permitted in this Chapter, 25. Commercial signs on bus stop benches or enclosures. 9.160.100 Existing Signs. A. Legal Nonconforming Signs 1. Every legal sign in existence on the effective date of this Code which does not confo; provisions of this Chapter but which was in conformance with City sign regulations prior to said effective date, shall be deemed a legal nonconformity and may be conti maintained provided: a. The sign is properly maintained and does not in any way endanger the public; w b. The sign was covered by a valid permit or variance or complied with all applicabb the date of adoption of the ordinanceadified in this Chapter. 2. No nonconforming sign shall be changed to another nonconforming sign, change manner that increases the sign's noncompliance with the provisions of this Cher expanded or structurally altered so as to extend its useful life. This restriction does not change of sign copy or normal maintenance. 3. Any nonconforming sign which is damaged or destroyed beyond 50 percent its valu removed or brought into conformity with the provisions of this Chapter. The deter whether a sign is damaged or destroyed beyond such 50 percent of value shall res Planning and Development Director and shall be based upon the actual cost of reply sign. LQZC 02( SIGNS [Draft. IA 4. The burden of establishing a sign as legally nonconforming under this Section rests upon d person or persons, firm or corporation claiming legal status for a sign. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violate applicable provisions of this Chapter shall be deemed illegal. If the Director determines a sil to be illegal, the Director may order the property owner and/or sign owner to remove the sil or may require other actions to ensure compliance with this Chapter. Further, in order discourage the erection of signs without a permit, the Director may require that such illegall erected signs be removed prior to review. If the Director determines that such removal is n feasible, such illegal signs shall be subject to a tripled sign permit application fee conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or whi pertains to any occupant or business unrelated to the premises' present occupant or busine; or which pertains to a time, event or purpose which no longer applies shall be deem abandoned. Such signs shall be removed within 90 days after the associated enterprise occupant has vacated the premises or within 90 days after the time, event, or purpose whi no longer applies has ended. Any such sign not removed within the required period sh constitute a nuisance and shall be subject to removal per Section .... C. Unsafe Signs. Any sign deemed by the City to be a danger to the public under any applicai ordinance or other statute shall be repaired or altered to as to be deemed safe by the City or shall removed pursuant to Section .... D. Expired Temporary and Semi -Permanent Signs. A temporary or semi -permanent sign wK remains posted beyond the time limits set out therefor in Sections ... and ... respectively shall removed. 9.160.110 Enforcement and Sign Removal. - A. Enforcement Responsibility. It shall be the duty of the Director or the Director's authori: representative to enforce the provisions of this Chapter. B. Authorization for Sign Removal. The City may remove or cause to be removed any sign wh the Director has determined is subject to removal under Section ... or other provisions of this Codi other applicable ordinance or law. C. Sign Removal Procedures. 1. Methods of Removal. The removal of any terminated and/or illegal sign shall be by one combination of the following procedures,. LQZC 021 SIGNS (Draft: a. Immediate Removal. Any sign which does not comply with this Chapter must be rem( immediately by the business owner or property owner or such sign may be removed bl City. No prior written notice must be given by the City, except a written notice sha provided for legally permitted temporary or semi -permanent signs which have exF pursuant to Sections ... or .... b. Public Nuisance. The City may use the public nuisance procedures contained in Chapt of this Code to cause removal of any sign subject to removal under the provisions of Section. 2. Removal Costs. Any sign removed by the City may be retained for 15 calendar days any owner notified. If the sign is not claimed, it may be destroyed. The Director may im charges related to City removal of signs. The expense of such removal and any subseq storage shall be a lien against the property on which the sign was maintained and an oblig; against the property owner. Notification.The City may send an official termination notice by certified mail to the ova of the property upon which a terminated or unlawful sign is located. The notice shall ide: why the sign is to be removed and indicate the removal period to be within 15 calendar from the date the notice is sent. Should the sign not be removed within the time p( specified, the City may remove or have the sign removed and the costs charged to the prof owner. If the removal costs have not been paid and the sign not reclaimed within 30 cale days of the removal by the City, the City may sell or otherwise dispose of the sign and a the proceeds towards the original removal costs. Any proceeds in excess of the cost of rerr shall be paid to the property owner. As an alternative method of recouping costs, the City lien the property as provided in the California Enforcement Code. 4. No City Liability. Neither the City nor any of its agents shall be liable for any damage to a which is removed under this Section. D. Legal Action. In response to any violation ofthe provisions of this Chapter, the City may to file a criminal complaint against the violator; issue a citation to the violator for an "infrac pursuant to California Government Code Section 36900, or institute a civil action in a cou competent jurisdiction. 9.160.120 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 vaca unoccupied or which pertains to any occupant or business unrelated to the premises' present occi or business, or a sign which pertains to a time, event or purpose which no longer applies. LQZC 4 SIGNS [Draft: IA B. "Accessory sign" means a sign whose copy refers to the products, facilities, or servici available on the premises. C. "Advertising statuary" means an imitation or representation of a person or thing which sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public propel or on private property so as to be visible from a public right-of-way which has attached thereto, located thereon, any sign or advertising device for the basic purpose of providing advertisement products or directing people to a business or activity located on the same or nearby property or a other premises. This provision is not to be construed as prohibiting the identification of a firm or principal products on a vehicle operating during normal course of business. Public buses or taxis exempt from this prohibition. E. "Animated sign" means any sign which includes action or motion or the optical illusion action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, set in motion by movement of the atmosphere. Excluded from the definition are public service messi center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changea without the use of tools, such as a theater marquee, and which refers to products, services, or com: events on the premises. G. "Banner" or "banner sign" means a sign hung either with or without frames, possessing writ 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 cc I. 'Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices,1, and -found notices, business cards, and similar small"informal notices referring to products, servil activities, or other items not offered on the same premises. The term bulletin board shall not incl business identification signs or attraction boards. J. "Building -mounted sign" means a sign affixed to a building, painted directly on a wal] erected against the wall of a building. Building -mounted signs include awning signs, fascia si 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 connected to a building and/or columns and posts from the ground, or supported by a frame exten from the building and/or posts from the ground.. LQZC 023 SIGNS (Draft: A "Construction sign" or "future facility construction sign" means a sign containing informs pertaining to a future development on the site where the sign is located, including the name of project, the developer, contractor, financing source, future occupant(s), and other information dir( related to the development. N. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symi representations incorporated onto the face of a sign. O. "Development" means a building or group of buildings which function as an integrated w and which have common access and/or parking facilities. P. "Directional sign" means any sign which is designed and erected solely for the purpo: traffic or pedestrian direction and which is placed on the property to which or on which the publ directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "e "parking in rear," "15 miles per hour," "no left turn"). Q. "Director" or "Planning and Development Director" means the Planning and Develops Director for the City of La Quinta or the Director's authorized agent or representative. R. "Electronic message board sign" means a sign with a fixed or changing display compose a series of lights, but does not include time and temperature displays. S. "Exempt sign" means a sign which is designated in this Code as not subject to cc regulations. T. "Face of building wall" means the outer surface of any main exterior wall or foundation building, including windows and store fronts. U. "Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed building projecting not more than six feet from the building face immediately adjacent thereto. Such a wall enclose at least three sides of the projecting flat roof -and return to a parapet wall or the building, V. "Flag" means a visual display device with or without copy, made of flexible material, us cloth, paper, or plastic. W. "Flashing sign" means any sign which contains an intermittent or flashing light source or v includes the illusion of intermittent or flashing light by means of animation or an externally mot intermittent light source. Excluded from the definition are public service message center signs. X. "Free-standing sign" means a sign supported upon the ground and not attached to any buil This definition includes monument signs, pylon signs, ground signs and pole signs. Y. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to anne LQZC 024 SIGNS sale of a used item or items. [Draft: 1/ Z. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and addre of a building, business, office, establishment, person, or activity. AA. "Illumination" means the method by which a sign is lighted so as to be readable at night. T 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 shin through translucent sign copy or lighting via neon or other gases within translucent tubi incorporated onto or into the sign face. 2. "Indirect illumination" means the lighting of an opaque sign face from a light source mount in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lig] mounted into the copy and shining rearward onto the face to form a lighted "halo" around t copy (e.g. "reverse channel" letters). BB. "Landscaping" means any material used as a decorative feature, such as shrubbery or planti materials within planter boxes or concrete bases, used in conjunction with a sign which expresses 1 theme of the sign and related structure but does not contain advertising copy. All landscape areas sb be maintained in a healthy and viable condition for the life of the sign. CC. "Logo" means a trademark or symbol of an organization. DD. "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mans, roof" is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degr or greater with the horizontal plane. EE. "Monument sign" means a free-standing sign mounted on a low -profile solid base or a fer, or a free-standing wall, as distinguished from support by poles. FF. "Multiple -building complex" means more than one structure on a parcel of land hous commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mg and which is designed to provide an area in which the public can obtain varied products and servic Distinguishing characteristics of a multiple -building complex may, but need not, include come ownership of the real property upon which the center is located, common -wall construction, . multiple -tenant commercial use of a single structure or structures in multiple buildings. GG. "Multiple -tenant (commercial) building" means a commercial development in which tl exists a number of separate commercial activities, in which there are appurtenant shared facilities (s as parking or pedestrian mall), and which is designed to provide a single area in which the public obtain varied products and services. Distinguishing characteristics of a multiple -tenant commer building may, but need not, include common ownership of the real property upon which the cents LQZC �4� SIGNS [Draft: located, common -wall construction, and multiple -occupant commercial use of a single structure. HH. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing it on any part of the sign structure. II. "Off -premise sign" means a structure which bears a sign which is not appurtenant to the of the property where the sign is located or a product sold or a service offered upon the property wh the sign is located, and which does not identify the place of business where the sign is located purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defi as off -premises signs as used within this Chapter. JJ. "On -premise sign" means a sign referring to a person, establishment, merchandise, sery event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on premises where the sign is located. KK. "Parapet wall" means a wall extending above the plate line of the building. LL. "Permanent sign" means any sign which is intended to be and is so constructed as to 1 lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) position and in a permanent manner affixed to the ground, wall or building, provided the sign is IL as a permanent sign in this Chapter. MM. "Pole sign" means a free-standing sign directly supported by a pole or poles with air sl between the grade level and the sign face. NN. "Political campaign sign" or "political sign" means a sign indicating the name and/or pic of an individual seeking election to a public office, or relating to a forthcoming public elect referendum, initiative, or to the advocating by persons, groups or parties of political views or polio 00. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design readily movable and is equipped with wheels, casters or rollers or which is not permanently affixe the ground, structure or building, or a sign upon'a vehicle or trailer used as a stationary adverti display, the primary purpose of which is to serve as a base or platform for the sign. (Also inch sidewalk or sandwich board signs). PP. "Projecting sign" means any sign with two parallel faces no more than eighteen inches a projecting twelve inches or more from the wall or eaves of a building. No guy wires, brace., secondary supports are visible. QQ. "Private Property" means any property other than public property. RR. "Public Property" means any real or personal property in which the City or any c governmental entity or any publicly regulated utility company possesses an ownership interest. Pt LQZC 026 SIGNS [Draft: 1 t' h� property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp pc hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, p or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any light system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, stn sign, traffic sign or signal, street median, public park, or other publicly owned property or structw SS. "Public service message center sign" means an electronically or electrically controlled sign portion of a larger sign which conveys only information such as time, date, temperature, atmosphc condition or general news information where different alternating copy changes are shown on the sa lamp bank matrix. TT. "Real estate sign" means a sign advertising the sale, lease or rent of the property upon wh it is located and the identification of the person or firm handling such sale, lease or rent. UU. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building placed above the apparent flat roof or eaves of a building. VV. "Seasonal sales sign" means a sign used to advertise a business or merchandise 1 seasonally for a limited interval, all or most of whose business is conducted or whose merchandis displayed in an outdoor area. WW. "Sign" means any medium for visual communication, including copy, structure, component parts, which is used or intended to be used to attract attention to, identify, or advertise establishment, product, service, activity or location., or to provide information. XX. "Sign area" means the following: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including i structural perimeter trim but excluding structures or uprights on which the sign is suppoi 2. Window Signs. Window sign area shall be"considered to be the entire area of any sign ph on or inside a window and not painted'diiectly on the glass. For signs painted directly or 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 pai on or otherwise affixed to the wall or window shall be considered to be the area within single continuous perimeter encompassed by a straight-line geometric figure which encl 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 gn position at one time, its sign area shall be considered to be the area of either face t. separately. Thus, if the maximum permitted sign area is 20 sq.ft., a double-faced sign may an area of 20 sq.ft. per face. - LQZC 027 SIGNS [Draft. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be consid to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maxir permitted sign area is 20 sq.R., the maximum allowable area for each face is only five si 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs ha empty spaces between copy panels, shall be considered to be the entire area encompasse the sign face, including the empty spaces between panels. YY. "Sign face" means the exterior surface of a sign exclusive of structural supports, on whi, placed the sign copy. ZZ. "Sign height", "height of sign", or "height" means the following: For building -mounted signs, the distance from the average finish grade directly benead sign to the top of the sign. 2. For free-standing signs, the distance from top of curb of the nearest street (or the edi pavement of such street where there is no curb) to the top of the sign or any vertical proje4 thereof, including supporting columns and/or design elements. However, in cases when Director determines that a free-standing sign is not oriented to any particular street or is to from such a street to reasonably apply the foregoing Standard, sign height shall be meal from the average finish grade at the base of the sign. AAA. "Sign permit" means an entitlement from the City to place or erect a sign. BBB. "Sign program" means the method of review'and approval of signs by one of the folio, two procedures: 1. Standard sign application. The review and approval of standard sign applications f conducted by the Director of Planning and Development consistent with the regulation; standards as identified for various signs urthis Chapter. 2. Planned sign program. The review and approval of applications for signs under this prof is conducted by the Planning Commission. The Planning Commission may exercise discs to provide additional flexibility in the application of the regulations of this Chapter. CCC. "Sign structure" means the structural supports, uprights, and bracing for a sign. DDD. "Special event sign" means a sign used to announce a circus, carnival, festivals or i similar events. EEE. "Subdivision sign" means a sign containing the name, location or directions to a bui developer, and pertinent information about a suhdivision for which there is a properly approvec LQZC Q�� SIGNS [Draft : 1 recorded map and in which homes remain to be constructed or initially sold. FFF. "Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway coN awning, ceiling, or marquee. GGG. "Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to exterior wall of a building or structure in such a manner that the face of the sign is approximat parallel to the exterior wall of the building and exposed to the exterior side of the building. Sign: advertising displays in or on windows are not considered wall signs. HHH. "Window sign" means any sign painted on or attached to a window or located inside wit a distance equal to the greatest dimension of the window (either width or height) and designed to viewed from the outside of the building in which the window is located. LO_ZC 029 CHAPTER 9.200: DISCRETIONARY REVIEW Sections: 9.200.010 Discretionary Actions ................................ 1 9.200.020 Discretionary Review Authority ....................... 1 9.200.030 Combined Applications .............................. 3 9.200.010 Discretionary Actions. A. Definition of Discretionary Action. All permits and other actions described in Chapters ... are discretionary. A discretionary action is an action which the City has the right to either approve of disapprove. Chapters ... set forth the procedures for processing discretionary applications and the criteria and conditions necessary so that an appropriate decision may be made by the City on each such application. B. Persons Who May File Applications. An application for a discretionary permit or other discretionary action such as a zone change or general plan amendment may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. C. Application Filing. Applications for discretionary permits or other discretionary actions shall be filed with the Planning and Development Department on forms prescribed by the Director, together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter .... The Director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. D. Determinations Regarding Applicability. When it is not immediately apparent which type of discretionary action applies to a proposed project, the Director shall decide. The Director's decision shall be based on the Director's determination of the characteristics of the project and the purpose of each discretionary action as set forth in Chapters .... In cases where the Director concludes that because of unusual project characteristics the determination may materially affect achievement of the objectives of this Zoning Code as stated in Section..., the Director shall refer the determination of applicability to the Planning Commission. E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this Chapter shall be governed by the applicable provisions of the state Planning and Zoning Law (Government Code Section 65000 et seq). 9.200.020 Discretionary Review Authority. A. Decision -Making Authority. Table 9-..., following, specifies the decision -making authority foi each of the various discretionary actions described in Chapters .... An "A" or "PH" means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that LQZC........................................................................................................................................................................... ..q. 1 DISCRETIONARY REVIEW................................................................................................................................ [Draft: 316195] a public hearing is required before action is taken. An "R(PH)" means that the Planning Commission is responsible for holding a public hearing and forwarding a recommendation to the City Council. TABLE 9-,... DISCRETIONARY REVIEW AUTHORITY Type of Application DECISION -]MAKING AUTHORITY Director of Planning City Council Planning/Devel. Commission General Plan Amendment R(PH) PH Zoning Code Amendment R(PH) PH Zone Change R(PH) PH Specific Plan R(PH) PH Variance PH Conditional Use Permit PH Compatibility Review PH Site Development Permit A* or PH* Minor Use Permit A Minor Adjustment A Temporary Use Permit A Home Occupation Permit A Sign Permit A Certificate of Occupancy A Grading Permits Per City Grading Code Subdivisions Per City Subdivision Code Environmental Review Per City Environmental Review Procedures * Decision -making authority to be determined by the Director on a case -by -case basis. LQZC...........................•••••••••..........••••...................................•••••••..._.............................. 031 DISCRETIONARY REVIEW................................................................................................................................ [Draft: 316195 B. Referral by Director. Any application for which the Director has decision -making authority ma; be referred to the Planning Commission for review if the Director determines on a case -by -case basi that the public interest would be better served by such referral. In such cases, the Director shall alsi determine if.a public hearing is required. C. Administrative Action. The discretionary permits to be acted upon administratively by thi Director per Table 9-..., preceding, are those which are relatively minor in nature and with relativel; little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the Director may notii residents or property owners near the subject property if the Director determines on a case -by -case basi that the public interest would be served by such notification. D. Public Hearings. Public hearings shall be noticed and held in accordance with Section ... fo those applications shown in Table 9-... as requiring a hearing. 9.200.030 Combined Applications. At the discretion of the Director, applications for different types of permits or other discretionar actions may be combined and processed concurrently in one application with one fee deposit so loni as all applicable processing requirements and all required findings are satisfied. The following rule shall apply to such combined applications: 1. When an application requiring a public hearing is combined with one not requiring a publil hearing, the combined application shall require a public hearing. 2. The final decision on the combined application shall be made by the highest applicable decision -making authority pursuant to Table 9-... preceding. For example, the decision on a] application combining a zone change and a conditional use permit shall be made by the Cit, Council. 3. The applicable fee(s) shall be deposited in accordance with Chapter.... LQZC......................:....................................................................................................................................................................... 032 CHAPTER 9.210: GENERAL PERMITTING PROCEDURES Sections 9.210.010 General Provisions ................................ 4 9.210.020 Permit Applications ............................... 4 9.210.030 Review of Multiphase Nonresidential Projects .......... 5 9.210.040 Action by Decision -Making Authority ................ 6 9.210.050 Time Limits on Processing Applications ............... 7 9.210.060 Permit Expiration and Time Extensions ............... 7 9.210.070 Modifications by Applicant ......................... 8 9.210.080 Amendments to Discretionary Permits ................ 8 9.210.090 Public Hearings .................................. 9 9.210.100 Appeals ........................................ 10 9.210.110 Permit Revocation ............................... 12 9.210.010 General Provisions. A. Applicability.The provisions of this Chapter shall apply to the processing of all discretionary permits. B. Definition. A discretionary permit is a discretionary action which is specific to an individual property and which authorizes a specified land use or uses and/or a specified development on the property. C. Applicable State Law. It is intended that the provisions of this Chapter shall be consistent and in full compliance with Section 65920 et seq and other applicable sections of the state Government Code and that such provisions shall be so construed. D. Applicability of Permits to Property. All rights granted by the approval of a discretionary permit remain with the affected property and all entitlements, conditions, and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. E. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approved discretionary permit granted by authority of this Chapter shall have the same force and effect as this Zoning Code: Any land use or development established as a result of an approved discretionary permit which is not in compliance with all such conditions, requirements or standards shall be in violation of this Chapter, and Chapter ... regarding enforcement provisions shall be applicable. 9.210.020 Permit Applications.' A. Who May Apply. A property owner, an agent with notarized written authorization from the property owner, or a public agency may submit an application for a discretionary permit. B. Submittal of Applications. Applications for discretionary permits shall be filed with the Planning and Development Department, on forms prescribed by the Director, together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter .... The Director shall provide the necessary forms plus written filing instructions specifying 433 GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 316195) all materials and fees required to any requesting person at no charge. C. Acceptance of Applications as Complete. Within 30 days of receipt of a permit application, the Director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. D. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the Planning and Development Department sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The Director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed with the Planning and Development Department. 9.210.030 Review of Multiphase Nonresidential Projects. A. Applicability. Large nonresidential projects often include development phases submitted subsequent to initial project approval (such as shopping centers with anchor stores in the initial phase and perimeter fast food restaurants in later phases). This Section sets forth procedures for review of such phased projects. B. Master Site Development Permit. When a multiphase project is submitted, a master site development permit (SDP) case number shall be assigned. This master SDP will cover review of the following: (1) Buildings, development details, and other improvements within the initial phase. (2) Land uses, approximate pad locations and sizes, and related information for all subsequent development phases. C. Subsequent Phases. If the master SDP is approved, applications for subsequent development phases shall be processed under separate site development permits (and other permits if required). D. Director's Authority. The Director may vary from the preceding procedures in individual cases if the Director determines that public review of the project will be enhanced or that the public interesi will otherwise be better served. LQzC.......................................................................•...................................................................................................................... S 034 GENERAL PERIt17TING PROCEDURES.................................................................................................... [Draft: 316195] 9.210.040 Action by Decision -Making Authority. A. Possible Actions. The decision -making authority may take one of the following actions on each application: Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Conditional Approval. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, or other conditions necessary to achieve the objectives of the General Plan and this Zoning Code. After the action's effective date as defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision -making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other. discretionary permits. 4. Withdraxal. With the concurrence of or at the request of the applicant, any discretionary permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. C. Effective Date. The determination of the decision -making authority shall be effective 15 days after the date the decision is made and after all appeals, if any, have been acted on. D. Plan Revisions per Condition of Approval. When the decision -making authority approves an application for any discretionary permit in a manner that. is different from that which was presented to LQZC.............................................................................................................................................................................................. 6 .-3-5 GENERAL PERMITTING PROCEDURES.................................................................................................... (Draft: 31619.' it, it may require revised plans to be submitted as a condition of approval. No building or gradin permits or certificates of occupancy authorized by a discretionary permit shall be issued until suc: revised plans are submitted to the Planning and Development Department and found by the Directc to be consistent with the action of the decision -making authority. If such revision is not submitte, within 60 days after the action's effective date or within a time otherwise specified by the decision making authority, the permit approval shall thereafter be null and void. However, prior to the expiratio: of this period, the Director may grant one extension of time of an additional 60 days if it is requeste and justified by the applicant. E. Tie Votes. If action on a discretionary permit or another discretionary review application result in a tie vote by the decision -making authority, such vote that shall constitute denial of the: 1. Discretionary permit; 2. Appeal of an action on a discretionary review item pursuant to Section .... A tie vote shall allot the original decision to stand; 3. A proposed permit revocation pursuant to Section .... A tie vote shall allow the permit to remai valid; 4. A proposed zone change or zoning code text amendment pursuant to Sections ... and respectively. 5. A proposed general plan or general plan amendment pursuant to Section .... 6. A proposed specific plan or specific plan amendment pursuant to Section .... 7. A proposed subdivision tract map or parcel map pursuant to Section .... 8. A proposed development agreement pursuant to Section .... F. Use of More Restrictive Standards. In conjunction with approval of a discretionary permit, th decision -making authority may impose more restrictive site development standards than set forth in thi Code in order to make the required findings for each type of permit as specified in Chapters .... 9.210.050 Time Limits on Processing Applications. Discretionary permits shall be processed within the time limits specified in Chapter 4.5 of the star Planning and Zoning Law (Government Code Section 65920 et seq). Time periods specified in Sectia ... regarding actions on appeals shall be in addition to the preceding Government Code time limits. 9.210.060 Permit Expiration and Time Extensions. A. Period of Validity. The period of validity for a discretionary permit shall begin on the permit' effective date as set forth in Subsection .... The period of validity shall run indefinitely unless it expire pursuant to Subsection C of this Section. B. Establishment. A discretionary permit shall be deemed established if the following actions occu LQzC............................................................................................................................................................................................. GENERAL PERT 17TING PROCEDURES.................................................................................................... [Draft: 3161951 within 24 months of the permit's effective date or within such other time period designated by the permit approval: 1. In the case of a discretionary permit where ministerial permits are required, such permits have been issued. 2. In the case of a discretionary permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A discretionary permit shall expire and be of no further force or effect if: 1. The permit is not established within 24 months of the permit's effective date or such other time period designated by the permit approval, by state law, or by this Code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one year if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision - making authority. 9.210.070 Modifications by Applicant. A. Plan Modifications by Applicant. Plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the Director. B. Procedures. If the Director determines that the ;proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the Director may approve the modified plan without further compliance with this Section. If the Director determines that the plan modification may result in a significant change in the project, the Director shall refer the change to the original decision - making authority. 9.210.O80 Amendments to Discretionary Permits. A. Content ofAmendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section ... preceding, new or additional land uses, or similar major changes. LQzC.............................................................................................................................................................................................. 8 0V f GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 316195] B. Procedures.A discretionary permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a discretionary permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the same filing fee required for an original application. Amendments shall be processed in the same manner as an original application. 9.210.090 Public Hearings. A. Applicable State Law. Public hearings required for discretionary actions shall be carried out in accordance with the procedures set forth in this Section. It is intended that the provisions of this Section ... shall be fully consistent and in full compliance with Section 65090 et seq of the state Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to state Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision -making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with Subsection D of this Section and then held by the decision -making authority prior to action on the relevant application. At the public hearing, the decision -making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this Section. D. Noticing Requirements. Not less than ten calendar days prior to the hearing, the City shall: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development, or other action proposed, to: a. The owner of the subject real property. b. The owner's authorized agent, if any. c. The project applicant. d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project. e. All owners of real property as shown on the last equalized assessment roll within 300 feet of the subject real property. If the number of owners to whom notice would be mailed is LQZC............................................................................................................................................................................................... 9 GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 316195] greater than 1000, the City may instead place a. display advertisement of at least one -eighth page in a newspaper of general circulation at '.east ten days prior to the hearing; and 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the City and one place at the subject site. E. Additional Notice. The Planning and Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. F. Other Notice. The City shall also provide any other notice required by law. 9.210.100 Appeals. A. Appealable Decisions. Any discretionary action by the Director may be appealed to the Planning Commission and any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section. Appeals must be submitted within 15 days of the action being appealed. B. Designation of Board of Appeals. The Planning Commission shall constitute the board of appeals for decisions by the Planning and Development Director and the City Council shall constitute the board of appeals for decisions by the Planning Commission. C. Persons Who May Appeal. Any interested person. may appeal a decision of the Director or the Planning Commission regarding the action taken on a discretionary permit application for a development project upon submittal of the required documents and information and the payment of the required fee. D. Call -Up Review. The board of appeals (either the Planning Commission or City Council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the Director or the Planning Commission regarding the action taken on a discretionary permit application. The board of appeals' call-up review shall be processed in accordance with Subsection E of this Section and may be exercised at any time prior to the expiration of 15 days from the date on which the decision was made. If the board of appeals exercises its right of call-up review, the applicant shall be responsible to pay for the costs associated with the appeal pursuant to the fee requirements of Section ... E. Appeal Procedures. Time Limits for Filing Appeals. All appeals shall be filed with the Director within 15 calendar days of the date on which the decision being appealed was rendered. If the 15th day is a nonworking day for the City, the appeal period shall be extended to include the next City LQZC........................................................................................................................................................... 10 GENERAL PERMI?TING PROCEDURES.................................................................................................... [Draft: 316195 working day. No appeal shall be accepted after the appeal period has expired. 2. Required Documents. Each appeal, except for call-up reviews initiated by a board of appeal on its own motion, shall be in writing and shall include all grounds for the appeal and sufficien information so as to make it clear to the board of appeals the substance of each of the ground for appeal. The Director may require that the written appeal be accompanied by such othe documents and information that the Director determines to be necessary to adequately explaii and provide proper notification for the appeal. No appeal shall be accepted if it fails to contail the grounds for the appeal and the description of the grounds. 3. Forwarding of Records. When an appeal has been received, the Director shall forward to thi board of appeals all documents and information on file pertinent to the appeal together with thi minutes or official action of the decision -making authority and a report on the basis of thl decision. 4. Public Hearing Requirements. If the original approving action did not require a public hearing the appeal review shall not require a public hearing. If the original approving action requires a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing a described in Section .... 5. Issues to be Considered. The board of appeals may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or writtei correspondence made at or before the time the decision -making authority took action. Whet reviewing a decision -making authority's decision via its own call-up review, the board o appeals may raise and consider any issue it deems appropriate to the project application. 6. Action on Appeal. Not later than 45 days after an appeal has been received and accepted by thi Director, the board of appeals shall consider the appeal and take one of the following actions a. Take action to sustain, reverse or modify the original decision. If an original decision t4 approve a project is modified, the board of appeals may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority with directions. 7. Majority Vote. Action by the board of appeals to reverse or modify an appealed decision shal require a majority vote of appeal board members present. If there is a tie vote, the origin decision shall stand. LQZC.............................................................................................................................................................................................. 1 A GENERAL PERMITTING PROCEDURES.................................................................................................... (Draft: 3161951 9.210.110 Permit Revocation. A. Grounds for Revocation. Any discretionary permit may be revoked by the decision -making authority or the City Council pursuant to the provisions of this Section on any of the following grounds: 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. 5. Other grounds as set forth elsewhere in this Code such as but not limited to those for adult business conditional use permits (Subsection ...). B. Procedure.Prior to any action on revocation, the decision -making authority shall hold a public hearing noticed and held in accordance with Section..., except that the permittee shall be given not less than 15 days notice. The notice shall state the causes for which the revocation is to be considered. C. Action of Decision -Making Authority. Following the hearing, the decision -making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision -making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision - making authority by any affected person. E. Appeal.Any action by the decision -making authority pursuant to this Section may be appealed as set forth in Section .... F. New Decision -Making A uthority. If the decision -making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision -making authority as that term is used in this Section. LQZC..._............................................................................................................................... 041 .................... 12 CHAPTER 9.220: DISCRETIONARY PERMITS Sections: 9.220.010 Compatibility Review for Multiphase Residential Projects ...... 13 9.220.020 Site Development Permits ............................... 15 9.220.030 Conditional Use Permits and Minor Use Permits ............. 16 9.220.040 Variances ............................................ 17 9.220.050 Minor Adjustments ..................................... 19 9.220.060 Temporary Use Permits ................................. 21 9.220.070 Home Occupation Permits ............................... 22 9.220.080 Grading Permits ....................................... 22 9.220.090 Sign Permits .......................................... 23 9.220.100 Certificates of Occupancy ............................... 23 9.220.010 Compatibility Review for Multiphase Residential Projects. A. Purpose. Residential projects are often developed in phases -- either by the same or differen developers or by individual owner -builders. This Section imposes requirements to ensure that nevi homes in such projects are compatible in design and appearance with those already constructed. B. Applicability. This Chapter applies to all new residential units proposed for construction withir a project which has been partially developed. These requirements are in addition to other applicable regulations in this Code. C. Site Development Permit Required. Residential units subject to this Section are subject tc approval of a site development permit by the Planning Commission per Section .... Applications fot such permits shall be filed with the Planning and Development Department on forms prescribed by the Director together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter .... The Director shall provide the -necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. D. Acceptance ofApplications as Complete. Within 30 days of receipt of a permit application, the Director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application shall be processed until all required materials have been submitted and the application deemed complete. E. Public Hearing Required. A public hearing shall be noticed and held per Section ... prior to Planning Commission approval of denial of any site development permit under the compatibility review provisions of this Section. The Planning and Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. F. Precise Development Plan. Upon approval, a site development permit approved under the compatibility review provisions of this Section constitutes a precise development plan. Therefore, the GQZC.............................................................................................................................................................................................. 13 44 DISCRETIONARYPERMITS................................................................................................................................ [Draft: 316195] residential development authorized under the site development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. G. Required Findings. In addition to the findings required for approval of a site development permit per Section...., the following findings shall be made by the decision -making authority prior to the approval of any site development permit under the compatibility review provisions of this Section: 1. The development standards of Subsection ... of this Section have been satisfied. 2. The architectural and other design elements of the new residential unit(s) will be compatible with and not detrimental to other existing units in the project. Applicable development standards of the new unit(s), including but not limited to setbacks, parking, landscaping, site design, and similar features will be compatible with, and not detrimental to, other existing units in the subdivision. H. Development Standards for Compatibility Review. No residential unit shall be approved under compatibility review unless the Planning Commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for lot by the prior builder. 2. If lot fencing has been provided in the subdivision, the developer must provide the same or better type of fencing for the new dwelling, as determined by the Planning Commission, including any perimeter subdivision fencing. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the Planning Commission, with respect to the following design elements: a. Architectural material such as roof material, window treatment and garage door style; b. Colors; and c. Roof lines 4. At least one specimen tree (24-inch box size or larger) shall be provided in the front or street side yard. 5. The single-family dwelling units proposed within a partially developed subdivision shall not LQzC.............................................................................................................................................................................................. 14 043 DISCRETIONARYPERMITS................................................................................................................................ [Draft: 316/95j deviate by more than ten percent from the square footage of the existing or approved units. I. Commission Discretion on Unit Types. The Planning Commission, in reviewing dwelling units under this Section, may limit the type and the number of a particular unit to be constructed within a subdivision. J. Appeals. The applicant or any other aggrieved party may appeal decision of the Planning Commission in accordance with the provisions of Section ... 9.220.020 Site Development Permits. [analogous to 'plot plans'; Ch. 9.180 of existing Code] A. Terminology. For purposes of this Code, site, architectural, landscaping and related development plans are included within the term "site development permit". B. Purpose. The purpose of a site development permit is to ensure that the development and desigr standards of this Zoning Code, including but not limited to permitted uses, development standards, anc supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through City review of detailed plans for proposed development projects. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 1. Alterations to single family homes or associated accessory structures, unless a site developmen permit is required by an applicable discretionary permit or by a specific provision of thi: Zoning Code (e.g. approval of over -height fences per Section ...). 2. Signs (requires sign permit per Section ...). 3. Temporary uses (requires temporary use permit per Section ...). D. Decision -Making Authority. Site development permits shall be processed administratively b3 the Community Development Director per Subsection ... unless the Director determines on a case -by. case basis that the public interest would be better served by a public hearing before the Planning Commission. In such cases, the site development permit shall be processed pursuant to the public hearing requirements of Section .... E. Precise Development Plan. Upon approval, a site development permit constitutes a precis development plan. Therefore, all development authorized under a site development permit and any lani uses associated with the development shall be in compliance with the plans, specifications, am conditions of approval shown on and/or attached to the approved permit. LQZC.............................................................................................................................................................................................. 1: 044 DISCRETIONARY PEPWITS............................................................................................................................... [Draft: 3110195] F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any site development permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval. of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on site development permits shall be reviewed pursuant to Section .... H. Expiration and Time Extensions. The period of validity for establishment of a site development permit is one year from its effective date as defined in Section .... Time extensions may be granted pursuant to Section .... I. Amendments. Amendments to site development permits shall be processed pursuant to Section J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. 9.220.030 Conditional Use Permits and Minor Use Permits. A. Purpose. The purpose of a conditional use or minor use permit is to provide for individual approval or denial of land uses requiring such a permit Linder Section .... Such uses have potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this Section, the term "use permit" means both conditional use and minor use permits. B. Applicability. A conditional use permit or a minor use permit is required for all land uses identified as requiring such a permit in Sections ... and .... LQZC............................................................................................................................................................................................. 16 0*425 DISCRETIONARYPE&WITS................................................................................................................................ [Draft: 311019J C. Decision -Making Authority. Conditional use permits shall be reviewed by the Plannin Commission in conjunction with a public hearing held pursuant to Section .... Minor use permits shal be processed administratively by the Planning and Development Director pursuant to Subsection .. unless the.Director determines on a case -by -case basis that the public interest would be better serves by a public hearing before the Planning Commission. D. Compliance with Permit. The establishment and operation of any land use authorized under use permit and any development associated with the permit shall be in compliance with the approve permit and any plans, specifications, and conditions of approval shown on and/or attached to the perms at all times. E. Required Findings. The following findings shall be made by the decision -making authority pric to the approval of any use permit: 1. Consistency with General Plan. The land use is consistent with the General Plan. 2. Consistency with Zoning Code. The use is consistent with the provisions of this Zoning Code 3. Compliance with CEQA. Processing and approval of the permit application are in compliant with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detriments to the public health, safety and general welfare or injurious to or incompatible with othe properties or land uses in the vicinity. F. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section .... G. Expiration and Time Extensions. The decision -making authority may impose a time limitatioi on establishment of the use pursuant to Section..., and/or may establish an expiration date on the us permit itself. Time extensions may be granted pursuant to Section .... H. Amendments. Amendments to use permits shall be processed pursuant to Section .... I. Staff Certification of Construction Documents. If development is provided for under a us permit, prior to issuance of a building permit the Director shall certify that final construction document conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc. approved as part of the use permit. 9.220.040 Variances. A. Purpose. The purpose of a variance permit is to provide for deviations from applicable standard LQZC.................................................•••••.................................................••..........................................•.......................................... 1 0*#*f6 DISCRETIONARYPE&WITS............................................................................................................................... [Draft: 3110195] of this Zoning Code such as the development standards set forth in Sections ... and .... B. Applicability. A variance permit is required for any development which is not consistent with the site development standards of Sections ... or other regulations of this Code and which is not eligible for consideration as a minor adjustment pursuant to Section .... C. Decision -Making Authority. Variances shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section .... D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a variance permit constitutes a precise development plan. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance permit: 1. Consistency with General Plan. The variance is consistent -with the General Plan. 2. Consistency with Zoning Code. The variance is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Special Circumstances. "There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. GQZC............................................................................................................................................................................................. 18 DISCRETIONARYPERMITS.............................................................................................................................. (Draft: 316195. 7. No Special Privileges. The variance permit's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsisten with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approyal does not authorize a land use or activity which is no permitted in the applicable zoning district. G. Parking Variances. Notwithstanding Subsection F of this Section, a variance from the parking regulations of Section ... to allow a portion of the number of required parking spaces for a nonresidentia development to be located offsite or to allow in -lieu fees or facilities to be provided in place of thi required parking spaces may be approved if the decision -making authority fmds that both of th4 following conditions have been met: 1. The variance will be an incentive to and a benefit for the nonresidential development. 2. The variance will facilitate access to the nonresidential development by patrons of public transi facilities. H. Appeals. Appeals to decisions on variances shall be reviewed pursuant to Section .... I. Expiration and Time Extensions. The decision -making authority may impose a time limitatioi on establishment of the variance permit pursuant to Section .... Time extensions may be grantec pursuant to Section .... J. Amendments. Amendments to variance permits shall be processed pursuant to Section .... K. Staff Certification of Construction Documents. If development is provided for under thi variance permit, prior to issuance of a building permit the Director shall certify that final constructim documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans etc.) approved as part of the variance. 9.220.050 Minor Adjustments. A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations fron certain specific development standards set forth in this Code. Minor adjustments have little or nc potential for adverse impacts on the surrounding community and are reviewed administratively. B. Applicability. A minor adjustment permit may be approved only for deviations specificalli identifed in the applicable section of this Code. Deviations not so identified shall require consideratioi of a variance pursuant to Section .... LQZC.............................................................................................................................................................................................. 19 n �� DISCRETIONARYPEFAHTS................................................................................................................................ [Draft: 316195] C. Decision -Making Authority. Minor adjustments shall be reviewed administratively by the Director pursuant to Section ... unless referred to the Planning Commission by the Director pursuant to Section ... or combined with another application which requires discretionary review by the Planning Commission or City Council pursuant to Section .... D. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a minor adjustment permit constitutes a precise development plan. Therefore, any development authorized. under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Public Benefit. The adjustment will result in an equivalent or better development in terms of adverse impacts and/or public benefits to other properties or land uses in the vicinity. LQZC.............................................................................................................................................................................................. 20 DISCRETIONARY PERMITS................................................................................................................................ [Draft: 316195] G. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section .... H. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the minor adjustment permit pursuant to Section .... Time extensions may be granted pursuant to Section .... I. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section .... J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final cot r ,iction documents conform to preliminary plans (schematic elevations, preliminary site and lan___ _,,,; plans, etc.) approved as part of the adjustment. 9.220.060 Temporary Use Permits. [Ed. Note: As an alternative to having this separate section to control temporary uses, these requirements could be folded into the minor use permit section and temporary uses handled via an MUP... J A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment of the use. B. Applicability. A temporary use permit is required for temporary uses permitted under Chapters ... of this Code. In cases where it is not immediately apparent if a use is eligible for consideration as a temporary use, the Director shall decide. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the Director pursuant to Section ... unless referred to the Planning Commission by the Director pursuant to Section .... D. Conditions ofApproval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a temporary use permit constitutes a precise development plan. Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the Director determines that the standards set forth in the applicable Section of this Code specifying regulations for the use have been satisfied. For example, Sections ... set standards for special outdoor events and model home complexes, respectively If no standards are specified, the Director shall establish such standards as conditions of approval for the particular temporary use LQZC.............................................................................................................................................................................0 5.Q.... 21 DISCRETIONARY PERMITS................................................................................................................................ [Draft:.316195] proposed. 9.220.070 Home Occupation Permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section .... B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section .... In cases where it is not immediately apparent if a use is eligible for consideration as a home occupation, the Director shall decide. C. Decision -Making Authority. Home Occupation permits shall be reviewed administratively by the ................ pursuant to Section ... unless referred to the Planning Commission pursuant to Section D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the ............. determines that the standards set forth in Section ... for home occupations have been satisfied. 9.220.080 Grading Permits. A. Grading Code. Grading and excavation operations are permitted in all districts in compliance with the regulations of the City's Grading Code. B. Site Development Permit. In addition to the requirements of the Grading Code, grading and excavation operations are subject to the approval of a site development permit per Section ..., except for the following: 1. When such operations involve the extraction or relocation of less than 5,000 cubic yards. The total number of cubic yards shall be the larger of cut, including any export, or fill, including any import. LQzC.............................................................................................................................................................................................. 22 051 DISCRETIONARY PERMITS................................................................................................................................ [Draft: 316195] 2. Grading and excavation conducted in compliance with an approved tentative map or conditional use permit. 3. Grading and excavation conducted in compliance with a building permit when limited to the area within the perimeter (footprint) of the structure, e.g., basement or foundation. 4. Emergency grading to correct damage resulting from recent acts of nature. 9.220.090 Sign Permits. Signs shall be regulated and sign permits processed in accordance with Section .... 9.220.100 Certificates of Occupancy. A. Terminology. For purposes of this Zoning Code, "certificate of occupancy" shall mean the same as "certificate of use and occupancy". B. Certificate Required. No vacant land shall hereafter be occupied or used, except for the open space uses allowed in the OS District per Section ..., and no building hereafter erected, structurally altered or moved and no building previously posted as uninhabitable shall be occupied or used until a certificate of occupancy has been issued therefor by the Director. . C. Application to Occupy Building. Application for a certificate of occupancy for a new building or for an existing building which has been altered, moved, or previously posted as uninhabitable shall be made in compliance with the provisions of the Uniform Building Code as adopted by the City Council. D. Administration. No certificate of occupancy shall be issued until the Director finds that the building or proposed use of the building or land complies with all applicable zoning regulations and with the conditions and requirements of any applicable discretionary permit. A record of all certificates of occupancy shall be kept on file permanently in the Planning and Development Department and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. LQZC......................................... .................................................................................................................. 23 0152 CHAPTER 9.230: ZONE CHANGES AND CODE AMENDMENTS Sections: 9.230.010 Zone Changes and Prezoning ............................. 24 9.230.020 Zoning Code Text Amendments .......................... 25 9.230.010 Zone Changes and Prezoning. A. Purpose. A zone change is a discretionary action by the City Council to change the zone designation of a property or properties on the Official Zoning Map. A prezoning is the zoning of property outside the City's boundaries in anticipation of annexation into the City. For purposes of this Code, prezonings are included within the term "zone change". B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65853 et seq of the state: Government Code and that such provisions shall be so construed. C. Who May Apply: 1. The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a zone change. 2. The City Council may initiate consideration of a zone change. 3. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a zone change. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications, or denied by ordinance of the City Council after receipt of testimony at a public hearing held pursuant to Section .... 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation to the Council. . 3. If the Council contemplates a modification to the application not previously considered by the Planning Commission, the proposed modification shall be referred to the Planning Commission for report back to Council. A public hearing shall not be required for such Planning Commission review. E. Required Findings. The following findings shall be made by the City Council prior to approval of any zone change: 1. Consistency with General Plan. The zone change is consistent with the goals, objectives, and LQZC.............................................................................................................................................................................................. 24 053 ZONE CHANGES AND CODE AMENDMENTS............................................................................................ [Draft: 316195] policies of the General Plan. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. 9.230.020 Zoning Code Text Amendments. A. Purpose. A zoning code amendment is a discretionary action by the City Council to change the text and/or graphics within this Zoning Code. B. Applicable State Law. It is intended that the provisions of this Section regarding shall be fully consistent and in full compliance with Section 65853 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply. A code amendment may be initiated by the City Council. In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate a code amendment. D. Review Procedures and Findings. Code amendments shall be reviewed under the same procedures and required findings as zone changes, as set forth in Section .... LQZC.............................................................................................................................................................................................. 25 054 CHAPTER 9.240: GENERAL PLAN AMENDMENTS 9.240.010 Application and Referral. A. Purpose. A general plan amendment is a discretionary action by the City Council to change the text of the General Plan or any map or diagram of the General Plan. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply: The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a general plan amendment. 2. The City Council may initiate consideration of a general plan amendment. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a general plan amendment. D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies specified in Section 65352 of the state Government Code. E. Frequency of General Plan Amendment. 1. General Plan elements specified as mandatory in the state Government Code shall be amended no more than four times during each calendar year. Each amendment may include more than one change to the General Plan. 2. The limitation on frequency of amendments to the General Plan set forth in Subsection E.I. of this Section does not apply to residential development projects with at least 25 percent of the dwelling units to be occupied by persons or families of low or moderate income. 9.240.020 Review Procedures and Findings. A. Review Procedures. General plan amendments shall be approved, approved with modifications, or denied by resolution of the City Council after receipt of testimony at a public hearing held pursuant to Section .... Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the Council. 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation to the Council. 3. If the Council contemplates a modification to the application not previously considered by the GENERAL PLAN AMENDMENTS................................................................................................................... [Draft: 3/6/95� Planning Commission, the proposed modification shall be referred to the Commission for report back to Council. A public hearing shall not be required for such Commission review. B. Required Findings. The following findings shall be made by the City Council prior to the approval of a general plan amendment: 1. Internal General Plan Consistency. The amendment is internally consistent with those goals. objectives, and policies of the General Plan which are not being amended. 2. Public Welfare. Approval of the amendment will not create conditions materially detriments' to the public health, safety and general welfare. LQZC.............................................................................................................................................................................................. 2 0� CHAPTER 9.250: SPECIFIC PLANS 9.250.010 Specific Plan Review. A. Purpose. A specific plan is a detailed plan covering a selected area of the City for the purpose of implementation of the General Plan. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65450 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply. A specific plan or specific plan amendment application may be initiated by the City Council, by the owner of property proposed for amendment, or by the owner's agent (with written notarized authorization from the owner). In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a specific plan or specific plan amendment. D. Review Procedures. Specific plans shall be prepared, adopted, and amended in the same manner as the General Plan, except that a specific plan may be adopted either by resolution or ordinance. E. Required Findings. The following findings shall be made by the City Council prior to approval of any specific plan or specific plan amendment: 1. Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. 057. CHAPTER 9.260: OTHER DISCRETIONARY ACTIONS 9.260.010 Subdivisions. Tract maps, parcel maps and related subdivision applications shall be processed in accordance with the City's Subdivision Code. 9.260.020 Development Agreements. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance witl' Section 65864 of the state Government Code. 9.260.030 Environmental Review. A. Definition. "Environmental review" means all actions and procedures required of the City and of applicants by the California Environmental Quality Act ("CEQA" -- state Public Resources Code Section 21000 et seq), the CEQA Guidelines (Public Resources Code Section 15000 et seq), and loco environmental procedures. B. Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA Guidelines, and the City's environmental review procedures to determine the proposal's potentia impacts. Examples of potential impacts include but are not limited to: climate and air quality, soils. geology and seismicity, hydrology, biotic resources, archeology, paleontology and cultural resources land use and zoning, traffic, noise, aesthetics, light and glare, health and safety, public services anc utilities, and threatened or endangered species. t `. CHAPTER 9.270: FEES 9.270.010 Administration of Fees. A. Filing Fees. A filing fee to defray the cost of processing and notification for each application for a discretionary permit or other discretionary action shall be paid by the property owner or the owner's authorized agent at the time the application is accepted. Such fees shall be as follows: - insert present fee schedirde - B. Refunds. Whenever an application for a change of zone or for a permit or variance that requires a public hearing is terminated for any reason, upon request of the applicant a refund of a percentage of fees paid may be made by the Planning and Development Director in accordance with the following schedule. If any portion of the application fee has been paid out by the City to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made. 1. Application accepted by the Planning and Development Dept., fee not receipted ..... l03'/n 2. Application accepted and fee receipted by department, but.no processing begun ..... 90% 3. Application processed, but public hearing not advertised or noticed ............... 50% 4. Public hearing advertised or noticed but hearing not held ....................... 200/0 5. Public hearing held by Planning Commission ............................... 0% C. Exemptions for Nonprofit Organizations. Nonprofit organizations are exempt from paying the fees charged for the processing of a special outdoor event application per Chapter .... For the purposes of this section, nonprofit organization'means a corporation, association or other organization which is exempt from taxation under Section501(C)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, and which has received determination letters from the United States Internal Revenue Service and the California Franchise Tax Board confirming its exempt status under such Sections. �vg Draft: 1013194 CHAPTER 9.280: NONCONFOR UTIES 9.280.010 Purpose ................................. 1 9.280.020 Definitions .............................. 1 9.280.030 Nonconforming Uses ........................ 2 9.280.040 Nonconforming Lots ........................ 3 9.280.050 Nonconforming Structures .................... 3 9.280.060 Plans Previously Approved ................... 3 9.280.070 Illegal Uses and Structures ................... 4 9.280.010 Purpose. The purpose of this Chapter is to promote the public health, safety, and general welfare b; regulating land uses, lots, and structures which were lawfully established but which do not conforr to the provisions of this Zoning Code. This Section is further intended to prevent the expansion a nonconforming uses and structures to the maximum extent feasible, to establish the criteria unde which they may be continued, and to provide for the correction or removal of such nonconformitie in an equitable and reasonable manner. 9.280.020 Definifions. For the purposes of this Chapter and this Code, certain words and terms shall be defined a follows: 1. Nonconformity: A land use, lot or structure which was lawful when established c constructed but, due to subsequent ordinance changes, is not in conformance with thi Zoning Code. The term nonconformity does not include illegal uses, lots, or structures whic were not lawful when established or constructed. 2. Nonconforming Use: A land use which was lawful and in conformance with the applicabl zoning ordinances when established but which, due to subsequent ordinance changes, is nc currently permitted in the zoning district in which it is located or is permitted only upon th approval of a use permit and no use permit has been approved. 3. Nonconforming Lot. A lot or parcel which was lawful and in conformance with tb applicable zoning ordinances when established but which, due to subsequent ordinanc changes, does not conform to the current development standards applicable to the zonin district in which it is located. 4. Nonconforming Structure: A structure which was lawful and in conformance with tb applicable zoning ordinances when constructed but which, due to subsequent ordinanc changes, does not conform to the current development standards applicable to the zonin district in which it is located. 5. Intensity: The level of development or activity associated with a land use, as measured b 1 GGO • TABLE OF CONTENTS [Draft: 10112] CHAPTER 9.200: DISCRETIONARY REVIEW ....................... 1 9.200.010 Discretionary Actions ............................... 1 9.200.020 Discretionary Review Authority ........................ 1 9.200.030 Combined Applications .............................. 3 CHAPTER 9.210: GENERAL PERMITTING PROCEDURES ............. 4 9.210.010 General Provisions ................................. 4 9.210.020 Permit Applications ................................. 4 9.210.030 Review of Multiphase Projects ......................... 5 9.210.040 Action by Decision -Making Authority .................... 5 9.210.050 Time Limits on Processing Applications .................. 7 9.210.060 Permit Expiration and Time Extensions ................... 7 9.210.070 Modifications by Applicant ........................... 8 9.210.080 Amendments to Discretionary Permits .................... 8 9.210.090 Public Hearings ................................... 8 9.210.100 Appeals ......................................... 9 9.210.110 Permit Revocation .................................. 11 CHAPTER 9.220: DISCRETIONARY PERMITS ...................... 13 9.220.010 Site Development Permits ............................ 13 9.220.020 Conditional Use Permits and Minor Use Permits ............ 14 9.220.030 Variances ........................................ 15 9.220.040 Minor Adjustments ................................. 17 9.220.050 Temporary Use Permits .............................. 19 9.220.060 Home Occupation Permits ............................ 19 9.220.070 Grading Permits ................................... 20 9.220.080 Sign Permits ...................................... 20 9.220.090 Certificates of Occupancy ............................ 21 CHAPTER 9.230: ZONE CHANGES AND CODE AMENDMENTS ........ 22 9.230.010 Zone Changes and Prezoning .......................... 22 9.230.020 Zoning Code Text Amendments ........................ 23 CHAPTER 9.240: GENERAL PLAN AMENDMENTS .................. 24 9.240.010 Application and Referral ............................. 24 9.240.020 Review Procedures and Findings ....................... 24 CHAPTER 9.250: SPECIFIC PLANS .............................. 26 9.250.010 Specific PIan Review ............................... 26 CHAPTER 9.260: OTHER DISCRETIONARY .ACTIONS ................ 27 9.260.010 Subdivisions ...................................... 27 9.260.020 Development Agreements .... ....................... 27 9.260.030 Environmental Review ....... ....................... 27 CHAPTER 9.270: FEES ........................................ 28 9.270.010 Administration of Fees .............................. 28 061 NONCONFORMING USES, LOTS. AND STRUCTURES [Dmft: 1013, one or more of the following: a. The amount of parking required for the use per Section .... b. The operational characteristics of the use such as hours of operation, the inclusion o dancing or live entertainment as part of the use, or similar characteristics. c. The floor area occupied by the use. d. The percentage of the building site occupied by the use or by the structure containing th, use. 9.280.030 Nonconforming Uses. A. Continuation of Nonconforming Use. A nonconforming use may be continued subject to th restrictions of this Section. B. Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a perioi of one year, it shall not be reestablished and any new use of the premises shall conform to th applicable district regulations of this Code. C. Intensification of Nonconforming Uses. 1. A nonconforming nonresidential use shall not be increased in intensity. 2. A nonconforming residential use may be increased in intensity provided the intensificatio will not create or increase any nonconformity relating to setback, height, or any othe development standard . (For example, a "granny flat" may be added to a single famil detached dwelling in a district permitting only attached homes provided there is no nei setback or other encroachment and all requirements pertaining to creation of second dwellin units are met.) D. Restoration of Nonconforming Use. A nonconforming use occupying a structure which i damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablishe provided: 1. Restoration of the structure will not create or increase any nonconformity relating to setbacl height, or any other development standard; and 2. Application for a building permit is submitted within one year of the damage or destructio and construction is commenced and completed under that permit without any lapses of c extensions to the permit. E. Change of Ownership. Changes in ownership, tenancy, proprietorship, or management of nonconforming use shall not affect its nonconforming status provided that the use or the intensii of use does not change. 2 062 •. a NONCONFORMING USES, LOTS, AND STRUCTURES [Di -aft: 10131 9.280.040 Nonconforming Lots. Legally established nonconforming lots may be developed and used in accordance with this Code provided all Code requirements other than those relating to the lot's conformity are met. 9.280.050 Nonconforming Stiuctures. A. Continuation of Nonconforming Structure. A nonconforming structure may be continued and maintained subject to the restrictions of this Section. B. Maintenance and Repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, reroofing, residing, replastering, and replacement of incidental nonstructural elements. C. Structural A Iterations. Interior or exterior structural alterations may be made to nonconforming structures provided the alterations do not increase the degree or extent of the structure's nonconformity nor create any new nonconformities. D. Damage or Destruction. 1. Nonresidential Structures. A nonconforming nonresidential structure which is damaged or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of 50 percent or more of the replacement cost of the structure:, as determined by the Director, shall not be restored except in conformity with all development standards and other regulations of this Zoning Code. 2. Determination of Replacement Cost. In determining the replacement cost of a structure, the Director may utilize City building permit records, contractor estimates, assessed valuation, and any other information deemed by the Director to be reflective of replacement cost. 3. Residential Structures. A nonconforming residential structure which is destroyed or damaged to any extent by fire, explosion, earthquake, or other disaster may be restored. E. Safety of Structures. Nothing in this Section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the City charged with protecting the public safety upon order of such officer. 9.280.060 Plans Previously Approved. Uses, lots, or structures approved prior to the effective date of this Zoning Code which are nonconforming under this Code may nevertheless be established, recorded, or constructed in accordance with approved plans or maps provided all other applicable laws are satisfied. 3 063 NONCONFORMING USES, LOTS, AND STRUCTURES [Draft: 104- 9.280.070 Blegal Uses and Structures. Nothing in this Chapter shall be construed so as to allow for the continuation of illegal Ian uses or structures, i.e. uses or structures which did not comply with the zoning ordinance(s) in effei when they were established. Such illegal uses or structures shall be subject to the enforcemei provisions of Section ... and shall be removed immediately. Il W CHAPTER 9.L: CODE ENFORCEMENT 9.290.010 Purpose ................................. 1 9.290.020 Enforcement Responsibilities .................. 1 9.290.030 Inspection to Ensure Compliance ............... 1 9.290.040 Abatement of Violations ..................... 2 9.290.010 Purpose. The purpose of this Chapter is to ensure compliance with this Zoning Code. They shall apply to the enforcement of this Zoning Code but shall not be deemed to exclude other remedial measures. 9.290.020 Enforcement Responsibilities. A. Planning and Development Director. It shall be: the duty of the Planning and Development Director, or the Director's designated agent, to enforce the provisions of this Zoning Code pertaining to the use of land and the erection, construction, reconstruction, moving, conversion or alteration of or addition to any building or structure. B. Health Officer. It shall be the duty of the health officer, or the officer's designated agent, to enforce the provisions of this Zoning Code pertaining to the use and maintenance of property, structures and buildings so far as matters of health are concerned. C. Police. It shall be the duty of the police chief, the police officers of the City, and all officers of the City otherwise charged with the enforcement of the law to enforce this Zoning Code. D. Other City Officers. All other officials, employees, agencies and departments of the City vested with the authority to issue permits, certificates or licenses shall comply with this Zoning Code and shall issue no permits, certificates or licenses in conflict with this Zoning Code. The issuing of a permit which is in conflict with applicable provisions of this Zoning Code shall not constitute a waiver of such provisions. 9.290.030 Inspection to Ensure Compliance. Whenever the Director suspects a violation of any provision of this Zoning Code, determines it necessary to investigate either an application for granting, extension or modification, or an action to suspend or revoke a discretionary permit, or determines it necessary to investigate an application for a discretionary permit or other approval, the Director or the Director's designated agents may, for the purpose of investigation: 1. Enter onto any land in accordance with Section 65105 of the state Government Code, provided that such entry does not interfere with the use of the land by those persons lawfully entitled to the possession thereof, or 2. Enter any building or structure after permission from the owner or occupant, provided the officials do so in a lawful manner. If the owner or occupant refuses to grant such permission, I ot-,5 s ,. CODE ENFORCEMENT (Draft: 1013 the Director may obtain a search warrant for entrance onto the premises. 9.290.040 Abatement of Violations. A. Violations to Constitute Misdemeanor. All violations of this Zoning Code committed by an person, whether as agent, employee, officer, principal or otherwise, shall be a misdemeanor. B. Prohibited Actions. Every person who knowingly provides false information on any type c zoning code related application or map filed with the Planning and Development Department sha be guilty of a misdemeanor. Every person who fails to stop work when so ordered by the Plannin and Development Director because of an apparent violation of this Zoning Code shall be guilty c a misdemeanor. Every person who, having received notice to appear in court to answer a relate charge, willfully fails to appear, shall be guilty of a misdemeanor. C. Penalties. A misdemeanor may be prosecuted by the City in the name of the people of d state or may be redressed by civil action. Each violation is punishable by a fine or imprisonme as provided by state law. D. Each Violation a Separate Offense. Every person found guilty of a violation shall be deem) guilty of a separate offense for every day during any portion of which the violation is committe continued or permitted by such person. E. Abatement of Public Nuisance. 1. Any building or structure erected, constructed, moved, altered or maintained and any use property contrary to the provisions of this Zoning Code is hereby declared to be unlawi and a public nuisance, and any failure, refusal or neglect to obtain a permit as required 1 the terms of this Zoning Code shall be prima facie evidence of the fact that a pub' nuisance has been committed. 2. The City may commence an appropriate civil action to abate a public nuisance and to colli a civil penalty. Any civil action shall be preceded by a finding by the City Council, t Director, or the Director's designee that a violation of this Zoning Code has occurred.T civil penalty shall not exceed $250 for each day on which such violation occurs. In additic the civil penalty for violation of an abatement order shall be $500. 3. The abatement of a public nuisance may be made at the expense of the owner of I property on which the nuisance is located. If the City abates the public nuisance, the co of such abatement shall be charged to the owner of the premises involved. The Director m apply to the City Council to cause costs for such work to be paid and levied as a spec assessment against the property and collected in the manner provided for spec assessments. 2 CODE .ENFORCEMENT [Draft: 1013 j F. Injunction. This Zoning Code may also be enforced by injunction issued by the superior court upon suit by the City. G. Permit Revocation. Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any discretionary permit pursuant to the provisions of this Zoning Code shall constitute grounds for the revocation of the permit in accordance with Section .... H. Failure to Pay Fees or Obtain Permit. Failure tc pay fees and obtain applicable permits shall be deemed a violation of this Zoning Code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Zoning Code or from any other of the penalties prescribed in this Zoning Code. I. Remedies Cumulative. All of the remedies described in this Section shall be cumulative and not exclusive except when otherwise provided. 3 067 PH*1 STAFF REPORT PLANNING COMMISSION DATE: JULY 25, 1995, CONTINUED FROM JULY 11, 1995 CASE: PUBLIC USE PERMIT 95-016 APPLICANTS: DESERT SANDS UNIFIED SCHOOL DISTRICT REQUEST: APPROVAL TO CONSTRUCT DISTRICT EDUCATIONAL SERVICE CENTER WITH APPROXIMATELY 164,000 SQUARE FEET OF FLOOR SPACE LOCATION: NORTHEAST OF THE INTERSECTION OF DUNE PALMS ROAD AND 48TH AVENUE This case was regularly scheduled for the meeting of July 11, 1995. The applicant, through Mr. Jack Matlock, consultant to the School District requested a continuation of this item to this meeting. To date staff has not been able to meet with the School District to discuss concerns they have regarding some of the Conditions of Approval. It is expected, at this time, this discussion will occur during the Planning Commission review. Attached is original copy of the staff report for July 11, 1995. Please refer to the July 11th report for background and recommendation. 1. Planning Commission Staff Report for the meeting of July 11, 1995 STAFFRPT.043 STAFF REPORT PLANNING COMMISSION DATE: JULY 11, 1995 CASE: PUBLIC USE PERMIT 95-016 APPLICANT: DESERT SANDS UNIFIED SCHOOL DISTRICT (DSUSD) REQUEST: APPROVAL TO CONSTRUCT DISTRICT EDUCATIONAL SERVICES CENTER WITH APPROXIMATELY 164,000 SQ. FT. OF FLOOR SPACE LOCATION: NORTHEAST OF THE INTERSECTION OF DUNE PALMS ROAD AND 48TH AVENUE GENERAL PLAN LAND USE DESIGNATION: M/RC (MIXED REGIONAL COMMERCIAL) ZONING: R-2 8000 ENVIRONMENTAL DETERMINATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED AN INITIAL STUDY (EA 95-300) ON THE PROPOSED PROJECT AND DETERMINED THAT THERE ARE IMPACTS WHICH COULD BE SIGNIFICANT. MITIGATION MEASURES HAVE BEEN RECOMMENDED FOR THESE IMPACTS. A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WITH MITIGATION IS HEREBY RECOMMENDED FOR ADOPTION. SURROUNDING ZONINGS/LAND USES: NORTH: C-P-S AND R-T/VACANT LAND AND MOBILE HOME PARK SOUTH: R-2 20,000/PD AND R-2 8,000/VACANT LAND (PART OF RANCHO LA QUINTA COUNTRY CLUB) AND VACANT LAND EAST: R-2 8000/VACANT LAND The proposed use is the new Administrative and Educational Services Center for the Desert Sands Unified School District. This facility would be relocated from its present STAFFRPT.038 location in Indio on Highway 111. The City of La Quinta Redevelopment Agency presently owns the land and would be selling it to the School District. The School District will construct their facility and lease -back to the City a small building and area in the facility, for the City Corporation and Transportation yard. The purchase and lease agreement will be formalized through a disposition and development agreement (DDA) to be approved by both the City Council Redevelopment Agency and School District. The City's zoning ordinance permits public institutions or uses such as this service center to be located on any parcel regardless of zoning and land use designations with a public use permit approval. The subject site is somewhat triangular in shape with approximately 24-1 /2 acres in area. To the west side of the property is the unimproved Dune Palms Road with unimproved 48th Avenue along the south boundary. The balance of the south and east boundary is bordered by the unimproved La Quinta Evacuation Storm Channel. To the north the land is vacant with the exception of an older mobile home park near Highway 111. The southern half of the parcel which the mobile home park sits on is presently vacant. The project, as proposed by the Desert Sands Unified School District (DSUSD), would consist of the district -wide operating facilities. These facilities would consist of Administration, Maintenance, Operation, Transportation, Warehousing, and Nutritional Services departments as well as the City of La Quinta's Public Works yard. Specifically, facilities of the School District would include truck and bus servicing, plumbing shop, air conditioning shop, painting shop, wood shop, electrical shop, welding shop, central kitchen, graphics, media center, special education, training center, administration, and School District Board meeting room. The proposed facility also indicates a day-care center. The facility would also be utilized for storage of all buses and School District vehicles. A retention basin of 1.6 acres would be provided at the northeasterly corner of the triangular -shaped parcel. The proposed project would consist of three buildings, two of which will be utilized by the School District while the third smaller building would be part of the City Public Works operations. The largest School District building (Building "A") which would be parallel to Dune Palms Road would be the main structure and consists of approximately 124,900 sq. ft. of floor space. Building "B" would be located east and behind Building "A" and consists of approximately 33, 460 sq. ft. Approximately 3,160 sq. ft. of this building will be utilized by the Public Works Department for office area. Building "C", which is the City Corporation building, will consist of approximately 3,950 sq. ft. of floor space plus attached additional covered parking. The project is proposed to be constructed in one phase with construction scheduled to start in late 1995 with completion scheduled for March, 1997. STAFFRPT.038 I�WIIR_Tguo.•� The project is designed in a Spanish/Mediterranean architectural style with exterior materials consisting of stucco walls, some brick work, stone column bases, and a Spanish tile roof consisting of three colors. Glass is proposed to be a solar -cool bronze material. Doors and accent areas will be a teal color. With the exception of the northern end of Building "A", the project has been designed with the tile roof element facing public streets. The northern portion of Building "A" will be screened by an eight -foot high structural clay brick wall. There is some tile roof use in some other areas such as on the center of the back of Building "A", facing east and at the north east, north west corner of Building "B". All areas with a file roof have extensive overhangs for shade. Material colors are proposed to consist of a beige stucco with the brick work a light brown. The buildings vary in height from one to two -stories. Building "A", which is the main structure closest to Dune Palms Road, will have a second -story area located behind the Board meeting room which is located near the center of the building. The height of this portion of the structure will be approximately 30-feet. The balance of this building will vary from 18-feet in height to approximately 26-feet in height. Building "B" will have a small two-story area at the northwest corner of the structure which will be approximately 31-feet in height. The majority of the rest of the building will be 18-feet in height with the exception of the bus, maintenance area which will be approximately 25-feet high. Building "C" which is the City Corporation building will be a one-story high structure with a tile roof element at the front facing west. The height of the building for the enclosed portion will be a maximum 25-feet high with the covered parking area of the building approximately 18-feet high. This building is proposed to be located along the easterly boundary of the site adjacent to the La Quinta Evacuation Channel. .o , 1. Due to the majority of the frontage being on Dune Palms Road, primary vehicular access is to this street. The front of the building has been oriented primarily to Dunes Palm Road. There is one public access on 48th Avenue as well as one on Dune Palms road. Two additional access points near the northern end of the site on Dune Palms Road will be provided for access for District delivery and employee vehicles. The visitor parking is provided near the intersection of Dune Palms Road and 48th Avenue with staff parking provided on Dune Palms Road closer to the northern property line. The project has been designed with vehicular security gating. This will allow limited authorized access to the area east of Building "A". Bus parking as well as District vehicle parking and some additional staff parking will be provided behind the gates. STAFFRPT.038 The City Corporation yard is located near the rear of the site and as such would utilize the same accesses as the District vehicles. As permitted by municipal code requirements, the applicant has provided off-street parking based on actual needs. The School District, at this facility employs approximately 250 employees, while the City presently employs 10 people who would occupy the Corporation yard. This gives a total of 260 employees which would utilize the site at any one time. The School District indicates that a maximum 210 employees would use the site for parking vehicles,, if they all came individually. That number along with the 10 for the City would total 220 vehicles maximum. The board room will contain seating for 400 visitors which would occur during Board meetings in the evening. Based on these numbers, approximately 620 spaces would be needed. The plans submitted indicate a total of 621 parking spaces. It should be noted that while the public parking area will not contain 400 parking spaces there will be additional parking available in the staff parking areas. Based on the known needs of the School District, the applicant's feel that they are providing adequate off-street parking. According to the applicant's calculations, they are providing approximately 193,000 sq. ft. of landscaping which amounts to approximately 4.4 acres. The majority of this landscaping is provided adjacent to 48th Avenue and Dane Palms Road. The setback along Dune Palms Road is 168-feet with the setback along 48th Avenue approximately 200-feet plus. The applicant has provided extensive landscaping within these setback areas. There is additional landscaping provided in the rear portions of the site in the areas around Building "B" and along the perimeters. The perimeter along 48th Avenue and Dune Palms Road is provided with extensive berming of the parking lot areas along with an eight -foot wide meandering sidewalk. Tree sizes vary from 15-gallons to approximately 36-inch box size with palm tree sizes varying from 6-feet high to 10-feet high. The landscaping material indicated on the plant pallet is extensively drought -tolerant and desert native materials. The staff has received comments from the Riverside County Sheriff's Department and Fire Department regarding the proposed project. Additionally, comments have been received Coachella Valley Water District and Imperial Irrigation District. Copies of these comments are attached for your review. STAFFRPT.038 The project has been designed to comply with applicable City requirements. The City feels that the location is acceptable for the proposed use. While the project could have environmental impacts, mitigation measures have been recommended which would reduce those impacts to an acceptable level. The project has been designed to be architecturally attractive with extensive landscaping. Findings to approve this Public Use Permit are: 1, The project has been designed for the protection for the public health, safety and welfare. 2. The project conforms with the logical development of the land and surrounding area. 3. The project complies with applicable City Zoning and General Plan requirements. 4. The project will be architecturally compatible with the surrounding land uses. Based on the findings above, staff recommends: 1. Adoption of Resolution 95-_, approving a Mitigated Negative Declaration of Environmental Impact. 2. Adoption of Minute Motion 95-_, approving Public Use Permit 95-016, subject to the attached conditions. Attachments: 1. Location Map 2. Comments from various City departments and outside agencies. 3. Supplemental information submitted by applicant 4. Environmental Assessment 5. Plans and Exhibits STAFFR71T.038 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-300 PREPARED FOR PUBLIC USE PERMIT 95-016 ENVIRONMENTAL ASSESSMENT 95-300 DESERT SANDS UNIFIED SCHOOL DISTRICT (DSUSD) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 day of July, 1995, and the 25th day of July, 1995, hold duly noticed Public Hearings to consider the request of Desert Sands Unified School District (DSUSD) for a Public Use Permit to allow an Educational Services Center on the northeast side of the intersection of Dune Palms Road and 48th Avenue; and, WHEREAS, said Public Use Permit 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 Initial Study Environmental Assessment 95-294; and, WHEREAS, the Community Development :Director has determined that said Public Use Permit will not have a significant adverse effect on the environment due to mitigation requirements and that a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. resopc.121 4. The proposed project will not result in impacts which are individually limited or cumulatively considerable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quanta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this Mitigated Negative Declaration of Environmental Impact. 2. That it does hereby recommend certification of Environmental Assessment 95- 300 with the adoption of a Mitigated Negative Declaration for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, labeled Exhibit "A" - EA, on file in the Community Development Department. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25th day of July 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY BERMAN, Community Development Director City of La Quinta, California resopc.121 CONDITIONS OF APPROVAL - RECOMMENDED PUBLIC USE PERMIT 95-016 - DESERT SANDS UNIFIED SCHOOL DISTRICT JULY 25, 1995 1. The development of this site shall be in conformance with exhibits approved and on file in the Community Development Department for Public Use Permit 95- 016, unless otherwise amended by the following conditions. 2. The approved Public Use Permit shall be used within one year after the Planning Commission Approval; otherwise it shall become null and void and have no effect whatsoever. "Be used" means the beginning of substantial construction which is allowed by this approval, not including grading which is to begun within one year and thereafter, diligently pursued to completion. A time extension as allowed by the municipal code of one year may be requested 30-days prior to the expiration date. 3. An exterior lighting plan for the building, parking lot and outdoor storage area shall be approved by the Community Development Department prior to issuance of the building permit. The exterior lights shall be down -shining lights without dropped lenses. Parking lot pole lighting shall be limited to a height of 25-feet unless allowed higher with the use of light shields. 4. All future expansion as shown approved site plan shall be reviewed and approved by the Community Development Department prior to issuance of a building permit. All additions shall be architecturally compatible with the existing structures. 5. Recycling bins and trash bins with enclosures shall be provided to the satisfaction of Waste Management of the Desert and the City of La Quinta. Verification of approval shall be granted to the City prior to construction of any trash enclosures. 6. The City shall retain a qualified archaeologist,, with the developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of -the plan. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: 1) identify the means for digging test pits; 2) allow sharing the information CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 with the CVAS; and 3) provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Community Development Department for final review and approval. Prior to the issuance of a grading permit, the developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistants)/representative(s) shall be submitted to the Community Development Department . The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail on the Community Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby areas reasonably suspect to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Community Development Department. 7. Prior to issuance of building permit applicant shall obtain clearances from the following agencies: - Desert Sands Unified School District - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 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 approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 8. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program irT effect at the time of issuance of building permits. 9. Applicant shall apply with the mitigation monitoring plan for Public Use Permit 95-016, on file in the Community Development Department. 10. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a grading permit. 11. Prior to issuance of a building permit, applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval which must be satisfied prior to issuance of a building permit. Prior to a final building inspection approval, the applicant shall prepare and submit a written report demonstrating compliance with all remaining conditions of approval and mitigation measures. The Community Development Director may require inspection or other monitoring to ensure such compliance. 12. The applicant shall pay the required Fringed -Toe Lizard Mitigation fee prior to issuance of the grading permit. 13. The applicant shall pay the required Arts In Public Places fee prior to issuance of a building permit. 14. Prior to occupation of the project site for construction or grading purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.10 of the La Quinta Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 15. Prior to installation of any on -site identification signs, said signs shall be reviewed and approved by the Community Development Department. 16. The developer shall submit to the Community Development Director a transportation demand management plan for review and approval to ensure compliance with Chapter 9.162 of the Municipal Code. A plan approved by the South Coast Air Quality Management District shall be deemed adequate to meet this requirement. 17. Chain -link fencing shall be color -coded. 18. That decorative paving as shown on site plan in the parking lot area shall be provided. 19. Final landscaping and irrigation plan shall be reviewed and approved by the Community Development Department prior to issuance of the building permit. Emitter or drip irrigation systems shall be utilized to the greatest extent possible. Landscaping shall comply with City of La Quinta Ordinance 220. 20. That final landscaping and irrigation plans shall be reviewed and approved by the Agricultural Commissioner and Coachella Valley Water District prior to issuance of a building permit. 21. That any required utility boxes, pads, meters, etc. shall be shown on the final landscaping plans to ensure that they are properly treated and screened. Compliance with utility company safety distance requirements shall be complied with. 22. All landscaping within perimeter street right-of-way shall be reviewed and approved by the Engineering Department prior to issuance of a building permit. 23. That a combination of berming and shrub planting shall be provided along Dune Palms Road and 48th Avenue to provide screening of the parking lot surface from adjacent streets. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 24. All requirements of the Coachella Valley Water District, as noted in their letter dated June 12, 1995, on file in the Community Development Department, shall be complied with. 25. All requirements of the Imperial Irrigation District, as noted in their letter dated May 31, 1995, on file in the Community Development Department, shall be complied with. 26. Provide or show there exists a water system capable of delivering 1500 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 buildings being area separated and equipped with automatic fire sprinklers. 27. 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. 28. 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 requirements prescribed by the Riverside County Fire Department". 29. Install a complete fire sprinkler system per NFPA 13 Ordinary Hazard Occupancy, Group I. 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. 30. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 31. 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 1991 UFC. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 32. 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. 33. Install panic hardware exit signs as per Chapter 33 of the Uniform Building Code. 34. Applicant/developer shall be responsible for obtaining under ground/above ground tank permits from both the County Health and Fire Departments. 35. Install portable fire extinguisher's per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 36. Install a Hood/Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 37. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the key Switch, this form much be authorized and signed by this office for the correctly coded system to be purchased. 38. If the building/facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 39. 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. 40. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 15'. 41. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. 42. Specific conditions for each occupancy group 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. 43. 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. 44. Applicant shall process a parcel map that divides the school district buildings from the City corporation yard and storm water retention. 45. All easements, rights of way and other property rights required of the development or otherwise necessary to facilitate the ultimate use of the property and functioning of improvements shall be granted or acquired prior to issuance of a grading permit. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 46. The applicant shall grant or acquire public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Approved deeds shall be executed and recorded prior to issuance of any encroachment, grading, or building permit. Required deeds and/or acquisitions include: CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 A. Dune Palms Road adjacent to the property to be developed - Right of way as indicated in Exhibits 1 and 2. B. Avenue 48 adjacent to the property to be developed - Primary Arterial - Half of 110-foot right of way. C. Off -site rights of way and/or easements are necessary for appropriate access to this development. The applicant shall enter an agreement with the City for acquisition of those rights. Rights of way shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. 47. The applicant shall grant public utility easements contiguous with and along both sides of all private streets. The easement widths, when added to street right of way, shall make available a 10-foot-wide strip, parallel with and outside of street improvements, for installation of utilities. 48. The applicant shall create setback areas or lots, of minimum width as noted (generally 20' in front of lots, 10' side, and 5' rear), adjacent to the following street rights of way: D. Dune Palms Road - 20 feet E. Avenue 48 - 20 feet Minimum widths may be used as average widths for meandering wall designs. 49. Street right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 50. The applicant shall grant or acquire any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 51. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 52. Where sidewalks, bikepaths, and/or equestrian trails are required or contemplated, the applicant shall grant blanket easements over required landscape setbacks for those purposes. 53. The applicant shall vacate vehicle access rights to the following streets: Access to these streets shall be restricted to street intersections and approved access locations. 54. If the applicant desires to phase improvements and obligations required by the conditions of approval, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a sub -phasing plan is approved by the City Engineer. 55. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 56. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer files or standard plan sheets prepared by the City. When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable the City Engineer. 57. The applicant shall construct improvements and/or satisfy obligations, or shall provide security for said improvements and obligations prior to issuance of a grading permit. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 58. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's schedule of costs, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. 59. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of future improvements to be constructed by others (deferred improvements). Deferred improvements for this development include: F. Traffic signal at Dune Palms and Avenue 48 - 15.31 % of the cost to design and construct. The applicant's obligations for all or a portion of the deferred 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. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 60. Graded but 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. 61. The applicant shall comply with the City's flood protection ordinance. 62. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 63. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. 64. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. 65. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained on site unless otherwise approved by the City Engineer. The tributary drainage area for which the developer is responsible shall extend to the centerline of adjacent public streets. 66. In design of retention facilities, the basin percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 67. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 68. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 69. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 70. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 71. If any portion of the 100-year, 24-hour storm flow from this development is to be conveyed directly or indirectly to the Whitewater Storm Evacuation Channel or the La Quinta Evacuation Channel or will otherwise drain to water bodies subject to the NPDES, the applicant may be required to design and install first - flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize the potential for conveyance of stormwater contamination to off -site locations. Drainage to off -site locations and methods of treatment or screening shall meet the approval of the City Engineer and CVWD. 72. All existing and proposed utilities within or immediately 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. 73. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 74. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to issuance of any grading or construction permit for this development, the development shall be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 75. Applicant shall provide a traffic study prepared by a registered traffic engineer for submittal to Caltrans to justify installation of the traffic signal at the Dune Palms Road/Highway 111 intersection. 76. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure 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"/4.5" Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section which will be subjected to traffic, the partial section shall be designed with the 20-year design strength. 77. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians iif required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 78. The City Engineer may require improvements extending beyond the boundaries of this development such as, but not limited to, installation or widening of primary access routes, 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. 79. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: G. OFF -SITE STREETS 1) Dune Palms Road (Primary Arterial) - Construction shall be in accordance with Exhibits 1, 2 and 3 and shall include improvement of the Avenue 48/Dune Palms intersection. Except for intersection improvements, construction of portions of the roadway beyond site boundaries shall be subject to compensation by the City or adjacent landowners as may be agreed to by the applicant and the City. 2) Avenue 48 (Primary Arterial) - Construct one half of 86-foot-wide improvement including 18-foot raised landscape median. If this development precedes the need for a landscape median on Avenue 48, as determined by the City, the applicant shall construct half -width street improvements along the property frontage. Half -width improvements shall include one 16-foot lane on the unimproved side of the road and provision of security for the applicant's share of future raised median. 3) Traffic Signal at Highway 111 and Dune Palms Road - Construction shall be subject to compensation by the City or adjacent landowners as may be agreed to by the applicant and the City. Main entry streets and drives, 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 City Engineer. 80. Access points and turning movements of traffic shall be restricted as follows: CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 H. Two access/egress drives on Dune Palms Road centered approximately 425 and 1,375 feet north of the current centerline intersection with Avenue 48 plus a third drive at the north end of this property. I. One access/egress drive at the east end of this property's frontage on Avenue 48. Prior to occupancy of permanent buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. 81. The applicant shall provide landscape improvements in the landscape setbacks along Dune Palms and Avenue 48. 82. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians and common retention basins, shall be prepared by a licensed landscape architect. 83. Landscape and irrigation plans shall be approved by the Community Development Director. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 84. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 85. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly - or commonly -maintained landscape areas. 86. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 87. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 25, 1995 88. he applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. These amenities shall include, as a minimum, a bus turnout location and passenger waiting shelter along the following street(s): J. Dune Palms Road The precise location and character of the turnout and shelter shall be as determined by Sunline Transit and the City Engineer. 89. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 90. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications and applicable codes. 91. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. CONAPRVL.331 nALMI C - C_ S' epw 55' PR W 30 ERW 3o'C-RW ' 3 6� 1 2- I Z l S 3 G' 36 7 z� PAYEMEiJ T cvfQrH 30' E R w 30 ��RW �3=� ti 58� PFYENI��n' w�o7u,� -Pp vc,tilE v r .Ji E R w = Exis-riNG 121GKT o F 41AY 1 PRW = PRQPosr=D RIGHT 'OP Ln Vol �01 W J Q4 v W fn P— ATTACHMENT Native Desert Rancho La Quinta a a Native Desert Scattered trash and debris Avenue 48 ---)0 CASE MAP CASE • PUBLIC i�4-11 OCR, ORTH SCALE: NTS j RIVERSIDE COUNTY _ARRY D. SMITH, SHERIFF May 23, 1995 Sheriff 82-695 DR. CARREON BLVD. • INDIO, CA 92201 • (619) 863-8990 City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, California 92253 RE: Public Use Permit Dear Mr. Sawa, {�U ; a MAY 3 PL 5-016 The Sheriff's Department has no negative comment on this permit. Regarding sheriff's staffing, the project will not significantly impact the Sheriff's Department's ability to provide services. Regarding project design, all parking areas, entrances/exits and walkways should contain ample lighting which will deter criminal activity and provide a safer environment for all. The project entrance should also be well lighted with street addresses highly visible to aid any responding emergency vehicles in locating the facility. We appreciate the opportunity to comment on the project from the law enforcement point of view. Sincerely, LARRY,9,9 SMITH, SHERIFF RONALD F. DYE, Captain Indio Station Commander 1VPtq1 I 1 COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 *LA QUINTA, CALIFORNIA 92253.1080 TELEPHONE (619) 398-5811 o FAX (619) 398-5848 IIDPD-DDC May 31, 1995 SUN 0 �. 15g5 Mr. Stan Sawa City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Re: Public Use Permit 95-016 - Desert Sands Unified School District Educational Services Center - IID File No. 626 Dear Mr. Sawa: Review of the plans for the Educational Services Center has concluded it will impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on Imperial Irrigation District's (IID's) system. These demands impact existing facilities at peak loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. This added demand may also directly affect power rates in the IID's service area, possibly resulting in higher electric rates in future years. A Developer's Information Letter is enclosed which specifies IID's electrical requirements. We are also providing a copy of our letter dated March 17 to Gary Walker & Associates, the engineering firm hired by Desert Sands Unified School District. In this letter, we addressed some of the concerns we had related to the electrical service to this project. Please pass this information along to the applicant. Thanks for the opportunity to provide input. If you should have any comments or concerns, please contact me at (619) 398-5818 or John Salas at 398-5834. Sincerely, THOMAS F. LYONS, JR., P.E. Senior Engineer Enclosures rg IIDPD-DDC Mr. Frederick Wolff, C.S.I. Gary Walker & Associates 1836 Patricia Avenue Simi Valley, CA 93065 March 17, 1995 SG RE: GWA #94-127, Desert Sands Educational Services Center N/O Avenue 48, E/O Dune Palms, La Quinta Dear Mr. Wolff: After reviewing the plans for the Educational Services Center, we felt it was necessary to provide you with feedback that will facilitate the development of your project. This feedback is provided below and on the plans themselves. 1. Point of connection to utility facilities. 2. Size and location of easement or rights -of -way. 3. Size and routing of customer provided conduits. To reiterate, the conduit routing depends on the final design. I have drawn a proposed conduit route on the enclosed prints. Our La Quinta Substation is located on the southwest comer of Jefferson and Avenue 48. We have a proposed conduit system running westerly from the substation along Avenue 48 to Dune Palms Road., then north to Highway 111. This duct bank system will consist of twelve 6" primary ducts, three 4" secondary ducts, and two 2" communication ducts. This system requires concrete encasement. The owner and/or developer will need to install this duct bank along the entire Dune Palms Road and Avenue 48 frontage. This duct bank system must also be installed under and east of the Coachella Valley Water District wash. Underground conduits need to be extended from the substation to the north side of Avenue 48. The owner and/or developer must pay line extension charges for the construction of an overhead line. This line will Mr. Frederick Wolff, C.S.I - 2 - March 17, 1995 extend from the substation conduit system to the duct bank system, on the east side of the wash. Based on this preliminary design, there will be two 6" conduits and one 4" conduit required inside this facility. We are also enclosing a set of specifications for our underground conduit installations and a Developer's Information Letter. The required easements will be 10' in width for the conduit systems and 15' in width in the area around the switch vaults. A 10' radius around the switch vaults must be clear of landscape vegetation for the safety of our personnel when operating and maintaining the switches. III) must have access at all times to our facilities. If any facilities are located within a secured area, provisions must be made to allow for 24-hour access. If the transformers are to be located in an area that is near vehicle traffic, protective posts must be installed. 4. Size and location of transformer pad and customer -provided pullboxes. 5. Approximate transformer type, KVA, percentage impedance, dimensions, and clearances. 6. Secondary voltage and phase. We will locate the transformer as close to the main panel as possible, normally within 25 feet. We generally size the transformer(s) to match the main panel. For a 5,000-amp main panel, we require a load calculation to obtain a suitably sized transformer. An option you may consider is to split the panel for the maintenance and operations building from the main panel, and have it served from a second transformer. This would allow you to reduce the size of the main panel. The location of the primary and secondary pullboxes will depend on the final design. We use wye-wye, 7200/1.2470, 277/480-volt transformers. Again, the size (in KVA) and percentage impedance will depend on the load calculations you provide. The 6' high transformer will sit on an 8' x 8' x 5" concrete pad. Code requires the transformer be at least 3' from any walls. We would like, however, a minimal clearance of 10' to allow for adequate transformer cooling. 7. Available short circuit current at transformer secondary. This depends on the size of the transformer. Generally, the current will range from 20,000 to 45,000 amperes for 1,000 and 2,500 kVA transformers, respectively. Mr. Frederick Wolff, C.S.I - 3 - March 17, 1995 Some general comments: a) For electrical panels rated 600 amps and above, please provide the manufacturer's diagrams to IID for approval before purchasing the panels. IID will not be responsible for costs incurred for panels purchased by the customer, but not approved by IID. b) The electrical panels will conform to the Electric Utility Service Equipment Requirements Committee (EUSERC). For example, the EUSERC maximum meter height is 72.5 inches above the floor, whereas, the diagram on plan E-3 shows that it may be approximately 80 inches above the concrete housekeeping pad. c) It is the customer's responsibility to install all conduits required to serve remote loads such as parking lot lights, irrigation timers, landscape lighting, fountain pumps, gate motors, etc. d) IID's requirement for bus bar current density is a maximum of 1,000 amperes per square inch. Bus bars having a higher current density design will not be accepted by IID. e) Any bus 800 amperes or greater will be solid bus bar, rather than wire. f) Any breaker, 1200 amperes or greater, must have CFI protection. If you have any questions about these specifications, please contact me at 398-5818 or John Salas at 398-5834. THOMAS F. LYONS, JR., P.E. Engineer, Senior TFL:rg enclosures cc: John Salas Tom King CORR95/DES-SAND z, ti vowia COACHELLA VALLEY POWER DIVISION 81.600 AVENUE 58 u P.O.BOX 1080 •LA QUINTA, CALIFORNIA 92253.1080 TELEPHONE (619) 398.58-11 • FAX (619) 398.5848 DEVELOPER'S INFORMATION LETTER (Effective September 15, 1994) As an Owner, Developer or Contractor involved in today's new residential and/or commercial developments, you are well aware of how timing can make the difference between the success or failure of any project. The importance of establishing and adhering to realistic construction schedules is equally as important to the success of that project, as is project funding. With current and projected demands for residential and commercial units within the service area of the Imperial Irrigation District (District), Developers establish a comprehensive development plan for the successful marketing of their project. The District, likewise, in order to provide electrical service in a timely manner to various projects, must also set schedules to keep pace with the demands for services. In that regard, the following information is provided as a guide to assist the Owner, Developer or Contractor in the planning and scheduling of his/her project(s). All of the general and specific requirements set forth in the "Project Service Schedule" must be followed in the sequence listed, therein. When underground facilities are to be included, the District will provide a complete set of underground duct, vault, transformer pad and riser pole system installation drawings and associated specifications for each project or project phase. It is the responsibility of the Owner(s), Developer(s) or Contractor to provide and install the underground conduit and vault system complete, at the Owner's, Developer's or Contractor's expense, to and including any street lighting systems required by and approved by the City or County agency having jurisdiction in the project area. Lighting systems must be approved in advance of installation by both the County and the District within a County Service Area (CSA), and shall be designed by and included with the District's underground power system drawings. The District will provide an Underground Power Inspector during the actual installation of conduit and vault systems. Any request for inspections on a project must be scheduled with the District 48 hours prior to actual need. Failure on the part of the Owner(s), Developer(s) or Contractor, to schedule and/or obtain an inspection and approval for any portion of the lighting or underground power systems, may result in the total rejection of the newly installed systems. Developer's Letter -3- September 15, 1994 These guidelines, as provided by the District, herein, are not a guarantee expressed or implied that electrical service will be provided to a particular project or phase of said project, nor that electrical system designs or service will be provided within the time frame so stated or implied, herein. To eliminate any misunderstandings concerning the District's assumption of liability for personal injury or property damage prior to or following the completion of the underground duct and vault system by the Owner(s), Developer(s) or Contractor, please note the following: The Owner and/or Developer will be required to acknowledge, in writing, that the District assumes no responsibility for safety, maintenance, repair or corrections for any on -site or off -site electrical distribution system equipment or facilities until the system and facilities are occupied and energized by the District. The Owner(s), or Developer(s) will be required to sign and have notarized an Indemnification Statement prior to obtaining electrical power service for the development project. The person or persons executing the said statement are legally authorized by the Owner(s) and/or Developer(s) to enter into the Agreement and that same is binding on all parties having ownership of, or contractual interest in the land and/or development project. Please refer to EXHIBIT "A", sheet 8 of 8. of this informational letter for the standard recording form format required by the State of California for recordation in both Imperial and Riverside counties. The District's Indemnification Statement has been incorporated on this form for your convenience as well as notes relating to the required legal description of the site or project. Note that the property and/or the development's legal description may require more space than is provided on the form due to text size requirements per government code. Please refer to the legal description of the property or project site as EXHIBIT "A" and any associated maps or drawings as EXHIBIT "B." The following is a sample of a legal description that will fit into this format. THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 19, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' AND DELINEATED IN EXHIBIT `B," ATTACHED HERETO AND MADE A PART HEREOF. Developer's Letter -5- September 15, 1994 8. Graphic scales on all Auto -Cad drawings. 9. One hard copy of total connected electrical loads for each building style or floor plan. 10. All parcel map property corners or tract map boundary corners shall be tied to section or 1/4 section corners. 11. The following easement requirements shall be recorded on the title sheets of tract and/or applicable parcel maps within City limits. OWNER'S STATEMENT WE, HEREBY, OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS AND/OR PUBLIC STREETS SHOWN ON THIS MAP FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT; AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION, AND EMERGENCY VEHICLES. CERTIFICATE OF ACCEPTANCE GOV. CODE SEC. 27281 1, HEREBY, CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90, DATED MARCH 22, 1990, THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, 'HEREIN. DATED: _ BY: SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) O SUPERINTENDENT, GENERAL IID POWER CONSUMERS SERVICES (( For Imperial County areas)) Developer's Letter -7- September 15, 1994 NOTE: Any changes made by the Applicant: to the project that will require the District to make modifications or changes to the original design of the electrical facilities for the project will cause the project schedule to revert back to Item 2. PLEASE FORWARD ALL MAPS, AUTOCAD MEDIA AND CORRESPONDENCE TO: COACHELLA VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued_ 81-600 Avenue 58 P.O. Box 1080 La Quinta, California 92253-1080 Issued By: Telephone: (619) 398-5854 Section or Unit:_ Fax Number: (619) 391-5999 Received By: Owner, Developer and/or Agent IMPERIAL VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued:. 333 East Barioni P.O. Box 937 Imperial, California 92251-0937 Issued By: Telephone: (619) 339-9182 Section or Un Fax Number: (619) 339-9140 Received By: Owner, Developer and/or Agent PC- ATTACHMENT DESERT SANDS UNIFWD SCHOOL DISTRICT February 1,1.995 F -EDUCA'110NAL SERVICES C8DTF-R AREA SUM &nON 1. BOARD ROOW/SUPERINTENDENT ................... 6,333 s.f. (1) 2 PERSONNEL SERVICES ........................... 4,188 s.f. (2) A. PERSONNEL SERVICES ................ 3,629 s.f. B. SECURITY ....... ................... 559 61 3. EDUCATIONAL SERVICES ............. . ........... 25,980 sf. A. ADMINISTRATION ............... . _ ..... I j731 s f. (3) B. SPECIAL PROGRAMS ................... 3,583 sf. (3) C. STATE 8 FEDERAL PROJECTS (S.F.P.O.) ... _ 3.373 sf. (3) D. CHILD WELFARE & ATTENDANCE (C.W.A.) .. _.1,218 sf. (4) E_ SPECIAL EDUCATION ................... SAM sf. (5) F. ED. TECHJTFWNINWROADCA61ING ...... 5;298 s.f. (5) G. MEDIA CENTER ............. ,....... - . • • 2,713 s.f. (6) H. GRAPHICS ............................ 4;456 s.f. (6) 4. BUSINESS SERVICES ........................ ....7,363 s.f. (7) A. ADM➢msTRA11ON ......................1.889 s.f. B. F18CAL SERVICES ............... .......3,565 s f. C. FACIUTIES(ACQUISMON/CONSTRUCTION ... 1,889 s_f. 5. OPERATIONS ............................. 85,939 sf. A. ADMINISTRATION .................... 1,540 sf. (6) B. PURCHASING ......................... 1;812 s.f. (8) C. WAREHOUSE .... 1 . .... _ ........... 35,749 sf. (9) D. SECURED -RECORDS STORAGE ......... 1,053 sf. (9) E. FOOD SERVICES ..................... 15,488 s.f. (10) F. TRANSPORTATION .................. 9,645 s.f. (11) G. MAINTENANCE & OPERATIONS ......... 20,652 s.f. (12) SUB -TOTAL 129,803 s.f_ 6. COMMUNITY SPACE ........................... 7,936 sf. A. INTER AGENCY SERVICES .............. 5,567 sf. (13) B. DAY CARE CENTER ................... 4369 s.f.' (14) SUB -TOTAL 137,739 s.f. 7. OTHER ...................................... 17,469 s.f. (15) A. TOILETS/CUSTODIAL ................... 4016 s.f. -B. CtRCULATtOWELECTRICAL .............. 15,453 s.f. SUB TOTAL 155,208 s.f. 8. CITY OF LA QUINTA PUBLIC WORKS ................ 8,960 S.f. (16) A. OFFICES ... . ....... . .................. 39160 51 B. MAINTENANCE YARt2BUILDINGa .......... 5,800 s.f. (3q5 o `sf , e i4 TOTAL AREA ....................................... 164,168 s.t. INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-300 Prepared for., Public Use Permit 95-016 Desert Sands Unified School District Educational Services Center and City Corporate Yard, La Quinta, California Prepared by: City of La Quinta Community Development Department 78-495 Cane Tampico La Quinta, California 92253 June 9,1995 2 TABLE OF CONTENTS Section Page 1 INTRODUCTION 4 1.1 Overview of the Proposed Project 4 1.2 Purpose of ]initial Study 4 1.3 Background of Environmental Review 4 1.4 Summary of Preliminary Environmental Review 5 2 PROJECT DESCRIPTION 5 2.1 Project Location and Environmental Setting 5 2.2 Physical Characteristics 5 2.3 Operational Characteristics 5 2.4 Objectives 6 2.5 Discretionary Actions 6 2.6 Related Projects 6 3 ENVIRONMENTAL ANALYSIS 6 3.1 Land Use and Planning 7 3.2 Population and Housing 8 3.3 Earth Resources 10 3.4 Water 12 3.5 Air Quality 15 3.6 Transportation/Circulation 19 3.7 Biological Resources 21 3.8 Energy and Mineral Resources 24 3.9 Risk of Upset/Human Health 24 3.10 Noise 26 3.11 Public Services 27 3.12 Utilities 29 3.13 Aesthetics 31 3.14 Cultural Resources 32 3.15 Recreation 34 MANDATORY FINDINGS OF SIGNIFICANCE 35 EARLIER ANALYSES 35 4 SECTION 1: INTRODUCTION 1.1 OVERVIEW OF THE PROPOSED PROJECT The purpose of this Initial Study is to identify the potential environmental impacts of the proposed acquisition and development of 24.5 acres of land located at the northeast comer of the intersection of Dune Palms Road and Avenue 48. The future address of the project will be 47-950 Dune Palms Road. The parcel is located in the northeastern section of the City. The Desert Sands Unified School District is the project applicant. The project is the proposed new Administrative and Educational Services Center for the District. In addition, a portion of the project area will be leased by the City of La Quinta for use as the City core. yard. The City of La Quinta owns the property and is proposing to sell the property to the Desert Sands Unified School District for a nominal fee. In return, the school district will construct and lease back to the City a small portion of the project site for use as the City Corp. Yard. The purchase and lease will be formalized through a Disposition and Development Agreement (DDA) to be approved by both the City Council and the School District. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve the proposed development. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the land acquisition, the City of La Quinta Community Development Department has prepared this Initial Study. This document provides a basis for determining the nature and scope of the subsequent environmental review for the proposed acquisition and development of the land. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: • To provide the City with information to use as the basis for deciding whether to prepare and environmental impact report (EIR) or a negative declaration for the acquisition and future development; • To enable the applicant or the City of La Quanta to modify the project, mitigating adverse acts before an EIR is prepared, thereby enabling the project to qualify for a mitigated negative declaration of environmental impact; • To assist the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed project; • To facilitate environmental review early in the design of the project; • To provide documentation for the findings in a negative declaration that the project will not have a significant effect on. the environment; o To eliminate unnecessary EIR's; and, o To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW The proposed project was deemed subject to the environmental review requirements of CEQA in light of the proposed development by the School District. The Environmental Officer for the Community Development Department prepared this Initial Study and addendum for review and certification by the Planning Commission for the City of La Quinta. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This initial study indicates that there is a potential for adverse environmental impacts on some of the issue areas contained in the Environmental Checklist. Mitigation measures have been recommended in a Mitigation Monitoring :Plan (MMP) which will reduce potential impacts to insignificant levels. As a result, a. Negative Declaration of Environmental Impact will be recommended for this project. An EIR will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and federal lands to the south. The City of La Quinta was incorporated in 1982. 2.2 PHYSICAL CHARACTERISTICS The proposed development site will consist of a 24.5 acre Educational Services Center composed of maintenance, operations, transportation, warehousing, nutritional services, and the City of La Quinta's Public Works Yard. The project will be financed with public sources of funds. 2.3 OPERATIONAL CHARACTERISTICS The Educational Services Center will function as an administrative and operational headquarters for the School District, and a portion of the project will function as the City's Public Works Yard. 3 2.4 OBJECTIVES The objectives of the proposed development is to (1) create a clustered administrative and operational headquarters campus for the Desert Sands Unified School District; and, (2) create a city corp. yard for the Public Works Department of the City of La Quinta. The City will lease from the School District that portion of the site that will serve as the coup. yard, under a mutually beneficial arrangement. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project, the government agency is the City Council for the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed project will require discretionary approval from the City Council for the following: • Approval of a Public Use Permit for the project. • Certification of the environmental assessment and determination for the project. 2.6 RELATED PROJECTS There are no related projects to the proposed school district project SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the development of the Educational Services Center. CEQA issue areas are evaluated in this addendum as contained in the Initial Study Checklist. Under each checklist item, the environmental setting is discussed, including a description of conditions as they presently existwithin the City and the areas affected by the proposed project. Thresholds for significance are defined either by standards adopted by responsible or trustee agencies or by referring to criteria in CEQA (Appendix G). 7 3.1 LAND USE AND PLANNING Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County. The valley is abundant with both plant and animal life. Topographical reliefTanges from -237 feet below mean sea level (msl) to about 2,000 feet above msL The valley is surrounded by the San Jacinto Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountain range. The San Andreas fault transects the northeastern edge of the valley. Local Environmental Setting The proposed project site is located east of Dune Palms Road, and north of Avenue 48, on a triangular shaped parcel that is bounded on the southeast by the La Quinta Evacuation Channel. The land is vacant, undeveloped, sand dune environment. The sand dunes are stable dunes with mesquite substructures. There has been some disturbance of the site by off -road vehicles and garbage dumping. A. Would the project conflict with the general plan designation or zoning? No impact. The parcel is zoned R 2-8,000 (Multiple Family Residential, with a minimum lot size of 8,000 square feet), and designated as Mixed/Regional Commercial (M/RC) on the General Plan. The City's Zoning Ordinance permits public institutions such as the Educational Service Center to be located on any parcel regardless of zoning or land use designations. Thus, there is no identifiable conflict concerning this issue. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies related to development on site are identified in La Quinta's General Plan and the Master Environmental Assessment for the City. The property involved in the proposed project is located within Redevelopment Area #2 which includes all of the northern sector of the City. The redevelopment plan for the area relies upon the General Plan to indicate the location and extent of permitted development. As a result, the future development plans for the property are consistent with the adopted Redevelopment Plan. The development envisioned for this property will not exceed the development standards contained in the City's General Plan and Zoning Ordinance. C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. No agricultural lands are located on the site. The La Quinta General Plan does not contain an agricultural land use designation although there are agricultural land 8 uses existing in the south and southeastern portion ofthe City. MAorically, there has been some farming activity in the northern section of the City. The property involved in this project does not appear to have been disturbed by any type of farming activity. There are no existing agricultural producing activities within or adjacent to the proposed project site. Thus, no impact on agricultural resources or operations will result from the proposed project. (Sources: La Quinta General Plan; Zoning Ordinance; Site Survey) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No Impact. The project site will be developed with office and maintenance buildings as permitted by an approved public use permit by the City's General Plan. The nearest residential land uses are located to the north and east of the parcels. The future development of the parcel will not disrupt or divide this community. The future development will not affect the physical arrangement of existing neighborhoods or other types of developments in the northeastern sector of La Quinta. (Sources: Site Survey; Proposed Site Plan) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making it the second fastest growing city in the Coachella Valley. The number of city residents blossomed from 4,992 to 11, 215. La Quinta's share of the entire valley population increased from 3.7% in 1980 to 5.1% in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). The City's population as of January, 1994, is estimated by the State Department of Finance to be 16,634 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has approximately 8,000 seasonal residents who spend three to six months in the City. It is estimated that 30% of all housing units in the City are used by seasonal residents. The average occupancy is 2.5 person per unit. The housing stock as of 1993 is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes, for a total of 8,483 units. Ethnicity information from the 1980 Census, for the area that is now the City of La Quinta revealed that 80.8% of the La Quinta resident population as caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1% as Asian, and .5% as Native American. The results of the 1990 census show a mix of 70% Caucasian, 26% Hispanic, 1.6% Afro-American, 1.5 As Asian, and 1.0% Native American. The most current information available on employment of La Quinta residents is from the 1980 Census. At that time, almost 57% of the La Quinta work force worked at white collar jobs, while 43% were in blue collar occupations. Among those in white collar jobs, 2 16.4% were professional/technical positions, 13.3% were in managerial positions, 14.0% were in clerical positions and 13.0% were in sales. For blue collar workers, 15.6% were in crafts, 4.1% were machine operators, assemblers, and inspectors, 14.2% were in service jobs, 3.8% were laborers, and 5.6% did farm work. Major employers in La Quinta include the La Quinta Hotel and Resort, PGA West, Von's, Simon Motors, City of La Quinta, WalMart, Albertson's, and Ralph's. For planning purposes, the Southern California Association of Governments has projected employment, housing, and population for cities that make up the SCAG region. A key objective of SCAG's Growth Management Plan is to achieve jobs/housing balance within each subregion that makes up the larger SCAG planning area. The ideal jobs/housing balance ratio, according to SCAG is 1.27 jobs for every housing unit in 1984 and 1.22 in the year 2010. Jobs -rich (housing -poor) regions have ratios greater than the regional average while housing -rich regions have ratios less than the regional average. Local Environmental Setting The project site is currently a vacant, 24.5 acre parcel with no housing units or other structures. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The future development proposed will result in no new residential units. Temporary construction jobs will be created as the Educational Service Center buildings and facilities are built. (Source: SCAG Growth Management Plan) B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? No Impact. The proposed ]Educational Service Center and City core. yard will not provide any new facilities in the city or the School District, but will replace existing facilities and consolidate those facilities. Thus, there is no anticipated growth inducement resulting from the proposed project. C. Would the project displace existing housing, especially affordable housing? No impact. No existing residential units are located on the project site. The future development plan is to construct a school district headquarters and city Corp. yard facility utilizing public finds. The proposed project would not result in the displacement or removal of any existing housing units as there are none. (Source: Site Survey) 10 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a relatively flat topography, except for the hillside area on the southern portion of the City, and the sloping Cove area. The City has elevations of 1,400 feet above msl in the northeastern section. Slopes on the valley area of the City are gentle, except in the sand dune areas. The alluvial soils, that make up most of the City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands in most areas. Local Environmental Setting The area where the parcel is located is in an only partially urbanized part of the City. There are several A review of historical aerial photographs indicates that the site has never been developed. The average elevation of the site is approximately 60 feet above ms1. Rolling sand dunes provide some local relief There has been no recorded fault activity from the nearby inferred faults, thus there is a low probability for such activity. The City of La Quinta lies in a seismically active region of Southern California. Faults in the area include the San Andreas fault located several miles to the north, and two inferred faults transecting the southern section of the City. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Than Significant Impact. There is an inferred fault line located approximately 2,000 feet to the west of the parcel. This fault is considered potentially active, although no activity has been recorded for the last 10,000 years. A major earthquake along the fault would be capable of generating seismic hazards and strong groundshaking effects in the area. None of the inferred faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. Thus, no fault rupture hazard. is anticipated for the project site. ( Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; City of La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismic ground shaking? Less Than Significant Impact. The proposed residential project will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will bring people to the site who will be subject to these hazards. The Riverside County Comprehensive General Plan indicates that the parcel is near the boundary of 11 Groundshaking Zones III and IV. Any buildings constructed will be required to meet current seismic standards to reduce the risk of structural collapse. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed project site is not anticipated to be subject to ground failure hazards from earthquake or other events. The La Quinta General Plan indicates that the project site is not within a recognized liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the ground surface. D. Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast portion of the City, might experience some moderate wave activity as a result of an earthquake and groundshaking. However, the lake is not anticipated to affect the City in the event of a levee failure or seiche. E. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The terrain within the project is that of rolling sand dunes and pockets of relatively flat ground. The parcels are some distance away from hillsides and would not be impacted by landslides or mudslides, nor cause slides to occur. F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading or fill? Potentially Significant Unless Mitigated. The soils on the site and geotechnical studies done in the project vicinity show that the site is underlain by alluvial deposits of Pleistocene age. The soils on the site consist of Myoma Fine Sands (MaD) and (MaB). The MaD soil type is commonly found on dunes and alluvial fans. Runoff is very slow and the erosion hazard is slight. The hazard of blowing soil is high. This soil is used for homesites, recreation, and agriculture. Runoff is medium; the erosion hazard is slight. However, the hazard of soil blowing is high. The future project will involve mass and final grading activities which will disturb the existing topography of the parcel. Compliance with approved grading and drainage plans, as well as recommendations of geotechnical studies for the project will ensure structural 12 integrity of development on the site, and mitigate blow sand potential. Soil stabilization will be a required mitigation during the grading and construction phases of development. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The parcel to be developed is not located in an area which is considered to have subsidence hazards, according to the La Quinta MEA. Dynamic settlement result in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. The parcel is not located within the area that has been identified as having this potential hazard. Thus, there is no required mitigation required on this issue. (Source: La Quinta MEA) H. Would the project result in or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The underlying soils on the parcel does not have a high potential for expansion; thus, construction of the proposed buildings and facilities is not expected to be subject to problems from soil expansion. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to approval of building permits. (Sources: USDA Report and General Soils Map for the Coachella Valley) I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique geologic features in the La Quinta area. These unique geologic features are not located in or near enough to the project site to be affected by the proposed project. (Sources: USGS La Quinta Quadrangle; Site survey) 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layers of rock material) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater Basin which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via thirteen wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower 13 thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated to federal drinking water standards and distributed to users through the existing potable water distribution system. Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality in the area. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet is considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in Lake Cahuilla; lakes in private developments which are comprised of canal water and/or untreated ground water; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids (TDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stoimwater runoff. The National Pollutant Discharge Elimination/system (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta is participating in completing permitting requirements. Local Environmental Setting The project site does not have any standing water on it or near it. The nearest stand of surface water is Lake Cahuilla, located over 5 miles to the southeast of the parcels. The La Quinta Evacuation Channel is located adjacent to the southeast of the parcel, but is dry except during seasonal storms. The channels purpose is to provide directed drainage of stormwater to the Whitewater River Channel which is located north of State Highway ill. 14 The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas, W-1). The intent of the zoning district is to allow development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Potentially Significant Unless Mitigated. The future development of the proposed structures will necessitate the submittal of a drainage plan along with a grading plan in order to determine the required retention facilities and drainage infrastructure needed for the project. A retention basin is proposed in the northeast comer of the project site. The retention basin will be required to be engineered to the appropriate capacity and design to contain stormwater emanating on site. Since the parcels total more than 5 acres, the project will be subject to the requirements of NPDES. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less Than Significant Impact. The site is not within a designated flood hazard area. The site is protected by the Whitewater River Channel located to the north, as well as the La Quinta Evacuation Channel that is adjacent to the southeast of the project site. The proposed retention basin will capture and retain any on -site flood waters. (Source: La Quinta MEA; site survey) C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. Runoff from the parcel will be directed into the La Quinta Evacuation Channel, and ultimately, the Whitewater River Channel. There are no bodies of surface water on or adjacent to the parcel. Stormwater that drains into the Whitewater River Channel will ultimately empty into the Salton Sea. D. Would the project result in changes in the amount of surface water in any water body? No Impact. Although an increase in runoff volume will occur, this increase is not expected to impact surface water. The size of the project represents only a very small percentage of the drainage tributary area for the City. (Source: Site Plan) 15 E. Would the projectresult in changes in currents, or the course or direction of water movements? No Impact. The City of La Quinta does not have any substantial bodies of water or rivers. There are many small man-made lakes and ponds on golf courses within the City. The Whitewater River and the La Quinta Evacuation Channel are stormwater channels that are usually dry except for runoff from seasonal storms. F. Would the project result in changes in quantity of ground waters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. Future development on the parcel will consist of administrative and maintenance buildings. G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The proposed project will not have a significant effect on groundwater wells. Therefore, it is not anticipated that there will be any alteration to the direction or rate of flow of the groundwater supply. H. Would the project result in impacts to groundwater quality? Less Than Significant Impact. Future development of the parcel will include concrete and asphalt pavement of portions of the project site. This pavement will reduce the absorption ability of the ground. Storm water runoff will be discharged into a city storm drain that will be directed to the La Quinta Evacuation Channel. Crankcase oil, hydrocarbons, and other particulate and liquid contaminates may be deposited on the pavement from parked vehicles. Following a heavy rain, these contaminates could be transported into the nearby storm channel and could contribute to groundwater and/or surface water pollution. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and in particular the Southeast Desert Air Basin (SEDAB). SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). A discussion of the jurisdictional organization and requirements is found in the La Quinta MEA. E The air quality in Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U.S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air quality at over 32 monitoring stations in and around the Basin. According to the 1989 South Coast Air Quality Management Plan, SEDAB experiences poor air quality, but to a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM 10 is frequently exceeded. PM-10 is particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles on unpaved roads, among other causes. Local Environmental Setting The City of La Quanta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMP, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs and one in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulate since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate and has been in operation since 1985. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? Potentially Significant Impact. There will be some pollutants as a result of vehicular traffic during the construction phases and from employees and visitors of the future development. According to the SCAQMD CEQA Air Quality Handbook, Table 6-2, the proposed project best fits with the Government Center category under the Institutional/Governmental land use threshold is 75,000 square feet of building area. The proposed total building area for the project will be 164,000 square feet, which is more than double the threshold. Thus, there would be a potentially significant air quality impact 17 resulting from this proposed project. The Significance Emission Thresholds established by the District consist of the following: 55 pounds per day of ROG 55 pounds per day ofNOx 274 pounds per day of CO 150 pounds per day of PM10 150 pounds per day of Sox State 1-hour or 8-hour standard for CO Projects that exceed the above thresholds with daily operation -related emissions (averaged over a 7-day week) are considered to be significant. Calculations were made for the proposed development of the Educational Services Center and City Corp. Yard. A 180- day construction period was assumed for the following short term construction impact: ROG 241.41bs/day Nox 3547.01bs./day CO 771.3lbs./day PM 10 251.01bs./day Long Term Emissions consist of the following: ROG 0.0Ibs./day Nox 4.6lbs./day CO 0.81bs./day PM10 0.21bs./day Long Term Mobile Emissions consist of the following: 18 ROG 30.0lbs./day Nox 49.7lbs./day CO 600.8lbs./day PM10 7.0lbs./day Total Emissions are as follows: ROG 60.1lbs./day Nox 53.2lbs./day CO 801.5lbs./day PM10 7.1lbs./day Percent Over Thresholds: ROG 106.8% Nox 53.2% CO 145.7% PM 10 4.8% Thus, there is a potential for significant impact from the development of the Educational Services Center and Corp. yard. A detailed air quality analysis shall be required to be submitted prior to issuance of grading or building permits. The analysis shall include recommended mitigation measures that become a part of the conditions of approval for the project. B. Would the project expose sensitive receptors to pollutants? Less Than Significant impact. Sensitive Receptors include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. The adjacent land uses consist of residential and golf development to the southwest, vacant land to the north and east, the stormwater channel to the southeast, and regional 19 commercial to the north of Highway 111. The closest school is the La Quinta High School located southwest of the intersection of Dune Palms Road and Westward Ho Drive, which is approximately a half mile to the northwest of the parcel. The closest existing park is Palm Royale Park located west of Adams Street and south of Fred Waring Drive, over a mile to the northwest. There are no known day care centers, medical facilities, or rest homes in the near vicinity of the parcel. C. Would the project alter air movements, moisture, temperature, or cause any change in climate? No Impact. The proposed project is not anticipated to result in any significant impact upon this issue area. All proposed buildings will be required to meet height and setback requirements, maintaining as low a profile as possible. D. Would the project create objectionable odors? No Impact. The proposed development will not be involved in activities which may create objectionable odors, such as waste hauling or the chemical products. However, a bus and district vehicle storage and maintenance facility is included in the project. These vehicles will be serviced, repaired, and washed. There may be certain odors from solvents and cleaners that may be detectable on site. It is not anticipated that these odors will be detected off -site. Vehicles traveling on nearby streets generate gaseous and particular emissions that may be noticeable on the project site. (Sources: Site Survey) 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 16,000 permanent residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system is a combination of early roadwork constructed by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late - winter, early spring months representing the peak tourist season and highest traffic volumes. High traffic volumes and out -dated geometrics contribute to the relatively high incidence of automobile accidents at the intersection of Washington Street and State Highway 111. Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Washington Street connects the 20 Cove and Village areas with the community of Palm Desert to the west. Two lines operate along Highway 111 serving trips between La Quinta and other communities in the desert. There are some existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems are to be completed as the city grows. Local Environmental Setting The subject property is located northeast of the intersection of Dune Palms Road and Avenue 48. Existing roadway conditions for the segment of Dune Palms Road that is adjacent to the parcel is an unpaved roadway. Avenue 48 is also unpaved. Both roadways are classified as a primary arterials, in the General Plan, with a 100 to 110 foot rights -of - way. A. Would the project result in increased vehicle trips or traffic congestion? Potentially Significant Unless Mitigated. The future development of the Educational Service Center and City Corp. Yard is forecasted to generate a daily average two-way traffic volume of 1477 trips. The A.M. Generated Peak Hour Total trips is 216, and the P.M. Generated Peak Hour Total is 222 trips. B. Would the project result in hazards to safPety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. There are currently no hazards from design features in the roadways, and no alterations to the existing design of Dune Palms Road or Avenue 48 are proposed. Automobile and motorcycle traffic are the only two types of vehicles that typically use the surrounding roadways. Upon completion of the project, school buses will emanate and terminate at the Center's bus barn facility. C. Would the project result in inadequate emergency access to nearby uses? No ]impact. The future project would not be permitted to obstruct emergency access to surrounding land uses. This requirement would be made a part of the project conditions of approval D. Would the project result in insufficient parking capacity on -site or off -site? No Impact. A total of 726 parking spaces are proposed. This includes 505 spaces for personal vehicles, 121 spaces for other vehicles, 100 spaces for busses and large equipment. A total of 17 handicapped spaces will be provided. The School District 21 employees number 250, with the City corp. yard to accommodate 30 employee parking spaces. The district board room occupancy will be 450. E. Would the project result in hazards or barriers for pedestrian or bicyclists? Less Than Significant Impact. The entire length of Dune Palms Road is a designated bicycle corridor, as well as Avenue 48. The greatest potential for pedestrian and/or bicycle accidents will involve traffic at the intersection of Dune Palms Road and Avenue 48. F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. There is no existing City policy that would require that this development be required to install bicycle racks. The requirement for bicycle racks will be left up to the School District. A public transit bus turn out could be required by the Sunline Transit Agency. The future project will be transmitted to the Agency for review and comment. G. Would the project result in rail, waterborne or air traffic impacts? No Impact. There is no rail service in the City of La Quinta. There are no navigable rivers or waterways, or air travel lanes within the City. Thus, there will be no impacts upon these issues. 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed environments within the City are classified as urban or agricultural. A discussion of these ecosystems is found in the La Quinta Master Environmental Assessment. Local Environmental Setting The parcel is located in the Sonoran Desert Scrub. Typically, undeveloped land within this ecosystem is rich in biological resources and habitat. The Sonoran Desert Scrub ecosystem is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water uses, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw upon water from considerable depths. The variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. 22 The Sonoran Scrub areas are considered habitat for a number of small mammals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rates are all common rodent species in this environment. The black - tailed hare is a typical mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal species found in this area is the Peninsular Big Horn sheep which is found at the higher elevations of the Santa Rosa and San Jacinto Mountain ranges. Birds and amphibians/reptiles can also be found in the Sonoran Scrub area. The parcel is vacant. There is a sparse scattering of vegetation on the parcels that is typical of the natural desert dune area. The La Quinta MEA indicates that the property is within the habitat of the Coachella Valley Fringe Toed Lizard. The Coachella Valley Fringe Toed Lizard has been listed as endangered by the California Fish and Game Commission and a threatened species by the US Fish and Wildlife Service, since 1980. The species is highly adaptable to loose, windblown sand and is able to rapidly run over the sand. The mapped description of the lizard's habitat includes the sand dunes north of Avenue 50. To mitigate the loss of the lizard's habitat due to development, there is a development fee which is used to acquire and maintain habitat areas in a Habitat Conservation Preserve near Thousand Palms. The City of La Quinta participates in this fee program as mitigation for habitat loss. A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Potential Significant Unless Mitigated. The parcel is located within the Coachella Valley Fringe Toed Lizard Habitat. To mitigate the loss of habitat, the applicant will be required to pay the mitigation fee at the current amount prior to submitting an application for a grading permit. (Source: La Quinta MEA) B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and Game or the US Fish and Wildlife Service. (Sources: La Quinta MEA; Site Survey) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? No Impact. There are no locally designated natural communities found on or near the parcel. Some of the surrounding parcels are developed with homes, a golf course, or 23 roadways. The parcels have had some disturbance, such as off -road vehicles and some trash dumping. D. Would the project result in impacts to wetland habitat (e. g. marsh, riparian, and vernal pool)? No Impact. There are no wetlands, marshes, riparian communities, or vernal pools on the subject parcels or nearby. Thus, there is no impact to these issue areas. (Source: La Quinta MEA; Site Survey) E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. Their are no known wildlife corridors on or adjacent to the parcel. (Source: La Quinta MEA) 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Area (SNLkM), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in the City come from the Imperial Irrigation District (lID), Southern California Gas Company, and gasoline companies. Local Environmental Setting There are no oil wells or other fuel or energy producing resources on the proposed project site. While the parcels are undeveloped, they are not a source of soil or gravel. The parcels are located within MRZ-1, a designation for those areas where adequate information indicates that no significant mineral deposits are present or where it is judged that little likelihood exists for their presence. A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management ordinance in place that focuses on the conservation of fuel. The Housing Element contains requirements for efficiency in housing construction and materials, thus reducing energy consumption. Future 24 development will be required to meet Title 24 energy requirements. No other mitigation is required for this issue. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less Than Significant Impact. Natural resources that may be used by this future project include air, mineral, water, sand and gravel, timber, energy, and other resources needed for construction. Future development will be required to meet Title 24 energy requirements for energy conservation. Any landscaping will also be required to comply with the landscape water conservation ordinance as well as the requirements of the Coachella Malley Water District. 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not located in La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County, although transportation of such materials out of, and around, La Quinta takes place. Local Environmental Setting In order to comply with AB 2948-Hazardous Waste: Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The parcel has not been used for any type of manufacturing in the recent past. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation)? Less Than Significant Impact. There is a minimal risk from pool chemicals and pesticides that may be used by the school district for school pools and grounds. No other risks are anticipated. 25 B. Would the project -involve possible interference with an emergency response plan or emergency evacuation plan? Less Than Significant Impact. Construction activities will be confined to the parcels, except for minimal off -site work as is necessary for project accesses, curbs and gutters. These activities will not interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. C. Would the project involve the creation of any health hazard or potential health hazards? Less Than Significant Impact. There are no anticiipated health hazards associated with projected future development of the parcel. Any hazards would be less than significant. D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no existing health hazards on the project site. The future development of the parcel is not expected to create any health hazards, as long as OSHA and other safety regulations are followed by District: and City employees. Development will be required to conform to zoning standards and all applicable health and safety codes. E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? Less Than Significant Impact. The project site is located in a natural desert dune environment with only sparse vegetation. Thus, there is minimal fire hazard on the site or in the surrounding area. 3.10 NOISE Regional Environmental Setting Noise levels in the City are created by a variety of sources in and near the City. The major sources include vehicular noise on City streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterials in the City. Local Environmental Setting The ambient noise level at the subject parcel is dominated by vehicle traffic noise from Highway I I I and Jefferson Street, the closest paved roadways. 26 Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use to the parcel is located to the west and southwest of the project site, with the Lake La Quinta and Rancho La Quinta developments. A. Would the project result in increases in existing noise levels? Less Than Significant Impact. The increase in vehicle noise resulting from future development of the parcel will contribute to the level of noise in the immediate area. This noise can be mitigated by the construction of perimeter block walls and landscape buffers. The existing (1992) noise levels for the project site range between 50 and 60 dBA . Staff has determined that the proposed project is most compatible with the Office land use category in Table 6.3 of the La Quinta MEA. Table 6.3, Land Use Compatibility for Community Noise Equivalent Levels (CNEL), indicates that office land uses have a normally acceptable CNEL range of 60 to 75. Below this range is clearly acceptable, and above this range is unacceptable. In order for the future development to have a less than significant noise impact, the operational noise levels will not be able to exceed 75 CNEL. Construction materials and design should take noise containment and reduction into account for the development. B. Would the project result in exposure of people to severe noise levels? Less Than Significant Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Office land uses should have a maximum exterior noise level of up to 75 CNEL. If the ambient noise level is higher than this standard, then it will serve as the standard. The future development of the parcel will result in short-term impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. (Source: La Quinta General Plan) 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriffs Department. The Sheriffs Department extends service to the City from existing facilities located in the City of Indio. The Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City is currently underserved. 27 Fire protection service is provided to the City by Riverside County Fire Department. The Fire Department administers two stations in the City; Station #32 on Avenue 52, west of Washington Street, and Station #70, at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved. The Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. Structural fires and :fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside area are barren and scattered brush on the valley floor is too sparse to pose a serious fire threat. Desert Sands Unified School District and the Coachella Valley Unified School District serve the City. There is one elementary school, one junior high school, and one high school within the City. These schools are within the Desert Sands Unified School District. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village area of the City. The existing facility opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. The County unadopted planning standards of 0.5 square feet per capita and 1.2 volumes per capita to forecast future facility requirements to serve the City. Utilizing this standard, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center. The Eisenhower Immediate Care Facility is a satellite clinic of the Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental Setting The nearest fire station of the project site is Station #32 located approximately 7 miles South of the parcels. Governmental services in La Quinta are provided by city staff at the Civic Center and by other County, state, and federal agency offices in the desert area. The project site is served by Truman Elementary School, La Quinta Middle School, and by La Quinta High School. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? 28 Less Than Significant Impact. The development of the parcel will increase the need for fire protection due to the construction of 164,168 square feet of building and yard area. Development shall comply with the fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazard on -site and to minimize the need for fire protection services. Unobstructed fire access will be required. Other code requirements (such as sprinkler systems, construction materials, etc.) will be required. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Less Than Significant Impact. The Riverside County Sheriffs Department was given the opportunity to review and comment on the proposed project. Comments have been received from the Sheriff s Department. Their letter states that the proposed project will not significantly impact the Department's ability to provide services. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less Than Significant Impact. The proposed school district project is exempt from the mandatory school impact fees normally imposed upon such projects. D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Than Significant Impact. The parcel is currently served by unpaved, unimproved public roadways. Both Dune Palms Road and Avenue 48 will be required to be improved as a condition of development of the proposed project. The proposed development will require new or altered government services for the maintenance of roadways and other public facilities, however, the impact to the existing City road maintenance crew is not expected to be of a significant burden. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? Less Than Significant Impact. Building, engineering, and planning services needed for the project will be offset by planning review, plan check, permit, and inspection fees charged to the developer. abi 3.12 UT LnUS Regional Environmental Setting The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and the Southern California Gas Company (SCG) for natural gas service. Existing power and gas lines and substations are found throughout the City. IDD has four substations in La Quinta, with electricity generated b-y a steam plant in El Centro and Hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services for the City. Colony Cablevision serves the area for cable television service. The Coachella Valley Water District (CVWD) provides water service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from 13 wells in the City. The wells range in depth from 500 to 900 feet. Potable water i3 stored in five reservoirs located in the City. The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City is served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Valley. Local Environmental Setting There are storm drain facilities adjacent to the project site on the southeast, a water trunk line (12" to 18") along Avenue 48 from Washington Street to just west of Adams Street, and a natural gas lime along Jefferson Street. An electrical substation is located on the southwest comer of the intersection of Jefferson Street and Avenue 48. Those utilities that are not currently available to the project site will need to be brought to the site. (Source: . La Quinta General Plan) A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Than Significant Impact. Power, sewer, and gas Hines have been brought in to the general vicinity of the parcel. Anticipated development will require sewer, electricity, water, and natural gas utilities. It is not anticipated that the project will require a significant enough level of electricity or natural gas to result in the need for new systems or alterations to existing systems. The project developer will have to coordinate with lID, CVWD, and SCG for the timely provision of utilities. 30 The projected electrical consumption has been calculated to be 3,298 kWH per day. Natural gas consumption is calculated at 10,645 cubic feet per day. (Source: Utiligen) B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less Than Significant Impact. The anticipated development of the parcel will require service from GTE or other purveyor for telephone communication. It is anticipated that an internal communication system will be installed at the District Center and for the City corp. yard. Radio antennas and relay equipment is anticipated to be installed. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less Than Significant Impact. The anticipated development will require water service. It is not anticipated that the development will result in a significant adverse impact upon the water resources of CVWD. Water consumption is calculated at 22,101 gallons per day for the project. D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? Less Than Significant Impact. The anticipated development will generate sewage which will have to be transported and treated by CVWD. The developer will be responsible for the cost of connection to the sewer system. Sewage generation is calculated at 18,416 gallons per day for the project. E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Less Than Significant Impact. The subject parcel is currently vacant and unpaved. The anticipated development of the parcel will result in substantial pavement and landscaping. Thus, storm runoff will be directed into the proposed retention basin to be located at the northeastern corner of the project site. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less Than Significant Impact. The anticipated development will require solid waste disposal services from Waste Management of the Desert, the current purveyor of solid waste collection. Solid waste may be transported to the three existing landfills in the Coachella Valley. These landfills are reaching capacity and may be closed in the near 31 future. Development must comply with the City's Source Reduction and Recycling policies. Any on -site programs will be coordinated with Waste Management. Solid waste generation is calculated at 8401bs. per day for the project, based on a planning standard of 4.001bs., per capita ( 210 employees), per day. (Source: La Quinta General Plan) 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove. There are hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Local Environmental Setting The subject parcel is located in a predominately vacant desert dune area in the northeastern portion of the City. Maximum building heights of 30 feet are proposed for the two-story office buildings. Color schemes typically consist of neutral, soft -toned desert colors. Views from the parcel consists of the San Bernardino Mountains to the far north, the Santa Rosa and Coral Reef Mountains to the south, and the cove residential development to the south and southwest. A. Would the project affect a scenic vista or scenic highway? Less Than significant Impact. The parcel is located within a designated Native vegetation area. This area has a high sensitivity for impact. There is low visual screening and vacant land in the area. The vistas from the parcel have been somewhat impacted by previous development in the general area. B. Would the project have a demonstrable !negative aesthetic effect? Less Than Significant Impact. The anticipated development will be required to comply with architectural and landscaping policies and ordinances of the City and the State Architect. Thus, there should not be a significant adverse impact upon the aesthetic qualities of the surrounding area. C. Would the project create light or glare? Potentially Significant Unless Mitigated. The anticipated development will include exterior security and landscaping lighting which will cumulatively contribute to the existing light and glare in the City. All such lighting fixtures shall be required to comply with the Dark Sky Ordinance and other policies of the City, in order to reduce the impact. 32 3.14 CULTURAL RESOURCES Regional Environmental Setting The history of the La Quinta area extends back to an era when much of the Coachella Valley was inundated by ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were people who had migrated across the Bering Strait more than 20,000 years ago. As their migration progressed, they passed through the Colorado Desert on their way to Central America. As time passed, the Coachella Valley became the home to a band of people that have come to be known as the Cahuilla Indians. The Cahuilla followed a hunting and gathering life style as they lived along the ancient Lakeshore and cove areas in the Valley. The archaeological record, as it is known today, extends back almost 6,000 years. The Cahuilla were divided into three geographic areas of the Valley; Western or Pass Cahuilla within Agua Caliente (Palm Springs area), Desert Cahuilla (from Pahn Springs east to the Salton Sea), and the mountain Cahuilla (south of San Jacinto Peak in the Santa Rosa Mountains). Traveling across boundaries to explore seasonal resources for ceremonial purposes was a part of their annual life cycle. Alfred Kroeber estimated that the original population (2500 individuals) has been reduced to about 750 by 1923. The most likely locations of prehistoric cultural resources in La Quinta are along the foothills. These resources are likely associated with. the availability of water and food resources. Temporary campsites can be found near game trail, springs, mesquite groves, grass stands, bedrock outcrops near food or water resources, marshy areas, or along the ancient lake shore. Isolated milling features, sparse lithic scatters, and isolated pottery scatters can be found almost anywhere in the City. In 1540, the first European explorer, Captain Hernando de Alarcon, entered Southern California at the Yuma crossing, which is located to the southeast of La Quinta. Approximately 100 years later, Spanish missionaries visited the area. A trail was established by the Cocomaricopa Indians across the Valley in 1821 as they carried mail through the San Gorgonio Pass between Tucson and Mission San Gabriel. White settlement in the Valley did not occur to any degree until the transcontinental railroads were constructed. The construction of the railroads brought with it the technology to drill water wells deep enough to sustain settlement in the valley. The Bradshaw Trail brought in settlers and freight both before and after the construction of the railroad. The Coachella Valley was the site of the most popular immigration rout to the southwest via the Southern Immigrant Trail. The Bradshaw Trail route passed through the Valley until 1915 when a graded gravel road was developed for automobile travel. 33 The settling of the La Quinta area has been chronicled by the La Quinta Historical Society in several publications and museum exhibits. There are 13 historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's which lead to incorporation of the City in 1982. The City has grown from a population of approximately 5,400 in 1982 to over 16,000 in 1994. The incorporated boundaries currently include over 31 square miles of area. Local Environmental Setting The subject parcel is located in the northeastern portion of the City. The closest, recorded historic sites are CA-RIV-4755-H (a trail), CA-Riv4749-H, CA-Riv-4750-H, CA-Riv- 4757-K CA-Riv-44748-H, CA-Riv-4747-H, and CA-Riv-4756-H, all located west of Dune Palms Road. There are over a dozen recorded prehistoric archaeological sites within a one -mile radius of the proposed project boundaries. (Source: Community Development Department files) Prehistoric archeological sites are numerous in the City. The subject parcel has not been surveyed by a qualified archaeologist. It is highly possible that there are subsurface cultural deposits, both historic and prehistoric, on the project site. Prior to any earth disturbance, an archaeological and historical survey and assessment must be conducted for the project site. The report of these surveys shall be scheduled for review by the Historical Preservation Commission for a recommendation to the Planning Commission. A. Would the project disturb paleontological resources`! Less Than Significant Impact. No significant paleontological resources have been found in the near vicinity of the subject parcels. The parcels are located higher in elevation than the highest extent of the ancient Lake Cahuilla lakeshore. (Source: Paleontological Lake Shore Deliniation Study) R. Would the project affect historical resources? Potentially Significant Impact Unless Mitigated. There are numerous archaeological resources within a one mile radius of the subject parcels. Roth insignificant sites and significant sites have been recorded in this area. Prior to any site disturbance, a site survey for historical sites and resources shall be conducted. Future grading and trenching will require monitoring, including off -site improvements, for any site determined to be of significance or potential significance. Any fill material imported to the project site must be certified to have come from a source that is sterile of archaeological materials. 34 C. Would the project affect historical resources? Potentially Significant Unless Mitigated. The subject parcels are vacant desert land and do not contain any visible structures. However, it is possible that there are subsurface historical deposits that would be disturbed by construction of the project. Thus, the construction of the proposed project could affect historical resources in the City. (Source: La Quinta General Plan; Land Use Survey) D. Would the project have the potential to cause a physical change which would affect unique ethnic cultural values? No Impact. The development of the proposed Education Service Center and City Corp. Yard will not affect any known ethnic cultural value. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no known religious uses or scared uses on the subject parcels. (source: Site Survey) 3.15 RECREATION Regional Environmental setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assesses the existing resources and facilities and the future needs of the City. The City contains approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845.0 acre regional Lake Cahuilla Park is not included in this count. There are also bike and equestrian pathways within the City and designated pedestrian hiking trails. Local Environmental Setting The subject parcel is vacant. There are no existing or designated park facilities on or nearby the proposed project site. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? 35 No Impact. The proposed project does not involve the subdivision of land for residential units, therefore, there are no park fees required of the proposed project. B. Would the project affect existing recreational opportunities? No Impact. The anticipated future development will not affect any existing park or recreation facility. SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The Initial Study for the proposed development could have potentially significant adverse impacts on some of the environmental issues addressed in the checklist. The potential significance can be lessened if the appropriate mitigation measures are implemented. A Mitigation Monitoring Plan (MMP) has been prepared for this project based upon this environmental assessment. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this environmental assessment: * The proposed development will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. * The proposed development will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. * The proposed development will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. * The proposed development will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSES a. Earlier Analyses Used. There are no previous development applications or approvals for the proposed project site. Thus, there have been no previous environmental studies prepared for the site, other W. than the La Quinta General Plan and Master Environmental Assessment prepared for the entire City. B. Impacts Adequately Addressed. Not Applicable. C. Mitigation Measures. Mitigation measures are discussed in this addendum. -where possible. A Mitigation Monitoring Plan (MMP) has been prepared for the proposed project that will become a part of the conditions of approval attached to the project development approvals and permits. ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-300 Case No.: Public Use Permit 95-016 Date: .TUNE 9, 1995 Name of Proponent: DESERT SANDS UNIFIED SCHOOL DISTRICT Address: 82-879 Highway 111, Indio Phone: 619-775-3500 Agency Requiring Checklist: CITY OF LA QUINTA Project Name (if applicable): DESERT SANDS UNIFIED SCHOOL DISTRICT EDUCATIONAL SERVICES CENTER CITY OF LA QUID TA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 H. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation Public Services Population and Housing X Biological Resources Utilities X Earth Resources Energy and Mineral Resources X Aesthetics Water Risk of Upset and Human Health X Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance III. DETERMINATION. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signature Date Printed Name and Title: LESLIE J. MO QUAND, Associate Planner For: THE CITY OF LA QUINTA 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? (source #(s): b) Conflict with applicable environmental plans cr policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact FA 0 X d) Disrupt or divide the physical arrangement of zn established community (including a low-income or minority community)? X 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X fl Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? X Potentially Potentially Significant Less Than Significant Unless Significant No impact Mitigated Impact Impact 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? x b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses? X d) Insufficient parking capacity on site or off site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? 3.8. ENERGY AND MINERAL RESOURCES. Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact r/ X a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X 3.9. RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: o;.l, pesticides, chemicals or radiation)? X b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazards? X d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass, or trees? X 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 3.12. UTELITIES. Would the proposal result in a need for new systems, cr substantial alternations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which X would affect unique ethnic cultural values? e) Restrict existing religious of sacred uses within the X potential impact area? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? X b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce &,e habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address si,:e-specific conditions for the project. w oa zA �A W ¢ ¢WWWQ aaA H > w�a ¢aa.¢ E- 8A �a zx t A �¢z zA �Az`� Uaa AAzA ~moo ®z zap HWsaWA AUW¢ W A z� �W O U a�Z H C7 z H O z �o �~ z Oz 04 O W� ao w a Al U a �• 0 0.4 0-4 a %0 S H A z� aa. U Uu w z C7 z �o �H ®z �o w L7 � - W PC G� Cr ® z d W Q A z� �a aU U U M rQ � C R ca G7 v o� z �o z c a � t c� a0 ca ss a ao 0 as PC QGY PC A Vl �id w a W o ooa cc C6 a, a a, E. a F a CO 0 UA�o ram', 0 '0 8 Qen i wt H A z v UU W USA pqw� �OQUv�Ow�U b z W°y APC u as s �O Vi E� &� W ►„� A4 �a w �AG7v� as a� o PCa y z A � a F, d .� . W ? 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M i W A Uz � d W �U O� � o PC U mW �U z 0 H o �� t� c GLl � C ®z cE3E EA a Uc A m4 .r 0-4 c a +r C/� 0 rA UZPC o y y E � G� 'a bDv a 0 F � c ►� ., � q� C e� c c as F � $0 cc °' W PC cl o P.- Cc '� "o Ca qe c� o � U «t H A IZ= U U F G7 Wz Co r F ®z �� w rA a� a w A v a z o .� ►.. Ag tn W o z a �; 9 U O PH*A STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1995 CASE NO.: MUNICIPAL CODE AMENDMENT 95-045 REQUEST: AMENDMENT TO THE LA QUINTA MUNICIPAL CODE BY REVISING TITLE 13 (SUBDIVISION REGULATIONS) LOCATION: CITY-WIDE ENVIRONMENTAL DETERMINATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 95-292 FOR THE PROPOSED PROJECT. BASED ON THIS ASSESSMENT, THE PROJECT COULD HAVE AN IMPACT UPON THE ENVIRONMENT, UNLESS MITIGATION MEASURES ARE CARRIED OUT THAT LESSEN THE IMPACTS. The Subdivision Ordinance revision process began in October, 1994 when the City retained NBS/Lowrey, Inc., of Temecula (NBS/L) to produce a new ordinance. NBS/L began by producing a preliminary draft of the new ordinance. The draft incorporated useful provisions and information from the existing ordinance, the La Quinta General Plan, the Subdivision Map Act, and from staff -provided information on the city's current policies and practices in processing subdivisions. Following the preliminary draft, City Staff and NBS/L began a repeating process of revisions to the draft beginning with mostly substantive changes, progressing to reorganization of material for readability, and finally to mostly grammatical corrections and fine -line legal issues. When the most substantive changes had been incorporated, the City convened an Advisory Committee of representatives from the development community. Committee members reviewed the draft on their own time and prepared written comments and suggestions. In two half -day work sessions, the Committee considered or made suggestive changes. Many comments resulted in revisions to the new ordinance. Attachment 1 is a list of participants in the Advisory Committee. When the Committee comments had been incorporated, the City held a public meeting to review the draft Ordinance. Attendees of the lightly -attended meeting made one suggestion - that the ordinance be made as comprehensive as possible, and one pcgt.120 compliment - that the draft was much easier to follow and understand than the previous ordinance. In the months since the committee process and public hearing, City staff and NBS/L have continued the successive revision process, including review and comments by the City Attorney. Significant changes in the new Ordinance are as follows: • Descriptions of the steps and responsibilities involved in La Quinta's processing and approval of various forms of land divisions. • Incorporation of many of the City's standard conditions of approval so they may be anticipated by developers seeking to subdivide property. • The incorporation of, or reference to, often -applicable elements of the La Quinta General Plan and the Subdivision Map Act. • An increase in labor and materials security from 50% to 100% of the estimated cost of improvements. This change complies with the provisions of the Subdivision Map Act. The main body of the draft Ordinance is bound and included with this staff report (Attachment 2). Attachment 3 is a list of final changes to be made prior to the final reading by the City Council. The changes are primarily related to grammatical style and organization of text. 1. Move to adopt Planning Commission Resolution 95-_, recommending to the City Council certification of a Negative Declaration for the Subdivision Ordinance Update. 2. The Planning Commission may recommend adoption as written with recommended modifications to this Ordinance, after receiving testimony. Move to adopt Planning Commission Resolution 95-_, recommending approval to the City Council of Municipal Code Amendment 95-045. Attachments: 1. List of Committee Members 2. Draft Document (Planning Commission Only) 3. Recommended Changes 4. Draft Resolutions pcgt.120 Attachme Subdivision Ordinance Committee Participants Ms. Marty Butler, 'President Williams Development Co. 42-600 Cook Street #135 Palm Desert, CA 92260 341-6880 Ms. Christine Clark Collett & Levy, CPA 10100 Santa Monica Blvd. #400 Los Angeles, CA 90067 310/277-3622 Mr. Tom Cullinan, Manager Rancho La Quinta 79250 Ave 50 La Quinta, CA 92253 777-7747 Mr. Dennis Cunningham Topaz & Assoc. 1535 South "D" Street San Bernardino, CA 92408 360-5194 Mr. Rick Doolsttle % Hall & Foreman 74-040 Highway 1 1 1, Suite L-214 Palm Desert, CA 92260 619/346-8161 Mr. Tom Hill P.O. Box 780 La Quinta, CA 92253 564-2155 Ms. Lindsey Lamberson % Coachella Valley Engineers 77899 Wolf Road #106 Bermuda Dunes, CA 92201 360-4200 Mr. Tom Lohrman Laguna De La Paz HOA 48-560 Via Amistad La Quinta, CA 92253 564-5008 Mr. Peter Murray % Peter Murray & Associates 78060 Calle Estado La Quinta, CA 92253 564-1165 Mr. Edward Schumacher, President Starlight Dunes HOA P.O. Box 1398 Palm Desert, CA 92261 360-0591 Mr. Bob Smith % Maniero Smith Associate Bank of Palm Springs Centre 777 E. Tahquitz Way #301 Palm Springs, CA 92262-7066 320-9811 Mr. Roger Snellenberger 55-695 Pebble Beach La Quinta, CA 92253 Mr. Bill Watson % Watson Companies 79-733 Country Club Dr. Bermuda Dunes, CA 92201 345-3222 Mr. Lloyd Watson 46480 Jefferson St. La Quinta, CA 92253 775-0773 or 772-3450 Mr. Rupert Yessayian 78023 Calle Estado La Quinta, CA 92253 564-4218 Attachme Subdivision Ordinance July 19, 1995 Revisions to July 11, 1995 Draft 13.04.020 Integrate the current language with 13.04.010. Replace here with the following: "Title 13 of the La Quinta Municipal Code shall apply to all subdivision, reconfiguration and consolidation of land within the City of La Quinta ." 13.04.030 Integrate first sentence with 13.04.010. Reword the second and third sentences as follows: "The California Government Code provides for adoption of local provisions by individual jurisdictions. The provisions of this Title are intended to be used in conjunction with, but shall not supersede, the provisions of state law." 13.04.050 A At the end of the sentence, add "as may be revised from time to time." 13.04.050 B In the third and subsequent line, rephrase as follows: "... applicable to the property such as, but not limited to, size, shape, topographical conditions, or existing ..." 13.12 In the table of contents, 13.12.130 - correct spelling of "Agreement." 13.12.010 Rephrase as follows: "The purpose of this Chapter is to establish the procedure for obtaining approval of proposed land divisions." 13.12.020 Delete "This Chapter provides that" from first sentence. 13.12.030 A Delete "which are created" from the first sentence. 13.12.030 C Use lower case on "parcel mergers." 13.12.040 Use plural for "reversions to acreage, and waivers of parcel maps." 13.12.050 A Add "Tentative" before the word "Subdivision." 13.12.050 F Delete comma after "style." Use plural for "originals." Delete space after second 13.12.050 H Delete "shall be submitted" from first sentence. 13.12.060 In the opening two lines, use singular for all uses of the word "map." Under A-2, delete space before "(s)." Split B-4 into two separate items. First: "Name, location and width of adjacent existing and proposed rights of way. Second: "Existing and proposed improvements to adjacent and proposed streets, ..." Page 1 of 8 Under B-13, add "Existing" at beginning of sentence, delete "which shall be shown" and encase "on -site and off -site" in commas. In the sentence between the two tables, delete "also." Under B-14, place comma after "contours." Under the first bullet, delete "in the subdivision." Under the second bullet, insert "proposed" before "individual." Under the third bullet, insert "proposed" before "elevations." 13.12.080 Rephrase opening as follows: "The authority for review and approval of tentative subdivision maps is as follows:" 13.12.080 A Use plural for "applications" in the first sentence. Rewrite the second sentence as follows: "The Community Development Director shall conduct Director's Hearings for the purpose of approving or denying tentative parcel maps and parcel mergers." 13.12.080 B Rewrite as follows: "The Planning Commission shall review tentative subdivision map applications and recommend approval or denial to the City Council. The Planning Commission shall have authority to approve or deny appeals of staff -level land -division decisions. 13.12.080 C Rewrite as follows: The City Council shall have sole authority to approve or deny tentative subdivision maps. 13.12.080 In the table, use plural for "Reversions to acreage." 13.12.090 Insert "tentative" before each occurrence of "subdivision map." 13.12.090 B Rewrite the opening of the first sentence as follows: "Within 30 days of acceptance of a subdivision application for filing," In the first sentence of the second paragraph, delete "also." In the second sentence of the second paragraph, replace "the special" with "required." 13.12.090 C Split the last paragraph. Rewrite the first sentence as follows: "The Community Development Department shall request that the departments, agencies and interested groups return their comments within 20 days. Place the remainder in a new paragraph. Reword the first sentence as follows: "Comments received from departments, agencies and interested groups will be considered in the City's review of the proposed map and preparation of the environmental analysis but are not binding upon the City. Page 2 of f At the end of the second (and last) sentence, reword the final phrase as follows: "the City will deem the project unconditionally acceptable to the organization." 13.12.100 Delete entirely. Taken out of context (Section 66474.2 of the Subdivision Map Act), this statement is misleading and unduly restrictive. 13.12.110 Insert "tentative" before each occurrence of "subdivision map." 13.12.1 10 A Use the plural on "Public hearings." Rewrite the second sentence as follows: "The notice of such hearing shall be published in a newspaper of general circulation in the City of La Quinta at least one time not less than 10 days before the date of the public hearing. The notice shall include the following information." 13.12.1 10 B For consistency with "A," open the first sentence with "Notices of public hearings Rewrite subparagraph 4 as follows: "All owners of real property within 500 feet of the property in question, as shown on the latest equalized tax assessment roll. 13.12.120 A Delete the first sentence in the first paragraph. Move the second sentence in the first paragraph to the end of 13.16.070 B. 13.12.120 B Delete. 13.12.130 Move entire section to just before 13.16.090. Change "develop" to "developer" in the first line of subparagraph C. 13.12.140 Move to immediately before Section 13.24.050. 13.12.150 A In the first sentence, delete "or issuance of a grading permit," In the second sentence, replace "the project related" with "any project -related." Also, replace "and" with "or" between "threatened" and "endangered." 13.12.150 B Move paragraph to just before 13.16.080 and give it the same heading (Special Studies). Rewrite the portion after "soils engineer" as follows: "shall evaluate and report potential hazards and recommend mitigation measures. 13.12.160 Begin first sentence with "Except as otherwise provided herein," 13.12.160 B Delete blank lines. 13.12.160 C3 Rewrite phrase after comma as follows: "then vested rights are extended one (1) year for each phase of the tentative map when a final map is recorded for that phase." Page 3 of 13.12.160 C5 Add "for issuance" after "grading permit." 13.12.190 F Use plural for "improvements." 13.12.200 A In mid -paragraph, delete "Upon acceptance of the written appeal." Further down, delete the comma after "Written notice of the hearing." 13.12.200 B From the second sentence, delete "Upon receipt of an appeal" and end sentence after "City Council." Begin the next sentence with "The hearing on the appeal shall be held not more than thirty..." 13.12.210 In the opening paragraph, move "for an approved map" from the middle of the second sentence to the beginning of the first. 13.12.210 A Delete "All" from the beginning of the sentence and replace "an extension" with "extensions." 13.12.210 B Replace "an extension" with "extensions." 13.12.210 131 Begin the sentence with the word "A." 13.12.210 B3 Rephrase: "The then -current processing fee charged by the City for tentative map time extensions." 13.12.210 D Replace "contained within this Section" with "provided for herein." 13.12.210 E Replace "conditions(s) is/are" with "conditions are." 13.16.030 Delete the second sentence. 13.16.030 D Replace second "or" with "of." 13.16.040 Replace "the Final Map" with "Final Maps." 13.16.050 Add a new "A" as follows: "The City of La Quinta Subdivision Map application form. 13.16.050 To the beginning of "B" (formerly "A"), add "The required application fee and ..." Also, delete the words "in the amount." 13.16.060 A Replace the opening "It" with "The map." 13.16.060 B Split the last sentence into two at the comma. Begin the second with "If the map drawing occupies more than one sheet, each sheet of the drawing shall clearly show its relationship to each adjoining sheet." 13.16.060 1 Delete. Subparagraph "H" says the same thing (a 13.16.060 J At the beginning of the second paragraph, delete ", or county." In the second sentence, remove the word "only." Remove the last sentence in its entirety. 13.16.070 A Replace "legislative body" with "City Council." Page 4 of 8 13.16.090 Delete "Processing and" from the first line. In second line, rephrase as follows: ". .. original Final Map, associated agreements and securities, required construction plans, and other ..." 13.20.060 B Rephrase as with 13.16.060 B. 13.20.060 J Delete last paragraph. 13.20.060 K Replace "final map" with "parcel map." 13.20.070 Replace "final map" with "parcel map" (three occurrences). 13.20.080 Delete. 13.20.090 Change heading to "Property Survey." Delete portion of first sentence up to the comma. Near the end of the first sentence, add "both of" before "the following conditions." Delete the "If" from the beginning of Subparagraph 2. 13.24.020 After the word "divisions," add "or reconfigurations." 13.24.030 A In the first sentence, add ", or associated with," after the word "in." In the second sentence, replace "establish" with "prescribe." 13.24.030 B Replace "secure" with "acquire." 13.24.040 A Use plural of "specifications." 13.24.040 C Delete extra line in first paragraph. Delete third paragraph (this is out of place here and is repeated in 13.24.090 B.) 13.24.040 D Give the second paragraph its own paragraph number. 13.24.040 E Place at end of this section just before subparagraph J (City may establish fee). 13.24.040 G Delete. 13.24.040 H Move to just after subparagraph C. 13.24.040 1 Move to 13.24 090 as the first numbered paragraph in that subsection. 13.24.060 D3 Change "44"' to "40'." 13.24.060 E Rephrase as follows: " The Circulation Element of the La Quinta General Plan establishes image corridor; within the City which warrant special improvements. All improvements constructed along image corridors shall comply with the improvement standards identified in the General Plan." 13.24.060 F Rephrase this section as follows: "The Circulation Element of the La Quinta General Plan establishes gateway intersections within the City which warrant special improvements. All Page 5 of improvements constructed at gateway intersections shall comply with the improvement standards identified in the General Plan." 13.24.060 G Change heading to "Street Access for Individual Properties and Developments." Rephrase the opening as follows: "Access to streets from individual properties and developments shall normally be as follows:" At the end of subparagraphs 2 and 3, add the following sentence (to each): "Primary and/or secondary access drives may be restricted to right turn in/right turn out only." 13.24.070 C Under the third bullet, delete "For the purpose of this Section." Begin sentence with "Appurtenant equipment such as, but not limited to, ..." Add a second sentence as follows: "The location of above -ground equipment installations shall not hinder vision clearance required by vehicle traffic and shall make use of available topographic, landscaping and wall features, if possible, to mask their appearance. 13.24.080 A3 Delete last sentence. 13.24.100 Delete entire section. This issue will be included in the City's standard specifications, currently under development. 13.24.120 Replace "The developer" with "Developers" in both subparagraphs. 13.24.130 Replace "The developer" with "Developers" in both subparagraphs. 13.24.140 A Delete the word "shall" from the first sentence. 13.28.010 Rephrase as follows: "This Chapter identifies the types and amounts of security required to guarantee the completion of improvements and satisfaction of obligations required as conditions of approval of land divisions." 13.28.020 Rephrase as follows: "The provisions of this chapter apply to all subdivisions where conditions of approval have not been satisfied prior to approval of a final map, parcel map or waiver of parcel map." 13.28.050 B In the first line, insert "performance" before "security." 13.28.050 C Rephrase as follows: "If the City receives no notice of recorded claims of lien, security provided for payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment, shall be released in full 90 days after final acceptance and/or approval, by the City Council, of all improvements required of the Page 6 of 8 agreement with which security is furnished." If the City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply." 13.32.020 Rephrase as follows: "Lot line adjustments may be utilized to reconfigure two or more adjoining lots into sizes or shapes appropriate for desired uses. 13.32.030 Delete the word "All." 13.32.040 Rephrase opening "Applications for lot line adjustments shall ..." 13.32.060 Replace "is limited to determining" with "involves only a determination of." 13.32.070 In opening line, replace "shall" with "may." 13.32.090 Rephrase as follows: "A completed request for a lot line adjustment shall include payment of a processing fee as established by City Council resolution." 13.36.010 Rephrase this as follows: " The purpose of this Chapter is to establish a procedure for consolidation of two (2) or more contiguous parcels of land, held by the same owner, which do not conform with City standards for minimum parcel size in the underlying zoning district." 13.36.030 Rephrase as follows: "Parcel mergers shall be initiated by the Community Development Director through the filing, with the County Recorder, of a Notice of Intention to Determine Status." 13.36.040 Delete section. 13.44.010 Rephrase as follows: "Certificates of compliance provide a means for conferring legal status to parcels of land which were not created by means of a legal map. 13.36.050 Add a bullet at the top of the list: "Recording of a Notice of Intention to Determine Status." Rephrase the second (formerly first) bullet as follows: "Mail a copy of the Notice to property owner." Rephrase the fourth (formerly third) bullet as follows: "if the property owner submits a request for hearing within 30 days, the Community Development Director shall conduct a Director's Hearing not more than 60 days following receipt of the property owner's request." Rephrase the fifth (formerly fourth) bullet as follows: "If a request for hearing is not filed within the 30 day period, the Community Development Director may make a determination. Page 7 of 8 In the sixth (formerly fifth) bullet, place a comma after "parcels." 13.48.010 Rephrase as follows: "This Chapter establishes criteria for the dedication of land or payment of in -lieu fees for the development of new or rehabilitation or enhancement of existing community parks or recreational facilities which will serve the proposed development." 13.48.030 In the first sentence, replace "shall be exempted" with "are exempt." In the last line, replace "to" with "of." 13.48.050 In heading, remove the hyphen between "in" and "lieu." This is only hyphenated when used as an adjective. 13.52.030 In the last line, place a comma after the word "of." Replace all occurrences in the Ordinance of "conform to" or "conforms to" with "conform with" or "conforms with." Replace all occurrences of "developer" and "applicant" with "subdivider." Page 8 of 8 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE UPDATED SUBDIVISION CODE BY REVISING TITLE 13 OF THE MUNICIPAL CODE OF THE CITY OF LA QUINTA CASE NO.: MUNICIPAL CODE AMENDMENT 95-045 SUBDIVISION ORDINANCE UPDATE CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 1995, hold a duly noticed public hearing to consider the proposed Subdivision Ordinance Amendment; and WHEREAS, the Planning Commission of the City of La Quinta wishes to promote the City of La Quinta's great interest in protecting and preserving the quality of the residential and commercial areas of the City, and the quality of life through effective land use planning; and WHEREAS, the Planning Commission and staff have conducted an extensive review of the existing subdivision code, and determined it needed to be updated to conform with the General Plan and other City documents; and WHEREAS, the Planning Commission desires to protect the health, safety and welfare of the citizens; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses; and WHEREAS, the proposed Subdivision Ordinance Amendment is consistent with California Government Code Sections 66410 to 66499.58 (Subdivision Map Act) provisions; and WHEREAS, the proposed Subdivision Ordinance update is consistent with the existing General Plan and Zoning Code for the City; and WHEREAS, the Planning Commission believes the following statements are true, in part, based upon its understanding of the documents and judicial decisions in the public record; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this Amendment. resopc.122 2. That it does hereby recommend approval of Municipal Code Amendment 95-045 for the reasons set forth in this resolution and as stated in the attached document. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25th day of July 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY BERMAN, Community Development Director City of La Quinta, California resopc.122 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-292 PREPARED FOR MUNICIPAL CODE MUNICIPAL AMENDMENT 95-045 SUBDIVISION ORDINANCE UPDATE WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 1995, hold a duly noticed Public Hearing to consider the proposed Subdivision Ordinance; and, WHEREAS, The Planning Commission of the City of La Quinta, did recommend the certification of the Environmental Assessment to the City Council; and, WHEREAS, said Amendment 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 Initial Study EA 95-292; and, WHEREAS, The Community Development Director has determined that said Amendment will not have a significant adverse effect on the environment due to the mitigation measures incorporated herein (Mitigated Negative Declaration of Environmental Impact); and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The Amendment as mitigated according to the Initial Study will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly. 2. The proposed Amendment will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered Rcsopc.127 plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. The proposed Amendment does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed Amendment will not result in impacts which are individually limited or cumulatively considerable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this Environmental Assessment. 2. That it does hereby recommend certification of Environmental Assessment 95- 292 for the reasons set forth in this resolution and as stated in the attached Environmental Assessment Checklist. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25th day of July 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California Resopc.127 ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-292 Case No. MCA 95-C45 Date March 15, 1995 (prepared) Name of Proponent City of La Quinta (Engineering Department) Address PO Box 1504, La Quinta, CA 92253 Phone 619-777-7075 Agency Requiring Checklist Project Name (if applicable) City of La Quinta Subdivision Ordinance Update CITY OF LA QUINTA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Population and Housing Earth Resources Water Air Quality M. DETERMINATION. On the basis of this initial evaluation: Transportation/Circulation Biological Resources Energy and Mineral Resources Risk of Upset and Human Health Noise Mandatory Findings of Significance Public Services Utilities Aesthetics Cultural Resources Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ; I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signature Printed Name and Title For Date �� C , i pol—tiaw p—tiaw sivftificant U" Than siva— uniew sigWficam No Impact Mitigated impact Impact 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ..... .... C) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X .... d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 3.2. POPULATION AND HOUSING. Would the project. a) Cumulatively exceed official regional or local XXX population projections? :::: .... ..... X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ..... ...... C) Displace existing housing, especially affordable X.N.. housing? 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) ..... ..... X.N. Fault rupture? b) Seismic ground shaking -X. ..... ..... ... C) .xx Seismic ground failure, including liquefaction? ..... ..... ..... ..... .... ..... .... .... ..... ...... .... ..... ..... .... ..... ...... ..... .. .. .... ...... d) Seiche, tsunami, or volcanic hazard? e) M.X. Landslides or mudflows? 0 Erosion, changes in topography or unstable soil conditions from excavation, grading or fill?. ..... ...... g) Subsidence of the land? ...... ... X h) Expansive soils? PO-dauy P—ifilly Sipificant LA" Than Swicam unit" Swebo" No Impact wtigated impact Impact i) Unique geologic or physical features? 3.4. WATER. Would the project result in: 2) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? C) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of glow of groundwater? ..... ...... ... h) Impacts to groundwater quality? 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations?if ..... ..... b) Expose sensitive receptors to pollutants? ..... ..... ... ... .. C) Alter air movement, moisture, or temperature, or cause any change in climate? ... X d) Create objectional odors? iii powmwb� swocam Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? C) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on site or off site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? xx. g) Rail, waterborne or air traffic impacts? 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g. heritage trees)? C) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? iv polmawly SwIcam Le" Thm Unless swrwsm No Nctisaw impact Impact powntwly polcnda4 Significant IA= Than Significant We" Significant No Impact Nfitipted Impact Impact d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? 3.8. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? X1 3.9. RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response .... plan or emergency evacuation plan?✓ ..... ...... ..... .... C) The creation of any health hazard or potential health hazards? d) Exposure of people to existing sources of potential health hazards? ..... ...... X e) Increased fire hazard in areas with flammable brush, grass, or trees? ..... ...... .... ...... ..... 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? ..... b) Exposure of people to severe noise levels? ..... ..... ... .. .. ... 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ......it V 3.12. UTILITIES. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? b) Communications systems?': . .... C) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? ..... .... e) Storm water drainage? f) Solid waste disposal? Xl: ..... ...... ... 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X.N* ..... ..... ..... ...... .... b) Have a demonstrable negative aesthetic effect? ..... ..... ...... ..... ...... C) Create light or glare? 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? ..... ...... ..... ..... C) Affect historical resources? d) Have the potential to cause a physical change which ..... ...... would affect unique ethnic cultural values? e) Restrict existing religious of sacred uses within the potential impact area? pownfiaw po-daw Significant Un Than significant Unless Significant No Impact Mitigated Impact Impact 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? b) Affect existing recreational opportunities? 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? C) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). ..... XX d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more, effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. C) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Vii Initial Study - Subdivision Ordinance (Revised 2/1/95) The purpose of this proposed project is to update the City's existing Subdivision Ordinance to reflect changes in state law, address on -going development issues and include provisions which allow future applicants to better understand the City's subdivision review and processing procedures. The effect of the proposed update will primarily focus upon improvement related 'issues, such as the planning, design and ultimate construction of water, sewer, storm drains, streets and right-of-way improvements. Although the proposed Ordinance update will effect future subdivisions, it must be recognized that the Ordinance will only set the framework for the issues that must be addressed when a subdivision application is evaluated. The actual affect of subdivision development will be determined on a case -by -case basis as it impacts the existing environment. This individual evaluation will involve a review of the City's General Plan, Zoning Ordinance, and baseline environmental data, through processed established as part of the California Environmental Quality Act (CEQA), as well as the Subdivision Ordinance. Therefore, the potential impact of the proposed ordinance provisions should not be significant. 3.1. Land Use and Plannina The proposed Subdivision Ordinance does not regulate land use. Land use issues are normally associated with private property and are regulated by the General Plan and Zoning Ordinance. The Subdivision Ordinance can, however, regulate the associated attributes of land use, such as vehicular access and right-of-way dedication and improvements. As such, the proposed Subdivision Ordinance will have only an insignificant effect upon land use. a). No Impact: The proposed Subdivision Ordinance will implement the General Plan Land Use Element and must be consistent with the General Plan and Zoning Ordinance text criteria. b). No Impact: Proposed subdivisions must be evaluated and approved/denied based upon adopted plans or regulations, such as environmental plans or policies. c). No Impact: The use of property must be determined prior to approving a proposed subdivision. Therefore, subdivision activity can be viewed as a method of implementing the result of other land use decisions and therefore not directly affect agricultural resources or operations. d). No Impact: The proposed Subdivisions Ordinance will help provide for the orderly development of land use and will not physically divide the community. Page 1 Recommended Mitigation None Required 3.2 Population and Housing The proposed Subdivision Ordinance will not result in a change to the location, alteration, distribution, density or growth rate of population in the City. That function is retained by the City's General Plan and Zoning Ordinance. The proposed Subdivision Ordinance will also not have a direct affect upon housing for the reasons described previously. However, the State Subdivision Map (California Government Code), which is the basis for the Subdivision Ordinance, contains the following provision related to housing: "In exercising its authority to regulate subdivision under Division 2 (commencing with Section 66410), a city, county, or city and county, shall: a). Refrain from imposing criteria for design, as defined in Section 66418, or improvements, as defined in Section 66419, for the purpose of rendering infeasible the development of housing for any and all economic segments of the community. However, nothing in this section shall be construed to enlarge or diminish the authority of a city, county, or city and county under other provisions of law to permit a developer to construct such housing. b). Consider the effect of ordinances adopted and actions taken by it with respect to the housing needs of the region in which the local jurisdiction is situated. c). Refrain from imposing standards and criteria for public improvements including, but not limited to, streets, sewers, fire stations, schools, or parks, which exceed the standards and criteria being applied by the city, county, or city and a county at that time to its publicly financed improvements located in similarly zoned districts within that city, county, or city and county." (Section 65913.2, California Government Code) Further, the Subdivision Map Act, also provides: "In carrying out the provisions of this division, each local agency shall consider the effect of ordinances and actions adopted pursuant to this division on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources." (Section, 66412.3, California Government Code) Based, in part, upon the provisions stated above, it appears local agencies have the following three (3) duties: Page 2 1. They may not impose design or improvement conditions by local ordinance, having the effect of rendering infeasible housing for all economic segments of the community; 2. They must consider the effect of the ordinances adopted pursuant to the Subdivision Map Act on the housing needs of the region; and, 3. They must balance the housing needs of the region against the public service needs of the residents and available fiscal and environmental resources. "The most significant statutory limitation in Section 65913.2, as it relates to engineers and surveyors, is the prohibition against a local agency imposing design or improvement criteria for the purpose of rendering infeasible the development of housing for any and all economic segments of the community. If the design and improvement condition attached to a tentative map are so economically onerous as to preclude low or moderate -cost housing, it may be that the local jurisdiction has exceeded the scope of design and improvement conditions it can apply. Conversely, if the limitation are applied to other than low and moderate -cost housing, there would seemingly be no ceiling on the expense attached to the imposition of design or improvement conditions. Therefore, in the preparation of the ordinance, an understanding and recognition of the issues associated with the Map Act must occur." (p. 11, The Subdivision Map Act Seminar, CELSOC) a). No Impact: As noted previously, population growth is regulated by the City's General Plan. The proposed Subdivision Ordinance will provide a method of achieving its goals and objectives. b). No Impact: The proposed Subdivision Ordinance will not induce growth. The proposed Subdivision Ordinance will allow the City to regulate subdivision activity to ensure adequate improvements are provided to meet projected need. The installation of these improvements, which are required through the subdivision process, could be seen as inducing growth. However, land use is regulated by the General Plan and Zoning Ordinance. Therefore, improvements should be properly sized to meet the demand projected by the General Plan, rather than oversized to induce demand on rural land. The General Plan and Zoning Ordinance present the City with the opportunity to reduce land use conflicts and prevent the early transition of land from rural/open space uses to urban uses. c). No Impact: As noted previously, the proposed Subdivision Ordinance must take into account affordable housing (although primarily "new" affordable housing). The Subdivision Ordinance is primarily intended to regulate the subdivision of vacant land. Page 3 Recommended Mitigation: Criteria contained within the proposed Subdivision Ordinance must be reflective of the goals of the Subdivision Map Act. 3.3 Earth and Geology The City of La Quinta contains a number of "inferred fault traces" (p. 4-38, City of La Quinta General Plan ]Environmental Impact Report) noted as part of the Alquist - Priolo Special Studies identification of geologic faults. "These fault traces do not exhibit any evidence of Holocene movement (i.e., within the last 11,000 years) and are not considered active." (p. 4-43, Ibid) The City is, however, located within a seismically active region. Active faults bracket the City to the north and south which, during an earthquake, can result in potentially severe ground shaking. The southeasterly portion of the City is subject to potential liquefaction. Liquefaction occurs when an earthquake shakes poorly consolidated soils and causes them to intermix with groundwater, resulting in a potentially dramatic decrease in the grounds surface elevation. Another soil hazard is the potential for wind erosion. Although the City is not located within the Coachella Valley Association of Governments designated Active Blowsand Area Boundary, some soils within the City have characteristics similar to those susceptible to wind erosion. These characteristics can be intensified when soils are disturbed through agricultural and grading operations. This Ordinance update will require a certain level of improvements, primarily within the public right-of-way, depending upon the type of subdivision proposed. Although these improvements may result in the disruption or recompaction of soils for roadways, for example, the proposed Ordinance does not contain these specifications. The Ordinance also does not delineate the amount of public improvements required for each subdivision. The actual level of improvements will be dependent upon the type of subdivision proposed and the property's allowable land use as contained in the City's General Plan and Zoning Ordinance. However, it must be understood that the proposed Ordinance is one of the mechanisms used by the City to require public improvements. Therefore, a link can be drawn between the eventual construction of improvements identified within the proposed Ordinance and impacts to geologic resources. a). and b). No Impact: The proposed Subdivision Ordinance is intended to regulate subdivision design to ensure their proper review, approval and development. The Ordinance will not "result in or expose people to" potential fault rupture. It is possible to locate a proposed subdivision near the potential location of a surface rupture (an "inferred fault trace"). However, this must be evaluated on a case -by -case basis. State law mandates certain studies and setback criteria for projects within a designated fault hazard Page 4 area. The proposed Subdivision Ordinance is intended to contain processing procedures which will help to identify and allow for the evaluation of these types of environmental concerns. c). No Impact: Some portions of the City have been identified in the General Plan EIR as being subject to the potential for liquefaction. As noted above, the proposed processing procedures contain in the Subdivision Ordinance, the standard CEQA review process, and State law provide mechanisms to determine the severity of this issue on a case -by -case basis. d). No Impact: The City is not located adjacent to a body of water large enough to create the potential for a tsunami. No active volcanos exist within the area. e). No Impact: The proposed Subdivision Ordinance will not expose people to potential landslides or mudflows. However, the subdivision review process described earlier will help to identify these concerns on a case -by -case basis, if they exist. f). Less Than Significant Impact: Grading activities undertaken as part of new subdivision development could effect soil erosion. Compliance with adopted PM 10 criteria and the provisions of the National Pollution Discharge Elimination System (NPDES) should eliminate any potential adverse effects. g). No Impact: See response to item c). above. 11). No Impact: State law requires the preparation of a soils report prior to approval of a final map. In addition, construction activities mandate particular soil compaction criteria to ensure safe construction techniques. The combined affect of these should eliminate any potential adverse affects resulting from expansive soils. i). No Impact: No unique geologic or physical features exist within the City. Recommended Mitigation: s Grading and construction activities shall comply with all applicable City Ordinances, including the City PM 10 Ordinance. • Project sites graded but not immediately constructed upon shall be planted with a temporary ground cover to reduce the amount of open space subject to wind erosion. 3.4 Water The Coachella Valley Water District (CVWD) provides domestic water, irrigation and sewer service to the City of La Quinta. Irrigation water is provided to the City via Page 5 the Coachella Canal. The Canal, which loops through the City on the west side of Lake Cahuilla County Park and PGA West, receives its supply of water from the Imperial Reservoir on the Colorado River north of Yuma, Arizona. Water is used to irrigate golf courses, agricultural fields, and to recharge the underground aquifer. Private wells are also found within the City that provide both domestic and irrigation water. Drainage in many parts of the City has been altered by flood improvements. In the event of a mayor storm some areas of the City could experience flooding conditions. For the most part, the nature of the soils in the City allow for rapid permeability. It is intended that the proposed Subdivision Ordinance contain a provision which requires the retention of water on -site as part of each subdivision. a). Less Than Significant Impact: The proposed Subdivision Ordinance is intended to include provisions for the on -site retention of storm water flows. However, it maybe difficult to apply this requirement to smaller subdivisions which could result in some increased run-off. b). No Impact: The proposed Subdivision Ordinance is intended to provide review procedures and criteria which will alleviate potential flood hazards for new subdivisions. c). No Impact: The National Pollution Discharge Elimination System (NPDES) requires improvements to be installed or procedures implemented to reduce the amount of pollutants which are discharged into the storm drain system. The imposition of this as a mitigation measure/condition of approval should effectively eliminate this issue as a concern. d). Less Than Significant: As noted in item a). above the proposed Subdivision Ordinance will require on -site retention of storm water run-off. However, a minimal amount of addition run-off maybe added to the system due to the infeasibility of such a condition on small subdivisions. e). No Impact: The proposed Subdivision Ordinance will not directly effect the existence of water courses. Should a subdivision be located within an existing water course, design changes can be instituted through the CEQA review process to adequately minimize any potential adverse effects. f). No Impact: The recharge of aquifers will occur through the retention provisions discussed earlier. Water is supplied to uses in the City by CVWD through the pumping of groundwater or the importation of Colorado River Water. Conservation measures have either been introduced or are in the process of being adopted by CVWD and the County of Riverside to reduce water demand. Page 6 g). No Impact: The Subdivision Ordinance will not alter the direction or rate of flow of groundwater. The subdivision of land will lead to development which will inturn draw upon groundwater basins to meet future demand. However, the City General Plan and Zoning Ordinance have already identified the future water needs/demand of the City. The proposed Subdivision Ordinance will only allow development consistent with these adopted levels of growth. h). No Impacts: See response to items c). and g). above. Recommended Mitigation: All developments shall comply with the requirements of the Coachella Valley Water District and City Engineer regarding storm water and nuisance water run-off which result from grading and construction activities and to accommodate post -construction run-off water. All developments shall comply with water conservation measures adopted by the County of Riverside and CVWD. All developments shall comply with the City of La Quinta Water Conservation Ordinance No. 220. 3.5 Air Quality The City of La Quinta is located within the Southeast Desert Air Basin (SEDAB) and is under the jurisdiction of the South Coast Air Quality Management District (S('.AQMD). The climate is characterized by high temperatures, low annual rainfall, and low humidity. Prevailing northwesterly winds funnel from the Los Angeles area into the Coachella Valley often transporting oxidants, sulfates, and nitrates into the airshed of the City. Although the local contribution to air quality is not substantial, the Coachella Valley area does violate State and federal standards for ozone. In addition, particulate standards are often exceeded because of wind -transported desert soils. The primary air quality concerns in the air basin are particulate matter (dust) and ozone. The PM 10 standard is exceeded- as a result of activities in the Coachella Valley which contributes to fugitive dust. The Coachella Valley has the potential for generating significant fugitive dust since the area consists of alluvial materials and sand deposits. The air mass from the South Coast Air Basin contributes to the PM 10 violations, but the majority of the problem is caused locally by urban development and agricultural activities. Suspended particulates (PM 10) are generated from either human activities, such as agricultural and construction operations or natural occurrences such as wind storms. In 1990, SCAQMD prepared a State Implementation Plan for PM 10 to define control measures to reduce the local contribution to the PM 10 violations and to bring the Page 7 Coachella Valley into compliance with Federal and State ambient air quality standards. Control measures are directed toward five categories of emissions: 1) Open area wind erosion; 2) Unpaved roads, including farm roads; 3) Paved roads, including storage and movement of fine particulates; 4) Construction and demolition activities; 5) Agricultural operation. Local government agencies are responsible for implementating most of the control measures. Air emissions will occur as they relate to the construction of public facilities. The extent of the improvements necessary and the resultant air emissions will vary on a project -to -project basis. a). No Impact: The adoption of the proposed Subdivision Ordinance would not violate any air quality standard or contribute to an existing or projected air quality violation. As noted in previous sections, the Subdivision Ordinance is a mechanism designed to implement land use decisions established through the City's General Plan or Zoning Ordinance. Once improvements are completed and uses are established the operation of these enterprises must meet applicable air pollution standards. The proposed Subdivision Ordinance will also not directly result in the generation of vehicle trips nor their associated air pollution. While subdivision improvements will allow for access to and the operation of a use, the Ordinance does not create the use. It does provide a process to ensure adequate improvements are made to support the use. Mechanisms are in effect to reduce short-term construction related impacts. b). No Impact: The Subdivision Ordinance does not specifically involve sensitive receptors (hospitals, for example) although such a use could be located within a particular subdivision. c). No Impact: The Subdivision is a regulatory tool which reacts to previous land use decisions. The proposed Ordinance does not involve the establishment of uses which would change climatic conditions nor alter air movement. d). Less Than Significant Impact: The installation of improvements are required as part of the subdivision approval process. Improvements, such as the laying of asphalt for the construction of streets, create odors which could be annoying. However, these effects are viewed as temporary and are not considered significant. Recommended Mitigation: • Grading and construction activities shall comply with all applicable City ordinances, including the City PM 10 Ordinance. Page 8 • Project sites graded but not immediately constructed upon shall be planted with a temporary ground cover to reduce the amount of open space subject to wind erosion. 3.6 Transportation/Circulation The City's General Plan describes the various transportation and circulation goals of the City. One of the functions of the Subdivision Ordinance is to provide the City with a mechanism of meeting some of those goals through dedication and improvement of public right-of-way. However, the generation of vehicle trips or the creation of parking spaces is not a function of the proposed Subdivision Ordinance. a). No Impact: The proposed Subdivision Ordinance will provide a process which will allow for the installation of improvements necessitated by individual projects. Vehicle trips will increase due to the construction resulting from approval of subdivision applications. However, the number of vehicle trips generated by development projects are not affected by the proposed adoption of the Subdivision Ordinance. The number of vehicle trips are determined by the land use approval granted each property. b). No Impact: The proposed Subdivision Ordinance will include provisions which attempt to improve safety conditions by establishing standards for intersection spacing and street off -sets. Addressing incompatible land use is a function of the General Plan or Zoning Ordinance. c). No Impact: See response to item b) above. d). No Impact: The proposed Subdivision Ordinance will not contain parking criteria. e). No Impact: The proposed Subdivision Ordinance will identify the need and general criteria for the establishment of pedestrian facilities (sidewalks and intersection visibility) and bicycles (bicycle lanes and bicycle racks). The specific design standards will be contained within the City's standard specifications manual. f). No Impact: The proposed Subdivision Ordinance is intended to be consistent with and implement adopted policies. The section containing potential conditions of approval will include the requirement to install bus and bicycle facilities. No conflicts are expected. g). No Impact: The proposed Subdivision Ordinance does not address rail, waterborne or air traffic impacts, except in those instances where they may be exempt from specific criteria, as identified in State law. Page 9 Recommended Mitigation None Required 3.7 Biological Resources The City of La Quinta is located within a Sonoran Desert Scrub environment. This environment is generally noted as containing plants which have the ability to economize water, go dormant during periods of drought, or both. Dominant plants in the City include: Creosote bush Bur -sage Ocotillo Barrel Cactus Jumping Cholla Smoketree Mesquite Four -wing saltbush Agave Desert lavender Non -natives Continual development and agricultural activity has disrupted much of the natural plant environment within La Quinta. Mammalian species common to this area are small nocturnal animals, such as mice, kangaroo rats, desert cottontail, jack rabbits, and coyotes. Reptiles are numerous, including the Coachella Valley Fringe -Toed Lizard. Mitigation for the disruption of this lizard's habitat is provided by payment of a set fee ($600.00 per acre) if the project is located within the Coachella Valley Fringe -Toed Lizard Habitat Conservation area. This area lies mainly in the northern half of the City. The City's General Plan notes that "the City shall require, when appropriate, development applications be reviewed by a qualified wildlife biologist and horticulturist to identify any project -related impacts to habitat areas of rare, threatened and endangered flora and fauna and to recommend appropriate mitigation measures" (p. 6-13, La Quinta General Plan). This and other potential conditions of approval are proposed to be noted within the proposed Subdivision Ordinance. a). - e). No Impact: Adoption of the proposed Subdivision Ordinance will not affect existing or future biological resources. It is true that future development on approved subdivisions could affect biological resources. However, existing environmental procedures (which are intended to be referenced in the Ordinance) provide the City with an evaluation procedure to determine the significance of existing site resources and, if necessary, appropriate mitigation measures or conditions of approval to off -set the effect of development projects. Page 10 Recommended Mitigation Include appropriate language within the Subdivision Ordinance to reflect the requirements of General Plan Policy 6-3.1.2. 3.8 Energy and Mineral Resources The proposed Subdivision Ordinance will require the construction of public improvements and as such, necessitate the use of a wide variety of construction equipment. This equipment will consume primarily diesel or gasoline fuels. The level of fuel expenditure or use of other energy sources is not expected to be significant. The proposed Subdivision Ordinance will provide an approval mechanism that will help conserve the use of mineral resources. a). and b). No Impact: The adoption of the proposed Subdivision Ordinance will not affect energy conservation plans or initiate the use of non- renewable resources in a wasteful manner. It will provide the opportunity to implement energy conservation measures through the installation of sidewalks, bicycle lanes, bus turn -outs and facilities, and trails for hiking and equestrian activities. Recommended Mitigation None Required 3.9 Risk of Upset/Human Health As noted previously, the City is located within an area subject to potentially strong groundshaking. This issue, coupled with the use of some hazardous material normally associated with public facility improvements, can lead to the potential for risk. However, the use of hazardous materials and their run-off from the site will be controlled through the use of standard construction practices and procedures developed in compliance with National Pollution Discharge Elimination System (NPDES) criteria. There are no known hazards to human health resulting from the adoption of this proposed Ordinance amendment. The proposed Ordinance would, however, provide the City with the opportunity to respond to potential health hazards through the CEQA review process, the redesign of the project, or the adoption of appropriate conditions of approval. a). Less Than Significant Impact: The adoption of the proposed Subdivision Ordinance will not involve any risk associated with hazardous materials. Construction activities, including those associated with conditions specified by the proposed Ordinance and imposed upon subdivisions, potentially involve the use of hazardous materials. As noted above, the proposed Ordinance is Page 11 intended to operate in compliance with existing safety practices and provide a method of responding to potential risks. b).,, c). and d). No Impact: The proposed Subdivision Ordinance will not interfere with emergency response plans nor create or expose people to potential health hazards. As noted earlier, the proposed Ordinance is not only a tool to implement adopted plans and policies, but also involves review procedures which must be integrated with other procedures, such as CEQA. The combined effect of these various regulations should promote safe projects and respond to specific issues. (Please see comments to Section 3.3 for additional information.) e). No Impact: The proposed Ordinance will not affect high fire hazard areas. It will, however, provide the City with the opportunity to effectively mitigate any potential concerns through the adoption of adequate improvements which respond to the need for vehicular access, maintenance, grading and landscaping. Recommended Mitigation: • Require construction projects to comply with the applicable provisions of NPDES. • The review of subdivision proposals will include compliance with proper environmental procedures, as specified by CEQA, to adequately identify and mitigate potential environmental impacts. 3.10 Noise The General Plan EIR refers to the fact that noise impacts are generated primarily from two sources -- noise associated with either construction activities, or with the increase in traffic on City streets. Noise from construction activities will typically be short-term in nature. Noise associated with an increase in traffic on City streets is long-term in nature and will result in an increase of the ambient noise levels in the City. These impacts are potentially significant because of the long-term nature of the noise, excessive exposure levels and the resulting effects on the ambient noise levels in the community. The significant noise sources in the City of La Quinta are generated primarily from automobile and truck traffic. The existing areas of the City which are subject to noise exposure are fundamentally along major street corridors. Noise issues related to the adoption of the proposed Subdivision Ordinance would be those limited to construction activities associated with required improvements. Page 12 a). Less Than Significant Impact: Noise levels resulting from development will probably increase beyond those currently existing for those locations subject to construction improvements required by the Subdivision Ordinance. These improvements, however, will be short-term in duration and be subject to existing City noise restrictions and hours of operation. b). No Impact: As noted above no long-term or severe impacts are expected from construction activities required by the Subdivision Ordinance. Recommended Mitigation • Compliance with City construction and noise restrictions. 3.11 Public Services The City of La Quinta contracts with the Riverside County Fire Department for fire protection services and the Riverside County Sheriff's Department for police protection services. Other public service agencies include the Coachella Valley Unified School District, Desert Sands School District, the Coachella Valley Parks and Recreation District, and the City Parks and Recreation Department. The City of La Quinta maintains public streets within the City, except for State Highway 111, which is maintained by Caltrans. The local library is a part of the Riverside County Library System. When specific development projects are submitted to the City for review and approval, the preparation of an initial study will examine in greater detail any potential impacts to public services. Agencies that might be affected by a particular project are sent a project transmittal for review and comments. Comments from these agencies typically become a part of the project's conditions of approval. The purpose of the proposed Subdivision Ordinance is to ensure that adequate public improvements are provided by each new development. As such, the proposed Ordinance could result in an improved level of service to the public. a). - e). Less Than Significant Impact: The proposed Subdivision Ordinance is one mechanism through which the City can condition for the development or improvement of a variety of public facilities. (It can also occur through environmental review.) In some instances the Ordinance will allow for the in -lieu payment of fees to provide for these facilities. The development review process will determine the type of facilities actually required on a case -by -case basis. Although the demand for a particular service may increase and necessitate significant improvements it is not a condition precipitated by the adoption of this proposed Ordinance. Page 13 Recommended Mitigation: • All subdivision applications shall be transmitted to responsible agencies for review and comment. • Subdivision projects shall be conditioned to off -set or minimize potentially adverse impacts. 3.12 Utilities The following agencies provide the utilities or services to the City of La Quinta: Utility/Service Electricity Natural Gas Telephone Cable Television Domestic Water Wastewater Storm Water Drainage Solid Waste Disposal Agency Imperial Irrigation District Southern California Gas Company General Telephone and Electric Company Colony Cablevision Coachella Valley Water District (CVWD) CVWD City of La Quinta and CVWD Waste Management of the Desert Improvements required as part of the subdivision review process may affect existing utilities. However, these improvements are not expected to a adversely affect these utilities. Should an adverse effect be noted through the City's environmental review process, the subdivision can be modified or conditioned to mitigate this impact. a). - e). Less Than Significant Impact: As noted in item 3.11 above, the Subdivision Ordinance is one mechanism through which the City can both condition development to meet on -site needs (resulting in an expansion of utilities/services) and impose conditions to ensure adverse health and safety concerns are alleviated (possibly resulting in a modification to existing utilities and services). Therefore, even though the proposed Ordinance can affect the use of public services, the actual impact can only occur on a case -by -case basis. f). No Impact: The proposed Subdivision Ordinance does not involve issues or improvements related to solid waste disposal. Page 14 Recommended Mitigation: Subdivision projects shall be conditioned to off -set or minimize potentially adverse impacts to utilities/services which affect the health and safety of citizens. 3.13 Aesthetics a). and b). No Impact: Impacts to existing viewsheds and aesthetic issues are not anticipated to be a significant concern as a result of this Ordinance amendment. Aesthetics issues can only be assessed on a project -by - project basis through the normal project review process. Compliance with height restrictions, landscape and screening requirements, and site location are required by the General Plan and the Zoning Ordinance of the City of La Quinta. c). No Impact: The City of La Quinta is located beyond the 30-mile radius of Mt. Palomar and the associated restriction regarding reduced lighting. The City of La Quinta does, however, have a Dark Sky Ordinance that regulates the affect of lighting. All exterior lighting is required to be down -cast and shielded. Potential subdivision improvements can include the installation of street lights. Typically street lights are installed to enhance the safety of pedestrians and motorists within urban areas. As such, they are normally viewed as a beneficial attribute of development and not an adverse impact on the environment. Recommended Mitigation: 0 All development projects will comply with the City's Dark Sky Ordinance. 13.14 Cultural Resources There are known prehistoric resources within the City of La Quinta. The La Quinta area has a high potential for the discovery of additional cultural resources in undeveloped areas. It is possible that future development projects could impact cultural resources. These resources are required to be properly located, documented, assessed, and appropriate mitigation measures applied before and during the construction phases of the project. The La Quinta Master Environmental Assessment, General Plan, and General Plan E1R all document the known, recorded archaeological sites and historic structures in the City. Previous archaeological studies on projects in the City point to a high potential for the discovery of additional prehistoric sites. The City of La Quinta General Plan contains a policy that "the City shall require development applications to be reviewed by a qualified archaeologist and/or historian, Page 15 as appropriate, prior to final approval to identify and project -related impacts to historical and/or archaeological resources". (Policy 6-2.1.2) a). - e). No Impact: The proposed Subdivision Ordinance is not expected to adversely affect existing cultural resources. Existing City CEQA review procedures and those proposed for inclusion with the Subdivision Ordinance should be adequate to identify and mitigate potential impacts on cultural resources. Recommended Mitigation: u Include appropriate language within the Subdivision Ordinance to reflect the requirements of General Plan Policy 6-2.1.2. 3.15 Recreation As noted in items 3.11 and 3.12 above, the Subdivision Ordinance can affect improvements to municipal services and utility companies. One of those services is recreation. As part of the work effort on the proposed Subdivision Ordinance a modified Quimby Act Ordinance will be prepared. This Ordinance allows a city to require the dedication of land and/or payment of in -lieu fees for recreation facilities and/or property. Policies within the City's General Plan also call for the Quimby Act Ordinance to be updated. a). and b). Less Than Significant Impact: As noted above the proposed Subdivision Ordinance will allow for the dedication of land and/or the payment of fees for recreation facilities and/or property, consistent with State law. The adoption of the proposed Ordinance will not increase the demand for parks or recreational facilities. The proposed Ordinance will provide the City with a mechanism to collect fees or acquire land. Existing facilities will only be affected to the extent they should be upgraded to meet the demands of new residents. Based upon these factors the effect of the Ordinance is not deemed to be significant. Recommended Mitigation: Modify the City's current Quimby Act Ordinance or provisions and adopt new in -lieu fee criteria by separate resolution. Page 16 PH#3 STAFF REPORT' PLANNING COMMISSION MEETING DATE: JULY 25, 1995 CASE NO.: VESTING TENTATIVE TRACT MAP 27031 (MINOR CHANGE, AMENDMENT #1) - FIRST EXTENSION OF TIME APPLICANT: MR. WILLIAM A. BENNEYAN, PRESIDENT OF BENART CAPITAL MANAGEMENT PROPERTY OWNERS: WASHINGTON SQUARE: PROPERTY OWNERS REQUEST: A ONE-YEAR TIME EXTENSION LOCATION: NORTHSIDE OF 47TH AVENUE, SOUTH OF SIMON DRIVE AND HIGHWAY 111, EAST OF WASHINGTON STREET, AND WEST OF THE FUTURE ADAMS STREET (ATTACHMENT 1) SURROUNDING ZONING AND LAND USE: NORTH: C-P-S/VACANT & SIMON MOTORS (ACROSS SIMON DRIVE) AND VACANT AND THE PARTIALLY BUILDING ONE ELEVEN -LA QUINTA SHOPPING CENTER (ACROSS HIGHWAY 111). SOUTH: R-1 /SINGLE: FAMILY (LAKE LA QUINTA) EAST: C-P-S/PROPOSED REGIONAL MALL SITE ACROSS ADAMS STREET WEST: R-1 RESIDENTIAL/SINGLE FAMILY HOMES (ACROSS WASHINGTON STREET) Property Summary: This property has received various approvals over the last few years. They are: 1. Specific Plan 87-011 /Change of Zone 87-028; The Washington Square Specific Plan was approved by the City Council on March 21, 1989. The development plan consisted of 348,000 square feet of retail space, 19,000 square feet of restaurant area, 90,080 square feet of office space, 350 hotel rooms, and two hotels, and 900 seat cineplex. The property is 65.4 acres in size and vacant at this time. PCGT.119 2. Vesting Tentative Tract Macy 27031; The Vesting Map was processed concurrently with Specific Plan 87-011 (Amendment #1) in 1991. The Map was approved in July and allows eight lots on approximately 65.4 acres. 3. Plot Plan 91-473; In 1991, Desert Hospital (of Palm Springs) submitted a request to develop a three story medical complex on a portion of the 65 acre site. The 83,000 square foot facility (Phase 1) was designed for out -patient surgery and medical offices. Originally, the project was to have included three additional phases. The Planning Commission approved the request on February 11, 1992 and project was accepted by the City Council on February 18, 1992. During the review of the Desert Hospital project, the Washington Square property owners presented other possible development scenarios that were possible if the hospital's request was approved. The developer revised the traffic study for the specific plan to explain to the Commission that if the project went forward they would possibly complete the project with certain types of land uses (Attachment 2). 4. The developer in 1991 and 1992 also processed a minor change to Tentative Tract Map 27031 in order to reconfigure ,the previously approved eight lot subdivision. Desert Hospital processed Tentative Parcel Map 27399 to subdivide their 19-acre site into four parcels concurrently with the minor change request (Attachment 3). The revision to Tract Map 27031 is as follows: ROW 1 3.15 Same size 2 1.90 Same size 3 9.21 Same size 4 3.62 Same size 5 15.43 19.00 acres (Desert Hospital site) 6 11.95 15.39 acres 7 14.63 7.62 acres 8 .61 Same size 5. First Time Extension; In 1993, the Washington Square property owners filed a request for a one-year time extension for this map. The Commission held a public hearing on the request on September 14, 1993. The Commission recommended approval of the extension request, and the City Council was to review the map on October 5. However, before the City Council could review your past recommendation, the State of California passed Senate Bill 428 which allowed the map to be automatically extended for an additional two years without City action or loss of other allowed extensions. Therefore, the map expiration date became July, 1995, instead of July, 1993. The adopted specific plan for this project runs concurrently with this map. PCGT.119 ' Met ISTTSTRTM On June 9, 1995, staff received a completed application and written request from the applicant requesting a one-year extension of time for their eight (8) lot subdivision map (Attachment 3). Based on the request, staff requested that a public hearing be held on July 25 to re-examine the case based on the provisions of the City's Subdivision Ordinance. Public Notices Staff mailed notices to all affected properties within 300-feet of the project area, and published a notice in the Desert Sun Newspaper on July 14. We sent notices to all public agencies on June 21. Those comments received are attached (Attachment 4). In the early 90's, the Washington Square property owners and their associates were working to final the tentative map and begin construction on the Desert Hospital's medical complex at the northeast corner of Avenue 47 and Washington Street. Staff received construction plans and other improvement plans to begin work at the site. The applicants also completed their archaeological work, noise study and other studies necessary for Desert Hospital to get a building permit. The applicant dedicated right-of-way along Washington Street and moved the overhead utilities in anticipation of the medical center being built. Additionally, the applicant built the 6- foot high sound wall along Washington Street which was required to be built before a building permit could be issued. However, for unforeseen reasons, Desert Hospital never obtained a building permit; the applicants then decided not to record the map since Lot 5 was to be purchased by Desert Hospital. The Subdivision Map Act (Government Code 66498.1 et. seq.) allows an applicant to process a vesting map, which if approved by the local agency, assures the applicant that their discretionary permit would be subject to the Zoning rules, fees, or other City Ordinances in effect at the time the City approved the map. Past court action has held that cities cannot impose "post -hoc" conditions that it could have imposed at the time of approval unless the applicant concurs with the changes. Therefore, those conditions that the City imposed during the review of the map are binding on both the applicant and the City. The City enacted its residential vesting map provisions in 1986, and included commercial provisions in 1991. We review vesting maps under the same provisions as other tentative maps unless the City's vesting map provision's state otherwise. Our provisions allows an initial two-year approval plus three additional extensions not to exceed three (3) years. PCGT.119 The applicant or developer is required under the provisions of the adopted specific plan to prepare plans for any structure to be built in the master -planned commercial project. The Desert Hospital project has been the only project to be formally reviewed by the City in this mixed use commercial site to date. fROrsTOMMMe The applicants have completed many tasks that will enable them to begin ultimate development of the site once they have a new tenant for their project. Since the departure of Desert Hospital from the project, the developer has chosen not to record the map because they would have to incur additional expenses. We should also note that the two-year extension granted by the state does not affect the applicant's right to request additional time extensions as defined by the City's Subdivision Ordinance. Staff would also like to state that the site is consistent with the City's 1992 General Plan Update. The proposed project is consistent with the goals and policies of the La Quinta General Plan and the standards of the Municipal Zoning and Land Division Ordinances, subject to conditions. Adopt Planning Commission Resolution 95-_ recommending approval of Vesting Tentative Tract Map 27031 (Amendment #1, Minor Change), first time extension, subject to the attached amended conditions. 1. Location Map 2. Land Use/Traffic 3. Tentative Parcel Map 27399 4. Agency Comments 5. Draft Resolution PCGT.119 4 wv,a g /A� MILES '' s 78900 20 pp,, eS lNDY " DESERTRE CREST DR Ari �� ►� � q"�a Cr VI A OR � W R IVI qga � C *'�!3. ti DESERT fD DR X ey LN 5 ASHLEY PL DESSTT DR I CREEK 1 DIO I N vrR - ------ —� 1» MDUNTAIN — t - RD VISTA DEL ¢° ME 0. U OUINTA WESTWAFA) HO ON OR VISTA N�� ;� �• ` -CANYON I � " I . ONE a LA DUINTA HS HORSE91DE I I s ELEVEN (SITE) ` _ YAYAPA SINGING PA LA OWNTA �✓y 6 7 I Sj ,TTFAATEQ FI ` ° I ] 26 A— 1 SAID FPL Project �1 j •:,�', ?!". I PtGNUJADANAEUSSiVacantL d C1 1 47TH SEE A "Sto Ab Q nA I ARAPANDE NY 2 ARWANDE LN a/tCE ] ARAPAHDE CT 4 ARAPAIDE TER ARAP 6 YAVAPAYADNIAMCC CIR Z qIi 4ADR 9 i i YIA IA: • aciant V Lake La Quinta / VISTA iA vISTA AVENUE v RI 48 75NO DESCANSO "w LN aA w U Laguna De La Paz " . �� s Cl g�y 3 a sfu RAN s' `' SSAR . M GATE �� �� ' Rancho La Quinta - Country Club F `vsari TlrarEo s� Eax ' %TEE � VIA � � 8 CASA DEL � ^. �I fJ. 2 E4�d �% F • �. W"� ��� FA -ME [A p : .ee.. T ,- F $fie Yu : I TA.^I -------- _ -- y,<PA CT rUE' <�_ �� $1eC °Ike SAGEB»ISH ..` Zwl :` il HOTEL GOLF IIi3 LA CKIWAu AVpI rn J 6 TENNIS V ;'. _ Y ENgt ! SAGINRO DR 3.` IdEiDAT ----- / , SEAS A LDS ARB U I,--! �u 1 0.IVuF�- r� _ L•:l CSpi��1vSK N 2DRY CRFLIt �,AM �— �+� K NW z 6qT£ 8'' oft yo ] PAE d MID . rrrnYr -'ANC tto�1yM GATE �_�'- , < _ 78500 50 6 aas BRIA D i 4 , AVENUE - ,�. ... ..,, s� �,A o 2 Nt� 00 " , STO EGATF CASE MAP NORTN CASE No. Location Map TTM27031 (Amend. 1)- Minor Change SCALE: KTI—' 1 st Time Extension interoffice M E M O R A N D U M to: Planning Commission from: Greg Trousdell, Associate Planner subject: Washington Square Project (1992 Information) date: June 30, 1995 Alternative 1 Alt. 2 Alt. 3 Alt. 4 Land e Sq. Ft. 1. Gen. Retail 230,000 233,650 203,900 253,650 2. Fastfood 4,500 4,500 4,500 4,500 3. Eating/Bev. 29,000 29,000 29,000 29,000 4. Health Club 30,000 25,500 25,000 25,000 5.Offices 80,000 80,000 80,000 80,000 6. Auto Sales 7 ac. 7 ac. 7 ac. 7 ac. 7. Medical 330,000 330,000 330,000 330,000 8. Service St. 24,250 24,250 24,250 24,250 9. Movie Th. 0 2,000 seats 2,000 seats 0 These Alternatives were based on meeting the requirement of the specific plan that limits the total number of p.m. peak hour vehicular trips for the project to 2,020 (inbound) and 1,660 (outbound). Notes: A. Item 7 was the Desert Hospital Project and possibly a day care facility B. Item 8 included Car Washes C. Item 5 includes Professional or Admin. Offices N 1 LLI U- Im MO Z W S �l I L evil 1 - � �� !� is �•!�i :rr d �i jil 1.. all I • J it 1 _ 1• a M t � ,. Attachment 4A K ,r A IMPt I I IRRI 11 N 1 141 1 row, a COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 •LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398.5811 • FAX (619) 398.5848 IIDPD-DDC June 26, 1995 t JUL U 5 1005 Mr. Greg Trousdell Community Development Department �d City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Re: Washington Square - Time Extension No. 1 Vesting Tentative Tract Map 27031 (Amendment 1) Located South of Highway 111 and East of Washington Street Dear Mr. Trousdell: Review of the plans for Washington Square has concluded it will impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on Imperial Irrigation District's (IID's) system. These demands impact existing facilities at peak loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. This added demand may also directly affect power rates in the IID's service area, possibly resulting in higher electric rates in future years. A Developer's Information Letter is enclosed which specifies IID's electrical requirements. Please pass this information along to the applicant. Thanks for the opportunity to provide input. If you should have any comments or concerns, please contact me at (619) 398-5818 or John Salas at 398-5834. Sincerely, THOMAS F. LYONS, JR., P. E. Senior Engineer Enclosure rg Attachment 4B CITY OF LA UINTA PO Box 1504 • La QuiNTA, CA 92253 •619-777-7067 • Fax: 619-777-7155 TRANSMITTAL MEMO TO: !/CJTY MANAGER P KS DEPT. UILDING & SAFETY v�ODE ENFORCEMENT SHERIFF'S DEPT. IRE MARSHAL 9-<VWD C-tIS �I- TRANS FROM: 0 5 1995 'L--rUBLIC WORKS DEPT. i, " RRY HERMAN 4-STAN SAWA i,ALLY NESBIT I.�,,���D BAKER � � ^ �LIE MOURIQUAND +-CHOOL DISTRICT DS CITY OF INDIO COMMUNITY DEVELOPMENT (C/O GREG DATE: JUNE 21, 199560 � A ' SUBJECT: TIME EXTENSION #1 (WASHINGTON SQ Z.E) Agb N _q� �,,. �` 4 , .. 19 � .j A CASE(S): VESTING TENTATIVE TRACT MA? 27031 (AMEND. 1) r LOC: S. OF HIGHWAY 111 AND E. OF WASHINGTON STREET' PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE ON THE ATTACHED ITEM BY JUjY 77,1 995. COMMENTS: ?Zs,5 �— NO COMMENT ATTACHMENTS TO: FROM: Attachment 4C MEMORANDUM Community Development Departm4t Fred Bouma Associate Engineer DATE: June 29, 1995 SUBJECT: Time Extension #1 for Vesting Tentative Map 27031 - Washington Square The Public Works Department requests the following change to the conditions of approval for this development: Condition No. 16: Reword the first two sentences as follows: "Stormwater runoff produced during the peak 24-hour period of a 100- year storm shall be retained on site in landscaped retention basin(s) or another approved retention system. Retention basins, if used, shall be designed for a maximum water depth of six feet or less. FB/fb 1 '35 15:37 ClT.-,.Yo-oF 2. � 1995 PO Box 1504 V LA QUINV4 CA TRANSM171TAL MEMO UINTA 3 •619-777-7067 • FAx; 619.777 TO: !/C TY MANAGER KS DEPT. &,- l ILDING & SAFETY &.,<ODE ENFORCEMENT 'I-ShERIFF'S DEPT. L--�IRE MAIRSI:AI. e.2 TRAN S PPGE.002 sum Attachment 4D ATU Gtiuin 4--frUBLIC WORKS DEPT. 1.- fiERRY HERMAN &,-°TAN SAWA __4AM LY NESBIT & rD BAKER M: UhIQUAND +,' C OOL DISTRICT' DS _—CITY OF INDIO FROM- COMMUNITY DEVELOPMENT (CIO GREG TROUSDELL) DATE: JUNE 21, 1995 SUBJECT: TIME EXTENSION #1 (WASHINGTON SQUARE) CASE(S): VESTING TENTATIVE TRACT MAP 27031 (AMEND. 1) LOC: S. OF HIGHWAY 111 AND E. OF WASHINGTON SMET PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE ON THE ATTACHED ITEM BY jam 7 . IM, 0 COMMENTS: ATTACHMENTS -7-7— S Pf &.v A i vt e vn t w.t,tn,,, ef ** TOTAL aAGE.002 ** It- 0 Cu tL Attachment 4E Zj{ ltEt � 34 e s .as.... oil oil 1 t =� Z �Mr � ty y s ff; f �i; Of t I '• � 3 l 1 / ' .l.tt� i� ') , `�' 1 1. ' '�/� 1 • 1 V ` I .+ "'1 '7C � f ` - -.'"1 r.-.T ;---• r--� �--` f 1 f1 r_l.� r=�t-1 ", wuuwt�.M.v was t.arf 1 A'IFIFACMMMIF OD PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, RE-CONFIRNIING THE ORIGINAL ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 27031 (MINOR CHANGE, AMENDMENT #1) TO ALLOW A MIXED USE COMMERCIAL PROJECT ON +65.4 ACRES. CASE NO.: VESTING TENTATIVE TRACT 27031 (MINOR CHANGE, AMENDMENT #1) APPLICANT: WILLIAM A. BENNEYAN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 1995, hold a meeting to consider the request of William A. Benneyan for a one-year extension of time for an approved eight (8) lot vesting subdivision map on 65.4 acres in the C-P-S zone in the area generally bounded by Highway 111, Adams Street (future), 47th Avenue, Washington Street, and Simon Drive, more particularly described as: A PORTION OF THE NORTHEAST QUARTER OF SECTION 30, TSS, R7E, S.B.B.M. WHEREAS, a mitigated Negative Declaration has been adopted for this case; therefore, no further Environmental Review is necessary; and, WHEREAS, mitigation of various physical impacts have been identified and will be incorporated into the approval conditions for Vesting Tentative Tract 27031 (Minor Change, Amendment #1) in conjunction with this tentative tract, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said meeting, 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 to justify the Applicant's request for a one-year time extension: That Vesting Tentative Tract 27031, (Minor Change, Amendment #1) as conditionally approved, is generally consistent with the goals, policies and intent of the La Quinta General Plan for land use density, circulation requirements, C-P-S Zoning District development standards, and design requirements of the Subdivision Ordinance. 2. That the subject site is generally level. The proposed circulation design and lot layouts, as conditioned, are, therefore, suitable for the proposed land division. That the design of the tract, as conditionally approved, will be developed with public sewers and water, and therefore, is not likely to cause serious public health problems. 4. That the design of Vesting Tentative Tract 27031 (Minor Change, Amendment #1) will not conflict with easements acquired by the public at large for access through the project, since alternate easements for access and for use have been provided that are substantially equivalent to those previously acquired by the public. 5. That the proposed Vesting Tentative Tract Map 27031 (Minor Change, Amendment #1), as conditioned, provides for adequate maintenance of landscape common areas. 6. That the proposed Vesting Tentative Tract 27031 (Minor Change, Amendment #1), as conditioned, provides storm water retention and noise mitigation. 7. That general impacts from the proposed Tract were considered within the MEA prepared and adopted in conjunction with the La Quinta General Plan. 8. That the City has provisions to permit vesting of commercial tentative tract maps. WHEREAS, in the review of this Vesting Tentative Tract Map 27031 (Minor Change, Amendment #1), the Planning Commission has considered the effect of the contemplated action of the housing needs of the region for purposes of balancing the needs against the public service needs of the residents of the City of La Quinta and its environs with available physical and environmental resources; NOW, TBEREFORE, 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; 2. That it does hereby reaffirm the conclusion of Environmental Assessment 90-207 relative to the environmental concerns of this tentative tract; 3. That it does hereby recommend approval of Vesting Tentative Tract Map 27031 (Minor Change, Amendment #1) for eight (8) lots for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 25th day of July, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY BERMAN, Community Development Director City of La Quinta, California resope.123 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED VESTING TENTATIVE TRACT 27031 AMENDMENT #1 (MINOR CHANGE); TIME EX-CENSION JULY 25, 1995 Mitigation measures for Environmental Assessment 90-207 + Deleted by the Planning Commission on 7-25-95 + + Modified by the Planning Commission on 7-25-95 GENERAL CONDITIONS OF APPROVAL: 1. Vesting Tentative Tract 27031, Amendment #1 (Minor Change) for 8 lots, marked Exhibit "A", shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2.++ This Vesting Tentative Tract Map approval shall expire two years after the approvai by the La Quinta City Cotmeil on July 16, 1996, unless approved for extension pursuant to the State Subdivision Map. *3. Development of lots in this Vesting Tract shall comply with all provisions of Specific Plan 87-011, Amendment #1, as approved. 4. Approval of this Vesting Tract shall be subject to approval of Specific Plan 87- 011, Amendment #1. 5. Applicant shall submit proposed private street names with alternatives to the Community Development Department for approval prior to final map approval by City Council. 6. The appropriate Planning approval shall be secured prior to establishing any of the following uses: a. Temporary construction facilities b. Sales facilities, including their appurtenant signage C. On -site advertising/construction signs. 7. Provisions shall be made to comply with the terms and requirements of the City adopted Infrastructure Fee Program now in e3ect. 8. If lot mergers or lot line adjustments are necessary to accommodate development, applications for them shall be submitted with the applicable plot plan or conditional use permit requests. CONAPRVL.043 Conditions of Approval Vesting Tentative Tract 27031, Amendment #1 July 25, 1995 ENGINEERING DEPARTMENT: *9. Applicant shall dedicate public street right of way and utility easements in conformance with the city's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: a. Highway 111 - Major Arterial (half width) or as required by Caltrans; b. Adams Street - Primary Arterial, 55-foot half width; * 10. Applicant shall vacate vehicle access rights to Highway 111, Washington Street, Adams Street, and Avenue 47 from all abutting lots. Access to these streets from this land division shall be restricted to street access points shown on the Internal Circulation Plan, Figure V-1, in Specific Plan 87-011 Amendment #1 * 11. Turning movements of traffic accessing the subject subdivision shall be as follows: Highway 111 a. Simon Drive: left and right turns in and out are allowed; b. Lot D between lots 2 and 3: left and right turns in and out are allowed; C. Lot D between lots 1 and 2: right turn in and out only. Washington Street a. Simon Drive: right turn in and out only; b. Lot E: right turn in and out only; an opening in the median island to permit left turns in and out may be approved by the City Council at a future date if a traffic study confirms the need for this median opening. C. Figure V-1, north of 47th Avenue: right in and out only at access locations shown in Specific Plan 87-011, Amendment #1. Adams Street a. Lot C: right turn in and out only. Avenue 47 a. At access locations shown in Specific Plan 87-011 Amendment #1 Figure V-1 (revised on 7-16-91 at City Council meeting): right and left turns in and out are allowed. CONAPRVL.043 Conditions of Approval Vesting Tentative Tract 27031, Amendment N1 July 25,1995 12. Applicant shall provide a fully improved landscaped setback lot or easement of noted width adjacent to the following street right of ways: a. Highway 111, 38-feet wide; b. Washington Street, 20-feet wide; C. Adams Street, 20-feet wide; d. 47th Avenue, 10-feet wide; e. Simon Drive, 10-feet wide. 13. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 14. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. * 15. The tract shall be designed and graded in a manner so the difference in building pad elevations between contiguous lots that share a common street frontage or join lots with adjoining existing tracts or approved tentative tracts does not exceed three (3.0) feet. The pad elevations of contiguous lots within the subject tract that do not share a common street shall not exceed five (5.0) feet. If applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve other alternatives that satisfy the City's intent to promote and ensure community acceptance and buyer satisfaction with the proposed development. ++* 16. Storm water run-off produced during the peak 24 hour period of a 100-year storm shall be retained on site in landscaped retention basin(s) or another approved retention system. Retention basins, if used, shall be designed for a maximum water depth of six feet or less. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to, a CONAPRVL.043 Conditions of Approval Vesting Tentative Tract 27031, Amendment #1 July 25, 1995 grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. 17. Lot 8 shall not be used as a retention basin as shown on the vesting map. All retention basin locations shall be approved by the City Engineer. 18. Applicant shall install a trickling sand filter and leachfield in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per 5000 square feet of landscaping per day. * 19. Applicant shall have street improvement plans prepared by a registered civil engineer. Street improvements shall be designed and constructed for all streets within the proposed subdivision and for off -site streets as required by these conditions of approval. All street improvements shall be designed and constructed in accordance with the LQMC and adopted Standard Drawings, and City Engineer and shall include all appurtenant components required by same, except mid -block street lighting, such as but not limited to traffic signs and channelization markings, street name signs, sidewalks, and raised medians where required by city General Plan. Street design shall take into account the soil strength, anticipated traffic loading, and design life. The minimum structural section for residential streets shall be 3" AC over 4" Class 2 Base. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the newly required improvements shall be designed and constructed as required by the City Engineer to assure the new and existing improvements are appropriately integrated to provide a finished product that conforms with city standards and practices. This includes tapered off -site street transitions that extend beyond tract boundaries and join the widened and existing street sections. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: a. ON -SITE STREETS 1.) All streets shown on vesting map: One 14-foot wide travel lane in each direction separated by a 12-foot wide continuous two-way left turn lane, or approved equivalent; minimum total width shall be 40 feet, or as approved by the City Engineer. CONAPRVL.043 4 Conditions of Approval Vesting Tentative Tract 27031, Amendment #1 July 25, 1995 b. OFF -SITE STREETS 1.) Highway 111 (Simon Drive to Adams Street): Install, or participate in the cost of, one-half Major Arterial improvements per Caltrans' requirements, improvements includes half of the raised median, refer to the Project Study Report/Project Report approved by Caltrans in March 1991. 2.) Washington Street (Simon Drive to 47th Avenue): Install half width Major Arterial, improvement includes one half of raised median, refer to General Plan. Figure VII-2. Applicant shall reimburse City for improvements previously installed on east side of centerline. 3.) Adams Street (Highway 111 to 47th Avenue): Install three-quarter width Primary Arterial (3 of 4 travel lanes for 86' width improvement option), improvement includes full width raised median and 16-foot wide north bound travel lane, refer to Std Dwg #100. Applicant to be reimbursed for street improvements between south property line and 47th Avenue based on fair share determination of land mass. 4.) 47th Avenue (portion contiguous to tract): Reimburse developer that installed improvements for that portion located on the north side on the centerline. Reimbursement shall include responsibility for 25% of the cost to design and construct the signal at 47th Avenue and Washington Street. *20. Applicant shall construct, or enter into agreement to construct, the site grading, off -site public improvements and utilities, and on -site common area improvements before the final map is recorded. Applicant shall pay cash, in lieu of and equivalent to the respective fair -share construction cost, for those improvements that the applicant has partial cost responsibility and construction must be deferred until the full complement of funding is available. Payment of cash may be deferred to a future date mutually agreed by applicant and City, provided security for said future payment is posted by applicant. 21. Applicant shall construct an eight -foot wide meandering bike path in the easterly parkway and landscaped setback lot/easement along Washington Street and Highway 111 in lieu of the standard six-foot wide sidewalk. CONAPRVL.043 5 Conditions of Approval Vesting Tentative Tract 27031, Amendment #1 July 25,1995 22. Applicant shall provide a blanket easement that covers the entire landscaped setback lot/easement for the purpose of a meandering public sidewalk. 23. All existing and proposed electric power lines with 12,500 volts or less, and are adjacent to the proposed site or on -site, shall be installed in underground facilities. 24. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by applicant shall provide certified reports of soil compaction tests for review by the City Engineer. 25. Applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of the final map without the approval of the City Engineer. 26. Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 27. A Caltrans encroachment permit must be secured prior to construction of any improvements along State Highway 111, and all Caltrans requirements shall be implemented. 28. Applicant shall retain a California registered civil engineer, or designate one who is on applicant's staff, to exercise sufficient supervision and quality control during construction of the tract grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the applicant to implement this responsibility shall provide the following certifications and documents upon completion of construction: a. The engineer shall sign and seal a statement placed on the "as built" plans that says "all (grading) (improvements) on these plans were properly monitored by qualified personnel under my supervision during construction for compliance with the plans and specifications and the work shown hereon was constructed as approved, except where otherwise noted hereon and specifically acknowledged by the City Engineer". b. Prior to issuance of any building permit, the engineer shall provide a separate document, signed and sealed, to the City Engineer that CONAPRVL.043 Conditions of Approval Vesting Tentative Tract 27031, Amendment #1 July 25, 1995 documents the building pad elevations. The document shall, for each lot in the tract, state the pad elevation approved on the grading plan, the as built elevation, and clearly identify the difference, if any. The data shall be organized by tract phase and lot number and shall be cumulative with each submittal if the data is submitted at different times. C. Provide to the City Engineer a signed set of "as built" reproducible drawings of the grading and improvements installed by the applicant. 29. Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. 30. Landscape and irrigation plans for the landscaped lots/easements shall be prepared in conformance with requirements of the Community Development Director, and City Engineer, and approved by same officials prior to construction. 31. Applicant shall maintain the landscaped areas of the subdivision such as the landscaped setback lots/easements and retention basins until accepted by the City Engineer for maintenance by a merchant's association of the subdivision. 32. Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation, perimeter wall, and drainage facilities installed in the subdivision. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the merchant's association in planning for routine and long term maintenance. Wso a$ sun 6 ti'mr, a wit I 91m.4 u a "a-. sootosf�jr. Note 6 woo 34. Applicant shall construct a 6-foot wide, 150-foot long landscaped island shall be constructed in the center of Simon Drive in the transit station vicinity to the satisfaction of the City Engineer, if and when the transit station is installed. 35. Applicant is responsible for the cost to design and construct traffic signals at the following locations: a. Highway 111; CONAPRVL.043 Conditions of Approval Vesting Tentative Tract 27031, Amendment #1 July 25, 1995 1.) Washington Street: 20% fair share responsibility; 2.) Simon Drive: 25% fair share responsibility; 3.) Lot D: 50% fair share responsibility; 4.) Adams Street: 25% fair share responsibility. b. Washington Street; 1.) Avenue 47: 25% fair share responsibility; 2.) Lot E: 100% cost responsibility, if approved. 36. Applicant shall provide unrestricted blanket cross -access easements on all numbered lots in the subdivision. Easements not to be for secured areas as approved by City. 37.++ This map is subject to the provisions of Resolution 91-59 (Vesting Tract Maps) adopted in 1991. CONAPRVL.043 8 PH*4 STAFF REPORT PLANNING COMMISSION DATE: JULY 25, 1995 CASE: CONDITIONAL USE PERMIT 95-020 APPLICANTS: HAROLD (HAP) AND HARRIET (HOLLY) HARRIS ARCHITECT: CHARLES MARTIN REQUEST: APPROVAL TO CONSTRUCT A 11-ROOM BED AND BREAKFAST INN WITH INNKEEPER'S UNIT ON ONE -ACRE SITE LOCATION: EAST SIDE OF CALEO BAY DRIVE, SOUTH OF LAKE LA QUINTA DRIVE ZONING: C-P-S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL DETERMINATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED AN INITIAL STUDY (EA 95-306) ON THE PROPOSED PROJECT AND DETERMINED THAT THE PROJECT WILL NOT HAVE ANY SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE MITIGATED. THEREFORE, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IS HEREBY RECOMMENDED FOR ADOPTION. GENERAL PLAN LAND USE DESIGNATION: M/RC (MIXED/REGIONAL COMMERCIAL) SURROUNDING ZONING/LAND USE: NORTH: R-1 /LAKE WITH RECREATIONAL AREA BEYOND SOUTH: C-P-S/VACANT COMMERCIAL LAND EAST: R-1 /LAKE WITH VACANT RESIDENTIAL LAND BEYOND WEST: C-P-S/VACANT COMMERCIAL LAND STAFFRPT.042 The subject property is a vacant one -acre site which was created as a part of the Lake La Quinta subdivision several years ago. The site is an irregularly shaped square property consisting of approximately one -acre of land. The site has been rough graded with the finish grade several feet higher than the adjacent Caleo Bay Drive. The site is presently vacant except for some desert shrubs. The site has Lake frontage along most of the north and all of the east boundary of the site. The applicants are proposing to construct what they call "an upscale bed and breakfast inn" consisting of nine guest rooms, two suites, and an innkeeper's residence on the site. The total square footage of building area consists of approximately 9,800 square feet of floor space. Within the inn portion of the facility there will be kitchen and dining facilities and a library. The innkeeper (or owner's) unit will contain three bedrooms and a two -car garage and consist of 1,900 square feet of floor space. Nine rooms, varying from 271 square feet to 488 square feet, will be provided in the main "L" shaped building on two floors. The remaining two guest suites (416 & 422 sq. ft.) will be located as a separate one story unit near the southeast corner of the site. The innkeeper's unit will be located adjacent to the northwesterly portion of the site. A swimming pool and spa will be located near the southeasterly portion of the site. The "L" shaped building is laid out with the short leg against the northern property line and parking adjacent to Caleo Bay Road. The nine guest rooms are orientated with views towards the Lake to the east. The two individual guest suites are also laid out with their main orientation to the Lake. The C-P-S zone does not have setback requirements for one and two-story buildings. The applicant has designed the project with substantial setbacks from Caleo Bay Road; except for a small portion of the residence which is approximately 25-feet from the street right-of-way. Adjacent to the north, which is a part of the Lake, the setback is approximately nine feet with the separate suite units setback approximately eight feet from the Lake on the east at one corner and approximately ten feet along the south property line. STAFFRPT.042 WRIMM4MVIN•� According to the applicant, the project has been designed to create an old world feeling utilizing a French Country or Chateau architectural style. The project will utilize two grey earth -tone stucco colors with copper accents, french windows and doors, and a dark grey slate roof. Quarry stone will be used as an accent around some portions of the base of the structures. The height of the structure, at its two- story level, will be approximately 28-feet with a one-story area, for the innkeeper's unit, at 13-feet high. On the south elevation of the owner's unit will be an enclosed two -car garage. To the east of the garages will be three simulated garage doors which will only be wall panels. These panels, along with the garage doors, will be constructed out of metal simulated to look like wood. The municipal code requires 1.1 parking space per room or, for this 11-room unit, 12 parking spaces. The innkeeper's unit would require and additional 2 parking spaces. The applicant is providing a total of 17 unenclosed parking spaces for guests and is providing a two -car enclosed garage for the innkeeper's unit. The main vehicular access, to the project, will be from a driveway near the south property line. This access will be provided with an automatic gate which will be open during the day and closed during the evening hours. A secondary access, which would be for emergency or delivery use only, will be located near the northern property line adjacent to the innkeeper's unit. This gate is anticipated to be an "exit only" gate. This gate is proposed to be a solid gate which would be kept closed. The project is proposed to be landscaped in a fashion which will simulate a wooded french area. The applicants are proposing extensive use of trees throughout the site. Near the water, weeping willows are proposed to be used with the majority of the other trees to be evergreen trees. However, around the pool area there will be some use of palm trees and hibiscus shrubs. Along the front of the site the landscaping will be bermed with a short screen wall provided above that to provide a sense of enclosure and privacy to the facility. Applicants have not submitted signage plans at this time. However, the architect indicates that it is anticipated that signage will be limited to use of logos and small signs on (or adjacent to) the main vehicular gate entry near the south property line. STAFFBPT.042 The Inn will be operated on a 24-hour-a-day basis with the innkeeper's being on site at all times. There will be approximately two to three full-time employees involved. Staff has circulated a request for comments among City Departments and outside agencies. All comments received have been positive with the Chamber of Commerce recommending approval of the project. Staff has verbally been informed by the Lake La Quinta Homeowners' Association representative that they feel the project is acceptable. No written comments from adjacent homeowners, or surrounding property owners, has been received regarding the project. The project complies with applicable City requirements. Additionally, the project has been designed to be attractive. Although the architectural style is not Mediterranean or Spanish which the surrounding land uses consist of, it does have the same architectural elements of stucco walls and a tile roof. Additionally, the applicant has designed the landscaping to be fairly dense which will minimize visibility of the project from adjacent properties or streets. Staff feels that there are findings that can be made to support approval of the project as follows: 1. The project has been designed for the protection of the public health, safety and welfare. 2. The project conforms with logical development of the land and surrounding area. 3. The project complies will applicable City zoning and General Plan requirements. 4. The project will be architecturally and landscaped to be compatible with surrounding land uses. STAFFRPT.042 Based on the above findings, Staff recommends: 1. Adoption of Resolution 95-_ approving a Mitigated Negative Declaration of Environmental Impact; 2. Adoption of Minute Motion 95-_, approving Conditional Use Permit 95-020, subject to the attached conditions. Attachments: 1. Location Map 2. Environmental Assessment Documentation 3. Comments from various City Departments and outside agencies 4. Plans and exhibits STAFFRPT.042 CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 95-020 - HAROLD & HARRIET HARRIS JULY 25, 1995 1. Development of this site shall be in substantial conformance with exhibits approved and contained in the file for Conditional Use Permit 95-020, unless amended by the following conditions. 2. The approved Conditional Use Permit shall be used within one year of City approval date of July 25, 1995; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction which is allowed by this approval, not including grading which is begun within the one year. Time extensions up to a total of two years may be requested pursuant to municipal code requirements. 3. An exterior lighting plan for the parking lot area and building shall be approved by the Community Development Department prior to issuance of a building permit. Lights shall be designed not to create glare onto adjacent streets and properties. 4. The project shall pay the required Arts in Public Places fee prior to issuance of a building permit. 5. Provisions shall be made to comply with the terms and requirements of the City's Adopted Infrastructure Fee Program in effect at the time of issuance of the building permit. 6. The developer shall retain a qualified archeologist immediately upon any discovery of archeological remains or artifacts during construction or grading of the site. The developer shall apply appropriate mitigation measures should archeological remains or artifacts be uncovered. 7. Recycling/trash enclosure shall be large enough to accommodate all required bins and shall comply with the requirements of the City and Waste Management of the Desert (i.e., solid metal doors mounted on poles and imbedded in concrete with an 8-inch high curb provided within the enclosure, with a concrete pad in front of the trash enclosure). Prior to issuance of building permit, the applicant shall provide written verification from Waste Management of the Desert that recycling/trash enclosure is large enough to accommodate recycling and trash bins. CONAPRVL.333 8. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a grading permit. Prior to issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a building permit. Prior to final occupancy, the applicant shall prepare and submit a written report demonstrating compliance with the remaining conditions of approval and all mitigation measures of a Negative Declaration. The Community Development Director may require inspection or other additional monitoring to ensure such compliance. 9. Prior to issuance of any grading or building permit, the applicant shall obtain permits and/or clearances from the following agencies: -- Fire Marshal -- Public Works Department -- Community Development Department -- Riverside County Environmental Health Department (if required) -- Desert Sands Unified School District -- Coachella Valley Water District -- Imperial Irrigation District -- Community Regional Quality Control Board (NPDES Permit) if required The applicant is responsible for any requirements of the permits or clearances from the above jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Department at the time of application for a building permit for the use contemplated herewith. 10. Upon the 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. 11. All perimeter walls shall be decorative in texture and color and, if painted, shall be painted on both sides. Walls to be reviewed and approved by Community Development Department prior to issuance of building permit for wall. 12. That the sign program shall be submitted and approved by the City, prior to fabrication or installation of the signage. CONAPRVL.333 13. The final landscaping and irrigation plans for the project shall be submitted to the Community Development Department for approval prior to issuance of a building permit. Emitter or drip irrigation shall be used wherever feasible. 14. Irrigation and landscaping shall comply with Water Conservation Ordinance 220. 15. Landscaping/berming/wall shall be provided adjacent to Caleo Bay Drive to screen parking lot surface and vehicles from view from Caleo Bay Drive. 16. That no "white" fountain grass shall be permitted. If fountain grass is to be used the "purple" variety shall be utilized. 17. The landscaping and irrigation plans shall be approved by the Coachella Valley Water District water specialist and Riverside County Agricultural Commissioner. 18. Site improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media and shall include grading, hardscape (curbing, paving and walkways), striping and traffic signage including parking stalls, drainage, and landscaping including walls, fencing, irrigation and lighting. All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. 19. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, La Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. Graded, but 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. 21. The applicant shall comply with the City's flood protection ordinance. CONAPRVL.333 22. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report for the underlying tract and shall be certified as adequate by a soils engineer or an engineering geologist. 23. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. 24. Nuisance water from irrigation and parking lot washdown shall be retained and disposed of on site unless otherwise approved by the City Engineer. 25. In deesign of retention facilities, the soil percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. 26. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 27. Improvement plans for all on -site hardscape and drainage improvements shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement section shall be 3.0"/4.5". CONAPRVL.333 28. Grading, landscaping and other improvements along the Caleo Bay Drive frontage shall be designed to provide adequate vision clearance for traffic exiting the development. 29. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 30. The applicant or applicant's successors in ownership of the property shall ensure perpetual maintenance of private street and drainage facilities, landscaping, and other improvements required by these conditions. 31. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. 32. Provide or show there exists a water system capable of delivering 1000 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. 33. The required fire flow shall be available from a Super hydrant(s) (6x4" x 2-1 /2") located not less than 25' or more than 165' frrom any portion of the building(s) as measured along approved vehicular travel ways. 34. 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 requirements prescribed by the Riverside County Fire Department". 35. Install a complete fire sprinkler system per NFPA 13R. 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. CONAPRVL.333 36. System plans must be submitted to the Fire Department for review, along with a plan/inspection flee. The approved plans, with Fire Department job card must be at the job site for all inspections. 37. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 71. 38. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 39. Install panic hardware exit signs as per Chapter 33 of the Uniform Building Code. 40. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 41. Install a Hood/Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 42. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from 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. 43. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 15'. 44. 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. CONAPRVL.333 1 COR CASE MAP CASE No. CONDITIONAL USE PERMIT 95-020 1 ANGELS INN y r IS I C cim© ORTH SCALE: NTS ATTACHMENT PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-306 PREPARED FOR CONDITIONAL USE PERMIT 95-020 - HAROLD & HARRIET HARRIS (TWO ANGELS INN) ENVIRONMENTAL ASSESSMENT 95-306 TWO ANGELS INN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July 1995, hold a duly noticed Public Hearing to consider the proposed Conditional Use Permit 95-020 for the Harris' Two Angels Inn project; and, WHEREAS, The Planning Commission of the City of La Quinta, California, did approve the certification of the Environmental Assessment to the City Council; and, WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules o 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 Initial Study EA 95-306; and, WHEREAS, the Community Development Director has determined that said conditional use permit will not have a significant adverse effect on the environment and that a Negative Declaration of environmental impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment; 1. The proposed conditional use permit will not be detrimental to the health, safety, or general welfare of the community, either directly or indirectly. 2. The proposed conditional use permit will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levells, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. The proposed conditional use permit does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed conditional use permit will not result in impacts which are individually limited or cumulatively considerable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this environmental assessment. 2. That it does hereby recommend certification of Environmental Assessment 95- 306 for the reasons set forth in this resolution and as stated in the attached Environmental Assessment Checklist and Addendum, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25th day of July, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Director Community Development Department City of La Quinta, California ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-306 Case No.: Plot Plan 95-020 Date: JUNE 29,1995 Name of Proponent: CHARLES L. MARTIN, ARCHITECT Address: 73-733 Highway, Palm Desert, CA 92260 Phone: 619-346-4090 Agency Requiring Checklist: CITY OF LA QUINTA Project Name (if applicable): HARRIS BED & BREAKFAST - "TWO ANGELS INN" CITY OF LA QUINTA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation Public Services Population and Housing X Biological Resources Utilities X Earth Resources Energy and Mineral Resources Aesthetics Water Risk of Upset and Human Health Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance III. DETERMINATION. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. SignatureDate Printed Name and Title: LESLIE J. MOURIQUAND, Associate Planner For: THE CITY OF LA QUINTA Fnvass.025 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? X (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? X Fnvass.07 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? X nvass. Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses? x d) Insufficient parking capacity on site or off site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? R g) Rail, waterborne or air traffic impacts? X 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? X .nvass. d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? 3.8. ENERGY AND MINERAL RESOURCES. Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X 3.9. RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazards? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X X X X X X rt. vass. Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 3.12. UTILITIES. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious of sacred uses within the potential impact area? X nvass. Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? X b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. nvass. INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-306 Prepared for: Conditional Use Permit 95.020 Two Angels Inn Harold & Harriet Harris Prepared by: Community Development Department City of La Quinta 78-495 Calle Tampicc La Quinta, CA 92253 June 29, 1995 KA TABLE OF CONTENTS Section Page 1 INTRODUCTION 3 1.1 Project Overview 3 1.2 Purpose of Initial Study 3 1.3 Background of Environmental Review 4 1.4 Summary of Preliminary Environmental Review 4 2 PROJECT CT DESCRIPTION 4 2.1 Project Location and Environmental Setting 4 2.2 Physical Characteristics 4 2.3 Operational Characteristics 4 2.4 Objectives 4 2.5 Discretionary Actions 5 2.6 Related Projects 5 3 ENVIRONMENTAL ANALYSIS 5 3.1 Land Use and Planning 5 3.2 Population and Housing 6 3.3 Earth Resources 8 3.4 Water 10 3.5 Air Quality 12 3.6 Transportation/Circulation 15 3.7 Biological Resources 16 3.8 Energy and Mineral Resources 17 3.9 Risk of Upset/Human Health 18 3.10 Noise 19 3.11 Public Services 20 3.12 Utilities 22 3.13 Aesthetics 23 3.14 Cultural Resources 24 3.15 Recreation 26 4 MANDATORY FINDINGS OF SIGNIFICANCE 26 5 EARLIER ANALYSIS 27 SECTION 1: INTRODUCTION 1.1 PROJECT OVERVIEW An application from Harold and Harriet Harris was submitted to the City of La Quinta's Community Development Department for review and approval of a proposed bed and breakfast establishment. The project site is within the Lake La Quinta development. The proposed project site is one acre in size with proposed buildings to cover 9,760 square feet, hardscape to cover 7,100 square feet, and landscaping to cover 26,700 square feet of the site. The buildings will consist of a two-story building with nine suites and an attached caretakers residence, and a detached duplex guest cottage. The Inn will feature on the first floor, five suites, a library, salon, dining room, laundry, office, and kitchen. On the second floor there will be four suites. Most of the suites have a fire place and bathroom. Second floor suites will have a balcony. The height of the building will be 26' 6". A metal roof is proposed. Exterior materials will be stucco walls and field stone wainscoting. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A lead agency is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve the proposed development. 1.2 PURPOSE OF THE INITIAL STUDY As part of the environmental review for the proposed bed and breakfast inn, the City of La Quinta Community Development Department has prepared this Initial Study. This document provides a basis for determining the nature and scope of the subsequent review for the proposed inn. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: To provide the City with information to use as the basis for deciding whether to prepare an environmental impact report (EIR) or a Negative Declaration for the inn project; To enable the applicant or the City of La Quinta to modify the project, mitigating adverse effects before an EIR id prepared, thereby enabling the project to qualify for a mitigated negative declaration of environmental impact. To assist the preparation of an EIR, should one be required, by focusing the analysis on those that will be adversely impacted by the proposed project; To facilitate environmental review early in the design of the project; To provide documentation for the findings in a negative declaration that the project will not have a significant effect on the environment; To eliminate unnecessary EIR's; and 4 To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW The proposed inn was deemed subject to the environmental review requirements of CEQA. The Environmental Officer for the Community Development Department prepared this Initial Study and addendum for review and certification by the Planning Commission of the City of La Quinta. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This Initial Study indicates that there is little potential for adverse environmental impacts. Mitigation measures have been recommended in a Mitigation Monitoring Plan (MMP) which will reduce potential impacts to insignificant levels. As a result, a Mitigated Negative Declaration of Environmental Impact will be recommended for this project. The preparation of an EIR will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by the City of Palm Desert and Riverside County, and federal and county lands to the south. The City of La Quinta was incorporated in 1982. The proposed Two Angels Inn is located within the Lake La Quinta development, east of Washington Street, between Avenues 47 and 48. The project site is a one acre parcel in a commercially zoned corridor adjacent to existing and vacant residential properties. 2.2 PHYSICAL CHARACTERISTICS The proposed inn will consist of 9,760 square feet of building area containing a caretakers residence and nine suites, plus a duplex cottage. The parcel is relatively flat as it has been leveled through previous mass grading activities. 2.3 OPERATIONAL CHARACTERISTICS The proposed inn will provide lodging for visitors to the community. Caretakers will reside on site. Employee housing is not proposed. The proposed inn will function as a normal bed and breakfast inn. 2.4 OBJECTIVES The objectives of the proposed inn are to construct a for -profit bed and breakfast as a private enterprise for the applicant. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project, the government agency is the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed project will require discretionary approval from the Planning Commission for the following: Approval of Conditional Use Permit 95-020 Certification of the Environmental Assessment for the project 2.6 RELATED PROJECTS There are no direct current projects related to the proposed inn. However, the project site is within the Lake La Quinta development that is still under construction. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the development of the proposed bed and breakfast inn, to be called Two Angels Inn. CEQA issue areas are evaluated in this addendum as contained in the Initial Study Checklist. Under each checklist item, the environmental setting is discussed, including a description of conditions as they presently exist within the City and the areas affected by the proposed project. Thresholds for significance are defined either by standards adopted by responsible or trustee agencies or by referring to criteria in CEQA - Appendix G. 3.1 LAND USE AND PLANNING l;egional Environmental Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County. The valley is abundant with both plant and animal life. Topographical relief ranges from -237 feet below mean sea level (msl) to about 2,000 feet above msl. The valley is surrounded by the San Jacinto Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountains. The San Andreas fault transects the northeastern edge of the valley. local Environmental Setting The proposed project site is located east of Washington Street, south of Lake La Quinta Drive, on the east side of Caleo Bay Drive. The project site is within the central portion of the City. There are existing single family homes nearby within the Lake La Quinta development. There are also vacant residential areas within the development. A. Would the project conflict with the general plan designation or zoning? No Impact. The proposed project is within the Mixed Regional Commercial land use designation and within the Commercial Scenic (C•P•S) zone. The proposed inn is permitted within these designations, thus there is no land use or zoning conflict. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies related to development of the inn are identified in the La Quinta General Plan, the La Quinta Master Environmental Assessment (LQMEA), and the Lake La Quinta development approvals. The project site is within Redevelopment Area #2, which includes the northern portion of the City. The redevelopment plan for the City relies upon the General Plan to indicate the location and extent of permitted development. As a result, the development of the inn is also consistent with the adopted Redevelopment Plan. The development of the inn will not exceed the development standards contained in the City's General Plan and Zoning Ordinance. Q. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. Former agricultural lands are located on the project site. The project site is part of the former Burkett homestead. However, the land has not been farmed since it was sold for the development of Lake La Quinta. No impact an agricultural resources or operations will result from the proposed inn project. (Sources: La Quinta General Plan; Zoning Ordinance; Site Survey) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No Impact. The project site will be developed with a 9,760 square foot inn structure and duplex cottage as permitted by an approved Conditional Use Permit for land use and architectural review. The future inn will not affect the physical arrangement of existing neighborhoods or other types of development in the northern area of the City. (Sources: Site Survey; Project Plans; Aerial photographs of the City) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making it the second fastest growing city in the Coachella Valley. The number of permanent residents blossomed from 4,992 to 11,215. La Quinta's share of the entire valley population increased from 3.7%, in 1980, to 5.1 % in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the ?Coachella Valley Association of Governments (CVAG). The City's population as of January 1994, is estimated by the State Department of Finance, to be 16,634 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has approximately 8,000 seasonal residents who spend three to six months in La Quinta. It is estimated that 30% of all housing units in the City are used by seasonal residents. The average occupancy is 2.5 persons per unit. The housing stock as of 1993, is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes, for a total of 8,483 units. Ethnicity information form the 1980 Census, for the area that is now the City of La Quinta revealed that 80% of the La Quinta resident population as caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1 % as Asian, and .5% as Native American. The results of the 1990 Census show a mix of 70% Caucasian, 26% Hispanic, 1.6% Afro-American, 1.5% Asian, and 1.0% Native American. The most current information available on employment of residents of the City is from the 1980 Census. In 1980, almost 57% of the La Quinta workforce worked at white collar jobs, whole 43% were in blue collar occupations. The major employers in the City include the La Quinta hotel and Resort, PGA West, Von's, Ralph's, Simon Motors, WalMart, Albertson's, and the City of La Quinta. Local Environmental Setting The proposed project site is within a partially developed residential project known as Lake La Quinta. The project site is within a commercial portion of this development. The land is vacant and has been rough graded at the time the development was begun. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The proposed inn will result in one new permanent residential unit. Temporary construction jobs will be created if the project is built. New jobs related to the operation of the future inn will also be created. Groundskeepers and housekeepers will be employed at -the inn. 03. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? No Impact. The proposed inn will provide lodging facilities in the City. This will attract tourists to the area which will result in additional bed tax paid to the City. It is not anticipated that additional development will result directly from the construction of the inn. Q. Would the project displace existing housing, especially affordable housing? No Impact. There are no housing units on the proposed project site. There are, however, homes located within the same development of Lake La Quinta. The proposed inn will be constructed with private funds. (Source: Site Survey; Application) 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a varied topography, from gently sloping alluvial fans, steep hillsides, to relatively flat desert floor. The alluvial soils that make up most of the City's soil types are underlain by igneous - metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the Valley floor are made up of very fine grain unconsolidated silty sands. Local Environmental Setting The area where the project is proposed is a partially developed residential and commercial project. A review of historical aerial photographs indicates that the site has always been vacant. The elevation of the inn site is approximately 60 feet above msl. There have been no recorded seismic activity from the nearby inferred faults. However, the City lies within a seismically active region of Southern California. Faults in the area include the San Andreas fault located several miles to the north of the City. Faults within the City include two inferred faults transacting the southern section of La Quinta. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Than Significant Impact. There are two inferred faults in the southern area of the City One of the faults is located approximately 2,500 feet to the east of the inn site. The other inferred fault line is located over three miles to the south. There faults are considered potentially active, although no activity has been recorded from them for the last 10,000 years. A major earthquake along the fault would be capable of generating seismic hazards and strong groundshaking effects in the immediate area. None of the inferred faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. thus, no fault rupture hazard is anticipated near the faults. (Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; La Quinta Master Environmental Assessment) R. Would the project result in or expose people to potential impacts involving seismic ground shaking? Potentially Significant Unless Mitigated. The proposed inn oroject will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will bring people to the site who will be subject to these hazards. The project site is within Groundshaking Zone III. The lodging facilities will be required to be constructed to meet current seismic standards to reduce the risk of structural collapse. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed inn project is not anticipated to be subject to ground failure hazards from earthquake or other events. The La Quinta General Plan indicates that the project site is not within a recognized liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the ground surface. D. Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean, with mountains ranges in-between the ocean and the desert valley. Tsunamis would not impact the desert in any known way. Seiches and volcanic activity is not known of in the desert. E.. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The project site is located in the open desert area, away from the hillsides. Thus, the project would not be impacted by potential mudslides or landslides. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Less than Significant Impact. The proposed inn will require some excavation and trenching for utility lines. 'Hazard barricades shall be placed around excavation sites to warn of open construction activities. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less than Significant Impact. The project site is not located in an area which is considered to have a subsidence hazard, according to the La Quinta MEA. Dynamic settlement results in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. (Source: La Quinta MEA) H. Would the project result I or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The underlying soils on the project site consist of Coachella fine sandy loam (CsA). CsA soil has a medium runoff characteristic, slight erosion hazard, moderate blowsand potential, and low shrinkiswell potential. (Source: Soil Survey of Riverside County, California - Coachella Valley Area) I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique features in the La Quinta area. These unique geologic features are not located within the project site or near enough to the project to be affected by the proposed inn project. (Source: U.S.G.S. La Quinta Quad Map) 10 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layer of rock material) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater Basin which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via thirteen wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower thermal subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy Ranch, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water supplies are also augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the City is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet are considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in Lake Cahuilla, a reservoir; lakes in private development which are comprised of canal water and/or untreated groundwater; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which results in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the run off flowing in the intermittent streams that drain the mountain watersheds. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids (TDS) an increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implernented as a two-part permitting process, for which the City of La Quinta is participating in the completion of permitting requirements for a valley - wide permit. Local Environmental Setting The proposed inn site does not have any standing water on it, but is located very near the man-made lake in the Lake La Quinta development. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Less Than Significant Impact. The proposed project will not require additional drainage facilities. There is an existing drainage system for the Lake La Quinta development that directs runoff into the lake. H. Would the project result in exposure of people or property to water -related hazards such as flooding? Less than Significant Impact. The site is not within a designated flood plain zone. (Source: La Quinta MEA) G. Would the project result in discharge into surface Waters or other alteration of surface water quality )e.g. temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. Runoff from the project site will be directed to the existing drainage system within the Lake La Quinta development. 0. Would the project result in changes in the amount of surface water in any water body? Less Than significant Impact. Storm water runoff will be directed into the existing drainage system which consist of the lake within the development. E. Would the project result in changes in currents, or the course or direction of water movements? No Impact. There are no substantial bodies of water within the City of La Quinta. There are, however, many small ponds and lakes on private golf courses. The Whitewater River and the La Quinta Evacuation Channel are stormwater channels that are usually dry except for runoff from seasonal storms. F. Would the project result in changes in quantity of groundwaters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. Development of the inn will result in the consumption of 1,650 gals./day of water. (Source: Utiligen) G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The proposed project will not have a significant effect on groundwater wells. It is not anticipated that there will be any alteration to the direction or rate of flow of the groundwater supply. No wells are proposed for the project. H. Would the project result in impacts to groundwater quality? 12 Less Than Significant Impact. The proposed inn will result in additional paving during the construction of the building foundations and the parking lot. This new pavement will reduce the absorption ability of the ground. Stormwater runoff will be directed into the existing drainage system as well as into a small on -site retention basin that is required as a condition of approval. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAGMD), and in particular the Southeast Desert Air Basin (SEDAB). SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). A discussion of the jurisdictional organization and requirements is found in the La Quinta MEA. The air quality in the Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U.S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air quality at over 32 monitoring stations in and around the Basin. According to the ' 989 South Coast Air Quality management Plan, SEDAB experiences poor air quality, but to a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM 10 are frequently exceeded. PM 10 is particulate matter that is 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles on unpaved roads, among other causes. Local Environmental Setting The City of La Quinta is located in the lower Coachella Valley, which has an arid climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMP, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs and the other in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulate matter since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate matter and has been in operation since 1985. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? 13 Less Than Significant Impact. There will be some pollutants generated as a result of vehicular traffic during the construction and operation of the inn. According to the SCAQMO CEQA Air Quality Handbook, Table 6.2, the proposed project best fits with the Resort Hotel category under the Commercial land use threshold of 193 rooms. Thus, there is minimal impact. Projects that exceed the Air District thresholds with daily operation -related emissions (averaged over a 7- day week) are considered to be significant. Calculations were made for the proposed inn. A 180-day construction period was assumed for the following short term construction impacts: ROG 2.3lbs.lday Nox 33.1lbs.lday CO 7.2lbs.lday PM10 2.4 Ibs.lday Long Term Mobile Emission consist of the following: ROG 2.9lbs.lday Nox 0.7lbs.1day CO 22.8lbs.lday PM10 0.2lbs.lday Long Term Emissions consist of the following: ROG 2.9lbs.lday Nox 0.9lbs.1day CO 22.8lbs.lday PM10 0.2lbs.1day SEDAB Thresholds: ROG 75lbs.lday Nox 100lbs.lday CO 550lbs.lday PM10 150 Ibs.lday Difference : Project and SEDAB Thresholds: ROG 72.1lbs.lday Nox 99.1lbs.lday CO 527.2lbs.lday PM10 149.8 Ibs.lday Percent Over Thresholds: 14 ROG 3.8% Nox 0.9% CO 4.1 % PM10 0.2% The screening analysis indicates that there will be minimal impact to air quality from the construction and operation of the proposed inn. No further study on air quality issues is warranted. B. Would the project expose sensitive receptors to pollutants? Less than Significant Impact. Sensitive Receptors include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. The adjacent land uses consist of residential and golf development to the immediate north and east, with scattered homes with the Lake a La Quinta project. There is vacant commercially -zoned property to the adjacent north and south, and west of the project site. The closest schools are Truman Elementary and La Quinta Middle School, both located near the northwest corner of the intersection of Avenue 50 and Park Avenue. The closest existing park is the Village park located in the Cove area, southwest of the inn site. The closest known day care center is the YMCA preschool located adjacent to Truman Elementary School. The closest medical facility is a doctors office located on Calla Tampico, near Washington Street, over a mile from the project site. C. Would the project alter air movements, moisture, temperature, or cause any change in climate? No Impact. The proposed inn is not anticipated to result in any significant impact upon this issue area. The proposed inn will be required to comply with setback and height requirements of the C-P-S zone. The mass of the proposed structures will not be large enough to block air movement, or effect climatic moisture or temperature. Landscaping of the project site will have dense plantings of a variety of plant species. The City requires that landscaping comply with the water conservation requirements of the landscape ordinance, and the requirements of the Coachella Valley Water District water management policies. 0. Would the project create objectionable odors? No Impact. The proposed inn project is not anticipated to create any objectionable odors. Food preparation will be done in the inn's kitchen and served in the dining room. There could be noticeable odors from cooking activities emanating from the kitchen. Odors from vehicle exhaust emissions could also be noticeable from the inn's parking lot or the adjacent streets. These odors, if detectable at all, will not be significant enough to require any type of mitigation measure. 15 3.6 TRANSPORTATIONICIRCNLATION Regional Environmental Setting La Quinta is a desert community of over 16,000 permanent residents. There is a substantial portion of the City .that is undeveloped. The existing circulation system is a combination of early roadwork constructed by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in LA Quinta experience considerable seasonal variation, with the late•winter, early spring months representing the peak tourist season and highest traffic volumes. Existing transit service for La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Washington Street connects the Cove and Village areas with the community of Palm Desert to the west. Two lines operated along Highway 111 serving trips between La Quinta and other communities in the desert. There are some existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems are to be completed as new developments are constructed in the City. Local Environmental Setting The project site is within the partially developed Lake La Quinta ioroject. The project site is located immediately south of the entrance to the development on Caleo Bay Drive. The development has a series of existing private streets, except for Caleo Bay, which is a public street with a pavement width of 40 feet. A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. The proposed inn is projected -to serve as many as 22 guests (11 rooms x 2 per room) on a single day. This number of guests would generate 88 vehicle trips per day. Morning peak trips are calculated at 4 and evening peak trips at 6. (Source: Trips) B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersection) or incompatible uses (e.g. farm equipment)? No Impact. There are currently no hazards from design features of the existing roadway or the proposed project. The proposed inn does not include any new roadways or the alteration of any existing roadways. Thus, there are no obvious design hazards associated with the proposed project. C. Would the project result in inadequate emergency access to nearby uses? No Impact. The proposed inn will not obstruct emergency access to the surrounding development or area. (Source: Site Plan) 0. Would the project result in insufficient parking capacity on•site or off•site? 01 No Impact. A total of 18 parking spaces are proposed for the inn. This number complies with that required by the Off -Street Parking Ordinance. E. Would the project result in hazards or barriers for pedestrian or bicyclists? No Impact. F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. The proposed inn will not interfere with the existing alternative transportation modes and facilities or create new modes or facilities. (Source: Site Plan) G. Would the project result in rail, waterborne, or air traffic impacts? No Impact. There is no rail service in the City of La Quinta. The closest rail road tracks are located north of the City on the north side of Interstate 10. There are no navigable rivers or waterways, or air travel lanes within the City limits. Thus, there will be no impacts upon these issues. 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City: the Sonoran Desert Scrub and the Desert Transition. The disturbed environments are classified as urban or agricultural. A discussion of these ecosystems is found in the La Quinta Master Environmental Assessment. Local Environmental Setting The project site is located within the Sonoran Desert Scrub ecosystem. Typically, undeveloped land in this environment is rich in biological resources and habitat. This ecosystem is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water use, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw water from considerable depths. The variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. The Sonoran Scrub areas are considered habitat for a number of small mammals and birds. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rats are all common rodent species in this environment. The black -railed hare is a typical mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal found in this area is the Peninsular Big Horn sheep which are found at the higher elevation of the Santa Rosa and San Jacinto Mountain ranges. Birds and amphibiansireptiles can also be found in the Sonoran Scrub area. 17 The project site is within a partially developed residential and commercial specific plan development. The entire site has been mass graded. Streets improvements have been completed. The La Quinta MEA indicates that the vicinity of the project site is within the traditional habitat of the Blacktailed Gnatcatcher bird. There is no existing habitat left in the development to impact. A. Would the project result in impacts to endangered, threatened, or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Potentially Significant Unless Mitigated. The proposed project site has been disturbed by mass and fine grading activities in the recent past, during the development of Lake La Quinta project. There is no natural habitat left on the project site. (Source: Site Survey) R. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish & Game or the U.S. Fish & Wildlife Service. (Source: La Quinta MEA; Site Survey) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? No Impact. There are locally designated natural communities found on or near the project site. Surrounding land uses include golf course, single family homes, and vacant land. D. Would the project result in impacts to wetland habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There are no natural wetlands, marshes, riparian communities, or vernal pools within the City. There is a man-made lake in the Lake La Quinta development. (Source: Site Survey) E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. There are no recognized wildlife corridors within the project area. (Source: La Quinta MEA) 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both area of insignificant and significant Mineral Aggregate Resources Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in the City come from the Imperial Irrigation District (IID), Southern California Gas Company, and gasoline companies. Local Environmental Setting 18 There are no oil wells or other fuel or energy producing resources on the proposed project site. The project site is located within MRZ-1, a designation for areas where there is no significant resources present. A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management Ordinance in place that focuses on the conservation of fuel. The Housing Element contains requirements for efficiency in housing construction and materials, thus reducing energy consumption. The proposed inn project will be required to meet Title 24 energy requirements in its design and construction. No other mitigation is required or feasible for this project. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less than significant Impact. Natural resources that may be used by this project include air, mineral, water, sand and gravel, timber, energy, metals, and other resources needed for construction. Any landscaping will also be required to comply with the landscape water conservation ordinance as well as the requirements of the Coachella Valley Water District. for water management. 3.9 RISK OF UPSET(HUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increased the ?City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not yet located within La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County. Transportation of such materials out of and through La Quinta takes place. Local Environmental Setting In order to comply with AB 2948-Hazardous Waste Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The project site has not been used for any type of manufacturing or industry in the recorded past. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to , oil, pesticides, chemicals, or radiation)? No Impact. There is only minimal risk from cleaning chemicals and compounds used in the maintenance of the inn's facilities. No other risks have been identified or are anticipated. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? 19 No Impact. Construction and excavation activities will be confined to the proposed project site, except for minimal of -site work , such as driveway approaches. These activities will not interfere with emergency responses to the development or the surrounding areas nor will it obstruct emergency evacuation of the area. C. Would the project involve the creation of any health hazard or potential health hazard? No Impact. There are no anticipated health hazards associated with the proposed inn. 0. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no existing health hazards on the proposed project site. The proposed inn is not expected to create any health hazards, as long a OSHA and County Health Department safety regulations are followed by employees and guests. The inn will be required to conform to zoning standards and all applicable health and safety codes in the construction of the facility. E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? No Impact. The proposed project site is a vacant parcel with very little vegetation on it. There is minimal risk of fire hazard. 3.10 NOISE Regional Environmental Setting Noise levels in the City are created by a variety of sources in and near the City. The major sources include vehicular noise on City streets and Highway 111, and temporary construction noises. The ambient noise levels are dominated by vehicular noise along the highway and major arterials. Local Environmental Setting The ambient noise level at the project site is dominated by vehicular traffic noise from Washington Street, the closest major arterial. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use is located within the Lake La Quinta development. A. Would the project result in increases in existing noise levels? Less Than Significant Impact. Any increase in vehicular noise resulting from the development of the proposed inn is anticipated to be insignificant. The existing (1992) noise levels fro the project area range between 50 and 60 dBA. Staff has determined that the proposed in is most compatible with the HoteliMotel land use category in Table 6.3 of the La Quinta MEA. Table 6.3, Land Use Compatibility for Community Noise Equivalent Levels (CNEL), indicates that this land use has a normally acceptable noise range of 65 to 70 dBA, and that above this range is unacceptable. In order for the inn to have a less than 20 significant noise impact, the operational noise levels will not be able to exceed 70 dBAICNEL. Construction materials and design should take noise containment and reduction into account for the inn and cottage. B. Would the project result in exposure of people to severe noise levels? Less Than Significant Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Hotellmotel land uses should have a maximum exterior noise level of up to 70 dBA. If the ambient noise level is higher than this standard, then the higher level will serve as the standard. The proposed project will result in short-term noise impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. The Municipal Code regulates construction hours to which the developer/contractor must comply. (Source: La Quinta General Plan; La Quinta Municipal Code) 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff's Department. The Sheriff's Department extends service to the City from existing facilities located in the City of Indio. The Department utilizes a planning standard of 1.E deputies per 1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City is currently underserved. Fire protection services are provided to the City by Riverside County Fire Department. The Fire Department administers two stations in the City: Station #32 on Old Avenue 52, at Ave. Bermudas, and Station #70, St. the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved. the Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. Structural fires and fires from other man-made features are the most significant fire threats in the City. Hillside and brush fires are minimal as the hillside areas are barren of heavy vegetation and the scattered brush on the valley floor is too sparse to pose a serious fire threat. Desert Sands Unified School District and Coachella Valley Unified School District serve the City. there is one elementary school, one middle school, and one high school with the City. These schools are with the Desert Sands Unified School District. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village are of the City. The existing library opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. the County unadopted planning standards are 0.5 square feet per capita 21 and 1.2 volumes per capita to forecast future facility requirements. Utilizing these standards, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility located in the Plaza La Guinta Shopping Center. The Eisenhower Immediate Care Facility is a satellite clinic of the Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic services are provided by Springs Ambulance Service. Local t'nvironmental Setting The nearest fir station to the project is Station #32, located approximately 2 miles south. Governmental services in La Guinta are provided by City staff at the Civic Center and by County, State, and federal agency offices in the desert and region. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? Less Than Significant Impact. The construction of the proposed inn will increase the need for fire protection due to the addition of additional square footage of structure. The development shall comply with the fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazard on - site and to minimize the need for fire protection services. Unobstructed fire access will be required. Other code requirements (such as fire sprinkler systems, construction materials, etc.) will be required. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Less Than Significant Impact. The Riverside County Sheriff's Department responded with comments on this project. They had no negative comment and stated that the project will not significantly impact the Sheriff's Department's ability to provide services. Ample exterior and address lighting is requested by the Department. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less than Significant Impact. The proposed project will be subject to payment of school impact fees to mitigate potential impacts on local schools. This fee is payable prior to issuance of building permit. D. Would the project have an effect upon, or result in a need for new or altered governmental services in relation to the maintenance of public facilities including roads? Less Than significant Impact. The roadways within Lake La Quinta are privately owned and maintained, except for Caleo Bay Drive, which is publicly owned and maintained. Only routine maintenance is the roadway is anticipated to be necessary. 22 E.. Would the project have an effect upon, or result in a need for new or altered governmental services to relation to other governmental services? Less Than Significant Impact. Building, engineering, planning; inspection , code enforcement, and business license services provided by the City will be partially offset by application fees charged to the applicant. 3.12 UTILITIES Regional Environmental Services The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and the Southern California Gas Company (SCG) for natural gas service. Existing power and gas lines and substations are found throughout the City. IID has four substation in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone series for the City. Colony CableVision services the area for cable television service. The Coachella Valley Water District (CVWD) provides water service to the city. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from 13 wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the city. The City's stormwater drainage system is administered by the CVWD., which maintains and operates a comprehensive system to collect and transport flows through the City. The City ids served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Valley. Local Environmental Setting There is an existing storm drainage system in place at the resort complex. Runoff is directed to the man- made lake for retention and absorption. All utilities exist at the project site. A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Than significant Impact. Power, sewer, and gas lines have been brought in to the Lake La Quinta development. The proposed inn will require hook-ups to water, sewer, natural gas, and electricity. The projected electrical consumption has been calculated to be 283 kWH per day. Natural gas consumption is calculated at 1,541 cubic feet per day. (Source: Utiligen) B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less than Significant Impact. The proposed inn will require service from GTE for telephone communication. It is anticipated that an internal communication system will be installed in the inn. 23 C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less than significant Impact. The proposed inn will require water service. It is not anticipated that the project will result in any significant adverse impact on local water resources. Water consumption is calculated at 1,650 gallons per day for the project operations. (Source: Utiligen) m. Would the project result in a need for new systems, or substantial alteration to sewer services or septic tanks? Less than Significant Impact. The proposed inn will generate sewage which will have to be transported and treated by CVWD. The developer will be responsible for the cost of connection to the sewer system. Sewage generation is calculated at 1,375 gallons per day for the project operations. (Source: Utiligen) E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Less Than Significant Impact. The project site is currently a vacant graded parcel. There will be pavement placed for the parking lot and structural foundations pllaced for the proposed buildings. Hardscape will consist of walkways and driveways. There will be extensive landscaping of the grounds. Nuisance water will be required to be retained on site. There is an existing storm drainage system within the Lake la Quinta project which is designed to route stormwater runoff into the lake. That system will serve this proposed project. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less than Significant Impact. The proposed inn will require solid waste disposal service from Waste Management of the Desert. or other purveyor of this service. Solid waste may be transported to the three existing landfills in the Coachella Valley. these landfills are reaching capacity and may be closed in the near future. Any on -site programs for recycling will be coordinated with Waste Management. Solid waste generation for this project is calculated at 22 pounds per day. (Source: La Quinta General Plan; Utiligen) 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within desert valley cove. There are hillside to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. The project is located in a partially developed residential and commercial project in the northern portion of the City. The proposed height of the inn will not exceed that permitted by the C-P-S zone. The new structures will not adversely impact scenic vistas. 24 B. Would the project have a demonstrable negative aesthetic effect? No Impact. The proposed inn will be required to comply with architectural and landscaping policies and ordinances of the City. Thus, there should not be a significant adverse impact upon the aesthetic qualities of the surrounding area. C. Would the project create light or glare? Less than Significant Impact. The anticipated development of the bed and breakfast inn will include exterior security and landscaping lighting which will cumulatively contribute to the existing light and glare emanating from the Lake La Quinta development. All lighting fixtures shall be required to comply with the Dark Sky Ordinance and other current policies of the City concerning lighting issues. 3.14 CULTURAL RESOURCES Regional Environmental Setting The history of the La Quinta area extends back to an era when much of the lower Coachella Valley was inundated by ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were people who had begun migrating across the Bering Strait more than 20,000 years ago. As the migrations continued through time, groups of people passed through the Colorado Desert on their gradual way to Central and South America. As time passed, the Coachella Valley became home to a band of people that migrated from the Great Basin intruding upon people that were sparsely inhabiting the region. Ethnographically, these intruders are known as the Cahuilla. The Cahuilla followed a hunting and gathering life style as they lived along the ancient lakeshore and cove areas in the Coachella Valley. The archaeological record for the Cahuilla extends back approximately 2,00 years as confirmed by recent archaeological finds and dating techniques. The Cahuilla were divided into three geographic areas, the Western or Pass Cahuilla within the Agua Caliente (Palm Springs) area, the Desert Cahuilla (from Palm Springs east to the Salton Sea), and the Mountain Cahuilla (south to San Jacinto Peak in the San Jacintc Mountains). Traveling across boundaries to exploit seasonal resources was a part of their annual life cycle. Anthropologist, Alfred Kroeber estimated that the Cahuilla population, prior to white contact, was 2,500 individuals. This number had been reduced to about 750 by 1923. In 1540, the first European explorer, Captain Hernando de Alarcon, entered Southern California at the Yuma crossing. Approximately 100 years later, Spanish missionaries visited the area. A trail was est&ished by the Cocomaricopa Indians across the valley in 1821 as they carried mail through the San Gorgonio Pass between Tucson and Mission San Gabriel. White settlement in the Valley did not occur to any degree until the transcontinental railroads were constructed. The construction of the railroads brought with it the technology to drill water wells deep enough to sustain settlement in the valley. The Bradshaw Trail brought in settlers and freight both before and after the construction of the railroad. The Coachella Valley was the site of the most popular 25 immigration route to the southwest via the Southern Immigrant Trail. The Bradshaw Trail was in use until 1915 when a graded gravel road was developed for automobile travel. The settling of La Quinta area has been chronicled by the La Quinta Historical Society in several publications and museum exhibits. There are 13 designated historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's which lead to incorporation of the City in 1982. The City has grown from a population of approximately 5,400 in 1982, to over 16,000 in 1995. The incorporated boundaries currently include over 31 square miles of area. Local Environmental Setting The Lake La Quinta development is located adjacent to a designated historic resource, the Burkett Ranch, located at 47-250 Washington Street. The Burkett family was one of the first pioneering families in the area. The ranch site is located between Avenue 47 and the entrance to Lake La Quinta. In addition, there are numerous prehistoric archaeological sites recorded within a one mile radius of the project site. There are several historic sites as well. A. Would the project disturb paleontological resources? No Impact. The proposed inn site is located approximately 1.75 mile west of the highest recorded shoreline of ancient Lake Cahuilla. The shoreline corresponds with the known occurrence of fossil -bearing soil strata. Thus, it is not anticipated that there are any paleontological resources present in the project area. B. Would the project disturb archaeological resources? Less than Significant Impact. The proposed project site has been surveyed for archaeological resources (ARU #1260). Although there were many archaeological sites discovered during the survey, none are located on the project site or adjacent to it. However, due to the high sensitivity for the occurrence of archaeological sites in the project area, archaeological monitoring for excavation and trenching for on -site and off -site work shall be required. It is possible that subsurface cultural deposits exist at the project site given the close proximity of recorded archaeological sites. The requirement for such monitoring shall be made a condition of project approval. C. Would the project affect historical resources? Less than Significant Impact. The Burkett Ranch site is a designated historic site of significance in La Quinta. The proposed inn will not directly impact the ranch site, however, there could be indirect impacts from additional development around the ranch site. There is no feasible mitigation for the indirect impact upon the ranch site. 0. Would the project have the potential to cause a physical change which would affect unique cultural values? 26 No Impact. There are no known unique cultural values associated with the proposed project site. Thus, there will be no impact. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no known religious functions or uses on the proposed project site or adjacent to it. 3.15 RECREATION Regional Environmental Setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assess the existing resources and facilities and the future need of the City. The City contains approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845.0 acre regional Lake Cahuilla County Park is not included in this count as it is a county facility. There are also bike, equestrian, and pedestrian trails within the City that are designated in the General Plan. Local Environmental Setting Washington Street is a designated bikeway corridor. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? Less than Significant Impact. The proposed inn project does not does not include the subdivision of land for residential units, therefore, there are no park fees required of the proposed project. Such fees were probably paid at the time the parcel was created within the Lake La Quinta development. B. Would the project affect existing recreational opportunities? No Impact. The anticipated inn will not affect any existing park or recreation facility. Lake La Quinta is designed to function as a recreation facility with boat docks for small watercraft. The inn will be near the lake shore and guests will be able to see and enjoy the lake. The inn is not anticipated to have any impact upon the lake. SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The Initial Study for the proposed inn could have potentially significant adverse impacts on some of the environmental issues listed in the checklist. The potential significance can be lessened to levels below significance if the appropriate mitigation measures are implemented. A Mitigation Monitoring Plan (MMP) has been prepared for this project based upon this environmental assessment. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this environmental assessment. 27 significance if the appropriate mitigation measures are implemented. A Mitigation Monitoring Plan (MMP) has been prepared for this project based upon this environmental assessment. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEGA Guidelines and based on the results of this environmental assessment. * The proposed project will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. * The proposed project will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. * The proposed project will not have impacts which are individually limited but cumulatively considerable when crossing planned or proposed development in the immediate vicinity. * The proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of mitigation measures. SECTION 5: EARLIER ANALYSIS a. Earlier Analyses Used. There were no earlier analyses used in the preparation of this environmental assessment, other than the La Guinta Master Environmental Assessment. B. Impacts Adequately Addressed. Not applicable. C. Mitigation Measures. Mitigation measures are discussed in this addendum where possible. A Mitigation Monitoring Plan (MMP) has been prepared for the project that will become a part of the conditions of approval attached to the project approvals and permits. Prepared by: 1,a4 *lie J. 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NKE LA QU I NTA July 24, 1995 Jerry Merman City of La Quinta Planning Department Fax No. 777-7155 Mr.. German: 7777155 a.31 We havA hqd an qr �nnrr»n i h�s ro`Ji85: t?--- grcp----1 —1 -- a— "rwo Angels Inn" on Lake La Quinta. uz-- .an-1 "l-a. 1I.aLi1� lwtvw luaL w.L4Il us on scvcrai occasions and have made every effort to comply with the existing program at Lake La qufnta. Based on the information we have been given it is our feeling that "Two Angels Inn" would be an asset to Lake La Quints 1I a the City of La Quinta. James La Lpftta \./ Wilma -La Quinta L. P. Project Direptor Century Homes Lake La Qulitfta Landau Development Co. rRo —�� fib JU(Z U—IM UiA WI:NR o U QUINU CALIMOk 09-1 619-564-.5407 FAX 619,564-5204 PH*5 STAFF REPORT PLANNING COMMISSION DATE: JULY 25, 1995 CASE: PLOT PLAN 95-559 APPLICANT: STONINGTON PROPERTIES ARCHITECT: MARVICK-LANG, INC., ARCHITECTURE/PLANNING REQUEST: APPROVAL OF A PLOT PLAN APPLICATION TO ALLOW CONSTRUCTION OF A COMMERCIAL BUILDING OF APPROXIMATELY 6,960 SQUARE FEET OF FLOOR SPACE LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 400 FEET EAST OF SIMON DRIVE IN THE ONE ELEVEN LA QUINTA SHOPPING CENTER ZONING: C-P-S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 95-305 HAS. BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATES THAT NO SIGNIFICANT ENVIRONMENTAL IMPACT WILL OCCUR WHICH CANNOT BE MITIGATED. THEREFORE, A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT HAS BEEN PREPARED AND 1S RECOMMENDED FOR CERTIFICATION. GENERAL PLAN LAND USE DESIGNATION: M/RC WITH A NON-RESIDENTIAL OVERLAY (MIXED REGIONAL COMMERCIAL WITH A NON-RESIDENTIAL OVERLAY) SURROUNDING ZONING/LAND USE: NORTH: C-P-S/ONE ELEVEN LA QUINTA CENTER PARKING LOT SOUTH: C-P-S/VACANT LAND EAST: C-P-S/EISENHOWER IMMEDIATE CARE FACILITY (UNDER CONSTRUCTION) WEST: C-P-S/DRIVEWAY ENTRANCE FROM HIGHWAY 111 STAFFRPT.041 The subject property is a pad site (F-3) within the One Eleven La Quinta Center. The pad is located adjacent to Highway 111 in front of the Shangri-La Restaurant which is almost completed. To the east of the pad site is the Eisenhower Immediate Care Facility which is presently under construction. On the west side of the site is a right turn in and out only driveway to Highway 111. The proposed building is very similar to the 7,000 square foot building the applicants previously constructed to the west of this site in this shopping center. The building is almost square and laid out parallel to Highway 111. The applicant indicates that Chief Auto Parts and Radio Shack will be the two tenants in this structure with the front doors facing north onto the parking lot. A trash enclosure is shown at the southeast corner of the site in the parking lot area. The building is set back 34-feet from the ultimate Highway 111 right-of-way. Two trellis structures, which are similar to that used in the first building, are set back 28- feet from the Highway 111 right-of-way. A setback of almost 11-feet is provided on the west side of the building adjacent to the driveway. The structure has been designed in a manner that is architecturally similar to the main Shopping Center and their previous building. The building utilizes a tile roof, stucco walls, some wood trellis trim, the accents, and tower features similar to those in the Shopping Center. On the north, east and west sides of the building, where the glass would be located, eave overhangs of five -feet are provided. The height of the major portion of the structure is approximately 19- feet 6- inches with the tower elements slightly higher at 24-feet for the corner tower facing north and 22-feet for the tower facing east and south. Applicant has submitted a preliminary landscaping plan for the project. The plan provides for landscaping similar to that used in the Shopping Center. The building, which will contain approximately 6,960 square feet, requires 24 parking spaces. The plan, as submitted, indicates 34 parking spaces which exceeds the City STAFFRPT.041 required parking. The circulation has been laid out to conform with the existing parking lot layout and proposed layout which will be constructed by Eisenhower Medical Center to the east. Adequate easements for parking and circulation for the entire Shopping Center are in place. The applicant has submitted signage for their two proposed tenants who consist of Chief Auto Parts and Radio Shack. The approved sign program allows a maximum of 24-inch high letter with the length allowed to be a maximum of 75% of the width of the rental space with a maximum square footage of 50 square feet. The letter style, as approved by the sign program, requires a Helvetica letter style which are standard block -type letters. National tenants, of which both of the proposed tenants are, can request approval of their standard corporate signage. Chief Auto Parts takes up the majority of this building with approximately 57-feet of frontage on the north and south sides and 80-feet on the west side. Therefore, they are allowed the maximum 50 square foot of sign on each face. Chief Auto Parts is requesting approval of the same sign on all three sides of the building mounted on the three foot (plus) high stucco fascia. The internally - illuminated sign would state "Chief" in dark blue letters of 24-inch height. "Auto Parts" would be 18-inch high letters in dark blue plexiglass. At each end of the sign would be a three -color "dash". The approximate square footage of this sign is 42 square feet. The trim cap and returns around the outside of the letter would be bronze in color. Radio Shack would be located at the east end of the building and have frontage on the north, south and east sides. Identical internally -illuminated red plexiglass signs are proposed with the tallest letters being 24-inches in height with smaller letters utilized. The overall length of this sign is 15-feet, 4-1/2-inches with the total square footage being approximately 30.6 square feet. The letter style would match the Radio Shack corporate style with black trim cap and white letter returns around the outside. All signs proposed will be mounted flush to the building wall with all wiring, transformers, etc. behind the stucco wall. The project, as designed, complies with applicable City requirements. The building is very similar to the Stonington Properties building constructed further to the west in the Shopping Center. STAFFRPT.041 With regards to landscaping, staff generally feels that it is acceptable. There should be some additional shrub planting on the west side of the building. It should be noted that any construction -damaged or removed landscaping and irrigation which exists along the perimeter of Highway 111 will need to be replaced with the construction of this building. Additionally, if during the construction of this project it is found that retaining walls are required to retain the existing slopes along the perimeter, they will need to be constructed. With regards to the signage, the sizes proposed are under the 50 square foot maximum with the heights the same as some of the Blockbuster Video signs approved for the first building constructed by the applicant. As previously noted, these tenants are allowed their corporate signage as allowed by the sign program. Findings for approval of this Plot Plan can be made and are as follows: 1. The proposed use as recommended, complies with all requirements of the General Plan and applicable State laws and ordinances of the City. 2. The proposed use has been designed for the protection of the public health, safety and welfare. 3. The proposed project has been designed to be compatible with the existing shopping center. 4. The conditions of approval ensure that the project will be acceptable. Based on the findings above, staff recommends: 1. Adoption of Planning Commission Resolution 95- , approving a Mitigated Negative Declaration of Environmental Impact; 2. Adoption of Minute Motion 95 approving Plot Plan 95-559, subject to the attached conditions. 1. Location Map 2. Initial Study, Negative Declaration and Mitigation Monitoring Plan 3. Comments from City Departments and other agencies 4. Plans and exhibits. STAFFRPT.041 CONDITIONS OF APPROVAL - RECOMMENDED PLOT PLAN 95-559 - STONINGTON PROPERTIES JULY 25, 1995 1. Development of this site shall be in substantial conformance with exhibits approved and contained in the file for Plot Plan 95-559, unless amended by the following conditions. 2. The approved plot plan shall be used within one year of City approval date of July 25, 1995; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction which is allowed by this approval, not including grading which is begun within the one year. Time extensions up to a total of two years may be requested pursuant to municipal code requirements. 3. The building wall scones (lights) shall be the same and utilize the same treatment as the fixtures used in the Shopping Center. 4. An exterior lighting plan for the parking lot area and building shall be approved by the Community Development Department prior to issuance of a building permit. Exterior lighting shall match that used in the Shopping Center. 5. The project shall pay the required Arts in Public Places fee prior to issuance of a building permit. 6. Provisions shall be made to comply with the terms and requirements of the City's Adopted Infrastructure Fee Program in effect at the time of issuance of the building permit. 7. The developer shall retain a qualified archeologist immediately upon any discovery of archeological remains or artifacts during construction or grading of the site. The developer shall apply appropriate mitigation measures should archeological remains or artifacts be uncovered. 8. Recycling/trash enclosure shall be large enough to accommodate all required bins and shall comply with the requirements of the City and Waste Management of the Desert (i.e., solid metal doors mounted on poles and imbedded in concrete with an 8-inch high curb provided within the enclosure, with a concrete pad in front of the trash enclosure). Prior to issuance of building permit, the applicant CONAPRVL.333 shall provide written verification from Waste Management of the Desert that recycling/trash enclosure is large enough to accommodate recycling and trash bins. 9. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a grading permit. Prior to issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a building permit. Prior to final occupancy, the applicant shall prepare and submit a written report demonstrating compliance with the remaining conditions of approval and all mitigation measures of a Negative Declaration. The Community Development Director may require inspection or other additional monitoring to ensure such compliance. 10. Prior to issuance of any grading or building permit, the applicant shall obtain permits and/or clearances from the following agencies: -- Fire Marshal -- Public Works Department -- Community Development Department -- Riverside County Environmental Health Department (if required) -- Desert Sands Unified School District -- Coachella Valley Water District -- Imperial Irrigation District -- Community Regional Quality Control Board (NPDES Permit) if required The applicant is responsible for any requirements of the permits or clearances from the above jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Department at the time of application for a building permit for the use contemplated herewith. 11. Upon the 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. CONAPRVL.333 12. The final landscaping and irrigation plans for the project shall be submitted to the Community Development Department for approval prior to issuance of a building permit. Emitter or drip systems shall be used whenever possible. 13. Additional 5-gallon shrubs and irrigation shall be provided on the west side of the building. 14. The provisions of Water Conservation 220 shall be met during plan check, if applicable. 15. The Rhus lancea shall be a minimum 24-inch box size. 16. All existing landscaping and irrigation shall be retained in place or replaced if damaged or removed as part of the construction of this project. 17. Retaining walls adjacent to the existing landscaping and berms along Highway 111 shall be provided if deemed necessary by the City at the time of construction. 18. Site improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media and shall include grading, hardscape (curbing, paving and walkways), striping and traffic signage including parking stalls, drainage, and landscaping including walls, fencing, irrigation and lighting. All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. Grading: 19. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, La Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. Graded, but 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. CONAPRVL.333 21. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report for the underlying tract and shall be certified as adequate by a soils engineer or an engineering geologist. 22. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. 23. Site drainage shall comply with the approved drainage plan for P.M. 25865. 24. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 25. Improvement plans for all on -site hardscape and drainage improvements shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement section shall be 3.0"/4.5". 26. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. CONAPRVL.333 27. The applicant or applicant's successors in ownership of the property shall ensure perpetual maintenance of private street and drainage facilities, landscaping, and other improvements required by these conditions. 28. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. 29. Provide or show there exists a water system capable of delivering 1250 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. 30. The required fire flow shall be available from a Super hydrant(s) (6x4" x 2-1/2") located not less than 25% or more than 165' from any portion of the building(s) as measured along approved vehicular travel ways. 31. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markets must be approved by the Riverside County fire Department. 32. Install a complete fire sprinkler system per NFPA 13 Ordinary Hazard Occupancy, Group 2. 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. 33. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 34. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 71. CONAPRVL.333 35. All fire sprinkler systems, fixed fir suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 36. Install panic hardware exit signs as per Chapter 33 of the Uniform Building Code. 37. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 38. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from 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. 39. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. 40. 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. CONAPRVL.333 i, �• y.S � tAG r rr*raar.rM • r ww��rw • • • sw•w�wwr••• "moor • ' oo- 1 p0a` i Try sty E v�� • ,RID1 E - ��s i IL-3 '29.400 Sr 14,960 sr 1-3 9 1A�OR .500 Sf SHOPS ; 9.040 sr A 4506 SF - 76.5" 1►-'& VA3OR Sf 65•A50 Yt-1 S" SNt W iE in 24 24. i rrwrrAr rrwro...s.�.w.o.r■ '� I •r•.eowwwrr4wwiw.vwwww.�. �..�L n,o I I f I jet s•wrwrrrrrwrrr..r •aw rrwrrr..rwrr i LANDSCAPIN r • • .... r......r.......... PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-305 PREPARED FOR PLOT PLAN 95-559 - STONINGTON PROPERTIES ENVIRONMENTAL ASSESSMENT 95-305 STONINGTON PROPERTIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 1995, hold a duly noticed Public Hearing to consider the proposed Plot Plan 95-559 for the Stonington retail building project; and, WHEREAS, The Planning Commission of the City of La Quinta, California, did approve the certification of the Environmental Assessment to the City Council; and, WHEREAS, said plot plan 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 Initial Study EA 95-305; and, WHEREAS, the Community Development Director has determined that said plot plan will not have a significant adverse effect on the environment and that a Negative Declaration of environmental impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment; 1. The proposed plot plan will not be detrimental to the health, safety, or general welfare of the community, either directly or indirectly. 2. The proposed plot plan will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. The proposed plot plan does not have the potential to achieve short-term Resopc.126 environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed plot plan will not result in impacts which are individually limited or cumulatively considerable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this environmental assessment. 2. That it does hereby recommend certification of Environmental Assessment 95- 305 for the reasons set forth in this resolution and as stated in the attached Environmental Assessment Checklist and Addendum, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25th day of July, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Director Community Development Department City of La Quinta, California Resope.126 ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-305 Case No.: Plot Plan 95-559 Date: JUNE 29, 1995 Name of Proponent: STONINGTON PROPERTIES Address: 1706 B Newport Boulevard, Costa Mesa Phone: 714-650-1714 Agency Requiring Checklist: CITY OF LA QUINTA Project Name (if applicable): RETAIL BUILDING ON PARCEL 10 OF THE ONE ELEVEN LA QUINTA SHOPPING CENTER CITY OF LA QUINTA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation Public Services Population and Housing X Biological Resources Utilities X Earth Resources Energy and Mineral Resources Aesthetics Water Risk of Upset and Human Health Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance III. DETERMINATION. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signature Date Printed Name and Title: LESLIE J. MOURIQUAND, Associate Planner For: THE CITY OF LA QUINTA Potentially Potentially Significant less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? X (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations? b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses? X d) Insufficient parking capacity on site or off site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? 3.8. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? 3.9. RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazards? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X X X X X X X X X X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 3.12. UTILITIES. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious of sacred uses within the potential impact area? X 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact M b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the hicremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-305 Prepared for: Plot Plan 95-559 Stonington Properties Retail Building on Parcel 20 of One Eleven La Quinta Shopping Center. Prepared by: City of La Quinta Community Development Department 78-495 Calle Tampico LaQuinta, California 92253 June 29, 1995 TABLE OF CONTENTS Section 1 INTRODUCTION Page K3 1.1 Overview of the Proposed Project............................................................. 3 1.2 Purpose of Initial Study..............................................................................3 1.3 Background of Environmental Review ...................................................... 4 1.4 Summary of Preliminary Environmental Assessment ................................ 4 2 PROJECT DESCRIPTION 4 2.1 Project Location and Environmental Setting...............................................4 2.2 Physical Characteristics of Proposed Project...............................................4 2.3 Operational Characteristics of Proposed Project..........................................4 2.4 Objectives of the Project.............................................................................5 2.5 Discretionary Actions..................................................................................5 2.6 Related Projects..........................................................................................5 3 ENVIRONMENTAL ANALYSIS 6 3.1 Land Use and Planning.............................................................................7 3.2 Population and Housing............................................................................8 3.3 Earth Resources........................................................................................10 3.4 Water........................................................................................................13 3.5 Air Quality................................................................................................15 3.6 Transportation/Circulation.........................................................................17 3.7 Biological Resources..................................................................................20 3.8 Energy and Mineral Resources...................................................................22 3.9 Risk of Upset/Human Health......................................................................23 3.10 Noise......................................................................................................... 24 3.11 Public Services........................................................................................... 25 3.12 Utilities...................................................................................................... 28 3.13 Aesthetics...................................................................................................30 3.14 Cultural Resources.................................................................................... 30 3.15 Recreation................................................................................................. 33 4 MANDATORY FINDINGS OF SIGNIFICANCE 34 5 EARLIER ANALYSIS 35 z SECTION 1: INTRODUCTION 1.1 OVERVIEW OF THE PROPOSED PROJECT The purpose of this Initial Study is to identify the potential environmental impacts of a proposed retail building. The proposed project site is located within the 111-La Quinta Commercial Center, located on the north side of Highway 111, between Washington Street and Adams Street, on parcel 10. The site consists of one designated pad of land within a planned shopping center. The development envisioned for this project includes a 6,525 square foot retail building on a project site area of 29,665 square feet (.681 acres) The City of La Quinta is the Lead Agency for the project, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve the proposed development. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the proposed retail building, the City of La Quinta Community Development Department has prepared this Initial Study. This Initial Study provides a basis for determining the nature and scope of the subsequent environmental review for the proposed restaurant. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: To provide the City of La Quinta with information to use as the basis for deciding whether prepare an environmental impact report (EIR) or negative declaration for the building; To enable the applicant or the City of La Quinta to modify the project, mitigating adverse acts before and EIR is prepared, thereby enabling the project to qualify for a mitigated negative declaration; To assist the preparation of an EIR, if one is required, by focusing the analysis on those issues that will be adversely impacted by the proposed project; To facilitate environmental review early in the design of the project; To provide documentation for the findings in a negative declaration that the project will not have a significant effect on the environment; To eliminate unnecessary environmental impact reports; and To determine whether a previously prepared EIR could be used with the project 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW On June 23, 1995, an application for approval of a retail building was submitted by Stonington Properties. The proposed project will be located north of State Highway 111, between Washington Street and Adams Street. Following this submittal, the City prepared an Initial Study, of which this addendum document is a part. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT The Initial Study for the proposed retail building indicates that there is a potential for adverse environmental impacts on some of the issue areas. Mitigation measures have been recommended to reduce potential impacts to insignificant levels. As a result, a negative declaration of environmental impact will be recommended for this project. An Environmental Impact Report (EIR) will not be necessary. SECTION 2. PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile city located in the southwestern portion of the Coachella Valley. The City is bounded by the City of Indian Wells on the west, City of Indio and Riverside County on the east, Riverside County on the north, and federal lands to the south. The City of La Quinta was incorporated in 1982. 2.2 PHYSICAL CHARACTERISTICS OF PROPOSED PROJECT The proposed development will consist of a 0.7660 acre development. The structure will feature an early California design consistent with the development standards of the City of La Quints. The proposed landscaping will be enhanced. The building will be a 6,525 square foot, one-story structure, 18 feet in height. 2.3 OPERATIONAL CHARACTERISTICS OF PROPOSED PROJECT The retail building will be made avavilable for tenant improvements. Access to the building will be from the commercial center parking lot which has direct access to Washington Street, Highway 111, and Adams Street. 4 2.4 OBJECTIVES OF PROPOSED PROJECT The objectives the applicant intend to accomplish with the operation of the proposed retail building is to operate a profit -making enterprise that will provide a new retail shops to residents of La Quinta and the surrounding area. Through the discretionary and environmental review process, the City Council will determine the nature and extent of benefits and costs (including environmental ) of the retail building to the City and surrounding area. The City, through this process, will strive to achieve the following objectives: (1) To promote development that will provide the City with maximum economic benefits (revenue and employment); and (2) To ensure that future development is responsible for contributing its' "fair share" in terms of infrastructure improvements and services required to mitigate potential adverse impacts. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project the government agency is the City Council for the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed building will require the following specific discretionary approvals from the La Quinta Planning Commission and La Quinta City Council: Approval of Commercial Plot Plan- The proposed project will be required to obtain commercial plot plan approval prior to submitting construction plans for building permits. The City of La Quinta will need to approve and certify the environmental review process for the project. 2.6 RELATED PROJECTS There are no related projects associated with this proposed project. The project is, however, within an existing commercial center containing both vacant pad sites and developed stores and restaurants. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the construction and subsequent operation of the proposed retail building. The fifteen CEQA issue areas evaluated in this Initial Study include the following: • Land Use and Planning • Population and Housing • Earth Resources • Water and Hydrology • Air Quality • Transportation/Circulation • Biological Resources • Energy/Mineral Resources • Risk of Upset/Human Health • Noise • Public Services • Utilities • Aesthetics • Cultural Resources • Recreation Under each issue, the environmental setting is discussed, including a description of conditions as they presently exist within the City and the area affected by the proposed development project. Then, a series of questions concerning the project's effects on the different environmental issues are listed. To each question, there are four possible responses: • No Impact. The proposed project will not have any measurable adverse environmental impacts. • Less Than Significant Impact. The proposed project will have the potential for impacting the environment, although this impact will be below thresholds that have been determined to be significant. • Potentially Significant Impact Unless Mitigated. The proposed project will have impacts which may exceed thresholds of significance, although mitigation measures or changes to the project will reduce these impacts to acceptable levels. • Potentially Significant Impact. The proposed project will have impacts which are considered significant and adverse and more detailed analysis is needed to identify mitigation measures that may reduce these impacts. Findings related to a statement of overriding considerations is a likely outcome of this review. Thresholds for significance are defined either by standards adopted by responsible or trustee agencies or by referring to criteria in CEQA (Appendix G). 3.1 LAND USE AND PLANNING Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, which is located approximately 150 miles southeast of Los Angeles and 90 miles west of the Colorado River. The valley is located in the eastern portion of Riverside County. The Coachella Valley is a part of the larger Colorado Desert and was formed by a depression of the valley floor, caused by faulting in its early geologic history. This depression created a natural trough between the surrounding mountain ranges which, throughout the ages, experienced episodic inundations of sea water and fresh water. The Salton Sea, which currently exists in the Salton Sink area of the valley, is the latest of several inundations. The valley is abundant with both plant and animal life and has topographical relief ranging from -237 feet below sea level to about 9,000 feet above sea level. The valley is surrounded by the San Jacinto, San Bernardino, Santa Rosa, and Orocopia mountains, and is bisected by the San Andreas fault. There is a average of 4 inches of rainfall annually, and summer temperatures reach into the low 100's (F); however, the valley has not always been this hot and dry. Approximately 500,000 years ago the entire area was under water as the Gulf of California over -extended this contemporary desert area. Local Environmental Setting The proposed project site is located in the City of La Quinta, which is in eastern Riverside County. The City is bounded by the City of Indian Wells to the west, City of Indio and Riverside County to the east, Riverside County to the north, and federal lands to the south. More particularly, the project site is located in the northern portion of the City on a 0.681 acre pad that is a part of a larger, previously approved, development project. The Assessor's Parcel Number is 646-080-002 (portion). To the south, across Highway 111, is an existing auto dealership ( Simon Motors). There is vacant land to the east of the center, a major arterial (Washington Street) adjacent to the west of the commercial center, and State Highway 111 adjacent to the south. The closest residential development is located approximately 1,000 feet to the southwest, and 2,500 feet to the north, of the project site. A. Would the project conflict with the general plan designation or zoning? No Impact. The site is zoned C-P-S (Scenic Highway Commercial) in the La Quinta Zoning Ordinance and is designated as Mixed/Regional Commercial (M/RC) in the La Quinta General Plan. The entire area adjacent on the north side of State Highway 111, between Washington Street and Jefferson Street, is designated as Mixed/Regional Commercial, with the C-P-S zoning. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over the proposed project. The primary environmental plans and policies related to development on site are identified in La Quinta's General Plan and the Master Environmental Assessment for the City. The project site is located within the La Quinta Redevelopment Area #2 which includes the majority of the northern section of the City. The redevelopment plan for the area relies upon the General Plan to indicate the location and extent of permitted development. As a result, the proposed project is not inconsistent with the adopted Redevelopment Plan. The development envisioned for this project will not exceed the development standards contained in the City of La Quinta General Plan and Zoning Ordinance. C. Would the project affect agricultural resources or operations (e.g. impact to souls or farmlands, or impacts from incompatible land uses)? No Impact. No agricultural lands are located on or near the site. The La Quinta General Plan does not contain an agricultural land use designation although there are remnant agricultural land uses extant in the southeastern portion of the City. There are no existing agricultural producing activities within or adjacent to the proposed project site. Thus, no impact on agricultural resources or operations will result from the proposed project. The project site was improved and graded in 1991, by T.D.C. during the course of development of the commercial center. (Sources: La Quinta General Plan; Zoning Ordinance; Site Survey) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? No Impact. The project site does not contain any residential use and the immediate areas is partially developed with commercial uses. The nearest residential uses are located approximately 1500 feet to the southwest and are separated by Washington Street, a major arterial. The proposed restaurant will not disrupt or divide this community. Other residential areas are located to the north and south of the project site. This proposal will not affect the physical arrangement of these neighborhoods (Sources: Site Survey; Proposed Site Plan) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U. S. Census, making it the second fastest growing city in the Coachella Valley. The number of city residents blossomed from 4,992 to 11, 215. La Quinta's share of the entire valley population increased from 3.7% in 1980 to 5.1% in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). 8 The City's population as of January 1994 is estimated by the State Department of Finance to be 16, 634 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has approximately 8,000 seasonal residents who spend three to six months in the City of La Quinta. It is estimated that 30% of all housing units in La Quinta are used by seasonal residents. The average occupancy is 2.5 persons per unit. The housing stock as of 1993 is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes, for a total of 8,483 units. ]Ethnicity information form the 1980 Census, for the area that is now the City of La Quinta, revealed that 80.8% of the La Quinta resident population as Caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1% as Asian, and . 5 % as Native American. The results of the 1990 Census show a mix of 70% Caucasian, 26% Hispanic, 1.6% Afro- American, 1.5% Asian, and 1.0% Native American. The most current information available on employment of La Quinta residents is from the 1990 Census. At that time, almost 57% of the La Quinta work force worked at white collar jobs, while 43.3% were in blue collar occupations. Among those in white collar jobs, 16.4% were professional/technical positions, 13.3% were in managerial positions, 14.0% were in clerical positions and 13.0% were in sales. For blue collar workers, 15.6% were in crafts, 4.1% were machine operators, assemblers, and inspectors, 14.2% were in service jobs, 3.8% were laborers, and 5.6% did farm work. Major employers in La Quinta include the La Quinta Hotel Golf & Tennis Resort, PGA West, Von's, Simon Motors, City of La Quinta, Wal-Mart, Albertson's, and Ralph's. For planning purposes, the Southern California Association of Governments has projected employment, housing, and population for cities that make up the SCAG region. A key objective of SCAG's Growth Management Plan is to achieve jobs/housing balance within each subregion that makes up the larger SCAG planning area. The ideal jobs/housing balance ratio, according to SCAG is 1.27 jobs for every housing unit in 1984 and 1.22 in the year 2010. Jobs -rich (housing -poor) regions have ratios greater than the regional average while housing -rich (job -poor) regions have ratios less than the regional average. Local Environmental Setting The project site is currently a vacant commercial pad, with no housing units located on site. The pad is located approximately in the mid -portion of the commercial center. The center is partially developed. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The proposed retail building will probably be finished into two individual tenant stores, according to the applicant. The future tenants are unknown at this time, thus it is not possible to predict the number of employees that will work in the building. The additional jobs will be beneficial in terms of improving the overall jobs/housing balance and the current levels of unemployment in the City. (Source: SLAG Growth Management Plan) 0 B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? No Impact. As indicated previously, the number of future employees is not known. The proposal is not anticipated to result in a substantial increase in the demand for new housing in the area. C. Would the project displace existing housing, especially affordable housing? No Impact. No existing residential units are located on the project site or in the immediate area. No public funds will be expended for this project that could otherwise be used to build housing. All financing of this project is coming from private (non-public) sources. The proposed project would not result in the displacement or removal of any existing housing units. (Sources: Site Survey; Proposed Site Plan) 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a relatively flat topography, except for the hillside areas on the southern portion of the City. The City has elevations of 1,400 feet above mean sea level (msl.) in the southern hillside area to a low of approximately 30 feet above msl in the northeastern section. Slopes on the valley areas of the City are gentle, with ranging from 0% to 10%, while hillside areas on the south and southwest have slopes of 10% or greater. The alluvial soils that make up most of the City are underlain by igneous - metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands in most areas. Local Environmental Setting The project area is generally urbanized. A review of historical aerial photographs indicates that the site has not been developed until recently, when the commercial center development began. According to the U.S.G.S. La Quinta 7 1/2 minute quadrangle, the site's elevation is 60 feet msl. Local relief is minimal, although the site seems to slope gently to the northeast. There is an inferred fault transecting the shopping center in a northwest to southeast tranding direction. However, there has been no recorded fault activity, thus there is a low probability for such activity. The City of La Quinta lies in a seismically active region of Southern California. Faults in the area include the San Andreas fault located several miles to the north, and two inferred faults transecting the southern section of the City. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? 10 Less Than Significant Impact. There are three inferred faults located within the City of La Quinta. These local faults are considered potentially active, although no activity has been recorded for the last 10,000 years. A major earthquake along any of these faults would be capable of generating seismic hazards and strong groundshaking effects in La Quinta. None of the faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. Thus, no known fault rupture hazard is present on site. (Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; City of La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismic ground shaking? Less Than Significant Impact. The proposed retail building site will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will bring people to the site who will be subject to hazards associated with groundshaking. The Riverside County Comprehensive General Plan indicates that the project site is within Groundshaking Zone IV. The proposed structure will be constructed pursuant to current seismic standards to reduce the risk of structural collapse (i.e., Uniform Building Code, etc.). C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed project is not anticipated to be subject to ground failure hazards from earthquake or other events. The La Quinta General Plan indicates that the project site is not within an identified liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the surface in these areas. D Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast section of the city (four miles from the project site), might experience some high wave activity as a result of an earthquake and grounshaking. However, the lake is not anticipated to affect the City of La Quinta in the event of a levee failure or seiche. There is nor anticipated hazard from the Coachella Valley Stormwater Channel (Whitewater River Channel). E Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The terrain within the project is level and no hazards associated with landslides will impact the project area. (Source: U.S.G.S. La Quinta 7 1/2 minute quadrangle; Site Survey) 11 F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading or fill? No Impact. The soils and geotechnical investigations of the site showed that the site is underlain by alluvial deposits of Pleistocene age. The soils on site consist of Coachella fine Sandy loam (CsA), Coachella fine Sand (CpA), and Myoma fine Sand (MaD). Th CsA soil is moderately alkaline and slightly calcareous, with a few scattered freshwater shells in association. CpA soil is found on alluvial fans and in flood plains. Freshwater shells are sometimes found in the soil profile for CpA. MaD soil is found on dunes and alluvial fans. Concha shells and oyster shell fragments are commonly found in this soil profile. For all three soils runoff is medium to slow, and erosion hazard is slight. These soils have a moderate to high blowsand hazard. Water capacity ranges between 3.5 to 15 inches. All of these soil types are suitable for the development of the proposed restaurant project. The proposed development will maintain the existing topography. No hazards associated with changes in topography and unstable soil conditions are expected from development on site. Compliance with the recommendations of geotechnical studies will ensure the structural integrity of development on the site. (Sources: U.S. D.A. Soil Conservation Service) G. Would the project result in or expose people to potential impacts involving subsidence of the land? No Impact. The site is not located in an area which is considered to have subsidence hazards, according to the La Quinta Master Environmental Assessment. Thus, no subsidence hazards to the proposed retail building are expected. Soil surveys undertaken on adjacent parcels indicated that, while standard engineering procedures should be followed, there does not appear to be any risk of subsidence associated with future development of the site. (Sources: La Quinta Master Environmental Assessment; Riverside County Comprehensive General Plan) H. Would the project result in or expose people to potential impacts involving expansive soils? No Impact. The underlying soils on the site do not have a high potential for expansion. Thus, construction of the project is not expected to be subject to expansive soils. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to approval of the building permit. (Sources: USDA Report and General Soils Map for the Coachella Valley) I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? 12 No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique geologic features in the La Quinta Area. These unique geologic and physical features are not located on or near the project site and will not be affected by the proposed project. (Sources: U.S.G.S. La Quinta Quadrangle; Proposed Site Plan) 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layers of rock material) and groundwater basins separated by bedrock or layers of soil that leap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater basin which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable water irrigation needs. Water is pumped from the under -ground aquifer via thirteen wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower Thermal Subarea of the groundwater basin. The Thermal subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection of State highway 111 and Washington Street, opposite the proposed project site. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal subarea which is available for use. Water pumped from the aquifer is treated to federal drinking water standards and distributed to users through the existing potable water distribution system. Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However., chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality in the area. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water at depths of 400 to 600 feet is considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella. Canal and stored in Lake Cahuilla; lakes in private developments which are comprised of canal water and/or untreated ground water; and the Whitewater River and it's tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids 13 (TDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta is participating in completing permitting requirements. Local Environmental Setting The project site does not have any standing surface water on or near it. The nearest stand of surface water is Lake Cahuilla, located several miles to the southeast of the project site. The Coachella Valley Stormwater channel is located approximately 200 feet north of the project site, but is dry except during seasonal storms. The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas, W-1).The intent of the zoning district is to allow development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Less Than Significant Impact. The proposed site plan for the project indicates that almost all of the facility will be paved, except for landscaped areas. This pavement will prevent ground absorption and result in additional storm runoff volumes from the site. The site does not serve as a recharge basin for groundwater resources. Storm water will be directed north to the Coachella Valley Stormwater Channel located behind the project site. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less Than Significant Impact. The site is within the X designated flood hazard area. The X zone includes those areas that are outside the 500-year flood plain. The project site is also outside of the 100-year flood plain. The site is protected by the Coachella Valley Stormwater Channel. An all-weather bridge on Washington Street spans the flood channel. (Source: La Quinta Master Environmental Assessment) C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less Then Significant Impact. Runoff on site will be directed into the Coachella Valley Stormwater Channel. There are no bodies of surface water on or adjacent to the project site. 14 D. Would the project result in changes in the amount of surface water in any water body? No Impact. Although an increase in runoff volume will occur, this increase is not expected to be a significant amount of surface water. The size of the project represents a very small portion of the drainage tributary area for the City. E. Would the project result in changes in currents, or the course or direction of water movements? No Impact. The City of La Quinta does not have any substantial bodies of water or rivers. The Coachella Valley Stormwater Channel is located north of the project site and will handle runoff water from the project and surrounding areas. The Coachella Valley Water District maintains this regional facility. F. Would the project result in changes in the quantity of ground waters, either through direct additions or withdrawal, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwater's and supplementary water brought in from the Colorado River. The anticipated water consumption will not substantially change the amount of groundwater pumped from local wells. G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The retail building will have no groundwater wells on site and excavation during construction will not be deep or widespread enough to intercept local aquifers. The water consumption anticipated from the proposed project is not expected to require substantial pumping of groundwater resources. Thus, no alteration in the direction or rate of flow of groundwater resources is expected. (Sources: Proposed Site Plan) H. Would the project result in impacts to groundwater quality? No Impact. The project site will be paved and ground absorption on site will be reduced. The storm runoff on site will be discharged into a city storm drain that will be directed to the Coachella Valley Stormwater Channel. A substantial portion of the proposed project site will be paved. Crankcase oil, hydrocarbons, and other particulate and liquid contaminates may be deposited on the parking lot pavement from the parked vehicles. Following a heavy rain, these materials could be transported into the nearby storm channel. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), is in the SEDAB which has a distinctly different air 15 pollution problem than the South Coast Air Basin (SCAB). The SEDAB is not classified as an extreme non -attainment area for ozone and therefore, the District has not changed the significance thresholds for the Coachella Valley from the 1987 version of the SCAQMD Handbook. A discussion of the jurisdictional organization and requirements is found in the La Quinta Master Environmental Assessment (1992). The air quality in the Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and Federal clean air standards established by California Air Resources Board and the U.S. Environmental Protection Agency are often exceeded. The South Coast Air Quality Management District (SCAQMD) is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air quality at over 32 monitoring stations in and around the Basin. According to the 1989 South Coast Air Quality Management Plan, the Southeast Desert Air Basin portion of the SCAQMD experiences poor air quality, but to a lesser extent than the South Coast Basin. Currently, the Southeast Desert Air Basin does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM-10 is frequently exceeded. PM-10 is particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity on construction sites, and by vehicles driving on unpaved roads, among other causes. Local ,Environmental Setting The City of La Quinta is located in the Coachella Valley, which has an arid climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due; to the presence of the surrounding mountains. Air Quality conditions are closely tied to the prevailing meteorology of the region. The City of La Quinta is subject to the SCAQMD Air Quality Management Plan (AQMP), a plan which describes measures designed to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City of La Quinta contains an Air Quality Element outlining mitigation measures as required by the Regional Air Quality Management Plan. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs and one in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area and has been collecting data for ozone and particulate since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulates and has been in operation since 1985. A. Would the project violate any air quality standard or contribute to an existing or projected air quality violation? Iri Less Than Significant Impact. There are no significant pollutants anticipated to result from the operation of the retail building use. There will be some pollutants as a result of vehicular traffic from patrons of the restaurant. The building will contain 6,525 square feet of space. Table 6.2 of the South Coast Air Quality Management District CEQA Air Quality Handbook indicates that potentially significant threshold for air quality impacts for a retail building (Commercial- Hardware Store) is set at 42,000 square feet or more of space. The proposed retail building is well under this threshold.Thus, there are no potential adverse air quality impacts of a significant level as a result of this project. B. Would the project expose sensitive receptors to pollutants? No Impact. Sensitive Receptor Land Uses include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. There are no sensitive receptor land uses adjacent or nearby the project site. Thus, there is no impact regarding this issue. (Source: La Quinta General Plan) C. Would the project alter air movements, moisture, or temperature, or cause any change in climate? No Impact. The proposed project will feature one structure. The total height of the building will be 18 feet. The pad will be covered by the building and the pedestrian walkway. The proposed structure is not large enough to create changes in air movements, moisture or temperature. (Source: Proposed Site Plan) D. Would the project create objectionable odors? No Impact. The proposed project will not be involved in activities which may create objectionable odors, such as waste hauling or the production of chemical products. Vehicles traveling on State Highway 111 generate gaseous and particular emissions that have odors and that may be noticeable on the project site. (Sources: Site Survey; Proposed. Site Plan) 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 16,000 permanent residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system serves development in four general areas, primarily single-family detached residential uses north of the Coachella Valley Stormwater Channel; golf course and gated single-family residential communities in the vicinity of the La Quinta Hotel; a mix of medium density single-family detached uses and office and retail uses in the Cove and 17 Village areas; and a mix of attached and detached single-family and golf course uses in PGA West, located south of Avenue 54. The La Quinta roadway system consists of State Highway 111, which runs east -west and divides the city north -south, major, primary and secondary arterial streets as well as a system of local and collector streets. Key roadways in the City include State Highway 111, Washington Street, Jefferson Street, Fred Waring Street, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late - winter, early -spring months representing the peak tourist season and highest traffic volume periods. High traffic volumes and out -dated geometrics contribute to the relatively high incidence of automobile accidents at the intersection of Washington Street and State Highway 111. Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One route along Washington Street connects the Cove and Village areas with the community of Palm Desert to the west of the City. Two lines operate along State Highway I I I serving trips between La Quinta and other communities in the Coachella Valley. There are some existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems are to be developed as the city grows. Local Environmental Setting The proposed project is located east of the intersection of State Highway 111 and Washington Street and west of Adams Street. Parcels along State Highway 111 consist of developed and undeveloped land. An auto dealership is located to the southeast. Immediately to the south, there are vacant parcels; farther south there is residential development. To the west of the project site, is Washington Street; farther southwest is the Point Happy ranch, a historic point in the City, and residential development. Adjacent to the north is the Coachella Valley Stormwater Channel (Whitewater River). In previous studies of potential traffic and circulation impacts, various segments of Washington Street were forecasted to carry extremely high volumes of traffic in the future. It was estimated that over 55,000 vehicles per day would travel on Washington Street south of I-10 Freeway. It was determined that if these projected increases were to occur, Washington Street would require a minimum of six lanes of travel and intensive Transportation System Management (TSM) applications to provide an acceptable level of service. The Washington Street/Highway I I I intersection is projected to be most severely and immediately impacted by increases in traffic. A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. The proposed project is forecasted to generate a daily average two-way traffic volume of 500 trips. The A.M. Generated Peak Hour Total trips 18 is 10, and the P.M. Generated Peak Hour Total is 350 trips. The Coachella Valley Association of Governments (CVAG) prepared a Regional Arterial Program (RAP) in response to the Riverside County Congestion Management Plan (CMP) which serves as the mitigation program for the Washington Street and Highway 111 intersection. The Regional Arterial Program studied the worst case build -out scenario for the area around the intersection. Other traffic studies have been prepared for more intense projects proposed for the retail project site. In these cases, mitigation for traffic impacts was contained in the RAP. The proposed retail building is a less intense land use, thus there will be less adverse impacts that previous projects for this site which were to be satisfactorily mitigated by the requirements of the RAP. Mitigation for the retail building will be satisfied by the RAP requirements. B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. The proposed retail building will not include any new roadways or any modification to existing roadways. C. Would the project result in inadequate emergency access or access to nearby uses? No Impact. The proposed project will not obstruct emergency access to surrounding land uses. (Source: Project Site Plan) D. Would the project result in insufficient parking capacity on -site or off -site? No Impact. Parking needs for this project were determined by staff with 30 spaces provided .for parking. E. Would the project result in hazards or barriers for pedestrians or bicyclists? Less Than Significant Impact. The entire length of Washington Street, within the City of La Quinta, is a designated bicycle corridor. The north bank of the Coachella Valley Stormwater Channel (Whitewater River) is also a designated bikeway corridor. The south side of the intersection of Washington Street and State Highway 111 has a designated pedestrian crosswalk controlled by traffic signalization. Currently, the number of pedestrians and bicyclists in the immediate area appears to be moderate. Occasionally, bicyclists are observed crossing the highway along Washington street going north. The greatest potential for pedestrian/bicycle accidents will involve traffic on Washington Street. (Source: Site Survey) K7 F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. Bike racks will be provided by T.D.C., the master developer, when additional development occurs in the center. G. Would the project result in rail, waterborne or air traffic impacts? No Impact. There are no railroad tracks, navigable rivers or waterways, or air travel lanes within the City of La Quinta, thus, there will be no adverse impacts. (Source: U. S. G.S. La Quinta Quadrangle; Site Survey) 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed environments within the City are classified as urban and agricultural. A discussion of these ecosystems is found in the La Quinta Master Environmental Assessment (1992). Local Environmental Setting The project site is located in the Sonoran Desert Scrub ecosystem. Typically undeveloped land within this ecosystem is rich in biological resources and habitat. The Sonoran Desert Scrub ecosystem is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water uses, go dormant (luring periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw upon water from considerable depths. The major variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. Dominant plants include: Creosote bush (Larrea tridentata) Bur -sage (Ambrosia dumosa) Ocotillo (Fouquieria splendens) Barrel Cactus (Ferocactus acanthodes) Jumping cholla (Opuntia bigelovii) Smoke -tree (Dalea spinosa) Mesquite (Prosopis glandulosa) Four -wing saltbush (Atriplex canescens) Agave (Agave deserti) Desert lavender (Hyptis emoryi) The Sonoran Scrub areas are considered habitat for a number of small mammals. These animaIs escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rats are all common rodent species in the Sonoran Desert. The black - tailed hare is a typical mammal. Predator species include kit fox, coyote, and mountain 20 lion in the higher elevations. The largest mammal species found in this area is the Peninsular Big Horn Sheep which is found at the higher elevations of the Santa Rosa and San Jacinto Mountain ranges. Birds and amphibians/reptiles can also be found in the Sonoran Scrub area. The project pad site is vacant, and was disturbed by grading activities that were part of the commercial center development. There is sparse vegetation extant on the project site. The La Quinta Master Environmental Assessment indicates that the property is located within the biological habitats of the Coachella Valley Fringe Toed Lizard and the Coachella Giant Sand Treader Cricket. These wildlife species are listed as either endangered or threatened. The Coachella Valley Fringe Toed Lizard has been listed as endangered by the California Fish and (Jame Commission and a threatened by the US Fish and Wildlife Service since 1980. The species is highly adapted to loose, windblown sand and is able to rapidly run over the sand. The mapped description of the lizard's habitat includes the sand dunes north of Avenue 50. To mitigate the loss of the lizard's habitat due to development, there is a development fee which is used to acquire and maintain habitat areas in a Habitat Conservation Preserve near Thousand Palms. The City of La Quinta participates in this fee program as mitigation for habitat loss. The project applicant has paid the mitigation fee. There is no existing mitigation fee or program for the Sand Treader Cricket. This species is considered endangered to extremely endangered and is therefore a Species of Special Concern for the California Department of Fish and Game. It is a Category 2 Candidate for Federal listing, meaning that existing information indicates the species may warrant listing, but substantial biological information to support the ruling is lacking. The cricket is commonly found on the wind-swept sand dune ridges, although habitat includes areas where springs have kept the sand damp. These crickets have been observed in the northeast portion of the City. No special studies have been done in this area, and as noted previously, the site has been disturbed. A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? Potentially Significant Unless Mitigated. The project site is within the designated habitat of the Coachella Valley Fringe Toed Lizard. However, the mitigation fee has been paid. Currently, there is no required mitigation for the Coachella Giant Sand Treader Cricket. B. Would the project result in impacts to locally designated species (e.g. heritage trees)? 21 No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and dame or the U.S. Fish and Wildlife Service. (Sources: La Quinta MEA; Site Survey) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? . No Impact. There are no locally designated natural communities found on or near the project site. The surrounding parcels are developed with structures or roadways. The project site has been disturbed in the recent past, due to construction of the commercial center, thus there are no existing biological resources of local significance on the property. (Source: La Quinta MEA; Site Survey) D. Would the project result in impacts to wetland habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There are no wetlands, marshes, riparian communities, or vernal pools on the proposed project site or nearby. Thus, there is no impact to these issue areas. (Source: La Quinta MEA; Site Survey) E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. The immediate area to the east and west of the proposed project site is developed with commercial buildings and a parking lot to the immediate south. There are no known, wildlife corridors within this project area. (Source: La Quinta MEA) 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in the City come from the energy sources of the Imperial Irrigation District, the Southern California. Gas Company, and gasoline companies. Local ,Environmental Setting There are no oil wells or other fuel or energy producing resources on the proposed project site. While the pad site is undeveloped, it is not a source of soil or gravel resources due to its limited size. The property is located within MRZ-1, a designation for those areas where adequate information indicates that no significant mineral deposits are present or where it is judged that little likelihood exists for their presence. 22 A. \Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management ordinance in place that focuses on the conservation of fuel. The proposed retail building will be required to meet Title 24 energy requirements in its construction. No other mitigation is required for this issue. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less Then Significant Impact. Natural resources that may be used by this project include air, mineral, water, sand and gravel, timber, energy, and other resources needed for construction. The size of the proposed retail building indicates that resources needed for construction are not going to be significant. Operation of the project will increase the demand for energy but the building is not expected to consume energy or resources in a wasteful manner. Lighting for security will be minimal. The project will be required to comply with Title 24 requirements related to energy conservation. Any landscaping will also be required to comply with the landscape water conservation ordinance requirements as well as requirements of the Coachella Valley Water District. 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not located in La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County, although transportation of such materials out of and around La Quinta takes place. Local Environmental Setting In order to comply with AB 2948, "Hazardous Waste: Management Plans and Facility Siting Procedures", the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The project site has not been used for manufacturing uses in the past. However, the site is located near a major arterial and a state highway, both impacted by frequent high traffic volumes. 23 A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Less The Significant Impact. Detergents and cleaners will be used in the maintenance of the proposed building. The applicant will be required to comply with all applicable OSHA and EPA regulations, as well as those of the Riverside County Health Department. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? Less Than Significant Impact. Construction activities will be confined to the site and on site operations will not interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. (Source: Proposed Site Plan) C. Would the project involve the creation of any health hazard or potential health hazards? Less Than Significant Impact. The proposed project shall comply with health and safety regulations for work place conditions, including training personnel in safety procedures. Potential hazards will be reduced if these regulations are followed. D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no existing health hazards on site. The proposed retail building is not expected to create any health hazard. The project will be required to conform to zoning standards, and all applicable health and safety codes. (Sources: Site Survey) 3.10 NOISE Regional Environmental Setting Noise levels in the City of La Quinta are created by a variety of sources in and near the City. The major sources include vehicular noise on City streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterials in the City. Local Environmental Setting The ambient noise level at the proposed project site is dominated by vehicle traffic noise from State Highway 111. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use to the project site is approximately 1750 feet southwest, across Washington Street. This is the location of the Point Happy Ranch, on which there 24 are several houses. Other residential areas near the project site are located approximately 3,500 feet south of the project (Lake La Quinta), and approximately 2,400 feet north (Inco Homes) across the Coachella Valley Stormwater Channel. These residential areas are distant enough from the project that there is no anticipated impact due to noise. A. Would the project result in increases in existing noise levels? Less Than Significant Impact. The increase in vehicle noise at the surrounding street system is not expected to create any discernible increase in the existing noise levels. Mechanical equipment will be enclosed so that any operational noise detectable outside of the building should be reduced to insignificant levels. Staff has determined that the proposed project is most compatible with Retail Commercial, Theaters, and Restaurant land uses, as provided for in Table 6.3 - The Land Use Community Noise Equivalent Levels (CNEL) table in the LaQuinta MEA indicates that retail commercial, theaters, and restaurant land uses can have a noise level of up to 75 CNEL value. Up to 65 CNEL is clearly acceptable and up to 75 CNEL is normally acceptable. In order for the to have a less than significant noise impact, the operational noise levels will not be able to exceed 75 CNEL. Construction materials and structural design must take noise containment and reduction into account for this project. B. Would the project result in exposure of people to severe noise levels? No Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Commercial areas should have a maximum exterior noise levels of up to 75 CNEL from 7 a.m. to 10 p.m. If the ambient noise level is higher than these standards, then it will serve as the standard. The proposed project may result in short-term noise impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. No impacts will be created because all activities will be inside the proposed building. (Source: La Quinta General Plan) 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff Department. The Sheriff Department extends service to the City from existing facilities located in the City of Indio. The Sheriff Department utilizes a planning standard of 1.5 deputies/1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City is currently underserved. 25 Fire protection service is provided in the City by Riverside County Fire Department. The Fire Department administers two stations in the City; Station #32 on Avenue 52 west of Washington Street, and Station #70 at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review and construction inspections. Lased upon a planning standard of one paid firemen/1,000 population, the City is currently under -served. The Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. However, no time period has been set for the construction of this new facility. Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside areas are barren and scattered brush on the valley floor is too sparse to pose a serious fire hazard. Desert Sands Unified School District and the Coachella Valley Unified School District serve the City of La Quinta. There is one elementary school, one junior high school, and one high school within the City. The City is also within the College of the Desert Community College District. Library services in La Quinta are provided by the Riverside County Library System with a branch library located in the Village area of the City. The existing facility opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. The County utilizes unadopted planning standards of 0.5 square feet per capita and 1.2 volumes per capita to forecast future facility requirements to serve the City. Utilizing this standard, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center. The Eisenhower Immediate Care Facility is a satellite clinic of Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of'health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental Setting The nearest fire station to the project site is Station #32 located approximately 3 miles south. Governmental services in La Quinta are provided by city staff at the Civic Center and by other county, state, and federal agency offices in the desert area. The project is serviced by Adams -Truman Elementary School, La Quinta Middle School, and La Quinta High School. A. Would the project have an effect upon, or result in a need for new or altered governmental services in relation to fire protection? 26 Less Than Significant Impact. The proposed project will increase fire protection requirements due to the construction of a building on the vacant pad. The project must comply with fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazards on -site and to minimise the need for fire protection services. Fire flows of 1250 gpm at 20 psi for 2 hours will be needed. Unobstructed fire access will also be needed to facilitate Fire Department response. Other code requirements (such as emergency exits, alarm and sprinkler systems, construction materials, etc.) will be required. A supervised waterflow fire alarm system as required by the Uniform Building Code/Riverside County Fire Department and National Fire Protection Association Standard 71 will be required. (Source: Riverside County Fire Department) B. VW'ould the project have an effect upon, or result in a need for new or altered government services in relation to police protection? Less Than Significant Impact. The Riverside County Sheriff's Department was given the opportunity to review and comment on the proposed project. It is not anticipated that there will be any significant adverse impact upon police protection services from the proposed retail building. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less Then Significant Impact. The 6,525 square foot retail building is anticipated to have approximately 15 to 20 employees. Indirect student generation due to increased demand for housing in the area is estimated to generate .57 students (at 0.0001145013 student per square foot). School impact fees will reduce potential impacts to the Desert Sands Unified School District. (Source: Desert Sands Unified School District) D. W'ould the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Then Significant Impact. The project site is currently served by existing infrastructure, including public roadways such as Washington Street, Adams Street, and State Highway 111. The proposed project will not require new or altered government services for the maintenance of roadways and other public facilities. (Source: Site Survey; Proposed Site Plan) E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? 27 Less Then Significant Impact. Building, engineering, planning, and inspection services needed for the project will be offset by permit fees charged to the project applicant. The retail building will generate sales tax revenue for the City which will be used to pay the costs of governmental and City services incurred. (Source: Project application information) 3.12 UTILITIES Regional Environmental Setting The City of La Quinta is served by the Imperial Irrigation District (IDS) for power supply and the Southern California Gas Company (SC.) for natural gas service. Existing power and gas lines and substations are found throughout the City. 11D has four substations in La Quinta, with electricity generated by a steam plant in El Centro and hydro electric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services in the City. Colony Cablevision serves the City of La Quinta with cable television service. The Coachella Valley Water District (CVWD) provides water service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from 13 wells located throughout the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the City. There is an existing well directly behind the project pad site. Sanitary sewage is also collected and treated by the CVWD. The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City of La Quinta is served by Waste Management of the Desert for solid waste disposal. Non -hazardous, mixed municipal solid waste is transported to three landfills within the Coachella Valley. Local Environmental Setting There are natural gas lines located along the south side of State Highway 111. A sanitary sewer force main is located along the west side of Washington Street. A water trunk line runs along Washington Street, west of the project site. Storm water runoff from the project site is directed north to the Coachella Valley Stormwater Channel (Whitewater River). (Source: La Quinta General Plan) A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Then Significant Impact. Power and gas lines were brought to the project site when the commercial center was developed. The proposed development will require electric power services. Consumption factors are not known at this time. It is not anticipated that the project will require a significant level of electricity or natural gas to 28 result in the need for new systems or alterations to existing systems. The project applicant will have to coordinate with IID and SCG for the timely provisions of power and natural gas services. B. Would the project result in a need for new systems, or substantial alterations to communication systems? Less Than Significant Impact. The project will require telephone services from GTE. Coordination with GTE will prevent any impact on communication systems. (Source: Proposed Site Plan) C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less Then Significant Impact. The proposed project will require water services. It is not anticipated that there will be a significant adverse impact upon the water resources or water system in the City. Water lines exist within the commercial center and will be readily accessible to the applicant for this project. D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? Less Then Significant Impact. The proposed retail building will generate sewage which will have to be processed by the CVWD sewage treatment facility. Sewer lines were brought in to the commercial center when it was developed, and will be available for the restaurant. (Source: Application Materials) E. Would the project result in a need for new systems, or substantial alterations to storm water drainage? Less Then Significant Impact. The project site is currently vacant with paved parking. The development of the retail building will lead to the paving of the site. Thus, stormwater runoff will to be directed into the existing storm drain, which is the Coachella Valley Stormwater Channel, located north of the project site. Due to the relatively small size of the project site in comparison to the drainage tributary area of the storm drain system in the area, the runoff volume from the site is not expected to represent a significant amount of the runoff handled by existing drains. (Source: Proposed Site Plan) F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less Than Significant Impact. The proposed project will require solid waste disposal services from Waste Management of the Desert. Solid waste from the site may be transported to the existing landfills in the Coachella Valley. The project must comply with the City's Source Reduction and Recycling policies. On site programs will need to be coordinated with Waste Management, and the commercial center management. 29 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove, with hillsides on the west and south. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Local Environmental Setting The project site is located in a commercial corridor along State Highway 111. Existing commercial structures in the corridor cannot exceed 50 feet in height. Most commercial buildings nearby have neutral, soft -toned desert colors, with wall -mounted identification signs below roof -lines or monument signs close to the ground. Views from the site include the San Bernardino Mountains to the far north, the Santa Rosa and Coral Reef Mountains to the south, and the cove residential development also to the southwest. A. Would the project affect a scenic vista or scenic highway? Less Than Significant Impact. State Highway 11 I and Washington Street are designated as Primary Image Corridors on the La Quinta General Plan. The La Quinta MEA indicates that the project site is within Distinctive Viewshed No. 3 with high sensitivity for impact. Distinctive viewsheds are identified through their close proximity (within 2 miles) to elevational high points and exhibit a high visual sensitivity. View Point #3 is located north of the Coachella Valley Stormwater Channel, the 90 degree viewshed of attractive views and 270 degree viewshed of common views creates a combined low level of visual sensitivity. The immediate surroundings of the project site include both developed parcels and vacant parcels. Thus, the vista has already been impacted by previous development. State Highway 111 is a designated scenic highway. The zoning designation for the commercial corridor along the highway is Scenic Commercial (CPS). This designation requires an enhanced architectural standard for development, and an enhanced landscaping standard. B. Would the project have a demonstrable negative aesthetic effect? Less Than Significant Impact. While building plans have not been finalized, the proposed retail building will be designed as a one -component structure with architectural design compatible to the existing buildings in the center. The Spanish -Mediterranean style is prominent in the desert areas and is considered aesthetically pleasing. (Source: Proposed Site Plan) C. Would the project create light or glare? 30 Less Than Significant Impact. The proposed retail building will most likely be divided into two tenant improvement shops. Exterior lights will be provided. Illuminated signage for the facility is proposed. There will be exterior security lighting recessed under the pedestrian arcade in the front of the building. All lighting will be required to comply with the Dark Sky Ordinance that requires shielding and down-casted lighting of low-level wattage. No adverse impacts are anticipated from the proposed lighting and signage requests. (Source: Proposed Site Plan) 3.14 CULTURAL RESOURCES Regional Environmental Setting The history of the City of La Quinta extends back to an era when much of the Coachella Valley was inundated by ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were people who had migrated across the Bering Strait more than 20,000 years ago. As their migration progressed, they passed through the Colorado Desert on their way to Central America where the Inca and Mayan civilizations were founded. As time passed, the Coachella Valley became the home of a band of people that have come to be known as the Cahuilla Indians. The Cahuilla followed a hunting and gathering life style as they lived along the ancient lakeshore and cove areas in the Valley. The archaeological record, as it is known today, extends back almost 6,000 years. The Cahuilla were divided into three geographic areas of the Valley: Western or Pass Cahuilla within Agua Caliente (Palm Spring area), Desert Cahuilla (from Palm Springs east to the Salton Sea), and the Mountain Cahuilla (south of San Jacinto Peak in the Santa Rosa Mountains). Travel across boundaries to exploit seasonal resources for ceremonial purposes was a part of their annual cycle. Alfred Kroeber estimated that the original population (2500 individuals) had been reduced to about 750 by 1923. The most likely locations of prehistoric cultural resources in La Quinta are along the foot of the Santa Rosa and Coral Reef Mountains. However, with recent development in the northern portion of the City, a number of archaeological sites have been located with subsurface deposits being found at depths of 10 to 13 feet. These resources are likely associated with the availability of water and food resources. Temporary campsites can be found near game trails, springs, mesquite groves, grass stands, bedrock outcrops near food or water resources, marshy areas, or along the ancient lake shore. Isolated milling features, sparse lithic scatters, and isolated pottery scatters can be found almost anywhere in the City. In 1540, the first European explorer, Captain Hernando de Alarcon, entered Southern California at the Yuma crossing, which is located to the southeast of La Quinta. Approximately 100 years later, Spanish missionaries visited the area. A trail was established by the Cocomaricopa Indians across the Valley in 1821 as they carried mail through the San Gorgonio Pass between Tucson and Mission San Gabriel. 31 White settlement in the Valley did not occur to any degree until the transcontinental railroad was constructed. The construction of the railroad brought with it the technology to drill water wells deep enough to sustain settlement in the Valley. The Bradshaw Road brought in settlers and freight both before and after the construction of the railroad. The Coachella. Valley was the site of the most popular immigration route to the Southwest via the Southern Immigrant Trail. The Bradshaw Trail route passed through the Valley until 1915 when a graded gravel road was developed for automobile travel. The settling of the La Quinta has been chronicled by the La Quinta Historical Society in several publications. There are 13 historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's which lead to incorporation of the City of La Quinta in 1982. The City has grown from a population of approximately 5,400 in 1982 to over 16,000 in 1994. The incorporated boundaries of the City presently include over 31 square miles of land. The City has a recently formed Historic Preservation Commission, the purview of which includes cultural and historical resources. Local Environmental Setting The project site is located near the most prominent intersection on the City. To the southwest of the intersection of Washington Street and Highway 111, is a designated historic structure, Point Happy Ranch. The ranch includes an old California style house, with a guest house and a workers village that date circa 1930. The ranch was a Deglet Noor date farm that became known for improving methods of pollinating dates. Prehistoric sites are also reported on the ranch. Prehistoric archaeological sites are numerous within a two-mile radius of the project site. The project site has been subjected to rough grading when the commercial center was initally developed. Archaeological resources were located during the development of the center. The appropriate mitigation was afforded those resources. However, it is possible that additional subsurface cultural deposits could exist. There is no existing evidence of any archaeological resources on the pad site. However, there could be subsurface cultural deposits A. Would the project disturb paleontological resources? Less Then Significant Impact. No significant paleontological resources have been found in the near vicinity of the project site. The project site is not located within an area that is considered to have a high sensitivity for paleontological resources and no paleontological resources are expected to be present on site. (Source: Site Survey; La Quinta MEA) B. Would the project disturb archaeological resources? 32 Less Then Significant Impact. There are numerous recorded archaeological sites within a one and two mile radius of the project site. It is possible that there are subsurface cultural deposits on the property. The property has been previously surveyed for surface indications of cultural deposits and a report filed with the Eastern Information Center at the University of California at Riverside ( Report # 2201). No sites were recorded during this survey. However, a large recorded archaeological site (Cal-Riv-150) is located near the project site. The monitoring of all earth -disturbing activities and trenching, including off -site improvements, will be required due to the project's location relative to recorded archaeological sites in the very near vicinity. The monitoring shall be done by a professional archaeologist acceptable to the Community Development Department, following accepted professional standards and the policies of the City of La Quinta . C. Would the project affect historical resources? No Impact. The project site is vacant and does not contain any historical structures. Thus, the construction of the proposed project will not affect historical resources in the City. (Source: La Quinta General Plan) D. Would the project have the potential to cause a physical change which would affect unique ethnic cultural values? No Impact. The project site does not represent an ethnic cultural value and development of the proposed building will not affect any ethnic cultural value. (Source: Site Survey; La Quinta MEA) E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no religious uses or sacred uses on the site which may be affected by the proposed building. There are no churches within 500 feet of the proposed site. (Source: Site Survey) 3.15 RECREATION Environmental Setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assesses the existing resources and facilities and the future needs of the City. The City contains approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845.0 acre regional Lake Cahuilla County Park is not included in this count. There are also bike paths within the City and designated pedestrian hiking trails. 33 Local Environmental Setting The project site is vacant and does not provide recreational services or contain a recreational facility. The nearest park, Palm Royale Park, is just less than a mile northeast of the project site. The La Quinta High School is located at the southeast comer of the intersection of Adams Street and Westward Ho Drive, northeast of the project site. Recreation opportunities are made available to the public at the high school. In addition, the La Quinta Golf School is located north of the high school. This is a privately -owned facility open to the public. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? No Impact. The construction and operation of the retail building will result in approximately 20 employees on site. These employees are not expected to utilize parks in the area to a level that results in any detectable adverse impact. (Source: Application Materials) B. Would the project affect existing recreational opportunities? No Impact. The proposed retail building will not replace nor provide a recreational opportunity in the City. The operation of the facility will have no effect on the existing or future recreational opportunities on La Quinta. (Source: Application Materials; Proposed Site Plan) SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The Initial Study for the proposed retail building indicates that the project will not have potential significant adverse impacts on the environmental issues addressed in the checklist. One of the issue areas could have a potential significant impact if appropriate mitigation measures are not implemented. This issue area is that of seismic ground shaking. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this environmental assessment: The proposed retail building will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. The proposed retail building will not have the potential to achieve short term goals to the disadvantage of long-term environmental goals, with the successful implementation of mitigation. The proposed retail building will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. 34 The proposed retail building will not have environmental effects that will adversely affect human, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSES A. Earlier Analyses Used. On January 19, 1990, the staff of the City of La Quinta Planning Department prepared an Initial Study (EA 89-150) for the then proposed One Eleven La Quinta Center (Specific Plan 89-014 and Plot Plan 90-434). This document took into consideration all of the environmental issues on the Environmental Checklist Form, in compliance with CEQA. This Envioonmental Assessment is available for review in the Community Development Department of the City of La Quinta. Initial Study (EA 94-290) was prepared for the proposed Shangri La Oriental Restaurant (Commercial Plot Plan 94-545). The restaurant is located within the One Eleven La Quinta Shopping Center. A Mitigated Negative Declaration of Environmental Impact was certified by the City Council. B. Impacts Adequately Addressed. All of the effects identified in this EA were within the scope of EA 89-150 and subsequent EA's prepared for individuals projects within the shopping center. These issues were adequately analyzed by the earlier documents. EA 89-150 was certified by the City Council in 1990. Subsequent EA's for proposed projects within the shopping center were prepared in 1992, 1993, 1994, and 1995. All of these documents were certified as Mitigated Negative Declarations of Environemntal Impact. C. Mitigation Measures. There is only one effect that is identified as "potentially significant unless mitigated" in this EA, and that is Biological Resources. Question 3.7.a asks whether endangered, threatened, or rare species or their habitats would be impacts. The Master Environmental Assessment for the City of La Quinta identifies the project area as within the habitats of the Coachella Giant Sand Treader Cricket and the Coachella Valley Fringe Toed Lizard. The previous document identified the lizard, but not the cricket. Mitigation for the lizard was included in the Conditions of Approval of the One Eleven La Quinta Center. 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COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 •LA QUINTA, CALIFORNIA 92253.1080 TELEPHONE (619) 398-5811 • FAX (619) 398.5848 IIDPD-DDC June 28, 1995 Mr. Stan Sawa, Principal Planner ` City of La Quinta J U L 9 0 ic, ` P. O. Box 1504 La Quinta, CA 92253 Re: PI' 95-559, Stonington Properties Located on the North Side of Highway 111, East of Simon Drive Dear Mr. Sawa: Review of the plans for Stonington Properties has concluded it will impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on Imperial Irrigation District's (IID's) system. These demands impact existing facilities at peak loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. This added demand may also directly affect power rates in the IID's service area, possibly resulting in higher electric rates in future years. A Developer's Information Letter is enclosed which specifies IID's electrical requirements. Please pass this information along to the applicant. Thanks for the opportunity to provide input. If you should have any comments or concerns, please contact me at (619) 398-5818 or John Salas at 398-5834. Sincerely, THOMAS F. LYONS, JR., P. E. Senior Engineer Enclosure rg r.� COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 •LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398-5811 • FAX (619) 398.5848 DEVELOPER'S INFORMATION LETTER (Effective September 15, 1994) As an Owner, Developer or Contractor involved in today's new residential and/or commercial developments, you are well aware of how timing can make the difference between the success or failure of any project. The importance of establishing and adhering to realistic construction schedules is equally as important to the success of that project, as is project funding. With current and projected demands for residential and commercial units within the service area of the Imperial Irrigation District (District), Developers establish a comprehensive development plan for the successful marketing of their project. The District, likewise, in order to provide electrical service in a timely manner to various projects, must also set schedules to keep pace with the demands for services. In that regard, the following information is provided as a guide to assist the Owner, Developer or Contractor in the planning and scheduling of his/her project(s). All of the general and specific requirements set forth in the "Project Service Schedule" must be followed in the sequence listed, therein. When underground facilities are to be included, the District will provide a complete set of underground duct, vault, transformer pad and riser pole system installation drawings and associated specifications for each project or project phase. It is the responsibility of the Owner(s), Developer(s) or Contractor to provide and install the underground conduit and vault system complete, at the Owner's, Developer's or Contractor's expense, to and including any street lighting systems required by and approved by the City or County agency having jurisdiction in the project area. Lighting systems must be approved in advance of installation by both the County and the District within a County Service Area (CSA), and shall be designed by and included with the District's underground power system drawings. The District will provide an Underground Power Inspector during the actual installation of conduit and vault systems. Any request for inspections on a project must be scheduled with the District 48 hours prior to actual need. Failure on the part of the Owner(s), Developer(s) or Contractor, to schedule and/or obtain an inspection and approval for any portion of the lighting or underground power systems, may result in the total rejection of the newly installed systems. Developer's Letter -2- September 15, 1994 It is the responsibility of the Owner(s), Developer(s) or Contractor to supply and maintain all necessary safeguards and to insure a safe working environment during and after the construction and/or installation of the underground power system. It is the District's policy to occupy and energize only those portions of the system for which a written service request has been made and all line extension charges and connect fees have been paid. Only those portions of the system which are actually occupied and energized by the District will be released from the Owner's or Applicant's responsibility. The Owner(s) or Developer(s) shall continue to be responsible for the maintenance, repairs, safety, corrections, and the liability for the balance of the unoccupied and unenergized portions of the power system, until such time that the District takes possession. Any portion of an existing underground system installed in advance of service needs by the Owner(s) or Developer(s), but not occupied and energized by the District, shall require a full and complete reinspection. The District will not establish construction and/or cable installation schedules in advance of this requirement. Upon completion of the duct and vault system and acceptance of the installation as meeting the District's standards for installation conformance only, the Owner(s) or Applicant will transfer an unencumbered ownership of all such facilities, except conduits, vaults and enclosures that are on, within or a part of a building or structure, or that are not occupied and energized by the District. During the initial review of any project, the District may determine that special service conditions exist due to one or more of the following conditions: 1. Determined by the District that existing distribution and/or transmission facilities do not have the capacity to serve said project. 2. Special or additional right-of-ways or easements may be required to serve said project. 3. Special voltage and/or load demands could be imposed on existing facilities by the project. In which case the Owner(s), Developer(s) or Applicant would be required to: 1. Provide a two -acre substation site at a location determined by the District. 2. Provide any additional right-of-ways or easements that the District determines will be necessary to provide electrical service to said project. Developer's Letter -2- September 15, 1994 It is the responsibility of the Owner(s), Developer(s) or Contractor to supply and maintain all necessary safeguards and to insure a safe working environment during and after the construction and/or installation of the underground power system. It is the District's policy to occupy and energize only those portions of the system for which a written service request has been made and all line extension charges and connect fees have been paid. Only those portions of the system which are actually occupied and energized by the District will be released from the Owner's or Applicant's responsibility. The Owner(s) or Developer(s) shall continue to be responsible for the maintenance, repairs, safety, corrections, and the liability for the balance of the unoccupied and unenergized portions of the power system, until such time that the District takes possession. Any portion of an existing underground system installed in advance of service needs by the Owner(s) or Developer(s), but not occupied and energized by the District, shall require a full and complete reinspection. The District will not establish construction and/or cable installation schedules in advance of this requirement. Upon completion of the duct and vault system and acceptance of the installation as meeting the District's standards for installation conformance only, the Owner(s) or Applicant will transfer an unencumbered ownership of all such facilities, except conduits, vaults and enclosures that are on, within or a part of a building or structure, or that are not occupied and energized by the District. During the initial review of any project, the District may determine that special service conditions exist due to one or more of the following conditions: 1. Determined by the District that existing distribution and/or transmission facilities do not have the capacity to serve said project. 2. Special or additional right-of-ways or easements may be required to serve said project. 3. Special voltage and/or load demands could be imposed on existing facilities by the project. In which case the Owner(s), Developer(s) or Applicant would be required to: 1. Provide a two -acre substation site at a location determined by the District. 2. Provide any additional right-of-ways or easements that the District determines will be necessary to provide electrical service to said project. MPtR A[ i��icfllioN oisl�icl COACHELLA VALLEY POWER DIVISION 81.600 AVENUE 58 • P.O.BOX 1080 •LA QUINTA, CALIFORNIA 92253.1080 TELEPHONE (619) 398-5811 • FAX (619) 398.5848 DEVELOPER'S INFORMATION LETTER (Effective September 15, 1994) As an Owner, Developer or Contractor involved in today's new residential and/or commercial developments, you are well aware of haw timing can make the difference between the success or failure of any project. The importance of establishing and adhering to realistic construction schedules is equally as important to the success of that project, as is project funding. With current and projected demands for residential and commercial units within the service area of the Imperial Irrigation District (District), Developers establish a comprehensive development plan for the successful marketing of their project. The District, likewise, in order to provide electrical service in a timely manner to various projects, must also set schedules to keep pace with the demands for services. In that regard, the following information is provided as a guide to assist the Owner, Developer or Contractor in the planning and scheduling of his/her project(s). All of the general and specific requirements set forth in the "Project Service Schedule" must be followed in the sequence listed, therein. When underground facilities are to be included, the District will provide a complete set of underground duct, vault, transformer pad and riser pole system installation drawings and associated specifications for each project or project phase. It is the responsibility of the Owner(s), Developer(s) or Contractor to provide and install the underground conduit and vault system complete, at the Owner's, Developer's or Contractor's expense, to and including any street lighting systems required by and approved by the City or County agency having jurisdiction in the project area. Lighting systems must be approved in advance of installation by both the County and the District within a County Service Area (CSA), and shall be designed by and included with the District's underground power system drawings. The District will provide an Underground Power Inspector during the actual installation of conduit and vault systems. Any request for inspections on a project must be scheduled with the District 48 hours prior to actual need. Failure on the part of the Owner(s), Developer(s) or Contractor, to schedule and/or obtain an inspection and approval for any portion of the lighting or underground power systems, may result in the total rejection of the newly installed systems. Developer's Letter -3- September 15, 1994 These guidelines, as provided by the District, herein, are not a guarantee expressed or implied that electrical service will be provided to a particular project or phase of said project, nor that electrical system designs or service will be provided within the time frame so stated or implied, herein. To eliminate any misunderstandings concerning the District's assumption of liability for personal injury or property damage prior to or following the completion of the underground duct and vault system by the Owner(s), Developer(s) or Contractor, please note the following: The Owner and/or Developer will be required to acknowledge, in writing, that the District assumes no responsibility for safety, maintenance, repair or corrections for any on -site or off -site electrical distribution system equipment or facilities until the system and facilities are occupied and energized by the District. The Owner(s), or Developer(s) will be required to sign and have notarized an Indemnification Statement prior to obtaining electrical power service for the development project. The person or persons executing the said statement are legally authorized by the Owner(s) and/or Developer(s) to enter into the Agreement and that same is binding on all parties having ownership of, or contractual interest in the land and/or development project. Please refer to EXHIBIT "A", sheet 8 of 8 of this informational letter for the standard recording form format required by the State of California for recordation in both Imperial and Riverside counties. The District's Indemnification Statement has been incorporated on this form for your convenience as well as notes relating to the required legal description of the site or project. Note that the property and/or the development's legal description may require more space than is provided on the form due to text size requirements per government code. Please refer to the legal description of the property or project site as EXHIBIT "A" and any associated maps or drawings as EXHIBIT "B." The following is a sample of a legal description that will fit into this format. .................................................................................................................................................... THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 19, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DELINEATED IN EXHIBIT `B," ATTACHED HERETO AND MADE A PART HEREOF. Developer's Letter -4- September 15, 1994 Please note that the District requires that the Owner(s), Developer(s) or Contractor for a development project within the District's service area are required to provide the following items to the Engineering and Distribution Department having jurisdiction in the project service area: 1. Be advised that Items 3 through 8 and Item 10, are to be provided in AutoCAD Format up to and including Rev. 12, and submitted to the District on a standard 5-1/4" mini -floppy disk (double sided/high density/double track) or a 3-1/2" micro - floppy disk (double sided/high density/double track). State Plane Coordinates may be obtained for Imperial County from the County of Imperial or from the Imperial Division of the Imperial Irrigation District — Power Department, (Distribution Units). Please note that this service is not available in the Coachella Valley Power Division of the Imperial Irrigation District. If this CAD media is not available or cannot be provided by the Developer or Applicant, then hard copy maps/plans and drawings will be accepted by the District for design study but under the following conditions: A. Plans and other drawings required by IID for Commercial and Housing Developments not submitted as AutoCAD drawings may delay the District's project development drawings to the Applicant by 90 days or more. B. AutoCAD drawings that cannot be utilized due to lack of same scale for all components, or lack of detail required for designing the requested power system, or the lack of state plane coordinates for all details tied down to at least one commonly known benchmark, or lack of correct dimensions on landbase details, or extensive use of single layers that have all pertinent text, as well as multiple drawings on one layer. 2. One copy of approved Street Lighting plan similar to conditions in Item 1 above. Note: In the District's Riverside County service area, the Developer will submit lighting proposals, first to the County of Riverside and then to Imperial Irrigation District, Power Department for approvals. 3. Water, sewer and drainage plans. 4. Street improvement plans. 5. Precise grading and landscaping plans. 6. Plot plans with buildings shown. 7. Parcel and overall project map with phasing. Developer's Letter -4- Please note that the District requires that the Owner(s), development project within the District's service area ar September 15, 1994 e Be advised that Items 3 through 8 and Item 10, are to be provided in AutoCAD Format up to and including Rev. 12, and submitted to the District on a standard 5-1/4" mini -floppy disk (double sided/high density/double track) or a 3-1/2" micro - floppy disk (double sided/high density/double track). State Plane Coordinates may be obtained for Imperial County from the County of imperial or from the Imperial Division of the Imperial Irrigation District — Power Department, (Distribution Units). Please note that this service is not available in the Coachella Valley Power Division of the Imperial Irrigation District. If this CAD media is not available or cannot be provided by the Developer or Applicant, then hard copy maps/plans and drawings will be accepted by the District for design study but under the following conditions: A. Plans and other drawings required by IID for Commercial and Housing Developments not submitted as AutoCAD drawings may delay the District's project development drawings to the Applicant by 90 days or more. B. AutoCAD drawings that cannot be utilized due to lack of same scale for all components, or lack of detail required for designing the requested power system, or the lack of state plane coordinates for all details tied down to at least one commonly known benchmark, or lack of correct dimensions on landbase details, or extensive use of single layers that have all pertinent text, as well as multiple drawings on one layer. 2. One copy of approved Street Lighting plan similar to conditions in Item 1 above. Note: In the District's Riverside County service area, the Developer will submit lighting proposals, first to the County of Riverside and then to Imperial Irrigation District, Power Department for approvals. 3. Water, sewer and drainage plans. 4. Street improvement plans. 5. Precise grading and landscaping plans. 6. Plot plans with buildings shown. 7. Parcel and overall project map with phasing. Developer's Letter -3- September 15, 1994 These guidelines, as provided by the District, herein, are not a guarantee expressed or implied that electrical service will be provided to a particular project or phase of said project, nor that electrical system designs or service will be provided within the time frame so stated or implied, herein. To eliminate any misunderstandings concerning the District's assumption of liability for personal injury or property damage prior to or following the completion of the underground duct and vault system by the Owner(s), Developer(s) or Contractor, please note the following: The Owner and/or Developer will be required to acknowledge, in writing, that the District assumes no responsibility for safety, maintenance, repair or corrections for any on -site or off -site electrical distribution system equipment or facilities until the system and facilities are occupied and energized by the District. The Owner(s), or Developer(s) will be required to sign and have notarized an Indemnification Statement prior to obtaining electrical power service for the development project. The person or persons executing the said statement are legally authorized by the Owner(s) and/or Developer(s) to enter into the Agreement and that same is binding on all parties having ownership of, or contractual interest in the land and/or development project. Please refer to EXHIBIT "A", sheet 8 of 8 of this informational letter for the standard recording form format required by the State of California for recordation in both Imperial and Riverside counties. The District's Indemnification Statement has been incorporated on this form for your convenience as well as notes relating to the required legal description of the site or project. Note that the property and/or the development's legal description may require more space than is provided on the form due to text size requirements per government code. Please refer to the legal description of the property or project site as EXHIBIT "A" and any associated maps or drawings as EXHIBIT "B." The following is a sample of a legal description that will fit into this format. ......................................................... THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 19, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DELINEATED IN EXHIBIT `B," ATTACHED HERETO AND MADE A PART HEREOF. :.............................................................. ..................................................................................... Developer's Letter -5- September 15, 1994 8. Graphic scales on all Auto -Cad drawings. 9. One hard copy of total connected electrical loads for each building style or floor plan. 10. All parcel map property corners or tract map boundary corners shall be tied to section or 1/4 section corners. 11. The following easement requirements shall be recorded on the title sheets of tract and/or applicable parcel maps within City limits. OWNER'S STATEMENT WE, HEREBY, OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS AND/OR PUBLIC STREETS SHOWN ON THIS MAP FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT; AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION, AND EMERGENCY VEHICLES. CERTIFICATE OF ACCEPTANCE GOV. CODE SEC. 27281 I, HEREBY, CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90, DATED MARCH 22, 1990, THAT l ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, HEREIN. DATED: L'PV SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) SUPERINTENDENT, GENERAL IID POWER CONSUMERS SERVICES (( For Imperial County areas)) Developer's Letter -6- September 15, 1994 If the map has- been approved or recorded in advance of this requirement, then the Owner(s) and/or Developer(s) shall advise the District of same and other easement arrangements shall be made with the Owner(s) or Developer(s) to obtain said easements. Any easement requirements over and above that stated, herein, will be requested by separate notice during the project scoping study or as soon as the need is apparent. NO FINAL PRINTS FOR OVERHEAD AND/OR UNDERGROUND POWER FACILITIES WILL BE ISSUED TO THE DISTRICT'S CONSTRUCTION FORCES, UNTIL SUCH TIME THAT THE DISTRICT'S ENGINEERING DEPARTMENT HAS RECEIVED FIVE -FULL SIZE COPIES OF THE RECORDED TRACT AND/OR PARCEL MAP WITH ITS ASSOCIATED TITLE SHEET(S) WHEN APPLICABLE. PROJECT SERVICE SCHEDULE 1. Application for electrical service(s) to proposed project (Imperial Irrigation District Business Office). 2. Requirements of Developers Information Letter completed. 3. Conduit drawings by Imperial Irrigation District completed and mailed to Developer or Contractor (60 days typical). 4. Cable Charges prepared and mailed to Developer or Contractor when available. 5. Cable Charges paid. NOTE: Further scheduling will not occur until Item 5 is completed . 6. Cable drawings prepared and material ordered (45 days typical). 7. Underground conduit system installation completed and approved by Imperial Irrigation District Inspector. 8. Imperial Irrigation District work order released to Construction Department for scheduling (45 days typical). 9. Start construction as per scheduled date. 10. Construction completed. DATE COMPLETED Developer's Letter -6- September 15, 1994 If the map has been approved or recorded in advance of this requirement, then the Owner(s) and/or Developer(s) shall advise the District of same and other easement arrangements shall be made with the Owner(s) or Developer(s) to obtain said easements. Any easement requirements over and above that stated, herein, will be requested by separate notice during the project scoping study or as soon as the need is apparent. NO FINAL PRINTS FOR OVERHEAD AND/OR UNDERGROUND POWER FACILITIES WILL BE ISSUED TO THE DISTRICT'S CONSTRUCTION FORCES, UNTIL SUCH TIME THAT THE DISTRICT'S ENGINEERING DEPARTMENT HAS RECEIVED FIVE -FULL SIZE COPIES OF THE RECORDED TRACT AND/OR PARCEL MAP WITH ITS ASSOCIATED TITLE SHEET(S) WHEN APPLICABLE. 2. 3. 4. 5. 6. 7. 8. 9. 10 PROJECT SERVICE SCHEDULE Application for electrical service(s) to proposed project (Imperial Irrigation District Business Office). Requirements of Developers Information Letter completed. Conduit drawings by Imperial Irrigation District completed and mailed to Developer or Contractor (60 days typical). Cable Charges prepared and mailed to Developer or Contractor when available. Cable Charges paid. NOTE: Further scheduling will not occur until Item 5 is completed . Cable drawings prepared and material ordered (45 days typical). Underground conduit system installation completed and approved by Imperial Irrigation District Inspector. Imperial Irrigation District work order released to Construction Department for scheduling (45 days typical). Start construction as per scheduled date. Construction completed. DATE COMPLETED Developer's Letter -5- September 15, 1994 8. Graphic scales on all Auto -Cad drawings. 9. One hard copy of total connected electrical loads for each building style or floor plan. 10. All parcel map property corners or tract map boundary corners shall be tied to section or 1 /4 section corners. 11. The following easement requirements shall be recorded on the title sheets of tract and/or applicable parcel maps within City limits. OWNER'S STATEMENT WE, HEREBY, OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS AND/OR PUBLIC STREETS SHOWN ON THIS MAP FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT; AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION, AND EMERGENCY VEHICLES. CERTIFICATE OF ACCEPTANCE GOV. CODE SEC. 27281 I, HEREBY, CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90, DATED MARCH 22, 1990, THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, HEREIN. . DATED: SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) OR SUPERINTENDENT, GENERAL IID POWER CONSUMERS SERVICES (( For Imperial County areas)) Developer's Letter -7- September 15, 1994 NOTE: Any changes made by the Applicant to the project that will require the District to make modifications or changes to the original design of the electrical facilities for the project will cause the project schedule to revert back to Item 2. PLEASE FORWARD ALL MAPS, AUTOCAD MEDIA AND CORRESPONDENCE TO: COACHELLA VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued: 81-600 Avenue 58 P.O. Box 1080 La Quinta, California 92253-1080 Issued By: Telephone: (619) 398-5854 Section or Un Fax Number: (619) 391-5999 Received By: Owner, Developer and/or Agent IMPERIAL VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued: 333 East Barioni P.O. Box 937 Imperial, California 92251-0937 Issued By: Telephone: (619) 339-9182 Section or Unit: Fax Number: (619) 339-9140 Received By: Owner, Developer and/or Agent 1/2" Developer's Letter RECORDING REQUESTED BY: IMPERIAL IRRIGATION DISTRI No Recording Fees Required Per Government Code: Section 27383 AND WHEN RECORDED MAIL TO: REAL ESTATE SECTION IMPERIAL IRRIGATION DISTRICT P.O. BOX 937 IMPERIAL, CALIFORNIA 92251 -8- EXHIBIT "A" 1/21' TOP OF FORM 2-3/4 INCHES September 15, 1/2" FROM EDGE OF FORM ON ALL SIDES OF THE FORD 5 INCHES SPACE ABOVE THIS LINE FOR RECORDER'S USE PROJECT LEGAL DESCRIPTION INCLUDING TRACT No., PARCEL No., OR RECORD OF SURVEY No. INDEMNIFICATION STATEMENT "IT IS ACKNOWLEDGED AND UNDERSTOOD BY THE PARTIES HERETO, THAT THE OWNER(S) A� DEVELOPER(S) OF THE HEREIN ABOVE DESCRIBED PROPERTY OR DEVELOPMENT PROJECT. SHA FULLY RESPONSIBLE FOR THE CONDITION, SAFETY, MAINTENANCE AND REPAIRS, AS WEL REQUIRED CORRECTIONS, AS TO ALL UNOCCUPIED AND UNENERGIZED COMPONENTS OF PERMANENT OR TEMPORARY ELECTRICAL SERVICE DISTRIBUTION FACILITIES, BOTH ON AND OFI CONSTRUCTION OR PROJECT SITE, WHERE SUCH SYSTEMS AND FACILITIES ARE REQUIRED 1 CONSTRUCTED OR INSTALLED BY THE OWNER(S) OR DEVELOPER(S). THIS RESPONSIBILITY CONTINUE UNTIL SUCH TIME THAT THE SYSTEMS AND FACILITIES HAVE BEEN ENERGIZED Bl DISTRICT. THE OWNER(S) OR DEVELOPER(S)INDEMNIFIES THE DISTRICT AND HOLDS THE DIS HARMLESS FROM ALL DAMAGE CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR BODILY IP OR PROPERTY DAMAGE RELATING TO OR ARISING AS A RESULT OF THE INSTALLATION OF FACILITIES, UNTIL THEY HAVE BEEN ENERGIZED BY THE DISTRICT. THE INDEMNIFICATION INCL THE DISTRICT'S COSTS OF DEFENDING ANY APPLICABLE CLAIMS, INCLUDING REASOI ATTORNEY'S FEES." IN WITNESS WEREOF, said Grantor_ ha hereunto affixed signature this day of ,19 GRANTOR • GRANTORS ( Example 1 ) H.K.Porter Company A Limited Partnership By: Rgmg s. F s,T. Principle Partner and President ( Example 2 ) ........................................................... ............................................................ BR. sawde I Owner Developer's Letter ........................................................ RECORDING REQUESTED BY: IMPERIAL IRRIGATION DISTR No Recording Fees Required Per Government Code: Section 27383 /2"` AND WHEN RECORDED MAIL TO: REAL ESTATE SECTION IMPERIAL TRRIGATION DISTRICT P.O. BOX 937 IMPERIAL, CALIFORNIA 92251 -8- EXHIBIT "A" 1/2" ........................................ TOP OF FORM 2-3/4 INCHES September 15, 1/2" FROM EDGE OF FORM ON ALL SIDES OF THE FORK 5 INCHES SPACE ABOVE THIS LINE FOR RECORDER'S USE PROJECT LEGAL DESCRIPTION INCLUDING TRACT No., PARCEL No., OR RECORD OF SURVEY No. INDEMNIFICATION STATEMENT "IT IS ACKNOWLEDGED AND UNDERSTOOD BY THE PARTIES HERETO, THAT THE OWNER(S) AN[ DEVELOPER(S) OF THE HEREIN ABOVE DESCRIBED PROPERTY OR DEVELOPMENT PROJECT. SHAL FULLY RESPONSIBLE FOR THE CONDITION, SAFETY, MAINTENANCE AND REPAIRS, AS WELL REQUIRED CORRECTIONS, AS TO ALL UNOCCUPIED AND UNENERGIZED COMPONENTS OF PERMANENT OR TEMPORARY ELECTRICAL SERVICE DISTRIBUTION FACILITIES, BOTH ON AND OFF CONSTRUCTION OR PROJECT SITE, WHERE SUCH SYSTEMS AND FACILITIES ARE REQUIRED TC CONSTRUCTED OR INSTALLED BY THE OWNER(S) OR DEVELOPER(S). THIS RESPONSIBILITY 1 CONTINUE UNTIL SUCH TIME THAT THE SYSTEMS AND FACILITIES HAVE BEEN ENERGIZED BY DISTRICT. THE OWNER(S) OR DEVELOPER(S)INDEMNIFIES THE DISTRICT AND HOLDS THE DISTI HARMLESS FROM ALL DAMAGE CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR BODILY INJ OR PROPERTY DAMAGE RELATING TO OR ARISING AS A RESULT OF THE INSTALLATION OF FACILITIES, UNTIL THEY HAVE BEEN ENERGIZED BY THE DISTRICT. THE INDEMNIFICATION INCLU THE DISTRICT'S COSTS OF DEFENDING ANY APPLICABLE CLAIMS, INCLUDING REASON/ ATTORNEY'S FEES." IN WITNESS WEREOF, said Grantor_ ha hereunto affixed signature this day of ,19 GRANTOR -GRANTORS ( Example 1) ( Example 2 ) H.K.Porter Company A Limited Partnership ............................................................. By: �. suww 5z, By: Fete Sawdez " Principle Partner and President Owner Developer's Letter -7- September 15, 1994 NOTE: Any changes made by the Applicant to the project that will require the District to make modifications or changes to the original design of the electrical facilities for the project will cause the project schedule to revert back to Item 2. PLEASE FORWARD ALL MAPS, AUTOCAD MEDIA AND CORRESPONDENCE TO: COACHELLA VALLEY AREA IMPERIAL IRRIGATION DISTRICT 81-600 Avenue 58 P.O. Box 1080 La Quinta, California 92253-1080 Telephone: (619) 398-5854 Fax Number: (619) 391-5999 Date Issued: Issued By: Section or Unit: Received By: Owner, Developer and/or Agent IMPERIAL VALLEY AREA IMPERIAL IRRIGATION DISTRICT 333 East Barioni P.O. Box 937 Imperial, California 92251-0937 Telephone: (619) 339-9182 Fax Number: (619) 339-9140 Date Issued: Issued By: Section or Unit: Received By: Owner, Developer and/or Agent F BI#1 STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1995 (CONTINUED FROM JULY 11) CASE NO.: SPECIFIC PLAN 90-015 REQUEST: FIRST ANNUAL REVIEW OF AN APPROVED DEVELOPMENT PLAN THAT ALLOWED 1,060 DWELLING UNITS ON 265 ACRES. LOCATION: EAST SIDE OF MADISON STREET, NORTH OF AIRPORT BOULEVARD AND WEST OF MONROE STREET (ATTACHMENT 1) REPRESENTATIVE: MR. FORREST K. HAAG, ASLA APPLICANT: KSL PGA WEST CORPORATION/KSL FOSTER LAND L.P. OWNER: FOSTER LAND TRUST ENVIRONMENTAL DETERMINATION: AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED WITH THIS PROJECT IN 1990. THE EIR WAS CERTIFIED BY THE CITY COUNCIL ON DECEMBER 3, 1991. GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DU/AC) ZONING: R-2 BACKGROUND: PGA West Ex ap nsion In 1990, an application was received from Landmark Land Company requesting approval of Specific Plan 90-015 which included proposed 1,060 dwellings and golf course on 265 acres. The project is located east of the existing PGA West development. The project was approved by the City Council on December 3, 1991 (Attachment 2). Annual Review Requirement Condition 7 of Specific Plan 90-015 requires the applicant to request an annual review of the plan by the Commission. The condition states, "...the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Developer/Applicant of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require." In 1992, staff received a request by Landmark Land Company (LML) to process annual review for this case. A letter was mailed to LML explaining that their request was incomplete. Staff requested a written progress report that would explain the applicant's work progress in the previous year as required by Condition 7. Staff did not receive any new information on this case for approximately three years. KSL Recreation Corporation purchased this site and adjacent LML holdings in 1993/94. On June 13, 1995, staff received a letter from Mr. Haag requesting that the Planning Commission approve their annual review (Attachment 3). The applicant is requesting a two-year review period. Staff has placed this item on the Planning Commission agenda for discussion as a business item because the Commission has the authority to: (1) review the request and certify that the applicant is in good standing and has demonstrated good faith effort to compliance with the terms of the specific plan, or (2) request a public hearing before the Commission in August to consider amending the existing Conditions of Approval. Staff Comments The annual review of this case should have occurred a few years ago, but it is evident from previous correspondence (during the review of Specific Plan 90-017 in April) that the transfer of ownership of the property plus other legal problems created major difficulties for the owners during the last two years. Staff supports the developer's request to retain their development entitlement because the Planning Commission will review each tentative tract map application submitted to undergo development of the project. RECOMMENDATION: By Minute Motion 95-_, approve a two-year extension of time to July 25, 1997, for Specific Plan 90-015 based on Condition 7 of Resolution 91-101. Attachments: 1. Vicinity Map 2. Approved site plan 3. Letter from Mr. Forrest Haag (Time Extension) 4. Original Conditions pcgt.112 SNe CASE MAP NORTH CASE Na Vidnity Map SPECIFIC PLAN 90-015 SCALE: Scale: 1 • - 6.000' 133us uosip w CASE MAP CASE Nm Proposed Land Use Plan SPECIFIC PLAN 90-015 , June 4, 1995 Mr. Jerry Herman Director of Planning and Development City of La Quinta 78-495 Callle 'Tampico La Quinta, CA 92253 Re: Status Review of Specific Plan 90-015 Dear Mr. Herman: JUN 1 s 1995 i' 5 • -.: .-,.� . sue• a, In response to a request by the La Quinta Planning Department, I am submitting this letter in order to address the current planning and development status of Specific Plan 90-015 as required by Condition of Approval #7 of Specific Plan 90-015. The current status of the plan area is as follows: The plan area of 90-015 has not been developed to date. No applications have been tiled for mapping or construction permitting. From the date of the original approval in December of 1991 to the present, all taxes, fees and other obligations have been met and remain current. The Applicant /Developer, KSL PGA West Corporation and KSL Foster Land L. P. for the beneficial interest of Foster land Trust is in compliance with the terms of the Specific Plan and in light of long range scope of the Specific Plan, respectfully requests a two year interval for future reviews of the Specific Plan. This two year interval is consistent with the recent decision of the La Quinta Planning Commission referencing a similar condition requirement of Specific Plan 90-017. In closing, KSL PGA West Corporation and KSL Foster Land L. P. for the beneficial interest of Foster land Trust is committed to compliance with the approval requirements of the Planning Commission and City Council of La Quinta and will comply with the review interval as required by the Planning Director. Please notify me if supplemental information is needed to comply with this condition and thank you for your time in resolving this issue to the mutual benefit of the City of La Quinta and KSL. erely, oorest K. Haag, ASLA CC: Nola Dyal, Esq. Chevis Hosea Lloyd Watson. P.E. Forrest K. Haag, ASLA Design and Land Planning 34 Springacre, Irvine, CA 92714 ph/fax (714) 786-8943 &IFTAC MKIE UIF 4 CITY COUNCIL RESOLUTION 91-101 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 90-015 - LANDMARK LAND COMPANY DECEMBER 3, 1991 * Mitigation Measure of Final EIR for SP 90-015 + Condition modified by Planning Commission on 9 / 10191 o Condition modified by City Council on 12 / 3 / 91 GENERAL CONDITIONS 1. The development shall comply with Exhibit "A", the Specific Plan for Specific Plan 90-015, the Final EIR 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 Planning and Development Department prior to issuance of a building permit. 3. Prior to issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following agencies: - City Fire Marshal - City of La Quinta Public Works Department - Planning and Development Department - Building and Safety Department - Coachella Valley Water District - Coachella Valley Unified School District - Imperial Irrigation District - Riverside County Road Department of Transportation Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 5. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. +6. Prior to any initial final tract map approval, the Applicant/Developer shall prepare an overall plan or program for the provision of comfort station locations for all maintenance employees. This plan/program shall set forth requirements for on -site maintenance employee restroom facilities and how they will be provided for by the homeowner associations' subcontractors, for all contracted landscaping and other maintenance workers. Said plan/program shall indicate methods of providing such facilities, the parties responsible for so doing, and means for enforcement of procedures set forth in the plan/ program. CONAPRVL.030 1 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 7. The Planning Commission shall conduct annual reviews of this Specific Plan. During each annual review by the Commission, the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Applicant/Developer of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require. Evidence of good faith compliance may include, but shall not necessarily be limited to, good faith progress towards implementation of and compliance with the requirements of the Specific Plan. Upon conclusion of the annual review, the Commission may determine that the Applicant has made good faith compliance/progress and may set a future review date at their discretion. 8. The Applicant/Developer shall submit an off -site improvements and on -site buildout phasing schedule and map at time of the first request to approve a final tract or parcel map. This schedule and map shall be subject to review and acceptance by the Public Works Department. 9. Applicant shall have recorded the Street Vacation 91-016 prior to proceeding with any development activity such as grading or subdivision map recordation. ENVIRONMENTAL *10. All adopted mitigation measures, as recommended in the Draft/Final EIR, shall be incorporated into all future project approvals relating to SP 90-015 where applicable and/or feasible. It is understood that certain measures will not be applicable to certain site specific proposals, however, all development within the Specific Plan area shall be verified as in conformance with said Specific Plan and the mitigation adopted within the Draft/Final EIR. The Specific Plan Draft and Final EIR shall be used in the review of all project proposals in the SP 90- 015 area. Said mitigation measures are hereby incorporated into these conditions by reference. +*11. Prior to any site disturbance, the Applicant/Developer shall initiate a lake bed delineation study, to be based upon the paleontological survey contained in the DEIR as Appendix "G" . The study shall determine the extent of the ancient lakebed for purposes of implementing a pre -development data recovery program within the limits of the delineated lakebed. This delineation study shall be submitted to the City for monitoring approved and future area projects. If the Developer of this project initiates development activity, then the pre - development data recovery program shall be undertaken prior to any site disturbance. The Applicant/Developer may be reimbursed by other area developers within the area defined by the lakebed study. The Applicant/Developer shall propose a method of reimbursement (such as cost per impacted acre in the lakebed area, etc.) to the City for review/acceptance. Conversely, if other area developer(s) initiate development activity, and are similarly conditioned, this project will be required to reimburse said developer(s) in accordance with the provisions of a reimbursement program. CONAPRVL.030 2 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 If the program is undertaken by this project, then paleontological monitoring of grading shall be required for cuts made during construction activity. Full time monitoring shall be required, given the ubiquitous distribution of paleobiological remains on the project site. The mitigating shall be done under the supervision of a qualified vertebrate paleontologist knowledgeable in both paleontological and, archaeological sampling techniques. This program shall include a report identifying contact personnel who will be working on -site, the proposed time schedule for grading monitoring, the qualifications of the persons assigned to do such monitoring and the method to be used in reporting on compliance to the City. This report shall be approved by the City prior to the Developer authorizing any work on the program itself. *12. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The Applicant/Developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and aluminum cans. B . Developer shall provide proper on -site storage facilities within the project for green wastes associated with golf course and common area maintenance. Compostable materials shall be stored for pick-up by Waste Management, or an authorized hauler for transport to an appropriate facility. C . Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. PUBLIC SERVICES/UTILITIES/RESOURCES City Fire Marshal: 13. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 14. The level of service required for this project should be aligned with the criteria for Category II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles B . Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall be prepared to identify CONAPRVL.030 CONDITIONS OF APPROVAL specific Plan 90-015 December 3, 1991 a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. The analysis shall include consideration of the Applicants other proposals (SP 90-016 & SP 90-017) as well as existing and approved area projects. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. Coachella Vallev Water District 15. Specific Plan 90-015 is within Improvement District No. 1 of the Coachella Valley Water District (CVWD) for irrigation water service. Water from the Coachella Canal is available to the area. The Developer shall use this water for golf course and landscape irrigation. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. *16 . Applicant / Developer shall utilize alternative methods to use of water for dust control purposes, such as soil binders and ground covers (required in these conditions) in order to further conserve water resources. Electric Utilities 17. All existing and proposed electric power lines with 12,500 volts or less, which are adjacent to the proposed site or on -site, shall be installed in underground facilities. Schools *18. Impacts shall be mitigated in accordance with the provisions of AB 1600, Section 53080 and 65995 of the Government Code or the then existing legislation and/or local ordinances adopted pursuant thereto or any applicable Mitigation Agreement entered into by the Developer and the District. In addition, the City, Developer and the Coachella Valley Unified School District shall cooperate in exploring alternatives to provide lands or facilities to the District, through joint use agreements, dedications, or Mello -Roos District formation. Recreation *19. Applicant/Developer shall pay a parkland mitigation fee based upon a requirement of 3.10 acres, as determined based upon the La Quinta General Plan standards and the analysis in the Staff report for SP 90-015. Determination of this fee shall be accomplished as set forth in Section 13.24.030 B. of the La Quinta Subdivision Ordinance. CONAPRVL.030 4 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 Traffic/Circulation Improvements *20. Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, and as required by the City Engineer, as follows: A. Madison Street -- Primary Arterial, 55-foot half width; B. Monroe Street - Primary Arterial, 55-foot half width; C. Airport Boulevard - Primary Arterial, 55-foot half width; The public right of way shall be dedicated by grant deed within 180 days following City Council approval of the Specific Plan. 21. The on -site private streets shall be constructed in 37-foot wide access easements granted to the homeowner's association. o22 . Improved landscaped setback lots of noted width adjacent to the following street right of ways shall be constructed with the adjacent street improvements as follows: A. Madison Street, 20--feet wide; B. Monroe Street, 25-feet wide. C. Airport Boulevard, 20-feet wide. The Madison Street setback lot shall include provision for an equestrian trail. Design of this trail shall be subject to review and acceptance of the Planning and Development Department and approval of the La Quinta Design Review Board. 23. Vehicle access rights to Madison Street, Airport Boulevard and Monroe Street shall be vacated except for the two residential access streets on the Circulation Plan in the Specific Plan. 24. Turning movements of traffic accessing the residential Specific Plan areas from adjoining public streets shall be as follows: A. Madison Street 1. Residential Area Main Gate - Full turning movement permitted. B. Airport Boulevard 1. Residential Secondary Gate - Full turning movement permitted. o25. The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land. If the ordinance is adopted, all land division maps prepared pursuant to this Specific CONAPRVL.G30 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 Plan shall be subject to payment of fees, or construction of improvements in lieu of, as setforth in the ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. The fees shall be paid, or agreed to be id, prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not ado,., .ed, the cost of designing and installing traffic signals on off -site streets shall be as follows: A. Airport Boulevard/Madison Street: 25% fair share responsibility; B . Airport Boulevard/Monroe Street: 25% fair share responsibility; C . Airport Boulevard / Secondary Gate: 100% fair share responsibility; D. Madison Street/Main Gate: 50% fair share responsibility. 26. The access location into the residential area on Madison Street shall be not less than 1200 feet from the Airport Boulevard centerline and no less than 1200 feet from the centerline of the existing approved northerly entry into PGA West from Madison Street. The access location into the residential secondary gate on Airport Boulevard shall be not less than 1200 feet from the Madison Street centerline. *27. Bus turnouts and bus waiting shelters shall be provided on Madison Street, Monroe Street, and Airport Boulevard as requested by Sunline Transit when street improvements are installed. Street improvement plans shall be reviewed by Sunline Transit Agency prior to final City approval. +*28. All street improvements shall be installed in accordance with the General Plan, the La Quinta Municipal, Code, adopted Standard Drawings, City Engineer's requirements and shall include all appurtenant components required by same. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the new improvements shall be designed and constructed as required by the City Engineer to assure the new and existing improvements are appropriately integrated to provide a finished product that conforms with city standards and practices. This includes tapered off -site street transitions that extend beyond specific plan area boundaries and join the widened and existing street sections. The on- and off -site street improvements shall be phased in a manner that is consistent with on -site subdivision maps and internal circulation needs of the specific plan area. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: CONAPRVL.030 6 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 A. ON -SITE STREETS 1. All private local streets - full width Local Street, 36 feet wide between curb faces; 2. Entry streets - divided street, 20 feet wide between curb faces for each roadway. B . OFF -SITE STREETS - The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land at the time the land is subdivided or otherwise developed for beneficial use. If the ordinance is adopted, all land division maps within this project shall be subject to exaction by said ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the off -site street improvements for this project shall be as follows 1. Madison Street (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 110-foot option. 2. Monroe Street (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 110-foot right of way option. 3. Airport Boulevard (portion contiguous to specific plan boundary) - Half -width Primary Arterial street improvements, 110-foot right of way option. 29. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. *+30. The Applicant shall provide an overall plan illustrating or describing provisions to allow multiple modes of non -motor vehicle travel throughout the entire specific plan area. This plan may utilize combinations of golf cart paths and tunnels, pedestrian walks, bikeways, etc. , to achieve this. These systems shall be designed to provide overall project access. This plan shall be submitted at the time of the initial tract map submittal, for review by the Planning Commission. HYDROLOGY/GRADING/DUST CONTROL 31. All project grading shall be done in a manner that permits storm flow in excess of the retention basin capacity to flow out of the project through designated emergency overflow outlets and into the historic drainage relief route. Similarly, the project shall be graded in a manner that anticipates receiving CONAPRVL.030 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 storm flow from adjoining property at locations that has historically received flow. *32. Storm water run-off produced in 24 hours by a 100-year storm shall be re, ied on site in landscaped retention basins or other approved retention areas . the golf course. The maximum water depth for any retention area shall not exceed six feet; basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless Applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to permanent irrigation improvements, landscape plants and materials, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The tributary drainage area for which the Applicant is responsible shall extend to the centerline of any public street contiguous to the site. *33. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with any rough grading plan in the specific plan area. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. *34. Prior to the issuance of grading permits, the Applicant shall submit a comprehensive blowing dust and sand mitigation plan on the entire site to the Planning and Development Department for review and approval. This plan shall include, but not to be limited to, consideration of the following means to minimize blowing sand and dust: implementation of Uniform Building Code requirements, development phasing, retention of existing trees, cultivation of interim groundcover or crops, the conservative use of water trucks and sprinkler systems and use of soil binders. *35. Applicant is encouraged to maintain all land within the project boundaries in agricultural status until such land is graded for development, provided that such agricultural production is economically feasible. In the event said undeveloped land is not continued or placed in agricultural production, Applicant shall plan and maintain said land in appropriate ground cover to prevent dust and erosion and to provide an aesthetically pleasing environment. 36. Applicant shall retain a California registered civil engineer, .or designate one who is on Applicant's staff, to exercise sufficient supervision and quality control during construction of the project grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant to implement this responsibility shall provide the following certifications and documents upon completion of construction: CONAPRVL.030 S CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 A. The engineer shall sign and seal a statement placed on the "as built" plans that says "all ( grading and grades) ( improvements) on these plans were properly monitored by qualified personnel under my supervision during construction for compliance with the plans and specifications and the work shown hereon was constructed as approved, except where otherwise noted hereon and specifically acknowledged by the City Engineer". B . Prior to issuance of any building permit, the engineer shall provide a separate document, signed and sealed, to the City Engineer that documents the building pad elevations. The document shall, for each lot in the tract, state the pad elevation approved on the grading plan, the as built elevation, and clearly identify the difference, if any. The data shall be organized by tract phase and lot number and shall be cumulative if the data is submitted at different times. C . Provide to the City Engineer a signed set of "as built" reproducible drawings of the site grading and all improvements installed by the Applicant. *37. The Applicant shall be required, through grading permit approvals, to adhere to all requirements, as applicable, which are set forth in the 1990 SIP for PM 10 in the Coachella Valley. All grading plan submittals shall be shown to be in compliance with said plan. LAND USE 38. Street dedications, bikeways, easements, improvements, landscaping with permanent irrigation system and screening, etc., to satisfaction of City, shall be provided by Applicant / Developer for any site (s) where dedication of land for public utilities and/or facilities is required. 39. Any proposed entry gates shall be subject to separate plot plan reviews to insure adequate stacking/queuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Design Review Board approval. 40. Separate Plot Plan review of any maintenance facility site(s) shall be required before the Design Review Board and Planning Commission, with a report of action to be sent to the City Council. o+41. Building heights for residential uses shallbe subject to height limits specified in the Specific Plan, except that no building or structure, regardless of use, exceeding one story (24 feet in height), shall be allowed within 200 feet of any perimeter property line/public street frontage. All building heights shall be measured from finished grade elevation. All other residential structures shall be limited to two stories, not to exceed 30 feet. CONAPRVL.030 9 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 42. Perimeter security walls shall be subject to the following standards: +A. Setback from right-of-way lines along Madison Street, Monroe Street and Airport Boulevard shall average 20 feet, except where right-of-way needs along Monroe Street shall dictate the required average width of the setback for that street. oB . All wall designs, including location and materials, shall be subject to review by the Planning and Development Department. Wall design(s) along Madison Street shall include any necessary provisions /allowances for equestrian trail areas as required in Condition #22. *C . Perimeter wall designs shall incorporate noise abatement requirements as set forth in the Final EIR for SP 90-015. o43. A 6-foot wide meandering sidewalk shall be constructed in the northerly, easterly, and westerly parkways and landscape setback lots of Airport Boulevard, Madison Street, and Monroe Street respectively. Sidewalk design along Madison Street shall take into account the required equestrian trail. o44. Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk and equestrian trail along Madison Street. Landscaping Requirements 45. Landscape and irrigation plans shall be prepared by a licensed landscape architect for the landscaped lots. The plans and proposed landscaping improvements shall be in conformance with requirements of the Planning Director, City Engineer, and Coachella Valley Water District and the plans shall be signed these officials prior to construction. 46. The Applicant / Developer shall prepare detailed irrigation and landscaping plans for required perimeter landscaped setbacks along arterial roadways. These plans shall be coordinated with the street improvement plans for the corresponding arterials, and shall be subject to review by the Planning and Development Department, Public Works Department, Design Review Board, and Planning Commission prior to review by Coachella Valley Water District. *47. Prior to issuance of any grading permit, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A. The use of soil binders during any construction activities and paving of construction access roads; CONAPRVL.030 10 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 B . Planting of cover crop or vegetation upon graded but undeveloped portions of the site; and C. Provision of wind breaks or wind rows, fencing, and/or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirement of the Director of Public Work and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand. *48. Prior to the approval of building permits, the Applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the use of drought tolerant and low-water usage landscaping materials, and programs to increase the effectiveness of landscape and golf course irrigation, as recommended by Coachella Valley Water District and the State Department of Water Resources. B . Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. C. Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan, shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. +49. Applicant/Developer shall submit a typical landscape plan for all golf course landscaping, which shall be designated to feature drought tolerant plant species, and the latest water conserving irrigation technology. The plan(s) shall be subject to initial review by the Design Review Board and Planning Commission, with a subsequent final review and acceptance by Coachella Valley Water district prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Planning and Development Department. Maintenance 50. Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation, perimeter wall, and drainage facilities installed in the Specific Plan area. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the homeowner's association in planning for routine and long term maintenance. CONAPRVL.030 11 BI#2 STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1995 (CONTINUED FROM JULY 11, 1995) CASE NO.: SPECIFIC PLAN 90-016 REQUEST: FIRST ANNUAL REVIEW OF AN APPROVED DEVELOPMENT PLAN THAT ALLOWED 1,208 DWELLING UNITS AND A NEIGHBORHOOD COMMERCIAL PROJECT ON 327 ACRES. LOCATION: GENERALLY, EAST SIDE OF JEFFERSON STREET, SOUTH OF AVENUE 50, AND NORTH OF AVENUE 52 (ATTACHMENT 1) REPRESENTATIVE: APPLICANT: OWNER: ENVIRONMENTAL DETERMINATION: GENERAL PLAN DESIGNATION: ZONING: MR. FORREST K. HAAG, ASLA KSL LA QUINTA CORPORATION/KSL GROVE LAND L.P. GROVE LAND TRUST AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED WITH THIS PROJECT IN 1990. THE EIR WAS CERTIFIED BY THE CITY COUNCIL ON DECEMBER 3, 1991. LOW DENSITY RESIDENTIAL (2-4 DU/AC) AND NEIGHBORHOOD COMMERCIAL R-2 AND C-P-S In 1990, an application was received from Landmark Land Company requesting approval of Specific Plan 90-016. Specific Plan 90-016 proposed 1,208 dwellings and a golf course on 327 acres. A commercial site was also part of the project to the west of Jefferson Street. The project is located east of the Citrus Country Club. The project was approved by the City Council on December 3, 1991 (Attachment 2). Condition 7 of Specific Plan 90-016 requires the applicant to request an annual review of the plan by the Commission. The condition states, "...the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Developer/Applicant of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require." In 1992, staff received a request by Landmark Land Company (LML) to process annual review for this case. A letter was mailed to LML explaining that their request was incomplete. Staff requested a written progress report that would explain the applicant's work progress in the previous year as required by Condition 7. Staff did not receive any new information on this case for approximately three years. KSL Recreation Corporation purchased this site and adjacent LML holdings in 1993/94. On June 13, 1995, staff received a letter from Mr. Haag requesting that the Planning Commission approve their annual review (Attachment 3). The applicant is requesting a two-year review period. Staff has placed this item on the Planning Commission agenda for discussion as a business item because the Commission has the authority to: (1) review the request and certify that the applicant is in good standing and has demonstrated good faith effort to compliance with the terms of the specific plan, or (2) request a public hearing before the Commission in August to consider amending the existing Conditions of Approval. The annual review of this case should have occurred a few years ago, but it is evident from previous correspondence (during the review of Specific Plan 90-017 in April) that the transfer of ownership of the property plus other legal problems that arose after the purchase created major difficulties for the owners in the last few years. Staff supports the developer's request to retain their development entitlement because the Planning Commission will review each tentative tract map application submitted to undergo development of the project. By Minute Motion 95-_, approve a two-year extension of time to July 25, 1997 for Specific Plan 90-016 based on Condition 7 of Resolution 91-103. pcgt.111 Attachments: 1. Vicinity Map 2. Approved site plan 3. Letter from Mr. Forrest Haag (Time Extension) 4. Original Conditions pcgt.111 Citrus Country Club -ommerical ERMY AA0AA0 Q� IIIII n p44pC��i�i��14 � Avenue 50 PROJECT SECONDANT' ACCESS NESiDENTNL I RUMENTMI � I ' I j tV J I 1 1. E J I IIEs=NT➢ L t IAESIDENTML � GOLF ESS COUNSE ACCTUNNEL I _— ••—_ -- - -- - NESIDENr1AL ; / 44�.. ' F 2 J:t IS10 ...,��. i ,..A aEsroENruL 18 n is - + u - / j• AESIDENTuI LEGEND SPECW C PLAN 80UNDARY QI �.. •'' �•�' �� LOCK PNIVATE STNEET I �T ► RESIDENTIY OL NESVENTML LAND USE dowss Dow" nls m"m tEt aEownr ACUADE MT beam rMrIM A DUAM Is aw CDIAOE 4 am YACE Ac E �11AMTENANGE tO rOTAt YUIn Avenue 52 `�"• '�>„' MAN mf$& vx.0 PLAN soup w . #AMU= CASE MAP CASE Na Proposed Land Use Plan SPECIFIC PLAN 90-016 NORTH SCALE: . i June 4, 1995 JUN 13 995 Mr. Jerry Herman Director of Planning and Development City of La Quinta 78-495 Calle Tampico La Quinta, CA 92714 Re: Annual Status Review of Specific Plan 90-016 Dear Mr. Herman: In response to a request by the La Quinta Planning Department, I am submitting this letter addressing the current planning and development status of Specific Plan 90-016. This documentation is required by CONDITIONS OF APPROVAL #7 of Specific Plan 90-016. The plan area of 90-016 has not been developed to date and no applications for subsequent mapping or construction permitting have been filed from the date of the original approval to this date. Given this, the Applicant /Developer, KSL La Quinta Corporation and KSL Grove Land L.P. for the beneficial interest of Grove Land Trust, is in compliance with the terms of the Specific Plan and given the scope of the plan, requests a two year interval for future reviews of the Specific Plan. In closing, KSL La Quinta Corporation and KSL Grove Land L.P. for the beneficial interest of Grove Land Trust is committed to compliance with the approval requirements of the Planning Commission and City Council of La Quinta for the plan area of Specific Plan 90-016 and will comply with the review interval as required by the Planning Director. If supplemental information is required to comply with this condition, pleas let me know and I will provide information as requested. Thank you for your time in resolving this issue for KSL and the City of La Quinta. Diu rely, orrrest K. Haag, ASLA CC: Nola Dyal. Esq. Chevis Hosea Lloyd Watson, P.E. Forrest K. Haag, ASLA Design and Land Planning 34 Springacre, Irvine. CA 92714 ph/fax (714) 786-8943 AMFIFAMNIfl14 4 CITY COUNCIL RESOLUTION 91-103 EXHIBIT 'A' CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 90-016 - LANDMARK LAND COMPANY DECEMBER 3, 1991 * Mitigation Measure of Final EIR for SP 90-016 + Condition added/modified by Planning Commission o Condition added/modified by City Council GENERAL CONDITIONS 1. The development shall comply with Exhibit "A", the Specific Plan for Specific Plan 90-016, the Final EIR 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 Planning and Development Department prior to issuance of a building permit. 3. Prior to issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following agencies: - City Fire Marshal - City of La Quinta Public Works Department - Planning and Development Department - Building and Safety Department - Coachella Valley Water District - Desert Sands Unified School District - Coachella Valley Unified School District - Imperial Irrigation District - Riverside County Department of Transportation Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 5. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. +6. Prior to any initial final tract map approval, the Applicant/Developer shall prepare an overall plan, or program, for the provision of comfort station locations for all maintenance employees. This plan/program shall set forth requirements for on -site maintenance employee restroom facilities and how they will be provided for by the homeowner associations' subcontractors, for all contracted landscaping and other maintenance workers. Said plan/program CONAPRVL.024 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 shall indicate methods of providing such facilities, the parties responsible for so doing, and means for enforcement of procedures set forth in the plan/ program. 7. The Planning Commission shall conduct annual reviews of this Specific Plan. During each annual ;review by the Commission, the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Applicant/Developer of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require. Evidence of good faith compliance may include, but shall not necessarily be limited to, good faith progress towards implementation of and compliance with the requirements of the Specific Plan. Upon conclusion of the annual review, the Commission and may set a future review date at their discretion. 8. Applicant/Developer shall submit a revised Specific Plan document showing the following: A. Change of land use designation for commercial acreage. B . Revisions to appropriate text and exhibits for general plan and zoning designations, acreage figures, restrictions on commercial site, etc. C. Change building heights from top of slab to finish grade. D. The revised document shall be submitted prior to any permit approvals for the project. 9. The Applicant/Developer shall submit an off -site improvements and on -site buildout phasing schedule and map at time of the first request to approve a final tract or parcel map. This schedule and map shall be subject to review and acceptance by the Public Works Department. 10. Applicant shall have recorded the Kaylon Street vacation (SV 91-017) prior to proceeding with any development activity such as grading or subdivision mapping. KWIRONMENTAL $11. All adopted mitigation measures, as recommended in the Draft/Final EIR, shall be incorporated into all future project approvals relating to Sp 90-016 where applicable and/or feasible. It is understood that certain measures will not be applicable to certain site specific proposals, however, all development within the Specific Plan area shall be verified as in conformance with said Specific Plan and the mitigation adopted within the Draft/Final EIR. The Specific Plan Draft - and Final EIR shall be used in the review of all project proposals in the SP 90- 016 area. Said mitigation measures are hereby incorporated into these conditions by reference. CONAPRVL.024 2 CONDITIONS or APPROVAL Specific Plan 90--016 December 3, 1991 +*12. Prior to any site disturbance, the Applicant/Developer shall initiate a lake bed delineation study, to be based upon the paleontological survey contained in the DER as Appendix "G" . The study shall determine the extent of the ancient lakebed for purposes of implementing a pre -development data recovery program within the limits of the delineated lakebed. This delineation study shall be submitted to the City for monitoring approved and future area projects. If the Developer of this project initiates development activity, then the pre - development data recovery program shall be undertaken prior to any site disturbance. The Applicant/Developer may be reimbursed by other area developers within the area defined by the lakebed study. The Applicant/Developer shall propose a method of reimbursement (such as cost per impacted acre in the lakebed area, etc.) to the City for review/acceptance. Conversely, if other area developer(s) initiate development activity, and are similarly conditioned, this project will be required to reimburse said developer(s) in accordance with the provisions of a reimbursement program. If the program is undertaken by this project, then paleontological monitoring of grading shall be required for cuts made during construction activity. Full time monitoring shall be required, given the ubiquitous distribution of paleobiological remains on the project site. The mitigating shall be done under the supervision of a qualified vertebrate paleontologist knowledgeable in both paleontological and archaeological sampling techniques. This program shall include a report identifying contact personnel who will be working on -site, the proposed time schedule for grading monitoring, the qualifications of the persons assigned to do such monitoring and the method to be used in reporting on compliance to the City. This report shall be approved by the City prior to the Developer authorizing any work on the program itself. *13. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The Applicant/Developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and aluminum cans. B . Developer shall provide proper on -site storage facilities within the project for green wastes associated with golf course and common area maintenance. Compostable materials shall be stored for pick-up by Waste Management, or an authorized hauler for transport to an appropriate facility. C. The Developer shall work with Waste Management towards establishment of a recycling center within the acres commercial site. D . Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. CONAPRVL.024 3 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 PUBLIC SERVICES/UTILITIES/RESOURCES City Fire Marshal: 14. All water mains and fire hydrants providing the required fire flows sha.be constructed in accordance with the City Fire Code in effect at the time of development. 15. The level of service required for this project should be aligned with the criteria for Category II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles B. Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall be prepared to identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. The analysis shall include consideration of the applicant's other proposals (SP 90-015 & SP 90-017) as well as existing and approved area projects. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La quints. Coachella Valley Water District 16. Specific Plan 90-016 is within Improvement District No. 1 of the Coachella Valley Water District (CVWD) for irrigation water service. Water from the Coachella Canal is available to the area. The Developer shall use this water for golf course and landscape irrigation. During project development all irrigation facilities shall be designated to utilize reclaimed water sources when such sources become available. *17. Applicant/Developer shall utilize alternative methods to use of water for dust control purposes, such as soil binders and ground covers ( required in these conditions) in order to further conserve water resources. Electric Utilities 18. All existing and proposed electric power lines with 12,500 volts or less, which are adjacent to the proposed site or on -site, shall be installed in underground facilities: CONAPRVL.024 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 Schools *19. Impacts shall be mitigated in accordance with the provisions of AB 1600, Section 53080 and 65995 of the Government Code or the then existing legislation and/or local ordinances adopted pursuant thereto or any applicable Mitigation Agreement entered into by the Developer and the District. In addition, the City, Developer and the Coachella Valley Unified School District shall cooperate in exploring alternatives to provide lands or facilities to the District, through joint use agreements, .dedications, or Mello -Roos District formation. Recreation *20. Applicant/Developer shall pay a parkland mitigation fee based upon a requirement of 3.53 acres, as determined based upon the La Quinta General Plan standards and the analysis in the Staff report for SP 90-016. Determination of this fee shall be accomplished as set forth in Section 13.24.030. B. of the La Quinta Subdivision Ordinance. Traffic/Circulation Improvements *21. Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, and as required by the City Engineer, as follows: A. Jefferson Street - Major Arterial, 60-foot half width except near the Avenue 52 intersection where the half width shall vary from 60 to 71 feet for a transition distance up to 500 feet in length to accommodate congruent width at the intersection for the north -to -west bound dual left turn lanes and through -lane alignment; B . Avenue 50 - Primary Arterial, 50-foot half width; C. Avenue 52 - Primary Arterial, 55-foot half width; The public right of way shall be dedicated by grant deed within 180 days following City Council approval of the Specific Plan. 22. The on -site private streets shall be constructed in 37-foot wide access easements granted to the homeowner's association. 23. Improved landscaped setback lots of noted width adjacent to the following street right of ways shall be constructed with the adjusted street improvements as follows: A. Jefferson Street, 20-feet wide; B. Avenue 50, 20-feet wide. C. Avenue 52, 20-feet wide. CONAPRVL.024 5 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 24. Vehicle access rights to Jefferson Street, Avenue 50 and 52 shall be vacated except for the two residential access streets and the two commercial access driveways into the commercial area and the maintenance facility shown on the Circulation Plan in the Specific Plan. +25 . Turning movements of traffic accessing the residential and commercial Specific Plan areas from adjoining public streets shall be as follows: A. Jefferson Street 1. Residential Area Main Gate - full turn movement. 2. Commercial Area Driveway - full turn movement. B . 50th Avenue 1. Residential Secondary Gate - full turning movements. oC. 52nd Avenue 1. Commercial Area Driveway - left and right turn in, right turn out only. D . Maintenance Facility Location 1. Entry drive - right turn in and out only +26. The access location into the commercial area on Avenue 52 shall be not less than 1000 feet from the Jefferson Street centerline. The access location into the commercial area on Jefferson Street shall be not less than 600 feet from the Avenue 52 centerline. The access location into the residential secondary gate on Avenue 50 shall be not less than 2600 feet from the Jefferson Street centerline. *27. Bus turnouts and bus waiting shelters shall be provided on Jefferson Street, 52nd Avenue, and 50th Avenue as requested by Sunline Transit when street improvements are installed. Street improvement plans shall be reviewed %y Sunline Transit Agency prior to final City approval. •28. All street improvements shall be installed in accordance with the General Plan, the La Quinta Municipal Code, adopted Standard Drawings, City Engineer's requirements and shall include all appurtenant components required by same. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the new improvements shall be designed and constructed as required by the City Engineer to assure the new and existing CONAPRVL.024 6 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 improvements are appropriately integrated to provide a finished product that conforms with city standards and practices. This includes tapered off -site street transitions that extend beyond specific plan area boundaries and join the widened and existing street sections. The on- and off -site street improvements shall be phased in a manner that is consistent with on -site subdivision maps and internal circulation needs of the specific plan area. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. ON -SITE STREETS 1. All private local streets - full width Local Street, 36 feet wide between curb faces; 2. Entry streets - divided street, 20 feet wide between curb faces for each roadway. B . OFF -SITE STREETS - The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land at the time the land is- subdivided or developed for beneficial use. If the ordinance is adopted, all land division maps within this project shall be subject to exaction by said ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the off -site street improvements for this project shall be as follows: 1. Jefferson Street (portion contiguous to specific plan boundary) - Half -width Major Arterial street improvements, plus extra width at Avenue 52 intersection. 2. Avenue 50 (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 100-foot right of way option. 3. Avenue 52 (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 110-foot right of way option. 29. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. CONAPRVL.024 7 CONDITIONS OF APPROVAL specific Plan 90-016 December 3, 1991 +*30. The Applicant shall provide an overall plan illustrating or describing provisions to allow multiple modes of non -motor vehicle travel throughout the entire specific plan area. This plan may utilize combinations of golf cart paths and tunnels, pedestrian walks, bikeways, etc., to achieve this. These systems shall also be designed to provide overall project access to the commercial site, and may cross Jefferson Street at grade if properly designed. This plan shall be submitted at the time of the initial tract map submittal, for review by the Planning Commission. HYDROLOGY/GRADING/DUST CONTROL *31. All project grading shall be done in a manner that permits storm flow in excess of the retention basin capacity to flow out of the project through designated emergency overflow outlets and into the historic drainage relief route. Similarly, the project shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that has historically received flow. *32. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basins or other approved retention areas on the golf course. The maximum water depth for any retention area shall not exceed six feet; basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless Applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to permanent irrigation improvements, landscape plants and materials, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The tributary drainage area for which the Applicant is responsible shall extend to the centerline of any public street contiguous to the site. *33. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with any rough grading plan in the specific plan area. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. *34. Prior to the issuance of grading permits, the Applicant shall submit a comprehensive blowing dust and sand mitigation plan on the entire site to the Planning and Development Department for review and approval. This plan shall include, but not to be limited to, consideration of the following means to minimize blowing sand and dust: implementation of Uniform Building Code requirements, development phasing, retention of existing trees, cultivation of interim groundcover or crops, the conservative use of water trucks and sprinkler systems and use of soil binders. CONAPRVL.024 8 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 *35. Applicant is encouraged to maintain all land within the project boundaries in agricultural status until such land is graded for development, provided that such agricultural production is economically feasible. In the event said undeveloped land is not continued or placed in agricultural production, Applicant shall plan and maintain said land in appropriate ground cover to prevent dust and erosion and to provide an aesthetically pleasing environment. 36. Applicant shall retain a California registered civil engineer, or designate one who is on Applicant's staff, to exercise sufficient supervision and quality control during construction of the project grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant to implement this responsibility shall provide the following certifications and documents upon completion of construction: A. The engineer shall sign and seal a statement placed on the "as built" plans that says "all ( grading and grades) ( improvements) on these plans were properly monitored by qualified personnel under my supervision during construction for compliance with the plans and specifications and the work shown hereon was constructed as approved, except where otherwise noted hereon and specifically acknowledged by the City Engineer". B . Prior to issuance of any building permit, the engineer shall provide a separate document, signed and sealed; to the City Engineer that documents the building pad elevations. The document shall, for each lot in the tract, state the pad elevation approved on the grading plan, the as built elevation, and clearly identify the difference, if any. The data shall be organized by tract phase and lot number and shall be cumulative if the data is submitted at different times. C. Provide to the City Engineer a signed set of "as built" reproducible drawings of the site grading and all improvements installed by the Applicant. *37. The Applicant shall be required, through grading permit approvals, to adhere to all requirements, as applicable, which are set forth in the 1990 SIP for PM 10 in the Coachella Valley. All grading plan submittals shall be shown to be in compliance with said plan. LAND USE +38. The commercial site, as proposed by the Specific Plan, shall be limited to 15 acres of net commercial development. The remaining six acres of this site shall be developed as passive, visual or active open space, housing, or a combination of these and other non-commercial uses. Plot plan approvals submitted for this site shall detail these proposals and adequately depict the plan's compliance with the intent of this condition. If the Applicant/Developer restricts a portion of this site for day-care facilities, this will also be considered as a credit toward the six acre non-commercial use requirement. coNAPRVL.024 9 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 39. No drive -through facilities (except for medical uses) shall be permitted within the 15 acre commercial site for Sp 90-016. 40. Plot Plan or Conditional Use Permit applications, as deemed necessary by C-P-S Zone requirements, shall be processed for the commercial site as deemed necessary by the Planning and Development Department at time of submittal for site plan review (see also 38 above) . 41. Street dedications, bikeways, easements, improvements, landscaping with permanent irrigation system and screening, etc. , to satisfaction of City, shall be provided by Applicant/Developer for any site(s) where dedication of land for public utilities and/or facilities is required. 42. Any proposed entry gates shall be subject to separate plot plan reviews to insure adequate stacking/queuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Design Review Board approval. 43. Separate Plot Plan review of the maintenance facility site shall be required before the Design Review Board and Planning Commission, with a report of action to be sent to the City Council. o+44 . Building heights for residential uses shall be subject to height limits specified in the Specific Plan, except that no building or structure, regardless of use, exceeding one story (24 feet in height) , shall be allowed within 200 feet of any perimeter property line/public street frontage. All building heights shall be measured from finished grade elevation. All other residential structures shall be limited to two stories, not to exceed 30 feet. 45. Perimeter security walls shall be subject to the following standards: A. Setback from right-of-way lines along Jefferson Street, 52nd Avenue and 50th Avenue shall average 20 feet. B . All wall designs, including location and materials, shall be subject to review by the Planning and Development Department . *C. Perimeter wall designs shall 'incorporate noise abatement requirements as set forth in the Final EIR for SP 90-016. 46. Applicant shall construct an eight -foot wide meandering bike path in the easterly parkway of Jefferson Street and landscaped setback lot in lieu of the standard six-foot wide sidewaand northerly parkways andgandscape setback sidewalk shall be constructed in the southerly lots of Avenues 50 and 52 respectively. 47. Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. CONAPRVL.024 10 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 48. A minimum 10 foot minimum average landscaped setback shall be required along the 2604 foot easterly boundary of the site, adjacent to Green Valley Ranches, to buffer potential impacts due to the existing Equestrian Overlay zoning in that project. Landscape design and overall layout of this buffer area shall be subject to review by the Design Review Board. Future tract maps in this area shall be required to prepare disclosure statements to homeowners regarding the proximity of equestrian uses to their property. Landscaping Requirements 49. Landscape and irrigation plans shall be prepared by a licensed landscape architect for the landscaped lots. The plans and proposed landscaping improvements shall be in conformance with requirements of the Planning Director, City Engineer, and Coachella Valley Water District and the plans shall be signed these officials prior to construction. 50. The Applicant/Developer shall prepare detailed irrigation and landscaping plans for required perimeter landscaped setbacks along arterial roadways. These plans shall be coordinated with the street improvement plans for the corresponding arterials, and shall be subject to review by the Planning and Development Department, Public Works Department, Design Review Board, and Planning Commission prior to review by Coachella Valley Water District. *51. Prior to issuance of any grading permit, the ' Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A. The use of soil binders during any construction activities and paving of construction access roads; B . Planting of cover crop or vegetation upon graded but undeveloped portions of the site; and C. Provision of wind breaks or wind rows, fencing, and/or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirement of the Director of Public Work and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand. 52. Prior to the approval of building permits, the Applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the use of drought tolerant and low-water usage landscaping materials, and CONAPRVL.024 11 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 programs to increase the effectiveness of landscape and golf course irrigation, as recommended by Coachella Valley Water District and the State Department of Water Resources. B . Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. C. Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. +53. Applicant/Developer shall submit a typical landscape plan for all golf course landscaping, which shall be designated to feature drought tolerant plant species, and the latest water conserving irrigation technology. The plan(s) shall be subject to initial review by the Design Review Board and Planning Commission, with a subsequent final review and acceptance by Coachella Valley Water district prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Planning and Development Department. Maintenance o54. The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the' improvement cost of major thoroughfare construction evenly and fairly on undeveloped land. If the ordinance is adopted, all land division maps prepared pursuant to this Specific Plan shall be subject to payment of fees, or construction of improvements in lieu of, as set forth in the ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. The fees shall be paid, or agreed to be paid, prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the cost of designing and installing traffic signals on off -site streets shall be as follows: A. Jefferson Street/Avenue 52: 25% fair share responsibility; B. Jefferson Street/Main Gate/Commercial Driveway: 100% fair share responsibility, plus signal interconnect between this signal and the signal at Jefferson Street/Avenue 52; C. Avenue 52/Secondary Gate: 100% fair share responsibility. CONAPRVL.024 12 BI#3 STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1995 CASE: SPECIAL ADVERTISING DEVICE 95-068 (LEGENDS OF GOLF) APPLICANT: LIBERTY MUTUAL - PAUL LEVANDOSKI (DIRECTOR OF OPERATIONS) REPRESENTATIVE: MS. JODY MEYER (SALES MANAGER) REQUEST: APPROVAL OF TEMPORARY OFF -SITE DIRECTIONAL SIGNAGE AND FLAG BUNTING FOR THE LEGENDS OF GOLF TOURNAMENT AT PGA WEST IN MARCH 1996 LOCATION: PGA WEST (TPC STADIUM GOLF COURSE) On June 13, 1995, an application was received requesting permission to install temporary off -site directional signs and flag bunting for the golf tournament to be held March 18-23rd (Attachment 1). Although last year was the applicant's first tournament in the City, they had held the golf event in Texas for 17 years. A copy of the signage request is attached (Attachments 2, 3, and 4) for your review. The applicant is requesting small signs with directional information depending on the placement of the sign. Approximately nine signs are proposed. The signs are located along Jefferson Street and 50th Avenue. Flag bunting will be used to supplement the directional signing request at six areas within the City. The applicant's minor temporary outdoor event permit (MTOE 95-095) for this event was approved by staff on July 5, 1995. In late 1994, the City Council approved an amendment to the Municipal Code transferring their approval powers for special advertising to the Planning Commission. Chapter 5.64 (Special Advertising) provides for a permit to be issued by the Planning Commission for advertising devices other than the usual and customary permanent identification signs. This includes directional signs as requested in this application. Section 5.64.020 provides, in part, that permits are to be issued for special purposes, "...and not on a continuing basis for permanent advertising or identification purposes", and further, "each permit shall be issued for a specific period of time subject to renewal for good cause shown." pcgt.108 The special off -site advertising for this event will ensure that patrons are able to find the golf tournament in a timely and safe fashion. 10X01916►J40! •►. By Minute Motion 95-_, approve Special Advertising Device 95-068 subject to the attached Findings and Conditions of Approval. Attachments: 1. Letter from applicant 2. Location Map 3. Sign Exhibit 4. Flag Bunting Exhibit 5. Golf course map 6. Draft Conditions of Approval pcgt.108 Fred Raphael Owner/Producer Director Maggie Hand irnament Coordinator Volunteers Sally Allen 'Marketing Director Paul Levandoski Operations Jodv Mever Sales o Ann Levandoski Sales Allyson Therrell Administration 5-920 PGA Boulevard A Quinta, CA 92253 619/777-1150 619/777-1157(fax) Mr. Greg Trousdell Associate Planner City of La Quinta P.O Box 1504 La Quinta, CA 93352 Dear Mr. Trousdell, I received your fax transmittal on the 8th of June. Thank you very much. As you will see, I have noted the directional and information sign locations on the city map. Also included is the diagram of the actual sign as it will appear, (it is attachment 4, the same one we used last year), for your review. The location of the bunting will be exactly the same as last year. They are: 1) La Quints Hotel at the Clubhouse 2) Two (2) at La Quinta Hotel Entrance 3) Two (2) In Downtown La Quinta 4) Washington & Eisenhower 5) Washington & 111 (west of the highway) 6) The Sandbar Restaurant Foley Advertising will be putting the banners up and will take them down. I have enclosed their liability insurance for you as well. Our Tournament dates for '96 are March 18th to the 23rd. We will hang the banners two weeks prior to that date. Again, Greg, I want to thank you for all you have done, past and present. I really appreciate your help in the permit process! Sincerely, .�. F-VIB1T .?� �D_CASE NO. Jody Me er Sales Manager 7T A�, j// 1 � , y I^ CASE No, CASE MAP Special Advertising Device 95-068 Directional Sign Location Map Q �� LEGENDSCF GC F 4 L PUIBLiC PARKING ^� TICKET ALES n WILL ;ALL F Typical Sign Size 24" by 36„ Material: White Sheet Vinyl with Blue Vinyl lettering (2111) Height : 60" CASE No. CASE MAP IF by 11" Angle Iron Post r� Special Advertising Device 95-068 Off -site: Advertising (Legends of Golf) 1 MUTU LEGENDS =� OF GOLF k` • APRIL 17 2 3 ., r s AVE- 54 'd1 un Q` Q' Vun .a.� A n o =1 Special Advertising Device 95-068 TPC Golf Course at PGA West CONDITIONS OF APPROVAL. •• RECOMMENDED SAD 95-068 LIBERTY MUTUAL (LEGENDS OF GOLF) JULY 25, 1995 1. The proposed temporary advertising has been determined to be exempt, Class 11, Section 15311(a), from the provisions of CEQA. 2. The conditions stated below are deemed necessary to protect the health, safety, and welfare of the community. 3. The temporary advertising is consistent with the standards of the Municipal Code of the City of La Quinta. 1. The applicant shall obtain an encroachment permit from the Public Works Department prior to placement of any advertising devices within the right-of- way. Advertising devices shall be located no nearer than three feet from the edge of pavement and shall not interfere with pedestrian traffic or necessary lines of sight for motorists. 2. The edge of signs located along streets with curbs shall not be any closer than 10-feet from the back of the curb. 3. The signs shall not obstruct vision of any traffic control devices or vehicles. 4. Written authorization from the property owner must be obtained before installation of a sign on private property. A copy of this authorization shall be provided to the City. 5. All directional signs may be installed two weeks prior to the event and shall be removed by the Thursday after the event. 6. A maximum of 15 directional signs shall be allowed for the golf tournament. Flag bunting will be allowed at six locations in the City that are stated in Attachment 1 conaprv1.324 BI#4 STAFF REPORT PLANNING COMMISSION DATE: JULY 25, 1995 CASE: PLOT PLAN 95-554 APPLICANT: CAAL THEATRES CORPORATION SIGN COMPANY: SIGNTECH LANDSCAPE ARCHITECT: KOBZEFF AND ASSOCIATES REQUEST: APPROVAL OF A SIGN PROGRAM AND LANDSCAPING PLANS FOR EIGHT-PLEX MOVIE THEATER LOCATION: NORTH SIDE OF HIGHWAY 111, MIDWAY BETWEEN WASHINGTON STREET AND ADAMS STREET WITHIN THE ONE ELEVEN LA QUINTA SHOPPING CENTER. The conditional use permit approving the eight-plex movie theater was approved by the Planning Commission at the meeting of June 27, 1995. The City Council accepted the report of action at the meeting of July 11, 1995. The approval is subject to a number of conditions including approval of a sign program and landscaping plans by the Planning Commission. The applicant has submitted a sign program and landscaping plan to comply with the requirements. As permitted by the approved sign program, the applicant is requesting signage which is in conformance with their corporate identify. The applicants are proposing a primary sign on the high tower structure facing Highway 111, as shown on the elevation plans which were approved by the Planning Commission June 27, 1995. Also facing south on the lower tower structure is an internally -illuminated reader board for the individual pictures playing at the theater. The applicant is proposing a new sign on the east elevation of the structure facing the driveway which runs along STAFFRPT.040 the eastern boundary of the site. The last sign proposed by the applicants is a free- standing, reader board -type sign adjacent to Highway 111. The main sign on the high tower will read "La Quinta 8" on two lines. The "L" and "Q", in La Quinta, will be 3-feet high with the remaining letters lower case and 2-feet in height. The overall length of "La Quinta" is proposed to be 17-feet 5-inches. The "8" is proposed to be 5-feet high by approximately 3-foot 8-inches wide and centered below "La Quinta". The overall size of this sign is approximately 57-square feet. The second building sign, which is proposed on the east facing elevation adjacent to the driveway would read "La Quinta 8" on one line. The capital letters and "8" would be 3-feet in height, with the remaining letters 2-feet in height and the overall length being 23-feet. Total square footage of this sign would be approximately 52-square feet. These first two signs would be internally -illuminated signs utilizing red plexi faces and trim cap with the aluminum returns being painted to match the stucco walls they are mounted on, according to the applicant. The proposed internally -illuminated reader board on the lower tower structure on the front of the building will be 16-feet long by 6-feet tall or approximately 96-square feet. This sign will be divided in two halves of 8-feet long by 6-feet tall and allow ten lines of copy. The copy, which will be in black changeable letters and will advertise the name of the movies playing, will be 8-inches in height. This sign will be recessed into the stucco as shown on the plans and have a "red brick" color divider and returns. The last sign proposed by the applicant is a free-standing, reader board sign which would be located adjacent to Highway 111 just east of Red Robin. This free-standing sign has been designed to be very similar to the Center identification sign approved for the Shopping Center. The overall width of this sign will be approximately 15-feet with the sign as shown by the applicant to be approximately 14.5-feet in height. The proposed two-sided sign will be placed perpendicular to Highway 111 and have a reader board to advertise the movies playing. The reader board will have a white plexi face and use 8-inch tall letters for the movie names. The reader board, itself, will be approximately 11-foot 6-inches long by 5-feet high. Above the reader board will be "La Quinta 8". The approved sign program for the One Eleven La Quinta Shopping Center allows corporate signage, which deviates from the sign program for national tenants. Caal Theatres, or Metropolitan Theaters (as they are also known as) has numerous other theaters throughout Southern California. Therefore, utilization of signage other than that approved for other tenants is warranted. Overall, staff feels that signage, as proposed, is acceptable. It should be noted that the sign on the east elevation, while not previously shown when the project was approved, can be permitted since STAFFRPT.040 frontage on the parking lot exists on that side. When the property across the driveway to the east develops it is possible that the sign on the east side of the building may not be visible or will have limited visibility to the east. The free-standing sign should be limited to a height of 11-feet, 6-inches which is the height for the Center identification signs. The applicant has submitted a working set of landscaping and irrigation plans for the proposed project. Landscaping is limited to the front of the building and against the building along the east side. The plans are similar to those originally reviewed. However, as required, tree sizes have been upgraded and palm trees provided along the east side of the building. Additionally, a bike rack and second bench is shown on the plans. The conditions of approval require additional trees to be provided which have not been shown. Generally, staff feels that landscaping and irrigation plans are acceptable with a minor revision. As previously, additional trees are required. Staff feels that at least one additional tree should be provided. This tree should be provided in the large turf area adjacent to the east end of the drop off area or in a tree well between the ticket sales area and westerly planter area. Staff feels that with minor revisions the sign program and landscaping plans are acceptable. Therefore, staff recommends by Minute Motion, approval subject to the attached conditions. 1. Partial site plan showing location of free-standing sign 2. Sign plans (large copies for Planning Commission only) 3. Landscaping and irrigation plans (large scale plans for Planning Commission only) STAFFRPT.040 CONDITIONS OF APPROVAL - RECOMMENDED FOR SIGNS AND LANDSCAPING PLOT PLAN 95-554 - CAAL THEATRES CORPORATION JULY 25, 1995 1. That sign program and landscaping and irrigation plans for this project are approved as noted on plans on file in the Community Development Department, subject to the following conditions. 2. That the maximum height of the free-standing sign shall be the same as the Center identification signs which is approximately 11-feet, 6-inches. 3. That the sign returns for all building -mounted signs, except the reader board, shall match the stucco surface upon which it is placed. 4. That poster signs and cabinets shall be permitted as shown on plans approved by Planning Commission on June 27, 1995. 5. That an additional 36-inch box tree shall be provided on the south side of the building with location to be subject to approval of Community Development Department prior to issuance of a building permit. 6. That proposed public art at southeast corner of pad site shall be taken into consideration when landscaping and irrigation are installed. CONAPRVL.332 ATTACHMENT # 1 AO ro'•'• .00 �.r • • � pRo 1 • `( • % P�07�f►W1 1 � • A�OR 9.400 SF THEATRE • C-3 I : 29,343 SF � Mai MAJOR = (gL06• f aatP2►1t) ,F 15. 000 SF gf SHOPS t 8020 SF • • 80' R ; ..........' PARCEL 3 / 128,505 SF ' 24 2,. 14' 24• • 24. 24• • ;p E a s� ..r•......•.�y■r..r.{■......w.....w■.�r.■...•.o..o...r.......iiw.•.••.�r ..............■..■ � • • 14 • • ���f� C • f �'' ins_ r �,29 SF �loo PAD S � r p • 690 SF • I• n r o A • 8 80' �'� ••.a ■ - /- ITHEATRE SIGN • ..ar.r.....`.r•...... ..•...Q.......... . r..r.rrr..r...•... ...4■. ■..•r....at...w.rf.r. :WN .� APPROVED S 1 GNAL MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 11, 1995 I. CALL TO ORDER. 3:00 P.M. A. This meeting of the Planning Commission was called to order at 3:12 P.M. by Vice Chairman Gardner who asked Commissioner Adolph to lead the flag salute. II. ROLL CALL A. Vice Chairman Gardner requested the roll call: Present: Commissioners Adolph, Anderson, Butler, Newkirk, and Vice Chairman Adolph. Absent: Commissioner Barrows and Chairman Abels. Commissioners Adolph/Butler moved and seconded a motion to excuse Commissioners Abels and Barrows. B. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Senior Planner Steve Speer, Principal Planner Stan Sawa, and Department Secretary Betty Sawyer. III. PUBLIC COMMENT: None IV. WORKSHOP A. Continued - Zoning Ordinance Update; a request of the City for a review and approval of the Zoning Code Update. 1. Principal Planner Stan Sawa informed the Commissioners of the Chapters that. had been reviewed. 2. CHAPTER 9.160 - Signs Page 007, Table 9 Eliminate "Building -mounted" from apartment building ID signs and change "top of wall" to six feet. For multi -tenant buildings or complexes eliminate "top of wall or". For free-standing apartment rental change the maximum area to six and eliminate "top of wall or", and require 15 or more units rental information. Change "Church and Institutional Uses" to "Other Residential Uses". ac7-t 1 1 Planning Commission Meeting July 11, 1995 Page 008, Table 9 Add to note: "Signs required by law shall be allowed at the minimum size specified." Eliminate "Permanent window signs". Add, "Free-standing center or complex ID sign". Add, "Building -mounted permanent window ID sign"; add under maximum area., "Under canopy sign maximum three square feet, one square lineal foot of lease frontage up to a maximum of 50 sq. ft., eliminate top of wall and add eight feet and second story in interior access no outside sign". For Building -mounted ID sign for individual commercial or office building for maximum number add "(one per side of building)". Eliminate Hotels and motels line. Page 009, Table 9 For Gas/service stations change the maximum area to 50 sq. ft., and eliminate 12 sq. ft. Vice Chairman Gardner recessed the meeting at 5:17 P.M. and reconvened at 7:02 P.M. V. PUBLIC COMMENT: None VI. PUBLIC HEARINGS A. Public Use Permit 95-016; a request of Desert Sands Unified School District for approval to construct their District Educational Services Center of approximately 164,000 square feet of floor space located northeast of the intersection of Dune Palms Road and 48th Avenue. Staff informed the Commission that the applicant had requested a continuance to the Commission's July 25th meeting. 2. There being no questions of staff, Vice Chairman Gardner opened the public hearing. As no one wished to address the Commission, it was moved and seconded by Commissioners Butler/Adolph to continue this item to July 25, 1995. Unanimously approved. B Zoning Ordinance Amendment 95-046; a request of the City for an approval of an amendment to the La Quinta Municipal Code by adding a new Chapter 5.80 and amending Chapter 9.154 relating to Adult Oriented Businesses (AE). PC7•t 1 2 Planning Commission Meeting July 11, 1995 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. In addition, staff informed the Commission of the necessary corrections to the draft Ordinance. 2. Commissioner Anderson asked if the Ordinance allowed the signage to be visible from the street. Staff clarified that signage would be dealt with as part of the Sign Regulations of the Zoning Code Update. 3. Commissioner Butler asked staff to clarify the locations where the AE businesses could be located and the location of the La Quints High School and the proposed District Facility on 48th Avenue. Staff displayed the locations on the map and explained the distances from the proposed AE sites. 4. Commissioner Newkirk asked if a new businesses located on Highway I I I and sold alcoholic beverages, would this business reduce the areas that would allowed AE businesses. Staff stated it would. 5. Commissioner Adolph asked if the Red Robin restaurant, which sells alcoholic beverages, was within the distance of an AE business. Staff stated it was not within the distance limitations. 6. There being no further questions of staff, Vice Chairman Gardner opened the public hearing. 7. Mr. Robert Tyler, 44-215 Valletta Court, asked if the proposed Ordinance was as stringent as other cities in the Coachella Valley, and if not, why not? City Attorney Dawn Honeywell stated in principal, it was as stringent, but the City is uniquely different in that it does not have any industrial zones. Therefore the City must address the issue in other ways that are defensible. In addition, a ban on nudity has been included as it was an area that the community was concerned about. The more uses and restrictions placed in the Ordinance the more challengeable to defend. It leaves more areas open to challenge. 8. Mr. Tyler asked why the City even allowed areas for AE businesses. City Attorney Dawn Honeywell stated that in dealing with the areas of free speech and the First Amendment, it is not possible to completely prohibit an adult business. PC7.11 Planning Commission Meeting July 11, 1995 9. Mr. John Detlie, 48-546 Via Amistead, reviewed the ordinance and stated he wished all AE businesses could be eliminated in their entirely. 10. Ms. Karen Holgate, Indian Wells, distributed a letter and stated she had met with staff and they had included a number of their concerns. Some areas that still remain to be addressed were: a. The Ordinance needs to be reworded as a "Sexually Oriented Ordinance" to agree with State law wording. b. Page 3 of the Ordinance, the 6th "Whereas" clause, is in conflict with Page 20, #Q and should read "two years for a misdemeanor and five years for a felony", or "five years for two or more misdemeanors", to be more consistent with court cases. C. Page 10, "his performances are not theatrical performances in theaters" the theatrical performance part leaves the City open to legal challenges. d. Page 10, the fourth paragraph, "Adult Motion Picture Theaters", add wording to address machines that now can take any denomination of money. e. Does not contain under definitions "Adult escorts, arcade, escort agency, massage parlors, nudity, state of nudity," etc. These need to be defined in the Ordinance. f. Page 2, revocation, needs to be included in the ordinance, as well as suspension clauses. 11. Rev. Bracy Ball, 44-430 Buttercup, in the enforcement procedures, is it spelled out how the enforcement procedures are to be accomplished. There are guidelines, but how are they enforced? If it is a violation of the Code, is their license withdrawn or does an appeal period begin, what is the time factor? City Attorney Dawn Honeywell informed Mr. Ball that in the revocation part of the Ordinance the reasons and procedures can be found. She; went on to explain the procedures. 12. Rev. Ball asked if on Page 19.1), if the 1500 foot distance limitation supersedes the 500 foot requirements in this portion. City Attorney Dawn Honeywell clarified the larger distance-1500 feet, only relates to schools; each is separate. Churches have a 500-foot distance provision. Rev. Ball asked that the larger distance be expanded to include churches. 13. Rev. Ball asked that if the Ordinance required a rear entrance only? If it did, he would recommend the Commission reverse this and require the patrons to enter through the front facing Highway 111. This would hopefully be a deterrent to the youth. PC7-1 1 4 Planning Commission Meeting July 11, 1995 14. Ms. Catherine Neneman, 78-805 Irwin Circle, as a new resident of La Quinta from. Los Angeles, where this type of business is second nature, moved here to get away from that type of lifestyle. They live north of Highway 111 and the City wants to keep this type of business away the Cove, yet the City intend to allow them to locate near their homes. Isn't there an area that could be re -zoned that would be more conducive to this type of business? She stated her concern about the welfare of the children, not for protection only, but because this type of business always peaks the childrens' interest. 15. Ms. Connie Baty, 78-900 Sonesta Way, who formed Citizens for a Quality Community. Clarified a comment in the newspaper that stated the group was formed from a "worry" of hers. They are a group of people that have a deep concern for the community, and feel they can have some control, and were not formed "out of a worry". They are pleased with the amendments that are proposed. They felt the Ordinance would help to protect the children and deter the businesses from coming, but there needs to be more work done. By addressing the areas mentioned by Karen Holgate it would help to strengthen the ordinance. She then stated the four points that were of major concern to her: a. Why do all the other cities call this type of Ordinance a "Sexually Oriented Business Ordinance" and La Quinta wants "Adult Entertainment". This is too vague and needs to be changed. b. Zoning is a major concern. They understand there needs to be an area allotted for these businesses, but they are requesting to be shown other areas of the City that have been considered for re -zoning. C. Distances - can the City explain why there are inconsistencies in the distances being required. City Attorney Dawn Honeywell explained the City did not want to allow the businesses in the entire City therefore, the Overlay Zone was created to restrict the areas it could be placed. The primary areas the City wanted to keep it from were schools and areas of high children activity. From there the City scaled down. The distances are arbitrary in that there are no hard lines. The City must show there are areas available for them to locate. d. Inconsistency in the Ordinance such as on Page 17,#22 referring to items the applicant must submit. City Attorney Dawn Honeywell explained the City was asking the applicant to show what was located within 500 feet of the proposed business to indicate to the City what uses could potentially be affected. This would then bring to the City's attention what is located in the area, help to orient the location of the use, and determine if the use could be located at the proposed site. Pc7-i 1 5 Planning Commission Meeting July 11, 1995 e. The Planning Commission should take their time to get this finalized as a good ordinance. 16. Ms. Lee Merryman, 51-345 Avenida Rubio, supported what had already been stated. Maybe rezoning could be considered further. Her concern is for the safety of the children as well as property values. 17. Mr. Joe Cook, 54-075 Avenida Juarez, stated that he had lived in La Quinta for six years and found it to be a nice community and felt this was a mistake and we are catering to the lust and wants of a small portion of the community. The City talks about distances from schools, distances from churches, parks, etc., when right across from the areas that allow AE businesses, are fast food restaurants with a high attendance of children. This should also be considered. The City of La Quinta doesn't need this type of business. The City needs to observe every legal restriction that can be considered to restrict such businesses. 18. Ms. Cheryl DePrew, 78-965 Sonesta Way, understood the City had conducted a poll of the businesses in La Quinta. She had spoken to some of these businesses that had received the survey and would like to have a questionnaire sent out to all the residents as well on this issue. 19. Mr. Paul Quill, 51-245 Avenida Rubio, agreed with what had been stated, reaffirms the comments of Karen Holgate and suggested the City Attorney be challenged to make the Ordinance even more restrictive. Stated his concern that the people looking to locate these businesses in our City, see our Ordinance as easier than the other cities to process through. The City needs to stretch the Ordinance to its limit to keep AE businesses out of the City. These uses could be very detrimental to the community. Supports the continents that have been made and would like to challenge the Planning Commission and City Council to tighten up the Ordinance as much as legally possible. 20. Mr. Brent Phillips, 78-820 West Harland, stated he supported the comments that had already been made, and asked that the distances be increased to the maximum to keep the allowable areas even smaller. He asked that the Planning Commission take their time to see that the Ordinance is done right. 21. Mr. Don Hay, 77-250 Fernando, asked if there was anyone who wanted these businesses. Why isn't the City fighting this with everything they had. Fight it and write an Ordinance that keeps them out. 22. City Attorney Dawn Honeywell explained the reasons massage parlors are dealt with in a totally different section is that they are required to have a Pc7.11 6 Planning Commission Meeting July 11, 1995 different type of licensing and therefore, are not considered under this Ordinance. She thanked Ms. Holgate for her input as her knowledge was more detailed about certain areas due to the length of time she had been fighting this cause. Staff will continue to consider her comments and input as the Ordinance is again revised for the City Council. 23. City Attorney Dawn Honeywell addressed the comment that "nobody wants these businesses and why doesn't the City just ban their existence". The real concern in doing this is, that the City could be left in a situation where the courts turnover the City's ban and the City is left in a situation of having to allow a businesses that is worse than what would have been allowed under the proposed Ordinance. The City wants to defend itself against the secondary effects. With the current limitations, the City is very close to the ultimate limits and is still defensible. Even though there are nine areas still available, two of the sites are too small. The number of locations will naturally be reduced as building occurs, to restrict AE businesses from being allowed. 24. Mr. Ernie Brazell, 44-400 Buttercup, stated the schools, churches, and parks, have many children in attendance, why do we need to have the distances different for each. Locate the AE businesses at Eagle Mountain. 25. Mr. Robert Metkus, La Quinta Highlands, asked why the City was in such a hurry to pass this Ordinance. Don't hurry, we want the City Attorney and the Community Development Director to do their job. How were the distance circles reached? What is the purpose for these circles and why did he not address how these areas came to be. Why is the City using Palm Springs' Ordinance to draft ours after? Palm Springs has the most concentration of these businesses. Are we opening ourselves up to allowing as many as Palm Springs has? Why not use Indio's Ordinance who has a very restrictive Ordinance instead of Palm Springs that has an Ordinance that has allowed so many of these businesses. 26. There being no further comment, the public hearing was closed. 27. Community Development Director Jerry Herman explained that the City has an Urgency Ordinance in effect at this time and it is in place for 45-days only unless Council decides to extend it. If the City continues to rely on the Urgency Ordinance, then we must rely on the distances in that Ordinance to approve any proposed use submitted to the City. As to how the distances were arrived at, staff started at one end of the Highway and worked across measuring the distances. As to where in the City an Industrial Zone could be created, Mr. Herman went on to explain that most of the City is zoned Pc7.11 7 Planning Commission Meeting July 11, 1995 Residential and a desirable location for these type businesses. The only alternative left was the Commercial area. Therefore, staff felt it was important to keep the AE businesses isolated in the commercial areas. If the City decreases these distances even further, the areas available are reduced and it makes the Ordinance less defensible. Staff went on to expand the distances and show the alternative distances that could be possible. 28. Commissioner Butler asked about re -zoning other areas in the City to Industrial. If the City started the process to re -zone, would this slow down the process of putting this Ordinance in place, or do we run into a problem that while we re -zone the City, we take the chance of allowing the AE businesses to occur. Staff stated that to re -zone an area of the City, the General Plan must be amended. State law only allows the City to do this four times a year. This process could take a minimum of four months just to get the re -zoning before the Commission. The Urgency Ordinance is only in effect for 45-days to give the City time to put the strongest Ordinance that it can into effect. 29. Commissioner Butler, asked if the City did go through this process, if somebody applied during that time, could the City prevent him from coming in. City Attorney Dawn Honeywell stated the City could pass a moratorium to prevent it from happening, but this would complicate the issue and the applicant could prove the City was trying to prevent the applicant from doing his business. Staff could take this recommendation to the City Council and they could continue to look into seeing if the Overlay Zone was in the proper place; or the Planning Commission could hold up the process until further review was completed to be sure of the zoning. This would require extending the existing Urgency Ordinance to allow time to see if there were any other areas that would be more beneficial to zone for these types of businesses. In addition, the Planning Commission could determine there was some merit in saying there might be some other area in the City more appropriate for the Overlay Zone, but did not want to hold up this Ordinance and therefore recommended approval of the Ordinance to the City Council to put this Ordinance in place. Another option to the Planning Commission, is to determine, that based upon the Commission's knowledge of the City at present, the City is predominately residential and has not wanted to have an Industrial Zone. Therefore, the Planning Commission could determine that it is not worthwhile to rezone any part of the City. 30. Commissioner Anderson stated that if the Planning Commission were to take the City's most intensive use and change it to Light Industrial, this would not relocate the AE businesses to any more desirable locations. There is no other PC7•1 1 8 Planning Commission Meeting July 11, 1995 place except the Highway 111 corridor to places these businesses. No area in the City would want to have this type of use any closer to their area. Commissioner Anderson stated he was not opposed to reducing some of the distances, but maybe staff could draw the map showing the different distances as options to determine if any other areas were possible. Options could be given to the Council to consider, by showing the selected areas with different distances. The City however, does not want to open itself up to court litigation. 31. Commissioner Adolph asked staff to explain Page 19, how these figures compare to other cities in the Valley, such as Indio. City Attorney Dawn Honeywell stated the ordinances that were used to draft this Ordinance included ordinances from the City's of Palm Springs, Palm Desert and Indio, as well as personal input from the community. Due to the amount of input, the Ordinance has taken on a character of its own. By using the distance of 1,500 feet, the City is now requiring a distance that is further than any other City now requires. Each city has its own area of being more restrictive than other cities and this is due to the different needs of each. With La Quinta having seven to nine areas available for AE businesses, the Ordinance remains defensible. 32. Commissioner Adolph stated the distance from schools is just as important as parks and the distances should be increased. City Attorney Dawn Honeywell stated this could increase some of the other distances. Community Development Director Jerry Herman showed on the map, areas that could be increased and the results. He further stated that unless you increase the residential distances it will have no effect on the current AE areas. 33. Commissioner Newkirk asked if restaurants that cater to children were included, would this help to eliminate some of the areas. Community Development Director Jerry Herman explained there were two areas that could be affected, but due to the size of those parcels, it was unlikely any AE business could be located there anyway. 34. Commissioner Butler asked if the City Attorney had reviewed the areas of concern submitted by Ms. Holgate. City Attorney Dawn Honeywell stated she had not seen the list before this meeting, but some of the areas of concern had already been included in the Ordinance. She would be carefully reviewing the list while preparing the Ordinance for Council review. She had no objection to changing the name to "Sexually Oriented Businesses" if it would make it more consistent with State requirements. Discussion followed as to whether the Planning Commission should continue the public hearing or recommend the matter to the City Council. Of course the question still remains as to whether the City Council wants to consider it further. PC7.11 9 Planning Commission Meeting July 11, 1995 35. City Attorney Dawn Honeywell stated she would include a section on family - oriented restaurants and distances to be required. 36. Commissioner Butler stated he felt the Ordinance should be recommended to the City Council for approval to see some of these areas protected. 37. Commissioner Anderson stated he was prepared to recommend approval with the distances increased. He felt this Ordinance was stronger than the one currently in effect. In addition, he would like to recommend that a thorough and complete review of Mrs. Holgate's statement listed in her "areas of concern" be included in the Planning Commission recommendation. 38. Commissioner Newkirk asked if the Planning Commission could recommend continuance and instruct staff to review and evaluate the changes brought up at this meeting and bring those changes to the next Planning Commission meeting. Community Development Director Jerry Herman stated this could be done however, it would only allow the Council one meeting to consider their recommendation. 39. Community Development Director Jerry Herman asked the Planning Commission to clarify whether or not they wanted to include family -oriented businesses in the Ordinance, was the entrance to the AE businesses to be a rear or front entrance from Highway 111, and did they want the distances measured from the property to the structure? 40. Commissioner Adolph asked if it would be appropriate to condition the Ordinance to contain the changes suggested by Ms. Holgate? City Attorney Dawn Honeywell stated she did not feel it was necessary as she was quite sure: Ms. Holgate would address her concerns at the Council meeting. 41. Commissioner Adolph stated he had a concern with the usage of the word "appropriate" on Page 2, F. City Attorney Dawn Honeywell stated it meant the Planning Commission felt these locations were the "most appropriate places of all the places the City has available". Discussion followed. 42. Commissioner Adolph questioned the wording used on Page 3, concerning the "conviction" that as soon as they are out of jail they could start again. It should state, "from the time released". City Attorney Dawn Honeywell stated she was obtaining information from a law firm that has a great deal of knowledge on this subject as well as First Amendment cases. The Ordinance would be reviewed again and staff would be discussing the issue with the firm as to changing the wording. PC7-i 1 10 Planning Commission Meeting July 11, 1995 43. Commissioner Adolph stated he did not think AE businesses, as stated here, fall into the category of freedom of speech, but rather freedom of expression. City Attorney Dawn Honeywell stated the courts would not agree with this. 44. Corranissioner Butler asked if the City went to 1,000 feet for uses other than the ones listed, including the family -oriented restaurants, would it restrict the AE businesses further? City Attorney Dawn Honeywell stated this would put La Quinta beyond other cities in the Valley and she would prefer adding family -oriented restaurants with a 500-foot limit and increase the church distance, even though it will not affect anything. In addition, the City could look into seeing if increasing the residential would cause any effect. 45. Commissioner Anderson stated he would like to see 750 feet from residential, 1,500 from recreation areas and public building, between businesses of like kind to 750 feet, and family -oriented restaurants to 750 feet. City Attorney Dawn Honeywell stated staff would need to map this out and see how many sites were left. City Attorney Dawn Honeywell asked staff to determine what effect the Desert Sands Unified School District Administration Center would have if the distance was increased to 1,500 feet. Community Development Director Jerry Herman made measurements on the map and stated this would decrease the number of sites available to about four. Staff could still increase the distance from liquor stores to 750. City Attorney Dawn Honeywell stated that three to four areas allowing the AE businesses is barely defensible. If any new use were to come in and knocked out any of the current sites, the City would have to come back and loosen up the other areas. 46. Commissioner Adolph stated he felt the City should worry about that at that time. If we are more restrictive than other cities, hopefully they would go to another city. 47. Commissioner Anderson stated he didn't want to open the floodgates by being too restrictive. The City needs to be at the edge. City Attorney Dawn Honeywell stated she felt that three to five a sites were enough locations to make it defensible. 48. City Attorney Dawn Honeywell stated she would increase public parks to 1500 feet and add family -oriented restaurants at 750 feet and give this to the Council for their review. 49. There being no further discussion, it was moved and seconded by Commissioners Butler/Anderson to adopt Resolution 95-029 recommending to the City Council adoption of the Sexually Oriented Business Ordinance as drafted with the addition of the amendments as listed below: Pc7-i 1 11 Planning Commission Meeting July 11, 1995 a. Add family -oriented restaurants with a distance of 750 feet. b. Staff review the prepared statement submitted by Karen Holgate and incorporate it into their recommendation to the City Council. c Relocate the entrance to the businesses to the front of the buildings. d. The distance from similar businesses be increased to 750 feet. e. Recreation and public buildings be increased to 1,500. f. Churches increased to 1,000 feet. g. The distance from any liquor stores increased to 750 feet. h. Change the name to "Sexually Oriented Businesses". I. As well as amendments recommended by staff. ROLL CALL: AYES: Commissioners Anderson, Adolph, Butler, Newkirk, and Vice Chairman Gardner. NOES: None. ABSENT: Commissioners Abels, Barrows. ABSTAIN: None. BUSINESS SESSION A. Specific Plan 90-015 and Specific Plan 90-016; a request of the KSL PGA West and KSL La Quinta Corporations for approval of a First Annual Review. 1. Staff informed the Commission that as two members of the Commission would have to withdraw due to a possible conflict of interest and as two members of the Commission were absent, this item would be continued to the Commission's next meeting of July 25, 1995. B. Conditional Use Permit 95-017; a request of Jim L. Jarnagin, La Quinta Car Wash for approval of preliminary landscaping plans for a car wash. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Anderson asked if there was berming in the front area of the landscaping. Staff stated that none was indicated. 3. Commissioner Anderson asked if the signage had been reviewed. Staff stated that it had been reviewed and approved. 4. Commissioner Butler asked if there was going to be any berming/landscaping on Highway 111. Staff stated it was to be completed as the other property was developed. 5. Commissioner Anderson asked how far the landscaping was set back from Highway 111. Staff stated it was approximately 100 feet. Pc7-i 1 12 ,. Planning Commission Meeting July 11, 1995 6. Commissioner Adolph stated he felt it was an excellent job that addressed all the Planning Commission's concerns. 7. Commissioner Anderson thanked the applicant for his presentation. 8. There being no further discussion it was moved and seconded by Commissioners Adolph/Butler to adopt Minute Motion 95-028 approving Conditional Use Permit 95-017 subject to conditions. Unanimously approved. CONSENT CALENDAR A. There being no corrections to the Minutes of June 27, 1995, it was moved and seconded by Commissioners Adolph/Anderson to approve the Minutes as submitted. Unanimously approved. COMMISSIONER ITEMS A. Commissioner Butler gave a review of the Council meeting of July 5, 1995. B. Distribution of Commission packets. Community Development Director Jerry Herman stated the Planning Commission packets would be available by noon on the Friday prior to the Planning Commission for pick up. It was suggested that the Commissioners make arrangements to pick up their packets on Friday at City Hall. C. Vice Chairman Gardner stated he had received a letter from someone in the audience stating the screen was too difficult to see. Staff stated they would address the problem. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Adolph/Newkirk to adjourn this meeting of the Planning Commission to a regular meeting on July 25, 1995. This meeting of the Planning Commission was adjourned at 9:13 P.M., July 11, 1995. PC7.11 13