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1995 04 11 PCPW ' OFT�t PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California April 11, 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 95-012 Beginning Minute Motion 95-015 CALL TO ORDER - Flag ,salute ROLL CALL PUBLIC COMMENT This is the time set aside for citizens to address the Planning Commission on matters relating to City plannmg 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. PC/AGENDA PUBLIC HEARINGS Item ............. Applicant ....... Location ........ Request ......... Action .......... 2. Item .......... Applicant ...... Location ....... Request........ . Action ......... BUSINESS ITEMS: - CONTINUED - SPECIFIC PLAN 94-026 - TRAVERTINE SPECIFIC PLAN, GENERAL PLAN AMENDMENT 94- 049, ENVIRONMENTAL ASSESSMENT 94-287 Travertine Corporation Portions of Section 3, 4, 5, and 33, Township 5 and 6 South, Range 7 East 1. Certification of an Environmental Impact Report 2. Approval of a General Plan Amendment from Low Density Residential (LDR) to Golf Course Open Space (G), Low Density Residential (LDR), Neighborhood Commercial (NC), and Tourist Commercial (TC). 3. Approval of a Specific Plan for 2,300 resort homes, two golf courses, resort hotel and commercial on 909.2 acres. Resolution 95- Resolution 95-_, Resolution 95-_, Resolution 95- STREET NAME CHANGE 95-006 La Quinta Volunteer Fire Department Old 52nd Avenue from Avenida Bermudas to its easterly terminus A request to change the name of Old 52nd Avenue to Francis Hack Lane from Avenida Bermudas easterly approximately 780-feet Resolution 95- Item ............ SPECIFIC PLAN 90-017 (PGA WEST 5TH COURSE EXPANSION) Applicant ...... KSL Recreation Corporation Location ....... East and west of Madison Street, north of 58th Avenue Request ........ Annual review of an approved development plan that allowed 880 dwelling units on part of an 18-hole golf course on 220 acres. Action ......... Minute Motion 95- 2. Item ............ SIGN APPLICATION 95-302 Applicant ..... Imperial Sign Comppany, Inc. Location ...... 78-483 Highway 111 Request ....... Approval to modify the master sign program for the Plaza La Quetta Shopping Center to allow an adjustment in the number of building signs allowed for the Beer Hunter restaurant at the southwest corner of Washington Street and Highway 111 Action ......... Minute Motion 95- CONSENT CALENDAR 1. Approval of the Minutes of the Planning Commission meeting of March 28, 1995. COMMISSIONER ITEMS. 1. Commissioner report of City Council meeting. 2. Discussion relating to a newly constructed detached garage at 79-720 Iris Court ADJOURNMENT PC/AGENDA STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 11,1995 SUBJECT: LA Q,UINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance review occurred on March 14,1995. At that time the Commission reviewed Chapters 9.10, 9.20, 9.30, 9.40, and 9.50. These chapters are currently being revised by Larry Lawrence of Lawrence Associates and Tom Davis of Terra Planning and Design. Attached Is,Chapter 9.60 (Supplemental Residential Regulations) for your review. Chapters 9.70 (Non - Residential District Regulations Chapter 9.80 (Permitted Non -Residential Uses and Chapter 9.90 (Non - Residential Development Standards) hopefully will be delivered with your packet on Friday. Also attached for review or for information only is Chapter 9.300 which is the Definitions Section. These definitions will help in reviewing the various sections of the Zoning Ordinance Update. RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update chapters and note any revisions appropriate at this time. Attachments: 1. Excerpt from Zoning Ordinance Update (Chapters 9.60, 9.70, 9.80, 9.90, and 9.300) PCST.212 CHAPTER 9.300: DEFINITIONS 9.300.010 Purpose and Applicability. This Chapter shall be known as the Zoning Code definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of this Code. The meaning and construction of words and phrases as set forth shall apply throughout this Code except where the context of such words or phrases clearly indicates a different meaning or construction. 9.300.020 Use of Terms. A. Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this Code: 1. The specific shall supersede the general. 2. The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the City decision -making authority. 3. In the case of any difference of meanings or implication between the text regarding a provision of the Code and any title, heading, caption, or illustration, the text shall control. 4. Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. 5. Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows: a. "And" indicates that all connected items or provisions shall apply. b. "Or" indicates that the connected items or provisions may apply singly or in any combination. c. "Either ... or" indicates that the connected items or provisions shall apply, but not in combination. 6. Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the City of La Quinta. B. Time Periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday, or a legal City holiday, in which case the next business day shall be the last day of the time period. DERNMONS [Draft: 3127195J 9.300.030 Definition of Terms. Abandoned means a structure or use, the development or operation of which has been ceased or suspended. Abutting or adjacent means two or more parcels sharing a common boundary at one or more points. Accessory building or structure means a building or structure, the use of which is subordinate and incidental to the main building or use on the same parcel. Accessory use means a land use subordinate and incidental to the principal use on the same parcel. Actual construction means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. Administrative office means a place of business for the rendering of service or general administration, but not including retail sales. Adult business or adult entertainment business. See section .... Advertising device or display. See sign definitions, section .... Alley means a public or private way not more titan 29 f�et permanently reserved as a secondary means of access to abutting property. Alteration means any physical change in the internal or external composition of a building or other structure. Animal hospital or animal clinic. See veterinary clinic. Antenna means a device for transmitting or receiving radio, television, satellite, microwave, or any other transmitted signal. Apartmentmeans a dwelling unit within an apartment building designed and used for occupancy by one family on a rental basis. Apartment building or Apartment project means a building or group of buildings in a single ownership with three or more dwelling units per building and with most or all units occupied on a rental AA DEFINITIONS [Draft: 31271951 basis. Area, project net. See Project net area. Attached structures means two or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds 30 inches in height above the finished grade. Attached dwelling or attached residential. See Dwelling, attached. Automobile repair specialty shop means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. Automobile service station. See gas station. means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day- to-day operation of motor vehicles. A convenience store or minimart accessory to the automotive use may be included. Automobile wrecking or Automobile dismantling means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. Awningmeans a roof -like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. Basementmeans a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. Bed and breakfast or 'B & B" means an establishment primarily engaged in providing temporary lodging (i.e. less than 30 days) for the general public with access provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided. Bedroom means any habitable room other than a kitchen, bathroom, hallway, dining room, or living room. Berm means a mound or embankment of earth. Billboard. See sign definitions in section .... Boarding house means any building or portion thereof with access provided through a common DEFINITIONS [Draft: 3127195 entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. Buildable area means the portion of a parcel remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. Building means an enclosed structure having a roof supported by columns or walls. Building height means the height of a building relative; to the surrounding ground area. Measurement of maximum building height is defined in Sections ... and .... Building, main means the building containing the main or principal use of the premises. Building, rlocatable means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobilehomes, construction trailers, and modular buildings. Building site means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the City's Subdivision Code. Building site area means the horizontal area within a building site expressed in square feet, acres, or other area measurement. Building site coverage. See Lot coverage. Building site, panhandle or flag. See Lot definitions Building site, through means a building site having frontage on two parallel or approximately parallel streets. [see "lot, through'] Business park. See Industrial park. Caretaker means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. Carport means a roofed structure or a portion of a building which is open on two or more sides for the parking of automobiles belonging to the occupants of the property. Cellarmeans a non -habitable building level which: (1) has more than one-half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half that of the floor immediately above. A cellar is not counted as a building story. 0 DEFINITIONS [Draft: 3127195] Certificate of occupancy or certificate of use and occupancy means a permit issued by the City prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. Child day care center or preschool means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. Child day care facility means, consistent with section 1596.750 of the state Health and Safety Code, a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes both child day care centers and child day care homes. Child day care home or family day care home means, consistent with section 1596.78 of the state Health and Safety Code, a child day care facility which regularly provides care, protection and supervision of 12 or fewer children in the provider's own home, including children under the age of ten years who reside at the home. City means the city of La Quinta. City council means the city council of the city of La Quinta. Cleaning plant or laundry plant means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Clinic, medical means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. Clubmeans an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. Code means this Zoning Code unless another code, ordinance or law is specified. Commercial means operated or conducted on a frequent basis for the purpose of financial gain. Commercial center. See Shopping center. Commercial recreation means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where 5 DEFINITIONS [Draft: 3/27/95 food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. Commercial vehicle means a vehicle customarily used as part of a business for the transportation of goods or people. Commissionmeans the planning commission of the city of La Quinta unless another commission is indicated. Community care facility. See Residential care facility. Community apartment project means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. Condominiummeans, consistent with section 1351 of the state Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. Congregate care facility means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one building and on contiguous parcels within the building site. Congregate livingfacility means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single family residences by operation of state law. (see also "residential care facility") Convalescent home or Convalescent hospital means a facility licensed by the state department of health services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home, or home for the aged. Conversion project means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. 3 DEFINITIONS [Draft: 3127195] Corner lot. See definitions under Lot. County means the county of Riverside unless another county is indicated. Day care center. See Child day care center. Decision -making authority or decision -making body means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city. Density means the number of dwelling units per gross acre, unless another area measurement is specified. Detached building or structure means a building or other structure that does not have a wall or roof in common with any other building or structure. Developmentmeans, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. Director or Planning and Development Director means the Planning and Development Director of the city or the Director's authorized agent or representative. District. See Zoning district. District, Nonresidential. See Nonresidential District. District, Residential. See Residential District. District, Special Purpose. See Special Purpose District. Drive-inor drive-thru means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. Driveway means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. 7 DEFINITIONS [Draft: 3127195] Driveway approach means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. Duplex means a permanent building containing two dwelling units on a single lot. Dwellingmeans a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, attached means a main dwelling unit attached to one or more other main dwelling units by means of a roof or interior wall. Dwelling, main or primary residence means the dwelling unit permitted as the principal use of a parcel, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, multifamily means a building containing three or more dwelling units on a single lot or building site. Dwelling, single-family means one main dwelling unit on a single parcel or building site. Dwelling, single-family detached means a single family dwelling not attached to any other main dwelling. Dwelling, patio home means a single family detached dwelling shifted to one side of the lot; i.e. placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal. Dwelling, two -unit attached means a main dwelling unit attached to one other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling, townhome means a main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling unit means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Dwelling unit, second. See Second residential unit. Easement means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land„ 8 DEFINITIONS [Draft: 3127195] Educational institution means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. Elevation means the vertical distance above sea level. Employee's quarters means quarters, with or without cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer. Enclosed means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. Exceptionmeans a city -approved deviation from a development standard based on the :Following types of findings by the decision -making authority: (1) A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and (2) One or more specific findings justifying the particular exception requested. Familymeans one or more persons occupying one dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodging house, club or motel. Family day care home. See Child day care home. Flag. See sign definitions, section .... Flag lot or panhandle lot. See definitions under Lot. Flood means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. Flood insurance rate map (FIRM or Flood boundary and floodway map mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. Floodplainmeans the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. 6 DEFINITIONS [Draft: 3127195] Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor area, gross. See Gross floor area. Floor area, livable. See Livable floor area. Floor area ratio means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. Fraternity house or Sorority house means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding sign. See sign definitions, section .... Front lot line. See definitions under Lot line. Gas station or service station. Garage means a building or portion of a building used primarily for the parking of motor vehicles. General plan means the General Plan of the city of La Quinta. Government Code means the California Government Code. Grade, average means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land. Grade, average finish means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land after final grading. Grade, finish means the ground elevation at any point after final grading. Grading means the filling, excavation or other movement of earth for any purpose. Granny flat or Granny housing means a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons 62 years of age or over, and (2) located on a parcel containing 10 DEFINITIONS [Draft: 3127195 an existing single family detached dwelling. The floor area of an attached granny flat does not exceed 30 percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed 1200 square feet. (See also Second residential unit). Grazing means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. Gross acreage means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross density. See Density. Gross floor are. means the total square footage of all floors of a building, including the exterior walls but excluding courtyards and other outdoor areas. Gross lot or parcel area. See Lot area, gross. Ground floor area means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Ground sign. See freestanding sign in sign definitions, section .... Guest house means an attached or detached dwelling unit which has sanitary facilities and which is used primarily for sleeping purposes by members of the family occupying the main residence and their non-paying guests. Habitable area see Livable floor area. Habitable room means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. Hazardous waste means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or flammability, or its physical, chemical, or infectious characteristics, may: 1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 11 DEFINITIONS [Draft: 3127195] Home for the aged. See Convalescent home. Home occupation means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See section .... Hospital means a facility licensed by the state department of health services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. Hotel means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a weekly basis and which has cooking facilities in less than 25 percent of the guest rooms. Identification sign. See sign definitions, section .... Industrial park, Business park, or Office park means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property. Intensity means the level of development or activity associated with a land use, as measured by one or more of the following: 1. The amount of parking required for the use per Section .... 2. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. 3. The floor area occupied by the use. 4. The percentage of the building site occupied by the use or by the structure containing the use. Interior lot line. See definitions under Lot line. Kennel or animal shelter means any property where four or more dogs, four or more cats, or other small animals over the age of four months, are kept or maintained for any purpose except veterinary clinics and hospitals, Kitchen means any room all or part of which is designed and/or used for the cooking or other preparation of food. Land use. See Use. Land use intensity. See Intensity. Landfill, sanitary means an area designed and used for the disposal of solid waste on land by 12 DEFINITIONS [Draft: 3127195 spreading it in layers, compacting it and covering it daily with soil or other approved cover material. Laundry plant. See Cleaning and laundry plant. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Live entertainment means any act, play, revue, pantomime, scene, dance, or song, or any combination of the foregoing performed in person by one or more persons whether or not they are compensated for their performance. Living Area. See Livable floor area. Lodging house. See Boarding house. Lotmeans an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. Types of lots and their definitions are as follows: ■ Corner lot means a lot abutting two streets intersecting at an angle of not more than 135 degrees. If the angle of intersection is more than 135 degrees, the lot is an "interior lot". ■ Flag or panhandle lot means a lot connected to the street with a narrow access portion less than 40 feet wide and more than 20 feet long and situated so that another lot is located between the main portion of the flag lot and the street. ■ Interior lot means a lot abutting only one street or abutting two streets which intersect at an angle greater than 135 degrees. ACCESS PORTION STREET 7MCO�R�NER kk L17T _�: FLAG LOT- REAR vARD MT9tlOR KEY LOT SATE YARD V1 � / INTERIOR LOT •• ABURMKi LOT LINE FRORf YARD THROUGH LOT a FRONf5REA GARNER J EI(TERIOR &DE YARD „ STREET Lot Types and Lot Lines ■ Key lot means a lot with aside lot line that abuts the rear lot line of one or more adjoining lots. ■ Reverse corner lot means a corner lot, the rear of which abuts the side of another lot. 13 DEFINITIONS [Draft: 3127195] ■ Through lot means a lot with frontage on two parallel or approximately parallel streets. Lot area means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. Lot coverage or Building site coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Lot frontage means the length of the front lot line. Lot line or Property Line means any boundary of a lot. The classifications of lot lines and their definitions are as follows: Front lot line means the following: • on an interior lot, the line separating the lot from the street; • on a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the Director shall determine the front lot line.) • on a through lot, the lot line abutting the street providing primary access to the lot. ■ Interior lot line means any lot line not abutting a street. ■ Rear lot line means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly -shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this Code. ■ Side lot line means any lot line which is not a front or rear lot line. Lowest floor means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP overlay district, section .... Manufactured home. see Mobilehome. Master plan of arterial highways means a component of the circulation element of the city's general 14 DEFINITIONS [Drab 3127195 plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. Master plan of drainage means an engineering report outlining the drainage facilities needed for the proper development of the city. Median means a paved or planted area separating a street or highway into opposite -direction travel lanes. Medical clinic. See Clinic, medical. Ministorage facility means a building containing various size storage compartments not exceeding 500 square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. Minor use permit. See section Mobilehome or manufactured home means a residential building transportable in one or more Sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. Mobilehome park or Mobilehome development means accommodate mobilehomes for human habitation, including recreation facilities, and other ancillary structures and facilities. and mobilehome subdivisions. See section .... Monument sign. See sign definitions, section .... any area or tract of land used to pads for mobilehomes, clubhouses, The term includes mobilehome parks Motelmeans a building or group of buildings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than 25 percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. Multifamily dwelling or residence. See Dwelling, multifamily. Net site area or Net lot area means the total land area within the boundaries of a parcel after ultimate street rights -of -way and easements that prohibit the surface use of the site are deducted. Net project area means all of the land area included within a development project excepting slopes with a ratio of 2:1 or steeper and those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. 15 DEFINITIONS [Draft: 3127195] Noncommercial coach means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. Nonconformity means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this Zoning Code. The term nonconformity does not include illegal uses, lots, or structures, i.e. which were not lawful when established or constructed. See section .... Nonconforming use means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See section .... Nonconforming lot means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See section Nonconforming structure means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See section .... Nursery, day care. See Child day care facility. Nursing home. See Convalescent home. Office park. See Industrial park. Official zoning map. See Zoning map. Offsite hazardous waste facility means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to: (1) Incineration facilities (i.e. rotary kiln, fluid bed, etc.); (2) Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities); (3) Stabilization/solidification facilities; (4) Chemical oxidation facilities; (5) Neutralization/precipitation facilities; or (6) Transfer/storage facilities. 16 DEFINITIONS [Draft: 31271951 Open space means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Open space, usable means open space which is predominately level (i.e. slopes less than five percent) but which may contain some steeper land (i.e. with slopes up to 20 percent) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of 15 feet in width and 300 square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways, or bicycle trails. Outdoor advertising sign. See Billboard in sign definitions, section .... Paragraphmeans a portion of this zoning code beginning immediately after an upper case letter e.g. A, and extending to the next such upper case letter, e.g. B. (Usage example: "...as stated in paragraph A of this section...") (see also Section and Subsection.) Parcel means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. Panhandle lot or flag lot. See definitions under Lot. Parking accessway means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. Parking structure means a structure which is open or enclosed and is used for the parking of motor vehicles. Parkwaymeans the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. Patio home. See Dwelling, patio home Permitted use means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code. Personmeans any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, 17 DEFINITIONS [Draft: 3127195 receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. Planned unit development means a residential, commercial, office, industrial or other type of development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. Pole sign. See sign definitions, section .... Portable sign. See sign definitions, section .... Precise plan or Precise plan of development means the plan or plans for a project, development, or other entitlement approved by the decision -making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. Precise plan of highway alignment means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. Primary residence. See Main dwelling. Principal use means the primary or predominant use of any parcel or structure. Project area means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. See also Net project area. Projecting sign. See sign definitions, section .... Property line means a lot line or parcel boundary. Public agency means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof. Rear lot line. See definitions under Lot line. Recreational vehicle or RV means any vehicle designed and used for temporary habitation, including motorhomes, travel trailers and camper shells. 18 DEFINITIONS [Draft: 3127195 Recycling means the process by which waste products are reduced to raw materials and transformed into new products. Relocatable building. See Building, relocatable. Residential care facility or Community care facility means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons, or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. (see also "congregate living facility") Residential, multifamily. See Dwelling, multifamily. Residential, single-family. See Dwelling, single-family. Restaurant means any use providing for the preparation, retail sale, and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive -through stores, bars, cocktail lounges, and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, drive-thru means a restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Rest home. See Convalescent home. Retail means the selling of goods or merchandise directly to the ultimate consumer. Reverse vending machine means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. Riding and hiking trail means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. Right-of-waymeans an area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. Roof sign. See sign definitions, section .... Roominghouse. See Boardinghouse. 19 DEFINITIONS [Draft: 3127195] Satellite dish antenna means an apparatus capable of receiving communications from a manmade satellite. Scenic highway means any highway designated a scenic highway by an agency of the city, state or federal government. Second residential unit, Second dwelling unit, or Second unit means a secondary dwelling unit which is not intended for sale but may be rented and which is located on a parcel containing a pre- existing single family detached dwelling. The floor area of an attached second unit does not exceed 30 percent of the existing floor area of the primary single family residence and the floor area of a detached second unit does not exceed 1200 square feet. (See also "Granny flat). Section means a portion of this Zoning Code beginning immediately after a six- or seven -digit number beginning with 9., e.g. 9.10.010 or 9.280.030, and extending to the next such six- or seven -digit number. (See also Subsection and Paragraph.) Senior citizen means a person 55 years of age or older. Senior citizen residence means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens. Senior group housing means a residential development which is developed or substantially renovated for and occupied by seven or more senior citizens. (Includes senior citizen hotels, retirement hotels, and senior citizen apartments.) Service means an act or any result of useful labor which does not in itself produce a tangible commodity. Service station. See gas station. Setbackmeans the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line, or other specified boundary. Shopping center or Commercial center means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property. Side lot line. See definitions under Lot line. Sidewalk sale or Parking lot sale means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also Special commercial event). 20 DEFINITIONS [Draft: 31271951 Signmeans any visual communication used to advertise, promote, command or inform, including but not limited to words, symbols and illustrations, together with all parts, materials, frame and background. See sign definitions, section .... Single-family dwelling or residence. See Dwelling, single-family. Single room occupancy (SRO) facility or SRO hotel means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared Site. See Building site. Site area, net. See Net project or site area. Site coverage. See Building site coverage. Site development permit or development permit. See section .... Slopeor slope gradient means the vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a 20 percent gradient" (usually used to describe natural as opposed to manufactured, slopes). Slope ratio means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes). Special commercial event means the temporary outdoor display and sale of merchandise by two or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center. (See also Sidewalk sale). Specific plan means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and state Government Code section 65450 et seq. Stock cooperative means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. Storage means a place where goods, materials, and/or personal property is placed for more than 24 hours. 21 DEFINITIONS [Draft: 3127195] Story means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. Streetmeans a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. Structure means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than 30 inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. Subsection means a portion of a section of this zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.010A. (see also Section and Paragraph.) Swimming pool means an artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. Temporary use means a land use established for a specified period of time and which is discontinued at the end of such specified time. Townhome. See Dwelling, townhome. Transient basis means for a continuous period of two weeks or less. Two -unit attached dwelling. See Dwelling, two -unit attached. Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the General Plan. Use or land use means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. Use permit or conditional use permit. See section Variance. See section .... Vehicular accessway means a private, nonexclusive vehicular easement affording access to abutting properties. 22 DEFINITIONS [Draft: 3127195] Veterinary clinic means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. Wall sign. See Building -mounted sign in sign definitions, section .... Wing wall means an architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. Yard means an open space on a parcel of land unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows: Front yard means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent. Rear yard means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the TYPES OF YARDS development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent. Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. Zoning code or Code means the zoning code of the city, i.e. Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. Zoning district or District means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. Zoning map or Official zoning map means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code. 23 CHAPTER 9.80: PERMITTED NONRESIDENTIAL USES Sections: 9.80.010 Development Permits Required ................... 5 9.80.020 NR Overlay Uses .............................. 5 9.80.030 Table of Permitted Uses ........................ 5 9.80.010 Development Permits Required. Table 9-... of this Chapter specifies whether a land use or structure is permitted within a zoning district. However, in most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Section .... 9.80.020 NR Overlay Uses. In accordance with the General Plan, no residential uses shall be established within the NR Nonresidential Overlay district except for incidental residential uses which: 1. Are a part of a larger mixed use project with predominantly nonresidential uses; 2. Are no more than 20 percent of the total project square footage;. 3. Are well integrated into the larger development, i.e. not a separate use; 4. Serve a legitimate necessary purpose for the development such as employee housing; 5. Have a high ratio of affordability; and 6. Are approved by the City as an integral part of the overall mixed use project. 9.80.030 Table of Permitted Uses. A. Uses and Structures Permitted. Table 9-...: Permitted Nonresidential Uses", following, spec- ifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a pdacipal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. W": Permitted as an accessory use or temporary use if a rmit is approved. 5. "T" : Permitted as a temporary use only. 6. " V : The use is prohibited in the district. B. Uses Not Listed in Table. Land uses which are not listed in Table 9... are not permitted unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed preceding (principal, accessory, conditional, or temporary use) in accordance with Section .... 5 4161951 PERMITTED NONRESIDENTIAL USES TABLE 9- ...e PERMITTED NONRESIDENTIAL USES DISTRICT P = Principal Use M = Minor Use Permit A =Accessory Use T = Temporary Use Permit. E 3 V L - x U: "o c 9 ,, C =Conditional Use Permit X = Prohibited Use °~ H ° J LAND USE CR CP CC CN CT CO CV UM MC Retail Uses Retail stores under 10,000 scq/ft floor area per business P A P P A A * P X Retail stores', 10,000-50,000 sq/ft floor area P C P X X A P C P P X P X X A X X A * * * X X P X X X Retail stores', over 50,000 sq/ft floor area Food, liquor, and convenience stores under 10,000 sq/ft floor area, open less than 18 hours/day' C X C C C X * C X Food, liquor, and convenience stores under 10,000 sq/ft floor area, open 18 or more hours/day' Plant nurseries and garden supply stores, with no C X C X X X * C X propagation of plants on the premises, subject to §... (Outdoor Storage and Display) Showroom/catalog stores, without substantial onsite P P P X X X * X X inventory General Services PI A P P P A P X Barber shops, beauty, nail and tanning salons and similar uses Miscellaneous services such as travel services, photo P A P P P A '` P X developing, videotape rentals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners -- except central cleaning P X P P P X * P X plants Printing, blueprinting and copy services P P P P P P * P X Pet grooming -- without overnight boarding P X P P P X * P X ' Such as supermarkets, furniture stores, appliance stores, building material stores (except lumber yards), and similar. ' With no consumption of alcohol on the premises. * [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)) N PERMITTED NONRESIDENTIAL USES 4161951 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (coot.) P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C W Conditional Use Permit X= Prohibited Use DISTRICT c o U U U C5 o 8 �° o 1 -a > 0 � H M w LAND USE CR CP CC CN CT CO CV UM MC Office Uses and Health Services Banks P X I P P I P P * P X General and professional offices P X I P P P P * P C Medical offices -- physicians, dentists, optometrists, chiropractors, and similar practitioners P X P P P P * P X Medical centers/clinics -- four or more offices in one building P X P C X P * C X Surgicenters P X P X X P * X X Hospitals C X X X X X * X C Convalescent hospitals C X C X X X * X C Veterinary clinics/animal hospitals, and pet boarding (indoor only) C C C X X X * X X Dining, Drinking, and Entertainment Uses Restaurants, other than drive-in or fast food P A P P P A * X A Restaurants, drive-in or fast food P A P C P A * X X Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar P P P P P P * P A Bars, taverns, and cocktail lounges C C C X C C * X X Dancing or live entertainment as a principal use C X C X C X * X X Dancing or live entertainment as an accessory use A X C C C C * X X Theaters, live or motion picture C X C X C X * X X [Uses consistent with The Village at La Quinta .Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] PERMITTED NONRESIDENTIAL USES (Draft: 4/6/951 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) DISTRICT P = Principal Use M = Minor Use Permit T= Temporary Use Permit o 4�� 0-8 � -3 � -A � Y A=Accessory Use C = Conditional Use Permit X = Prohibited Use o c L Q > a U U c36 LAND USE CR CP CC CN CT CO CV UM MC Recreation Uses Bowling, pool or billiard centers as a principal use C X C X C X * X X Pool or billiard tables as accessory use (3 tables or less) A A A A F A * X X Game machines, I I or more (as either a principal or C X C C X * X X accessory use) Game machines as an accessory use, ten or fewer A A A A A A * X X machines Golf courses and country clubs (see GC District X X X X C X * X X permitted uses, § ...) Tennis clubs or complexes C X C X X X * X C Health clubs, martial arts studios, and dance studios, M M M M M M * X A 5000 sq/ft floor area or less Health clubs, martial arts studios, and dance studios, C C C C C C * X X over 5000 sq/ft floor area Libraries and museums P X P C P P * X P Parks, unlighted playfields, and open space P P P P P P * X P Lighted playfields X X X X X X * X C Bicycle, equestrian and hiking trails P P P P P P * P P Indoor pistol or rifle ranges X C X X X X * X X Miniature golf/recreation centers C X X X C X * X X Assembly Uses Lodges, union halls, social clubs and senior citizen C C C C X X * X C centers [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] PV PERMITTED NONRESIDENTIAL USES 4161951 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P =Principal Use M =Minor Use Permit A W Accessory Use T = Temporary Use Permit C = Conditional Use Permit X =Prohibited Use DISTRICT ,a*- cQ18, U U ad 4� H � U M U U w U� w LAND USE CR CP CC CN CT CO CV UM MC Churches, temples and other places of worship C C C C X C * X X Mortuaries and funeral homes C C C X X X * X X Public and Semi -Public Uses Fire stations P P P P X P * P P Government offices and police stations P I P P P P P * P P Communication towers and equipment, subject to Chapter ... C C C C C C C C C Electrical substations C C C X X X * X C Water wells and pumping stations C C C X X X * X C Reservoirs and water tanks X X X X X X * X C Public flood control facilities and devices P P P P P P * P P Colleges and universities C X X X X X * X C Vocational schools, e.g. barber, beauty and similar C C C X X C * C C Private elementary, intermediate and high schools C C C C C C * C C Private swim schools C X C X X X * X C Train, bus and taxi stations C X C X C X * X C Helicopter pads X X X X C X * X C Public or private kennels and animal shelters (with indoor or outdoor pet boarding) X C X X X X * X C [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)) PERMITTED NONRESIDENTIAL USES 4161951 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (coot.) DISTRICT P = Principal Use M = Minor Use Permit �, o T = Temporary Use Permit A=Accessory Use W t 9 E a C =Conditional Use Permit X =Prohibited Use °" E 1 �� �° o n > o �w LAND USE CR CP CC CN CT CO CV UM MC Residential, Lodging, and Child Care Uses X X X X X X * P X Multi -family dwellings as a primary use § ... Residential as an accessory use, subject to § ... X X X X X X * M X Child day care facilities, centers and preschools as a principal use, subject to § ... (also, see Accessory Uses) C C C C X C * X C Senior group housing, subject to § ... C X X X X X * X X Rooming and boarding houses C X X X X X * C X Single room occupancy (SRO) hotels, subject to § ... C X X X X X * X X Emergency shelters P P P P P P * P P Transitional shelters C x X X X X * X C Mixed -use projects: residential and office/commercial C X X X X X * C X Hotels and motels C X C X C X * X X Caretaker residences M M M M M M * M M Automotive Uses (subject to §...: Outdoor Storage and Display) Gas and service stations C C C C X X "` X X Car washes C C C X X X * X X Auto body repair and painting; transmission repair X C X X X X * X X Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and C C C X X X * X X tune-up svcs -- not including major engine or drivetrain repair Auto and motorcycle sales and rentals C C X X X X * X X Truck, recreation vehicle, and boat sales C C X X X X * X X [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 10 PERMITTED NONRESIDENTIAL USES [Draft: 4161951 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) DISTRICT P =Principal Use M =Minor Use Permit o-A A = Accessory Use T =Temporary Use Permit o o is C = Conditional Use Permit X = Prohibited Use y°� o o -9 a �. O c° 5 � � c� c� c LAND USE CR CP CC CN CT CO CV UM MC Truck and/or equipment rentals C C X X X X * X X Auto parts stores, with no repair or parts installation on P P P C X X * X X the premises Auto or truck storage yards, not including dismantling X C X X X X * X X Private parking lots/garages as a principal use subject to C X C X X X * X X §..., Parking Warehousing and Heavy Commercial Uses (subject to §... : Outdoor Storage and Display) Wholesaling/distribution centers, with no sales to C P X X X X * X X consumers General warehouses, with no sales to consumers C P X X X X * X X Mini -storage warehouses X P X X X X * X X Lumber yards, outdoor (see retail stores for indoor X C X X X X * X X lumber sales) Pest control services C C X X X X * X X C P X X X X * X X Plumbing repair shops Contractor, public utility and similar equipment/storage C C X X X X * X C yards Central cleaning or laundry plants C C C X X X * X X Communication or relay facilities/antennas as a primary C C C C C C * C C use ' [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 11 n71n1./rTr•L1n rrnrlA77C7T-W7Arr7A1 TPZJ C lDraft: 4161951 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P = Principal Use M = Minor Use Permits A = Accessory Use T = Temporary Use Permit C= Conditional Use Permit X= Prohibited Use DISTRICT c c p �, t c c > o a 4N U. w LAND USE CR. CP CC CN CT CO CV UM MC Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood X P X X X X * X X Research and development P P X X X X * X X Recording studios P P X X X X * P X Bottling plants X P X X X X * X X Sign making, except sandblasting P P X X X X * X X Sign making, including sandblasting X P X X X X * X X Recycling centers as a primary use, collection and sorting only, subject to § ... X C X X X X * X C Offsite hazardous waste facilities, subject to § ... X C X X X X * X X Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, hotdog stands, etc.), subject to §... M M M M M M * M M Swimming pools as an accessory use M M M X A M * A A Signs, subject to § ... A A A A A A * A Fences and walls, subject to § ... A A A A A A * JA A Antennas and satellite dishes, subject to § ... A A A A A A * A Reverse vending machines subject to § ... A A A A X X * X A Recycling dro off bins, subject to § ... M A M M X X * X A [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 12 [Draft: 4161951 PERMITTED NONRESIDENTIAL USES TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P = Principal Use M = Minor Use Permit DISTRICT o A = Accessory Use T = Temporary Use Permit Use > ] C = Conditional Use Permit X = Prohibited o o w U U U U` LAND USE CR CP CC CN CT CO CV UM MC Incidental products or services for employees or businesses, such as child day care, cafeterias, and business support uses A A A A A A * A A Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the Director. A A A A A A * A A Temporary Uses Christmas tree sales, subject to § ... T T T T X X X T Halloween pumpkin sales, subject to § ... T T T T X X X T Stands selling fresh produce in season, subject to § ... T T T T X X '° X T Use of relocatable building, subject to §... T T T T T T '` T T Construction trailers and guard offices, subject to § ... T T T T T T * T T Special outdoor events, subject to § ... T T T T T T * T T Sidewalk sales, subject to § ... T T T T T T * T X Other Uses Fortune telling and palmistry C X C X X X X X Adult entertainment businesses, subject to § ...3 C X X X X X * X X Other principal, accessory or temporary uses not listed in this Table. Per § ..., Director or Planning Commission to determine whether use is permitted. 3 Property must also be located within the AE (Adult Entertainment) overlay district in accordance with § .... [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 13 CHAPTER 9.70: NONRESIDENTIAL DISTRICTS Sections: 9.70.010 Summary of District Regulations ..................... 1 9.70.020 CR Regional Commercial District ..................... 2 9.70.030 CP Commercial Park District ........................ 2 9.70.040 CC Community Commercial District .................. 2 9.70.050 CN Neighborhood Commercial District ................ 2 9.70.060 CT Tourist Commercial District ...................... 3 9.70.070 CO Office Commercial District ....................... 3 9.70.080 CV Village Commercial District ...................... 3 9.70.090 UM Urban Mix District ............................. 3 9.70.0100 MC Major Community Facilities District ............... 4 9.70.010 Summary of District Regulations. A. Purpose. This Chapter contains the purpose and intent of each nonresidential district. B. Permitted Uses. Section ... specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as minimum setbacks and maximurn building heights) for each nonresidential district are contained in Chapter .... D. Supplemental Regulations. Sections and page numbers containing supplemental regulations applicable to nonresidential uses are as follows: 9.100.010 Purpose and Intent ................... 19 9.100.020 Parking and Signs ................... 19 9.100.030 Fences and Walls .................... 19 9.100.040 Landscaping ........................ 21 9.100.050 Screening .......................... 21 9.100.060 Detached Accessory Structures ......... 24 9.100.070 Satellite Dish and Other Antennas ....... 25 9.100.080 Christmas Tree Sales ................. 25 9.100.090 Halloween Pumpkin Sales ............. 26 9.100.100 Produce Stands ..................... 27 9.100.110 Outdoor Vendors .................... 27 9.100.120 Outdoor Storage and Display .......... 28 9.100.130 Sidewalk Sales and Commercial Events .. 29 9.100.140 Special Outdoor Events ............... 30 9.70.020 CR Regional Commercial District. 9.100.150 Outdoor Lighting ................... 31 9.100.160 Caretaker Residences ................ 38 9.100.170 Construction Trailers and Guard Offices . 38 9.100.180 Relocatable Buildings ................ 39 9.100.190 Recycling Collection Facilities ......... 39 9.100.200 Trash and Recyclable Materials Storage .. 41 9.100.210 Noise Control ...................... 43 9.100.220 Operational Standards ................ 44 9.100.230 Hazardous Waste and Materials ........ 45 9.100.240 Service Station Standards ............. 47 9.100.250 Child Day Care Centers .............. 48 9.100.260 Senior Group Housing ............... 50 9.100.270 Single Room Occupancy (SRO) Hotels .. 50 9.100.280 Bus Stop Benches and Shelters ......... 51 A. Purpose and Intent. To provide for the development and regulation of regionally -oriented commercial areas located along the Highway 111 corridor as shown on the General Plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. NONRESIDENTIAL DISTRICTS [Draft: 4161951 B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 9.70.030 CP Commercial Park District. A. Purpose and Intent. To provide for the development and regulation of heavy commercial and light industrial uses located within the Highway 111 corridor as shown on the General Plan. Representative uses include automobile repair, warehousing and storage, office/showroom, office/warehouse, high-tech light manufacturing, and similar uses which serve the needs of the local and regional trade area B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 9.70.040 CC Community Commercial District. A. Purpose and Intent. To provide for the development and regulation of medium- to large-scale commercial areas located at the intersections of arterial highways as shown on the General Plan. The CC district is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services, and similar goods and services to meet the needs of a multi - neighborhood area. B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 9.70.050 CN Neighborhood Commercial District. A. Purpose and Intent. To provide for the development and regulation of small-scale commercial areas located at the intersections of arterial highways as shown on the General Plan. The CN district is intended to provide for the sale of food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area. B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. P NONRESIDENTIAL DISTRICTS [Draft,: 4161951 9.70.060 CT Tourist Commercial District. A. Purpose and Intent. To provide for the development and regulation of a narrow range of specialized commercial uses oriented to tourist and resort activity, located in areas designated on the General Plan. Representative land uses include destination resort hotels, conference -oriented hotels and motels, eating and drinking establishments, accessory retail and personal service shops, and recreational uses. B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 9.70.070 CO Office Commercial District. A. Purpose and Intent. To provide for the development and regulation of office -oriented uses serving the local and regional trade area, located as shown on the General Plan. Representative land uses include financial, medical, legal, professional service uses, and limited accessory retail uses. B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 9.70.080 CV Village Commercial District. A. Purpose and Intent. To enhance the Village area as the center of a year-round commercial, residential, recreational, and community government center in accordance with the General Plan and the Village at La Quinta Specific Plan. The CV district includes the areas designated Village Commercial and Urban Mix on the General Plan. Representative land uses include specialty commercial, eating and drinking establishments, professional offices, neighborhood commercial uses, and, within the Urban Mix area, high density residential uses sited above or adjacent to commercial uses. B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 9.70.090 UM Urban Mix District. A. Purpose and Intent. To provide for expansion of the Village commercial area into the area bordering on Tampico north of the village park, and to foster a distinctly "urban mix" configuration of 3 NONRESIDENTIAL DISTRICTS [Draft: 416195. commercial uses in that area with high density residential uses sited above or adjacent to the commercial uses. B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 9.70.0100 MC Major Community Facilities District. A. Purpose and Intent. To provide for major community facilities such as government offices, fire and police stations, post offices, public schools, libraries, community centers, and corporate yards at locations identified on the General Plan. B. Permitted Uses. Section ... lists permitted land uses. C. Development Standards. Section ... and Table 9- ... contain development standards and illustrations. 4 PH #1 STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 11, 1995 (CONTINUATION FROM MARCH 28, 1995) CASE NO: SPECIFIC PLAN 94-026 - TRAVERTINE SPECIFIC PLAN GENERAL PLAN AMENDMENT 94-049 ENVIRONMENTAL IMPACT REPORT - EA 94-287 FURTHER PLANNING CONSIDERATIONS: The above referenced applications and EIR were presented to the Planning Commission in a public hearing on March 28, 1995. Issues raised by various individuals during the public comment portion of the hearing included the proposed buffer at the toe of Martinez Slide not being wide enough; leap -frog development; access to hiking and equestrian trails; lack of infrastructure in project area; questionable character of the applicant; water consumption; access to the Slide; rocky topography of the project site; flood hazards; archaeological report; detail of the Specific Plan document; conflict of interest within The Keith Companies; environmental/development trade-offs; housing glut on the market. The meeting minutes contains the pertinent comments made concerning these issues. The Planning Commissioners expressed concern about providing access to the Ranch of the 7th Range; whether there would be a loss of homes or increased density with the buffer switch that is conditioned for; pedestrian access to the Slide; and the habits of the Bighorn Sheep.The Keith Companies has prepared a response to these concerns and issues for the Planning Commissions' review and consideration. Changes were made to some of the Conditions of Approval. The conditions that were modified at the March 28, 1995 meeting are designated with an asterisk in the Conditions attachment. RECOMMENDATIONS: 1. That the La Quinta Planning Commission, adopt Resolution 95-_, recommending to the City Council certification of the Final EIR for Specific Plan 94-026, in accordance with the findings attached to this staff report. 2. That the La Quinta Planning Commission adopt Resolution 95-_, recommending to the City Council approval of General Plan Amendment 94-049, as proposed. 3. That the La Quinta Planning Commission adopt Resolution 95-_, recommending to the City Council approval of Specific Plan 94-026, subject to the attached Conditions of Approval. Attachments: l.a. Planning Commission Staff Report of March 28, 1995 l.b. EIR (Draft & Final books) 2. General Plan Amendment Exhibit 3. Specific Plan (book) 4. EIR Resolution with Exhibits A,B,C,D,E 5. General Plan Amendment Resolution 6. Specific Plan Resolution with Conditions of Approval 7. EIR Distribution List 8. Letter of Opposition (Janice Harrison) 9. Letter from The Keith Companies (dated April 7, 1995) 10. Letter from Sierra Club (dated 3/28/95) 11. Letter from Eric R. Doering for CVUSD (dated 3/28/95) 12. 'Testimony of Howard Deck, Jr. PCLC.lo2 ATTACHMENT # 1 STAFF REPORT PLANNING COMMISSION MEETING DATE: MARCH 28,1995 CASE NO: SPECIFIC PLAN 94-026 - TRAVERTINE SPECIFIC PLAN GENERAL PLAN AMENDMENT 94-049 ENVIRONMENTAL IMPACT REPORT - EA 94-287 REQUEST: 1. CERTIFICATION OF AN INITIAL STUDY AND ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE PROJECT. 2. APPROVAL OF A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL (LDR) TO GOLF COURSE OPEN SPACE (G), LOW DENSITY RESIDENTIAL (LDR� NEIGHBORHOOD COMMERCIAL (NC), AND TOURIST COMMERCIAL (TC). 3. APPROVAL OF A SPECIFIC PLAN FOR 2,300 RESORT HOMES, TWO GOLF COURSES, RESORT HOTEL, AND COMMERCIAL ON 909.2 ACRES. APPLICANTIPROPERTY OWNER: TRAVERTINE CORPORATION REPRESENTATIVE/ ENGINEER: THE KEITH COMPANIES LOCATION: PORTIONS OF SECTION 3, 4, 5, AND 33, TOWNSHIP 5 AND 6 SOUTH, RANGE 7 EAST ZONING: EXISTING, SINGLE FAMILY RESIDENTIAL (R-1) GENERAL PLAN DESIGNATION: EXISTING: LOW DENSITY RESIDENTIAL (LDR - 2 TO 4 DUTAC) PROPOSED: NEIGHBORHOOD COMMERCIAL (NC) LOW DENSITY RESIDENTIAL (LDR - 2 TO 4 DUTAC) TOURIST COMMERCIAL (TC) GOLF COURSE OPEN SPACE (G) ENVIRONMENTAL CONSIDERATIONS: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 94-287 FOR THE PROPOSED PROJECT. BASED UPON THIS ASSESSMENT, THE PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. THEREFORE, AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED. PCST210 1 BACKGROUND: On October 17,1994 the Applicant's representative submitted an application for Specific Plan 94-026, and General Plan Amendment 94-047 to the Community Development Department. A Notice of Preparation was prepared for the Specific Plan to solicit comments on the suggested scope of the Environmental Impact Report (EIR) to be prepared for the project. An EIR was prepared in conjunction with another proposed (Winchester/Green) specific plan that neighbors the Travertine project. The Draft EIR was submitted to staff on January 18, 1995. The document was distributed on January 18, 1995, for the required 45 day comment period, which ended on March 4,1995. On January 19,1995, the City's Historic Preservation Commission reviewed and recommended approval of the archaeological report prepared for the Travertine Specific Plan. Pursuant to provisions of the California Environmental Quality Act (CEQA Guidelines 15090) the lead agency is required to certify Final EIR's as being completed in compliance with CEQA, and that the decision malting body of the lead agency did review and consider the information contained In the Final EIR, prior to approving or taking action on the project. Because the Planning Commission is an advisory body and is required to make a recommendation on the project itself, it is considered appropriate for the Commission to also make a recommendation to the City Council on certification of the Final EIR. This section is intended to give a brief summary to the Planning Commission on the pertinent EIR information which should be considered. Environmental Impact Report An Initial Study Environmental Assessment (EA 94-287) was prepared for the project, in conjunction with the proposed Green project, by The Keith Companies (TKC), in October of 1994. The Initial Study, along with the Notice of Preparation, was transmitted to 33 agencies or special interest groups for review and comment. In addition, the document was transmitted to all City departments, including the Riverside County Fire Department and the Sheriff's Department. A 30-day comment period was provided. Responses were received from the following: Imperial Irrigation District Coachella Valley Water District State Fish & Game State Historic Preservation Officer Bureau of Land Management George Meyer, Professor of Geology -College of the Desert Coachella Valley Mountains Conservancy La Quinta Chamber of Commerce City Departments The initial study prepared for this project identified general impacts which were not considered significantly adverse to the extent of requiring mitigation beyond applicable permitting requirements. Impacts to health were considered insignificant. PCST.210 2 The Initial Study determined that the proposed Travertine Specific Plan may have a significant effect on the environment, and an Environmental Impact Report was required for the project. The Initial Study identified potential or definite significant impacts in the following areas: Earth - geology, grading, erosion, geologic hazards Air - air quality, odors Pater - drainage, flood hazard, quality, quantity Biological Resources - diversity, endangered species, habitat, agricultural land Noise - increase Light and Glare - new sources Land Use - alteration of existing use Natural Resources - rate of use Risk of Upset Population Housing Transportation/Circulation - movement, parking, impacts, patterns, hazards Energy Public Services - fire, police, schools, parks & recreation, maintenance & roads Utilities - water Aesthetics - scenic vistas Recreation - quantity Cultural Resources - prehistoric archaeological resources Findings of fact based on these impacts will be prepared for the City Councils consideration when the project is presented to them for approval. Although there is no requirement in CEQA that the Planning Commission adopt these findings, there should be evidence in the record that the Planning Commission has considered the information. The City Council must adopt these findings upon certification of the Final EIR. UNAVOIDABLE ADVERSE IMPACTS: In conjunction with making the findings discussed above, the lead agency can not approve a project, for which and EIR has been prepared, unless it has been determined that any remaining significant adverse effects found to be unavoidable, as set forth in the findings required under CEQA Section 15091, are acceptable due to overriding concerns. For this project, the Final EIR indicates that impacts to land use, air quality, water, biology, and public services and utilities will remain significant even with proposed mitigation measures being implemented. CEQ,A Section 15093 allows a lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether or not to approve the project. If the benefits outweigh the environmental risks, then the adverse effect may be deemed "acceptable". If the lead agency finds this to be the case, it must state, in writing, the specific reasons to support its position based upon the Final EIR and/or any other information in the record. This is called a Statement of Overriding Considerations for review by the City Council at the time the project is to be approved. Although the Planning Commission need not adopt such a statement, it is important that the PCST.210 Commission be aware of this necessity and acknowledge this to the City Council in their recommendation. The City Council can certify the Final EIR with or without approving the project. Staff recommends that the following findings be made regarding the Final EIR: 1. The Final EIR prepared for Specific Plan 94.026 and its related applications has been completed in compliance with CEQA. 2. The Final EIR for Specific Plan 94-026 and its related applications was presented to the Planning Commission by the lead agency and that said Planning Commission reviewed and considered the information contained in the Final EIR prior to recommending approval of the project. 3. That there are significant environmental effects which can be reasonably mitigated if the proposed project is implemented and that findings as required under Section 21081 of the Public Resources Code can be and shall be made by the lead agency. 4. That the identified significant impacts cannot be mitigated to a level of insignificance based upon information in the Final EIR, and a Statement of Overriding Considerations shall be adopted to that effect. A Draft EIR was prepared by TKC for review and comment. The draft document was circulated according to the requirements of the California Environmental Quality Act (CEQA). The comment period ended March 4,1995. A Notice of Availability was published in the Desert Sun Newspaper on February 7,1995. The draft EIR was transmitted to those on the list in Attachment 9. Comments on the DER were received from the following entities: Southern California Gas Company Riverside County Sheriff's Department Professor George Meyer, College of the Desert State Fish & Game State Historic Preservation Office Cal Trans Imperial Irrigation District Regional Water Quality Control Board Coachella Valley Water District Bureau of Land Management Office of Planning & Research La Quinta Public Works Department Copies of these letters and responses to the comment letters are found in the Final EIR. General Plan Amendment In order to permit the development of two golf courses, resort hotel, and commercial uses, a general plan amendment is necessary to redesignate 421.2 acres to residential land use designations. In PCST21© addition, 362.9 acres are proposed for two golf courses, 27.2 acres for a resort hotel, and 10 acres for commercial. A total of 20.1 acres will be dedicated to the realignment of Jefferson Street, which will pass through the project. Chhan$e of Zone Corresponding to the proposed General Plan Amendment, a Change of Zone application will be required to make the permitted uses consistent with the proposed land use designations. Currently, the entire parcel is zoned Single Family Residential (R-1} The project has been conditioned to submit a request for the appropriate changes of zone. The proposed development consists of single family homes on Villa, Resort, and Estate lots. The total project site encompasses 909.2 acres; of this, 362.9 acres will remain open space. A conservation easement will be required for all open space areas that are 20% or more in slope, in order to preserve the hillsides, and to preserve access to the Martinez Slide. The residential development comprises 51% of the project site, and results in a net density of 2.5 units per acre on the developed portion of the site. Access to the project will be from Jefferson Street on the west, and Madison Street on the east. The currently proposed alignment will traverse the northern half of the western boundary and the central portion of the site as indicated in the Circulation plan contained in the Specific Plan. A series of residential streets will serve the project internally. Utilities will need to be extended to the project. All utility purveyors have indicated the willingness and/or the capacity to serve the project providing line expansions and needed facilities, such as substations, are constructed. The recommended Conditions of Approval cite specific requirements for utility service expansion. The proposed project will be developed in phases, with a projected 20-year buildout. If the alignment for Jefferson Street should require some revision, then so to will this portion of the Travertine project. The alignment must be approved and implemented prior to development of the specific plan. Public Comment: Staff has received several telephone inquiries about the project. No letters of support have been received by the general public, as of March 23,1995. A letter stating opposition to the project was submitted March 22,1995, by Janice Harrison. (See Attachment 8). STAFF CONCLUSION The staff of the Community Development Department has reviewed and commented on this project. There are no concerns in regards to the general design of the project, except that the possibility that a necessary revision in the alignment of Jefferson Street may necessitate minor revision in the design PCST.21C of the specific plan, and a switch in land uses to create a conservation buffer at the toe of Martinez Slide. The environmental issues and their associated mitigation measures discussed in the project EIR are acceptable to staff. Therefore, staff forwards a recommendation for approval of the project to the Planning Commission. 1. That the La Quinta Planning Commission, adopt Resolution 95-, recommending to the City _ Council certification of the Final EIR for Specific Plan 94-026, in accordance with the findings set forth in this staff report 2. That the La Quinta Planning Commission adopt Resolution 95- , recommending to the City Council approval of General Plan Amendment 94.049, as proposed. 3. That the La Quinta Planning Commission adopt Resolution 95-_, recommending to the City Council approval of Specific Plan 94-026, as proposed, subject to the attached Conditions of Approval. Attachments: 1. EIR (Book) 2. General Plan Amendment Exhibit 3. Specific Plan (Book) 4. EIR Resolution with Exhibits A, B, C, D, E 5. General Plan Amendment Resolution 6. Specific Plan Resolution with Conditions of Approval 7. EIR Distribution List 8. Letter of Opposition PCST.210 6 ATTACHMENT #2 CASE MAP CASE N0. GENERAL PLAN AMELVEM NT, 94-049 SCALE: RECCYNEMED LAND USE DESIGNATIMS ATTACHMENT #A PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 94-026 AS BEING ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED SPECIFIC PLAN 94-026 - TRAVERTINE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of March, 1995, continued to the 11th day of April, 1995, hold duly noticed Public Hearings to consider the request of TRAVEERINE CORPORATION for approval of a Specific Plan to allow construction of 2,300 resort homes, two golf courses, resort hotel, and commercial development on 909.2 acres, more particularly described as: BOUNDED ON THE NORTH BY 60TH AVENUE; 64TH AVENUE TO THE SOUTH; MADISON STREET TO THE EAST; JEFFERSON STREET TO THE WEST WHEREAS, Travertine Corporation has proposed a Specific Plan on 909.2 acres, consisting of 2,300 resort dwelling units on 481.2 acres, 362.9 acres of golf course, 27.2 acres of resort hotel, 10 acres of commercial, and related uses; and, WHEREAS, an Environmental Impact Report (hereinafter "EIR"), has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of California Environmental Quality Act of 1970 (hereinafter CEQA), as amended (Public Resources Code, Section 21000 et seq.), that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and, RESOPC.145 Planning Commission Resolution 95 WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.), that the City shall balance the benefits of a proposed project against its unavoidable environmental risks prior to project approval; meaning that if the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable; and, WHEREAS, the Planning Commission of the City of La Quinta has read and considered all environmental documentation comprising the EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed project, is complete and adequate, and fully complies with all requirements of CEQA, the State Guidelines for implementation; and, WHEREAS, the Planning Commission has reviewed and considered certain overriding considerations to adverse impacts, the CEQA Findings and Statements of Facts; and, WHEREAS, prior to action on the project, the Planning Commission has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and, WHEREAS, Section 15093(b) requires, where the recommendation of the Planning Commission allows the occurrences of significant effects which are identified in the FEIR but are not adequately mitigated, the City must state in writing the reasons to support its action based on the FEIR and/or other information in the record; and, WHEREAS, CEQA and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of La Quinta, California, does hereby recommend to the City Council certification of the FEIR for Specific Plan 94-026 as adequate and complete. BE IT FURTHER RESOLVED that the Planning Commission of the City of La Quinta, California, in addition to findings made in the body of the ,Final EIR, recommends to the City Council that the Statements of Overriding Considerations as shown on attached Exhibit "A" entitled "Statement of Overriding Considerations", which is incorporated herein as though set forth at length. BE IT FURTHER RESOLVED that the Planning Commission of the City of RESOPC.145 Planning Commission Resolution 95 La Quint,% California, recommends to the City Council adoption of the CEQA Findings and Statement of Facts as shown on attached Exhibit "B" entitled "CEQA Findings and Statement of Fact", which is incorporated herein as though set forth at length. APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 11th day of April, 1995. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPC.145 Travertine EXHIBIT "A" STATEMENT OF OVERRIDING CONSIDERATIONS 1. implementation of the project will indirectly result in the elimination of the negative impacts associated with vacant property in favor of a quality housing development and open space recreation facilities. 2. The proposed project is necessary to enhance the quality of life in the project area sought as essential and beneficial in attracting new residents, business, and visitors to La Quinta, and generally promoting increased investment and return on property values. 3. Impacts identified as significant from project implementation are generally associated with normal growth, progress, and prosperity. 4. The project will be instrumental in causing new area -wide public facilities to be constructed, which will benefit both existing development and other future adjacent development. 5. Specific plan project implementation will ultimately create new jobs for facilities construction, future development construction, the provision of public services for a larger population base, and to staff new business and operations associated with the specific plan. 6. Improvements to local roadways will occur that will increase vehicular efficiency and local access. 7. The City's economic base will be enhanced through revenues derived from increased sales, taxes, business licenses, and other fees, taxes, and exactions from new development. S. The proposed project is more restrictive in its development density than what would have been permitted when the project site was under County jurisdiction. DOCLC.050 Travertine EXHIBIT "B" CEQA FINDINGS AND STATEMENT OF FACTS The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of the significant effects, accompanied by a Statement of Facts supporting each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091) of the Guidelines). Because the proposed Specific Plan 94-026 constitutes a project under CEQA and the Guidelines, the Planning Commission of the City of La Quints, has required an Environmental Impact Report (EIR). This EUL has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with is project and other past, present, and reasonably foreseeable future projects. Further, the Planning Commission recommends approval of this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth herein are made: EFFECTS DETERMINED TO BE INSIGNIFICANT Through preparation of the Initial Study (Environmental Checklist form), the City identified that Implementation of the project would not have any significant adverse impacts on the following: Human Health: The project proposes the development of residential units a resort hotel and open space recreation. DOCLC.O52 EXHIBIT "C" SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED LAND USE: The Travertine property currently is designated as Low Density Residential in the La Quinta General Plan. The Travertine Specific Plan will require a change in land use designations for various portions of the project site in order to permit the development of residential units, a resort hotel, golf courses, and accessory commercial. The following designations are proposed: Low Density Residential, Neighborhood Commercial, Tourist Commercial, and Golf Course Open Space. A General Plan Amendment will be required in order to redesignate to the proposed land uses. It can be anticipated that development of this project will influence the present pattern of land use in the City of La Quinta. Findings• 1. The proposed project is not consistent with the existing General Plan Land Use designation of Low Density Residential or R-1 zoning designation for the commercial uses. 2. The required general plan amendment will mitigate General Plan inconsistencies. 3. The conversion of open space areas to urban uses will remain significant. 4. The unavoidable significant effect is acceptable when balanced against the facts set forth on the Statement of Overriding Considerations, giving weight to .the remaining unavoidable significant effect. AIR QUALITY: The primary impacts to air quality associated with project implementation will occur from vehicular -related emissions. Indirect impacts will occur from stationary sources, including increased electrical demand requiring combustion in power plants. The project air quality analysis indicates that the thresholds for NO2 and PM10 will be exceeded during the construction phases of the Travertine Specific Plan and is therefore significant. Findings: 1. Mitigation measures have been required for the project which will partially mitigate to the extent feasible the significant impact. 2. The project will have significant long-term impacts to CO, ROC, and NO2 emissions. DOCU-04T 3. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. WATER RESOURCES: The total water demand for the Travertine project would be approximately 5,566,212 gallons per day at full buildout. This project, together with other closely related past, present, and future project in the Coachella Valley, will result in reductions in the existing underground water supply which is currently in s state of overdraft, and will require further dependence on out-of-state water supplies. The impacts to the water supply within the Coachella Valley are considered cumulatively significant. Findings: 1. The proposed project will result in cumulative water impacts on the Coachella Valley. 2. Cumulative impacts remain significant due to the Coachella Valley's dry climate, exhaustible water supply, and increased dependency on imported water. 3. Potentially significant site disturbance impacts remain due to the unknown off site well and reservoir locations required by the proposed project. 4. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. BIOLOGY: The Travertine project would eliminate a portion of the population of a sensitive plant, the California barrel cactus, which was found on the rocky plains and slopes on the site. This species is listed by the USFWS as a Category 2 species. Other sensitive plants that could be impacted are the triple ribbed milk vetch and the Cove's cassia. These are considered significant impacts. The project would remove essentially all existing biological resources from at least half of the nonagricultural portion of the site. The project would remove approximately 300 acres of natural desert habitat, which will be a direct and cumulative significant impact. The Travertine project would eliminate habitat for on -site wildlife species which are not considered sensitive species. However, this elimination is considered a significant impact. Habitat for sensitive birds found on the project site would be eliminated. These are the prairie falcon, black -tailed gnatchatcher, and the loggerhead shrike. These impacts are considered significant. Approximately 200 acres of formerly occupied desert tortoise habitat would be removed. This is considered a significant impact. The southeast area of the Travertine site is occupied habitat of the round -tailed ground squirrel, and coincides with the approximate location of part of the planned target golf course. The taking of round -tailed ground squirrel habitat is considered significant. DOCLCI.047 2 Findings: 1. The taking of sensitive plants is reduced by mitigation measures, but remains significant after mitigation due to the permanent removal of some sensitive plants. 2. The loss of natural habitat within the Coachella Valley remains unavoidable. 3. Impacts to the prairie falcon, blacktailed gnatcatcher, and loggerhead shrike habitats is lessened with implementation of the Habitat Conservation Plan, but remains significant after mitigation. 4. Impacts to the Palm Springs Round -tailed Ground Squirrels is lessened, but r e in a i n s significant after mitigation. 5. The taking of sensitive plants is reduced by mitigation but remain significant after mitigation. 6. The loss of natural habitat do -site is considered a significant and unavoidable impact. 7. Impacts to sensitive wildlife species present on -site have been reduced but remain significant after mitigation. 8. Impacts to sensitive bat species can be lessened by implementation of the Habitat Conservation Plan but remains significant after mitigation. 9. The incremental loss of habitat remains cumulatively significant and unavoidable. 10. The incremental loss of Sonoran Creosote Bush Scrub, Desert dry woodland plant and animal communities within the Coachella Valley is considered cumulatively significant and unavoidable. 11. The Travertine project specific and cumulative related impacts have been reduce the extent feasible, however, these impacts remain significant. 12. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations. giving weight to the remaining unavoidable significant effect. AESTHETICS: The existing viewsheds from the Travertine project (on -site and off -site) will be significantly altered as a considerable amount of open space views will be altered with buildings, landscaped areas, and lighting due to implementation of the project. The Martinez Rock Slide which provides a significant scenic vista will be impacted. DOCLCLO47 3 The proposed project in conjunction with other proposed projects will result in a cumulatively significant impact related to increased light and glare and a decrease in the existing open space view opportunities. Findings: 1. The Travertine project specific and cumulative impacts have been reduced to the extent feasible, however, these impacts remain significant. 2. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. POPULATION, HOUSING AND EMPLOYMENT: The Travertine project will result in a direct population increase of approximately 6,555 residents on -site. This project is not consistent with the population projections contained within the City of La Quinta General Plan Buildout analyses and is considered a significant impact. The project will increase the concentration of population in an area that is currently vacant open space, resulting in a significant impact. However, the development of these residential units will aid the City of La Quinta in meeting the goal established in the Housing Element of insuring the provision of adequate housing, including a range of housing types and costs for all existing and future residents of La Quinta. The project will result in population, housing, and employment and is not consistent with the City of La Quinta General Plan or SCAG's projections. Findings: 1. Project specific and cumulative population, housing, and employment impacts are considered significant and growth inducing. 2. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. PUBLIC SERVICES AND UTILITIES: Schools: The Travertine project will have a significant impact upon the local schools. Students generated by the proposed project will add to the existing and anticipated overcrowded conditions at the schools that will serve the site. Additional travel -related costs will be incurred by the Coachella Valley Unified School District and Desert Sands Unified School District, as a result of the increased traveling time and mileage associated with the project development. Cumulative impacts upon school facilities will result due to the existing state of overcrowding and the future increase of students generated by this and other projects. DOCM.047 Findings: 1. Mitigation measures have been provided to reduce impacts to the extent feasible. 2. Project specific and cumulative impacts remain significant. 3. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. Electricity: Implementation of the Travertine project will result in an increased demand for electricity services. This project in conjunction with other projects will result in a significant cumulative impact in electricity services. Findings: 1. Mitigation measures have been incorporated into the proposed project which will mitigate the project specific impacts to a levels of insignificance, however, the cumulative impacts remain significant on a growth inducing level. 2. The remaining unavoidable significant effect is acceptable when balanced against facts in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. Gas: Implementation of the Travertine project will result in an increased demand for gas services. This is a significant impact. The Travertine project will have a significant cumulative impact on a growth inducing level. Findings: 1. Mitigation measures have been incorporated into this proposed project, which will partially mitigate to the extent feasible this significant impact. 2. Cumulative impacts remain significant on a growth inducing level. 3. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. DOCIA.047 Solid Waste: The Travertine project will represent a significant increase in solid waste. This project in conjunction with other projects will pose a cumulatively significant impact. Findings: 1. Mitigation measures have been incorporated into the proposed project that will partially mitigate to the extent possible this significant impact. 2. Cumulative impacts remain significant. 3. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. DOCLC1.047 EXHIBIT "D" FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE TRAFFIC AND CIRCULATION: The Travertine Specific Plan is expected to be built out by the year 2020. The following intersections under General Plan buildout conditions require signalization to improve the Level of Service (LOSS with or without the Travertine Specific Plan. The ultimate development of the dwelling units, resort hotel, commercial, and open space uses in the project will generate a significant increase in local and regional traffic volumes. Findings: 1. Mitigation measures will be made a part of the project approval which will mitigate this impact to a level of insignificance. 2. The proposed project specific and cumulative traffic related impacts are mitigated to a less than significant level. NOISE: The proposed Travertine project will result in potentially audible noise increases at the following links: Madison St./North of Airport Blvd. Madison St/North of Avenue 58 Avenue 541West of Madison St. Avenue 581West of Madison St. This project will experience cumulatively significant audible noise increases at the following intersections: Avenue 62 east and west of Madison St. Madison Street north and south of Avenue 62 Monroe Street from the project site to Avenue 58 The following roadway links will experience potentially audible noise increase: Monroe StreetlNorth of Avenue 50 Avenue 541West of Madison Street DOCLC.051 Findings: 1. Mitigation measures will be incorporated into the project approvals that will mitigate these impacts to a less than significant level. WATER RESOURCES: The proposed Travertine project would generate approximately 710,632 gallons per day (gpd) of wastewater effluent at build out, which would be sent via the proposed system to the Mid -Valley Reclamation Plant. This would increase the daily treatment demand from 2.5 mgd to 3.2 mgd. The Coachella Valley Water District has indicated that they have the capacity of servicing the site. However, sewer service impacts remain significant since the project is bringing sewer service into an area that does not have existing facilities. Mitigation measures have been required for the project that will reduce these impacts to a level less than significant. Findings: 1. Project specific water and sewer impacts are mitigated to a less than significant level. SOILSIGEOLOGYISEISMIIC: The Travertine Specific Plan proposes to construct on rubble land (RUB, Rock outcrop (RO), and Carrizo Stoney sand (CcC� These soils are not considered suitable for homesites. The nature of these soils are not conducive to homesites or golf courses because the granitic rock and boulders in these areas would subject people to potentially hazardous rockfall conditions. Soils erosion impacts from development within these areas are considered significant and adverse if not mitigated properly. This project would develop single-family residences, a resort hotel, and two golf courses within Groundshaking Zone III. These land uses are considered normal and low risk land uses and are provisionally suitable. However, the entire development would be subject to potential seismic -related impacts. The project site may be subject to erosion due to active uplift of regional faults, relatively soft rock units, sparse vegetation, and seasonal rainfall. Slides could occur from adjacent existing formations such as the Martinez Slide onto the project site. Findings: 1. There is potential hazards from high wind erosion, seismic events, and landslide activity to the project. 2. Mitigation measures and project changes will be incorporated into the project in order to mitigate these hazards to a level that is less than significant. DOCLC.051 2 HYDROLOGY: The Travertine Specific Plan proposes a drainage plan to circumvent the impacts associated with stormwater flows. This project in conjunction with other past, present, and foreseeable future projects will not impact downstream receiving waters. Mitigation measures will be required for the project that will reduce impacts associated with hydrologic issues to a level that is less than significant. Findings: 1. There is a potential for the project to be impacted by the historical flows of stormwater runoff. 2. Mitigation measures will be required for this project that will mitigate these impacts to a level that is less than significant. BIOLOGY: The Travertine project would eliminate habitat for wildlife species on -site. Potential indirect impacts to the bighorn sheep which may frequent the hills overlooking the project site to the west and south are considered significant. However, the projectwill be required to ensure that a habitat management plan for the bighorn sheep is prepared and implemented. Elements of this management plan will Include but are not limited to: designating a buffer area separating the developed area from the toe of the slope; usage of sound walls; restrictions on outdoor lighting; usage of nonreflective surfaces; leash laws for pets; and education of property owners. This plan shall be prepared by a biologist expert in the study of the bighorn sheep and reviewed by the California Department of Fish and Game, prior to issuance of a grading permit. This plan will serve as mitigation that will lower the impact to a level that is less than significant. The Travertine project will remove approximately 200 acres of formerly occupied desert tortoise habitat, this is a significant impact. The applicant will be required to comply with the CDFG Findings: 1. The proposed project will have indirect impacts on the bighorn sheep that may frequent the hills overlooking the project site to the west and south. 2. These impacts will be mitigated to a less than significant level. 3. The proposed project will impact former habitat of the Desert Tortoise. 4. This impact will be mitigated to a level of insignificance. 5. The proposed project has the potential to significantly impact the blueline stream course on -site due to construction activities. 1DOCLC.O51 3 6. Impacts to the blueline stream course can be mitigated to a less than significant level. CULTURAL RESOURCES: Cultural resources were found on the Travertine project site. These resources consist of prehistoric archaeological sites and isolates. An archaeological survey and study was conducted on the project site to locate and determine the significance of the sites. The analysis determined that the archaeological sites are less than significant according to state criteria for such determinations. Findings: 1. Prehistoric archaeological resources were located and assessed on the Travertine Specific Plan site. 2. These cultural resources were determined not to be significant according to state criteria. RECREATION: The Travertine project would generate approximately 6,555 persons based on 2.85 persons per household. Although the project provides for significant recreational opportunities on -site, the project would increase the utilization of off -site parks and recreational facilities. This is considered a significant impact. Mitigation measures will be required to reduce this impact to an insignificant level. Findings: 1. The proposed project will have impacts upon the park and recreation facilities of the City. 2. This impact will be reduced through the required mitigation measures to a level that is less than significant. RISK OF UPSET: The Travertine project may expose people to contaminated soils on -site, hazardous substances, etc., due to the 229 acres of actively cultivated vineyards and maintenance areas. Impacts related to the risk of upset are project specific. Mitigation will be required prior to issuance of grading permits that will assess and remediate any actual contamination. DOCLC.O51 4 Findings: 1. The proposed project may pose a risk of exposure to contaminated soils as a result of cultivation activities on the project site. 2. This potential impact will be mitigated by the requirement for an assessment and appropriate remediation of any and all contaminated soils prior to issuance of a grading permit, which will reduce the impact to a less than significant level. PUBLIC SERVICES AND UTILITIES: Law Enforcement: Additional staff and service personnel will need to be increased as a result of the Travertine Specific Plan. It is estimated that six additional officers will be required with the development of the project site. Consultation with the Riverside County Sheriff's Department during site planning and design of tract maps will be required to provide any needed mitigation to this impact. Findings: 1. The proposed project will impact the existing level of law enforcement necessitating an increase in law enforcement personnel. 2. This impact will be mitigated by consultation with the Riverside County Sheriff's Department to provide the required level of service resulting in a less than significant impact. Fire Protection: The Riverside County Fire Department has estimated that the Travertine Specific Plan will require one fire defense facility, one pumper staffed with a minimum of two persons, and a truck company staffed with a minimum of three persons. This is a significant impact. This project in conjunction with other proposed projects will ultimately affect fire protection services. Mitigation measures will be required to lessen the impact to fire protection services. Findings: 1. The proposed project will result in significant impacts to fire protection services. 2. These impacts will be mitigated through payment of a fire mitigation fees to the City of La Quinta and the Riverside County Fire Department, and through compliance with fire protection development requirements. DOCLC.051 Medical Services: The proposed specific plan will impact the existing hospital and medical center facilities. The development of this project and others will result in a need for additional medical services, however, the medical facilities affected, continually forecast and anticipate growth in the area to ensure services commensurate with need. Findings: 1. The proposed project will impact the existing medical facilities. 2. No mitigation is proposed as these facilities anticipate growth in their facilities to provide services commensurate with the projected need. Electricity: The proposed Travertine Specific Plan will result in an increased demand for electricity services. The project -specific impacts related to the electrical needs of the Travertine project will be mitigated to a less than significant level through the requirement for expansion of the on -site and off -site electric lines and substations during project development stage. The developer will be required to pay all costs associated with the extension of such lines and substations. Findings: The proposed project will result in an increased demand for electrical services and facilities both on -site and off -site. 2. This increased demand for electrical services will be met by the developer doftft project development stage, which will reduce impacts to a level that is less than significant. Gas: Implementation of the Travertine Specific Plan will result in an increased demand for gas services. This is considered a significant impact. The project will contribute to a cumulative impact on a growth inducing level. Mitigation will consist of the developer paying for all required expansion of gas service to the project from the existing lines. The project -specific impacts will be mitigated to a less than significant level. Findings: 1. The proposed project will impact existing gas service and result in significant growth inducing impacts. DOCLC.051 2. The project -specific impacts will be mitigated to a level that is less than significant. Cable Service: The Travertine project will result in an increased demand for cable television services on the project -specific level. Necessary expansion of the on -site and off -site cable lines will be identified during the development planning stage. The developer will coordinate the installation of cable services with the local cable company. Findings: 1. The proposed project will result in an increased demand for cable services. 2. Mitigation measures will be required that will mitigate the project -specific and cumulative impacts related to the provision of cable service to a less than significant level. DOCLC.051 7 E%HIBIT "E" FINDINGS CONCERNING ALTERNATIVES TO THE PROPOSED ACTION: Prior to recommending adoption Specific Plan 94-026 , the Planning Commission has considered all of the alternatives presented in the Draft EIR and Final ED3 and finds that the alternatives other than the preferred alternative are infeasible based on economic, environmental, and other considerations as set forth below. Implementation of this alternative assumes that the project site would remain in its current land use as vineyards and open space. This alternative would avoid the impacts associated with all of the issue areas assessed by the EUL Although the No Project Alternative is the environmentally superior alternative to the extent that only the natural environment is considered, it would also mean that the projects objectives would not be achieved and the 2,300 housing units would not be built. This would reduce the future housing supply in the City of La Quints Based on these considerations, the Planning Commission finds that Alternative 1 is infeasible. � ,_ Alternative 2 would propose development of the project site utilizing the current General Plan land use designations of Low Density Residential (LDR) (2 to 4 dwelling units per acre), and Open Space (OS) (1 dwelling unit per 10 acres). Of the 909 acres, 861 acres are currently designated as LDR with the remaining acres designated OS. This alternative would result in a dwelling unit density of 2.0 d.uJacre being assumed for the LDR. Alternative 2 would only include residential units that were consistent with the General Plan designations. A decrease in the number of units from Z300 to approximately 1= units would result. This unit reduction might result in and increase in the preservation of existing biological habitat and open space resources. Implementation of Alternative 2 would result in fewer environmental impacts to land use, traffic and circulation, noise, air quality, water and wastewater resources, biology, recreation and populationlhousinglemployment. There will be similar environmental impacts to soiislgeologylseismic, hydrologylstormwater runoff, aesthetic and cultural resources, risk of upset and public services and utilities. Although Alternative 2 is considered environmentally superior to the proposed Travertine Specific Plan project in that it reduces impacts to eight different environmental Issues, 3 of the 8 reduced impacts will still remain significant after mitigation. The applicant's residential objectives would only partially be achieved with approximately 1800 dwelling units, and no recreational objectives would be achieved. Based on these considerations, the Planning Commission finds that Alternative 2 is infeasible. Alternative 3 for the Travertine site will provide higher density areas in which greater affordable housing opportunities will be provided in the La Quinta area. The clustering of dwelling units will partially mitigate impacts to biologically sensitive areas of the Palm Springs Round -tailed Ground Squirrel in the eastern portion of the project site, while increasing the bighorn sheep setback in the southern portion of the property. Higher densities in these areas of the site will allow clustering to preserve more desert DOCLC.OU scrub habitat with the proposed project. Implementation of Alternative 3 would result in fewer environmental impacts to traffic and circulation, noise, air quality, water and wastewater resources, biology, recreation and population/housing/employment This alternative will have similar environmental impacts to land use, cultural resources, geologylsoilslseismic, aestheticsivisual, hydrology/stormwater runoff, risk of upset, and public services and utilities. This alternative is considered environmentally superior to the proposed project in that it reduces impacts to seven different environmental issues. However, 4 of the 7 reduced impacts would still remain significant after mitigation. Development of alternative 3 will clustered and will transfer dwelling units from environmentally sensitive habitat Affordable housing opportunities will be made available for the City of La Quinta. This alternative meets most of the recreational and housing objectives of the applicant, however, it does not meet all of the objectives. Based on these considerations, the Planning Commission finds that Alternative 3 is infeasible. DOCLC.049 ATTACHMENT #%Ir PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 95-049 CASE NO. GPA 95-049 - TRAVERTINE CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of March, and the 11th day of April, 1995, hold a duly noticed Public Hearing to consider the request of Travertine Corporation for a General Plan Amendment from Low Density Residential designation to Neighborhood Commercial (NC), Tourist Commercial (TC), Golf Course Open Space (G), and Open Space, on ±909.2 acres generally located west of the Jefferson Street extension, south of 64th Avenue, north of 60th Avenue, and Madison Street to the south, more particularly described as: BEING A PORTION OF SECTIONS 3, 4, 5 AND 33, TOWNSHIPS 5 AND 6 SOUTH, RANGE 7 EAST, S.B.B.M. WHEREAS, said General Plan Amendment request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Department has completed a Draft and Final EIR, which have been reviewed and considered by the Planning Commission of the City of La Quinta. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said General Plan Amendment. The proposed General Plan Amendment, as requested, is consistent with the goals and policies of the La Quinta General Plan. 2. The proposed General Plan Amendment designations will replace the inconsistent land use designations on portions of the site. 3. The proposed land use designations are consistent and compatible with surrounding land use and zoning designations along with approval of Specific Plan 94-026. RESOCC.109 4. Approval of this proposal will not result in a significant adverse impact on the environment due to mitigation measures contained in the EIR which will be incorporated into the approval conditions for Specific Plan 94-026, except where overriding considerations are recognized in conjunction with the Final EIR prepared as part of this proposal. 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 in this case; 2. That it does hereby recommend certification by separate resolution of the Final Environmental Impact Report for this Amendment by the La Quinta City Council. 3. That it does hereby recommend City Council approval of the above described General Plan Amendment 95-049 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 11th day of April, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY BERMAN, Community Development Director City of La Quinta, California RESOCC.109 ATTACHMENT #6 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 94-026 CASE NO. SP 94-026 - TRAVERTINE CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of March, and the 11th day of April, 1995, hold a duly noticed Public Hearing to consider the request of Travertine Corporation for a 909.2 acre project, consisting of 2,300 residential units, two golf courses, a resort hotel, commercial, and open space/recreation on a site generally bounded on the north by 60th Avenue, 64th Avenue on the south, Madison Street on the east, and Jefferson Street on the west, more particularly described as: A PORTION OF SECTIONS 3, 4, 5 AND 33, TOWNSHIPS 5 AND 6 SOUTH, RANGE 7 EAST, S.B.B.M. WHEREAS, said Specific Plan request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Department has completed a Draft and Final EIR, which have been reviewed and considered by the Planning Commission of the City of La Quinta. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said Specific Plan. 1. The proposed Specific Plan, in conjunction with General Plan Amendment 94-026, is consistent with the goals and policies of the La Quinta General Plan. 2. The Specific Plan, as conditioned, is compatible with the existing and anticipated area development. 3. The project will be provided with adequate utilities and public services to ensure public health and safety. 4. Adherence to the mitigation measures identified in the Final EIR, which have been incorporated into the Conditions of Approval, will ensure that all identified significant impacts will be reduced to levels of non -significance, with the exception of impacts to issues, for which Statements of Overriding Considerations will be RESOCC.106 adopted by the La Quinta City Council. 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 in this case; 2. That it does hereby recommend certification by separate Resolution of the Final Environmental Impact Report for this Amendment by the La Quinta City Council. 3. That it does hereby recommend City Council approval of the above described Specific Plan request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 11th day of April, 1995, by the folloAring vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOCC.106 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 94-026 - TRAVERTINE CORPORATION APRIL 11, 1995 * Proposed by the Planning Commission at their meeting of March 28, 1995 GENERAL: 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the property to which they apply. 2. Specific Plan 94-026 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. 3. The development shall comply with Exhibit "A", the specific plan for Specific Plan 94-026, the Final EIR and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans shall be approved by the Community Development Department prior to issuance of a building permit. 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 tract map approval, the applicantideveloper shall prepare an overall plan or program for the provision of comfort station locations for all maintenance employees. This plan or program shall indicate station locations and design parameters and standards, and shall be subject to review by the Community Development Department. Said plan or 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 or program. 7.* This specific plan approval shall expire and become void within 2M we years unless extended by the Planning Commission through the approval of an annual program review. The annual review shall be requested at least 30-days prior to the expiration. 8. 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 applicantideveloper 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 extend the specific plan for one year. CONAPRVL.149 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 9. This approval shall be in compliance with the approval of General Plan Amendment 95-049. 10. The applicant shall obtain approval of the necessary change of zone in order for the project to be consistent with the proposed land uses. 11. 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 waste collection and recycling programs for this project. 12. If the applicant desires to phase improvements and obligations required by the Conditions of Approval, phasing plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The phasing plans are not approved until they are signed by the City Engineer. The applicant shall complete required improvements and satisfy obligations in the order of the approved phasing plan. Improvements and obligations required of each phase shall be complete 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. 13. Prior to the issuance of a grading or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: Fire Marshal * Public Works Department (Grading Permit, Improvement Permit) * Community Development Department * Riverside County Environmental Health Department * Coachella Valley Unified School District * Coachella Valley Water District (CVWD) * Imperial Irrigation District California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 14. 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. CONAPRVL.149 2 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 ENVIRONMENTAL 15. All adopted mitigation measures, as recommended in the Draft/Final EIR shall be incorporated into all future project approvals relating to Specific Plan 94-026 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 Specific Plan 94-026 area. Said mitigation measures are hereby incorporated into these conditions by reference. DEVELOPMENT STANDARDS: 16. Any proposed entry gates shall be subject to separate plot plan reviews to insure adequate stackinglqueuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Planning Commission approval. 17. Separate plot plan review of any maintenance facility site(s) shall be required with action taken by the Planning Commission, with a report of action to be sent to the City Council. 18. 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 (20-feet in height), shall be allowed within 200-feet of any perimeter property linelpublic street frontage. All building heights shall be measured from finish grade elevation. All other residential structures shall be limited to two stories, not to exceed 28-feet. 19. The requirements of the City's Off -Street Parking Ordinance shall be met concerning all supplemental accessory facilities (e.g., hotel, golf courses, tennis court complex, etc.). 20. This approval does not authorize the construction of a golf clubhouse, tennis building with tennis courts, gatehouses, and a maintenance facility at the general locations shown on Exhibit "A". These buildings' specific locations, design, height, and size shall be subject to separate plot plan review and approval by the Planning Commission. 21. All lighting facilities shall comply with Chapter 9.210 (Outdoor Light Control) and be designed to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval by the Community Development Department. The applicant shall submit plans for street lighting along roads, if any, for review and approval by the Community Development Department. 22. The minimum dwelling unit (living area) size for all residential units shall be 1,400 square feet (excluding attached or detached parking garage). CONAPRVL.149 Conditions of Approval Specific Plan 94-026 - Travertine Corporation March 28, 1995 23. The architectural style of the project shall be Spanish Colonial, Southwest Adobe, Pueblo, or other styles approved by the Planning Commission. 24. All roofing material within the project shall be clay or concrete tile barrel. The color of the roof tiles shall consist of desert hues. 25. All residencesldwellings are required to have illuminated building address numbers per the La Quinta Municipal Code. 26 * The specific plan shall be revised to switch the Estate Homes planning area with the golf course located at the southern portion of the project, to provide an open space buffer along the toe of the slope to provide access to 2@ UM ° DIM '29 seiendsts --- Native This buffer shall be a minimum of 300-feet from the toe of the Martinez Slide. PROPERTY RIGHTS: V. All easements, rights -of -way and other property rights necessary to facilitate the ultimate use of the subdivision and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a Certificate of Compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all required improvements which are located on privately -held lots or parcels. 28. 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 to those properties alternate rights -of -way or access easements on alignments approved by the City Council. 29. The applicant shall dedicate 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. Dedication required of this development include: A. Jefferson Street - half of full -width right-of-way for all frontage (full width for frontage on both sides} Width shall be as determined in the approved Jefferson Street alignment study. B. 62nd Avenue - full width right-of-way for all frontage. Width shall be as determined it the approved Jefferson Street alignment study. C. Madison Street - CONAPRVL.149 4 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 shall/ dedicate fu l; idth I.0hit q_f_ w�av• Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. The applicant shall dedicate street rights -of -way prior to required approvals of any proposed subdivision or improvements to land within the specific plan boundaries. If the City Engineer determines that public access rights to proposed street rights -of -way shown on the tentative map are necessary prior to approval of final maps dedicating the rights -of -way, then developer shall grant temporary public access easement s to those areas within 60-days of written request by the City. 30. The applicant shall dedicate 10-foot wide public utility easements contiguous with and along both sides of all private streets. 31. The applicant shall designate common area setback lots, of minimum width as noted (generally 20-feet in front of lots, 10-feet side, and five feet rears adjacent to the following street rights -of - way: A. Jefferson Street - 20-feet B. Madison Street - 20-feet C. 62nd Avenue - 20-feet Minimum widths may be used as average widths for meandering wall designs. If interior streets are private, the dedication shall be to a homeowners' association. If interior streets are public, the dedication shall be to the City. Where sidewalks, bikepaths, and/or equestrian trails are required, the applicant shall dedicate blanket easements over the setback lots for those purposes. 32. The applicant shall vacate vehicle access rights to Jefferson Street, Madison Street and 62n1 Avenue from lots abutting the streets. Access to these streets shall be restricted to that shown on the "Circulation" diagram in the specific plan. CONAPRVL.149 Conditions of Approval Specific Plan 94.026 • Travertine Corporation March 28, 1995 33. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 34. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this specific plan 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. 35.* The applicant shall provide a conservation easement that covers a minimum of 300-feet wide buffer at the toe of the slope of the Martinez Slides aWAMUM UM - W M Uo rlf l [°qk@ s1o`l�iso0"'"1''�.� U am (d2� OpHaaw M' o 0 0 0, 1 o 0 0 o B 2 a 8 0 0 M0 lam (ME 0I• WPM W9091 & @ffi Io U@ Q This easement shall be reviewed and approved by the Community Development Department, prior to recordation with the County Recorders Office. IMPROVEMENT AGREEMENT 36. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City for the tentative tract map, parcel map, or approved phase of development prior to approval of the map or phase or issuance of a certificate of compliance in -lieu of a final map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 37. 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. 38. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements (i.e., streets) and development -wide improvements (i.e., perimeter walls, common area and setback landscaping, and gates) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the engineer. 39. 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). CONAPRVL.149 6 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 Deferred improvements for this development include: A. Traffic signal at 62nd Avenue and Madison Street - 50% cost participation. The applicant's obligations for all or a pothoroughfare improvemenrtion of the deferred imrovements taprogram the if ithis option, be satisfied by participation i a major development becomes subject to such a program. CONAPRVL.149 7 Conditions of Approval Specific Plan 94.026 • Travertine Corporation March 28, 1995 IMPROVEMENT PLANS: 40. 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 and 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, parking lots, and water and sewer plans. Combined plans including water and sewer improvements shall have an additional signature block for the CVWD. The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscaping improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above, shall be in formats approved by the City Engineer. 41. 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 to the City Engineer. GRADING: 42. 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. 43. The applicant shall comply with the City's Flood Protection Ordinance. 44. 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. . 45. 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 confirm with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. CONAPRVL.149 8 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 46. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development but not sharing common street frontage where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 47. 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. 48. 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. DRAINAGE: 49. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained on site (rather than detained and released as proposed in the specific plan document). The tributary drainage area for which the developed is responsible shall extend to the centerline of adjacent public streets. 50. Stormwater shall normally be retained in common retention basins. Individual lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is determined by the City Engineer to be impracticable. 51. If individual lot retention is approved, the following conditions shall apply: A. Each private lot proposed for on -site retention shall be designed to receive and safely convey stormwater in excess of retention capacity, including inflow from adjacent properties. Front yards shall drain to the street unless constrained by the overall lay of the land. Basin capacity calculations and grading plans for each lot shall consider previously -approved grading plans for adjacent properties and shall be submitted, with copies of the previously approved adjacent lot plans, to the City Engineer for plan checking and approval. CONAPRVL.149 9 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 B. Prior to or concurrently with recordation of the final subdivision map, a homeowners' association or lot owner's association (HOA) shall be legally established and Covenants, Conditions and Restriction (CC & Rs) recorded. The CC & Rs shall stipulate the requirement for design, construction and maintenance of individual on lot basins and the required retention capacity for each individual lot. The CC & Its shall grant the HOA irrevocable rights to enter and maintain each individual retention basin and all other grading and facilities necessary for the stormwater retention design. The CC & Rs shall establish, in an irrevocable manner that: 1. The HOA has responsibility for the overall retention capacity of the development; 2. If the HOA fails to maintain the overall retention capacity, the City shall have the right to seek other remedies to restore and/or maintain the overall capacity or to establish or expand downstream facilities to mitigate the off -site effects of the HOA's failure to maintain the overall capacity; and; 3. The HOA shall promptly reimburse the City for any and all costs incurred in exercising such right. C. The final subdivision map shall establish a perpetual easement granting the City the right to enter and maintain retention basins and other drainage facilities and grading as necessary to preserve or restor the approved stormwater conveyance and retention design with no compensation to any property owner of the HOA. 52. 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. Retention basin slopes shall not exceed 3:1. IF retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 53. A trickling sand filter and leachfield to a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 54. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 55. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. CONAPRVL.149 10 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 56. 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. 57. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 58. 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, oillwater 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 an methods of treatment or screening shall meet the approval of the City Engineer and CVWD. UTILITIES: 56. 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. 60. 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. STREETS AND TRAFFIC IMPROVEMENTS: 61. The applicant shall be responsible for the cost of environmental studies or reports required in the realignment and/or construction of Jefferson Street south of 58th Avenue and 62nd Avenue west of Madison Street. The applicant may seek reimbursement for portions of the cost of said reports from other benefitting properties through any assessment districts which may be formed for improvement of Jefferson Street or through entering a reimbursement agreement with the City in accordance with the City's reimbursement policy. 62. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a Certificate of Compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. CONAPRVL.149 11 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 63. 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 and Supplemental Drawings and Specifications, and as approved by the City Engineer. 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. 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 3.01, a.c.14.5O" a.b. Collector 4.01115.00" Secondary Arterial 4.01116.00" Primary Arterial 4.51116.00" Major Arterial 5.51116.50" If the applicant proposes to construct a partial pavement section which will be subjected to traffic loadings, the partial section shall be designed with a strength equivalent to the 20-year design strength. 64. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 65. The City Engineer may require improvements extending beyond subdivision boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will insure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 66. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. Off -site portions of 58th Avenue, Jefferson Street and 62nd Avenue have several alignment issues that have been addressed by the Jefferson Street Alignment Stud1 which identifies a new alignment to resolve those issues. Development of this specifii plan shall not begin until off -site street improvements have been installed, by thi applicant or others, as follows: CONAPRVL.149 12 Conditions of Approval Specific Plan 94.026 • Travertine Corporation March 28, 1995 Realigned Jefferson Street from the north end of this development to 58th Avenue, and Madison Street from 58th Avenue to 62nd Avenue - at least two lanes (28-feet total paved width) plus 8-foot wide shoulders. The existing pavement on Madison Street from 58th Avenue to 60th Avenue may be incorporated in the new street section If grades are appropriate, failed areas of the pavement are repaired, and the existing pavement receives a 2.5 inch overlay of asphalt concrete. Improvement of portions of the above streets remaining under the jurisdiction of Riverside County will require the approval of that agency. 2. Jefferson Street and 62nd Avenue adjacent to development - Improvement section as determined by approved Jefferson Street alignment study. The applicant shall construct half -width 'street improvements for all frontage (full width for frontage on both sides). 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 medians where required. a one all fr�onta �e on the _ est side and full width mp_r�oluke"AII _1 (6,4_' :.1iacent o tal e �_a�. �Ge_nance f�acii�i�tw. So _t.�__ of pro _gs_ed main tenance ftaci�l�ity - (!Local S:t�r�eet, 40 fiee_t �__�� to �_����,, n�o median) - Tihe appllcan�t shall! eons:t�r�uct hal�i w�id�t�h ::t�r�eet 1�mp_rtolv�emen�ts cons st��n� of_ t�h;e a_ppl�ican�t�s half o___ the west s�i;de and e�i�,h�t feet of pau�e_inernt U � s an �i��. �t-Boot shout_ der on the eas:t snide of the ce_nterd�i�ne_ 4. Pro -rats participation in any traffic signals required by the approved plans or which become necessary at access points. Additional improvement widths may be necessary for bus turnouts, accelerationideceleration lanes and/or other features contained in the approved construction plans. B. PRIVATE STREETS AND CULS DE SAC 1. Residential - 36-feet wide if double loaded (buildings on both sides), 32-feet if single loaded. 2. Collector (z 300 homes or 3,000 vpd) - 40-feet wide. CONAPRVL.149 13 Conditions of Approval Specific Plan 94-026 - Travertine Corporation March 28, 1995 67. All streets proposed for residential or other access drives shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas. 68. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation" diagram of the specific plan. 69. Prior to occupancy of completed buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. LANDSCAPING 70. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Jefferson Street, 62nd Avenue and Madison Street. 71. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 72. 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. 73. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly- or commonly - maintained landscape areas. 74. 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. 75. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 76. Prior to 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 CVWD and the State Department of Water Resources. CONAPRVL.149 14 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 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. 77. The existing trees on the site shall be incorporated into the landscape plan wherever feasible. A tree retention plan shall be submitted to staff as part of the final landscape plan and prior to any site grading. 78. 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 Planning Commission, with subsequent final review and acceptance by CVWD prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Community Development Department. 79. Desert or native plant species and drought resistant planning materials shall be required for at least 90% of non -golf course planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. 80. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the CVWD for review and approval with respect to the District's Water Management Program. PUBLIC SERVICES - FIRE MARSHAL: 81. 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. 82. The level of service required for this project shall 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 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 identify a funding source to mitigate any impacts associated with any capitol costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. CONAPRVL.149 15 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 COACHELLA VALLEY WATER DISTRICT: 83. The applicant shall comply with the requirements of the CVWD as stated in the District's letter dated December 28 1994, attached to these Conditions of Approval. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. ELECTRICAL UTILITIES. 84 The applicant shall comply with the requirements of the Imperial Irrigation District as stated in the District's letter dated November 15, 1994, attached to these Conditions of Approval. SCHOOLS: 85. The applicant shall comply with the requirements of the Coachella Valley Unified School District, as stated in the District's letter dated November 16, 1994, attached to these Conditions of Approval. RECREATION: 86. Prior to any final map approval by the City Council, the applicant shall meet the parkland dedication requirements as set forth in Section 13.24.030, La Quinta Municipal Code and in compliance with the goals and policies of the La Quinta Parks and Recreation Master Plan. PUBLIC TRANSIT: 87 The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. QUALITY ASSURANCE 88. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 89. 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. 90. 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.149 16 Conditions of Approval Specific Plan 94.026 - Travertine Corporation March 28, 1995 MAINTENANCE 91. The applicant shall make provisions for continuous maintenance of landscaping and related improvements in landscaped setbacks, retention basins and other public or common areas until those areas have been accepted for maintenance by a homeowner's association (developments with private and/or gated interior streets) or the City's Landscape and Lighting District (developments without private or gated interior streets The applicant shall maintain all other improvements until final acceptance, by the City Council, of all improvements within each map or phase. 92. The applicant shall provide an Executive Summary Maintenance Booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency;;: and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. FEES AND DEPOSITS 93. 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. 94. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. 95. In order to mitigate impacts on public schools, applicant shall comply with the following: "Prior to the issuance of any building permits, the applicant shall provide the Community Development Department with written clearance from the DSUSD stating that the per -unit impact fees have been paid." 96. The California Fish and Game Environmental filing fees shall be paid. The fee is $850.00 plus $78.00 for the Riverside County document processing. The fee shall be paid within 24-hours after review by the City Council. 97. The applicant shall pay all fees and deposits required by the City for processing, plan checking and construction inspection. The fee and deposit amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. CONAPRVL.149 17 Conditions of Approval Specific Plan 94.026 • Travertine Corporation March 28, 1995 MISCELLANEOUS 98. The applicant shall comply with applicable provisions of the National Pollution Discharge Elimination system (NPDES) and the City's NPDES permit. 99. If the City finds it necessary to revise or abandon the Jefferson Street specific alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. 100. For all open space designated areas that are 20-percent or more in slope, a conservation easement shall be prepared for City review and approval prior to recordation V a@- M1-)91_ with the County Recorder's Office. 101. Prior to issuance of building permits, the developers) shall enter into negotiations toward a Mitigation Agreement to the mutual and reasonable satisfaction of the City of La Quinta, CWSD and the developer. CONAPRVL.149 18 ATTACHMENT # -i EIR DISTRIBUTION LIST City of La Quinta City Manager Engineering/Public Works Building & Safety Parks & Recreation Fire Marshal Sheriff's Department City Attorney Community Development Director Principal Planner (2) Associate Planner (3) Planning Commissioners (7) City Council (5) Responsible Agencies: Chamber of Commerce La Quinta Library Imperial Irrigation District Southern California Gas Desert Sands Unified School District Coachella Valley Unified School District Bureau of Land Management Waste Management U S Postal Service General Telephone Colony Cable Sunline Transit Coachella Valley Archaeological Society Building Industry Association - Desert Council City of Indio City of Coachella Coachella Valley Mountain Conservancy Coachella Valley Recreation & Parks U.S. Bureau of Reclamation Riverside County Planning Department Riverside County Environmental Health Coachella Valley Association of Governments Torres -Martinez Tribal Council U.S. Fish & Wildlife Service Desert Riders OPR George Meyer - COIF State Fish & Game Soil Conservation Service Siena Club Army Corp SCAQMD County Regional Paris Agency apR o7 195 12 c 59 TKC CM 2ND FL 3W 1 r.L'.0 A X41 THE KEITH COMPANIES April 7, 19" W. Jerry Herman Planning Director City of La Quinta Community Development Department 7&495 Calle Tampico La Quintal, CA 92253 Subject: Travertine and Green Specific Plan EIR ATTACHMENT #' Dear Jerry: The following attachment is a summary of issues we feel can be clarified for the Planning Commission prior to the April 11, 1995 meeting. Generally the issues raised fall into 5 issue areas: T 1. FIR issues Planning 2. Overriding Considerations 3. Jefferson Street Alignment Mitigated Negative Declaration Ergi�ea!rng 4. Availability of EIR and public participation ErWamena 5. Validity of MR and bias UiIM -W surve l The Keith Companies trusts this letter is responsive to the various issues raised, and we remain available to answer questions that you or the Planning Commission may have in Puaik Mora consideration of the Travertine Specific Plan. R.sa .6iturgl Res: Sincerely, THE KEITH COMPANIES Sa FF.Jacobs, REA Central Region Manager, Enviro=nemtal Services Attachment SFJ/TFEDsg cc: Tom Holm - Costa Mesa Mike Rowe - TKC Palm, Desert 9D� $Pr•1�'Al•PQ4r PC (714) 540-0800 1" N 0. Sox 2512Y. Santa Ana, CA 02799 2%5 Rea Hill AtionuD, Costa Mesa, CA 92626 ApR 07 195 13:00 TKC CM 2ID FL 3081 SUMMARY OF ISSUE AREAS 1. Issue: Ent issues Respom. jnd Use - The application into the City of La Quinta for the Travertine Specific Plan includes a General Plan Amendment application for the commercial uses. Adoption of the Specific Plan will amend the General Plan. Traffic - All residential and non-residential land uses proposed in d e Travertine and Green Specific Plazas are considered when preparing the traffic analysis. Buildout of the Travertine site has been assumed, for traffic analysis purposes, to occur in the Year 2020. An estimate of the distribution of the Travertine traffic was outlined in the draft ER (page 3.2-12, Project Related Trip Generation). Traffic projections are based upon the City of La Quinta General Plan Buildout computer model which the City of La Quinta has reviewed and approved. All cost of improvements to Jefferson Street, including bus turnouts, bike lanes, equestrian trails, etc., will be bore by the developer. Noise - Similarly to the Traffic Section 3.2 of the draft EIR, project related noise impacts have been outlined in the draft EIR in Section 3.3.3 Cumulative impacts (page 3.3-I2). PGA West residential units are located adjacent to the northera portion of the Jefferson Street realignment. This development has provided aiutigatitag sound walls adjacent to Jefferson. No noise related impacts to these PGA Blest residential units are anticipated. Air Quality - Twenry-five ntigation measures for air quality impacts have been recommended for the Travertine and Green projects. These 25 measures will be implemented as part of the Mitigation Monitoring Program either prior to final map approval, prior to issuance of grading permits, during grading activity, during construction, prior to issuance of building permits, or prior to occupancy. A Mitigation Monitoring Program (MMP) is currently being prepared for City Council consideration. Any additional mitigation measures required by the Planning Commission will be included in the MMP for the City Council. The MMP is in a user-friendly format and is reviewed and approved by City staff. .The MMP allows the City to verify that mitigation measures have been accomplished. -2- 9V8WJ.l?JO.?WPC iWAI THE KEITH CL?Mg+Ad4 MS PPR 07 195 13:01 TKC CM ZND FL 3081 Water Resources - The Coachella Valley Water District (CVWD) was contacted during Draft and Final MR preparation in order to accurately assess the amount of water necessary for buildout of the Travertine and Green sites. The most recent correspondence with CVWD on March 29, 1995, confirmed that there is sufficient water to service the projects. CVWD will require all wells to be a minimum of 1000 feet from any existing wells. CVWD concurs that development of the Travertine site would not inhibit the District's plans to implement strategies to supplement the amount of recharge to the underground aquifer. The Travertine development is also required at buildout to accommodate future on site uses of reclaimed water for irrigation. Hydrology - Detailed hydrology plans have been submitted to the City for review with the Sper_ific Plans. Detention basins are currently proposed along the easterly portion of Travertine, adjacent to Madison Street, and in the north east portion of the site. The EIR has concluded that development of Travertine will not impact downstream receiving waters. Biological Resources - The Bighorn Sheep mitigation history on the Travertine site began in 1990 with the 3,207 acre (five square miles) Toro Canyon Land Exchange for 638 acres of the Travertine site: • The 3,207 acre area is within the Santa Rosa Mountain National Scenic Area. The Travertine site is not within the Wilderness Study Area, nor an Area of Critical Environmental Concern. The Travertine site also has an existing land use designation of Low Density Residential (LDR). • The Environmental Assessment (EA) prepared by BLM for the land exchange recommended as additional mitigation measure of 160 acres of land (the Martinez Roekslide), dedicated to the Nature Conservancy in order to provide a buffer to the bighorn sheep habitat in Toro Canyon, and to provide an escape route for the sheep to the south of the Travertine development. The EA concluded that the 3,207 acre exchange would result in the development of the Travertine site and that no adverse consequences to the Bighorn Sheep or the Desert Tortoise were anticipated. -3- 9X&svi-:MI-M rrc ; THE Xs:TH •;L9MPANIES APR 07 '95 13:02 TKC CM 2ND FL 3081 ® The EIR prepared for the Travertine and Green Specific ?law recommends an expanded mitigation measure to further mitigate impacts to the bighorn sheep. The mitigation requires an additional 300 foot setback area from the Martinez Rockslide buffer, increasing the distance between the bighorn sheep habitat and residential or commercial development. The setback area within Travertine would allow private or semi -private recreational activity. The expanded mitigation will also decrease noise ad light into the bighorn sheep habitat, and surrounding areas, by requiring sound and visual barriers. The mitigation will also restrict free -roaming pets. • The EIR provides an implementation mechanism to this expanded mitigation measure, should preparation of the bighorn sheep habitat management plan be stalled or prevented from being adopted. o The EIR has recommended that the project contribute to the Coachella Valley Multi -Species Habitat Conservation Plan. The draft and finial EIR supports the intent of the MSHCP, even though this plan has not yet been adopted, and recommends that it remain as a mitigation measure for the following reasons: a) The MSHCP is only one of b mitigation measures required for impacts to biological resources. b) Impacts to "sensitive species" are only lessened by participation in the MSHCP, cumulative biological impacts remain significant after mitigation. c) CVAG is actively working towards an MOU with the Dept. of Fish and Game. Early draft stages of the MOU have been reviewed. d) The timing of adoption of the MSHCP may coincide with future tentative map submittals and approvals. e) The final EIR provides an implementation mechanism for the MSHCP by recommending that the City of La Quinta become the trustee of funds contributed to CVAG, until such time as CVAG sets up their own trust for the MSHCP. 49 The applicant will also be required to reach a memorandum of understanding for the Bighorn Sheep HMP with the Department of Fish and Game prior to grading activity. The Draft and Final EIR adequately addresses impacts to blue -line streams on both the Travertine and Green sites. Ca tural Relg=o - Site specific surveys concluded that development of the project site would not cause a significant effect upon important cultural resources in the region. -4- 9pii J-WO1-Mr PC r--- ApR 07 ' 95 13 : 02 TKC CM 2ND FL 3081 A request for Native American views on any sites of concern associated with the project site was sent to the nearby Torres -Martinez Tribal Council by Dr. Paul Chase, S.O.P.A., Director of Cultural Resources, The Keith Companies Environmental Division. In a telephone call from the Tribal Office on June 20, 1994 to Dr. Paul Chase, Mr. Phillip Morreo of the Torres -Martinez Tribal Council reported that there were no special sites of concern known in the project area. There are Native American concerns about archaeological locations elsewhere in the nearby region but not near the area of the Travertine Specific Plan project. R cre tion - A revised existing General Plan trails map has been submitted with this letter in order to accurately depict the General Plan interpretation of the Boo Hoff trail in this area. The public access restriction to off -site areas, and the Martinez Rocicslide, was recommended as mitigation based on comment letters received from the Bureau of Land Management and the California Department of Fish and Game (refer to mitigation measure number 7 on page 1-2 of the final EIR). Implementation of this mitigation measure does not mitigate a specific resource impacted, but helps to minimize the amount of unregulated recreation uses, intrusions and trespass on adjacent BLM lands, and may result in less disturbance/ harassment of the bighorn sheep population. Mitigation measure number 7 was recommended in addition to: a) six mitigation measures required for impacts to biological resources and to b) five mitigation measures required for impacts to recreational resources. Should the Planning Commission decide to delete mitigation measure 7 and allow unrestricted hiking on adjacent lands, the resultant impacts to biological resources in the Draft and Final EIR will still remain significant. Public aqSvices - The applicant is currently in negotiations with the Coachella Valley Unified School District over a mitigation agreement. 2. Issue: Overriding Considerations. Response: For pro}ect specific or cumulative impacts that remain unmitigated, impacts that remain significant after substantial mitigation or impacts that are considered to be unavoidable, such impacts are acceptable in light of the overriding economic, social and other benefits set forth in Exhibit "A" of the March 28. 1995 staff report. The overriding considerations listed in Exhibit "A" are necessary if the Planning Commission is to make findings pursuant to CEQA. Generally the overriding considerations fall into 6 categories: vwss��-uso►•posrrc R ppR 177 ,P5 13:03 TKC CM 2ND FL 3081 a. itacreased Housing Opportunities b. Increased Employment Opportunities c. Positive Fiscal Impact d. Additional Recreational Oppomtnities e. Improvements to local roadways f. Improvements to public facilities The reason project specific or cumulative impacts remain significant and require overriding considerations are described below: For example, 1) The cumulative loss of open space is still considered a significant impact after mitigation even though the General Plan designates the Travertine site as LDR; 2) The cumulative impacts to air quality remain significant after mitigation because of the regional status of the air basin, even though the project has been required to implement 25 different mitigation measures; 3) Cumulative impacts to water resources remain significant after mitigation even though the Coachella Valley Water District has commented on the Draft and Final EIR and concurs that they will service the site. Even though the Travertine site is conditioned to assist in implementing stringent reclaimed water and groundwater recharge mitigation measures, impacts remain significant because the desert has a dry climate and the City depends on imported waters; 4) Cumulative biological impacts remain significant after mitigation because of the conversion of native plant habitat to urban uses. Participation in a Mulit-Species Habitat Conservation Plan will mitigate impacts to the extent feasible; 5) Similarly to Land Use impacts, aesthetic impacts remain significant after mitigation due to the loss of open space, even though the General Plan designates the Travertine site as LDR; 6) Cumulative impacts to schools, solid waste and other public services remain significant after mitigation due to the existing state of overcrowding in the school district, and of the growth inducing effects of the Travertine project; 7) The Travertine site will generate substantial amounts of people, therefore, this must be considered a significant impact that cannot be mitigated. 5-11 9IM3Pl•1330t-� TC qpR 0-( 195 13:04 TKC CM 2ND FL 3081 3. Issue: jdferson Street Alignment Mitigated Negative Declaration. Response: The decision to prepared a Mitigated Negative Declaration (ND) for the Jefferson Street alignment was not intended to represent a "piece- mealing" of projects nor "isolate" information from the public or decision makers. The Travertine and Green Specific Plan EIR and the Jefferson Street Mitigated ND were circulated and available to the public at the same time. The cumulative and growth inducing related impacts associated with the Travertine and Green Specific Plains are addressed in detail within their draft EIR. The draft EIR for Travertine and Green concluded that approval of the Travertine Specific Plan will result in growth inducing impacts and may pose development pressures on adjacent lands. The Riverside County General Plan designates areas to the north, east and south of Travertine as subject to the Eastern Coachella Valley Community Plan. Finial EIR #189 for the Eastern Coachella Valley Community Plan has indicated that intense urbanization within the La Quinta-Coachella sub -community is encouraged. Therefore, in addition to the planned growth within southern La Quinta, the Jefferson Street alignment will also facilitate this growth to the east into Riverside County. If the Travertine Specific Plan and Jefferson Street extension is in place, development pressures on the smaller privately owned parcels to the west will no doubt increase. These cumulative and growth inducing impacts were incorporated by reference into the Jefferson Street Mitigated ND, consistent with CEQA Guidelines Section 15150. Specific mitigation measures have been proposed within the DEIR for Travertine and Green, in order to mitigate direct as well as cumulative impacts where appropriate. The mitigation measures outlined in the Mitigated ND are consistent with similar mitigation measures applied to the proposed Travertine and Green Specific Plan EIR, and will be implemented in conjunction this these projects. -7- APP 07 '95 13:05 TKC tal 3ND FL 3061 .81,10 Portion of Jefferson Street Alignment on Federal Lands. The environmental studies prepared for the Travertine and Green Specific Plans and the Toro Canyon Land Exchange were not limited to specific property boundaries. For example, the Biological Assessment for the Green site, contained in Appendix D of the Travertine and Green Specific Plan EIR, included an assessment over the Meyer property as well, located directly adjacent and north of the Green site. The eastern boundary of the Meyer property would contain a portion of Jefferson Street. The balance of Jefferson Street would lie within BLM and Bureau of Reclamation (BR) property. The BL.'1 and BR sites adjacent to Travertine and Green are not part of a Wilderness Study Area (WSA) and are not designated as part of an Area of Critical Environmental Concern. It was always anticipated that BLM and BR's requirements for the small portion of the Jefferson Street alignment within their respective jurisdictions, would be provided for their review and approval prior to construction of Jefferson Street. In addition, all required permits necessary to complete Jefferson Street, will be obtained prior to construction. On the basis of all of the environmental documentation prepared to date, there is no likelihood that significant impacts are associated with the 4.9 acre portion of Jefferson Street within BR property, nor the 4.6 acre portion of Jefferson Street within BLM property. 4. issue: Availability of EIR and public participation. Response: Initial input from the public on the preparation of an FIR is before the document has been written. Once the Initial Study for the Specific Plans determined that an EIR must be prepared, a Notice Of Preparation (NOP) was distributed on October 18, 1994. The Initial Study and NOP was transmitted to 33 agencies or special interest groups for review and comment. Comment received from the NOP distribution was incorporated into the EIR and copies of the letters received have been included in the Technical Appendix for the Draft EIR. Once the Draft EIR was complete, a Notice of Completion (NOC) was distributed on January 18, 1995 along with the Draft EIR to Federal, State and local agencies, as well as private institutions and surrounding property owners. A Notice Of Availability was published in the Desert Sun Newspaper of February 7, 1995. A 45 day review period was completed on March 4, 1995. The Draft EIR is available at the City Library and at the City of La Quinta Comments Development Department. Comments received from the Draft EIR were responded to and included in the Final EIR. The Final EIR was completed on March 13, 1995. 9eea,skMZ0t.v0rrK WAR, TN£ X£3'7X .^.CI�'1'r�r1NIES PPP 07 195 13:06 TFIC CM 2ND FL 3W1 P.9/10 At City Council approval, 'a :Notice of Determination (NOD) will be distributed to notified agencies. S. Issue: Validity of EM and bias. Response, The Keith Companies Environmental Division has utilized particular care in its assessment of natural resources and other environmental impacts. As documented in the EIR, eight (8) different impacts, including cumulative water supply, are identified as remaining significant after adoption of mitigation measures. This reflects a balanced, objective consideration of project impacts, rather than any bias in favor of the project. The data in the EIR has been reviewed and validated by County departments and other public agencies through the Draft and Final EIRs. We believe the document is adequate for certification by the City Council and that m suppiennental EIR is necessary. �assR,.iuot.vo�rrc THE KEITH COMPAMISS APR 07 '95 13:07 TKC CM 2ND FL 3081 5 CC M � au a z UJ E.. M A R— 2 S— 9 5 1• T U E 1 7 0 2 P . 0 2 ATTACHMENT # 10 Slex'tA C, ti Saar ► ' ;, �.,�. .e Serving i3ivei'aitt a�td�zu Ci'W>eoot�.o t,'�.z�a;G �wzr►t:t Tahgaitx Group o 1..08104 '1.0$ G r 4i+, Sun beinarc 1116 nai►tq. ;G 1,6%4 r, )4CRy,joy �'*V p Moreno vallc�. OrOup ; U68 N. Bernar4bjo, 4iN(vuii0b�sn,'�n1�i�tw,64�'d�., di,30 San 892,10 t (714) SO14Fli,S ilff Morgan, Chair,., Trails, CommAttee, 3/28/95 Sierra Club ' Tahgtzitzxrasp, 1465 via Escuela, Palm Sp'rl hga, GA, 92202. (619) 320-4,61 0, ` The Hohorable ChaIrman 0f the �''City of La Quinta., Re- Proposed develo;r ents In south La QOina, '1!T,1rAVprt1nQ'0 & "The f ! Dear Mr. Chairman,, tho Oovo x of e,r-. enced, projects wiI.. have,$ a.�'MSJ-Ciz �o,i'X���t cz�a t�e ��a��Vi��c�ment and the natural, archeologldol rari,4 o��r��a���:�'���aa��,"1�� ��?��9;`��r���� In this area. Of special cancern tP. My o6m'l44ttoo `'U1 tk4 poss a ole , l.csis of use of .� existing tralle'a.pd �iccecs to p,401,;ic 1 Gls a.r�3 1dernocr areas. Further major cone ,� are're���4t :riJ)g d � ��g4, R:r�' Sic ni is t, ►rche- alogScal sites th Sara t '.�e fa`i1;.c is xo�a �aou i i :egeneral area and loss of wildlife h4bitat. GIven the size', scope apd locat4f:xn- of ,the'sa ds,-.*0lcPpmf nt9,, mltigaw 'tion of negative e V� rats�¢� al f.4-tara �y�,;�.1 too 0,ti� melt' diffi- l' cult , f rot to mall rill � xi Y fades>3 �i age ' �u Ifs 1; . consider all prior l! ;i;ones . in sloe: ng .1 wish ,try emp�-iaslza t-Ti,at all exleiting t;, ,iis t access rights should be pret.�_,rved, en4, ��pa iont chwqipalloNed that would permit p�l devedoent fin, arty, :y e i ' or on hillside laends:! Sincerely, , Jeff Morgan, Chair; Trails Caner lttee*, S4orr,A Cluj b,, T'ahq(ul z t�s,•qup, '. sI u �'' , i; " `• To omplore, eiyoy and r e�avc C)}� otati rxo' fib r,,rdk�r; uv��CuMe, vvi3alla�r, �iaor$.�xi3���� zt�!� .; . !'.�1��ocd aot I�c.y�iwd 1'apCr ATTACHMENT # 11 Bowen, ARNMWNP KAMlt WMW &. GiAmon A PARTNERSHIP 1NcWOM A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ALEXANDER BOWIE" LOAN C. ARNESON WILLSAM � KAVI WOM H. WILES PATRICIA B. GIANNONE ROBERT 8 ANSLO W ERic R. DOERING XX NM S. LEVY ARTO I. NUUTINEN IAWr L. MUM I ER K114WLYA- McMURRAY •AV&OFN$Kt"Coouon TM Planning Commission City of La Quints 78-495 Calle Tampico La Quinta, CA 92253 4920 CAMPUS t)IUA NEOVPORT BEACH, CALIFORNIA 9ZW March 28, 1995 Re: Specific Plan 94-026 - Travertine Specific Plan General Plan Amendment 94-049 EA 94-287 Hearing Date: March 28, 1995 Agenda No.. 4 Dear Planning Commissioners: AREA COOK 714 TELEPHONE SS14i00 PAX 4714) $$I.2M4 su MAnx 3033.9 IV use-.���•r�.-`•.•.,�P.�-.�, � This firm represents the Coachella Valley Unified School District ("District") and is providing this letter in response to the significant impact the proposed 2,300 dwelling Whit Travertine Specific Plan and related approvals ("Project") will have on the District's school facilities. The District is requesting that the City of La Quinta ("City") require the Project applicant reach a school mitigation agreement with the District prior to approval of the Project by the City Council. Absent such a condition, the District objects to the approval of the Environmental Impact Report ("EIR") and the Project on the basis that the school impacts from the Project on the District have not been adequately mitigated in the EIR. A. The EIR Fails M Identify App=riate School Mitigationl.lyleasures. Based on the District's student generation rates, the Project will generate 2,875 students, including 1,541 grades K-6 students, 414 grades 7-8 students, and 920 grades 9-12 students, at a cost of $14,937 per dwelling unit. Accordingly, the Project will require school facilities at a cost of $34,355,100. The District's school facilities are currently overcrowded, and absent additional funding to adequately house students from new development, the 2/21d t7TOZ-S98-bSL CAE 90:tT 96, 8Z 2M MRR Z�3 '` 1J:54 bHKI) (14•bZ)1•Zb14 I owm, ARNi=N, KADI, WILES & C~xIANNONE Planning Commission March 28, 1995 Page 2 District's facilities will be even further impacted. The FIR provides the following Mitigation Measure for schools facilities: Prior to issuance of building permits, the developer or subsequent home builder shall provide proof of funding to the Coachella Valley Unified School District in accordance with applicable legislative authorized school impact fees. (EIR p. 3.14- 11). The District is currently authorized to collect school fees, pursuant to Government Code Section 53080 and 65995, in the amount of $1.72 per square foot for residential development and $0.28 per square foot for commercial and industrial development. Assuming an average 1,800 square foot dwelling unit, the District would collect $7,120,800 in school fees from the Project, resulting in an unfunded school facilities impact of $27,234,300. Clearly, school fees will not provide anywhere near the funds needed to adequately house students from the Project. Other school mitigation measures, including the use of a Community Facilities District, senior restricted housing, and phasing could be used to provide additional mitigation for the school facilities impacts from the Project. However, the EIR does not discuss these options. B. State F&Mding, is Not Available For School Facilities. State funding to make up for the shortfall is unlikely. There is an accumulated backlog of school facility projects on file with the State Allocation Board in the amount of $6 billion. The state school facilities general obligation bond measure on the ballot ir. June of 1994 did not pass. There are currently no state funds available for new school construction projects, and the next opportunity to place a state general obligation bond measure before the voters will be 1996. In the absence of available State funds, the District must seek local funding sources in order to address the fiscal liability for future residents who would otherwise face the prospect of their children attending overcrowded, substandard schools. Because the impacts to the District will not be mitigated to a level of insignificance, and, as provided below, because the City has the authority and is in fact required to mitigate the school impacts on the District prior to the approval of the Project, the City can not legally justify the approval of the Project on the basis of the current EIR, unless additional school mitigation conditions are imposed on the Project. RRiYdra/1940 r'WP, e8 ' 95 13: 55 BRKD 714. 851 • eW14 t . IJi 4 Bow1E, ARNE3om KADI, W= & GwiNom Planning Commission March 28, 1995 Page 3 C. Cities and Counties Have the Authority tp8cQuire Mitigation of School Impacts. The City has the ability to consider the adequacy of school facilities when approving legislative developments such as zone changes, specific plans and general plan amendments based on the following Court of Appeal decisions: Mira Development Corp. v City of f San - I%'gg. % (1988) 252 Cal. Rptr. 825, William S. Hart Union High School District v Regional Planning Commission of the County of Los Angeles (1991) 277 Cal. Rptr. 645, and Murrie Valley unified School District v County of Riverside, (1991) 279 Cal. Rptr. 421 (collectively the "Mira Decisions"). In addition, based on the Mlirrieta decision, the City is required to consider the adequacy of school facilities under the California Environmental Quality Act ("CEQA"). It can be clearly seen that the Project will have a significant impact on the District's school facilities. Pursuant to CEQA, significant impacts must be mitigated to a level of insignificance prior to approval of a project by the City. On the basis of the Mira Decisions, the City has the authority to require more than the statutory school fee from new legislative development to ensure that school facilities are adequately mitigated. Accordingly, we are requesting that the City require the applicant to enter into a mitigation agreement with the District to provide for the funding of the school facilities impacts from the Project, prior to approval of the Project by the City Council. In this regard the District would recommend the following mitigation condition as an additional mitigation measure in the final EIR, and as a condition of the approval of the Project: "Prior to approval of Specific Plan 94-026 by the City Council, the developer shall enter into a mitigation agreement to the reasonable satisfaction of the Coachella Valley Unified School District." D. A Finding of Consistency with The City's General Plan is Required. Additionally, it should be noted that Government Code Section 65300.5, requires a finding of consistency between a specific plan (such as the Project) and the City's General Plan. The City's General Plan provides that adequate infrastructure should be available to serve new development. Specifically, with respect to school facilities, the General Plan provides the following goal: GOAL 7-3: Educational, governmental and community service facilities provided at adequate levels to ensure high quality of life in La Quinta 19417 MHN Od "3J 1J;fib bWL) (14 ti'J1 Gr714 r.4%4 BOWIE, A►RN=N� KADi9 WILES & GIANNONE Planning Commission March 28, 1995 Page 4 OBJECTIVE 7-3.1; The City shall ensure the provision of adequate educational, library and community center facilities in La Quinta. POLICIES 7 3.1.2, 7.3.1.3 & 7-3.1.4s The City shall ensure that an adequate number of elementary, middle and high schools are provided with appropriate facilities and personnel to ensure the provision of a quality education for La Quinta [students] at full buildout. This mandatory language requires the City to adequately mitigate school impacts from the Project. Absent the inclusion of the proposed school condition on the Project, adequate school facilities will not be available for the Project and a finding of consistency between the Project and the City's General Plan can not be made. We look forward to working with the Project applicant to reach a mutually acceptable agreement to ensure that adequate school facilities will be available to serve the Project, and would be pleased to provide the City with any additional information it may require. Very truly yours, BOWIE, ARNESON, KADI WILES & GIANNONE Eric R. Doering ERD/dm cc: Mr. Poch "'hit" Pensis, Coachella Valley Unified School District Mr. Alex Bowie, Esq. R=dw/19417 11 ATTACHMENT # 12 Testimony on behalf of Howard Keck, Jr. concerning the Travertine Specific Plan and Environmental Impact Report and the Jefferson Street Extension Negative Declaration before the City of La Quinta Planning Commission March 28, 1995 Joseph J. Brecher Attorney at Law I970 Broadway, 12th Floor Oakland, California 94612 (510;1 2 72-0433 TESTIMONY OF HOWARD KECK, JR. CONCERNING THE PROPOSED TRAVERTINE DEVELOPMENT Introduction. This testimony is presented on behalf of Howard Keck, Jr., who owns and farms 300 acres of grapes and orchard crops directly across the flood control berm from the proposed Travertine development. Mr. Keck is concerned that the development, together with the Jefferson Street extension, which is an integral part of the proposal, will have serious direct impacts on his land in terms of flood and air pollution damage and could vitally impact his supply of agricultural water. Long-term, he is concerned that the proposed development will pave the way for expansion of road and sewer rights of way over his land. The proposals before this Commission violate the law in three different ways. First, the Specific Plan does not meet the statutory requirement that various aspects of the proposal be described in detail. Second, the Environmental Impact Report on the project does not comply with the California Environmental Quality Act and the Guidelines thereunder in several important respects. Third, the City's decision not to prepare an EIR on the Jefferson Street extension is improper. Each of these contentions is addressed below. The proposed Travertine Specific Plan does not comply with applicable statutory requirements. Government Code §6541(a) sets forth four criteria for the contents of a specific plan, each of which must be covered "in detail." The proposed Travertine Specific Plan does not comply with three of those requirements. Under Government Code §65451(a)(2), a specific plan must show "The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan." But the proposed plan falls woefully short of the "detail" demanded by the statute as to "distribution, location, and extent and intensity." The discussion of "Circulation" (p. IV-2) occupies only half a page. It states that there will be "a series of local streets" to "serve the local community," but does not say where they will be located, other than that they will "emanate from Jefferson Street and 62nd Street." As to cul-de-sacs, the document does not give any hint at all as to where they will be, other than that they will be "utilized in certain local conditions within the project." There is no discussion, whatsoever, concerning public transit, except to say that Travertine will "incorporate ... measures adopted by the City of La Quinta which promote public transit." (p. IV-8.) This, even though the EIR (p. 3.2-3) identifies the Sunline Transit Agency as the provider of local bus service in the area. The same is true as to water facilities, where another half page (pp. IV-1 - IV-2)discusses only "conceptual" plans for water service, but states that "precise locations, alignments and sizes of water service facilities will be determined at the Tentative and Final Map stage of development..." Nor does the Specific Plan state where the 13 wells required by the project will be located, even though their placement is crucial in terms of not causing drawdown of the aquifer. (EIR, p. 3.5-4.) Sewer facilities receive similar treatment, as does the question of drainage. As to solid waste, there is a single paragraph which states only the name of the firm that will collect and dispose of wastes, and that the Company will comply with the goal of AB 39 to reduce waste volume. There is no discussion of energy facilities, at all. The statute clearly states that these issues must be addressed "in detail" within the Specific Plan. The vague, truncated text of Chapter IV does not measure up to this standard by any stretch of the imagination. Government Code §65451(a)(3) requires that a specific plan include standards for the conservation, development and utilization of natural resources. While there is some discussion in Chapter III of the standards governing development of the project, methods to preserve and protect the natural resources of the area are not mentioned, at all. Furthermore, the EIR concedes (p. 3.4-7) that the Specific Plan does not include "construction schedules, road re - routings or grading plans," thus making it impossible to estimate the actual impacts of construction on air quality. This means that the EIR preparer is forced to discuss impacts on a "speculative" basis. This missing information should have been included in the Specific Plan. Government Code §65451(a)(4) demands that a specific plan contain "a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out" the plan. Once again, the document falls far short of the statutory standard. It does not mention, at all, any "regulations" in connection with the proposed development. The discussion of "procedures" on p. V-1 consists of five lines which state that applicable regulations of the City of La Quinta apply. As noted above, public works, such as roads, water and sewer facilities, are discussed only in the most general terms, not the "detail" required by the statute. The half page devoted to financing (p. V-1) merely lists possible public and private financing mechanisms, but does not give any details as to those categories of financing or even specify which mechanisms will actually be used. In summary, the Specific Plan does not meet the requirement of Government Code §65451. Merely listing the categories contained in the statute is not enough. The statutory language calls for a description of the enumerated items "in detail." The function of a specific plan is to achieve "comprehensive regional planning." See Sierra Club v. Contra Costa County (1994) 10 Cal.App.4th 1212, 1221. Indeed, the courts have characterized the specific planning process as similar to that encompassed by "in general plans or in zoning regulations -- the siting of buildings, uses and roadways; height, bulk and setback limitations; population and building densities; open space allocation." Yost v. Thomas (1984) 36 Cal. 3d 561, 570.1 The Travertine Specific Plan does not measure up to this standard. The Travertine Environmental Impact Report is Inadequate. In a number of places, the EIR appears to underestimate deliberately the environmental impacts associated with the Travertine project. In others, it blithely concedes that it can't answer crucial questions on potential impacts because there is not enough information available. As a result, the document ' For an example of a specific plan that does contain the necessary level of detail, see A Local and Regional Monitor v. City of Los Angeles (1993) 16 Cal.App.4th 630. does not comply with the primary purpose of CEQA: to "provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment." Public Resources Code §21061. Because the EIR leaves out crucial data, it does not serve this purpose. As the court noted in County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 192-93: A curtailed or distorted project description may stultify the objectives of the reporting process. Only through an accurate view of the project may affected outsiders and public decision -makers balance the proposals benefits against its environmental costs, consider mitigation measures, assess the advantage of terminating the proposal ... and weigh other alternatives in the balance. The following constitute the most significant examples of this tendency: Page Connnent 3.2-13 The traffic analysis should include the full buildout at Travertine, not merely what will occur by the year 2000, when less than half the units will be constructed. Furthermore, the analysis does not appear to assign any traffic impacts to the recreational and commercial facilities, as opposed to the proposed homes to be built, alone. Obviously, there will be some traffic generated by non-resident users of the golf courses and the commercial center. These uses should be factored into the analysis. It is true that the document presents an aggregate traffic analysis for the full general plan build -out, which includes projects other than the Green and Travertine developments. But these estimates are described as "cumulative," rather than direct impacts and do not give information as to the impacts of the projects under discussion here, alone, in the absence of other, related projects. Note that the EIR does estimate air pollution from the full Travertine buildout, disaggregated from other anticipated projects. (p. 3.4-10). This same technique should have been used for all potential adverse environmental impacts. 3.2-23 The EIR recommends that the developer "coordinate" with the transit company concerning bus stops, but does not recommend that Travertine construct those facilities or share in the cost of providing public transit. Thus, the City will be left to pay for the public transit needs stimulated by the development. 3.3-7 As with the traffic analysis, the discussion of noise impacts deals only with build -out through the year 2000; thus, only about half the ultimate noise impact is analyzed. As with the traffic analysis, noise associated with the fully built -out Travertine project is discussed only within the context of an aggregate General Plan buildout, which does not let the reader know what impacts are attributable to the Travertine development, 3 alone. 3.3-1 The mitigation measures specified in the EIR all relate to reducing noise levels for new homes which will be built as part of the project. Nothing is suggested to ameliorate increased noise levels for existing homes near streets which will be impacted by the increased traffic generated by the project. 3.4-12 The EIR engages in high-class doubletalk concerning the air pollution impacts of the Travertine project. The document concedes that the area is currently way out of compliance with ozone and PMIO state and federal air quality standards and that project emissions exceed the significance threshold for NO,, by 500% and the PM,o threshold by over 50%. (p. 3.4-11.) Nevertheless, it dismisses these impacts by stating that the increased air pollution from this development was anticipated in the General Plan and, therefore, there is nothing to worry about. This is improper under CEQA. An EIR must compare the effects of a planning change not only with what would be allowable under the existing plan, but with "existing physical conditions." CEQA Guidelines §15125(c); Christward Ministryv. Superior Court (1986) 184 Cal.App.3d 180, 190-91; City of Carmel -by -the -Sea v. Board of Supervisors (1986) 183 Cal.App.3d 229, 246-47. Furthermore, the "mitigation" proposed for this significant new source of pollution, providing on -site employment and retail and recreational activities" (p. 3.4-14)is ludicrous. It certainly is not a "mitigation measure," since it is an essential component of the planned development. In addition, this "measure" would not reduce traffic to levels lower than what was already anticipated in the EIR, since the traffic estimates were "adjusted" to exclude trips within the project area. (p. 3.2-12.) The other measures set out at pp. 3.4-15 through 17 deal only with the minor, short-term air pollution generated during construction. 3.5-4 The issue of water supply is perhaps the most important of any of the potential environmental impacts. The idea of using precious water reserves in a desert/agricultural locality to water more golf courses in an area already saturated with this type of recreational facility is ludicrous. The EIR concedes that the aquifer serving La Quinta is being drawn down and is in an overdraft condition; no one knows how to recharge it. (p. 3.5-2.) It also acknowledges that the project would require 13 new wells, not all of which could be located on the property, and that these new wells could disturb or draw down nearby wells. Mr. Keck, one of several neighboring property owners who rely on this aquifer, is concerned that these new wells may impact his agricultural operations severely. Even if new wells are developed, at the cost of ruining neighboring agricultural uses, the EIR points out that "local ground water supplies may [still] not be adequate" to support the project's demands. 4 The EIR concedes that there is no current solution to this crucial problem. The document simply punts: "In order to mitigate these long-term demands, groundwater pumping will be subject to a replenishment assessment to provide a funding mechanism for importation of additional water supplies." (p. 3.5-6.) This Commission should demand an answer to this crucial question now, before jumping into this huge new project. That makes good sense and it is the law. One of the central tenets of CEQA is that an agency must implement feasible mitigation measures. §§21002, 21081; Laurel Heights Improvement Assn. v. Regents of the University of California (1988) 47 Cal.3d at 403 ("The chief goal of CEQA is mitigation or avoidance of environmental harm."). A decision to defer development of this crucial mitigation measure violates the law as set forth in Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296. In that case, the county approved a conditional use permit for a sewage treatment plant designed to serve a tourist facility. The plans called for disposal of the treated sewage water through an irrigation system. The county concluded an EIR would not be needed for the project, and proceeded by way of a negative declaration. Id. at 302. In response to public concern about the ability of the proposed irrigation system to handle the load, the planning staff decided to require the applicant to have an engineer prepare a study that would show that the irrigation proposal would not adversely affect adjacent sewage disposal systems and surface and ground water hydrology. Id. at 306. Another condition required a similar study concerning soil stability and flooding. The studies were to be subject to the approval of the county Planning Commission staff and two county agencies. Any mitigation measures recommended by the studies would be incorporated as conditions of the use permit. The court held that "[t]he requirement that the applicant adopt mitigation measures recommended in a future study is in direct conflict with the guidelines implementing CEQA." Id. First, the court noted, all necessary mitigation measures must be specified before the negative declaration is approved. The opinion explained why the condition, as adopted, ran afoul of CEQA: By deferring environmental assessment to a future date, the conditions run counter to that policy of CEQA which requires environmental review at the earliest feasible stage in the planning process.... A study conducted after approval of a project will inevitably have a diminished influence on decision -making. Even if the study is subject to administrative approval, it is analogous to the sort of post hoc rationalization of agency actions which has been repeatedly condemned in decisions construing CEQA. Id. at 307. Second, the court found that the conditions violated CEQA because they "improperly delegate the County's legal responsibility to assess environmental impact 5 by directing the applicant himself to conduct the hydrological studies subject to the approval of the Planning Commission staff." Id. The opinion stressed that "the EIR must be presented to the decision making body of the [lead] agency" and, therefore, concluded that CEQA did not permit the county to delegate consideration of the studies' result to the Planning Commission. Id. Finally, the court held that the use permit circumvented the detailed provisions in CEQA governing the process of environmental review. The court noted that, "[b]y merely requiring administrative approval of the hydrologic studies, the use permit provides no similar guarantee of an adequate inquiry into environmental effects." Id. The court noted with particular concern that, since the studies would not form part of an EIR, their conclusions would not be subject to scrutiny by the public and interested agencies, "the strongest assurance of the adequacy of the EIR." Id. at 308 (quoting Sutter Sensible Planning, supra, 122 Cal.App.3d at 823). This EIR exhibits the same defects the court found fatal in Sundstrom. There is no assurance that the future study called for by the EIR will actually come up with a solution to the perennial shortage that exists in the Coachella Valley. The holding in Kings County Farm Bureau v. City of Hanford, supra, reveals that this alone makes the Travertine EIR deficient. In Kings County, the EIR for a proposed coal-fired cogeneration plant relied on an agreement to purchase water from the local water district to mitigate potential project impacts on groundwater. 221 Cal.App.3d at 727- 28. As in this case, failure to mitigate groundwater impacts would have resulted in the project's contributing to the long-term depletion of the aquifer underlying the project area. Id. at 726. Noting that there was no evidence that any water was, or would be, available for purchase, the Hanford court concluded that "the failure to evaluate whether the agreement was feasible ... was fatal to a meaningful evaluation by the city council and the public" and held that the EIR violated CEQA's mitigation requirements. Id. at 728. In this case, the failure of the EIR to include feasible mitigation measures for groundwater impacts similarly violated CEQA. 3.7-7 Flooding in this area is a major concern. The selected public land is located in an alluvial flood plain which, during storm events, carries tremendous amounts of uncontrolled run-off discharged from canyons in the nearby mountains to the southwest. Dikes 2 and 4, which are located at the south east edge of the proposed project, were constructed by the Bureau of Reclamation for the express purpose of protecting adjacent agricultural and residential areas from these flood waters. See p. 75 in the "Project Data" for the dikes and other Coachella Valley projects published by the Water and Power Resources Service, now the Bureau of Reclamation. Mr. Keck and long-time residents of the area have observed that, during intense rain events, water cascades from the mountains across the site of the Travertine development and pools up against the dikes. This already occurs under present conditions, when there are no paved and other impervious surfaces which 0 would intensify the speed and quantity of run-off. Once development of the type anticipated by Travertine occurs, these conditions will be exacerbated. The result could well be failure of the dikes and inundation of the adjacent lands. Thus, flood control is a potentially serious problem. As discussed above, it is unlawful under CEQA to leave the development of a detailed drainage plan and hydrology studies and adoption of Best Management Practices until a later time. That information should be presented in the EIR so that the public can comment on it. 3.8-1 The EIR concedes that two sensitive plant species "may" occur on the site. This issue should be resolved within the document. 3.8-10 The EIR admits that construction activities will adversely impact an existing blue line stream, a rare and valuable resource in the desert. It asserts that this impact can be mitigated to a less than significant level, but does not tell the reader how. Under Public Resources Code §21081.6, if an agency concludes that it can render a potential impact insignificant by requiring mitigation measures, those measures must be adopted as conditions of approval and a monitoring or reporting program must be put in place. Obviously, this Commission is not in a position to comply with Section 21011.6 if it does not even know what mitigations should be adopted. 3.10-2 Before transferring the land in question to the developer, the Bureau of Land Management prepared an Environmental Assessment. That document acknowledged that nine archaeological sites and six isolates were found in the area, and that two are eligible for listing in the National Register of Historic Places. The EA also conceded that the two National Register sites will be destroyed. This information constitutes yet another significant environmental impact of the proposal, whether or not salvage archaeology could be performed successfully. It should have been presented in the EIR. 3.11-6 The EIR states that parkland mitigation will be determined at the time of tentative map approval. As noted previously, mitigation measures should be specified in the current EIR, not left for future determination. 3.12-6, The EIR concedes that the Specific Plan is inconsistent with the City's general plan. 7 This is unlawful. Unless and until the General Plan is amended, the Specific Plan may not be adopted. See Government Code §65454. As far as we know, no general plan amendment has been formally proposed by this Commission. 4.1 The EIR states that impacts due to "the unknown off site well and reservoir locations" remain "potentially significant," yet will somehow be mitigated to a level of insignificance, even though no one knows how. While the power of positive thinking is important, it is no substitute for facts in an EIR. And, as we noted above, such procrastination means that the City cannot comply with the monitoring and reporting requirements of Public Resources Code §21081.6. 7 The decision not to prepare an EIR on the Jefferson Street alignment is unlawful. The Mitigated Negative Declaration ("MND") proposed for the Jefferson Street alignment project blatantly violates CEQA's mandate "that environmental considerations do not become submerged by chopping a large project into many little ones --each with a minimal potential impact on the environment --which cumulatively may have disastrous consequences." Bozung v. Local Agency Formation Comm'n (1975) 13 Cal.3d 263, 283-84. Even a cursory review of the Travertine and Green Specific Plans makes it clear that Jefferson Street, the only access to these developments, is an integral part of these projects. Despite this, the MND improperly "piecemeals" analysis of the road's environmental impacts from those associated with the greater plan for development of this portion of La Quinta, depriving both the Commission and the public of information necessary to evaluate the wisdom of going forward with the proposed alignment. The documents prepared in support of the Jefferson Street alignment leave no doubt that the road project has no real purpose independent of servicing the proposed Travertine and Green developments. The Project Report for the Alignment Study emphasized that the basic requirement for the selected alignment is to provide "access to the proposed Travertine and Green Developments." Project Report at 10. Significantly, the Project Reportjustifies selection of the preferred alignment over alternatives that would not require acquisition of rights -of -way across federal properties (with the associated expense of preparing additional environmental studies and the inevitable scheduling delays) because only the preferred alignment is fully consistent with the Travertine and Green Specific Plans. See id. at 13. The MND reinforces the conclusion that the Jefferson Street alignment project is simply one facet of the larger Travertine -Green development scheme. In defining the project location and characteristics, the MND states that "[i]t is anticipated that the Jefferson Street alignment project would be constructed in phase with future adjacent developments." MND at I-6. These "future adjacent developments" are identified as the Travertine and Green Specific Plans which together "encompass[] approximately 85% of the project alignment." Id. (emphasis added). Since nearly the entire length of the proposed road runs through the Travertine and Green developments, it is obvious that the road does not have an "independent utility," which would justify reviewing its impacts separate from those associated with these residential and recreational projects. See Del Mar Terrace Conservancy v. City Council of San Diego (1992) 10 Cal.App.4th 712, 733. By artificially separating the Jefferson Street project from the larger Travertine -Green development scheme of which it forms an integral part, the MND violates CEQA's basic policy of providing accurate information to the public regarding the environmental impacts associated with the project. The California Supreme Court has stressed that "[i]f CEQA is scrupulously followed, the public will know the basis on which its responsible officials either approve or reject environmentally significant action, and the public, being duly informed, can respond accordingly to action with which it disagrees." Laurel Heights Improvement Assn v. University of California, supra 47 Ca1.3d at 392. The CEQA process is meant to "protect0 not only the environment but also informed self-government." Id. LV Because the MND improperly discusses the Jefferson Street project in isolation from the development it services, the MND misleads the public regarding the adverse environmental impacts associated with project. For example, since La Quinta fails to meet national air quality standards for ozone, carbon monoxide, and particulate matter, air pollution is understandably an issue of great public interest. See MND at II-2. However, a concerned citizen reviewing the MND would read that "[t]he project will not, in and of itself, generate traffic resulting in any air emissions or deterioration of air quality."" MND at III-15. The MND makes this statement despite the fact that the EIR for the Travertine and Green developments recognizes that "[t]he Travertine Specific Plan will result in unavoidable adverse impacts related to air quality."" EIR at 4-1. The further fouling of La Quinta's already dirty air would be caused by traffic using the proposed Jefferson Street alignment to get to the Travertine development, but the MND hides this information from the public. The MND similarly misleads the public regarding a host of other environmental impacts, including loss of open space, depletion of water resources, reduction in the diversity and numbers of wildlife species, visual blight, overloading of area schools, stress on solid waste disposal facilities, and so on. While the construction of the Jefferson Street alignment, "in and of itself," may not create these significant impacts, the development that it permits undeniably will. See EIR 4-1 through 4-3. However, there is no way for a concerned citizen to find this out from reading the MND. City of Antioch v. City Council City of Pittsburg (1986) 187 Cal. App.3d 1325, involved a similar attempt to use a MND to hide from public scrutiny impacts associated with road construction in an undeveloped portion of the city. In that case, as here, the city defended its decision not to prepare an EIR on the grounds that the mere construction of the proposed roadway "will generate no traffic or impacts upon circulation." Id. at 1332. Furthermore, in City of Antioch, there were no specific plans on the table for development of the area serviced by the proposed road. The city argued that it would be impossible to prepare a meaningful EIR "in view of the myriad possibilities for future development of the surrounding land." Id. at 1333. Relying on CEQA's basic principle that an agency "must consider the cumulative environmental effects of its action before a project gains irreversible momentum," the court of appeal squarely rejected the city's argument. Id. While the court acknowledged that "it is at this stage impossible to specify the precise development that will eventually occur or the actual uses to which the property will be put," (id. at 1334) it nonetheless stressed that the roadway construction "cannot be considered in isolation from the development it presages." Id. at 1335. The location of the property the proposed road would service, "as well as the desire of the City of Pittsburg to facilitate its development, rendered] it virtually certain that the additional development [would] result." Id. Accordingly, the city had a duty under CEQA "to assume the general form, location and amount of such development that now seems reasonable to anticipate, as the developer has doubtless already done, and evaluate that development by means of the EIR process." Id. at 1338 (emphasis in original). 0 In this case, there is no uncertainty regarding the development that will follow if the Jefferson Street alignment goes forward as proposed; the Travertine and Green Specific Plans are before the Commission this very day. Thus, the case for segregating the analysis of impacts associated with the proposed road construction is even weaker than in City of Antioch. The MND's failure to consider together the impacts associated with both the proposed road and the development it will service violates CEQA's prohibition on piecemealing and deprives the public of the information it needs to evaluate the wisdom of adopting the proposed alignment. However, even if CEQA authorized the Commission to adopt an environmental document addressing the impacts associated with the Jefferson Street alignment in isolation, the MND is fatally flawed -- it fails to provide important information regarding the environmental impacts associated with over one -seventh of the proposed construction. For example, the MND's discussion of potential impacts on biological resources depends exclusively on surveys prepared for the Travertine and Green Specific Plans. See MND at Appendix B. However, a full fifteen percent of the roadway's alignment lies outside of the area covered by these Specific Plans. See MND at I-6. Thus, despite the presence of sensitive plants, birds, and mammals on or near the project site, there is no analysis, whatsoever, of the impacts associated with the substantial portions of the roadway lying outside the two Specific Plans.' This violates CEQA's basic requirement that agencies fully consider all impacts associated with the projects they consider. The MND's proposed mitigation for those impacts on biological resources that it does acknowledge also fails to comport with CEQA's requirements. The MND claims that "[r]elocation of identifiable sensitive and listed endangered or threatened species to offsite locations and participation in the multi -species habitat conservation plan would mitigate road construction impacts to less than significant levels." MND at III-17. However, the habitat conservation plan on which the MND relies to justify its finding of no significant impact will not even be available until 1997! See id. As noted previously, CEQA does not permit an agency to adopt a MND where the mitigation measures necessary to avoid significant impacts are to be recommended in a future study. The MND's conclusory statements regarding mitigation of significant adverse impacts fall far short of the detailed discussion that CEQA requires. For example, the MND acknowledges that, "[w]ithout proper mitigation measures the loss of approximately 30 acres of natural desert habitat (creosote brush scrub and desert dry wash woodland) would be considered a significant impact." MND at III-17. However, the proposed mitigation states only that individual native trees and plants shall "be salvaged by a biologist from areas to be graded, and used in landscaping to the extent possible prior to issuance of a grading permit." Id. at III-27 (emphasis added). The MND never explains how merely lining the sidewalks with barrel 2 The MND similarly fails to provide an adequate discussion of the potential impacts on cultural resources. Once again, the MND appears to rely solely on the under -inclusive surveys performed for the Travertine and Green Specific Plans. See MND, Appendix A. The MND thus fails to inform both the Commission and the public regarding potentially significant archeological sites lying on or near the proposed alignment outside the areas of the Specific Plans. 10 agricultural lands. This would mean further environmental degradation in the form of traffic, noise, air pollution, water use, etc., and even more pressure on agriculture in the area. CEQA mandates that this issue be explored. See Public Resources Code §21100(a)(4) Guidelines, § 15126(g). Conclusion. Neither the Specific Plan nor the environmental documentation for these projects complies with the law. Therefore, the Planning Commission should refuse to approve the Specific Plan and should not certify the environmental documents. 12 PH #'2 STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 119 1995 CASE NO.: STREET NAME CHANGE 95-006 REQUEST: PUBLIC HEARING ON A REQUEST TO CHANGE THE NAME OF A PORTION OF OLD 52ND AVENUE TO FRANCIS HACK LANE APPLICANT: LA QUINTA VOLUNTEER FIRE DEPARTMENT REPRESENTATIVE: BRUCE PELLETIER LOCATION: OLD 52ND AVENUE, EAST OF AVENIDA BERMUDAS APPROXIMATELY 780 FEET BACKGROUND: Applicant's Request On March 9, 1995, a request was received from the La Quinta Volunteer Fire Department requesting that the City consider renaming a 780-foot portion of the Old 52nd Avenue east of Avenida Bermudas to Francis Hack Lane (Attachments 1 and 2). The volunteer personnel for the City feel that it would be appropriate to rename the street in her honor since she has donated money to help the Fire Department in past years and has made other charitable contributions to the City. Existing Land Uses The land uses that exist along the north side of the street from Avenida Bermudas easterly are: the Fritz Burns City Park, City Maintenance Yard, and Fire Station No. 32. The property on the south side of the street is vacant and owned by J. F. Temple Development (approved TTM 27613, The Traditions). Many properties on the west side of Avenida Bermudas (La Quinta Cove) are developed with existing single family homes. Street History Old 52nd Avenue was dedicated to the County of Riverside before the City's incorporation. Originally, this street ran in an easterly direction from Avenida Bermudas to Jefferson Street, and passed in front of the historic Hacienda Del Gato home and other former Landmark Land properties (i.e., Ahmanson Ranch, etc.). FCST.211 In 1985, a request was made to vacate Old 52nd Avenue and consider realignment of the street to allow the construction of a 700± acre country club (old Crystal Canyon project). The large development had property fronting on both new and Old 52nd Avenue, and Avenida Bermudas. The realignment plan was approved by the City Council, and improvements were completed on 52nd Avenue in the last few years. Also, during this time, Old 52nd Avenue was closed to through traffic at the existing Fire Station. The remaining section of Old 52nd Avenue exists from Washington Street to the historic Ahmanson Ranch. Notice of Intent to hold a Public Hearing On March 28, 1995, the Planning Commission instructed staff to advertise this case for a public hearing on April 11, 1995, pursuant to Chapter 14.08 of the Municipal Code. Staff completed these matters pursuant to the Commission's adoption of Resolution 95-005. Besides noticing the abutting residents, the adopted resolution was published in the Desert Sun newspaper on April 1, 1995, and posted in various areas of the City. Public Agency Comments On March 9, 1995, staff mailed a request to all public agencies notifying them of the request to change the name of Old 52nd Avenue. No negative comments were received. Required Planning Commission Review The Planning Commission shall conduct a public hearing on this request to decide if the existing street should be renamed in Ms. Hack's honor. The Commission should take public testimony and can, 1) take formal action on the request by adoption of the attached resolution: 2) modify the attached draft resolution by substituting another name, or (3) continue the case for additional discussion. If the Planning Commission approves the petitioner's request, your decision will be transmitted to the City Council for their final review. Staff Comments Currently, the City does not have a street name policy. Therefore, each application is reviewed on its own merits. There has been discussion by City staff to consider renaming the street to honor the Fritz Burns family. This street name would correspond to the name of the existing City Park that fronts part of this street. Both families have contributed greatly to the development of La Quinta (past or present). However, without any written opposition, staff would support the Volunteer Fire Department's request to rename the street to Francis Hack Lane as described in the attached draft resolution. PCST111 RECOMMENDATION: Adopt Resolution 95-_0, recommending to the City Council approval of Street Name Change 95-006, a request to rename Old 52nd Avenue to Francis Hack Lane, east of Avenida Bermudas approximately 780 feet. Attachments: 1. Letter from applicant 2. Location map 3. Draft Resolution PCST.211 ATTACHMENT 1 March 10, 1995 Planning Commission City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Dear Commissioners: This letter is from the La Quinta Volunteer Fire Department requesting that the old Avenue 52 be renamed to Francis Hack Lane in the name of Francis Hack. Francis was a long time resident that helped many programs in La Quinta. She has donated many dollars to help the L.Q.V.F.C. progress into havingequipment La Quinta. Shelhas a so donatee any ltime d many department envious. She has truly helped save lives n pieces of play equipment to our parks and has sponsored numerous youth programs. When I started getting some information on Francis, everyone there was nothing she wouldn't do to Francis Hack. If someone or any organization needed help, help. Sincerely, Bruce Pelletier Engineer bphackln C,1 ATTACHMENT 2 L J LU 133b1S NOSb3333C O i N N O S- 4--) S. 4J %_— U co U U N (� co i +-3 J U U F-- Z .. O U N K N C C O E C I I co LO C I i l In W S. z +-) 4� W I S- U Q , Z 3nN3n'd CD Md C11 CD L7 ��'� ZLLJ / Q w OpuOb @LLP3 g \ w w V, tC O J C ro U U 133b1S NOIJNIHSVM o f,✓" U � " • Q N 4-3 ' W ro J w � Q � � U Q O SHOnm38 daIN3AV I I svonWb38 HOIN3AV ro O O m r i to ro to +3 C S- C 7 N fN C 7 > d O a1 N U r r ro r r J U U RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE APPLICATION TO CHANGE THE STREET NAME OF OLD 52ND AVENUE BETWEEN AVENIDA BERMUDAS AND ITS TERMINUS 780-FEET EAST TO FRANCIS HACK LANE. CASE NO.: STREET NAME CHANGE 95-006 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of March, 1995, in accordance with Section 14.08.050 of the La Quinta Municipal Code state, at the request of the La Quinta Volunteer Fire Department, their intent to consider a change in the street name Old 52nd Avenue to Francis Hack Lane; and, WHEREAS, the Planning Commission of the City of La Quinta, California, at the same meeting did set April 11, 1995, as a public hearing date on the above matter, in accordance with Section 14.08.050 of the La Quinta Municipal Code; and, WHEREAS, the Planning Commission of the City of La Quinta, did hold a public hearing on April 11, 1995, on Street Name Change 95-006 and recommended approval to the City Council; and, WHEREAS, the Planning Commission, at the meeting held on April 11, 1995,did find the following facts and reasons to approve Street Name Change 95-006. This street name change does not conflict with any approved specific plan, the La Quinta General Plan, or the La Quinta Zoning and Subdivision Ordinance. 2. The owners of all land adjacent to the affected street have been notified and no objections to the change in the street name have been received. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta as follows: 1. That the Planning Commission has followed the requirements of the La Quinta Municipal Code, Chapter 14.08 pertaining to Street Name Changes. 2. That the Planning Commission hereby recommends approval of Street Name Change 95- 006 changing the street name from Old 52nd Avenue between Avenida Bermudas and its terminus 780-feet east to Francis Hack Lane. RESOCC.128 1 Resolution 95- PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this llth day of April, 1995, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOCC.128 E31 # 1 STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 11, 1995 CASE NO.: SPECIFIC PLAN 90-017 (PGA WEST 5TH COURSE EXPANSION) REPRESENTATIVE: MR. FORREST K. HAAG, ASLA OWNER: KSL RECREATION CORPORATION LOCATION: EAST AND WEST OF MADISON STREET, NORTH OF AVENUE 58 (ATTACHMENT 1) REQUEST: ANNUAL REVIEW OF AN APPROVED DEVELOPMENT PLAN THAT ALLOWED 880 DWELLING UNITS ON PART OF AN 18-HOLE GOLF COURSE ON 220 ACRES. 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 History In 1984, the PGA West Specific Plan (83-002) and companion EIR was approved. The PGA West project is located on property generally south of Avenue 54, west of Madison Street, and north of Avenue 58. The project is on approximately 1,665+ acres and includes four 18-hole golf courses, 5,000 maximum single family dwelling units, and other related resort facilities. Presently, approximately 30 percent of the project is completed. PGA West Expansion In 1990, an application was received from Landmark Land Company requesting approval of Specific Plan 90-017. Specific Plan 90-017 proposed 880 dwellings on 220 acres. The project is located on the south side of the existing PGA West development. This later project was designed to interconnect with the original PGA West project. The project was approved on December 3, 1991 (Attachment 2). PCGT.111 Annual Review Requirement Condition 7 of Specific Plan 90-017 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." Annual Review Request In 1992, staff received a request by Landmark Land Company (LML) to process an 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. On January 27, 1995, staff received additional material from the applicant for their annual review application. On February 3, 1995, staff sent a letter to the current applicant explaining that to move forward with the initial annual review request of 1992, additional written documentation would be required. On March 13, 1995, staff received further correspondence from the applicant's representative explaining the acquisition chronology and the transfer of property from Landmark Land to the Resolution Trust Corporation. KSL Recreation Corporation purchased this site and adjacent LML holdings in 1993/94 (Attachment 3). The applicant is requesting a three year review period (Attachment 4). Planning Commission Review 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 to be held on May 9, 1995 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 the attached correspondence that the transfer of ownership of the property plus the legal problems that arose between 1992 and 1994 created major difficulties for the owners during this period. In the last few months, the developer has submitted a PM10 dust control plan, and is presently clearing the site of debris. Staff is aware of the owner's desire to begin grading the site for the planned installation of the golf holes shown in Specific Plan 90-017. The owner would like the golf course (Tom Weiskopf Signature Course) to be playable in the next six months. The grading plan is presently being reviewed by the City's Engineering Department and a permit should be issued shortly. PCGT.111 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 for Specific Plan 90-017 based on Condition 7 of Resolution 91-105. Attachments: 1. Vicinity Map 2. Approved site plan 3. ]Letter from Mr. Forrest Haag (with attachments) 4. Letter from Mr. Forrest Haag (Time Extension) 5. Original Resolution for Specific Plan 90-017 PCGT.111 Vicinity Map ATTACHMENT Scale: 1" = 6,000' C _cz CL N C A`rT•ACHMEN I' 2 4) n , .IS In 4-3rO U �CD I ro r � t U I iI t 1 I � q� = 12 /� •t �• � W N %'' I a j�� iaja its •s Q g . � 6 d c C k March 4, 1995 Mr. Greg Trousdell Associate Planner City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 rG7 ! ATTACHMENT 3 13 1995 P ��F� A--- Y C,��ir,r.A, Subject: Supplemental information for the Annual Status Review of Specific Plan 90-017 Dear Mr. Trousdell : This letter is provided in order to assist in the documentation of compliance with Condition of Approval #7 of City Council Resolution 91-105 for the Specific Plan 90-017 by KSL Recreation Corporation. This information is provided as a supplement to the detail implementation and compliance documentation letter provided to the Planning Director's office on January 24, 1995 and the attached revision letter dated February 22, 1995 and should allow the Planning Commission to find KSL Recreation Corporation in full compliance with the requirements of Condition of Approval #7 for Specific Plan 90-017. KSL Recreation is the current owner of the land encompassed by Specific Plan 90-017. The subject land was owned by Landmark Land Company of California, Inc. on the date of the approval of Specific Plan 90-017; December 3, 1991. As you will note from the attached chronology of events and correspondence, Landmark was barred from any productive development activity on the property from (just prior to) the date of the original specific plan approval to the date of acquisition by KSL Recreation on December 24th, 1993, at which time Landmark no longer had responsibility for the planning of the property. As there were no date - specific phasing requirements, triggers for development, or time limits on the approval of the overall specific plan, Landmark was effectively in compliance and acting in good faith with the terms of the specific plan up to the time of conveyance to their successor -in -interest, KSL Recreation Corp. With the exception of payment of any appropriate (past) annual processing fees, Landmark quite possibly has no further involvement in this matter. Similarly, KSL Recreation has no responsibility for Landmark's failure to comply with Condition #7 during the time after the approval, prior to the close of sale on 12/20/93. For the purpose of clarification of Landmark's responsibility prior to KSL's acquisition date, the "Planning and Land Use Manager" for Landmark Land Company of California, Inc. may be contacted at (619) 772-3439 for information relative to Landmark's disposition of PGA WEST if necessary. In conclusion, as development proceeds on PGA West Specific Plan 90-017, KSL Recreation is committed to good faith compliance with the approval requirements of the Planning Commission and City Council of La Quinta for the plan area including the requirements of Condition of Approval #7 for Specific Plan 90-017. Please notify me if further clarification is required to document KSL's compliance with Condition of Approval #7 for Specific Plan 90-017. S' ely, Fo St K. Haag, ASLA Attachment - KSL Acquisition Chronology Attachment - Revised implementation and compliance letter to City Of La Quinta cc: Nola Dyal, Esq., Steve Walser, Lloyd Watson, P.E., files KSL RECREATION CORPORATION PGA WEST ACQUISITION CHRONOLOGY DATE EVENT 10/11/91 Landmark Land Company, Inc. ("LML') parent to the California Subsidiary places six real estate subsidiaries (including LML of California, Inc.) under the protection of Chapter 11 Bankruptcy in U. S. District Court in Charleston, South Carolina. 10/13/91 Office of Thrift Supervision("OTS), acting under its authority enabled by the Financial Institution Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"), seizes control of Oak Tree Savings Bank, the funding entity and major share holder of subsidiary assets. Oak Tree Savings Bank(Old Oak Tree") is placed in receivership by OTS and a new institution, Oak Tree Federal Savings Bank ("OTFSB") is chartered as successor in interest to Old Oak Tree. The Resolution Trust Corporation ("RTC") is named as Conservator for OTFSB. 8/92 - 9/92 The Fourth Circuit Court of Appeals overturns the U.S. District Court's injunction prohibiting RTC from voting its shares of stock or otherwise taking action to change management of the debtor subsidiaries, thus clearing the way for RTC to gain control of LML of California, Inc. and its real estate assets. Intervention in the California Subsidiary affairs occurs in September of 1992. At this juncture, RTC assumes management of the assets and begins preparing for the marketing and sale of the assets. 3/18/92 RTC submits a revamped Plan of Reorganization ( a modification of the Reorganization Plan submitted to the Bankruptcy Court by Landmark Land Company, Inc.) to the U. S. Bankruptcy Court for approval. Subsidiaries continue to operate under the protection of the U. S. Bankruptcy Court with an Operating Order of the Court. 7/14/93 Open outcry auction held in Dallas for the first six resorts including PGA West. Purchase and Sale Agreement is executed by high bidder, KSL Recreation Corporation for PGA West. 8/12/93 U. S. District Bankruptcy Court approves sale of PGA West to KSL Recreation Corporation. 12/24/93 Landmark Land Company of California, Inc and KSL Recreation Corporation close sale of PGA West. Grant Deeds are recorded conveying all interest in the real property - effective 12/30/94. EMAR131193951 AENT February 22, 1995 Herman Director of Planning and Development City of La Quinta; 78-495 Calle Tampico La Quinta, CA 92714 MAR 1 3 1995 Re: Annual Status Review of Specific Plan 90-017 71tl OF LA GUNTA PLANNING DEPARTMENT Dear Mr. Herman: Y _ _ This letter is provided in order to supplement the information provided to your department on the 25th of January, 1995 in order to document compliance with Condition of Approval #7 of Specific Plan 90-017. The status of planning issues within SP 90-017 are compared to nine key planning elements, guidelines, and policies within the General Plan of La Quinta as necessary to delineate the current status of 90-017. As you are aware, KSL Recreation has initiated the development of the Tom Weiskopf 5th course within the plan area since the january 25th letter submittal and is currently complying with all environmental mitigation requirements to proceed with the construction of the course. Text provided herein that differs from the January 25th letter is in bold type. General Plan - LAND USE ELEMENT Specific Plan 90-017 is in conformance with the goals, policies and objectives of the Land Use Element of the La Quinta General Plan. The entitled general plan designations and existing zoning provide for a Low Density (R-2) residential development consistent with the character, density and intensity present in the PGA West development today. This low density resort image will, when implemented, further enhance the City's high quality of life for the residents. KSL Recreation is in the process of finalizing the preparation of plans for the 5th golf course within the plan area of 90-017 and PGA West. A grading plan will be prepared for submittal to the City of La Quinta for construction permit approvals. The majority of the land area of the 5th course is located within Specific Plan 90-017 and is consistent with the land use approval within that area of 90-017. A smaller portion of the 5th Course land area is covered by the `original" PGA West approval and is consistent with the existing zoning and land use designation within that plan area. General Plan - CIRCULATION ELEMENT Specific Plan 90-017 conforms with the goals, policies and objectives of the Circulation Element of the La Quinta General Plan as there are currently no constructed roadways within the Specific Plan boundary. Circulation facilities envisioned to occur with the plan area will be consistent with the intent of the approved specific plan circulation concept in order to provide adequate circulation to and from the residential areas within 90-017. The 5th golf course planned for PGA West will refine an alignment for a connection to Madison Street from the present terminus of PGA Blvd. As presently planned, the alignment between SP 90-017 and the existing development at the Nicklaus Resort Course provides a logical alignment for this connection to Madison Street.. In order to establish the level of need and/or the appropriate lane configuration for the connection to Madison Street, a study commissioned by KSL Recreation, completed by Endo Engineering, focused on determining the appropriate degree of reliance on this connection to Madison Street. Based on the findings of the research and on -site evaluation by Endo Engineering, a connection is presently planned to Madison Street from the residential areas south of the Resort Core to allow residents access to and from Madison Street. This connection would be designed to allow either ` unrestricted" or "Guard Gate Access" from Madison Street to the project area with a similar connection at the southerly terminus of PGA Blvd. and would be consistent with the conceptual circulation diagrams presented thus far in the approval process for entitlements at PGA West. Technical data provided by Endo Engineering indicates that compliance with La Quinta General Plan Circulation Element and the master circulation plan for PGA West will be fully realized with this concept. Roadway design standards will be based upon design objectives reflecting the desired character of the surrounding area as well as the forecasted travel demand as required by the general plan circulation objectives. General Plan - OPEN SPACE ELEMENT Specific Plan 90-017 conforms with the goals, policies and objectives of the Open Space Element of the General Plan. Approximately one half of the plan area is dedicated to the golf course open space and when developed will be a significant manmade feature reserved for outdoor recreation, flood control, and enhancement of the local and regional resort identity of the community. Impacts to cultural resources will be mitigated as required by the certified environmental documentation for the current entitlement. General Plan - PARK AND RECREATION ELEMENT Specific Plan 90-017 is in conformance with the goals, policies and objectives of the Park and Recreation Element of the La Quinta General Plan. Area within the Madison Street right-of-way is envisioned to provide a corridor for linkage for the general plan trail systems. As stated above,approximately one half of the Specific Plan 90-017 area is dedicated to the golf course open space. This will constitute a significant and permanent manmade feature reserved for outdoor recreation, flood control, and enhancement of the recreational identity of the community. General Plan •• ENVIRONMENTAL CONSERVATION ELEMENT Specific Plan 90-017 is in conformance with the goals, policies and objectives of the Environmental Conservation Element of the La Quinta General Plan. Impacts to cultural, ground and surface water, soil, and energy resources will be mitigated as required by the certified environmental documentation for the current entitlements. As related to the current development on the Specific Plan area for the implementation of the 5th course at PGA WEST, the Archaeologic and Paleontologic Resource impact mitigation is currently underway under the guidance of the City of La Qninta's Planning Staff and the consulting firm of Paleo Environmental Associates. A detailed report of findings from on -site trenching by the consultant and related laboratory work is being used as a framework for compliance with the mitigation requirements of the EIR for 90-017. Grading monitoring will occur during the golf course construction as required by the consulting Paleontologist to reduce any adverse environmental impact to an insignificant level. General Plan - INFRASTRUCTURE AND PUBLIC SERVICES ELEMENT Specific Plan 90-017 conforms with the goals, policies and objectives of the Infrastructure and Public Services Element of the La Quinta General Plan as no development has occurred to date in the plan area. Development of the residential element of the plan will require the implementation of the infrastructure and public services to support the project area and are envisioned to be commensurate with the level services required by the existing PGA West development concept. General Plan - ENVIRONMENTAL HAZARDS ELEMENT Specific Plan 90-017 is in conformance with the goals, policies and objectives of the Circulation Element of the La Quinta General Plan as no development has occurred to date in the plan area. The plan area, upon development, is subject to and consistent with the policies and objective of hazard preparedness as related to geologic, soils, flood, fire, noise, and other hazard issues. General Plan - AIR QUALITY ELEMENT Specific Plan 90-017 is in conformance with the goals, policies and objectives of the Air Quality Element of the La Quinta General Plan. General Plan - HOUSING ELEMENT Specific Plan 90-017 is in conformance with the goals, policies and objectives of the Housing Element of the La Quinta General Plan as no residential housing has been constructed to date. It is envisioned that residential development within the Specific Plan boundary will conform with the objectives of the General Plan Housing Element which are in place at the time of permitting and construction. In conclusion, as development proceeds on PGA West Specific Plan 90-017, KSL Recreation is committed to compliance with the approval requirements of the Planning Commission and City Council of La Quinta for the plan area. Please notify me if supplemental information is required to comply with Condition of Approval #7 of Specific Plan 90-017 per Council Resolution 91-105. Sip erely, oorest K. Haag, ASLA CC: Nola Dyal, Esq., Steve Walser, Lloyd Watson, P.E., files Forrest K. Haag, ASLA � a MAR 1 3 1995 ilY bF LA GUIt.TA PLAMbNN [ RARTMENT Design and Land Planning 34 Springacre, Irvine, CA 92714 ph/fax (714) 786-8943 March 22, 1995 Mr, Greg Trousdell Associate Planner City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: Status Review interval for Specific plan 90-017 Dear Mr.Trousdell: ATTACHMENT 4 'bY 4 y � � •'sq `S ' 1 �•� ! MAR 3 0 11955 J cg aL k,.,..a �� @ As discussed in our "over the counter" meeting on March 2lst, please confirm KSL Recreation Corporation's desire to achieve the maximum allowable time frame for Planning Commission's future consideration of the Status Review of Specific plan 90-017. Based on our conversations, there is no prerequisite or specified interval for review of Specific Plans. With this in mind, and given the scope of the specific plan, KSL Recreation Corporation requests a three year interval for future reviews of Specific Plan 90-017. Please integrate this request within your staff review of this issue prior to the Planning Commission hearing on April 1 lth 1995. I may be reached at (714) 786-8943 if further discussion of this item is necessary prior to the hearing on the I Ith of April. K. Haag, ASI A CC; Nola Dyal, Esq., Chevls hoses, Lloyd Wataon, P II., Piles Formt K. Haag, ASLA Design and Land Planning 34 springacre, Irvine, CA 9210 phifax (714) 786.8943 Td Wdb0:20 S66T 02 'uEW 2b6898L+VLL : 'ON 9NOHd #U-1Sti6?EH#A*Saaa0d : WC ATTACHMENT 5 CITY COUNCIL RESOLUTION 91-105 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 90-017 - LANDMARK LAND COMPANY DECEMBER 3, 1991 * Mitigation Measure of Final EIR for SP 90-017 + Condition modified by Planning Commission o Condition modified by City Council GENERAL CONDITIONS 1. The development shall comply with Exhibit "A", the Specific Plan for Specific Plan 90-017, 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 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 or program shall indicate station locations and design parameters and standards, and shall be subject to review by the Planning and Development Department. Said plan or 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 or program. CONAPRVL.034 CONDITIONS OF APPROVAL Specific Plan 90-017 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. S. 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. ENVIRONMENTAL *9. All adopted mitigation measures, as recommended in the Draft/Final EIR, shall be incorporated into all future project approvals relating to SP 90-017 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- 017 area. Said mitigation measures are hereby incorporated into these conditions by reference. +*10. 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. 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 coNAPRVL.034 2 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 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 . *11. 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: 12. 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. 13. 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 Applicants other proposals (SP 90-015 & SP 90-016) as well as existing and approved area CONAPRVL.034 3 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 projects. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. Coachella Valley Water District 14. Specific Plan 90-017 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 . *15. 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 16. 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 *17 . 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 *18. Applicant/Developer shall pay a parkland mitigation fee based upon a requirement of 2.57 acres, as determined based upon the La Quinta General Plan standards and the analysis in the Staff report for SP 90-017. 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 *19. 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, 110-foot full width; 55 feet on each side of centerline between 58th Avenue and project boundary. cONAPRVL.034 4 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 B . 58th Avenue - 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. 20. The on -site private streets shall be constructed in 37-foot wide access easements granted to the homeowner's association. o21. Improved landscaped setback lots of noted width adjacent to the following street right of ways shall be constructed when the adjacent street improvements as follows: A. Madison Street, 20-feet wide as per 19A above; B. 58th Avenue, 20-feet wide. The Madison Street setback lots 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. 22. Vehicle access rights to Madison Street and 58th Avenue shall be vacated except for the residential access shown on the Circulation Plan in the Specific Plan. o23. 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. Madison Street/Avenue 58: 25% fair share responsibility; B. Madison Street/Main Gate: 50% fair share responsibility; C. Avenue 58/Secondary Gate: 100% fair share responsibility. 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. 2. Residential Secondary Gate - Full turning movement permitted. CONAPRVL.034 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 *25. Bus turnouts and bus waiting shelters shall be provided on Madison Street, 58th Avenue as may be requested by Sunline Transit when street improvements are installed. Street improvement plans shall be reviewed by Sunline Transit Agency prior to finaI City approval. +*26. All street improvements shall be installed in accordance with the General Plan, the La Quint$ Municipaand shalllCode, aopted Standard Drawingsinc include all appurtenant ompo ents�required bye same. city Enner's requirement 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. ll be phased in a manner hat is The ist and with -site s to subdivision ion maps andprovements ain internal circulation needstof the consistent wrath 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 -full width Local Street, 36 feet wide 1. All private local streets 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 d lydinance is adopted 60 days prior to recordation of t provide the o he map . provided 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) - Full - width Primary Arterial street improvements, 110-foot option. 2. Avenue 58 (portion contiguous to specific plan boundary) Half -width Primary Arterial street improvements, 110-foot right of way option. CONAPRVL.034 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 27. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. +*28. 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. +*29. The Applicant/Developer shall provide a secondary/emergency access to the easterly adjacent north forty acres (APN 761-170-005) . Proposed location of this access shall be shown at the time of the initial tract/parcel map submittal, with the access design to be reviewed and approved with the first adjacent tract map. This access shall be subject to review and approval by the City Fire Marshal, the City Engineer, and the Planning and Development Department. HYDROLOGY/GRADING/DUST CONTROL 30. 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. *31. 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. *32. 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. CONAPRVL.034 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 *33. 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. *34. 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. 35. 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. *36. 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. cONAPRVL.034 8 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 LAND USE 37. 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. 38. 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. 39. 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+40. 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. 41. Perimeter security walls shall be subject to the following standards: A. Setback from right-of-way lines along Madison Street, and 58th Avenue shall average 20 feet. 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 #21. *C. Perimeter wall designs shall incorporate noise abatement requirements as set forth in the Final EIR for SP 90-017. o42. A 6-foot wide meandering sidewalk shall be constructed in. the northerly, easterly and westerly parkways and landscape setback lots of 58th Avenue and Madison Street respectively. Sidewalk design along Madison Street shall take into account the required equestrian trail. o43. 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. CONAPRVL.034 9 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 Landscaping Requirements 44. 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. 45. 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. *46. 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. *47. 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 use f features incorporated into the design of the structures, 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 . CONAPRVL.034 10 CONDITIONS OF APPROVAL Specific Plan 90-017 December 3, 1991 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. +48. 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 49. 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.034 11 Bi #2 STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 11, 1995 CASE: SIGN APPLICATION 95-302 REQUEST: TO MODIFY THE MASTER SIGN PROGRAM FOR THE PLAZA LA QUINTA SHOPPING CENTER TO ALLOW AN ADJUSTMENT IN THE TYPE, SIZE AND LOCATION OF THE BUILDING SIGNS ALLOWED FOR THE BEER HUNTER SPORTS PUB AND GRILL AT THE SOUTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 111. APPLICANT: IMPERIAL SIGN CO., INC. (C/O MR. JIM ENGLE) LOCATION: 78-483 HIGHWAY 111 BACKGROUND: The existing Plaza La Quinta Shopping Center was approved by the County of Riverside in the late 1970s (PP 3986). The retail center is on approximately 10 acres and was designed for 140,000 sq. ft. The development was constructed in the early 1980s. Sign Application Request On April 3, 1995, staff received a sign application request from the Imperial Sign Company, representing the owner of the restaurant, requesting three building signs for the newly remodeled Beer Hunter Sports Pub and Grill (formerly the Beef and Brew Restaurant). The applicant has requested that the Commission allow the restaurant three signs on the building. The signs are located on the north, west and east sides of the building (Attachments 1, 2, and 3) . The signs on the east and west sides of the building will include an internally illuminated logo and non -illuminated molded (12-inch high) raised letters attached to the building wall. The logo measures approximately 4'-3" by 30" and the design is consistent with the owner's other existing restaurants in Cathedral City and Palm Desert. The logo sign is not proposed on the north side of the building. The sign colors are described in the attached material. Existing Sign Criteria for the Shopping Center The sign guidelines for the existing center were received by staff in 1986. The following excerpt from the criteria is pertinent to this application request: PCGT.113 Major or chain store tenants - "....it being understood and agreed that these occupants may have their usual identification signs on their buildings, as the same exist from time to time on similar buildings operated by them in California, provided, however, there shall be no roof top signs which are flashing, moving, or audible and provided said signs are architecturally compatible and have been approved by the Project Architect." A letter from the real estate manager approving the request is attached (Attachment 4). Sign Code Provisions Chapter 9.212.030(F) allows the Planning Commission to review adjustments to adopted sign programs to provide adjustments to allow additional sign area, additional numbers of signs, an alternate sign location, an alternate type of signage or additional height may be granted. Further, subsection F(1)(3)(4) allows the Commission flexibility to: 1) transfer area from one building wall to another building wall, 2) allow alternate on -site sign locations, 3) allow alternate types of signs if they improve the overall appearance of the building, and 4) allow additional sign area for graphic art purposes. In this case, the previous business tenant has vacated the site and the new business owner has requested a similar type sign program for the freestanding restaurant building in lieu of having a sign on the south side of the building. The only exception to the sign program is the owner has applied to install a new sign on the west elevation of the building. The sign is located over the newly constructed entrance into the building. Staff Comments The Sign Ordinance allows the owner of the business to apply for one or more building signs. The maximum size of one or more signs shall not exceed 50 square feet. In this request, the maximum sign area provision is being exceeded by approximately 35 square feet. However, the sign locations are permissible and architecturally compatible with the building. Staff supports the signage request as submitted because findings to justify the request can be made (Attachment 5). RECOMMENDATIONS• By Minute Motion 95- approve the request based on the attached Findings and Conditions. Attachments: 1. Site Plan (Reduced) 2. Sign Exhibits (Reduced) 3. Sign Exhibits (Reduced) 4. Letter from Ms. Viola I. Sanchez 5. Draft Findings and Conditions PCGT.113 W W V) z 0 co fN 3 :' ATTACHMENT 1 O Point Ha Ran - PPY Ranch (N A-P) I �t Building Pad ! �- Site "H" Vacant I Building Pad Site "G" Newly Remodeled Restaurant A -.%, P/1- -; Service Lane Beachside RestGurant \ Parking Lot for the Existing Shopping Center 4,7,7 \ ��� / / / / ' North CASE MAP -1:;e" r CASE Na Beer Hunter Sports Pub and Grill SCALE : nts Vicinity Map � Q ¢ o s.Zi*11. -, a19a'low � NI n �+ N o� a Q� M :NOI, I=G � _ o n Nil .n z � U u�l ci ` Z �$ = E� im roleNl O _ < yo Z ¢ C €w ATTACHMENT 3 iD » •NC -psi:,; a�taNlWm71-Noll 41I _b� o O ��' P `` N N h'�'I i ,l-1 "1 vrizl� I or Z NOIldl8OS30 � 3N g om -z U 7 o- a O J E t- Q Q CS a -z Q� �0 7 V � Z � 0 0 p � Q � q J1 F- � C ?�F�s1LU N � y z / uki t4, o$ z o� } ft m � z •3 tu C Z 0 Q 3� I o a � j ZU a�0 HI ARR-03-95 TUE 01:48 IMPERIAL SIGN CO—INC. 619 347 0343 P 02 W040WOO aea Wore seNrcas John iff""Sh4un ATTACHMENT 4mp 415V3 Wf4C6lk::TER Ra, 3VITE 10.5 TEMECUTA, CAW590 PAX "-676.1757 March 31,1995 Mr. Ray Laird The Beer Hunter 78-483 .Highway 111 La Quinta, California 92253 Re: Signage at The Beer Hunter, La.Quinta Dear Reny, This is to acknowledge. that the LandlortWarako California has: reviewed the renderings submitted by Imperial Sign Co. dated March 14,199S. Approval is hereby granted to install signage according to the aforementioned renderings. If you have any questions and/or comments, please call me. Sincerely, Viola I. Sanchez Real Estate Mamager Real Estate apd Asset Maniagemeot VIS/mfa cc: Jim Engle, Imperial Sign Co., Inc. ATTACHMENT 5 CONDITIONS OF APPROVAL - RECOMMENDED SIGN APPLICATION 95-302 BEER HUNTER APRIL 11, 1995 FINDINGS: 1. The proposed freestanding sign 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 building signs are permissible based on Chapter 9.212.030(F) (1, 3 and 4) because only one sign is proposed per building elevation and the new signs are compatible with the architecture of the structure. CONDITIONS• 1. A building permit shall be obtained from the Building and Safety Department to install the signs pursuant to the exhibits on file with staff. 2. The building signs shall be constructed within six months from the date of this approval otherwise the permit shall be null and void. CONAPRVI-147