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1992 10 13 PC
on an .L M E ( I t P 0 1 tno 2 • 1992 Ten Carat Decade PLAMING COMI,S,SXON AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chambers 78-105 Calle Estado La Quinta, California October 13, 1992 7:00 P.M. **NOTE** ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED TO THE NEXT COMMISSION MEETING Beginning Resolution 92-033 Beginning Minute Motion 92-033 CALL TO ORDER - Flag Salute ROLL CALL PUBLIC HEARINGS 1. Item ............... TENTATIVE TRACT 26718 Applicant .......... Walter Hansch Location ........... East side of Jefferson Street approximately 1650 feet south of 50th Avenue Request ............ Approval of a tentative tract map to create 125 single family lots on 39 + acres in the R-1 Zone. Action ............. Request to continue to December 8, 1992 2. Item ............... TENTATIVE TRACT 26855 Applicant .......... Sumbad & Sharron Kanlian Location ........... East side of Jefferson Street approximately 200 feet south of 50th Avenue. Request ............ Approval of a tentative tract map to create 73 single family lots on 23 + acres in the R-1 Zone. Action ............. Request to continue to December 8, 1992 PC/AGENDA 3. Item ............... TENTATIVE TRACT 24890 Applicant .......... J. M. Peters Company, Inc. Location ........... Area generally bounded by 52nd Avenue on the south, Jefferson Street on the east and Calle Rondo on the west. Request ............ Approval of a second one year time extension for balance of tentative tract which divides 404 ± acres into 392 ± residential lots in the R-2 Zone. Action ............. Resolution 92- 4. Item ............... TENTATIVE TRACT 26251 Applicant .......... Landmark Land Company Location ........... Within the La Quinta Cove Golf Club Specific Plan 122-E (Santa Rosa Cove), ± 1/4 mile northwest of the intersection of Avenida Fernando and Avenida Obregon. RNuest ............ Approval of a one year extension of time. Action ............. Resolution 92- 5. Item ............... TENTATIVE TRACT 23995, EXTENSION #2, SPECIFIC PLAN 88-012, AMENDMENT #2 Applicant .......... A. G. Spanos Construction, Inc. Location ........... Area between Washington Street, Miles Avenue, Adams Street, and the Whitewater Channel Request ............ Approval of second one year time extension for 'Tentative Tract 23995 and a request to amend Specific Plan 88-012 (Amendment #2). Action ............. Resolution 92- & 92- 6. Item ............... SPECIFIC PLAN 89-014, AMENDMENT #1 Applicant .......... Transpacific Development Co. (111 La Quinta Center) Location ........... Area bounded by Highway 111, Washington Street, Whitewater Storm Channel, and Adams Street (Future street). Request ............ Approval of an Amendment to the specific plan to allow drive through facilities within the shopping center. Action ............. Resolution 92- PUBLIC COMMENT This is the time set aside for citizens to address the Planning Commission on matters relating to City planning and zoning which are not Agenda items. When addressing the Planning Commission, please state your name and address. BUSINESS SESSION - None CONSENT CALENDAR Approval of the Minutes of the regular Planning Commission meeting held September 22 & 28, 1992. OTHER Review and comment by October 19, 1992, the alternative plan for the La Quinta Service Center. ADJOURNMENT ------------------------------------------- ------------------------------------------- 1. All Agenda items. 2. PC/AGENDA STUDY SESSION MONDAY, OCTOBER 12, 1992 4:00 P.M. 2 PH # 1 STAFF REPORT PLANNING COMMISSION MEETING DATE: OCTOBER 13, 1992 CASE NO: TENTATIVE TRACT 26718 APPLICANT: WALTER HANSCH ENGINEER: J. F. DAVIDSON & ASSOCIATES, INC. REQUEST: APPROVAL OF A TENTATIVE TRACT MAP TO CREATE 125 SINGLE FAMILY LOTS ON 39+ ACRES IN THE R-1 ZONE. LOCATION: EAST SIDE OF JEFFERSON STREET APPROXIMATELY 1650 FEET SOUTH OF 50TH AVENUE CONTINUATION REQUEST: The Applicant has requested a continuation of this item to the meeting of December 8, 1992. RECOMMENDATION: Staff recommends that this item be continued to the meeting of December 8, 1992, as requested by the Applicant. Attachments: 1. Location map 2. Letter of request for continuation PCST.081 1 CASE N0. Hwy. 111 o 0 . N Ave. 48 .o a 3 TE Ave. 50 ---SI . ° c ° o a® 00 W c ° - -- --- 52nd Ave., VICINITY MAP fir A ll� I LOCATION '* N.T.S. ORTH SCALE: 0 10%07.1992 09e 45 JFLA PANAF.;"% I-JF-600 +:*** 1471227--5 F03 31378 Camino Capistrano, Suite 270 13STA Juatl Captstranot CA 92675 (714) 248-2248 FAX (714) 248.2250 � 1 f 'From: Re: Mk s ,- Number of pages (including cover sheet): if You do not receive all pages or there are other problems with this transmission, please wntact us immediately. MANC .&, oeOvIP I00 ` M16 Ifd Y''NON Y J HJSNdH WQS � 98 o 86. 3 .1D0 PH #2 STAFF REPORT PLANNING COMMISSION MEETING DATE: OCTOBER 13, 1992 CASE NO: TENTATIVE TRACT 26855 APPLICANT: SUMBAD AND SHARRON KANLIAN ENGINEER: J. F. DAVIDSON & ASSOCIATES, INC. REQUEST: APPROVAL OF A TENTATIVE TRACT MAP TO CREATE 73 SINGLE FAMILY LOTS ON 23 ± ACRES IN THE R-1 ZONE. LOCATION: EAST SIDE OF JEFFERSON STREET APPROXIMATELY 200 FEET SOUTH OF 50TH AVENUE CONTINUATION REQUEST: The Applicant has requested a continuation of this item to the meeting of December 8, 1992. RECOMMENDATION: Staff recommends that this item be continued to the meeting of December 8, 1992, as requested by the Applicant. Attachments: 1. Location map 2. Letter of request for continuation PCST.080 1 17 J CASE No. HWY. 1 11. Ave. 48 a r • be a s• ow 00 SITE Ave. 50 52Rd Av i VICINITY MAP N.T.S. SCALE: 10/07./ 1992 EtQ 45 7FD^ PANAFAX OF-600 14712255 F .rf02 rwr WWI ar.ss. ur—ceNj TIFrPF 14'ri '$`�i l�.a? OCtOlil+c o. 1902 StAn laws# COMUO6ty lbevolopmnt vepart+tant Otty a ba QUA VIOR P.O. hox 1604 to Quint&, C4 62151 P.M. 6012216 8UBJACTa MOW f0t Cont1A44nfe at P4blip 8649144 for Tract 26,856 frors 00tobos 1.5, 1002 to Denamber 6, 1062 Gear Xv. Raw Ne respeCtfUIly are neat tho abntinuaroo of tie Publics Rearing for Tenta9 LY6 lubdIv1v.lon rapt Uaot 26,351,► frOM, tilt ataboduled hå of October 13, 1902 tO tnO PICUILIq OonnitatC+n Meeting to be hold December 6, 1292. No thafas you 109 your aeeistlAoe in this matter. Plaaae advipe if thsro Sa any dilfioulty tit aptt,nUing this Caaea !or the roqueeted AMOu at O! timo.. Ulawdxeay" 9umbad Kaa Uan Oppya W. hana®h B. ftlliatn®, a.r, e�rislaorY Aa�oC., amc, 2F;wv8x;vb STAFF REPORT PLANNING COMMISSION MEETING DATE: OCTOBER 13, 1992 PROJECT: TENTATIVE TRACT 24890, EXTENSION #2 APPLICANT: J. M. PETERS COMPANY, INC. ENGINEER: MORSE CONSULTING GROUP REQUEST: APPROVAL OF SECOND ONE YEAR TIME EXTENSION FOR BALANCE OF TENTATIVE TRACT WHICH DIVIDES 404± ACRES INTO 392+ RESIDENTIAL LOTS IN THE R-2 ZONE. LOCATION: AREA GENERALLY BOUNDED BY 52ND AVENUE ON THE SOUTH, JEFFERSON STREET ON THE EAST AND CALLE RONDO ON THE WEST, WITHIN OAK TREE WEST SPECIFIC PLAN AREA. ENVIRONMENTAL CONSIDERATIONS: THIS TENTATIVE TRACT MAP WAS PREVIOUSLY ASSESSED DURING CONSIDERATION OF SPECIFIC PLAN 85-006 (OAK TREE WEST). THEREFORE NO FURTHER DOCUMENTATION IS DEEMED NECESSARY. BACKGROUND: This tentative tract which allows 377 detached custom single family units and 188 duplex units, was approved by City Council at their meeting of October 17, 1989, subject to a number of conditions. This tract is the northern part of the Oak Tree West Specific Plan project that was approved in 1985 as Specific Plan 85-006. The Citrus Golf Course runs through the tract with the clubhouse for this golf course located near the northeast corner of the property. The golf course and clubhouse are owned by Landmark Land Company. To date all of the tentative tract (9 phases) with the exception of a small area at the northern end of Park Avenue has been recorded. The unrecorded portion consists of three custom single family lots and two duplex lots which will eventually house 34 units. To date only the model units have been completed. The first one year extension of time was granted by the City Council at the meeting of October 21, 1991. No progress in recordation of final map for the last phase has occurred. PCST.020 ANALYSIS: The Engineering Department has requested that a paragraph be added to Condition #42, pertaining to the installation of tract -wide improvements. That amendment is paragraph two of the condition in the attached draft resolution. The Planning and Development Department recommends Condition #3 be amended as noted in the draft resolution to include the specific expiration date which will be October 17, 1993. FINDINGS: Findings for justification of a recommendation for approval of the Second One Year Extension of Time for this tentative tract map can be made and are found in the attached Planning Commission Resolution. RECOMMENDATION: By adoption of attached Planning Commission Resolution 92- , recommend to the City Council concurrence of the Second One Year Time Extension for Tentative Tract 24890. Attachments: 1. Location map 2. Letter of request 3. Tentative Tract 24890 4. Draft Planning Commission Resolution 92-. PCST.020 2 u 6 to C o :yN0ATA CASE MAP NORTH ICASE24890 VAR 89-01 SCALE: CATION MAP NTS 0( OM,A-W- PW August 17, 1992 Mr. Stan Sawa Principal Planner CITY OF LA QUINTA Planning Department 78-105 Calle Estado La Quinta, CA 92253 TENTATIVE TRACT MAP NO. 24890 (J.M. Peters Company) Dear Stan: We respectfully request that tentative tract map no. 24890 be extended for another year from its date of expiration in October, 1992. As part of the request, we are submitting the following: 1. Completed Application 2. Check of $75.00 3. 2 sets of 300' radius map with address labels. 4. 25 copies of referenced map with unrecorded tract delineated (folded 8'h x 11") Please contact me if you need more information. Sincerely, J es Ko .i 2598400\24890\jk154jn4 Encl. PLANNING COMMISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING 'FINDINGS AND GRANTING APPROVAL OF SECOND YEAR ONE TIME EXTENSION FOR TENTATIVE TRACT 24890 TO CREATE A 392 RESIDENTIAL LOT SUBDIVISION ON APPROXIMATELY 404 ACRE SITE. CASE NO. TT 24890, SECOND EXTENSION OF TIME J. M. PETERS COMPANY WHEREAS, the Planning Commission of the city of La Quinta, California did on the 12th Day of September, 1989, hold a duly -noticed Public Hearing to consider the request of J.M. Peters Company, Inc. to divide approximately 404 acres into 657 lots (564 residential units) in the R-2 and C-P-S (change of zone to R-2 under consideration) zone, generally located at the northwest intersection of 52nd Avenue and Jefferson Street, more generally described as: Portions of the south half of the north half and the south half of Section 5, TSS, R7E, SBBM. WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of October, 1989, hold a duly -noticed Public Hearing to consider the Applicant's request and recommendation of the Planning Commission concerning the Tentative Tract Map No. 24890; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of October 1991, did consider a request for the first one year extension of time; and, WHEREAS, the City Council of the City of La Quinta did on the 21st day of October, 1991, did approve the request of the Applicant for the First One Year Extension of Time; and, WHEREAS, the Planning Commission of the City of La Quinta did on the 13th day of October 1992, consider the request of the applicant for the Second One Year Extension of Time; and, WHEREAS, said Tentative Map Time Extension has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution No. 82-213, adopted by reference in City of La Quinta Ordinance No. 5), in that the Planning Director has determined that this Tentative Tract Map has previously been assessed during consideration of Specific Plan No. 85-006; and CS/RESOPC.041 - 1 WHEREAS, mitigation of various physical impacts have been identified and incorporated into the approval conditions for Tentative Tract No. 24890 and Specific Plan No. 85-006, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Commission did find the following facts to justify recommendation for approval of said Tentative Tract Map, Time Extension: 1. That Tentative Tract No. 24890, as conditionally approved, is consistent with the goals, policies, and intent of the La Quinta General Plan for land use density, circulation requirements, proposed zoning district development standards, and design requirements of the Subdivision Ordinance and the La Quinta Municipal Code. 2. That the design of Tentative Tract Map No. 24890 will not cause substantial environmental damage or injury to the wildlife habitat. 3. That the proposed subdivision, as conditionally approved, will be developed with adequate sewer, water, drainage, and other utility systems, and, therefore, is not likely to cause serious public health problems. 4. That the proposed Tentative Tract No. 24890, as conditioned, will provide for adequate maintenance of all common areas and facilities, including the internal private street system, stormwater retention areas, and common landscaped areas. 5. That the design of Tentative Tract Map No. 24890 will not conflict with easements acquired by the public at large for access through the project, since alternate easements for access and for use will be provided, which are substantially equivalent to those previously acquired by the public. 6. That general impacts from the proposed tract were considered within the MEA prepared and adopted in conjunction with the La Quinta General Plan, and were further considered during preparation of Environmental Assessment for Specific Plan No. 85-006. WHEREAS, in the review of this Tentative Tract Map Time Extension, the Planning Commission has considered the effect of the contemplated action of the housing needs of the region for purposes of balancing the needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources. CS/RESOPC.041 - 2 - 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 for approval the subject Tentative Tract Map No. 24890, Time Extension #2 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13th day of October, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California CS/RESOPC.041 - 3 - PLANNING COMMISSION RESOLUTION 92- CONDITIONS OF APPROVAL TENTATIVE TRACT 24890, SECOND EXTENSION OF TIME OCTOBER 13, 1992 * Added by City Council on October 17, 1989. ** Amended by City Council on October 17, 1989. *** The 60-foot dimension may be reduced to 55-feet pending the outcome of proposed General Plan Amendment. + Amended by Planning Commission on October 13, 1992 GENERAL 1. Tentative Tract Map No. 24890 shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2. Design and improvement of Tentative Tract 24890 shall be in substantial conformance with Exhibit A, except where there are conflicts between these conditions and said Exhibit, these condition(s) shall take precedence. +3. This Tentative Tract Map approval shall expire October 17, 1993, unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 4. All applicable requirements and conditions of Specific Plan No., 85-006, as amended shall be met as stipulated in City Council Resolution NO. 89-76 (or current resolution). 5. Existing power poles shall be undergrounded as required by the La Quinta Municipal Code Section 13.28.090. 6. Prior to issuance of any building permits, the appropriate Planning approval shall be secured prior to establishing any of the following uses: a. Temporary construction facilities. b. Sales facilities and/or model homes, including their appurtenant signage. (Model home unit permits will not be issued until the final map has been recorded.) C. Access gates and/or guardhouses. d. On -site advertising/construction signs. 7. Prior to final map approval, the Applicant shall submit to the Planning Division for review and approval a plan (or plans) showing the following: CS/CONAPRVL.038 - 1 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 a. Landscaping, including plant types, sizes, spacing, locations, and irrigation system for all landscape buffer and common areas including gates. Desert or native plant species and drought -resistant planting materials shall be incorporated into the landscape plan. b. Location and design detail of any proposed and/or required walls. C. Exterior lighting plan, in conformance with any future "Dark Sky" Ordinance emphasizing minimization of light and glare impacts to surrounding properties. 8. Prior to building permit approval(s), the subdivider shall submit criteria to be used for landscaping of all individual lot front yards. At a minimum, the criteria shall provide for three 15-gallon trees on interior lots and five 15-gallon trees on corner lots, as well as an irrigation system and suitable ground cover. 9. The subdivider shall make provisions for maintenance of all landscape buffer common areas, recreation areas, and storm water retention areas via one of the following methods prior to final map approval: a. Subdivider shall consent to the formation of a maintenance district under Chapter 26 of the Improvement Act of 1911 (Streets and Highways Code, Section 5820 et seq.) or the Lighting and Landscaping Act of 1972 (Streets and Highways Code 22600 et seq.) to implement maintenance of all improved landscape buffer and storm water retention areas. It is understood and agreed that the Developer/Applicant shall pay all costs of maintenance for said improved areas until such time as tax revenues are received from assessment of the real property. b. The Applicant shall submit to the Planning and Development Department a Management and Maintenance Agreement, to be entered into with the unit/lot owners of this land division, in order to insure common areas and facilities will be maintained. A unqualified right to assess the owners of the individual units for reasonable maintenance costs. The association shall have the right to lien the property of any owners who default in the payment of their assessments. 10. Prior to the issuance of a grading permit/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: CS/CONAPRVL.038 - 2 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 o City Fire Marshal o City of La Quinta Public Works Department o Planning and Development Department, Planning Division o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above -mentioned agencies shall be presented to the Building Division at the time of the application for any permit for any use contemplated by this approval. 11. Prior to the issuance of any grading, building, or other development permit or final inspection, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of Tentative Tract 24890 which must be satisfied prior to the issuance of any permits/final inspections. The Planning and Development Director may require inspection or other monitoring to assure such compliance. Said inspection or monitoring may be accomplished by consultant(s) at the discretion of the Planning Director, and all costs associated shall be borne by the Applicant/Developer. 12. Lots that exceed 2-1/2 depth times width ratio, shall be provided with 25-foot front yard setback. **13. Approval of this Tentative Tract Map shall be subject to approval of GPA No. 89-026, SP No. 85-006 (Amendment), and CZ No. 89-045, by the City Council. 14. Street name proposals shall be submitted for review and approval by the Planning and Development Department prior to recordation of any portion of the final map. Street name signs shall be furnished and installed by the developer in accordance with standards of the City Engineer. Signage type and design shall be subject to review -and approval of the Planning and Development Department and the Public Works Department. 15. Minimum landscaped setbacks adjacent to public streets as stipulated in Specific Plan No. 85-006 (amended), shall be required. Design of the setbacks shall be approved by the Planning and Development Department. Setback shall be measured from ultimate right-of-way lines. CS/CONAPRVL.038 - 3 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 a. The minimum setback may be modified to an "average" if a meandering or curvilinear wall design is used. b. The parkway setback area(s) shall be established as (a) separate common lot(s) and be maintained as set forth in Condition No. 9, unless an alternate method is approved by the Planning and Development Department. 16. Exceptions to La Quinta Subdivision Ordinance Sections 13.12.050, Street Alignment and 13.12.080(c) lots, is hereby approved. PUBLIC SERVICES AND UTILITIES: 17. Applicant shall comply with following Conditions of the City Fire Marshal: A. Schedule A fire protection approved Super fire hydrants, (6" X 4" X 2-1/2" X 2-1/211) shall be located one at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 2500 gpm for two hours duration at 20 psi. B. The water mains shall be capable of providing a potential fire flow of 2500 gpm and an actual fire flow available from any one hydrant shall be 1500 gpm for two hours duration at 20 psi residual operating pressure. C. Prior to recordation of the final map, Applicant/Developer shall furnish one blueline coy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the :Eire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". D. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. E. Prior to the recordation of the final map, the Applicant/Developer shall provide alternate accesses as approved by the County Fire Department. 1.) Exterior accesses issues. 2.) Cul de sac secondary access issue. CS/CONAPRVL.038 - 4 - Conditions of.Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 F. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a radio -controlled over -ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 12-feet, with a minimum vertical clearance of 13-feet 6-inches. G. Medians and islands may require additional setbacks to allow Fire Department access. 18. All requirements of the Coachella Valley Water District shall be met. ENGINEERING DEPARTMENT 19. Prior to transmittal of the final map to the City Council by the City Engineering Department, any existing structures which are to be removed from the property shall have been removed or there shall be an agreement for the removal which shall be secured by a faithful performance bond in a form satisfactory to the City and granting the City the right to cause any such structures to be removed. 20. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. 21. The Applicant shall pay the required processing, plan checking and inspection fees as are current at the time the work is being accomplished by City personnel or subcontractors for the Planning, Building or Engineering Divisions. 22. The Applicant acknowledges that the City is considering a City-wide Landscaping and Lighting District and by recording a subdivision map agrees to be included in the district. Any assessments will be done on a benefit basis as required by law. 23. All traffic, circulation, and drainage conditions placed on Specific Plan No. 85-006 shall apply except where specifically modified by the conditions for this tentative subdivision map. CS/CONAPRVL.038 - 5 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13,'1992 24. Applicant shall post security for street improvements in the right-of-way contiguous to the subdivision as follows: Jefferson Street Avenue 52 Calle Rondo Calle Tampico Park Avenue - 1/2 width plus 1 landscaped median - 1/2 width plus 1 landscaped median - 1/2 width - 1/2 width - 1/2 width land + raised land + raised 25. The Applicant shall have prepared street improvement plans (for public and private streets) that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings, and raised median islands (if required by the City General Plan) shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code (3-inch AC over 4-inch Class 2 base minimum, for residential streets). Street design shall take into account the subgrade soil strength, the anticipated traffic loading, and street design life. 26. A common area lot shall be established for that area between the tract perimeter wall and street right-of-way for Jefferson street, Avenue 52, Calle Rondo, Calle Tampico, and Park Avenue streets. Landscaped maintenance responsibility of the total common lot and street landscape parkway shall be the responsibility of the development. 27. The Applicant shall have a grading plan that is prepared by a registered civil engineer, who will be required to certify that the constructed conditions at the rough grade stage are as per the approved plans and grading permit. This is required prior to issuance of building permits. Certification at the final grade stage and verification of pad elevations is also required prior to final approval of grading construction. 28. The Developer of this subdivision shall submit a copy of the proposed grading, landscaping and irrigation plans to Coachella Valley Water District for review and comment with respect to CVWD's water management program. 29. A thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. The reports 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. Pursuant to Section 11568 of the Business and Professions Code, the soils report certification shall be indicated on the final subdivision map. CS/CONAPRVL.038 - 6 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 30. The Developer of this subdivision of land shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of the final map without the approval of the City Engineer. 31. Drainage disposal facilities shall be provided as required by the City Engineer. The Applicant shall comply with the provisions of the City Master Plan of Drainage, including payment of any drainage fees required therewith. 32. All utilities will be installed and trenches compacted to City standards prior to construction of any streets. The soils engineer shall provide the necessary compaction test reports for review by the City Engineer. 33. The Applicant shall post security equivalent to the proportional share designated, and may obtain some reimbursement from the City in a manner approved by the City Council for traffics signals, in accordance with the following table. Initial Portion Eligible Posting for Requirement Reimbursement Jefferson @ Avenue 50 50% 37.5% Jefferson @ Project Entrance 100% None 25% Jefferson @ Avenue 52 50% 50% Avenue 52 @ Project Entrance 100% 34. Applicant shall dedicate all necessary public street right-of-way and utility easements for the following streets: Jefferson 60' half width Avenue 52 120' full -width (see note) Calle Rondo 30' half -width and suitable conforms Calle Tampico 30' half -width and suitable conforms Park Avenue 30' half -width and suitable conforms NOTE: The 120' figure may be reduced to 110' pending outcome of proposed General Plan Amendment. 35. Applicant shall record permanent public access easement on all lots created in the subdivision for private streets. **36. In order to improve access between Washington Street and this subdivision for traffic with trip ends in the subdivision, and to provide for orderly development along Avenue 52 east of Washington Street to the eastern edge of Tract Map #24889, the Applicant shall make every effort to obtain a 60-foot*** wide easement for public street purposes from the adjoining property owner to the west. CS/CONAPRVL.038 - 7 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 As a minimum, an interim two-lane paved facility shall be concurrently constructed in the easement that joins Washington Street when the other Avenue 52 improvements are installed. The interim facility shall be constructed in a manner that will permit incorporation into the ultimate street improvement with minimal adaptation. The Applicant may seek reimbursement for the improvements for that section of Avenue 52 east of Washington Street to the western edge of Tract # 24890 in the following manner. 1. Prior to January 1, 1992, the Applicant shall seek direct reimbursement, from the developer of the property that provides the easement. 2. After January 1, 1992, the Applicant may seek reimbursement from the City consistent with any policy or program in existence at that time. It shall be understood by all parties involved in providing the easement and subsequent interim improvement that the City intends to condition the future development of the property adjoining Tract #24890 to affect reimbursement for costs relevant to same incurred by the Applicant or City whichever is carrying the cost at the time. If the Applicant is unable to obtain the easement, the following condition shall apply: A. The intersection of "new" Avenue 52 with "old" Avenue 52 shall be configured in a manner that the two intersect at 90 degree angles. The curve on "new" Avenue 52 that leads into the intersection shall have a minimum radius. B. In addition to the right-of-way required for the ultimate alignment of Avenue 52, the Applicant shall dedicate additional right-of-way as needed, to accommodate the interim intersection configuration. C. Traffic signals shall be installed when traffic counts warrant the need, as determined in accordance with the collective conditions of approval for this tract. The Applicant shall be 100% responsible for the cost of the signals; the City will administer the design and installation. D. Although "new" Avenue 52 shall be offered for dedication, it will not be accepted as a public street until the link to Washington Street is completed, and the other link which is constructed under these collective conditions of approval has been determined by the City Engineer to be in a state of good repair. CS/CONAPRVL.038 - 8 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 37. The Applicant shall enter into a license agreement with the City to provide for maintenance, liability insurance coverage, and other relevant concerns that may be identified, and as needed, for the tunnel that is proposed for placement under the pavement in the Jefferson Street right-of-way. The agreement, which will be subject to approval of appropriate City officials, will be prepared by the City at the Applicant's expense prior to issuance of permits to construct tunnel. 38. Applicant shall provide street grades that are 0.35 percent or greater unless demonstrated by engineering design, and approved by the City Engineer, that drainage is adequate and the minimum gradient cannot be satisfactorily obtained. 39. Security posting requirements for the traffic signals may be staged in proportional increments commensurate with, and based on, the number of dwelling units in each successive development phase. The Applicant shall provide traffic signal improvement plans prepared by a registered civil engineer, and install the signals when warranted pursuant to an annual warrant study of the intersections identified in Condition #33. The study shall be conducted by a qualified traffic engineer at the Applicant's expense and submitted for review and approval by the City Engineer. 40. The Applicant shall post security for private street improvements in the subdivision in amounts commensurate with, and as needed, to meet circulation and access requirements for each proposed phase of the subdivision development. The security shall be posted prior to recording of the subject phase of the final map. Installation of the secured improvements by the Applicant shall occur prior to issuance of Occupancy Permits. 41. The Applicant shall post security for all public street improvements prior to recording of the final subdivision map. +42. Installation of the secured public street improvements by the Applicant shall occur and may be staged in a manner commensurate with the development phasing of this subdivision, adjoining subdivisions and traffic needs, all as determined by the City Engineer. As a minimum, an interim two-lane paved facility shall be constructed concurrently with Phase I of the development in the Avenue 52 right-of-way, and the easement required in Condition No. 38 from Jefferson to Washington Streets. The interim improvement shall be constructed in a manner that will permit incorporation into the ultimate street improvement with minimal adaption. CS/CONAPRVL.038 - 9 - Conditions of Approval Tentative Tract 24890 - J. M. Peters October 13, 1992 Applicant shall develop tract phases in the order of the approved phasing plan so that improvements required of each final map are complete prior to issuance of Certificates of Occupancy within subsequent final maps. The City Engineer may consider proposals by Applicant to stage the installation of tract -wide improvements normally secured with the first final map (ie: perimeter walls and perimeter landscaping) with the ordly development of all phases within the tentative tract. 43. The Applicant may obtain some reimbursement from the City in a manner approved by City Council for the segment of Avenue 52 constructed in the 60-foot wide easement between Washington Street and the westerly most boundary of Tract No. 24890. 44. The Applicant shall vacate vehicle access rights to all public streets except for selected private streets that may intersect Avenue 52 and Jefferson Street at locations, and in a manner approved by the City Engineer. 45. Additional exceptions where vehicle access rights to public streets may be retained are as follows: 1) the golf course maintenance facility located adjacent to Avenue 52 and Calle Rondo may enjoy direct access to Avenue 52 and Calle Rondo (temporarily only, see Condition #50, but the Avenue 52 access shall be right -turn -in/ right -turn -out only; 2) the C.V.W.D. well site located adjacent to Calle Rondo and Calle Tampico may enjoy direct access to either street, but not both; 3) gated emergency access to interior private streets from Jefferson Street and Park Avenue shall be provided in accordance with the requirements of the City Engineer and City Fire Marshal. 46. The Applicant shall aesthetically enhance the outward appearance of the C.V.W.D. well site located adjacent to Calle Rondo and Calle Tampico, and the golf course maintenance facility located adjacent to Calle Rondo and Avenue 52. Specific improvements shall include: 1) continuation of the sound wall and landscaping in the setback area along the Calle Rondo, Calle Tampico, and Avenue 52 frontages; 2) a paved driveway at the access point; 3) an aesthetically attractive sight restricted gate. 47. The Applicant shall provide a 20-foot wide and a 10-foot wide landscaped setback lot respectively, on the Avenue 52 and Calle Rondo frontages adjacent to the golf course maintenance facility. 48. Along Jefferson Street where golf course abuts proposed perimeter wall, decorative wrought iron or steel tube fencing shall be used to allow views into project, if in conformance with acoustical study (as required by Specific Plan No. 850996, as amended). CS/CONAPRVL.038 - 10 - Conditions of Approval Tentative Tract 24890 -.J. M. Peters October 13, 1992 *49. Custom home lots Numbers 487-505 and 530-554 shall be permitted to be a maximum 28-feet in height within one story. *50. Existing maintenance building access to Calle Rondo shall be permanently eliminated at the time 52nd Avenue is realigned, as required by Condition No. 11 of Plot Plan No. 86-285. CS/CONAPRVL.038 - 11 - PH #4 STAFF REPORT PLANNING COMMISSION MEETING DATE: OCTOBER 13, 1992 CASE NO: TENTATIVE TRACT 26251 APPLICANT: LANDMARK LAND COMPANY OWNER: LANDMARK LAND COMPANY REQUEST: ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT 26251 LOCATION: WITHIN THE LA QUINTA COVE GOLF CLUB SPECIFIC PLAN 121-E (SANTA ROSA COVE), ±1/4 MILE NORTHWEST OF THE INTERSECTION OF AVENIDA FERNANDO AND AVENIDA OBREGON. NET DENSITY: 0.65 UNITS PER ACRE EXISTING LAND USE: VACANT GENERAL PLAN DESIGNATION: OPEN SPACE SPECIFIC PLAN DESIGNATION: SITE IS A PART OF SPECIFIC PLAN 121-E APPROVED IN 1975. IN 1981, AN AMENDMENT WAS APPROVED BY THE COUNTY OF RIVERSIDE ALLOWING UP TO 15 CONDOMINIUM UNITS ON THE SITE. ZONING: H-C (HILLSIDE CONSERVATION) ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 90-167 WAS PREPARED IN CONJUNCTION WITH THIS PROJECT' S ORIGINAL APPLICATION PURSUANT TO THE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 121-E AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS. THE INITIAL STUDY IDENTIFIED MINOR IMPACTS RELATED TO EARTH, TRAFFIC, AND PCST.079 AESTHETICS THAT CAN BE MITIGATED THROUGH MEASURES INCLUDED IN THE CONDITIONS OF APPROVAL FOR THE TENTATIVE TRACT. A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WAS ADOPTED AND NO FURTHER REVIEW IS REQUIRED. PROJECT BACKGROUND: In 1990, the City reviewed the Applicant's request to divide ± 3.3 hillside acres, within Specific Plan 121-E, into two residential estate lots and two access lots. The subject property is part of the La Quinta Cove Golf Club Specific Plan originally approved in 1975 by Riverside County. The specific plan was amended in 1981 to allow up to 15 condominium units on the parcel. In 1989, the H-C (Hillside Conservation) Zone District was adopted and applies to all open space land use designations in the hillside areas. The allowed density for single family land use in the H-C Zone is one unit per ten acres. Normally, this tentative map would not be allowed in the H-C Zone. However, existing specific plans are exempt from the standards of that zone. Since this tentative map was approved under the auspices of Specific Plan 121-E any development will be subject to the specific plan. On September 11, 1990, the Planning Commission recommended approval of the tentative map to the City Council. At their meeting of October 2, 1990, the City Council adopted Resolution 90-74 approving the tentative map. The map was given a two year approval subject to the rules and procedures of the Subdivision Ordinance. PROTECT DESCRIPTION: The approved Tentative Tract 26251. consists of four lots; a 1.3 acre residential lot, a 1.8 acre residential lot, and two .1 acre access lots. Access to the two residential lots is from the westerly cul-de-sac termination within Tentative Tract 25237 which is at the bottom on the hill and was recently developed. FURTHER PLANNING CONSIDERATIONS: Staff has reviewed the application for a first time extension, and does not have any substantial recommended changes to the Conditions of Approval. Staff supports the Applicants request for a one year extension of time. FINDINGS: Findings to support approval of Tentative Tract 26251 first extension of time can be found in the attached Planning Commission Resolution. PCST.079 2 RECOMMENDATION: By adoption of attached Planning Commission Resolution 92- , recommend approval of this first extension of time for Tentative Tract 26251 to the City Council subject to the attached conditions. Attachments: 1. Location map 2. Tentative Tract Map 26251 3. Draft Planning Commission Resolution 92- 4. Specific Plan #121-E Revised Conditions of Approval 5. Excerpt from H-C Zone PCST.O79 TT 24251 VICINI T Y .CIA P NTS CASE MAP CASE Nm T- tcr- Loc,t"o,x 14414-1.0 ®RTN SCALE :1Y.7:-s: /r I r,A.,'t /,-, L.' �gff� gill0 85 85e 3i�3rt1� 3 .�i I Is, 6 Q o000o y 1 � a s ...:.... ........................ .. IN w n �- PLANNING COMIVIISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ONE YEAR TIME EXTENSION FOR TENTATIVE TRACT 262.51, TO ALLOW THE CREATION OF A RESIDENTIAL LAND SALES SUBDIVISION. CASE NO. TT 26251 - LANDMARK LAND COMPANY FIRST EXTENSION OF TIME WHEREAS, the City Council of the City of La Quinta did adopt Specific Plan 121-E, revised as set forth in City Council Resolution 82-54, on October 5, 1981; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of September, 1988, adopt City Council Resolution 88-112, approving Amendment #1 to Specific Plan 121-E, Revised; and, WHEREAS, the City Council of the City of La Quinta, California did on the 21 st day of November, 1989, adopt City Council Resolution 89-129, approving Amendment #2 to Specific Plan 121-E, Revised; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1lth day of September, 1990, hold a duly -noticed Public Hearing to consider the request of Landmark Iand Company to subdivide ±3.3 acres into two single family custom lots, generally located ± 1/4 mile northwest of the Avenida Fernando/Avenida Obregon intersection more particularly described as: A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDAN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of October, 1992, hold a duly -noticed public hearing to extend for one year their tentative tract map approval to subdivide ±3.3 acres into two residential lots and two access lots; and, WHEREAS, said tentative tract map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970 (County of Riverside, Resolution 83-68, adopted by reference in City of La Quinta Ordinance 5), in that the Planning Director conducted an initial study as required by the approval conditions for Specific Plan 122- E, Revised, as amended, and has determined that the proposed tentative tract will not have a significant adverse impact on the environment; and, RES©PC.086 1 WHEREAS, mitigation of certain physical impacts have been identified and incorporated into the approval conditions for Tentative Tract 26251, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify recommendation for approval of said tentative tract map extension request: 1. That Tentative 25261, as conditionally approved, is generally consistent with the goals, policies, and intent of the La Quinta General Plan for land use density, unit type, circulation requirements, R-2 Zoning District development standards and design requirements of the Subdivision Ordinance. 2. The conditions attached to Tentative Tract 26251 will ensure consistency with Specific Plan 121-E, Revised, as amended and currently in effect, thereby making the approval of Tentative Tract 26251 consistent with said Specific Plan. 3. Tentative Tract 26251 is within the Specific Plan 121-E, Revised, for which a Final Environmental Impact Report: was prepared and certified by the Riverside County Board of Supervisors. The above prior approval contained environmental mitigation measures which will apply to this project, along with current City requirements to be imposed. 4. That Tentative Tract 26251 is within the area approved for Specific Plan 121-E, Revised, and is therefore exempt from the provisions of Chapter 9.145, Hillside Conservation under the exemption as stated in Section 9.145.020.B. of the La Quinta Municipal Code. 5. That the subject site was previously approved for 15 condominium units as part of Specific Plan 121-E, Revised Tentative Tract 14496. The proposed circulation and single family design for two lots, as conditioned, are suitable for the proposed land division, as the general impacts will be less significant. 6. That the design of Tentative Tract 26251 will not conflict with easements acquired by the public at large for access through the project, since alternate easements for access and for use will be provided that are substantially equivalent to those previously acquired by the public; and, WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the aforementioned facts to justify the recommendation for approval of a one year extension of time for said tentative tract map; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: RESOPC.086 2 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby confirm and recertify the conclusion of Environmental Assessment 90-167 relative to the environmental concerns of this tentative tract. 3. That it does hereby recommend to the City Council approval of a first time extension for Tentative Tract 26251 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED, at a regular meeting of the La Quinta Planning Commission, held on this 13th day of October, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPC.086 3 PLANNING COMMISSION RESOLUTION 92- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 26251 OCTOBER 13, 1992 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 26251 shall comply with the requirements and standards of Specific Plan 121-E Revised, as amended, the State Subdivision Map Act and the City of La Quinta Municipal Code, unless otherwise modified by the following conditions. 2. This Tentative Tract Map approval shall expire two years after the original date of approval by the La Quinta City Council unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 3. The City formed a City-wide Landscaping and Lighting District in 1988. The lots in this subdivision will be added to the District assessment roll when the final map is recorded. The annual assessment for each lot will be based on a benefit basis as required by law. 4. The Developer of this subdivision of land shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of the final map, without the approval of the City Engineer. 5. Prior to the 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 as may be applicable: o City Fire Marshal o City of La Quinta Public Works Department o Planning & Development Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above -mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. CONAPRVL.058/BJ - 1 - Conditions of Approval Tentative Tract 26251 October 13, 1992 6. Prior to the issuance of any grading or building permit or final inspection, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of Tentative Tract 26251 and Environmental Assessment 90-167, which must be satisfied prior to the issuance of the respective permit(s). The Planning and Development Director may require inspection or other monitoring to assure such compliance. CONDITIONS TO BE SATISFIED PRIOR TO GRADING PERMITS) 7. The Applicant shall have a registered civil engineer prepare the grading plan. The engineer who prepares the grading plan shall: 1) provide written certification prior to issuance of any building permits that the constructed rough grade conforms with the approved grading plans and grading permit; and, 2) provide written certification of the final grade and verification of pad elevations prior to receiving final approval of the grading. 8. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. Pursuant to Section 11568 of the Business and Professions Code, the soils report certification shall be indicated on the final subdivision map. 9. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, 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 may include but not be limited to: a. The use of irrigation during any construction activities; b. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site; CONAPRVL.058/BJ - 2 - Conditions of Approval Tentative Tract 26251 October 13, 1992 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 requirements of the Director of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. 10. Graded but undeveloped land (i.e., lot pads) shall be maintained in a condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning and Development and Public Works Departments. 11. All storm water from the 100-year storm that the private street on Lots A & B intercepts shall be conveyed directly to the drainage ditch located adjacent to TT 25237. Applicant shall provide other drainage measures as may be deemed necessary by the City Engineer during preparation of the grading and drainage plans. 12. Applicant shall dedicate a 15-foot wide easement along the boundary that is mutually shared with TT 25237 for purposes of drainage access/maintenance. Property owners of Lots 1 and 2 shall participate in all maintenance costs associated with the drainage ditch that separates TT 26251 and TT 25237. The participation shall be based on half of the proportional share of the lineal footage that is shared in common as compared to the total lineal footage of the ditch. 13. The Applicant shall submit a copy of the proposed landscaping grading, landscaping, and irrigation plans to Coachella Valley Water District for review and comment with respect to CVWD's Water Management Program. These plans shall include the landscape and irrigation plans for all areas required to be landscaped and shall be submitted prior to final map approval by the City Council. 14. The Applicant shall dedicate all necessary private street and utility easements required by the City Engineer, as follows: A. Lots A & B shall be a minimum 26-feet right-of-way width. CONAPRVL.058/BJ - 3 - Conditions of Approval Tentative Tract 26251 October 13, 1992 15. The Applicant shall submit street improvement plans for private street lots A & B that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code (3-inch AC over 4-inch Base minimum for residential streets). Street design shall take into account the soil strength, the anticipated traffic loading, and street design life. 16. The Applicant shall construct street improvements for Lots A & B to the requirements of the City Engineer and the La Quinta Municipal Code (LQMC); and in accordance with the following: A. The private street on Lots A & B shall be 24 feet between curbs and paved with 3-inch AC on 4" AB. Standard street cross-section may be modified, including the elimination of curbs, subject to approval of acceptable alternative by City Engineer. B. A 28-inch high approved protective wall or barrier, designed to blend with the surrouding terrain shall be constructed on the southerly side of street Lots A & B to reduce potential for run-off road accidents. The southerly side of the wall shall be treated to blend with the Hillside, with the method of treatment to be approved by the Planning and Development Department. (See also Condition #27) C. Property owners of Lots 1 & 2 shall participate on a fair share basis in the maintenance cost of the private road through TT 25237 that provides direct access to TT 26251. 17. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified reports of soil compaction tests for review by the City Engineer. 18. All separate lettered street lots shall be shown as such on the final map if separation of street segments is intended. 19. Developer/Applicant shall obtain an access easement from La Quinta Joint Venture to allow access to TT 26251 from cul-de-sac area into their property, with the format subject to approval of the City Engineer. 20. The Applicant shall comply with all requirements of the CVWD. CONAPRVL.058/BJ - 4 - Conditions of Approval Tentative Tract 26251 October 13, 1992 21. The Developer shall comply with all applicable requirements of the Fire Marshal prior to final map approval as applicable. A. Buildings constructed on Lots 1 and 2 are to be equipped with automatic fire sprinkler systems to NFPA 13R standards. The following statement shall be placed on each map sheet of the environmental constraint sheet and contained within the CC & R's: "Buildings on Lots 1 and 2 must have an approved automatic fire sprinkler system installed. System plans shall be submitted to the Fire Department for approval prior to the issuance of building permits." B. A permanently mounted illuminated address monument shall be installed adjacent to the driveway entrance at the street. Illumination of this sign shall be consistent with the standards and requirements of the Outdoor Light Control Ordinance Chapter 9.210 of the La Quinta Municipal Code. PROJECT DEVELOPMENT/MANAGEMENT: 22. Prior to the recordation of the final map, the Applicant shall submit to the Planning and Development Department the following documents which shall demonstrate to the satisfaction of the City that the common areas, and private streets and drives, shall be maintained in accordance with the intent and purpose of this approval: a. The document to convey title; b. Covenants, Conditions and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The approved Covenants, Conditions and Restrictions shall be recorded at the same time that the final subdivision map is recorded. This requirement may be deleted if the Applicant demonstrates alternate means of compliance with the intent of this condition, to the satisfaction of the Planning and Development Director. A homeowner's association, with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the homeowner's association. CONAPRVL.058/BJ - 5 - Conditions of Approval Tentative Tract 26251 October 13, 1992 23. Applicant shall establish within the C.C. & R's site design standards appropriate to estate lots, including but not limited to, front, side and rear setbacks, lot coverage, etc. Standards shall be reviewed by the Planning and Development Department as part of its review of the C.C. & R's, but be no less restrictive than the R-2 Zone standards. Building height shall be limited to two-story, not to exceed 17-feet from finished lot pad grade. Higher building elevations, not to exceed 22-feet may be approved by the Planning Commission. TRACT DESIGN 24. Prior to any landscape installation for common areas, the Applicant shall submit to the Planning and Development Department for review and approval a plan (or plans) showing the following: a. Landscaping, including plant types, sizes, spacing, location, and irrigation systems for all areas to be landscaped. Desert or native plant species and drought resistant planting material shall be incorporated into the landscape plan. b. Location and design detail of any proposed and/or required walls. (See Condition #16.b and 27). C. Exterior lighting plan, emphasizing minimization of light and glare impacts to surrounding properties. All lighting proposed and/or required for any aspect of development of TT 26251 shall be subject to compliance with La Quinta Municipal Code, Chapter 9.210, Outdoor Light Control. 25. The appropriate Planning approval shall be secured prior to establishing any of the following uses: a. Temporary construction facilities. b. Sales facilities, including their appurtenant signage. C. On -site advertising/construction signs. 26. Provision 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. 27. The vertical faces of the disturbed areas of hillside cut and fill shall be appropriately treated so as to produce a natural appearance, or screened to mask the man-made grades, subject to approval of the Planning and Development Department. (See Condition 116.b) rnMAPRv7._nSA1RJ - 6 - 11 0 ItrrAro&#&�r- * Specific Plan Conditions of Pg. 2. N121-E 'Revised Approval a) The document to convey title. b) Covenants, Conditions and Restrictions to be recorded. The approved Covenants, Conditions and Restrictions shall be recorded at the same time and listed on the final subdivision map when recorded. A homeowners association, with the unqualified right to assess the owners of the individual units for reasonable maintenance cost and management costs shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of this assessment. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided such deed of trust is made 1n good faith and for value and is of record prior to the lien of the homeowners association. 11. All conditions listed herein apply only to those parcels changed or added since the original specific plan was approved. These parcels include the following; 1) A 19.23t acre parcel proposed for 200 condominiums, purchased since approval of the original specific plan. 2) A 3.526t acre parcel at the base of the mountains which is now propose for 15 condominium units. 3) A 6.3+ acre parcel located east of Eisenhower Drive, which was ori- ginally proposed for use as a temporary sewage treatment plot and horse stables is now proposed as part of the condominium and golf course facilities. Conditions in the original Specific Plan 0121-E remain applicable to all portions of the subject project with the exception of the three parcels noted above. 12. Prior to recordation of final tract maps for the 19.23t, 6.3t and 3.5261 acre parcels, water, sewer, and circulation systems must be adequately provided, LAND USE CONDITIONS 13. Lots created pursuant to this specific plan shall be in conformance with the development standards of the zone(s) ultimately applied to the property. 14. Each Planned Residential Development (P RD) shall comply with the requirements of Ordinance 348 and 460. 15. Prior to the issuance of building permits, conmion open space area improvement plans shall be submitted for Planning Department approval. 16. The total specific plan shall be developed with a maximum of 916 condominium and 641" hotel units. 9.145.020 PERMITTED USES. A. No development below) shall be (except as approved for provided under Subsection D, slopes exceeding 20%. B. The followin2 are exempt from the requirements of this Chapter: tracts and specific plans already approved. C. The following on alluvial fans uses within with slopes the HC Zone shall be permitted not exceeding 20%: a.) Golf courses (not including above -ground structures), but permitting fairways, greens, tees, and golf -cart paths to access them; b.) Flood -control structures; c.) Parks, lakes, and passive recreation facilities; d.) water wells, pumping stations, and water tanks (if properly screened or painted); e.) Power, telephone, and cable substations and transmission lines (if properly screened or painted); f.) T.V., cable, and radio antennas; 9.) Hiking and equestrian trails; h.) Single family residential uses; i.) Accessory uses necessary to accomplish the permitted uses such as roads, gate -houses, on -site subdivision signs, parking lots, noncommercial community association, recreation, and assembly buildings and facilities. D. The following uses within the HC Zone shall be permitted on slopes exceeding 20%: a.) Hiking and equestrian trails not permitting vehicles; b.) Access roads which shall be non -visible unless applicant can prove to the City that the only access to a non -visible area must traverse a visible area. (Ownership or non -ownership of property is not sufficient proof of reason to place a road in a visible area.) Roads cannot exceed 15% grade. 9_145.025 CONDITIONAL USE PERMIT REVIEW REQUIRED. All development within the H.C. Zone shall file and receive approval (or modification) of plans by means of the Conditional Use Permit approval processes described in Chapter 9.172 plus all requirements of this chapter. BJ/ORDDRFT.003 - 4 - PH #� PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 13, 1992 CASE NO.: TENTATIVE TRACT 23995 & SPECIFIC PLAN 88-012 REQUEST: APPROVAL OF SECOND ONE YEAR TIME EXTENSION FOR TENTATIVE TRACT 23995 AND A REQUEST TO AMEND SPECIFIC PLAN 88-012 (AMENDMENT #2) LOCATION: AREA BETWEEN WASHINGTON STREET, MILES AVENUE, ADAMS STREET, & THE WHITEWATER CHANNEL APPLICANT: A.G. SPANOS CONSTRUCTION, INC. OWNER: NEWCO DEVELOPMENT COMPANY ENVIRONMENTAL CONSIDERATIONS: THE LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT PREVIOUSLY COMPLETED ENVIRONMENTAL ASSESSMENT 88-099 ON THE PROPOSED TRACT AND MITIGATION MEASURES WERE ATTACHED TO THE APPROVAL OF THE PROJECT. A NEGATIVE DECLARATION WAS ADOPTED. THE PLANNING AND DEVELOPMENT DIRECTOR HAS DETERMINED THAT THE PROPOSAL IS EXEMPT FROM FURTHER CEQA DOCUMENTATION. PROJECT DESCRIPTION: THIS IS A COMMERCIAL (7.53 ACRES)/MULTI- FAMILY (38 ACRES/736 UNITS)/AND SINGLE FAMILY UNIT PROJECT (78 ACRES/300 UNITS) ON A TOTAL OF 133 ACRES. GENERAL PLAN DESIGNATION: PARK; HIGH DENSITY (12-16 UNITS/ACRE) AND LOW DENSITY (2-4 UNITS/ACRE) EXISTING ZONING: GENERAL COMMERCIAL; R-3 (GENERAL RESIDENTIAL) AND R1 (ONE FAMILY DWELLING RESIDENTIAL) BACKGROUND: 1. The following applications have been submitted and approved for this site: - General Plan Amendment 88-021 introducing commercial and high density residential use to this area; STAFFRPT.096/CS -1- - Change of Zone 88-035 changing the zone from Single Family Residential to Commercial, High Density Residential and leaving the remainder as Single Family Residential; - Specific Plan 88-012 and; - Tentative Tract 23995. 2. All of the above applications were approved by City Council on September 6, 1989. 3. A Tentative Parcel Map (TPM 26860) for this project dividing the commercial, multi -family, and single family residential areas into separate lots was approved by the Planning and Development Director on August 22, 1991. 4. The cases were permitted a one year extension by the Planning Commission on November 12, 1991, and the City Council on December 3, 1991. The expiration date was September 6, 1992. TIME EXTENSION REQUEST: A paid application for another one year time extension was filed by the applicant on July 1, 1992. The case was delayed in order for Staff and the Applicant to examine the City's General Plan Update. PUBLIC HEARING NOTICES: Public notices were mailed to the abutting property owners prior to the meeting and a notice was posted in the Desert Sun newspaper on September 22, 1992. SUBDIVISION MAP ACT PROVISIONS: The California Subdivision Map Act allows for the applicant to apply for a minimum of 3 one year time extension requests after the original two year approval expires, not to exceed ten years from the original date of approval. As noted before, this is the applicant's second request for a one year time extension. In most cases, the City has permitted approved subdivision maps to be extended for additional one year periods because no changes to the property have occurred since the initial approval (e.g. General Plan Amendment, etc.). In other cases, the City has required Minor Amendments to the Conditions of Approval to correct changes to the City standards which affect the subdivision map (e.g. street width modifications, park fee changes, bike trails, etc.). STAFFRPT.096/CS -2- GENERAL PLAN UPDATE: The City has been actively working to update the City's existing General Plan. The city began the process in 1990 and the City Council approved the contract with BRW on November 20, 1990. The Notice of Preparation was mailed on November 14, 1991, and the Draft Environmental Impact Report was made public on July 17, 1992. In the last year, the City has had seven joint Planning Commission and City Council public hearing meetings to review each element of the proposed General Plan Update. The Final General Plan document approved by City Council on October 6, 1992, modified the applicant's property by eliminating the existing General Commercial designation on Miles Avenue. The City Council designated this area as a park site. PROJECT CONSISTENCY WITH THE ADOPTED GENERAL PLAN: State law requires that the City insure that all projects which are approved are consistent with the existing General Plan (Government Code 65860). With the adoption of the General Plan the property now has a nonconforming designation (ie. CP - General Commercial) along the Miles Avenue corridor. The law states that "in the event that a zoning ordinance becomes inconsistent with the General Plan by reason of amendment to such a plan, or to any element of such a plan, such zoning ordinance shall be amended within a reasonable time so that it is consistent with the General Plan as amended". This same type of provision holds true for Specific Plans (Government Section 65454). Staff is responsible to begin processing a Change of Zone for the property from C-P (General Commercial) to open space. Public Hearings are required for this procedure. In the interim, Staff would recommend that the Planning Commission modify the approved specific plan to delete the original commercial development standards since they are not consistent with the newly adopted General Plan. DISCUSSIONS WITH APPLICANT: The applicant and property owner are aware of the City's recent amendment to their property. Their primary concern at the time is to keep the residential portion of the site active whereby their company_ or another company can move forward with development of either the single family homes or with the multiple family apartments at any time in the near future. Without an approved time extension they would have to resubmit the project and go through additional public hearings to reimplement their development proposal. The applicant has stated that they will not give the 7 acres future park site to the City but if the City would like to purchase the site they would consider an offer. The last condition of the Specific Plan addresses this particular issue. STAFFRPT.096/CS -3- The Planning Commission should be aware that the applicant delayed the time extension request for approximately three months in order to evaluate the effects of the General Plan Update on their site. CONCLUSION: The Planning Commission could also choose not to grant a one year time extension for the applicant based on the above facts, however, Staff is recommending that the Planning Commission approve the tentative tract map extension for another one year period, and amend the approved specific plan as noted in the attached exhibits. RECOMMENDATION: 1. Move to adopt Resolution 92- recommending approval of the proposed amendment to Specific Plan 88-012. 2. Move to adopt Resolution 92- recommending approval of a second one year time extension for Tentative Tract 23995 per the attached Conditions of Approval. Attachments: 1. Location Map 2. Exhibits 3. New General Plan 4. Original Specific 5. 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Ow— G Co > w .�i 4 0 .Ci w w d 0 m 010 a a Aj OVG 4 a Olm U O 0.j10 c0 E �0 E ° 4Ny NpA ai 00@)E m •+ C �w m�7N TmNma$ G0CU m 0 0 qq of to H H+ 1 Caf 0- 0.0 C^1 NUN -+wmCON m COG °• V m O O�. . 0 mE0 0 r+.+ N 3 •e O N 4 d °LLr E .. � qi m 4 >• C -� 40 4 q 41 C4 V m 0 ♦+ m N 0) ai A ••+ 0 A ..4 a m .. m .� m %0. bX .i m a11 �Cm m > .-1 O .-1 .. ,.�41 m 4 -. X 4 Ca a470 70m444 LUUI4AON C> OIC '0 .aa 4NC7 dOV E aC.N4 +a-+00 41 HafmO O„ wd F �d OE .SEdau .waalwW a*�A Q0mCD V maAd 0CE -4 .40 Ow -4 0. ma m w A FL NO v1F++N y m F 4 q A V d v c RESOLUTION NO. 92- A RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF LA QUINTA, CALIFORNIA CONCURRING WITH THE PREVIOUS ENVIRONMENTAL ASSESSMENT AND APPROVING SPECIFIC PLAN 88-012, AMENDMENT #2 CASE NO. SP 88-012, AMENDMENT #2 APPLICANT: A.G. SPANOS CONSTRUCTION, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of October, 1992, hold a duly -noticed Public Hearing to consider the request of A.G. Spanos Construction, Inc. to amend their previously approved development plan which allowed the ultimate development for a commercial, multi -family residential, and single family residential development for a 132.5 acre site located between Washington Street, Miles Avenue, Adams Street and the Coachella Valley Water District Wash, La Quinta, excluding the small triangular area just north of the Wash and just south of the east/west Avenue 46 alignment (Westward Ho Drive), more particularly described as: THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; and, WHEREAS, mitigation of various physical impacts have been identified and incorporated into the approval conditions for Specific Plan 88-012, (Amendment #2) thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, the applicant, A.G. Spanos Construction Inc. have applied to amend Specific Plan 88-012; and, WHEREAS, the La Quinta Planning Commission did consider the above request at a Public Hearing held on the 13th day of October, 1992. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Commission did find the following facts and reasons to justify the approval of said Specific Plan, Amendment #2: 1. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan. 2. The Specific Plan is compatible with the existing and anticipated area development, as conditioned. RESOPC.040/CS -1- 3. The project will be provided with adequate utilities and public services to ensure public health and safety. 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 Council in this case; 2. That it does hereby reconfirm the conclusion of Environmental Assessment No. 88-099 relative to the proposed Specific Plan, Amendment #2 will not result in any significant environmental impacts as mitigated by the recommended Conditions of Approval; 3. That it does hereby approve Specific Plan 88-012, Amendment #2 request for the reasons set forth in this Resolution and subject to the attached amended Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13th day of October, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPC.040/CS -2- PLANNING COMMISSION RESOLUTION 92- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN NO. 88-012, AMENDMENT #2 OCTOBER 13, 1992 1. The development shall comply with Exhibit 1, the Specific Plan for Specific Plan 88-012, and the following conditions, which conditions shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. a. The project shall be limited to access points as illustrated on the Specific Plan, Exhibit 1. b. The following access points will be right-in/right-out only: o Access point off Washington Street; o The minor access point off Miles Avenue into the future park site; o The northern access into the single-family residential area. C. In the following cases, access points in this project must line up with access points identified by approved tentative tracts located opposite this project: o The most northerly access point on Adams Street; o The neighborhood park/multi-family area access point onto Miles Avenue. 3. The following conditions apply to the multi -family residential area:: a. The Developer shall submit and receive approval for a residential plot plan for the above development prior to any development taking place. b. One parking space provided per multi -family unit must be covered. C. A height limit of two stories will apply to the multi -family residential area. However, any proposed residential three story unit will be subject to detailed review by the Planning Commission at the plot plan review stage. CS/CONAPRVL.035 - 1 - d. Buildings in the multi -family area must be set back 50 feet from the multi-family/single-family residential area boundary. If two story dwellings are located alongside this boundary, they must be oriented away from the single-family residential area. e. Only emergency access shall be taken off Miles Avenue. f. Maximum of 736 dwelling units shall be allowed. g. All nonresidential uses noted as permitted uses in the R-3 zone shall not be allowed in the area designated as having a R-3 zone in this project. 4. The Applicant shall provide, within the multi -family housing area, a total of five percent affordable housing, subject to approval of the Planning and Development Department. 5. Specific Plan 88-012 shall expire on the same date Tentative Tract 23995 expires. Approval of extension of time for TT 23995 shall constitute extension of time for SP 88-012. 6. The Applicant shall provide a 20-foot bikeway easement along the south property boundary of the site and construct an 8-foot bikeway in accordance with Engineering Department standards. The 20-foot bikeway easement can, if acceptable to CVWD, be located on CVWD owned or administered property. If no agreement can be reached with the CVWD the 20-foot bikeway easement shall be provided on land within Tentative Tract 23995. Access shall be provided from the park, multi -family and single family area to the bikeway. The applicant shall comply with the above condition prior to issuance of an occupancy permit for the first unit. MISCELLANEOUS: 7. Lot 303 shall be used as a neighborhood park site pursuant to the provisions of the Land Use & Parks and Recreation Element of the adopted General Plan. The developer shall have the option to donate the property pursuant to the provisions of Article II of Section 13.24.020 of the Subdivision Ordinance or offer the property to the City for purchase by the Parks Department, and/or develop the property in a consistent fashion as defined by the City's Updated General Plan document. CS/CONAPRVL.035 - 2 - PLANNING COMMISSION RESOLUTION NO. 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT NO. 88-099 AND APPROVAL OF TENTATIVE TRACT NO. 23995 SECOND ONE YEAR EXTENSION OF TIME CASE NO. TT 23995, SECOND ONE YEAR EXTENSION OF TIME APPLICANT: A.G. SPANOS CONSTRUCTION, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of October, 1992, hold a duly -noticed Public Hearing to consider the request of A.G. Spanos Construction, Inc. to subdivide 132.5 acres into one commercial lot, three high density residential lots, and 300 single-family development lots, generally located between Washington Street, Miles Avenue, Adams Street and the Coachella Valley Water District Wash, La Quinta, excluding the small triangular area just north of the Wash and just south of the east/west Avenue 46 alignment (Westward Ho Drive), more particularly described as: THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; and, WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" Resolution No. 83-63, in that the Planning Director has conducted an initial study and has determined that the proposed tentative tract will not have a significant adverse impact on the environment; and, Whereas, mitigation of various physical impacts have been identified and incorporated into the approval conditions for Tentative Tract 23995, Second One Year Extension of Time thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, the applicant, A.G. Spanos Construction Inc. have applied for a second extension of time for Tract 23995, in accordance with Section 13.16.230 of the La Quinta Municipal Code WHEREAS, the La Quinta Planning Commission did consider the above request at a Public Hearing held on the 13th day of October, 1992. WHEREAS, at said Public meeting, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said Tentative Tract Map, Second One Year Extension of Time: RESOPC.038/CS -1- 1. That Tentative Tract No. 23995, as conditionally approved, is generally consistent with the goals, policies, and intent of the La Quinta General Plan. 2. That the subject site has a rolling topography because of the sand dunes, with the overall slope going from the north to the south of the property. The proposed circulation design and lot layouts, as conditioned, are, therefore, suitable for the proposed land division. 3. That the design of Tentative Tract Map No. 23995 may cause substantial environmental damage or injury to the wildlife habitat of the Coachella Valley Fringe -Toed Lizard, but mitigation measures in the form of fees for a new habitat area will lessen this impact. 4. That the design of the subdivision, as conditionally approved, will be developed with public sewers and water, and, therefore, is not likely to cause serious public health problems. 5. That the design of Tentative Tract Map No. 23995 will not conflict with easements acquired by the public at large for access through the project, since alternate easements for access and for use have been provided that are substantially equivalent to those previously acquired by the public. 6. That the proposed Tentative Tract No. 23995, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract No. 23995, as conditioned, provides storm water retention, park facilities, and noise mitigation. 8. That general impacts from the proposed tract were considered within the MEA prepared and adopted in conjunction with the La Quinta General Plan. WHEREAS, in the review of this Tentative Tract Map, Second One Year Extension of Time, the Planning Commission has considered the effect of the contemplated action of the housing needs of the region for purposes of balancing the needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; RESOPC.038/CS -2- 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 reconfirm the conclusion of Environmental Assessment No. 88-099 relative to the environmental concerns of this tentative tract; 3. That it does hereby recommend approval to the City Council of the subject Tentative Tract Map No. 23995, Second One Year Extension of Time for the reasons set forth in this Resolution and subject to the attached amended conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13th day of October, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California KATIE BARROWS, Chairperson City of La Quinta, California RESOPC.038/CS -3- PLANNING COMMISSION RESOLUTION 92- CONDITIONS OF APPROVAL - PROPOSED TENTATIVE TRACT 23995, SECOND ONE YEAR EXTENSION OF TIME OCTOBER 13, 1992 A. GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map No. 23995 shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2. This Tentative Tract Map approval shall expire on September 6, 1993, unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 3. The Applicant acknowledges that the City is considering a City-wide Landscape and Lighting District and, by recording a subdivision map, agrees to be included in the District and to offer for dedication such easements as may be required for the maintenance and operation of related facilities. Any assessments will be done on a benefit basis, as required by law. 4. The City shall retain a qualified archaeologist with the developer paying all costs. The archaeologist retained shall prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for site CA-RIV-2200 such as MF-1027 and UCRARU#970, as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. CS/CONAPRVL.033 - 1 - Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s)/ representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by. registered or certified mail on the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 5. The Developer of this subdivision of land shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of the final map without the approval of the City Engineer. Traffic and Circulation 6. The Applicant shall construct or bond for half street improvements to the requirements of the City Engineer and the La Quinta Municipal Code, as follows: CS/CONAPRVL.033 - 2 a. The full length of Washington Street fronting the parcel shall be constructed to City standards for a 120-foot right-of-way width (Major Arterial), with a curb -to -curb width of 96 feet, with an 8-foot bike/ sidewalk, and two -percent cross slope to centerline, plus joins. b. The full length of Miles Avenue fronting the parcel shall be constructed to City standards for a 110-foot right-of-way width (Primary Arterial), with an 18-foot raised median island, six-foot sidewalk, and two -percent cross slope to centerline, plus joins. C. The street identified as Lot S on Exhibit A (Tentative Tract Map) shall be designed for a 72-foot right-of-way and shall be constructed for the full length from Washington Street to Miles Avenue. d. The Applicant shall construct all private street improvements to the requirements of the City Engineer and the La Quinta Municipal Code. e. The interior public street system shall be designed pursuant to the approved Exhibit A (tract map) for TT 23995. The cul-de-sac streets shall be designed for a 50-foot right-of-way with 36-foot width curb -to -curb. A five-foot utility easement shall be granted on each side of the 50-foot right-of-way. All other streets shall have a 60-foot right-of-way, a six-foot sidewalk, and two -percent slope. Any variations to the approved street system design sections shall be subject to review and approval by the Public Works Department. 7. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements (i.e., County of Riverside). 8. The Applicant shall participate in the construction or bond for the construction of Adams Street low water crossing of the Whitewater Channel, subject to the requirements of the City Engineer. CS/CONAPRVL.033 - 3 - B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL 9. Prior to final map approval by the City Council, the Applicant shall submit a proposal to the Planning Commission, for recommendation to the City Council, for meeting parkland dedication requirements as set forth in Section 13.24.030, La Quinta Municipal Code. The proposal for dedication, fee -in -lieu, or combination thereof shall be based upon a dedication requirement of 2.63 acres in the single-family residential area, as determined in accordance with said Section. 10. The Applicant shall provide sufficient parkland in the multi -family residential area in accordance with Government Code Section 66477 and Section 13.24.030 of the La Quinta Municipal Code. 11. A noise study shall be prepared by a qualified acoustical engineer, to be submitted to the Planning and Development Department for review and approval prior to final map approval. The study shall concentrate on noise impacts on the tract from perimeter arterial streets, and recommend alternative mitigation techniques. Recommendations of the study shall be incorporated into the tract design. The study shall consider use of building setbacks, engineering design, building orientation, noise barriers (berming and landscaping, etc.), and other techniques so as to avoid the isolated appearance given by walled developments. A wall shall be provided around the multi -family residential area in accordance with the above study. 12. Tract phasing plans, including phasing of public improvements, shall be submitted for review and approval by the Public Works Department and the Planning and Development Department. 13. The subdivider shall make provisions for maintenance of all landscape buffer and storm water easements via one of the following methods prior to final map approval: a. Subdivider shall consent to the formation of a maintenance district under Chapter 26 of the Improvement Act of 1911 (Streets and Highways Code, Section 5820 et seq.) or the Lighting and Landscaping Act of 1972 (Streets and Highways Code 22600 et seq.) to implement maintenance of all improved landscape buffer and storm water retention areas. It is understood and agreed that the CS/CONAPRVL.033 - 4 - Developer/Applicant shall pay all costs of maintenance for said improved areas until such time as tax revenues are received from assessment of the real property. b. The Applicant shall submit to the Planning and Development Department a Management and Maintenance Agreement, to be entered into with the unit/lot owners of this land division, in order to insure common areas and facilities will be maintained. A unqualified right to assess the owners of the individual units for reasonable maintenance costs. The association shall have the right to lien the property of any owners who default in the payment of their assessments. The common facilities to be maintained are as follows: (1) Storm water easements. (2) Twenty -foot perimeter parkway lot along Washington Street (3) Twenty -foot perimeter parkway lot along Miles Avenue. 14. Prior to recordation of a final map, the Applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conversion Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 15. The Applicant shall coordinate with Sunline Transit and the City to provide a future bus turnout and shelter location on Washington Street. A bus turnout shall be provided for in the approved street improvement plans, and shall either be constructed with those improvements for bonded for. Appropriate bonding shall be provided in lieu of a completed bus stop shelter, until such time as service is provided by Sunline. Grading and Drainage 16. The Applicant shall submit a grading plan that is prepared by a registered civil engineer who will be required to supervise the grading and drainage improvement construction and to certify that the constructed conditions at the rough grade stage are as per the approved plans and grading permit. This is required prior to final map approval. CS/CONAPRVL.033 - 5 - Certification at the final grade stage and verification of pad elevations is also required prior to final approval of grading construction. 17. The Applicant shall submit a copy of the proposed grading, landscaping, and irrigation plans to Coachella Valley Water District for review and comment with respect to CVWD's water management program. 18. A thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. The report's 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. 19. Any earthwork on contiguous properties requires a written authorization from the owner(s) (slope easement) in a form acceptable to the City Engineer. 20. Drainage disposal facilities shall be provided as required by the City Engineer. The Applicant shall comply with the provisions of the City Master Plan of Drainage, including payment of any drainage fees required therewith. All drainage easements must be shown on the Final Tract Map. 21. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of TT 23995 and EA 88-099, which must be satisfied prior the the issuance of a grading permit. Prior to the issuance of a building permit, the Applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this TT 23995 and EA 88-099, which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval, the Applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with all remaining conditions of approval and mitigation measures of this TT 23995 and EA 88-099. The Planning Director may require inspection or other monitoring to assure such compliance. CS/CONAPRVL.033 - 6 - Traffic and Circulation 22. Applicant shall comply with the following requirements of the Public Works Department: a. The Applicant shall dedicate all necessary public street and utility easements as required, including all corner cutbacks. Easements and rights of way along Washington Street shall be dedicated within thirty (30) days of the approval of the second time extension for the tract. b. The Applicant shall submit street improvement plans that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings and raised median islands (if required by the City General Plan), shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code (three-inch AC over four -inch Class 2 Base minimum for residential streets). C. Street name signs shall be furnished and installed by the Developer in accordance with City standards. 23. Applicant shall dedicate, with recordation of the tract map, access rights to Washington Street, Miles Avenue, and Adams Street for all individual parcels which front or back-up to those rights -of -way. Tract Design 24. A minimum 20-foot landscaped setback shall be required along Washington Street and Miles Avenue. Design of the setbacks shall be approved by the Planning and Development Department. Setbacks shall be measured from ultimate right-of-way lines. a. The minimum setbacks may be modified to an "average" if a meandering or curvilinear wall design is used. b. Setback areas shall be established as a separate common lot and be maintained as set forth in Condition No. 13, unless an alternate method is approved by the Planning and Development Department. CS/CONAPRVL.033 - 7 - 25. The tract layout shall comply with the R-3 and R-1 zoning requirements and specific plan specifications, including for the R-1 zone minimum lot size and minimum average depth of a lot. The minimum R-1 lot size to be recorded in a final map shall be 7,200 square feet. Walls, Fencing, Screening, and Landscaping 26. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, 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 irrigation during any construction activities; b. Planting of cover crop or vegetation upon previously 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 the requirements of the Director of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. 27. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning and Development and Public Works Departments. 28. Prior to final map approval, the Applicant shall submit to the Planning Division for review and approval a plan (or plans) showing the following: a. Landscaping, including plant types, sizes, spacing, locations, and irrigation system for all landscape buffer areas. Desert or native plant species and drought resistant planting materials shall be incorporated into the landscape plan. CS/CONAPRVL.033 - 8 - b. Location and design detail of any proposed and/or required walls. C. Exterior lighting plan, emphasizing minimization of light and glare impacts to surrounding properties. 29. Prior to final map approval, the subdivider shall submit criteria to be used for landscaping of all single-family individual lot front yards. At a minimum, the criteria shall provide for two trees and an irrigation system. C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 30. Prior to the 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 public agencies: o City Fire Marshal o City of La Quinta Public Works Department o Planning and Development Department, Planning Division o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above -mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 31. 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. 32. The Applicant shall comply with the following: a. No buildings in the multi -family area within 150 feet of the ultimate right-of-way of Washington Street and Miles Avenue shall be higher than one story. CS/CONAPRVL.033 - 9 - b. Seventy-five percent of R-1 zone dwelling units within 150 feet of the ultimate right-of-way of Miles Avenue shall be limited to one story, not to exceed 20 feet in height. The Applicant shall submit to the Planning and Development Department for approval a drawing showing the location of any single-family units higher than one story located along Miles Avenue frontage. 33. The appropriate Planning approval shall be secured prior to establishing any of the following uses: a. Temporary construction facilities. b. Sales facilities, including their appurtenant signage. C. On -site advertising/construction signs. 34. In the R-1 zone, if a specific dwelling product is envisioned or if groups of lots are sold to builders prior to the issuance of building permits, the Applicant/ Builder shall submit complete detail architectural elevations for all units. The Planning Commission will review and approve these as a Business Item. The basic architectural standards shall be included as part of the C.C. & Rs. 35. The residential plot plan for the R-3 (multi -family) zone shall show 6.45 acres (based on 736 proposed units) of private open space within the development which is usable for active recreation space in accordance with Section 13.24.030 of the La Quinta Municipal Code and Government Code Section 66477. Traffic and Circulation 36. The Applicant shall pay a 25 percent share of all fees necessary for signalization costs at the corner of Washington Street and Miles Avenue, and 50 percent of signalization costs at the multi-family/commercial area access point onto Miles Avenue and 25 percent of the signalization costs at the intersection of Miles Avenue and Adams Street. CS/CONAPRVL.033 - 10 - Public Services and Utilities 37. The Applicant shall comply with the requirements of the City Fire Marshal. 38. The Applicant shall comply with all requirements of the Coachella Valley Water District, including those related to the storm water channel. Any necessary parcels for District facility expansion shall be shown on the final map and conveyed to the Coachella Valley Water District, in accordance with the Subdivision Map Act. Miscellaneous 39. The Applicant shall provide a 20-foot bikeway easement on final map along the south property boundary of the site and construct an 8-foot bikeway in accordance with Engineering Department standards. The 20-foot bikeway easement can, if acceptable to CVWD, be located on CVWD owned or administered property. If no agreement can be reached with the CVWD the 20-foot bikeway easement shall be provided on land within Tentative Tract 23995. Access shall be provided from the multi -family and single family area to the bikeway. The applicant shall comply with the above condition prior to issuance of occupancy permit for the first unit. 40. Prior to recordation of the first final map for this development, the Applicant shall reimburse the city or provide security in guarantee of reimbursement of the city or its redevelopment districts for any costs previously incurred by the city or its redevelopment districts for improvements which benefit and would normally be the responsibility of this development. If the Applicant provides security in lieu of reimbursement, the Applicant shall provide the actual cash reimbursement prior to recordation of any final map which by itself, or in combination with previously -recorded maps, results in the creation of more than fifty percent (50%) of the building lots proposed for this development. CS/CONAPRVL.033 - 11 - PH #6 PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 13, 1992 CASE: SPECIFIC PLAN 89-014, AMENDMENT #1 APPLICANT: TRANSPACIFIC DEVELOPMENT COMPANY (ONE ELEVEN LA QUINTA CENTER) REQUEST: APPROVAL OF AN AMENDMENT TO THE SPECIFIC PLAN TO ALLOW DRIVE THROUGH FACILITIES WITHIN THE SHOPPING CENTER. LOCATION: AREA BOUNDED BY HIGHWAY 111, WASHINGTON STREET, WHITE WATER STORM CHANNEL, AND ADAMS STREET (UNDER CONSTRUCTION) BACKGROUND: This specific plan for a 600,000+ square foot shopping center was approved in April, 1990. At the City Council meeting of April 17, 1990, the City Council imposed a condition prohibiting drive through facilities except for medical uses. The primary reason for this ban as presented by the City Council was that the South Coast Air Quality Management District was at the time discussing elimination of drive through facilities, due to the fact that the car engines continue to run. The applicants were proposing at that time five drive through facilities in conjunction with fast food restaurants. AMENDMENT REQUEST: The applicant is now requesting approval of an amendment to permit a maximum of 3 drive through facilities within the site. The applicant has indicated that "all drive through facilities shall be screened by a combination of berms, walls and landscaping so that cars using the drive through facilities will not be visible by pedestrians on the perimeter sidewalks, in a manner satisfactorily to the Planning & Development Director". Additionally, the applicant indicates that conditional use permit applications shall be processed for each drive through facility as they are proposed. APPLICANTS SUBSTANTIATION: The applicant has submitted a statement noting his request and providing substantiation for approval of it. The applicant indicates a need for these drive through facilities in order to secure the fast food restaurants. This in turn would provide needed financing for the continuation of the project. STAFFRPT.100/CS -7- In summary, the applicant has provided the following substantiation for approval of this amendment. The applicant feels that this request addresses the following concerns: 1. The number of drive through facilities has been reduced from the 5 proposed in 1990 to 3 which he feels will reduce the overall impact of the facilities. 2. The applicant has submitted plans which show the plot plan layout and how the facilities would be screened from pedestrians and motorists on perimeter streets. The applicant indicates use of a combination of berms, walls and landscaping to screen the drive through facilities. 3. The applicant feels that the drive through facilities would not degrade the upscale, quality image of La Quinta. He notes that Palm Springs does not have a blanket prohibition on drive throughs, but reviews them on a case by case basis and has approved a number of them to date. The applicant feels that those facilities rate with the better retail facilities along other areas of the valley. 4. The main reason for the initial prohibition was due to concerns regarding air pollution. The applicant indicates that recent studies show that pollutants by parking a car, stopping the engine and restarting the engine exceeds the pollutants produced by idling of an engine in a drive through lane. In summary, these are the reasons why the applicant feels this request should be approved. Attached is a copy of the statement of the applicant which fully explains the reasons for his request and substantiation. ANALYSIS: The original concern of the City Council was that the South Coast Air Quality Management District was discussing prohibiting drive through facilities. This prohibition did not occur. Presently, the draft CEQA air quality handbook prepared by the District provides mitigation measures for drive through facilities. The draft document lists as a mitigation measure the following: improved traffic flow at drive throughs by designing separate windows for different functions and providing temporary parking for orders that are not immediately ready for pick up. Staff feels that the plans submitted by the applicant show that it is possible to screen the cars utilizing the drive through facility from the perimeter streets. Screen wall can also be utilized for signage as shown on the plans. STAFFRPT.100/CS -2- Engineering Department has reviewed the plans which were submitted in conjunction with the request. After a thorough review of the specific layouts, the Engineering Department indicates that Pad G-2 will work as shown. Pad I-1 will not work as shown due to traffic congestion created. However, if the traffic flow is changed so that the entrance is at the west corner and the exit is at the east corner the drive through will work. With regards to Pad F-2, Engineering Department indicates that the concept will not work at this location due to exiting conflicts. The Engineering Department indicates that a mirror image of this pad would be acceptable on Pad D-2. CONCLUSION: Staff feels that the drive through facilities are acceptable proved they are acceptable from a vehicular stand point and are properly screened. The concept plans shown for the drive throughs with exception of Pad F-2 show that the facilities can be made to work properly and be screened. However, final design and screening will be determined through conditional use permit application review. RECOMMENDATION: Staff recommends by adoption of Resolution 92- , that the Planning Commission recommend approval of this amendment to allow drive through facilities. Attachments: 1. Location Map 2. Plan Exhibits 3. Statement of support of application 4. Comments from Engineering Department 4. Draft Resolution recommending deletion of Condition #71 STAFFRPT.100/CS -3- i , 1 �O // • ems' s � WESTARE, oi-C i R-3-2. �• R 1 Vr ` SITE �°L W-1 f • ., pw wh _ .�,..�- P's 'Op 7 1 C—P_S H-Cl R=2 north* ' CASE MAP CAM Na, SPA 89-014 PP 90-434 ORTH SCALE: NOT dS 0 :NT BY:TDC UADM Tian.$0acific Development j •C• o. m F a a•y 8-27-92 ;10:29AN 3107828428♦ 6195645297;# 2 `his applieatioui is for the purpoF of amending Condition No. 71. to. Specific' -Plan. SM149 restricting drive-thru facilities at One Reven to Quinta Center. The Condition •is proposed •to be amended as follows: - 1. Net more than throe drive-thru' faaiities shall be permiitted within the Specific Plan; 2. All drive-dm facilities . shall be scuffed by a ' combination of • berms, walls- and • . iandsc apm$ so that :cars Busing the. drivo-thr . facilities will -not be visible by,pedestdans on the perimeter sidewalks,. in a manner .satisfactory to the Planning and Development. - Director, 3. Conditional' Use P�=it applications 'shall be processed for each drive-thru facility: The proposed- amendment to Condition 74 is based bpon applicant's planning efforts relating to. drive-thm fadlities since tale •original Council action.. . In locating potential pad users for One eleven La Quints Center, a Major category of potentitd' buyers has been z4oir, fast food restaurant chains. However, .these chains have.conditioned their Interest in One Slem IA Quima Centel on the ability tor provide, drive dm facilities:• Since the Munn financial markets have precluded cotuventional financing; pno Even La Tuin; Center ha$ proceeded with construction based on partners' contnmutions and proceeds from pad . Thus, the ability to close sales withIast f6od restaurant, chains is crucial to the ability to proceed with the projeM. Qi&al2y,'the Planning Commission unanimously approved five (5) drive-thru facilities at One Eleven La Quints Center. However'. the City Council. deleted these facilities, due to some planning concerns. Applicant feels that. the. curmit .submission addresses these cane-=• 1. the number. of drive-thru facilities has been reduced 'to a ft*aximum of three. (3). This substantially reduces the.overail impact of the facilities. • 2. As shown on -the conceptual slimhes which accompany this application, the. drive-thru facilities are designed- so•that automobiles in the drivo-tmullanes arc fully obscured. from. view by pedesWans and motoi4ts on perimeter streets.. Tile facilities are. placed* behind'. a combination of berms, galls (which.also serve to provide and landscaping: Th.e overall effem is to enhance the portion of the project in which, the drivo-tiuus are . located sAd to totally ameliorate any adverse v1suat effect., : . ENT BY:TDC 8-27-92 ;10:30AM_3107828428-+ 6195546297;# 3 Tran-spacific .. ' Dcvelo•pmeaa ,• .' ,' . ' • • •' Y • •C o m p a'n Y. State rent in :Support of Applicaflop triendment to 6ndition Vo..11 Page :. 3. A question was raised -as to whether drive=thru faciiides•were arorisistent•with an up -scale; duality image: for 1A Quints.' With 'the • sa+cenuig . of . the .'f Mties,. as described in the conceptual sketches,: thege facilities will.be an addition to -the City..Palm Springs, which does sot have a blanket prohibition,on drive--thrds,-but.reviews their on we -by-case bass, has agproved -a nmmber of -them to ,date. ' Visually,* !h ate with the better retail • facilities along the entirety o� Highway. l 11 '(inch Wbg non-give-thru restautants in Palm. ]Desert -and.Rancho Mirage). 4. An issue •was.mised whether the stackiitg•vf autoixiobiles in drive-thru lanes added toair . pollution.. Recent studios shov* that the pollutants . produced by parking' a vehicle, stopping the eagiiie, andrestartirig the.engine,'exceeds the pallutants.produced by idling of the a eWne in a drive-fim lane. For the abo4e-.jeasons, applicant. respoct 'ully requests the. amdment of Condition No. 71 to Sped& Plan 89-014. v TO: FROM: DATE: MEMORANDUM PLANNING DEPARTMENT ENGINEERING DEPARTMENT SEPTEMBER 10, 1992 SUBJECT: SPECIFIC PLAN 89-014, AMENDMENT #1 TRANSPACIFIC DEVELOPMENT COMPANY "DRIVE-THRU PADS EXHIBIT PLANS" The Engineering Department has reviewed the "drive-thru pads exhibit plans" and determined the following: G-2 pad Concept okay for drive-thru as shown with entrance at westerly corner and exit at easterly corner. I-1 pad Concept will not work as shown. Overflow storage will block drive access to highway 111 with the direction shown. If traffic flow is switched so the entrance is at the westerly corner and the exit is at the easterly corner, a drive-thru operation will work. F-2 pad Concept will not work at this location. Left turning vehicles must cross a lane of traffic as they exit the drive-thru. Due to the stop sign placement at the major access road that connects to Highway 111, the exiting vehicle will not have enough space to get into the correct lane before stopping for the stop sign. A mirror image of this pad would be okay in the D-2 location. SS/RV t r J S EP 10 1992 PLANNING COMMISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A COMMERCIAL SPECIFIC PLAN. CASE NO. SPECIFIC PLAN 89-014, AMENDMENT #1 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of October, 1992, hold a duly -noticed Public Hearing to consider the request of Transpacific Development Company (One Eleven La Quinta Center) to allow an amendment to a Specific Plan which allows a commercial shopping center on 60+ acres located on a site bounded by Highway 111, Washington Street, White Water Storm Channel, and Adams Street (under construction), more particularly described as: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, T5S, R7E, SBBM AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 30, T5S, R7E, SBBM WHEREAS, said Specific Plan Amendment request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that a Negative Declaration has been adopted by the City Council in April, 1990. Therefore the Planning Director has determined that no additional environmental review is necessary; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said Specific Plan Amendment: 1. 2. 3. The submitted exhibits show that adequate screening and landscaping can be provided to mitigate the negative aspects of drive through facilities. The drive through facilities will be architecturally superior and compatible with the shopping center and surrounding development. The applicant throughs from of this type has reduced the number of proposed drive five to three which will reduce the impact of facility. CS/RESOPC.042 - 1 - 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 deletion of Condition #71 of City Council Resolution #90-027 for the reasons set forth in this Resolution. 3. Condition #71 of City Council Resolution 90-027 is hereby replaced with the following: A. Not more than three drive through facilities shall be permitted within the specific plan. B. All drive through facilities shall be screened by a combination of berms, walls and landscaping so that the cars using the drive through facilities will not be visible by pedestrians and cars on the perimeter sidewalk and street in a manner satisfactory to the Planning and Development Director. C. Conditional Use Permit Applications shall be processed For each drive through facility. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13th day of October, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California CS/RESOPC.044 - 2 - CC MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California September 22, 1992 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:08 P.M. by Chairwoman Barrows. Commissioner Mosher led the flag salute. U. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Mosher Ellson, Marrs, Adolph, and Chairwoman Barrows. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Principal Planner Fred Baker, Associate Planner Wallace Nesbit, Associate Planner Greg Trousdell, and Department Secretary Betty Anthony. C. Consultants: Jon McNamara, Tim Campbell, Kate May, Mark Peterson, and Matt Burt. M. PUBLIC HEARINGS Chairwoman Barrows excused herself due to a possible conflict of interest and turned the meeting over to Vice Chairman Mosher. A. Draft General Plan and Final EIR; a request of the City to approve the FEIR and General Plan for the La Quinta General Plan. 1. Mr. Jon McNamara, Mr. Tim Campbell, and Ms. Kate May presented the information relative to the General Plan and FEIR. A copy of which is on file in the Planning and Development Department. 2. There being no questions of consultants, Vice Chairman Mosher opened the Public Hearing. Mr. Forrest Haag, representing Landmark Land Company addressed the Commission regarding Lardmark's concern of having their property on the southeast and northeast corner of Jefferson and 52nd Avenue and the northwest corner of Jefferson and 50th Avenue remain commercial. PC9-22 1 Planning Commission Minutes September 22, 1992 3. Commissioner Ellson questioned Mr. Haag if these changes had not been at the request of Landmark in exchange for other zoning consideration. She further asked how the commercial zoning at 50th Avenue and Jefferson fit in with Landmark's long range plans. Mr. Haag stated there plans were for a variety type of commercial area with possibly a home improvement and office use. 4. Ms. Mary Francis Fenedy, property owner on Tampico west of the new City Hall site, addressed the Commissioner regarding commercial zoning for her residentially zoned property that was "sandwiched between commercial property and the new Civic Center. She had made application to rezone the property but the cost was too excessive. Discussion followed as to the location of the property, the size of the property and the shape of the lot. 5. Mr. D. G. Saad, property owner on Tampico, shared the same concerns as Ms. Fenedy. Commissioner Adolph asked if Mr. Saad had plans to develop the property. Mr. Saad stated that if it were zoned commercial he would move to develop it immediately as a retail use. 6. Mr. Hank Hohenstein, representing the City of Indio, read a letter from Mrs. Dorothy Papazian (Sternberg) into the record regarding her concern to maintain low density zoning along the border with Indio. He further stated their concerns regarding the Transportation Uniform Mitigation Fee. Discussion followed regarding the fee and the number of lanes planned for Madison Street. 7. Ms. Audrey Ostrowski, stated her concern over the amount of land that was being zoned commercial. 8. Mr. Tim Bartlett, speaking for different land owners, stated his concern that a number of people who own property were unaware of the changes that are proposed to their property. Discussion followed relative to the notifying process and the Commercial/Park zoning. 9. Mr. Michael Bangeter, asked the Commission to consider keeping the commercial zoning on the property he was representing at 52nd Avenue and Jefferson PC9-22 2 Planning Commission Minutes September 22, 1992 10. Mr. Ray Hanes, representing A. G. Spanos Company property at the southeast corner of Miles Avenue and Washington Street. He asked the zoning remain consistent with what was approved on the tentative tract map. In addition, their property at Lake La Quinta be retained as commercial. Discussion followed as to the exact location of the request. 11. There being no further discussion, Commissioner Adolph stated his concern that each of these requests needed to be reviewed separately. He felt it was unfair to group all the requests together and approve the General Plan without independently identifying these requests and evaluating them. 12. Vice Chairman Mosher stated his agreement regarding these requests and asked Staff if they could prepare an informational packet to the Commission showing the respective properties as they are zoned now and what is proposed. 13. There being no further comment it was moved by Commissioner Marrs and seconded by Commissioner Adolph to continue the matter to a special meeting to be held September 28, 1992, at 7:00 P.M. at the La Quinta YMCA Child Care Development Center. Unanimously approved with Chairman Barrows abstaining. Chairman Barrows returned to the meeting. Vice Chairman Mosher moved to reorganize the Agenda and place Item #3, Public Use Permit 92-013 The La Quinta Senior Center, as Item #2, and Item #2, Change of Zone 92-072 and Tentative Tract 27613, as Item #3. Unanimously approved. Break: 8:25 - 8:35 P.M. B. Public Use Permit 92-013; a request of the La Quinta Senior Center for approval of a public use permit to allow the construction and operation of a 10,600 square foot senior center. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioners Adolph and Ellson questioned different uses in relation to the floor plan. PC9-22 3 Planning Commission Minutes September 22, 1992 3. Mr. John Walling, architect for the project, gave a description of the project and went over the floor plan. 4. Mrs. Marilyn Smith, Senior Center Director, addressed the Commission regarding their concern about Meals on Wheels and the logistics of operating the different programs. Discussion followed relative to the way the different programs function. 5. There being no further discussion, Chairwoman Barrows opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. 6. There being no further comments, it was moved by Commissioner Ellson and seconded by Commissioner Marrs to adopt Minute Motion 92-031 approving Public Use Permit 92-013, subject to the attached conditions. Unanimously approved. Chairwoman Barrows excused herself due to a possible conflict of interest and turned the meeting over to Vice Chairman Mosher. C. Change of Zone 92-072 and Tentative Tract Map 27613 - The Tradition of La uinta; a request of J. B. Gold to redesignate from R-1*++10,000 and R-2* 20,000 to R-2 Multiple Family Dwellings and redesignate from Hillside Conservation to R-2 (Multiple Family Dwellings) and approve the development of +446 acres of a 746.6 acre site into 399 single family lots and an 18 hole golf course. 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Vice Chairman Mosher asked if two story units would be allowed. Staff stated they would not be allowed near Avenida Bermudas . 3. Commissioner Adolph asked what the developer planned to do with the Hacienda Del Gato house and who would actually own it. Staff stated it would be best if the Applicant answered these questions. 4. Vice Chairman Mosher asked how the Applicant planned on enforcing the "No Parking" with the minimum width roads as planned. Where do the maintenance and utility service people park? Discussion followed relative to the street width, and the problems caused by narrower widths. PC9-22 4 Planning Commission Minutes September 22, 1992 5. Vice Chairman Mosher questioned the cul-de-sac turning radius being reduced from 90-feet to 76-feet. Staff stated this was actually the same size radius when its provided in private streets. 6. Vice Chairman Mosher opened the Public Hearing. Mr. J. B. Gold addressed the Commission and gave a brief summary of the project. Vice Chairman Mosher asked if the Applicant agreed with the conditions as Staff had prepared. Mr. Gold stated that most of them were acceptable. 7. Commissioner Adolph asked what the Applicants intentions were for Hacienda Del Gato. Mr. Gold stated it was their intent to refurbish and restore the building and use it as a sales office presently and in the future it would be his home or one of the partners in the project. Commissioner Adolph asked if he had any objections to deed restrictions being placed on the property. Mr. Gold stated he had no objections. 8. Mr. Ronald Gordon, resident to the north of the project, stated his concern for the water drainage from the project to his property. I-ie stated a berm had been started but needed to be finished. He also stated his concern regarding noise. He understood a wall was to be constructed and asked if it would be completed with this project. Also would the two story tennis units block his view? Mr. Mike Smith, engineer for the project, stated two story units were probably over a 1000-feet away and should not block their view. He also stated they would be required to have a noise study completed on the project. 9. Mr. Carl Cox, stated his concern about redesignating any hillside area. Mr. Smith clarified the rezoning and stated it was not actually rezoning but realigning to follow the toe of the mountain. 10. Ms. Sandy Swan, resident to the north of the project stated her concerns regarding the following: a. How many full time residents? 1.) Approximately 1/3. b. The berm and bicycle path? 1.) To be completed. C. What type of lighting will the tennis court have? 1.) Will conform with Dark Sky Ordinance. d. The flood control lakes? e. The drainage system on Rondo? PC9-22 Planning Commission Minutes September 22, 1992 f. The improvement landscaping, wall, and berm. 1.) Assistant City Engineer Steve Speer gave a description of the drainage system. g. The height of the clubhouse, and the height of the two story units. 1.) 28-feet maximum h. A noise study/abatement. 1.) Will be completed before project is finished. i. The square footage of the homes to be built. 1.) 1200 square feet minimum, but probably much larger. j . What was the key punch system for the Fire Department on the gates. 1.) This is a requirement of the Fire Department. k. The rezoning of the hillside. 1.) There was no rezoning only realigning to follow the toe of the mountain. 11. Mr. Gordon asked how they could be kept informed on the project. Planning Director Jerry Herman stated that City Council hearing notices would be mailed. 12. There being no further comments, Vice Chairman Mosher closed the Public Hearing. 13. Commissioners discussed the street widths and how best to control the "No Parking" problem. Following discussion it was recommended that an additional condition be added stating, "Any changes to the `No Street Parking' requirements must have the approval of the City Engineer and Fire Marshal on all streets less than 36-feet." 14. Associate Planner Greg Trousdell asked the Commission to clarify whether they wanted Conditions 80 and 81 added with the wording changed regarding retaining the citrus trees and having Palo Verde trees added to the street frontage. The Commission stated they wanted them added, as amended. 15. There being no further comments, it was moved by Commissioner Adolph and seconded by Commissioner Ellson to adopt Planning Commission Resolution 92-030 recommending approval of Change of Zone 92-030 and concurrence with the Environmental Analysis Planning Commission Resolution 92-031 approving Tentative Tract Map 26713, subject to the amended conditions. PC9-22 6 Planning Commission Minutes September 22, 1992 ROLL CALL VOTE: AYES: Commissioners Mosher, Ellson, Marrs, Adolph. NOES: None. ABSENT: None ABSTAINING: Chairwoman Barrows. IV. PUBLIC COMMENT: - None V. BUSINESS SESSION A. Minor Temporary Outdoor Event 92-045; a request of Thunderbird Artists (Judi Combs) for approval of fine art shows at the Plaza La Quinta Shopping Center from November, 1992, to March, 1993. 1. Principal Planer Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. He also stated that Staff would require the relocation of the port -a -toilets as well as prohibiting the loading/unloading of vehicles next to Washington Street. Discussion followed as to possible traffic problems. 2. Planning Director Jerry Herman stated that Condition #13 allowed the City to shut down and review any problems that may occur during the shows. 3. Following the discussion it was suggested that a condition be added requiring the artists to use the south side of the parking lot for loading and unloading and to discourage patrons from parking there and causing traffic problems. 4. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Marrs to adopt Minute Motion 92-032 approving MTOE 92-045, subject to the amended conditions. Unanimously approved. VI. CONSENT CALENDAR A. There being no corrections Commissioner Marrs moved that the Minutes of September 8, 1992 be approve as submitted. Commissioner Adolph seconded the motion and it carried unanimously. PC9-22 7 Planning Commission Minutes September 22, 1992 VH. OTHER - Planning Director Jerry Herman notified the Commissioners of the Coachella Valley Association of Governments Conference at the Indian Wells Hyatt Grand Champions on October 30, 1992. Anyone interested in attending was to notify the office at their earliest convenience. VER. ADJOINT A motion was made by Commissioner Mosher and seconded by Commissioner Adolph to adjourn this regular meeting of the Planning Commission to a special meeting on September 28, 1992, at 7:00 P.M. at the La Quinta YMCA Child Care Development Center. This meeting of the La Quinta Planning Commission was adjourned at 10:41 P.M., September 22, 1992. PC9-22 8 900 MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A special meeting held at the La Quinta YMCA Child Care Development Center 49-955 Park Avenue, La Quinta, California September 28, 1992 I. CALL TO ORDER A. The meeting was called to order at 7:02 P.M. by Vice Chairman Mosher. Commissioner Marrs led the flag salute. H. ROLL CALL A. Vice Chairman Mosher requested the roll call. Present: Commissioners Ellson, Marrs, Adolph, Vice Chairman Mosher. Commissioner Marrs moved to excuse Chairman Barrows from the meeting. Commissioner Adolph seconded the motion and it carried unanimously. B. Staff Present: Planning Director Jerry Herman, Principal Planner Fred Baker, Associate Planner Wallace Nesbit, and Department Secretary Betty Anthony. C. Consultants: Tim Campbell and Kate May. M. PUBLIC HEARINGS A. Draft General Plan and Final EIR; a request of the City to approve the FEIR and General Plan for the La Quinta General Plan. 1. Vice Chairman Mosher gave a brief synopsis of the last meeting and reopened the Public Hearing. 2. Mr. Peter Zelles, resident, spoke on behalf of the residents on the south side of Tampico. He stated the need to change the property to a commercial zoning to avoid incompatible zoning. Discussion followed as to the delineation of the Village Specific Plan area. Planning Director Jerry Herman gave a brief description of the different zones within the area. PC9-28 1 Planning Commission Minutes September 28, 1992 3. Mrs. Mary Fenedy, Tampico property owner, stated her desire to have her property zoned commercial. 4. Ms. Arlene Turi, Tampico property owner, stated her desire to have her property zoned commercial. 5. Mr. Ray Hanes, representing A. G. Spanos, accepted the proposed zoning for the property at Miles and Washington, but wanted to retain the commercial zoning for the Lake La Quinta property. 6. Ms. Virginia Garbutt, Tampico, property owner, stated her desire to have commercial zoning on her property. 7. There being no further discussion, Vice Chairman Mosher closed the Public Hearing and the Commission commenced to discuss each property individually (reference map attached. 8. Property #1 & #5 (southeast corner of 50th Avenue and Jefferson): ]discussion regarding the irregular shape of the properties and the possibility of the entire area including Lots 2 and 3, as a commercial zone. Commissioner Ellson gave a description of how she felt the traffic circulation and zoning should fit together. Following the discussion, it was decided to leave the category as it as proposed (Neighborhood Commercial) and allow the opportunity for the property owners in Lots 2 and 3 to consider rezoning their property to multi -family sometime in the future. 9. Commissioner Marrs stated that even though the General Plan was laying down guidelines for zoning the City, citizens should remember these are guidelines. If a developer can provide a viable project and show justification for a rezoning, the property could potentially be rezoned. 10. Property #3 (northwest corner of Washington and Highway 111) would remain with the proposed Community Commercial. 11. Property #4 (Southwest corner of 50th Avenue and Jefferson Street) would remain as proposed, Tourist Commercial. 12. Property #5A (northwest corner of 50th Avenue and Jefferson Street): Commissioner Ellson stated she felt the property should be classified as Tourist -Commercial. Tim Campbell explained to the Commission the difference between Tourist Commercial and Neighborhood/Community PC9-28 2 Planning Commission Minutes September 28, 1992 Commercial. Following the discussion it was determined to leave the approximately 20 acres property as proposed, Neighborhood Commercial. 13. Property 6A and #13 (on Highway 111 between Adams Street and Dune Palms Road): left as proposed (Mixed/Regional Commercial) as there wound be no change from the existing General Plan to the proposed General Plan. 14. Property 6B and 7B (southeast corner of Washington Street and Miles Avenue) would stay as proposed High Density Residential and Park Facilities. 15. Property VA (Washington Street between 48th Avenue and 47th Avenue - Lake La Quinta). Commissioners discussed the various commercial uses, height limitations, and affects on the surrounding residential property. Following the discussion it was determined that Lot 282 would be designated Neighborhood Commercial; Lot 283 would be designated Office; and Lot 284 would be Community Commercial. It was pointed out by Mr. Campbell that the Low Density Residential designation on Lot 282 was a graphics error and that Office designation was intended. After further discussion, the Commissioners concurred that Lot 282 should be Office. 16. Property #7C (Jefferson Street between 53rd Avenue and 54th Avenue) would remain Low Density Residential with Rural Residential Overlay. 17. Property #8 (southeast corner of 50th Avenue and Washington Street); would remain Office. 18. Property #9 and #11 (Tampico Street to the west of the City Hall); following discussion regarding access points to the property on Tampico and Buena Ventura and surrounding property, it was determined to leave the property Residential. 19. Vice Chairman Mosher took this opportunity to direct Staff to relay to the City Council the Planning Commission strong recommendation that the City Council revisit the Village Specific Plan and consider these properties at that time. 20. Property #10 (southwest of Lake Cahuilla) would remain as proposed, Open Space. PC9-28 3 Planning Commission Minutes September 28, 1992 21. Property #12 (near 48th Avenue); Commissioners discussed the designation of the site and stated it should be designated as a historical site and not a recreational site by further delineating the "Park" definition. 22. Planning Director Jerry Herman asked the Commission to review the Policy changes that were presented to them. Following discussion the following was recommended: a. Policy 2-1.1.1 approved as recommended. b. Adding a policy requiring "Employment Support Services". C. Assign the land use designation of Low Density Residential to approximately 40 acres located at the northeast corner of Madison and 55th Avenue. d. Policy 2-6.4.3 changed to reflect the Response to Comments, EIR Appendix C, Page C-16, Response #45. 23. Commissioner Ellson questioned Page 2-11, Policy 2-1.3.1 as to how Staff proposed to integrate the residential with the commercial. Staff stated Policy 2-314 addresses that concern. She further asked that on Page 3-23, Policy 3.5.1.5 the word "Park" be added. In addition on Page 3-24 she asked that a bicycle path corridor be added on 47th Avenue between Washington Street and Adams Street. 24. There being no further discussion it was moved by Commissioner Adolph and seconded by Commissioner Marrs to adopt Minute Motion 92-033 recommending to the City Council certification of the Final EIR for the 1992 La Quinta General Plan in accordance with the findings set forth in the Staff Report. Unanimously approved with Chairwoman Barrows being absent. 25. Commissioner Ellson moved and Commissioner Adolph seconded a motion to adopt Planning Commission Resolution 92-032 recommending to the City Council approval of the adoption of the 1992 La Quinta General Plan. ROLL CALL VOTE: AYES: Commissioners Mosher, Ellson, Marrs, Adolph. NOES: None. ABSENT: Chairwoman Barrows None ABSTAINING: None. PC9-28 Planning Commission Minutes September 28, 1992 VH. OTHER - Planning Director Jerry Herman notified the Commissioners and the remaining audience that this matter would go before the City Council on October 6, 1992, at their 7:00 Public Hearing time. VHL ADJOURNMENT A motion was made by Commissioner Ellson and seconded by Commissioner Adolph to adjourn this special meeting of the Planning Commission to a regular meeting on October 13, 1992, at 7:00 P.M. at the La Quinta City Hall Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 9:00 P.M., September 28, 1992. PC9-28 5