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2007 02 13 PCT4 0 D 4 Qum& Planning Commission Agendas are now available on the City's Web Page @ www.lawww.la-guinta.org rg PLANNING COMMISSION A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California FEBRUARY 13, 2007 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING ' Beginning Resolution 2007-007 Beginning Minute Motion 2007-003 CALL TO ORDER A. Flag Salute B. Pledge of Allegiance C. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV, CONSENT CALENDAR A. Approval of the Minutes of the Regular Meeting of January 23, 2007. G:\WPDOCS\PC Minutes\1 AgendaW.doc V. PUBLIC HEARING: For all Public Hearings on the Agenda, a completed "Request to Speak' form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. - A. Item... ............. ENVIRONMENTAL ASSESSMENT 2006-573, SITE DEVELOPMENT PERMIT 2006-865 ' Applicant......... CNL Desert Resorts, L.P. Location......:.... West side of Avenida Obregon, approximately 150-feet south of Avenida Fernando, within the La Quinta Resort. Request ..... :..... Consideration of architectural and landscaping plans for a signature pool facility. Action .............. Resolution 2007- , Resolution 2007- B. Item ................ SITE DEVELOPMENT PERMIT 2006-874 Applicant......... Komar Investments Location........... South of Highway 111, at Depot Dnve Request ........... Consideration of architectural and landscaping plans for seven commercial buildings. Action .............. Resolution 2007- C. Item .................. SIGN APPLICATION 2006-1078 Applicant............ Imperial Sign Company, Inc. Location .............. 79-640/700 Highway 111 Request .............. Consideration of a proposed sign program for permanent business identification signage and monument sign for Dunes Plaza Action................. Minute Motion 2007- VI. BUSINESS ITEMS: A. Item ................... CONTINUED - NOTICE OF PUBLIC NUISANCE CASE 2006-5204 Appellants.......... Jeffrey S. and Ardis L. Manning Location .............. 52-715 Avenida Navarro Request ............. Appeal of a Public Nuisance Determination regarding the violation of a recreational vehicle encroaching on the City right-of-way without a permit, parking in a location not G:\WPDOCS\PC Minutes\1 AgendaMdoc _ zoned for vehicular parking, being improperly stored on a residential property and a patio cover that violates the exterior side yard setback Action ................ Minute Motion 2007- VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Review of City Council meeting of February 6, 2007 IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on February 27, 2007, at 7:00 p.m. DECLARATION OF POSTING I, Betty J. Sawyer, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, February 13, 2007, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, February 9, 2007. DATED: February 9, 2007 BE gLaQui YER, Executive Secretary City of nta, California G:\WPDOCS\PC Minutes\1 AgendaW.doc Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. G:\WPDOCS\PC Minutes\1 AgendaW.doc BI #A PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 13, 2007 CASE NO.: NOTICE OF PUBLIC NUISANCE CASE NO. 06-5204 APPELLANT: JEFFREY S. AND ARDIS L. MANNING REQUEST: APPEAL OF PUBLIC NUISANCE DETERMINATION REGARDING THE VIOLATION OF AN R.V. ENCROACHING ON THE CITY RIGHT-OF-WAY WITHOUT A PERMIT, AN R.V. PARKED IN A LOCATION NOT ZONED FOR VEHICULAR PARKING, AN R.V. BEING IMPROPERLY STORED ON A RESIDENTIAL PROPERTY AND A PATIO COVER THAT VIOLATES THE EXTERIOR SIDE YARD SETBACK. LOCATION: 52715 AVENIDA NAVARRO BACKGROUND: On October 26, 2006, the Code Compliance Division received a report of an R.V. being parked in the front yard at 52715 Avenida Navarro (Attachment 1). A site inspection was conducted on October 30, 2006, and the code compliance officer observed an R.V. parked on the side yard encroaching into the public right-of-way (Attachment 2). A Notice of Violation was issued on November 6, 2006, instructing the appellants to remove the R.V. out of the right-of-way and to correct any obstruction of emergency entrance and exits of the residence (Attachment 3). A re -inspection was conducted later that day by the code compliance officer who noted that the R.V. was removed from the right-of-way and the appellant, Mr. Manning, informed Code Compliance Staff on November 7, 2006, that the R.V. was removed from the right-of-way. On November 8, 2006, Mr. Manning met with Code Compliance staff at his residence. The inspection on proper egress confirmed that although there were two windows that were either fully or partially blocked by the R.V., there was adequate egress from the rear habitable bedroom into to a hallway and also to the rear yard via a rear sliding glass door. The inspection also confirmed the R.V. continued to encroach into the right-of-way. The November 9, 2006, Mr. Manning spoke with Building & Safety Department staff regarding the permit requirement to pour a concrete pad to park his R.V. in the same location at his residence. Mr. Manning was informed that a building permit would not be required for the concrete work but that any encroachment into the adjacent right-of-way would require an encroachment permit. Mr. Manning also spoke with Public Works Department staff that same day about obtaining an. encroachment permit. Staff explained the application process and advised Mr. Manning that it would be unlikely that the permit would be approved. The answers provided to Mr. Manning on this visit were the same answers provided to Mr. Manning several weeks earlier on his previous inquiry. On November 15,, 2006, Mr. Manning met with the Building & Safety Department Director and Code Compliance staff at his residence. Measurements were taken and an encroachment into the public right-of-way was identified. A Notice of Public Nuisance was issued, instructing Mr. Manning to correct all listed violations within 21 days (Attachment 4). On November 20, 2006, Mr. Manning came in to City Hall and inquired about fines for potential administrative citations for the noted existing offenses and the appeal process. Community Development staff assisted Mr. Manning with answering questions regarding the appeal process. On November 22, 2006, a letter of appeal was submitted by Mr. Manning in regard to the Notice of Public Nuisance at the City Clerk's office (Attachment 5). ANALYSIS: In accordance with Section 11.72.050 (F) of the La Quinta Municipal Code, the Planning Commission is required to review this matter and'determine whether the public nuisance exists. The code provision does not authorize the Planning Commission to allow any relief from the code requirements. The Planning Commission's only authority is to determine if there is or is not a violation of the code based upon the facts presented in this report and at the public hearing. The violation of Municipal Code is specific to Section 9.60.130(D) in which the locations allowed for R.V. Storage is identified (Attachment 6). This Section states, "R.V.'s parked in the driveway or immediately adjacent to and parallel to the driveway, may encroach into the right-of-way, provided that no part of the R.V. extends over any sidewalk, curb or travelway." The location Mr. Manning has chosen to store or park his R.V. does not comply with this allowance. Therefore, the R.V. cannot encroach into the right-of-way. In a letter Mr. Manning wrote to the Planning Commission that was attached to the application for appeal, he references first contacting Community Development and other city staff in advance of purchasing the R.V. in an effort to confirm that the location was acceptable. Staff does not recall the referenced conversation that reportedly occurred in August and all are fully aware of the Municipal Code provisions regarding R.V. storage, particularly with reference to right-of-way encroachment. Mr. Manning's residence is located at the corner of Avenida Navarro and Calle Nogales. The lot size, residence and driveway configurations do not provide for alternate locations for Mr. Manning to store his R.V. The distance between the street right-of-way (south property line) and Mr. Manning's residence does not provide sufficient space for the R.V. to be stored without encroaching into the right-of-way and thus the violation of Municipal Code Section 9.60.130 (D). Therefore, an alternate storage location must be established. Additionally, the patio cover directly above the spa encroaches into the ten foot exterior sideyard setback as depicted in the photograph (Attachment 7) and as prohibited in La Quinta Municipal Code 9.50.030 (B) Table 9-2 Residential. Development Standards (Attachments 7 & 8). Since this violation previously listed in the Notice of Public Nuisance remains uncorrected, the patio cover must be relocated to an approved location or must be removed. RECOMMENDATION: Adopt Minute Motion 2007- , upholding the determination that a Public Nuisance exists at the aforementioned address with reference to Case No. 06-5204. Prepared by: A?�- 1-�%a� ANTHONY�MORENO, Senior Code Compliance Officer Submitted JOI-OfSON,7151enning Manager Attachments 1. Vicinity Map 2. Photos of R.V., Setback Measurement, and Front of Residence 3. Notice of Violation- 11 /06/06 4. Notice of Public Nuisance- 11 /15/06 5. Appeal of Notice of Public Nuisance and Attached Letter 6. Section 9.60.130 (D) 7. Photo of patio cover encroaching in 10' exterior side yard setback 8. Section 9.50.030 (B) Table 9-2 Residential Development Standards ATTACHMENT #2 Wm ' t ' ia�D Vie•. r ^ � 6r d r 'x (]�f•1 ny 41 � 0 S Tr y` t r ♦f s r ; 4 vm":' \�� 9»- ��!<\ : � « � � �� «< dw d©��@�.��1 �� , ��y\ .� :. <-� � � � ^j mow° :� �\»« �� \� \/: �� \\\� ��}�� ATTACHMENT #3 DATE OF NOTICL 1A4-04 NOTICE OF VIOLATION PARKING AND STORAGE OF RECREATIONAL VEHICLES CITY OF LA QUINTA MUNICIPAL CODE 9.60.130 to following is to notify you that the recreational vehicle shown below is not in compliance with the City of La Quints's NI Vehicle Regulations. Failure to. correct the noted violations by the compliance date shown above will cause further legal to be enacted. EFINITION: For the purposes of this code, a -Recreational Vehicle" or "RV" means all trallers or any vehicle placed on a r as boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motor homes, ers, 5th wheels, and camper shells that extend more than 12-Inches above the root of the pickup truck on which it is located. no which have been converted for on as a recreational vehicle and do not exceed nine feet in height are exempt from this its Section shall not apply to commercial or construction vehicles which are regulated by sections 1232.110-12.32.130. STREET PARKING. No RV shall be parked or stored for more than 72 consecutive hours or for a combined total exceeding 72 urs during any seven (7) day period, at any public street location or combination of public street locations within the City. STORAGE ON RESIDENTIAL PROPER No person shall store, park, or maintain any RV or parts thereof in any required tot yard use of p rty zoned RVL, RL RM. The recreational vehicle or parts thereof may be stored or parked in a side rear yard provided wfully ins ed and permanently maintained solid wall or fence six feet in height screens such RV.. parts thereof from abutting p and from the public right-of-way. The area in which the RV is parked or stored, must be ved with concrete, asphalt, gmv , imilar materials, and must extend to the width and length of the RV. Areas containing ass or native soil are not appr ed for arking or storage of RVs. If screening an RV, the gate shall be constructed of a solid aque material (9.60.030 DI) _ RVs may be parked or stored in front, side, or rear yards of residential properties located in the RC Zone, provided that the a in which the RV is parked or stored is paved with concrete, asphalt, gravel, or similar materials, and must extend to the width d length of the RV. A property owner who owns a vacant lot immediately adjacent to their permanent place of residence, may rk only their RV on said lot with appropriate pad. Areas containing grass or native soil are not approved for the parking or xage of RVs. RVs parked in the driveway or immediately,adjacent to and parallel to the driveway, may encroach into the ;ht-of--way, provided that no part of the RV extends over any sidewalk, curb, or travel way. STORAGE ON COMMERCIAL PROPERTY. The storage of RVs is prohibited on commercially zoned property unless it is in talidly established RV storage, sales, or repair facility. HABITATION. Habitation of any RV legally parked or stored, is not to exceed 72 consecutive hours or for a combined total wading 72 hours during any seven day period; at any location or combination of locations within the City. . UTILITIES. Legally parked or stored RVs may be connected to an approved source of electricity in conformance with the uional Electric Code. Except for in a legally established RV Park, water and sewer connections cannot be made to any RV less it is for temporary maintenance purposes. No generator may be used in any RV. parked or stored in the City unless it is for nporary servicing or during a lapse of commercial electrical power in the area in which the RV is located. RV MAINTENANCE. It shall be unlawful and a public nuisance to park, store, or leave standing in public view, upon any blic or private property, any RV that is wrecked, dismantled, unregistered, inoperative, or otherwise unsightly. Any RV shall be emed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes ierwise dilapidated. - - ENFORCEMENT: A. Any violation of this Section which occurs in the public -right-of-way is declared a public nuisance and is subject to citation d/or removal at the owner's expense. QV e r B. Any violation of this Section which occurs on private property is declared a public nuisance and is subject to citation and/or no[ abatement procedures as contained in Chapter 11.72 of the La Quinta Charter and Municipal Code. AVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT THE ISSUING OFFICER AT THE LISTED BELOW. eme #: �2 g MSK Make:, 40e Model: - Year: /99 7 Color: %' - Title: Code Compliance Officer Telephone Number: f7601777- . 70i 7 Required: 9/V /NLiT LIP /LF/`fIJVEi± F?11M :n4hT f'T/j OF 71A,'K mmy //20L9fPf LC7ML /2i: /6.04�Li.y_pn�i�,/.i„r.�eV 7GrG 2r�.v�'-U,r-�uoy GIA�QCWZM i7/1L� /'�17E / i.�-/JITfTR/1 : _�6 �P6p • IY w- .. .. t A i+ - y7 ez& CO3Z94!G7LL r7AZ- " CODE COMPLIANCE ' W - �� ,C71a%S f/ZO/"! 7�iVF G�7E a�= TNFs' lLYliSCx`.' ATTACHMENT #4 T-df 4 4 QXWOJ P.O. Box 1504 78-495 CALLE TAMPICO LA QUINT A, CALIFORNIA 92247-1504 COMMUNITY SAFETY DIVISION (760)777-7050 FAX (760) 777-7011 ,iL�IIL��T November 15, 2006 yffm JEFFREY S. & ARDIS L. MANNING Re: 52715 AVENIDA NAVARRO 5271.5 AVENIDA NAVARRO Parcel # 773-304-024 LA QUINTA, CA 92253 Case # 06-00005204 Officer: Anthony Moreno Dear Owner(s): THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. A recent inspection of your property revealed conditions that constitute a public nuisance in violation of the La Quinta Municipal Code. The conditions of the property are in violation of La Quinta Municipal Code 11.72.030. Please correct these conditions within twenty-one (21) days November 15, 2006, or be subject to City abatement, under LQMC 11.72.050. CE N2 NOTICE OF PUBLIC NUISANCE Case Number: 06-00005204 Page 2 of s Failure to correct the listed violation(s) within the time frame indicated will result in the City initiating abatement proceedings and/or criminal prosecution to correct the violation(s), All contractor abatement costs and a 25 % administrative fee shall be charged to the property owner(s) as a lien upon the property and shall become a personal obligation of the owner(s) of record. By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you object to the determination of cited violation(s), you must file a written protest to the Planning Commission no later than ten (10) days from the date of this notice. The appeal shall be in writing and filed with the City Clerk. If you have any questions, please contact Anthony Moreno at (760) 777-7034. Please provide the case number 06-00006204 and the property address. Your assistance in supporting the Code Compliance Division to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require assistance. Sincerely, Anthony Moren Code Compliance Officer CC: All Parties via Certified and First Class Mail CE N2 NOTICE OF,PUBLIC NUISANCE Case Number: 06-00005204 Page 3 of �r PUBLIC NUISANCES Violation Description LQMC 14.16.040 No persons shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over or under such right-of-way, or construct, or put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, or remove, cut or trim trees thereon, or set a fire thereon, or place on, over or under such right-of-way any pipeline, conduit or other fixtures, or move over or cause to be moved over the surface of any, right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or, place any structure, wall, culvert or similar encroachment, or make _ any excavation'or embankment in such a way as to endanger the normal usage of the right-of-way, without having first obtained a permit as required by this chapter. Violation Corrective Action Correct the violation by removing any item or obstacle that obstructs or interferes with the normal use of that right-of-way. Violation Description 11.80.080 (E) E. Parking a vehicle in a space not designated for parking by the applicable zoning ordinance, unless the vehicle is parked for emergency service which shall not exceed four hours. Violation Corrective Action Remove vehicle(s) from Prohibited location to a location zoned for parking. Violation Description LQMC 9.60.130(D-2) For purposes of this code, a ;recreational vehicle; or;RV means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motor ... CE N2 NOTICE OF PUBLIC NUISANCE Case Number: 06-00005204 Page yof 5 homes, travel trailers, 15th wheels,1 and camper shells that extend more than twelve inches above the roof of the pickup truck on which it is located. Passenger vans which have been converted for use as a recreational vehicle and do not exceed nine feet in height are exempt from this section. This section shall not apply to commercial or construction vehicles which are regulated by Sections 12.32.110--12.32.130. D. Storage of RVs. 2. RVs may be parked or stored in the front, side, or rear yards of residential properties located in the RC zone; provided, that the area in which the RV is parked or stored is paved with concrete, asphalt, gravel, or similar materials, and must extend to the width and length of the RV. A property owner who owns a vacant lot immediately adjacent to their permanent place of residence, may park only their RV on said lot with appropriate pad. Areas containing grass or native soil are not approved for the parking or storage of RVs. RVs parked in the driveway or immediately adjacent to and parallel to the driveway, may encroach into the right-of-way, provided that no part of the RV extends over any sidewalk, curb, or travelway. Violation Corrective Action To correct the violation the recreational vehicle must be parked or stored in an area zoned for parking, on an approved pad and does not extend over any rights -of -way, per Municipal Code. Violation Description-' LQMC 6.04.065 All trash containers for single-family or two-family dwellings shall, be stored out of public view in a side or rear yard or an enclosed garage except on pickup day. In no event shall such container be placed adjacent to the roadway for collection more than twelve hours prior to normal collection time. The container shall be removed to the storage area within twelve hours following collection. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling. Violation Corrective Action Remove trash container(s) from public view, except on pick up day. Violation Description LQMC 9:50.030 Development Standards Minimum setback standards for front yard, rear yard, CE N2 NOTICE OF PUBLIC NUISANCE Case Number: 06-00005204 Page 5-of 3— interior and exterior side yard are established, defined, and illustrated for all residential districts in Sections 9.50.040 and in Table 9-2 of Sections 9.50.030 of the Municipal Code. Violation Corrective Action Remove all items and/or structures that are in violation of the Residential Development Standards for minimum setback requirements. Violation Description LQMC 9.50.090 (A-10) Requirements: The landscaping shall include trees, shrubs and ground cover of sufficient size, spacing and variety to create an attractive and unifying appearance. Landscaping shall be in substantial compliance with the standards set forth in the manual on architectural standards and the manual on landscape standards as adopted by the planning commission. Violation Corrective Action Install landscaping per code. CE N2 o r` rq r Ir 0 CO C3. c Ufa\` 0 o/, o o ys' \. �OV �✓r d� a 0 CA -0�- o Jeffrey S. & Ardis L. Manning r- 52715 Avenida Navarro La Quinta, CA 92253 ATTACHMENT #5 City of La Quinta Community, Development Department 78-495 Calle Tampico La,Quinta, California 92253, (760) 777-7125 FAX: (760) 777-1233 IMNCE PC 29 -(Cross out one that does not apply) OFFICE USE ONLY Case Date Related Apps.: Logged in by: '-- Application for Appeal of Findings And/Or Conditions Appellant's Name :I- eQ 5 MA N VJ l +J C Date tJ D\ 2 Mailing Address ,j 2 2 l j A u eg(), vA LA-2'0 N(%A Phone: V6o) �65!-yg5 Resolution.# and Condition(s) of Approval being appealed C AS!- D 6 ' Any development reviewaction may be appealed pursuant to Section 9.220.120 of the Zoning Code. Please identify the type of application: Type of Appeal: Change of Zone Specific Plan Conditional Use Permit Variance Minor Use Permit Tentative Tract Map Tentative Parcel Map Site Development Permit Temporary Use Per}�1 ]t Other t.O ICc � %jaQc M\3GAtx Please provide sufficient information so as to make clear the substance of each of the grounds for appeal. If applicable, indicate the number of the specific condition which is being protested. Use additional sheets if necessary. B6\Appeal Finds-Cond November 20, 2006 Planning Commission City of La Quinta La Quinta, Ca 92253 Dear Sirs and/or Madame: 2006 NOU 22 RM 9 37 CITY OF LA OUINTA CITY CLERK'S OFFICE InAugust I came to the U Quinta Planning Department and spoke with Mr. Les Johnson to get approval%to park a motorhome (RV) adjacent to my house, prior to my actual purchase of the vehicle. I informed him where I live and drew a diagram showing how I wanted to park the motorhome. Mr. Johnson told me that I would be in compliance parking my motorhome on the side of my house and that it could be on gravel and did not have to be on concrete. I also went to La Quinta Code Enforcement and was told the same thing. I then went to the La Quinta Building Department to see if a demolition permit was needed to remove part of my block wall in order to accommodate the motorhome and I was told I did not need one. On'November `6; 2006, approximately two weeks after purchasing the motorhome; making,the necessary changes (which included demolition of a portion of my block wall and bringing in gravel to tie the RV parking into the driveway), I was given a Notice of Violation (Parking and Storage of Recreational Vehicles City of La Quinta Municipal Code 9.60.130) by a Mr. Meredith, stating that the motorhome was encroaching in the public right-of-way. I moved the vehicle over as instructed by Mr: Meredith who then came back, took pictures and informed me that he was closing the case. We were then contacted by Mr. Moreno who informed me that we were in violation of the fire code. I asked Mr. Moreno to please come and see that there were ample escape routes in my in case of fire and no ingress or egress into the structure from that side of myproperty.' Pictures were taken on the inside of my home by Mr. Moreno who later called me to tell me that there was no fire violation but that I was [again] encroaching the public right-of-way. The motorhome had not been moved since Mr. Meredith came by to "close the case." I called Mr. Hartung and asked if he would come out and view the property. Mr. Hartung and Mr. Moreno returned together on November 15, 2006 and I was then given allotice of Public Nuisance because of the encroachment even though Municipal Code 9.60.130 states that "RY's may be parked or stored in front, side or back yards of residential properties and may encroach into the right-of-way, provided that no part of the RV extends over any sidewalk curb, or travel way. " My RV is no where close to any sidewalk, curb of travel way. Mr. Hartung informed me that if I park in the front of my house (on my existing driveway) that I would be in compliance but be would object to the esthetics. At this time I asked Mr. Hartung if I moved the motorhome over the four inches out of the right-of-way would that bring me into compliance and he said no because it would be in violation of the esthetics. It is clear to me that in Mr. Hartung's eyes, no matter what I do, I will never be in compliance. From the very beginning we took every conceivable step to be in compliance prior to purchasing the motorhome. I am writing this letter because my wife and I object to the determination of the cited violation La Quinta Municipal Code 14:16.040 (Public Nuisance). We feel that Mr. Hartung has singled us out -for his own, personal esthetic reasons. My wife and I measured from the outside of the curb to the motorhome and the tires of our motorhome are on our property but the body does extend approximately four inches into the right-of- way. When Mr. Hartung came out, we were also given citations for our trashcans being out on trash day, landscaping that we told Mr. Moreno we were in the process of redoing and a cover over our hot tub that was there when we purchased our home two years ago. Today after leaving the La Quinta City Clerk's office, Mr. Moreno called me:to inform me that after reviewing the photos that he took, he noted that my license tags had expired and asked me what was I going to do. I reminded Mr. Moreno that the motorhome was newly purchased and has the temporary tag in the window. We now believe, following this call, that we have been singled out for harassment. The appeal of living in La Quinta Cove is that it is eclectic and does not require conformance to stringent standards, such as those in the many gated communities around us. We enjoy that and the quaint and unique character it creates. Driving around the area, there are many, many RVs and all different types of parking configurations. We have - done everything.we can to park against the house and out of the way so as not to create a nuisance. Thank you for your time and consideration to this matter. Sincerely, Jeffery Manning 52715 Avenida Navarro La Quinta 9.60.130 Recreational vehicle parking. La Quinta Municipal Code Up Previous Next Main Titl_e_9_MWNG Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS Page 1 of 2 ATTACHMENT #6 Search Print No Frames •.; 9.60 Recreational vehicle ap rkinl A. Intent. It is the intent of this section to provide for the orderly storage of recreational vehicles. It is intended to supplement any applicable state and/or local regulations which may be applicable. B. Purpose. Recreation vehicles may be parked or stored on residentially zoned property only in accordance with the provisions set forth in this section. Recreational vehicles parked within a validly established recreation vehicle storage facility are exempt from the requirements of this section. C. Definition. For purposes of this code, a "recreational vehicle" or "RV" means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motor homes, travel trailers, "5th wheels," and camper shells that extend more than twelve inches above the roof of the pickup truck on which it is located. Passenger vans which have been converted for use as a recreational vehicle and do not exceed nine feet in height are exempt from this section. This section shall not apply to commercial or construction vehicles which are regulated by Sections 12.32.110-12.32.130. D. Storage of RVs. 1. Street Parking. No RV shall be parked, or stored, for more than seventy-two consecutive hours or for a combined total exceeding seventy-two hours during any seven-day period, at any public street location or combination of public street locations within the city. 2. Storage on Residential Property. No person shall store, park, or maintain any RV or parts thereof in any required front yard area of any property zoned RVL, RL, or RM. The recreational vehicle or parts thereof may be stored or parked in a side or rear yard provided that a lawfully installed and permanently maintained solid wall or fence six feet in height screens such RV, or parts thereof from abutting property and from the public right-of- way. The area in which the RV is parked or stored, must be paved with concrete, asphalt, gravel, or similar materials, and must extend to the width and length of the RV. Areas containing grass or native soil are not approved for the parking or storage of RVs. r RVs maybe parked or stored in the front, side, or rear yards of residential properties located in the RC zone provided, that the area in which the RV is parked or stored is paved with concrete, asphalt, gravel, or similar materials, and must extend to the width and length of the RV. A property owner who owns a vacant lot immediately adjacent to their permanent place of residence, may park only their.RV on said lot with appropriate pad. Areas containing grass or native soil are not approved for the parking or storage of RVs, RVs arp ked in theme/ driveway or immediately adjacent to —and—parallel to the driveway, may encroach into the right-of-way, provided;s that no part of the RV extends over any sidewalk, curb, or travelway.r`_-- j E. Storage on Commercial Property. The storage of RVs is prohibited on commercially zoned property unless it is in a validly established RV storage, sales, or repair facility. F. Habitation. Habitation of any RV legally parked or stored, is not to exceed seventy-two hours or for a combined total exceeding seventy-two hours during any seven-day period, at any location or combination of locations within the city. G. Utilities. Legally parked or stored RVs may be connected to an approved source of electricity in conformance with the National Electric Code. Except for in a legally established RV park, water and sewer connections cannot be made to any RV unless it is for temporary maintenance purposes. No generator may be used in any RV parked or stored in the city unless it is for temporary servicing or during a lapse of commercial http://gcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_130&frames=on 1/18/2007 9.60.130 Recreational vehicle parking. Page 2 of 2 electrical power in the area in which the RV is located. H. RV Maintenance. It is unlawful and a public nuisance to park, store, or leave standing in public view, upon any public or private property, any RV that is wrecked, dismantled, unregistered, inoperative or otherwise unsightly. Any RV shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes otherwise dilapidated. 1. Enforcement. 1. Any violation of this section which occurs in the public right-of-way is declared a public nuisance and is subject to citation and/or removal at the owner's expense. 2. Any violation of this section which occurs on private property is declared a public nuisance and is subject to citation and/or formal abatement procedures as contained in Chapter 11.72 of the La Quinta Charter and Municipal Code. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 301 § 2, 1997) http://gcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_130&frames=on 1/18/2007 ATTACHMENT #7 E •K F S C } yr' > N+ { v e 9.50.030 Table of development standards. ATTACHMENT #8 : Page 1 of 3 La Quinta Municipal Code Up Previous Next Main Search Print No Frames Title 9 ZONING Chapter 9.50 RESIDENTIAL DEVELOPMENT STANDARDS A. Definitions. For purposes of this section and this code, the following definitions shall apply: 1. "Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structures. , 2. "Lot coverage" means the ground floor area of the buildings on a site expressed as a percentage of the net site area. For purposes of this definition, "ground floor area" shall mean all enclosed area, including exterior walls and mechanical spaces. Carports, garages and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 3. "Net project area" means all of the land area included within a development project excepting those area with before -development slopes of thirty percent or steeper and those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040 following, set forth standards f development of property within residential districts. -However —standards different from -those -in -Table 9-2 II'apply if speciil zoning symbols described in Section 9.20.030 are designated on the official zoning map. http://gcode.us/codes/laquinta/view.php?topic=9-9_50-9_50_030&frames=on 1/18/2007 9.50.030 Table of development standards. Page 2 of 3 Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH RSP RR Overlay Overlay Minimum lot size for single- 20,000 7200 7200 5000 3600 2000 * ** family dwellings (sq. ft.) Minimum project size for n/a n/a n/a n/a 20,000 20,000 * n/a multifamily projects (sq. ft.) Minimum lot frontage for 100 60 60 50 40 n/a * ** single-family dwellings (ft.) . Minimum frontage for n/a n/a n/a n/a 100 100 * n/a multifamily projects (ft.) Maximum structure height 28 28 17 28 28 40 * ** (ftJ2 Maximum number of stories 2 2 1 2 2 3 * ** Minimum front yard setback 30 20 20 20 20 20 * RVLA0 (ft.), Minimum garage setback4 n/a 25 25 25 25 25 * ** (ft.) U Min mn u interior/exterioor 10/20 5/l� 5110 5110 5110 10115 * ** side yard setback (ft:)s Minimum rear yard setback 30 20 for 10 15 15 20 (ft.)' new lots and 10 for existing recorded lots Maximum lot coverage (%of 40 50 60 60 60 60 * ** net lot area) Minimum livable area 2500 1400 1400 1400 1400 750 for * ** excluding garage (sq. ft.) (multifamily: multifamily 750) Minimum common open n/a n/a n/a 30% 30% 30% 30% n/a area6 Minimum/average perimeter 10/20 10/20 n/a 10/20 10/20 10/20 10/20 n/a landscape setbacks (11J6 * As shown on the approved specific plan for the project. ** As provided in the underlying base district. Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 http://gcode.us/codes/laquinta/view.php?topic=9-9_50-9_50_030&frames=on 1/18/2007 9.50.030 Table of development standards. Page 3 of 3 feet. Z Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet. 3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. For all but RVL district, -minimum garage setback shall be 20 feet if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. ' The following are exceptions to the minimum side setbacks shown:" For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. For RH, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 6 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area standards. 7 Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § I (Exh. A) (part), 1996) http://gcode.us/codes/laquinta/view.php?topic=9-9_50-9_50_030&frames=on 1/18/2007 PH #A PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 13, 2007 CASE NOS: ENVIRONMENTAL ASSESSMENT 2066-573 AND SITE DEVELOPMENT PERMIT 2006-865 APPLICANT: CNL DESERT RESORTS, L.L.P. (DAVID URBAN) LANDSCAPE ARCHITECT: EDSA ENGINEER: MDS CONSULTING REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR A SIGNATURE POOL FACILITY LOCATION: WEST SIDE OF AVENIDA OBREGON, APPROXIMATELY 150 FEET SOUTH OF AVENIDA FERNANDO ON THE LA QUINTA RESORT GROUNDS ENVIRONMENTAL REVIEW: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS CAUSED TO BE PREPARED ENVIRONMENTAL ASSESSMENT 2006-573 (AN ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT (EIR) NUMBER 41 AND TO A SERIES OF SUBSEQUENTLY APPROVED ENVIRONMENTAL REVIEW DOCUMENTS) FOR THIS SITE DEVELOPMENT PERMIT IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED (ATTACHMENT 1 - NOTE: PREVIOUSLY DISTRIBUTED TO PLANNING COMMISSION). THE COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROPOSED MODIFICATIONS TO THE LA QUINTA RESORT DO NOT REQUIRE A SUBSEQUENT EIR, SUPPLEMENTAL EIR OR A NEGATIVE DECLARATION/MITIGATED NEGATIVE DECLARATION, SINCE THE CIRCUMSTANCES DESCRIBED IN SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES DO NOT EXIST, IN THAT THERE WILL BE NO NEW OR MORE SIGNIFICANT IMPACTS THAN THOSE DISCLOSED IN THE PRIOR EIR NUMBER 41 AND THE CEQA COMPLIANCE DOCUMENTS APPROVED SUBSEQUENTLY. THE MODIFICATIONS. PROPOSED AND THE p\reports-pc\2007\2-13-07\sdp 2006-865.doc CIRCUMSTANCES UNDER WHICH THE MODIFICATIONS WOULD BE CARRIED OUT DO NOT REQUIRE SUBSTANTIAL CHANGES TO THE. PREVIOUS EIR, OR THE SUBSEQUENT ENVIRONMENTAL DOCUMENTS, DUE TO THE INVOLVEMENT OF NEW SIGNIFICANT ENVIRONMENTAL IMPACTS OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF PREVIOUSLY IDENTIFIED SIGNIFICANT EFFECTS. IN ADDITION, THERE IS NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE WHICH WOULD TRIGGER THE REQUIREMENT OF A SUBSEQUENT EIR, SUPPLEMENTAL EIR OR NEGATIVE DECLARATION/MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH SECTION 15162(A)(3). THEREFORE, THE COMMUNITY DEVELOPMENT DEPARTMENT IS RECOMMENDING CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 2006-573 IF THE PROJECT IS TO BE APPROVED. SURROUNDING LAND USES: NORTH: TENNIS VILLAS AND DATE PALM GROVE SOUTH: TENNIS COURTS, TENNIS VILLAS, RESORT HOMES AND SPA LA QUINTA EAST: AVENIDA OBREGON WITH THE HOTEL GROUNDS BEYOND WEST: TENNIS COURTS AND TENNIS VILLAS GENERAL PLAN DESIGNATION: CT (TOURIST COMMERCIAL) ZONING DESIGNATION: TC (TOURIST COMMERCIAL) BACKGROUND: The subject property is on the grounds of the La Quinta Resort which opened in 1926 and is located on the east side of. Eisenhower Drive, south of Avenida Fernando. The site proposed for the "signature pool" facility is on the west side of Avenida Obregon, south of Avenida Fernando, private streets within the 62 acre resort (Attachment 2). The La Quinta Resort and Club (originally the La Quinta Hotel) opened in 1926 with 20 casitas, a lobby area and one restaurant. Over the years it has been expanded and modified to include 62 acres and over 800 rooms. Relevant resort development modifications and additions over the years have included: 1926 Opened on December 26, 1926. 1927 Installed nine -hole golf course, the first course built in the Coachella Valley. 1937 Added the first swimming pool to the resort. 1940's Constructed the Tennis Club offering 30 courts with a choice of hard, grass and clay surfaces (presently there are 23 tennis courts). 1980 Constructed two 18-hole golf courses. p\reports-pc\2007\2-13-07\sdp 2006-865.doc 1984 Between 1980 and 1984, constructed 193 casitas and suites with swimming pools, the original Signature Pool (now replaced with sunken center tennis court), the Frank Capra Ballroom and two suites. 1987 Constructed its third 18-hole golf course. 1988 Constructed 371 casitas and a number of swimming pools, the retail area (The Plaza), and two restaurants (Morgan's and Adobe Grill). 1994 Constructed the Flores Ballroom. 1998 Constructed the 23,000 square foot Spa La Quinta and Spa Villas bringing the guestroom total to a little over 800 guestrooms. The 7.4± acre site of the proposed water feature presently is developed with resort recreational facilities, including 10 tennis courts (of the total 23 courts), the main resort swimming pool, landscaped grounds, a children's playground, the Morgan House, and other several buildings. Landscaping consists of a large number of mature Palm and Olive trees. Nine tennis courts, the tennis stadium (center court), a restroom building, the main outdoor swimming pool and playground area will be removed to facilitate the new water feature. Two of the three retained buildings will be used as part of the proposed pool facility. The remaining Morgan House which has closed to resort and public use for approximately one year due to seismic safety concerns will be retained as is with a safety fence installed around it. PROJECT PROPOSAL: General The proposal is to construct a "Signature Pool" water feature on the 7.4 acre site, fronting on Avenida Obregon, a private 20' wide street. The proposed project would include of several related water and pool amenities (Attachment 3). Proposed amenities include two artificial rock formations for a splashdown pool for three slides and a wave pool, a lazy river that proceeds in a circular loop, a formal outdoor pool with terraces, private pool -side cabanas an arrival plaza building, children's outdoor play area and pool, a game room with first aid center, indoor and outdoor dining .areas, and chaise lounge deck areas. A project description which includes a background on the resort has been submitted by the applicant (Attachment 4). The water feature is intended to increase the summer off-season occupancy (48%) at the resort to levels closer to the in -season's 75%. The water feature will be open only to resort guests and La Quinta Resort Club paid members and their children under the age of 23 who are living at home, attending school on a full time basis or in the military. Member's guests will not be allowed to use the facility. It will not be open to the general public at any time, nor be available for use by guests of the applicants other hotels. The proposed water feature (water slides, wave pool and lazy river) would be open daily p\reports-pc\2007\2-13-07\sdp 2006-865.doc between Memorial Day and Labor Day from 10:00 AM to 6:00 PM and on weekends the remainder of the year. In addition, the proposed project would be open daily during Thanksgiving week, from Christmas through New Year's Day, on Presidents' Day weekend, and for one to three weeks during the Spring break period. The formal swimming pool, spa, and children's pools and playground would be open daily with varying hours. The applicant states, as is the case now in the open areas of the project site, the deck and open areas will continue to be used for special events such as receptions, dinners, and meetings in conjunction with conference guests. A ground mounted speaker and music system will be utilized throughout the facility. During full operation of the water feature, the applicant has estimated staffing to be 48 people, consisting of 19 lifeguards, 8 pool attendants, 15 servers/bartenders, 1 manager, 2 assistant managers and 3 dedicated engineering/maintenance workers. Site Design The swimming pools, spas and children's areas will be located on the east side of the site lot closer to Avenida Obregon. The restaurant building and Morgan House generally separate these pools from the west side of the site where the water slides, wave pool and lazy river are proposed to be located. The project area will be secured by various decorative fencing or structures. Fencing is proposed to be primarily 6 foot high decorative metal picket fencing. The existing masonry wall in front of the Morgan House along Avenida Obregon will be retained and used as part of the perimeter fencing. The pedestrian entry to the water feature will be on Avenida Obregon in approximately in the middle of the frontage in the area where an existing turnaround exists. This turnaround will be maintained and used for loading and unloading of guests using the facility. All pedestrian entrance and exiting will be at this controlled point. Presently, between the sunken tennis court and Spa La Quinta to the south, there is an ungated 20 foot wide emergency Fire Department vehicular access from Avenida Obregon to the Tennis Club and restaurant area. This ungated access will be maintained to the north end of the Tennis Club to provide emergency access to this area. At this point it will be gated to prohibit unauthorized access to the water feature but allow emergency access. Also as a part of the proposed project, a raised median (10 feet wide and 50 feet long) with a turn -around area would be constructed in Avenida Obregon, just south of Avenida Fernando, to control and facilitate vehicle circulation and access in this part of the resort. Private, property owners adjacent to Avenida Obregon will still have unrestricted access through this entry to their properties. An option is to construct vehicle gates just south of the median now or in the future if needed to control traffic p\reports-pc\2007\2-13-07\sdp 2006-865.doc going to the water feature. The private property owners adjacent to Avenida Obregon would have full access through the vehicle gate if such a gate is required in the future. This new entry would require removal of 9 perpendicular resort parking spaces and relocation of the adjacent resort wall on the east side of Avenida Obregon, adjacent to the new median. The site grading will generally be at the same or in many areas slightly lower than the adjacent grades. For example, adjacent to the Tennis Villas to the north in the area of the current connecting walkway the finish surface next to the lazy river is shown four feet below the walk on the Tennis Villas site. On the south side of the site next to the Tennis Villas the proposed grade is approximately the same as the villas side. Architecture/Buildings/Structures The existing Tennis Club building near the northwest corner of the site will be expanded slightly to provide tennis locker rooms and a tennis video pro -shop office. These facilities are currently within the project site on the west side of the restaurant building. The current "L" shaped restaurant and bar in the middle of the site will be retained and used as part of the facility. A portion of the building at the northwest corner containing restrooms, lockers, library and the tennis video school office will .be removed and relocated to the expanded Tennis Club building as noted above. Adjacent to the west side of the restaurant a small one story first aid and game room (45 feet by 34 feet) will be constructed. A basement will be provided and is noted to be for pool equipment. A new one story building approximately 117 feet long by 34 feet deep will be constructed at the facility entry adjacent to Avenida Obregon. The building height will not exceed 15 feet. It will function as the secured entry and exit into the facility as well as housing restrooms, a retail area, office, and maintenance and service rooms. All new buildings and additions will architecturally match the existing buildings and utilize white smooth trowel texture plaster, red clay barrel tile roofing, divided light windows and exposed rafters. The remaining structures on the project site will consist primarily of trellises and pool cabanas. The trellises will be constructed of wood (minimum 2"x6") and be supported by concrete columns or attached to buildings. The pool cabanas will have plaster - finished walls, a standing seam metal roof, and wood construction and be fitted with canvas flaps on the fronts which can be opened and closed. As a part of the project two artificial rock formations will be constructed at the west end of the site. The larger of the two will be the southernmost formation at 28 feet high measured from the finish grade. It will house three water slides that empty into an adjacent pool which is to the east of the structure. This structure is approximately 180' from the closest one story tennis villa to the north, 28' from the closest two story p\reports-pc\2007\2-13-07\sdp 2006-865.doc - _ tennis villa to the south and 25' from the tennis court to the west. To the north outside the adjacent Tennis Villas, small patio areas. are provided next to the water feature property line. To the south there are no outdoor living spaces for the two story residential units next to the project site. The finish grade at the base of this structure is approximately .5' lower than the adjacent to the closest tennis villa to the south. The second rock formation to the north of the above -described structure, and will be 18.5 feet high and will contain wave making equipment for an adjacent pool to the east. This structure is approximately 62' from the closest tennis villa to the north, 138' from the closest tennis villa to the south and 38' from the tennis court to the west. The finish grade at the base of this formation adjacent to the Tennis Villas to the north is approximately 4.5' lower than the villas yards. Movie projector equipment will also be housed in this structure for use with a removable screen on the outside of the foundation facing east towards the pool for evening summer movies. The exterior of these structures will be medium to dark rock colored sculpted gunite meant to mimic the nearby mountains. Trees and shrubs will be interspersed in planters at various elevations on the structures. The lazy river which will allows people to tube along its length will meander in an irregular circle around the wave pool, its artificial rock structure, and a portion of the lounging area. This river will meander adjacent to the Tennis Villas to the north with distances generally, between 18' to 35' away. The water surface of the river is proposed to be approximately 6' lower, than the grade of the adjacent Tennis Villas yards to the north. Morgan House The Morgan House has been listed on the 1997 Mellon and Associates Historic Survey as a historic resource that is eligible for listing as a Historic Landmark at the City, State and Federal levels. A thorough evaluation of the house has been completed by Architectural Resources Group (ARG) as a part of the Addendum for this report. It is located near the northeast corner of the site and proposed to be retained in place but not used due to its. non-compliance with current earthquake standards. A decorative safety fence is proposed around the house to ensure the publics safety. No changes to the Morgan House are proposed as part of this proposal, and no future plans have been indicated for this building. The adjacent freestanding one-story garage and storage structure at the northwest corner of the Morgan House is not noted by the Mellon and Associates or ARG reports as an historic structure. Landscaping Landscaping plans show an extensive use of trees and shrubs with an emphasis on color. Planting material are to a great extent low water use plants. Specific tree types and locations are shown with sizes varying from 24" to 48" box size. One of the main trees to be used throughout the site is Date Palm trees at 15' of clear trunk height. p\reports-pc\2007\2-13-07\sdp 2006-865.doc California Fan palms will be used extensively and be between 15' to 25' clear trunk height. Shrub planting species are noted as a mixture of tropical -type color and desert. The plans do show specific locations for the various shrubs and ground covers. No use of turf is indicated on the plans. Parking/Circulation The applicant is not proposing to provide new parking spaces for the signature pool area. The applicant states that it is not increasing the number of hotel rooms and users of the water feature will be resort guests and La Quinta Club members who are already using the existing facilities.' During in season and busy periods the Resort requires employees to park at an off -site parking lot on Calle Tampico and provides shuttles to and from the Resort. This will continue to be utilized when the water feature is in operation. Additionally, shuttles for guests to the water feature and adjacent Spa La Quinta from the main parking lot to the east, the valet area and other parts of the Resort will be available to reduce the need to drive cars to the site from other areas of the Resort. The gated or manned station on Avenida Obregon when in use will direct traffic to the most appropriate parking area to ensure parking problems in the water feature area are avoided and Avenida Obregon remains accessible to emergency vehicles and property owners who use the street for access. In order to widen a portion of the street to provide a median and controlled access on Avenida Obregon . at Avenida Fernando, 9 perpendicular parking spaces are being removed on the east side of Avenida Obregon. They are installing five perpendicular spaces are shown just south of the adjacent Spa La Quinta, along with new decorative street paving in front of the spa's entry. This new parking area is presently a landscape planter. Avenida Obregon due to its 20' wide does not allow parallel parking on either side of the street. With this project that restriction will continue. ISSUES/ANALYSIS: As noted, no additional parking facilities are proposed to be provided for this use other than the five spaces to partially offset the lost of the 9 spaces on Avenida Obregon. The applicant states there will not be an increased parking demand that will exceed the existing parking capacity because the pool feature is geared to increasing the resorts occupancy during the 48% off-season summer month occupancy when parking is readily available. Also, based on their research relating to resort facility usage, the applicant states Citrus Club members who potentially could use the proposed water feature primarily use the resort for golf and fitness and make very minimal use of the existing pools. Lastly, less than 20% of these members have qualified children who p\reports-pc\2007\2-13-07\sdp 2006-865.doc could potentially use the pool feature (Attachment 5). As a part of the Avedida Obregon entry median area south of Avenida Fernando, Staff is recommending the Community Development Director have the right to require the gates be installed and operated during periods of increased parking due to high water feature attendance (Condition of Approval #15(A)(1)(c)l. Once required by the City and. until the gates are installed the Resort will provide a person to man the entry and control traffic allowed to enter the area. During operation of the gates or when it is manned, this entry area will also become the drop-off turnaround for water feature users. Avenida Obregon is a 20' wide private street that does not allow parallel parking on either side. It is red curbed and signed as a fire lane with no parallel parking allowed. During peak use periods, there have been times when guests have parallel parked along the street violating the fire lane restriction as well as making use of the street difficult. The City Code Compliance Department has in the past received complaints regarding parking on the street. As a result, monitoring of the area has resulted in the issuance of five citations in the last 11 months. Regular monitoring of the street for parking violations is done by the City Code Compliance Department.. The gate requirement noted above will help to alleviate this problem. Staff is also recommending that if the City determines they are needed due to parking problems in the immediate area of the water feature operation, up to three parking management studies over three years be completed to determine how to resolve any parking issues. Implementation of improvements recommended by the studies is required within one year of their requirement (Conditions of Approval #23-25). As a part of the Addendum, an acoustical analysis of mechanical equipment use and expected operational conditions was prepared (Attachment 1). In summary, the findings of the study show that the proposed project will operate in compliance with City noise standards. ,Furthermore, the amount of noise increase over existing noise levels near the proposed Signature Pool project will not be significant. The Morgan House is located within the project area near the northeast corner of the site. As noted above, the house will remain in place but be fenced off in order to protect both the public and resort employees from a seismic induced collapse. The setback of the fencing from the house will be determined by the type of fencing. An open decorative fence will require a slightly bigger setback while a solid engineered fence will allow the fence to be closer to the building. Staff has recommended Condition of Approval #81 that requires a temporary attractive safety/security fence be installed with the design and location submitted to the Community Development and Building and Safety Directors for approval. Additionally, a historic resources monitor or structural engineer is recommended to be on site whenever demolition or construction vibration or noise are occurring within 100 feet of the building to ensure its safety (Condition of Approval #82). p\reports-pc\2007\2-13-07\sdp 2006-865.doc - The resort presently operates an on -site shuttle service throughout the resort that will continue when the project is operational. Recommended Condition of Approval #28 in part requires shuttle service be available to the water feature to assure guests that access is readily available if they need to park in the main parking lots to the east or elsewhere on the Resort site. The area proposed for the signature pool is presently used almost exclusively for resort recreation and with the proposed water feature will continue to be used for that purpose. In order to provide fire protection access to the two artificial rock structures on the west side of the project, the Fire Department is recommending as a condition of approval that a fire truck gate and access be provided on Calle Mazatlan where the tennis court is adjacent to the street. The gate will allow fire department vehicles and personnel access to the artificial rock structures from the west. This would require a 20 foot wide portion of the existing fences between the three courts be removed or hinged. The net for the fourth court (#12) adjacent to the water feature will need to be removed (or operate as a "crash net") to provide a fire vehicle turnaround, unless an alternative (i.e. removable net poles) is agreed upon by the Fire Department. Fire access through Avenida Obregon will remain to be provided with or without the entry gates. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE (ALRC): The ALRC reviewed this request at its meeting of December 6, 2006, and on a 3-0 vote recommended approval of the request with conditions recommended by staff (Attachment 6). HISTORIC PRESERVATION COMMISSION (HPC): The Historic Preservation Commission on January 18, 2007 reviewed the provisions proposed to retain the Walter Morgan House at the resort as part of their proposed water feature. The HPC requested the following additional information be submitted: o Retrofit costs to make house safe to occupy. o Future plans for house at this time. o - Plan for maintaining house if not retrofitted. o Discussion of how building could be used as part of resort. This information is required to be submitted and approved by the HPC prior to any alterations to the Morgan House other than demolition of the adjacent detached modern- era outbuilding. PUBLIC NOTICE: This application was advertised in the Desert Sun newspaper on January 29, 2007. All property owners in, and within 500 feet of, the site were mailed a copy of the public p\reports-pc\2007\2-13-07\sdp 2006-865.doc hearing notice as required by the La Quinta Municipal Code. Other persons sent notices included those who sent us letters or a -mails prior to the publishing of the hearing notice. As of this writing, a number of letters have been received and are attached for your review (Attachment 7). Generally, the correspondence has been negative citing issues such as, increased traffic and parking problems, increased noise, lost of views, lost of the Resorts original ambiance, and construction disturbance. FINDINGS: The Findings as required by Section 9.210.010 (Site Development Permits) of the Zoning Code can be made as noted below. 1. Compliance with the General Plan- The project site within the La Quinta Resort is designated by the General Plan and applicable Specific Plan 121 E, Amendment #5 as Tourist Commercial which includes recreational uses. This designation permits the resort and related recreational uses such as the proposed Signature Pool water feature. Furthermore, the project site has been used for various resort related recreational uses, including a "Signature Pool" where the sunken tennis courts presently exist. Therefore, the project is.in compliance with the . General Plan and Specific Plan. 2. Compliance with the Zoning Code- The City Zoning Map and applicable Specific Plan 121 E, Amendment #5 zone the project site within the La Quinta Resort as Tourist Commercial. This designation permits the resort and related recreational uses such as the proposed Signature Pool water feature. Applicable development standards are complied with based on the proposed plans and recommended Conditions of Approval. 3. Compliance with CEQA- The La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act of 1970, as Amended. The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 15162 of the California Environmental Quality Act Guidelines do not exist, in that there will be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQA compliance documents approved subsequently. The modifications proposed and the circumstances under which the modifications would be carried out do not require substantial changes to the previous EIR, or the Subsequent Environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously p\reports-pc\2007\2-13-07\sdp 2006-865.doc identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a subsequent EIR, supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with Section 15162(a)(3). Therefore, upon certification of Environmental assessment 2006-573 the project is in compliance with CEQA requirements. 2. Architectural Design- The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with other plans approved for construction in the tract and other surrounding development in the City. 3. Site Design- The site design of the project, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements have been established by the previous development of the project area on the resort grounds. The center tennis court area has been used for a Signature Pool in the past and with this project will be again used for that purpose. The project will be compatible with surrounding hotel development and with the quality of design prevalent in the City. 4. Landscape Design- Project landscaping includes, but not limited to the location, type, size, color, texture, and coverage of plant materials is designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and .provide a harmonious transition between adjacent land uses. It will provide an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 5. Sign Programs- A comprehensive sign program, including on -site project and resort directional signage is required upon approval of this project prior to issuance of first building permit. Resort area directional signage will include shuttle routes and stops. CONCLUSION: The Resort has grown and continuously evolved over the years. It began with 20 casitas' and one restaurant. Over the years it has been expanded and been modified to include 62 acres and over 800 rooms, along with extensive recreational activities including golf, tennis, fitness, biking, and water activities. This proposed project is an evolution of the recreational activities at the resort. p\reports-pc\2007\2-13-07\sdp 2006-865.doc RECOMMENDATION: 1. Adopt Resolution 2007- recommending certification of Environmental Assessment 2006-573 to the City Council; 2. Adopt Resolution 2007- recommending approval of Site Development Permit 2006-865 to the City Council, subject to the attached Conditions of Approval. Attachments: 1. Addendum (EA 2006-573) Note: Previously distributed to Planning Commission 2. Location Map 3. Plan exhibit booklet — large attachment 4. Signature Pool project description 5. Letter from Paul J. McCormick dated January 11, 2007 6. ALRC minutes for the meeting of December 6, 2007 7. Letters received from public — Separate attachment Transmitted by: 4� �rajv . Stan Sawa, Principal Planner p\reports-pc\2007\2-13-07\sdp 2006-865.doc PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, THE ADOPTION OF A RESOLUTION CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR NO. 41), AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS, FOR LA QUINTA COVE GOLF CLUB REVISED SPECIFIC PLAN 121-E (1975), AS AMENDED, PREPARED FOR SITE DEVELOPMENT PERMIT 2006-865 CASE: ENVIRONMENTAL ASSESSMENT 2006-573 ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS FOR LA QUINTA RESORT SIGNATURE POOL PROJECT APPLICANT: CNL DESERT RESORT, LLP WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of February, 2007, hold a duly -noticed Public Hearing to consider the request of CNL Desert Resort, LLP ("CNL") regarding an Addendum to the Environmental Impact Report for Revised Specific Plan 121-E, as revised and amended, (EIR No. 41) (the "Addendum") and Site Development Permit No. 2006-865 (the "SDP"); WHEREAS, the Addendum complies with the requirements of the California Environmental Quality Act and "The Rules to Implement the California Environmental Quality Act of 1970" (as amended, Resolution 83-68 adopted by the City Council); and WHEREAS, upon hearing and considering the EIR, the subsequent environmental compliance documents, the Addendum and all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the facts, findings, and reasons to justify certifying the Addendum set forth in the attached resolution. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations and those contained in the attached Resolution (Exhibit "A") are true and constitute the findings of the Planning Commission in this case. p\reports\2007\2-13-07\sdp 2006-865\sdp 2006-865 ea res.doc Planning Commission Resolution 2007- Environmental Assessment 2006-573 CNL Desert Resort LLP Adopted: 2. That it does hereby recommend to the City Council that the City Council adopt the attached Resolution certify the Addendum for the reasons set forth in this Resolution, the attached Resolution, and as stated in the Addendum text on file in the City Clerk's Department. 3. That the Planning Commission has reviewed the Addendum, the EIR, and the subsequent CEQA compliance documents, and had determined that the Addendum reflects the independent judgment of the City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13" day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: Paul Quill, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California EXHIBIT "A" Planning Commission Resolution 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR NO. 41), AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS, FOR LA QUINTA COVE GOLF CLUB REVISED SPECIFIC PLAN 121-E (1975), AS AMENDED, PREPARED FOR SITE DEVELOPMENT PERMIT 2006-865 CASE: ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS FOR LA QUINTA RESORT SIGNATURE POOL PROJECT APPLICANT: CNL DESERT RESORT, LLP WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of February, 2007, hold a duly -noticed Public Hearing to consider the request of CNL Desert Resort, LLP ("CNL") regarding an Addendum to the Environmental Impact Report for Revised Specific Plan 1.21-E, as revised and amended, (EIR No. 41) (the "Addendum") and Site Development Permit No. 2006-865 (the "SDP"), and did approve the applications by adopting Planning Commission Resolutions 2007— and 2007-; WHEREAS, the City Council of the City of La Quinta, California ("City"), did, on the 20th day of February, 2007, hold a duly -noticed Public Hearing to consider the request of CNL regarding the. Addendum and the SDP, which contemplates the redevelopment of approximately 7.4 acres within the La Quinta Resort's 62-acre parcel, and the construction of a "Signature Pool" complex on that redeveloped 7.4 acre parcel; WHEREAS, the Addendum complies with the requirements of the California Environmental Quality Act and "The Rules to Implement the California Environmental Quality Act of 1970" (as amended, Resolution 83-68 adopted by the City Council); and WHEREAS, upon hearing and considering the EIR, the subsequent CEQA compliance documents, the Addendum and all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts, findings, and reasons to justify certifying the Addendum: EXHIBIT "A" Planning Commission Resolution 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution No. 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 20, 2007 Page 2 of 9 - 1. The current applications for the SDP (the "Application" or "Proposed Project"), with respect to a portion of Revised Specific Plana 121-E, as amended, constitute further discretionary approvals needed to implement the Revised Specific Plan, as amended. The application reflects necessary entitlements to proceed with the redevelopment of approximately 7.4 acres, located within the La Quinta Resort's 62-acre parcel; both of which are situated within the Revised Specific Plan 121-E, as amended. Specifically, the "Signature Pool" contemplated by the Proposed Project will provide several water -related and ,pool -featured amenities, including an arrival plaza; a children's outdoor play area; a "lazy river" that proceeds in a circular loop; a formal outdoor pool with terraces; private pool -side cabanas; a game room with a first aid center; outdoor dining terraces; a splashdown pool for slides; a wave pool; a chaise lounge deck; and secure gate entry points. The Proposed Project will be limited to a specific portion of the La Quinta Resort's 62-acre parcel, which presently contains existing recreational facilities, including an outdoor swimming pool and tennis courts. Specifically, the area to be affected by the Proposed Project presently contains up to ten existing tennis courts, the existing tennis stadium (center court), an existing restroom building and an existing outdoor swimming pool. The Proposed Project will not be open to the general public and is not intended to function as a theme park or public water slide park. Additionally, the Proposed Project site is situated such that it is not visible to the general public or from any adjacent public roadways. 2. On or about May 6, 1975, the Board of Supervisors for the County of Riverside certified the adequacy and completeness of Environmental Impact Report No. 41 (the "EIR") and approved and adopted Specific Plan 121-E. In October of 1982, the City Council certified Environmental Assessment No. 15145 and a Negative Declaration in connection with its consideration and approval of the Revised Specific Plan 121-E to reflect modifications to Specific Plan 121-E, refinements of the development concepts therein and a change of zone. On or about September 20, 1988, the City Council certified Environmental Assessment No. 88-095 and a Negative Declaration in connection with its consideration and approval of Amendment No. 1 to Revised Specific Plan 121- E, which Amendment implemented Change of Zone No. 88-031, Tentative Parcel Map No. 23749 and Plot Plan No. 88-393. EXHIBIT "A" Planning Commission Resolution 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution No. 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 20, 2007 Page 3 of 9 On or about November 21, 1989, the City Council certified Environmental Assessment No. 89-141 and a Negative Declaration in connection with its consideration and approval of Amendment No. 2 to Revised Specific Plan 121- E, which Amendment implemented Plot Plan No. 89-421. On or about July 5, 1995, the'City Council certified Environmental Assessment No. 95-304 and a Mitigated Negative Declaration in connection with its consideration and approval of Amendment No. 3 to Revised Specific Plan 121- E, which Amendment implemented Plot Plan No. 95-555. On or about September 16, 1997, the City Council certified Environmental Assessment No. 97-340 and a Mitigated Negative Declaration in connection with its consideration and approval of Amendment No. 4 to Revised Specific Plan 121-E, which Amendment implemented General Plan Amendment No. 97- 054; Change .of Zone No. 97-083; Tentative Tract Map No. 28545; Site Development Permit Nos. 97-607 and 97-608; and Certificate of Appropriateness No. 97-003. On or about June 19, 2001, the City Council certified an Addendum to EIR No. 41 in connection with its consideration and approval of Amendment No. 5 to Revised Specific Plan 121-E, which Amendment implemented Tentative Tract Map No. 30125; General Plan Amendment No. 2001-078; Change of Zone No. 2001-101; and Site Development Permit No. 2001-703. The Revised Specific Plan 121-E, as amended by.Amendments 1, 2, 3, 4 and 5, is referred to herein as the "Prior Project." The Proposed Project is consistent with the Prior Project. 3. The Proposed Project does not contemplate or propose substantial changes in the Prior Project, which will or would require major revisions of the Prior Project EIR and subsequent CEQA compliance documents approved by the City, due to the involvement of new significant environmental effects or a substantial increase in the severity of significant effects previously identified in the Prior Project EIR and subsequent CEQA compliance documents referenced above. Rather, the Proposed Project concerns a change in, and construction related to, the current recreational uses within a specific area of the La Quinta Resort, EXHIBIT "A" Planning Commission Resolution 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution. No. 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 20, 2007 Page 4 of 9 4. which specific area is currently used and is approved for commercial and recreational purposes. 5. No Substantial changes will occur with respect to the circumstances under which the Prior Project will be undertaken, as modified by the Proposed Project described herein, which will or would require major revisions of the Prior Project EIR and subsequent CEQA compliance documents approved by the City, due to the involvement of new significant environmental effects or a substantial increase in the severity of the significant effects previously identified in the Prior Project EIR and subsequent CEQA compliance documents approved by the City. 6. No new information of substantial importance which was not known, and could not have been known with the exercise of reasonable diligence, at the time the Prior Project EIR and subsequent CEQA compliance documents were certified/approved as complete, has become available which shows any of the following: (A) The Prior Project will have one or more significant effects not discussed in the Prior Project EIR and subsequent CEQA compliance documents; (B) Significant effects previously examined will be substantially more severe than shown in the Prior Project EIR and subsequent CEQA compliance documents; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Prior Project and/or Proposed Project, but the City declines to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the Prior Project EIR and subsequent CEQA compliance documents would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measures or alternative. EXHIBIT "A" Planning Commission Resolution 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution No. 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 20, 2007 Page 5 of 9 7. Based upon these findings and the Addendum/Initial Study, the City .Council has determined that no Subsequent EIR or Supplemental EIR is required or appropriate under Public Resources Code section 21166, and that an Addendum is sufficient to make the Prior Project EIR and subsequent CEQA compliance documents apply to the Proposed Project. 8. The Addendum/Initial Study, which was prepared to evaluate whether the Proposed Project would cause any new or potentially more severe significant adverse effects on the environment, specifically analyzed, in addition to several other potential impacts, potential impacts related to cultural resources, traffic, air quality, noise and aesthetics. The analysis and conclusions for many of these specific potential impacts were based on, and relied upon, expert reports that are attached to the Addendum as Appendices A — E and which, together with the Addendum, provide the substantial evidence upon which the City Council's findings provided herein are based. Based upon the facts and analysis contained in the Addendum/Initial Study, the City Council finds that the Proposed Project will not have, when compared to the Prior Project EIR and subsequent CEQA compliance documents referenced above, any new or more severe adverse environmental impacts, in the defined Study Area, including, without limitation, no new or more severe significant adverse impacts related to cultural resources, traffic, air quality, noise or aesthetics. The City Council makes the following more specific findings: (A) The Addendum/Initial Study specifically analyzed the Proposed Project's potentialeffects on cultural resources, based upon the Historic Resources Evaluation prepared by Architectural Resources Group, which is attached to the Addendum as Appendix A and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix A, the City Council finds that the Proposed Project will not have any new or more severe. significant impacts on cultural resources. Moreover, and in the alternative, the City Council finds that any temporary construction fence and/or proposed safety wall surrounding the Morgan House is categorically exempt from CEQA based upon the following CEQA Guidelines: 15301 (Class 1-Existing Facility, including subsection (f) (safety device)); 15303 (Class 3-Small Structure, EXHIBIT "A" Planning Commission Resolution 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution No. 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 20, 2007 Page 6 of 8 including, subsection (e) (fences)); 15311 > (Class, 11-Accessory Structures) and 15331 (Class 31-Historical Resource Protection Measure). (B) The Addendum/Initial Study specifically analyzed: the Proposed Project's potential Jmpacts on traffic and circulation, based upon a, Traffic Impact Analysis : prepared by Endo Engineering, which is attached to the Addendum as Appendix B and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix B, the City Council finds that the Proposed Project will not have anynew or more severe significant traffic .or circulation impacts, either on public roads or the internal circulation system at the Proposed Project site. (C) The Addendum/Initial Study specifically analyzed the Proposed Project's potential, impacts on air quality, based upon an Air Quality Modeling and Analysis prepared by Impact Sciences, which is attached to the Addendum as Appendix C, and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix C; the City Council finds that the Proposed Project will not have any"new or more severe significant impacts on air quality. (D) The Addendum/Initial Study specifically analyzed the Proposed Project's potentialimpacts related to noise, based upon the Operational Acoustics Study prepared by Veneklasen & Associates, which is attached to the Addendum as Appendix D, and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix D, the City Council finds that the Proposed Project will not have any new or more severe significant impacts related to noise. 9. The Proposed Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered EXHIBIT "A" Planning Commission Resolution 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution No. 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 20, 2007 Page 7 of 9 plants or animals or eliminate important examples of the major periods of California history or prehistory. 10. The. Proposed Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no new or more severe significant adverse effects on' the environment have been identified by the Addendum/Initial Study. 11. The Proposed ;Project will not result in any new or more severe significant impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity. 12. The Proposed Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that no new or more severe significant impacts have been identified which would affect human health or public services. 13. These factual findings are based upon the previously certified EIR, all subsequently approved CEQA compliance documentation for the Prior Project, the Addendum/Initial Study and all documents referred in or attached to it -- including, without limitation the Historic Resources _Evaluation; the Traffic Impact Analysis; the Air Quality Modeling and Analysis; the Operational Acoustics Study; and the Recommendations for Protective Fence at the Morgan House -- the submissions of the applicant; the records and files of the City's Community Development Department related to the Proposed Project; and any and all other documents referred to or relied upon by the Prior Project's Revised Specific Plan, as amended. 14. The City Council has considered the Addendum to the Prior Project El and the subsequent CEQA compliance documents approved by the City, and the Addendum reflects the independent judgment of the City. 15. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code Regulations section 753.5(d). EXHIBIT "A" Planning Commission Resolution 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution No. 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 20, 2007 Page 8 of 9 16. The location and custodian of the City's records relating to the Proposed Project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Addendum. 2. That it does hereby certify the Addendum for the reasons set forth in this Resolution and as stated in the Addendum text on file in the City Clerk's Department. 3. That the City Council has reviewed the Addendum, the EIR, and the subsequent CEQA compliance documents, and had determined that the Addendum reflects the independent judgment of the City. 4. That the Community Development Director is directed to file a Notice of Determination with the County Clerk regarding this action. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California EXHIBIT "A" Planning Commission Resolution 2007-_ Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: Resolution No. 2007- Addendum to Environmental Impact Report CNL Desert Resort, LLP- Adopted: February 20, 2007 Page 9 of 9 APPROVED AS TO FORM: M. Katherine Jenson City Attorney City of La Quinta, California PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A SIGNATURE POOL FACILITY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON, APPROXIMATELY 150 FEET SOUTH OF AVENIDA FERNANDO ON THE LA QUINTA RESORT GROUNDS CASE: SITE DEVELOPMENT PERMIT 2006,-865 APPLICANT: CNL DESERT RESORTS, L.P. (DAVID URBAN) WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 13T" day of February, 2007, hold a duly noticed Public Hearing to consider a request by CNL Desert Resorts, L.P. for approval of a Site Development Permit to allow a Signature Pool facility located on the west side of Avenida Obregon, approximately 150 feet south of Avenida Fernando on the La Quinta Resort grounds, more particularly described as: ALL OR PORTIONS OF APN'S: 658-161-054, 055, 658, 061, 062 WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on the 271h day of January, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the resort site; and WHEREAS, the La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR).number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a Subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 15162 of the California Environmental Quality Act Guidelines do not exist, in that there will be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQA compliance documents approved subsequently. The modifications proposed and the circumstances under which the modifications would be carried out do not require substantial changes to the previous EIR, or the subsequent environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger PAReports - PC\2007\2-13-07\SDP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc res.doc Planning Commission Resolution 2007- Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: Page 2 the requirement of a Subsequent EIR, Supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with Section 15162(a)(3). Therefore, the Community Development Department is recommending certification of Environmental Assessment 2006-573 if the project is to be approved; and WHEREAS, the Architecture and Landscaping 'Review Committee at their meeting of December 6, 2006 reviewed the development plans and adopted a Minute Motion recommending approval of this Site Development Permit, subject to Staff recommended conditions; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify approval of said Site Development Permit: 1. Compliance with the General Plan- The project site' within the La Quinta Resort is designated by the General Plan and applicable Specific Plan 121 E, Amendment #5 as Tourist Commercial. This designation permits the resort and related recreational uses such as the proposed Signature Pool water feature. Furthermore, the project site has been used for various resort related recreational uses, including a "Signature Pool" where the sunken tennis courts presently exist. Therefore, the project is in compliance with the General Plan and Specific Plan. Compliance with the Zoning Code- The City Zoning Map and applicable Specific Plan 121 E, Amendment #5 zone the project site within the La Quinta Resort as Tourist Commercial. This designation permits the resort and related recreational uses such as the proposed Signature Pool water feature. Applicable development standards are complied with based on the proposed plans and recommended Conditions of Approval. 3. Compliance , with CEQA- The La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act of 1970, as Amended. PAReports - PC1200712-13-071SDP 2006-865 CNL ILQ ResorOMp 2006-865 pc res.doc Planning Commission Resolution 2007- Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: Page 3 The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 151,62 of the California Environmental Quality Act Guidelines do not exist, in that there will be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQA compliance documents approved subsequently. The modifications proposed and the circumstances under which the modifications would be carried out do not require substantial changes to the previous EIR, or the Subsequent Environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a subsequent EIR, supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with Section 15162(a)(3). Therefore, upon certification of Environmental assessment 2006-573 the project is in compliance with CEQA requirements. 4. Architectural besign- The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with other plans approved for construction in the tract and other surrounding development in the City. 5. Site Design- ' The site design of the project, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements have been established by the previous development of the project area on the resort grounds. The center tennis court area has been used for a Signature Pool in the past and with this project will be again used for that purpose. The project will be compatible with surrounding hotel development and with the quality of design prevalent in the City. 6. Landscape Design- Project landscaping includes, but not limited to the location, type, size, color, texture, and coverage of plant materials is designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. It will provide an overall unifying influence, enhance the visual continuity of the project, PAReports - PC\2007\2-13-07\SDP 200.6-865 CNL (LQ Resort)\sdp 2006-865 pc res.doc -_ Planning Commission Resolution 2007- Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: Page 4 complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 7. Sign Programs- A comprehensive sign program, including on -site project and resort directional signage is required upon approval of this project prior to issuance of first building permit. Resort area directional signage will include shuttle routes and stops. 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 said Planning Commission in this case; 2. That Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) number 41 and to a series of subsequently approved environmental review documents) for this Site. Development Permit has been prepared and is in compliance with the requirements,of the California Environmental Quality Act (CEQA) of 1970, as amended, and is recommended for certification. 3. That it does hereby approve Site Development Permit 2006-865, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13" day of February, 2007, by the following vote, to Wit: AYES: NOES: ABSENT: ABSTAIN: PAReports - PC\2007\2-13-07\8DP 2006-865 CNL ILO Resort)\sdp 2006-865 pc res.doc Planning Commission Resolution 2007- Site Development Permit 2006-865 CNL Desert Resorts, L.P: Adopted: Page 5 PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PAReports - PC\2007\2-13-07\SDP 2006-865 CNL ILQ Resort)\sdp 2006-865 pc res.doc Planning Commission Resolution 2007- Conditions of Approval Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit and related approvals, including but not limited to any CEQA compliance document recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: a Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) a Community Development Department a Riverside Co. Environmental Health Department a Desert Sands Unified School District a Coachella Valley Water District (CVWD) — Stormwater Division, NPDES Permit Division a Imperial Irrigation District (IID) a California.Water Quality Control Board (CWQCB) a SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. P:\Reports - PC\2007\2-13-07\SDP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc _ Printed February 9, 2007 Page 1 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. ' Adopted: 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control, Board's Order No. 99-08- DWQ. Additionally, the applicant shall be responsible for all requirements from the Coachella Valley Watei District for the discharge of stormwater, nuisance water and other discharges to include pool maintenance drainage .water into the Oleander Reservoir/La Quinta Evacuation Channel from the Site Development Permit site. Per the current Whitewater River Basin NPDES Permit, no discharge of chlorinated water is allowed. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 0 ) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP;is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8-70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control 3) Wind Erosion Control 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be \Reports - PC\2007\2-13-07\SDP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 2 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 5. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 6. This Site Development permit shall expire 24 months after its effective date if not used or implemented unless a legal action is filed challenging the SDP approval. In such event, the running of the 24-month period shall be tolled during the pendency of litigation challenging the SDP and any related CEQA compliance documents. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 8. The applicant shall retain for private use all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Avenida Obregon — No additional private street easement is required on ieports - PC\200712-13-07\SDP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 3 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: the existing Private Street measured at 21 feet gutter flow line to gutter flow line except at the proposed entry gate on Avenida Obregon south of Avenida Fernando to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. B. DROP-OFF AREA 1) The drop-off area shall not be reduced . from its existing size. Additionally, the drop-off area design shall incorporate ADA accessible guidelines as approved by the Building & Safety and Public Works Department. 10. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Site Development Permit are necessary, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas if required by the City Engineer or utility purveyor. 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. When an applicant proposes the vacation, or abandonment, of any existing right-of- way, or access easement, the Applicant shall provide an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 14. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Site Development Permit, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 15. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. A. PRIVATE, STREET 1) Avenida Obregon \Reports - PC\2007\2-13-07\SDP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 4 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: a) No additional private street easement.is required except for the entry gate area at the intersection of Avenida Fernando and Avenida Obregon unless additional street widening is required by the City Engineer or Fire Marshal during plan checking and as per these conditions of approval. b) The drop-off area shall not be reduced from its existing size. Additionally, the drop-off area design shall incorporate ADA accessible guidelines as approved by the Building & Safety and Public Works Departments. c1 The applicant/developer shall construct the new entry improvements, including curb gutter, raised median, guardhouse sidewalk, future gate improvements, etc. and may be required to install a vehicle gate for the median entry on Avenida Obregon south of Avenida Fernando as determined by the Community Development Director. " Design and specifications for the vehicle gates shall be submitted and approved with construction plans for the Avenida Obregon entry area. If required by the Community Development Director, the vehicle gates shall be installed within 4 months of the request, with the entry immediately manned by the Resort until the gates are installed. The gate will restrict vehicular access to the Signature Pool. The gated entry shall provide for a full turn -around outlet for non - accepted vehicles. The gate shall be installed but does not need to be operational unless determined by the Community Development Director and the City Engineer. The applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can. safely make a full turn- around (minimum radius to be 24 feet) out onto the :Avenida Fernando from the gated entry. Pursuant to said condition, there shall be a minimum of twenty feet width provided at the turn- around opening. When gate is operational, access through the entry gate shall be solely for use of Resort Homes, property owners, all single family Reports - PC\200712-13-07\SD1' 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 5 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: owners who have access to Avenida Obregon and guests of those property owners, and hotel guests and club members having authorized entry cards. The entry lane shall be a minimum of 20 feet of total paved roadway surface or as approved by the Riverside County Fire Department. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 16. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 17. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in.the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 18. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 19. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 20. The applicant shall clearly identify on plan and construct or reconstruct as required, an accessible route of travel, as defined in Section 1 102B,and as required in Section 1114B.1.2 of :the 2001 California Building Code, from the proposed Site Development Permit site to existing accessible building entrances on the site, public transportation .stops, accessible parking and passenger loading zones, and public streets or sidewalks, as approved by the City Engineer. \Reports - PC\200712-13-07\SDP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 6 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: 21. An appropriately sized designated passenger loading zone/shuttle stop/turn around area shall be provided along Avenida Obregon, at the water feature entry, where children destined to/from the water feature can be safely dropped off and picked up by their families (same as required in 9(B) and 15(A)(1)(b)]• This zone can also serve as a shuttle drop and loading point. During periods of peak use, the private passenger loading zone shall be at the gated entry on Avenida Obregon at Avenida Fernando. 22. Decorative street paving shall be provided at the drop off entry area to the signature pool area that is compatible with the color and style of nearby landscaping, paving and architecture. PARKING 23. If required by the Community Development Director, the applicant shall complete up to 3 parking studies after the Certificate of Occupancy has been issued. 24. Prior to issuance of first building permit, the applicant shall enter into a Parking Study Agreement with the City of La Quinta. If parking studies are required by the City after the Certificate of Occupancy has been issued, the applicant shall fund all expenses for up to 3 parking studies/evaluations that assess parking impacts associated with this Site Development Permit. The Parking Study/Studies is/are required to evaluate parking requirements from on -site and off -site traffic and must recommend parking management adjustments, if needed. The Parking Study/Studies shall be performed by a qualified Traffic Engineering or Parking Consultant, reviewed by the Community Development and Public Works Directors and approved by the Community Development Director. The applicant is required to pay for all expenses to conduct this/these study/studies for up to 3 years starting within one year from the facility's opening date. The seasonal timing of subsequent parking studies will be as determined by the Community Development Director. In addition to said requirement, the applicant shall be responsible for the design and construction of any measures and/or additional parking requirements resulting from the studies or as determined by the Community Development Director with improvements to commence construction within one (1) year of notification by the Community Development Director. 25. The applicant is required (prior to issuance of the grading permit) to deposit with the City of La Quinta cash in the amount of $35,OOO to be placed in a draw down account for parking studies After up to 3 studies are completed or within 3 years from the facility opening date, the balance of the unexpended funds shall be refunded to the applicant. (Reports - PC\200Z2-13-07\SDP 2066-865 CNL MQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 7 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. . Adopted: 26. No construction' parking shall be allowed in marked resort parking spaces or on streets open to the public and hotel quests. Location and provisions for construction parking, standby and overflow/back-up in designated construction areas shall be approved by the Community Development and Public Works Directors. No construction parking/waiting shall be allowed on Avenida Fernando, Calle Mazatlan and on Avenida Obregon within 100' of any privately owned residential use. However, temporary construction parking shall be -allowed on the SDP site provided that when the site is closed for construction no vehicle/equipment over 8' tall shall be parked within 20' of an adjacent residential yard unless construction use requires it not be moved until its use is completed. These provisions shall be monitored and enforced by the Resort and the City of La Quinta. 27. To control Resort use parking along Avenida Obregon after opening of the water feature, a parking management program shall be developed which requires parking permits and canbe enforced through the ticketing of violators and the towing of vehicles parked without a permit. The program shall include issuance of permits to resort guests, spa clients and club members at the front desk of the Resort. During the off-season summer months (May through September), some of the off-street parking permits on -site may be made available to a limited number of club members with water feature access privileges. Shuttle transportation shall be made available to the water feature and spa from the main resort parking lot, and resort guests and club members shall be informed of its availability. No less than 60 days prior to issuance of an occupancy permit or inspection for the water feature, the comprehensive parking management program shall be submitted to the Community Development Director for review and approval. 28. If water feature parking demand exceeds available on -site parking supply on peak days in the future, cars shall not be allowed to park in adjacent neighborhoods. Additional off-street parking shall be provided at a remote location which is accessible by Resort operated shuttles and golf carts. Said remote parking provisions shall be approved by the Community Development and Public Works Directors. 29. No modificationto existing off -site employee parking areas shall be implemented without approval of the Community Development Director. IMPROVEMENT PLANS 30. As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 31. Improvement plans shall be prepared by or under the direct supervision of qualified Reports - PC\2007\2-13-07\SDP 2006-865 CNL (LO. Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 8 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans for the Site Development Permit area and project related off -site improvements not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading/Demolition Plan 1 " = 40' Horizontal B. PM10 Plan I .1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. On -Site Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through E to be submitted concurrently. F. Site Development Plan/Precise Grading Plan (to include design of Avenida Obregon entry gates) 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. ieports - PCM20071213-07\SDP 2006-865 CNL ILQ Resortllsdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 9 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and note the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Standard Drawings hyperlink.. 34. The applicant shall furnish a complete set of all approved improvement plans on mylars to the City Engineer. 35. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. GRADING 36. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 37. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 36. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, (Reports - PC1200712-13-07MP 2006-865 CNL ILQ Resorthsdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 10 of,20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts,L.P. Adopted: C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010, and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 39. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 40. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the site development permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 41. New building pad elevations are required to have one foot freeboard from the 100- year storm Hydraulic Grade Line (HGQ as determined by the revised Hydrology Report. 42. The applicant shall minimize the differences in elevation between the adjoining properties and the finish grade within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 43. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 44. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. 3eports - PC\2007\2-13-071SDP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 11 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 45. The design for the discharge of chlorinated pool water shall be in accordance with all applicable laws and standards and as approved by the City Engineer. 46. Stormwater handling shall conform with the approved hydrology and drainage report for the La Quinta Resort and Country Club and as modified for this Site Development Permit. Nuisance water shall be disposed of .in an approved manner. 47. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 48. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 50. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Water District Stormwater Channel and if such discharge is permitted by the.Coachella Valley Water District, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES .Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The, indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within the SDP area excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The 100-year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. The remaining Conditions of Approval (Numbers 51 through 55) under "Drainage" apply if it Reports - PC\2007\2.13-07=P 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 12 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: is determined that the discharge of stormwater, nuisance water, and/or chlorinated pool water or other discharges are not permitted by the Coachella Valley Water District and/or the City of La Quinta. 51. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. Pool areas may flood during the 100-year storm event as a result of existing hydrology limitations. Building Finish Floor elevations and pump systems shall comply with FEMA standards. 52. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin.. 53. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 54. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 55. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 56. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 57. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 58. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply, with trench Reports - PC\2007\2-13-07=P 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 13 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 59. The City will conduct final inspections of habitable buildings, if any, only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. 60. A temporary construction fence shall be provided along all exterior perimeters of the Signature Pool site. Height, color, exact location, and materials of fence shall be reviewed and approved by the Community Development Director. All fences shall be constructed prior to demolition work beginning. 61. All Construction activities shall be limited to the hours and days prescribed in the City of La Quinta Municipal Code. 62. Divided light windows on new buildings shall have wood frames and exterior colors, materials, and plaster texture for new building construction shall to match those of existing on nearby buildings. LANDSCAPE AND IRRIGATION 63. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and open areas. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and open areas, if any, shall be signed and stamped by a licensed. landscape architect. NOTE: Plans are not approved for construction until signed by the Community Development Director. 66. The applicant or its agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. Reports - PC\2007\2-13-07WP 2006-865 CNL ILQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 14 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: 67. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the ALRC and approved by the Community Development, Director prior to issuance of the first,building permit. An application for Final Landscape Plan Check shall be submitted to the Community Development Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department. QUALITY ASSURANCE 68. The applicant shall employ construction quality -assurance measures that meet with the. approval of the City Engineer. 69. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare, and sign accurate record drawings, and to provide adequate construction supervision. 70. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 71. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be' clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 72. The applicant shall comply with the provisions of Section' 13.24.160 (Maintenance), LQMC. 73. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and. sidewalks. Rannrts - PC\200712-13-07MP 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 15 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: apart in any direction as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 165 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 88. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 89. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 90. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 91. Access lanes will not have an up, or downgrade of more than 12%. Access will not be less than 20 feet in width and have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 92. Driveway loops, fire apparatus access lanes and entrance curb radius should .be designed to adequately allow access of emergency fire .vehicles. The applicant or developer shall prepare and submit to the Fire Department for approval; a site plan designating required fire lanes with appropriate lane printing and/or signs. 93. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards maybe obtain at the Fire Department. 94. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and Reports - PC\2007\2-13-07\SD13 2006-865 CNL (LQ Resort)\sdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 18 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: adequately illuminated to be visible from street at all hours. 95. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front,; within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 96. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve monitoring, water - flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2001 CBC, Sec. 904.3.1. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 97. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 98. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No . class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 99. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 100. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 101. Access shall be provided to all mechanical equipment located on the roof as required Reports - PM2007\2-13-07\SDP 2006-865 CNL (LQ Resort)Mp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 19 of 20 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, L.P. Adopted: be the Mechanical Code. 102. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CMC 609.0 103. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department•for approval of mounting location/position and operating standards. Special forms are available from this office for ordering the Key Switch. Current plan check deposit based fee is $126.00. Contact the Fire Department for a guideline handout. 104. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. 105. Fire Department access to the artificial "rock formations" is required from the west side of the SDP site. This access is to be provided through four of the remaining tennis courts per the attached exhibit "A". If an alternative access is found to be acceptable, it shall be reviewed by the Community Development Director and approved by the Fire Marshal. MISCELLANEOUS 106. If off -site improvements and/or modifications are required or necessary to implement this project, approval by the affected off -site property owners shall be provided to the Community Development and Public Works Directors prior to City approval of the improvement plan(s) upon which the off -site improvement or modification is (are) shown on. leporta - PC12007\2-13-071SDP 2006-865 CNL (LQ Resort)lsdp 2006-865 pc coa 2.doc Printed February 9, 2007 Page 20 of 20 Lu 0 ATTACHMENT #1 Addendum (EA 2006-573) Note: Previously distributed to Planning Commission ATTACHMENT #3 Plan exhibit booklet SEE LARGE SEPARATE ATTACHMENT ATTACHMENT 4 La Quinta Resort & Club Signature Pool Project Description Introduction To effectively compete as a destination resort hotel in the region, the La Quinta Resort must continue to revitalize and enhance the ancillary facilities that serve its resort guests. It must also pursue new (and increasingly expected) recreational amenities that will appeal to a wider demographic group in the leisure market and thus increase guest room bookings on an annualized basis. The intent of the proposed project is to accomplish that objective by continuing to capitalize on the existing facilities at the Resort that have made it successful and by introducing new facilities that appeal to the growing family -oriented leisure and group market. La Quinta Resort - A Brief History Celebrating its' 80'" anniversary this year, La Quinta Resort & Club, part of "The Waldorf—Astoria Collection," is a legendary resort destination that has reigned over the picturesque La Quinta area of the Coachella Valley with grace and charm since 1926. Nestled on 45-acres, this historic Hollywood hideaway is located in a spectacular setting among orange and lemon groves at the base of the majestic Santa Rosa Mountains. Guests enjoy 90 holes of championship golf on five legendary courses at the resort and at PGA WEST®; 23 tennis courts; the 23,000-square-foot Spa La Quinta®, 41 pools and 53 hot spas; exceptional cuisine at AZUR, TWENTY 6 and Adobe Grill and The Plaza — two stories of shops and restaurants surrounded by flowers, waterfalls and winding paths. The hotel employs approximately 1500 people from La Quinta and other Coachella Valley cities. , Key events in the Resort's history include: 1926 Opened on December 26 with 20 casitas, lobby area and one restaurant. 1927 Added nine -hole golf course designed by golfer Norman Beth, the first course built in the Coachella Valley 1937 Added the first swimming pool to the Resort. 1940s Introduced the Tennis Club offering 30 courts with a choice of hard, grass and clay surfaces. Added an additional 56 guestrooms and additional swimming pools to the Resort.. 1950s Added a private airstrip. 1957 Golf brought back to La Quinta via La Quinta Country Club. 1980 Created La Quinta Hotel Country Club offering two 18-hole golf courses. 1984 Between 1980 and 1984, added an additional 193 casitas and suites (269 casitas total) with swimming pools, the original Signature Pool, the Frank Capra Ballroom, and two suites (The Arzner Villa and The Eisenhower Villa). Additionally, PGA West was established. 1987 La Quints Hotel Golf opened its third 18-hole course, making a total of 54 holes of championship golf. 1988 La Quinta Resort and Club added 371 casitas and swimming pools (for a total of 640 casitas) along with the 17,000 square foot Salon de Fiesta Ballroom, the retail area (The Plaza) and two restaurants (Morgan's and Adobe Grill). This gave the resort the ability to market to larger groups and introduced the retail venue prevalent at many up- scale resorts. 1994 Added the Flores Ballroom to the Resort, expanding its ability to attract group business. 1998 Created the 23,000 square foot Spa La Quinta. Along with the Spa, added the Spa Villas bringing guestroom total to above 800 guestrooms. 2007 Proposed Signature Pool expansion. Although La Quinta Resort & Club started out as an exclusive hideaway, it has become much more. Over the span of 80 years, the resort has added the services and amenities in order to elevate its presence in the market place and continue to serve its members and guests with great care and distinction. In the early eighties, golf was established as a more significant resort amenity.. The late eighties brought the addition of restaurants, retail and market competitive meeting space. The early nineties expanded the meeting space significantly. In the late nineties, the Spa was added following trend of upscale resorts to offer this service. La Quinta Resort & Club Signature Pool Project Page 2 of 5 Current Market Conditions La Quinta Resort & Club's local competitive set of resorts and its regional competition from Los Angeles, San Diego, Phoenix and Scottsdale have gone through extensive renovations by adding new guestrooms, ballrooms, golf courses, restaurants and most recently dynamic and feature -rich pools. These new features including wading pools, sandy pool beaches, shallow toddler pools, lazy rivers and enclosed body slides, cater to both families and group guests with families. These contemporary pool products are revitalizing the resort hotel market by giving the guests a new way to connect with family, friends and colleagues. The addition of this type of amenity has a positive impact on the financial success of the resorts by attracting more guests for longer stays at a higher average room rate. Most importantly, this type of amenity extends demand into the traditionally poor occupancy periods of late spring, summer and early fall. Many of La Quinta Resort & Club's competitors have this type of amenity already. In addition, others are undergoing extensive renovations of their properties and several new competitors will enter the market in the near future: Existing Regional Competition • Point of South Mountain Resort — Three water slides, lazy river, wave pool with sandy bottom and children's area with water jets that keep kids busy on the water spray deck. • The Phoenician (Scottsdale) — Nine swimming pools, including children's pools with cabanas. Additional water features include the 165-foot water slide, sunset and desert spas, Necklace Lake, lagoons, waterfalls and fountains. • The Fairmont Scottsdale Princess — Sonoran Splash - A water recreation area with two , water slides (186 ft. and 199 ft. long). The pool also has an entry deck area, ideal for toddlers to splash and enjoy the water. Arizona Biltmore Resort & Spa — A 92-foot waterslide and swim -up bar. • River Ranch at Pointe Hilton Squaw Peak Resort - A lazy river, spacious sports pools spare room for water volleyball games. • Westin Kierland Resort and Spa - A 110-foot water slide, 900-foot lazy river, a sandy beach, along with the volleyball court. • Hyatt Regency Scottsdale Resort & Spa at Gainey Ranch — Unique, 2.5-acre "water playground" consisting of ten swimming pools, three-story water slide, sand beach, whirlpool spa, cold plunges and two poolside bars. Existing Local Competition • Westin Mission Hills Resort — Free -form pool has a 60-foot waterslide and two spas. • Hyatt Grand Champion Resort— Two large serpentine pools, a 60ft. spiral water slide, toddler size wading pool and huge splash fountain. • Rancho Las Palmas Resort & Spa - Children's pool and water slide, plus a whirlpool and spa pool. New Competition • The Lodge at Rancho Mirage - New management company — The Ritz -Carlton Hotel Company, L.L.C. • Rancho Las Palmas - New owners/management company — KSL Resort, Inc. • Silverrock Resort • Hard Rock Resort • Fairmont Resort • Remington Las Montanas Resort Hotel & Spa With the inevitability of increasing competition, it is imperative that La Quinta Resort & Club add this expected amenity to retain our prominent position in the desert. La Quinta Resort & Club Signature Pool Project Page 3 of 5 Project Description. Proposed Facilities A new signature pool facility is proposed for La Quints Resort & Club. This facility will replace a portion of the existing tennis courts and the main hotel swimming pool, located on the western portion of the property. The proposed improvements would include: an arrival plaza at an entry building, a new formal swimming pool and heated spa (pool) with ten adjacent cabanas, two or three water slides that will be contained within the landscaped mountain feature, a wave pool with a video projection screen, a splash -down pool, a lazy river (which passes through a canyon), and a toddler pool with a nearby pop jet fountain and play structure for youngsters. A small enclosed game (arcade) room would be provided as well as a lounge terrace, a loggia, storage area, wood decks, paths, extensive landscaping and decorative plantings. The entire area would be enclosed within a gated pool enclosure fence that would allow emergency vehicle access. The project would replace ten of the existing tennis courts (including the existing tennis exhibit court), a restroom building, the current main resort swimming pool and the existing kid's platy area. The existing bar/restaurant, tennis/fitness clubhouse, and the Morgan House would remain on -site. The proposed modifications would not alter any of the hotel rooms or change the existing off-street parking supply. Although the number of parking spaces is expected to remain essentially unchanged, some parking spaces may need to be relocated, to accommodate the gated entry improvements required along Avenida Obregon. Proposed Days and Hours of Operation The proposed La Quinta Resort and Club water feature amenity would be open daily from 10:00 AM to 6:00 PM from approximately Memorial Day through Labor Day. In addition, the water feature would be open from Christmas through New Year's Day, on Presidents' Day, through the Spring Break period, and one week each November which includes Thanksgiving Day. Currently, it is also planned to be open on each weekend through the entire year. Other Activities: In 2005 the Signature Pool, Restaurant and Stadium Court areas had 160 events (receptions, dinners and meetings), generated 15,500 covers and over $1M in Food and Beverage Revenue. This project's deck areas will also be used for those functions. It is not anticipated that these private events will increase dramatically. Most of this business is related to the group customer. This project will primarily attract a high -end transient guest traveling with family, friends and extended families. Public Address or Music: A public address / music system will be used. However, this system will utilize in ground speakers (as opposed to the elevated pole mounted speakers currently utilized) enabling the amplified sound impact to be reduced from what exists currently. Proposed Staffing A total of 48 people (FTE) will be employed supporting the expanded pool facility. The staff load is currently estimated to require 19 lifeguards, 8 pool attendants, 15 servers/bartenders. 1 manager, 2 assistant managers and 3 dedicated engineering/maintenance workers. Private versus Public Recreation Facilities The proposed water feature is designed to be a private ancillary recreational amenity for use by guests of the La Quinta Resort. The proposed water feature will not be open to the general public. Use of the water feature would be limited to hotel guests staying at the La Quinta Resort & Club and the individuals belonging to La Quinta Club Membership Program. Unlike the existing tennis and exercise facilities, member's guests will not be permitted to use the pool facilities. This facility will not be available for use by guests of any other hotel. La Quinta Resort & Club Signature Pool Project Page 4 of 5 Market Focus The La Quinta Resort & Club appeals primarily to business travelers, conference attendees, and mature leisure travelers who appreciate the adult focused amenities of the resort. This project would promote a more balanced customer mix of business travelers and leisure guests, groups, families, and individuals. Families tend to book vacations during the months when schools are not in session (the off season at the La Quinta Resort), whereas individual business travelers typically book rooms on weekdays. In the peak season (January through April) the hotel occupancy is relatively high, with a monthly average of approximately 75 percent, and the resort often achieves full occupancy on the weekends. However, the average monthly occupancy rate in the off season is substantially lower (48 percent) indicating a need to appeal to a wider demographic in the leisure market. The provision of this new water feature on -site will improve the hotel occupancy, particularly in the summer months. The proposed change in the ancillary recreational amenities would allow the La Quinta Resort to make more consistent year-round use of its existing entitlements. La Quinta Resort and Club Memberships Club memberships permit non -hotel guests to access the resort fitness facilities and participate in an array of programs and activities including: golf practice facilifies, use of three clubhouses, tennis privileges, and concierge services. Club members are also entitled to preferred pricing on all resort golf courses, at all resort restaurants, on rooms for guests and family, and at the Spa La Quinta. Although the tennis and fitness facilities are primarily utilized by hotel guests, they are also available to non -hotel guest users through the Club Membership Program. The proposed water features will be predominantly used by hotel guests, but will also be made available to non -hotel guests through the Club Membership Program. La Quinta Resort & Club Signature Pool Project Page 5 of 5 ATTACHMENT #5 RESORT 6 CLUB January 11, 2007 City of La Quinta Planning Board Dear Mr. Evans: It has come to our attention that some members of the planning Board are of the opinion that the addition of the Signature Pool at La Quinta will create more membership demand at that resort We have reached a different conclusion based on membership demographics and general use patterns over the past several years. . Typically, the Citrus members use the resort for tennis and fitness. With the reduction Of the number of courts from 23 to 13, it is very likely that there will be fewer members coming to the resort to play tennis. The fitness facilities will not be'expanded, so we anticipate that there will be no additional membership demand to use these facilities. As a general rule, Citrus members make very minimal use of the existing pool. The Primary users of the pool are hotel guests. Additionally, Citrus club usage of the new Signature Poo) is limited to members only. Membership is defined as a Member, his or her spouse and their unmarried children, under the age of 23 who are living at home. attending school on a full-time basis or in the military. Our current records indicate that 70% of Citrus members are over the age of 50 (with 30% over the age of 61). Less than 20% of all members have children under the age of 23 with the majority these being Young adults. Therefore, with the activities of the Signature pool targeted towards younger children, we believe that the children of the Club members will have a nominal affect on the usage of the Pool For these reasons and those articulated in previous meetings, we continue to believe that the Signature Pool will drive resort occupancy, but not create any further member usage of the resort. Should you have questions or need additional information, please let us know. P' le President and General Manager Quinta Resort and Club 4949-; 65CM IOIXer Drive, La Wnra, Glllurnia 92253 wmw.laquinrurewmnnn 7}/760.X.1.=i111 r,,x760.560718 ATTACHMENT 6 Architecture and Landscaping Review Committee December 6, 2006 3. Co mittee Member Christopher stated they did need to weigh the ttributes of the community within and surrounding in order to r Ive the issue. He suggested the trees be moved even to 150 f 't apart and tiered down the slope. 4. Commit! a Member Bobbitt stated the berms are excessive to begin wit but to add trees on top is an over kill. Staff noted that due the excessive berms, staff would be closely reviewing s ecific plans in the future for the perimeter treatments. s. Zamorez stated they would like to request that the placement f the trees be coordinated with the development of the golf co se. Committee Members agreed that it be spaced sporadica y and not just 150 feet apart. 5. There being no further questions, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2006-034 recommending approval of Specific Plan 99- 035, Amendment No. \� as recommended. Unanimously ,approved. B. Site Development Permit 2006-86 • a request of CNL Desert Resorts, LP for consideration of architecture and landscaping plans for a Signature Pool Facility located on the west side of Avenida Obregon, south of Avenida Obregon, in the La Quinta Resort. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced David Urban of CNL Desert Resorts, and Anne` Guillebeaux, EDSA, lead designer, stated they were available to answer any questions. 2. Committee Member Christopher asked what units are privately - owned units. Staff noted the tennis villas and explained where the property locations were on the site. Committee Member Christopher noted there will be an enormous amount of equipment that will create a lot of noise that will need to be mitigated as well as the movie equipment. Discussion followed regarding complaints that had been received about the project. 3. Committee Member Bobbitt stated the noise element will be significant. Mr. Urban explained how the mechanical equipment would function and that a noise study was being required. The movie screen is not a permanent fixture, but an amenity to be used on occasion. Many of the tennis villas, adjacent to the n�Hronnrc�e�wr�i �.a.r�nn� 2 Architecture and Landscaping Review Committee December 6, 2006 wave pool, are in the rental pool of the hotel. Planning Manager Les Johnson clarified that the environmental review would be completed before the project was taken to the Planning Commission or City Council. 4. Committee Member Smith asked if there would be a wall separating the tennis villas from the pool area. Ms. Guillebeaux stated there currently is a three foot wall but, they would be required to fence the entire area. It will have a six foot tall fence and access will only be through the main entrance. Committee Member Smith stated that in, regard to the plant material, he has no concerns. There are some plants that he was unfamiliar with, but since this is private property, the applicant will replace what does not work. He would recommend the removal of the Parkinsonia trees as they are thorny and can be a nuisance. Discussion followed regarding the species that were messy, and will be high maintenance. 5. Committee Member Christopher asked about the date palms. Ms. Guillebeaux explained they would not be transplanting any of the trees, but would be adding new younger trees to the site. 6. Committee Member Bobbitt asked that any palm trees used in high traffic areabe healthy young trees and special care will need to be taken when any trees are transplanted. 7. There being no further questions, it was moved and seconded by Committee Members Smith/Bobbitt to adopt Minute Motion 2006-035 recommending approval of Site. Development Permit 2006-865, as recommended with the removal of the Parkinsonia trees and consider less deciduous trees. Unanimously approved. C. Site kevelopment Permit 2006-874; a request of Komar Investments LLC fo onsideration of architectural and landscaping plans for seven commerce I buildings located on the south side of Highway 111 . at Depot Drive,, 1. Principal Planner Fred Baker presented the information contained in"the sta report, a copy of which is on file in the- Community Developmen Department. Staff introduced Keith Pittsfird, SPGA Arc ture and Planning, Peter Brandow, Peter Brandow and Associat Landscape Architects, Clint Knox, Project Manager, Vache Hanessian and Jim Brockman with Komar, who gave a presentation on the project. - Art, ?-A" nnr 3 ATTACHMENT #7 Letters received from public See separate set of letters MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 23, 2007 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was reconvened at 7:00 p.m. by Chairman Quill who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle, and Chairman Paul Quill. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Planning Manager Les Johnson, Principal Engineer Ed Wimmer, Principal Planner Wallace Nesbit, Assistant Planner Yvonne Franco, and Executive Secretary Betty Sawyer. Il. PUBLIC COMMENT: A. Mr. Robert Ancker, 51-300 Calle Hueneme, asked the Commission to address the setback issue in the Cove area. This item had been brought before the Commission and staff was directed to start the process some time ago. He is unable to complete the work on his house and pull permits until this issue is decided. .Staff stated the time frame should be April before this amendment could be approved. Chairman Quill asked if he would be able to submit his house plans for plan check till this process took place. Staff stated they would work with the Building and Safety Department to see what could be done. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of January 9, 2007. There being no changes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Environmental Assessment 2006-579 Specific Plan 2006-081, Tentative Tract Map 23060 and Site Development Permit 2006-873; G:\WPDOCS\PC Minutes\2007\1-23-07.doc Planning Commission Minutes January 23, 2007 a request of Laing Luxury Homes for consideration of development standards and guidelines for the development of 74 single-family homes, the subdivision of 28.33 acres into 74 residential lots as well as lots for private streets, retention basins, open space and recreation, and a site development permit to allow the construction of 74 single- family residential homes, for the property located on the northwest corner of Washington Street and Avenue 48 (extended). 1. Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle asked if Washington Street would be widened with this project. Staff stated there is no proposal to widen with the exception of a deceleration lane. 3. Commissioner Daniels asked if the Commission had ever reviewed a projectwhere multiple suites were proposed on a single residential lot. Staff stated yes, such as The Tradition. Staff went on to explain some examples. Commissioner Daniels asked if staff was recommending any amenities be added by the applicant. Staff stated they had identified some items for their consideration in the staff report. Something that would be in harmony with their development that is more than an open area at one end of the project. Community Development Director .Doug Evans stated earlier discussions had taken place for active recreation. Commissioner Daniels stated concern had been raised that there be no blasting of the mountain. Staff stated there will be no activity on the adjacent property and there would be no blasting of the mountain. 4. Commissioner Barrows asked what will happen on the sand dune. Staff stated most of the sand dune is on the open space. There is a small area where the three tier wall will be constructed. In order for them to grade and utilize the property it does require the three tier wall which will require some earth work at the base of the dune. Commissioner Barrows asked if there were any conditions relative to keeping the sand from moving from the adjacent property. 5. Commissioner Alderson asked if the Big Horn Sheep Habitat was protected within the Specific Plan. Staff stated it was. 2 Planning Commission Minutes January 23, 2007 Commissioner Alderson asked if staff recommendation was based on there being a resolution with the Church to the north. Staff stated if the access agreement with the Church is not resolved it will require a redesign of the project and would allow only one access, which would be a right-in/right- and would require a secondary emergency access. Commissioner.. Alderson,., ; , noted the cost of the signal will vary depending on whether or not this access is resolved; will there be a signal at the main entry with a four-way signal and none at the north end? Staff stated just the opposite. The signal will be a shared access with the Church to the north. Commissioner Alderson asked about the condition regarding the 15-foot front yard .setback for the Hacienda unit garages and questioned if it should read 20 feet. Staff stated Site Development Permit Condition No. 20 would be amended to say "perpendicular". 6. Chairman Quill asked if there was a five foot setback on both the front, rear, and side yards. Staff stated that was correct. Chairman Quill stated his concern about the slopes on the Church property that could not be graded which will cause some problems with the tract drainage. Principal Engineer Ed Wimmer stated the applicant has told staff there is a cooperative agreement with the Church to allow them to submit "At Risk" plan checks. Staff has reviewed the plans based on this information. Community Development Director Doug Evans stated that because of the amount of encroachment onto the Church property, if this plan does not work, it will require a new Map. Chairman Quill asked the distance between this signal and the one at Avenue 48, and the one to the north. Staff stated the signal at Lake La Quinta Drive is in the City's ,program. He does not know the exact ;distance between the signals. Laing is required to pay 25% of the cost of this signal. If the access with the Church is not successful, Laing would still pay 25% of the cost of the signal. Chairman Quill asked about the retention basins. Staff stated they are required to dissipate all water within 72 hours. Chairman Quill asked if all the signals between Eisenhower Drive and Highway 111 will be coordinated. Staff stated the Public Works Department is working on a Master Plan for the entire City. Chairman Quill asked the difference between this project and the Foxx project. Staff noted the pad elevations is the greatest change. Drainage issues were discussed further. 3 Planning Commission Minutes January 23, 2007 7. Commissioner Barrows asked if the sidewalk as designed would allow bicycle travel. Planning. Manager Les Johnson stated the sidewalk will be expanded to 12 feet to accommodate a golf cart. This is different than the sidewalk in front of Laguna de la Paz which is eight feet. 8. Commissioner Alderson asked if the determination had been made whether or not there will be a bus stop at this location. Staff stated it is at the discretion of Sunline Transit. 9. There being no further questions of staff,Chairman Quill asked if the applicant would like to address the Commission. Mr. A. J. Jarvis, representing the applicant, gave a presentation on the project. He did state that all issues had not been resolved with the Saint Francis of Assisi Church. They would like to discuss Condition 52. The site is as low as it can be. This map is lower than the previously approved map. It should have a minimal impact on the adjacent Laguna de la Paz tract. They are requesting relief from this condition. The second Condition is the elevation of the slope and fence along Washington Street. They request to have the 12 foot height.; They are setback feet and if the wall and berm height are reduced the homes will be able to see traffic along Washington Street. Lastly, there is an open fence facing Laguna de la Paz and they would like to request a four foot fence on top of a four foot berm to protect the view for Laguna de la Paz. 10. Commissioner Alderson asked if they were intending to install an additional fence adjacent to the existing fence with Laguna de la Paz. Mr. Jarvis stated they intend to remove the existing wall and build the new one. Their property is lower; this site is three to nine feet above the adjacent property. 11, Chairman Quill asked how the drainage was to be handled along this wall. Mr. Jarvis stated they believe there is very little drainage and if any part of the slope fails, they will replace it. 12. Commissioner Alderson asked staff's opinion of the perimeter fence and berm. Staff's opinion was that the wall height was too high. Commissioner Alderson stated that if the wall was lowered he would also want the tower .lowered. Mr. Jarvis stated they would want the tower to be in scale with the wall. E Planning Commission Minutes January 23, 2007 13. Commissioner Barrows commended the applicant on the design of the project. In regard to the west side of the project, is the wall system going to address the sand dune. Mr. Jarvis stated it will be disclosed to the buyers. They are confident there will be no problems due to the amount of drought tolerant plant material they intend to use. Commissioner Barrows asked the applicant to elaborate on the energy efficient design. Mr. Jose Welty explained the Energy Star Program they intend to use. 14. Chairman Quill asked where they were in negotiations with the Church. Mr. Jarvis stated they anticipated the Church would build first. Unfortunately, the Church is not as far along with their plans as they are on their plans and they do not know when the Church will be ready. Their intent is to resolve the issues with the Church. Chairman Quill asked how they intend to install the easement. Mr. Jarvis stated they intend to use the alleyway. He went on to explain where they would be installed. Chairman Quill asked about the plant palette along •Washington Street. The landscape architect identified there would be turf between the sidewalk and curb. The remainder will be drought tolerant planting. 15. Chairman Quill asked if there was any other public comment. Mr. Art Drazy, Laguna de la Paz homeowner, stated he agreed with the Commission that the height of the wall should be reduced. 16. Mr. David Prest, Prest Vuksic Architects, architect for the Church stated they are concerned with the grading to accommodate the grade change on the. Laing property. They intend to stay close to the existing grades. In regard to access, they would prefer not to enter into an agreement for an access. 17. Chairman Quill asked why St. Francis was against the joint access with a signal. Mr. Prest stated that looking at the site plan, it was determined that anyone wanting to go north would use the northerly access and it would' become the primary access. Secondly, the design of the primary access has several issues including the turnaround space. 18. Commissioner Alderson asked if the secondary access would help them with the grade differences. Mr. Prest stated the two issues are not related. They anticipate their future development will stay with the existing grade. 5 Planning Commission Minutes January 23, 2007 19. Commissioner Daniels asked the timeframe of the Church development. Mr. Prest stated the parking lot is currently in the City for review with a retention basin along Washington Street, and removal of the frontage street. This should be done sometime this year. 20. Chairman Quill asked if Mr. Jarvis would like to address these concerns. Mr. Jarvis stated they are concerned that the Church has changed their site plans. If they do not allow them to grade on the Church property they would like to construct the retaining wall similar to the retaining wall at the west property line. 21. Commissioner Alderson asked about Condition 21. If the applicant were to redesign the map with a secondary access for emergency access only, the condition would need to be changed. As currently designed, a moving van would not be able to make it in and out of the main entryway. Mr. Prest stated that given their choice the Church would prefer not to have the shared access. 22. Chairman Quill stated the sensible right thing to do is to have the four-way access and he would hope the Church would consider it. 23. Commissioner Alderson stated that until this decision is made, it is hard to approve this project as submitted. 24. Commissioner Barrows clarified staff's recommendation for the wall was eight feet. Staff stated that was correct. Commissioner Barrows asked if the height of the tower is 28- feet. Staff stated the tower is identified in the Specific Plan at 28 feet. If the Commission wants to change the height, a condition would need to be added to the Specific Plan. Commissioner Barrows asked that a condition be added that no turf be used between the sidewalk and wall. 25. Commissioner Daniels stated his concern regarding the grading. 26. Chairman Quill asked if they do not obtain grading rights from the adjacent property owner, what is their alternative? City Attorney Kathy Jenson stated an alternative would need to be provided: You have an unrealistic elevation plan before the Commission. If they cannot satisfy the condition, they will not 6 Planning Commission Minutes January 23, 2007 be able to final the map. The Commission can provide two alternatives for the approval. 27. Commissioner Daniels commended the applicant on the design of the project. He supports lowering the berm. Community Development Director Doug Evans stated they were unaware of the problem between the two property owners in regard to the grading issues. 28. Chairman Quill stated there appears to be enough issues that cannot be resolved that he would prefer to continue this item. He would like to confirm that there will be no turf off of Washington Street, the height of wall shall be eight feet from the top of curb off Washington Street. He would request the applicant and the Church get together to resolve this issue or return with a grading plan to resolve the issue. Community Development Director stated the grade differential in some places may be as high as 20 feet on the north property line. The Commission could approve the project with stipulations to meet staff's recommendation. Mr. Jarvis stated he believes they could build a two tier retaining wall to meet staff's approval. 29. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the hearing. 30. Chairman Quill stated the shared access is very important to him. He asked if there were a way to encourage the Church to allow the access. Community Development Director Doug Evans stated there should be the ability to work with the Church during the site development permit process to resolve the problem on the access. The challenge will be the timing. 31. There being no further discussion, it was moved and seconded by Commissioners Engle/Daniels to adopt Planning Commission Resolution 2007-002 recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2006-579, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. 7 Planning Commission Minutes January 23, 2007 32. It was moved and seconded by Commissioners Engle/Barrows to adopt Planning Commission Resolution 2007-003 recommending approval of Specific Plan 2006-081, as recommended and amended: a. Condition 3.a. The Specific Plan shall be amended to allow for the Hacienda units to have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. b. Condition 3.f. added: All reference made to the entry tower height exceeding 22 feet shall be removed limiting the building height to a maximum of 22 feet. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. 33. It was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-004 recommending approval of Tentative Tract Map 35060, as recommended and amended: a. Condition 21. Replace with: In the event that the applicant is unable to secure access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 shall be redesigned to provide a secondary emergency access and egress as approved by the Riverside County Fire Department. Additionally, ingress and egress at the Primary Entry shall be provided for a 45-foot minimum design turning radius moving van as approved by the Community Development Department and Public Works Department. b. Condition 26.A.2. Replace with: The applicant shall install the traffic signal at the proposed shared access drive at the Washington Street/Lake La Quinta Drive intersection. The applicant is subject to a maximum of 75% reimbursement from available funds in the City's Development Impact Fee Program for the cost to design and construct the traffic signal. The applicant shall enter into a DIF Reimbursement Agreement with the City of La Quinta concurrent with the Subdivision Improvement 8 Planning Commission Minutes January 23, 2007 Agreement for the Final Map for the amount specified in the DIF Program in effect at the time the traffic signal is accepted b the City Council. Associated with the traffic signal installation, the applicant shall install all necessary traffic signal equipment and . appurtenances to interconnect the proposed traffic signal with the existing traffic signals at the Washington Street/Avenue 48 and Washington Street/Avenue 47 intersections. The traffic signal shall be designed for an eight phase operation as split phasing is undesirable. C. Condition 26.C. Add the following:' In the event that the applicant is unable to secure access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 Items 1. and 2. shall not be applicable. d. Condition 35.1. Add the following to the second to last paragraph: The accessibility requirements pertain to any public accessible facilities to include model homes and recreational amenities provided for the development and not to single-family residences excluding model homes. e. Condition, 42. Amend second paragraph to read: Of -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements including the traffic signal at the Washington Street and Lake La Quinta Drive/proposed shared access drive intersection in the first phase of construction or by the 20% Building Permit 115" home►. f. Condition 52. Replace with the following: Building pad elevations of perimeter lots shall not differ by more than on foot higher from the building pads in adjacent development, particularly along the southerly boundary. Therefore, the applicant shall redesign the southerly portion of the development to conform with the aforementioned condition or submit an approval letter from the Laguna de la Paz Homeowners' Association accepting the grade differential shown on the approved Tentative Tract Map 35090, or as approved by the City Engineer and Community Development Director. g. Condition 54. Replace with the following: Prior to any site grading or regarding that will raise or lower any pad elevations by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City for a substantial conformance review. 9 Planning Commission Minutes January 23, 2007 h. Condition 56. Replace with the following: The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 01-015 — Underground Retention Basin Design Requirements, unless otherwise approved by the City Engineer. More specifically, stormwater falling on the site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the three hour, six hour or 24 hour event producing the greatest total run off. The tributary drainage area shall extend to the centerline of adjacent public streets and shall also accept upstream tributary flows for this regional sag location on Washington Street. Stormwater handling for Washington Street may require additional drainage facilities to be constructed. i. Condition 58. Replace with the following: In design of retention facilities, the percolation rate will be considered to be zero, unless otherwise approved by the City Engineer. j. Condition 59: Deleted k. Condition 62. Replace with the following: For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-016 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems, unless otherwise approved by the City Engineer. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin, unless otherwise approved by the City Engineer. I. no turf between curb and sidewalk. M. Condition added: retaining wall that meets the City approval. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. 10 Planning Commission Minutes January 23, 2007 34. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2007-005 recommending approval of Site Development Permit 2006-873, as recommended and amended: a. Condition 20. The Hacienda units shall have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. B. Continued - Street Vacation 2006-043 a Portion of Public Utility Easement located within Desert Club Tract Unit 4; a request of the City to vacate a potion of Main Street north of Avenida La Fonda for Nispero Properties. 1 . Chairman Quill opened the public hearing and asked for the staff report. Principal Engineer Ed Wimmer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Quill asked if there were any questions of staff. There being no questions of staff, the applicant, nor any public comment, Chairman Quill closed the public participation portion of the hearing. 4. There being no further discussion, it was moved and seconded by Commissioner Daniels/Alderson to adopt Planning Commission Resolution 2007-006 approving Street Vacation 2006-043, as recommended: ROLL CALL: AYES: Commissioners Alderson,. Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEM: A. Notice of Public Nuisance Case No. 2006-5204; a request of Jeffrey S. and Ardis L. Manning for an appeal of a Public Nuisance regarding the violation of a recreational vehicle encroaching on the City right-of- Planning Commission Minutes January 23, 2007 way without a permit, parking in a location not zoned for vehicular parking, being improperly stored on a residential property, and a patio cover that violates the exterior side yard setback for the property located at 52-715 Avenida Navarro. 1. Chairman Quill asked for the staff report. Staff asked the Commission to continue this item to its meeting of February 13, 2007. 2. There being no discussion, it was moved and seconded by Commissioners Daniels/Alderson to continue Public Nuisance Case No. 2006-52 to February 13, 2007. Unanimously approved. B. Sign Application 2006-1073; a request of , Ultrasigns Electrical Advertising for consideration of a business identification sign for PETCO to be located on the north side of Highway 1 1 1, west of Adams Street, within the One -Eleven La Quinta Shopping Center. 1. Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle asked why the applicant did not follow the permit process. Staff clarified they installed the sign while working with staff for approval. A double fee penalty will be applied to the permit when issued. 3. Commissioner Alderson asked how far they were over the Code requirement. Staff explained they have worked with applicants to reach a norm that works. 4. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Howard Hough, representing Ultrasigns Electrical Advertising, apologized for circumventing the processing procedure and explained how it happened. They would suggest removing the logo to have 80 square feet. 5. Commissioner Daniels asked why they were moving the sign down behind the tree. Mr. Hough stated the grooming department is on the right side of the store. 12 Planning Commission Minutes January 23, 2007 6. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the meeting. 7. There being no further discussion, it was moved and seconded by Commissioners Barrows/Daniels to adopt Minute Motion 2007-001, approving Sign Application 2006-1073, as recommended. Unanimously approved. C. Sphere of Influence — Riverside County S01-13-02 Tentative Tract Map 34536-Joe Birdsall (County Application); Planning Commission review and comment on a project proposed in the City's North Sphere of Influence located at the southwest corner of Darby Road and Adams Street. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked if the 25 foot setback along Darby Road and Adams Street was the rear yard. Staff stated Starlight Dunes was originally approved by the City when the zoning was similar to County standards. If this project were proposed in the City, they would be required to widen the street and have a 20-foot rear yard setback. Commissioner Alderson asked the material to be used on the roof. Staff stated it is tile. 3. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Douglas Birdsall, representing the applicant stated they were available to answer questions. Mr. Art Gardner, engineer for the project, stated the alleyway continuing east along Darby Road will be redesigned with the development of the tract to the north. It will be a T-intersection, but modified. 4. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the meeting. 13 Planning Commission Minutes January 23, 2007 5. There being no further discussion, it was moved and seconded by Commissioner Daniels/Alderson to adopt Minute Motion 2007-002 confirming staff's recommendations. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Discussion regarding the Minor Use Permit process. Staff informed the Commission that staff is preparing an Amendment to change this process. B. Report on the City Council meeting of January 16, 2006. C. Chairman Quill asked if the City was submitting a letter on the Avenue 62 project. Staff stated the City was submitting a letter and has requested a copy of the traffic study. D. Staff informed the Commission of the next Vista Santa Rosa Community Workshop on February 3, 2007 at the La Quinta Senior Center. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on February 27, 2007. This meeting of the Planning Commission was adjourned at 10:01 p.m. on January 23, 2007. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 14 PH #B DATE: CASE NO.: APPLICANT REQUEST: LOCATION: PROPERTY OWNER: GENERAL PLAN/ ZONING DESIGNATIONS: PLANNING COMMISSION STAFF REPORT FEBRUARY 13, 2007 SITE DEVELOPMENT PERMIT 2006-874 KOMAR INVESTMENTS L.L.C. CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR SEVEN COMMERCIAL BUILDINGS. SOUTH OF HIGHWAY 111 AT DEPOT DRIVE KOMAR INVESTMENTS L.L.C. REGIONAL COMMERCIAL ENVIRONMENTAL DETERMINATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL IMPACT REPORT 2005-539 PREPARED FOR SPECIFIC PLAN 2005-075, CONDITIONAL USE PERMIT 2005- 092, SITE DEVELOPMENT PERMIT 2005-833 AND TENTATIVE PARCEL MAP 33960, WHICH WAS CERTIFIED ON JANUARY 4, 2006. NO CHANGES CIRCUMSTANCES OR CONDITIONS ARE PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF SUBSEQUESNT ANAYSIS PURSUANT TO PUBLIC RESOURCES CODE 21166 SINCE THIS PROJECT IMPEMENTS SPEICIFIC PLAN 2005-075. SURROUNDING LAND USES: NORTH: HIGHWAY 111, REGIONAL COMMERCIAL SOUTH: COSTCO, COMMERCIAL PARK EAST: VACANT, CITY OF INDIO WEST: VACANT, REGIONAL COMMERCIAL BACKGROUND: The project site is located south of Highway 111 and Depot Drive in the City of La Quinta (Attachment 1). The proposed Komar Desert Center is bounded on the north by Highway 111. The proposed buildings are north of the Costco Wholesale, which recently opened in November. On December 6, 2006, the Architecture and Landscape Review Committee reviewed and approved the architecture and landscaping plans. The Komar Desert Center Specific Plan 2005-075 was approved by the City Council on January 3, 2006. These buildings are the second phase of this commercial development and the proposed uses are allowed. The Specific Plan allows 83,700 square feet maximum, within three building envelope areas. PROJECT PROPOSAL: Architectural Plans Proposed are seven commercial buildings (consisting of approximately 67,000 square feet) in a desert modern architectural style using primarily stucco, split -faced and precision CMU materials (Attachment 2). The proposed buildings are highlighted by special architectural features such as an entry rotunda and metal architectural roof elements, extensive use of canopies and trellises for shade, and large format graphic art panel to articulate the facades. In ten locations, perforated color metal panels are proposed to allow tenant signs; the sizes of the proposed sign areas identified on the plans may exceed Zoning Code requirements and require a sign program to be approved by the Planning Commission at a later date. The sign areas noted on the plans are not a part this review. Proposed building colors are dark and reddish browns and grey tones. A material and color sample board will be available at the meeting. BUILDING A Building A, with a gross floor area of approximately 20,050 square feet and measuring approximately 138-feet by 143-feet, is the largest of all of the proposed buildings. The design includes a 33-feet high rotunda element at the northwest corner in a feature color, identified as the main entry. The height of the primary parapet walls varies, but is generally 26-feet high. The building will be constructed of reinforced concrete masonry walls, with an engineered wood structural roof system. The primary exterior shell materials are stucco with feature walls of alternating split -faced and precision faced CMU. There are feature panels of perforated metal attached to a painted metal frame, which are cantilevered approximately 24-inches from the primary face of the building and rise 2'-8" above the parapet height. The front, rear and sides of the building use layering of walls, materials and colors, as well as large -format graphic art panels to articulate the facades. The panels that are on the exhibits are place holders since the City will need to approve the final proposal as "Art in Public Places" by the Community Services Commission and the City Council or as graphics ,acceptable to the ALRC and Planning Commission. A proposed stucco wall screens the loading area, with cutouts for vine pockets and landscape trees. Gross square footage: 20,050 square feet Approximate dimensions: 138' x 143' Primary parapet height: 26'-0" Highest point: 33'-0" (at rotunda) Exterior materials: Stucco, split -faced and precision CMU Construction type: Reinforced CMU with wood roof framing Special features: Rotunda entry element, striated CMU feature walls, large- scale graphic art panels BUILDING B Located immediately north of and connecting with Building A, Building B has a gross floor area of approximately 5,630 square feet and measures approximately. 60-feet by 93-feet with a height of 17-feet. Proposed are primary stucco parapet wall at the front (west elevation) with a metal standing seam mansard roof at 23- feet in height. .At the rear (east elevation) the stucco parapet wall is 22-feet high. The building will be wood frame construction. The primary exterior materials are stucco and a dark bronze standing seam mansard roof. On the parking lot side, there is an extended shade trellis that extends approximately 12' to 15' from the face of the building, which has perforated metal screens, secured to a painted metal frame. The trellis is supported by a row of stone -veneer columns. Pin - mounted, individually lettered tenant signs will be affixed to the top edge of the trellis, at the parking lot edge. Gross square footage: 5,630 square feet Approximate dimensions: 60' x 93' Primary parapet height: 17'-0" (west) 22'-0" (east) Highest point: 23'-0" (mansard roof) Exterior materials: Stucco, standing seam metal roof, stone veneer Construction type: Wood frame Deep shade trellis at west elevation (12-15 feet in depth) Special features: BUILDING C Building C is connected to and immediately north of Building B. Building C proposes a gross floor area of approximately 6,900 square feet and measures approximately 60-feet by 116-feet. The proposed height of the primary stucco parapet wall at the west elevation is 24'-6" and 23-feet at the north. The primary corner is marked by a rooftop feature element - a horizontal, painted rectangular steel frame with perforated metal infill panels, hovering above the corner tower. The top of this element is at 28-feet. This corner features proposes to add shade an outdoor terrace area, approximately 27-feet x 38-feet, which is defined by stone columns, stone seat walls, and shade canopies above. The proposed building will be ,wood frame construction. The primary exterior building materials are stucco, with feature walls of stone veneer and panels of anodized aluminum storefront windows. At the west elevation, there is an extended shade trellis connected to the one shading Building B. At the north side, shade canopies extend approximately 6'-0" from the face of the building, at each section of storefront window. They have perforated metal screen, secured to a painted metal frame, and are suspended from the building face by steel tension rods. This shade canopy construction is typical throughout the center Gross square footage: 6,900 square feet Approximate dimensions: 1 16' x 60' Primary parapet height: 24'-6" (west) 23'-0" (north) Highest point: 28'-0" (at perforated metal canopy) Exterior materials: Stucco, aluminum storefront, stone veneer Construction type: Wood frame Special features: Deep shade trellis at west elevation (12-15 feet in depth), shade canopies for north storefronts (5 feet in depth), corner tower with perforated metal roof, shaded dining terrace (approximately 27 x 38 feet) BUILDING D Located in the northeast corner of the site, Building D proposes a gross floor area of approximately 6,570 square feet and measures approximately 58-feet by 124- feet. The proposed height of the primary stucco parapet wall at the west is 17- feet, with a metal standing seam mansard roof rising to 23-feet. Parapets heights vary between 23-feet and 27-feet. The primary corner near Highway 111 is marked by a rooftop feature element- a curving, painted steel frame with perforated metal infill panels, hovering above a corner tower. The high point of this element is proposed at 30'-6". At the parking lot side, there is an extended shade trellis that extends approximately 10' to 13' from the face of the building, which has perforated metal screens, secured to a painted metal frame. In plan view, this building features two shaded, outdoor terrace areas, which is defined by stone columns, stone seat walls, and shade canopies above. There is a cylindrical tower that anchors the north east corner of the building. The north and east facades propose deeply set windows and a series of insets in plan, which articulate the scale and add interest. This is the only building in the project that proposes a drive-thru window. Landscape berming and screen walls are designed around the drive-thru aisle and window, which will essentially screen views of queuing cars from passing vehicles on Highway 111 and limit views from the meandering sidewalk as well (Attachment 3). The building will be wood frame construction. The primary exterior materials proposed are stucco, with multiple colors defining different building volumes, and feature walls of stone veneer. At the north side, shade canopies extend approximately 6'-0" from the face of the building, at each section of storefront window. Gross square footage: 6,570 square feet Approximate dimensions: 124' x 58' Primary parapet height: 24'-0" (east, south), 18'-0" (west), 23'-0" (west mansard), 22'-8" (north) Highest point: 30'-6" (at top of arc of perforated metal canopy) Exterior materials: Stucco, aluminum storefront, stone veneer Construction type:. Wood frame Special features: Deep shade trellis at west elevation (10 to 13 feet in depth), shade canopies on south elevation (5 feet in depth), corner tower with curving, perforated metal roof, shaded dining terrace (approximately 23 x 23 feet), corner cylinder BUILDING E Building E is located at the southwest corner of the site, adjacent to the main drive and the entrance into the Costco parking lot. A gross floor area of approximately 10,106 square feet measuring approximately 85-feet by 118-feet is proposed. The height for the primary parapet walls at the west elevation is 20'-8", with articulated corner parapets between 24-feet and 28-feet high. The primary corner at the southeast is marked by a curving roof feature element consistent with Building D. The high point of this element is at 29'-6". Proposed is a feature signage panel of perforated metal attached to a painted metal frame, at the northeast corner, which is cantilevered approximately 24-inches from the primary face of the building and rises one foot above the parapet height. In plan view, this building proposes an outdoor terrace area, at the northeast corner, which is defined by stone columns, stone seat walls and a shade tree. There is extensive planting at the south and west facades for shading and scale and large -format City -approved graphic art panels on the east fagade. The building will be wood frame construction. The primary exterior materials proposed are stucco, with multiple colors defining different building volumes, and panels of stone veneer. Each section of storefront window has the typical shade canopy. Gross square footage: 10,106 square feet Approximate dimensions: 118' x 85' Primary parapet height: 20'-8" (east, west, south, north) Highest point: 29'-6" (at top of arc of perforated metal canopy) Exterior materials: Stucco, aluminum storefront, manufactured stone.veneer Construction type: Wood frame Special features: Shade canopies (5 to 7 feet in depth), corner tower with curving, perforated metal roof, dining terrace (no shade structure), graphic art panels BUILDING F Building F is located north of Building E, abuts the main entrance drive to the west, and is flanked by driveways to the north and south. A gross floor area of approximately 6,750 square feet and measurements of approximately 63-feet by 1 1 1-feet are proposed. The primary parapet wall at the west and south elevations is identified at 23-feet, at the east elevation at 25-feet, and at the north elevation at 24-feet. Articulated corner parapets are proposed between 24-feet and 25-feet in height. Proposed, at the northeast corner is a signage panel of perforated metal attached to a painted metal frame, which is cantilevered approximately 24-inches from the primary face of the building and which rises one above the parapet height. In plan view, the proposed building outdoor terrace areas, at the northeast and southeast corners, which are defined by stone seat walls and shade trees. There is extensive planting at the south and west facades for shading and scale. The rear of the building uses steps in plan view and large-scale City approved graphic art panels to help articulate the facade. Similar to the majority of the other buildings, the building will be wood frame construction. The primary exterior materials proposed are'. stucco, with multiple colors defining different building volumes, and panels of stone veneer and stone veneer -covered landscape walls. Each section of storefront window has a typical shade canopy. Gross square footage: 6,750 square feet Approximate dimensions: 63' x 1 11' Primary parapet height: 23'-0" (west, south), 25'-0" (east), 24'-0" (north) Highest point: 26'-0" (at top of perforated metal signage canopy) Exterior materials: Stucco, aluminum storefront, manufactured stone veneer Construction type: Wood frame Special features: Shade canopies at each storefront, outdoor terraces, large-scale graphic art panels. BUILDING H Building H is located at the west end of the property, immediately north of the Costco fueling station. The building proposes a gross floor area of approximately 10,700 square feet and measures approximately 78-feet by 145-feet. The parapet wall height at the north elevation is 22-feet, the east and west elevations at 20'- 8" and at the south elevation at 22-feet. Articulated corner parapets are proposed between 22'-8" and 24-feet in height. The northeast corner of the building is marked by a rooftop feature element similar to the one at Building C. There is extensive planting at the south and west facades for shading and scale. The rear of the building faces the Costco fueling station and proposes large -format graphic art panels (to be approved by the City) to articulate the facade, and a base of alternating split faced and precision CMU. The building will also be wood frame construction. The primary exterior materials proposed are stucco, with multiple colors defining different building volumes, and feature panels of stone veneer and anodized aluminum storefront. Each section of storefront window has the typical shade canopy. Gross square footage: 10,700 square feet Approximate dimensions: 78' x 145' Primary parapet height: 23'-0" (west, south), 25'-0" (east), 24'-0" (north) Highest point: 28'-0" (at top of perforated metal canopy) Exterior materials: Stucco, aluminum storefront; stone veneer Construction type: Wood frame Special features: Shade canopies (5 to 7 feet in depth), extended hardscape at the northeast corner, large-scale photographic panels. BUILDINGS G AND J These building pads will be addressed at a later date under separate site development permit applications. However, please note that all of the parking and landscaping surrounding these two pads will be installed as part of this application. Staff recently received a site development permit application for Building G, which is proposed for Mimi's Cafe. Landscape Plan Proposed landscaping ;for these buildings consist of landscape planters along the driveways and in the parking lots. Highway 111 landscaping was completed with the opening of Costco Wholesale. Proposed trees are Desert Museum (36" box), Sunburst Locust, (24" and 36" box), Texas Mesquite (24" box), and Mexican Fan Palms dispersed throughout the site. Proposed scrubs include Red Bird of Paradise, Red Yucca, Texas Ranger, Baja Ruellia, Euonymus, Cassia, and Purple Mexican Bush Sage. The applicant has selected plants types for this portion of the commercial center from a larger palette of materials consistent with the approved Specific Plan. Behind the screen wall for the drive-thtu and within the Highway 111 landscape setback, the applicant proposes to build up the mounding to within a foot of the top of the screen wall and add additional scrubs and trees to hide the view of vehicles in the drive-thru lane.. ANALYSIS: In general, the project as presented is designed well, is consistent with the Specific Plan, and complies with applicable zoning requirements. Staff has the following matters for Planning Commission consideration: Graphic Art Panels The graphic art panels are an important element to the building design. The panels are proposed to embellish blank and flat stuccoed walls. The City needs to determine, when submitted, if the final art/graphic proposal, at these locations, are appropriate for the Art in Public Places program and integral to the building design or it may be determined that the graphic panel designs are not public art. If not public art, then the applicant will produce proposed graphics panels as an architectural enhancement. A Condition of Approval has been recommended that requires the applicant to bring the graphic panels back to the ALRC and Planning Commission for approval, in an effort to determine if the final graphic panel proposal is compatible with the building and site design; no advertising or product representation will be allowed. Building "D" Drive-Thru Building "D" proposes a drive-thru with a screen wall along Highway 1 1 1 and turns south parallel to the secondary driveway into the commercial center. The proposed screen wall has been extended to screen a significant portion of the drive thru lane as well as the utilities located in the landscape planter area. In addition, a minimum 3 foot separation between the drive lane curb and the screen wall has been provided and landscaping is proposed in this area. The design will provide screening from Highway 111 traffic for most vehicles and partially screen from pedestrian traffic as well. A pedestrian connection has been identified near the drive-thru window providing linkage directly into the project. Buildings A and E — Back of Building Building E and F, along the eastern portion of the main entrance drive aisle, face the internal parking lot and have the back end of the building close to the main driveway. Building A is set against the eastern driveway with a 5'6" setback. It is recommended that Building E be pulled back 4' 3" from the main drive allowing a 15 foot setback. Additional landscaping will be necessary. This would be similar to the setback for Building F and the additional space needed for trees and shrubs to be properly placed. A similar situation exists with Building A. The eastern drive has an "alley" feel -to it as Buildings A — D all essentially have the rear of building facing this drive. However, with a 5'6" setback, Building A is very close to the driveway and the setback limits the ability to establish any significant screening, which is often needed with back of building elevations. Staff recommends shifting Building A approximately 4'6" west, providing for a 10 foot setback, allowing the additional landscaping space to help screen the back of building. Additional landscaping will be necessary. In addition to the setback, staff recommends the screen wall for the Building A loading area be extended an additional 20 feet south so as to help screen this area from public view. Sufficient area will remain foe deliverytrucks to successfully maneuver and access the loading area. Building "H" — South Elevation Building "H" is proposed to have only a plaster finishes on the south elevation; the design of this elevation needs to be upgraded. In addition the south elevation (back of building) needs to be screened. Staff recommends additional landscape screening be provided along this elevation. Parking Analysis The applicant has identified a total of 464 stalls being provided for the 7 buildings identified in this application and the two buildings that will be coming forward at a future date. Though not a part of this application, building square footage information has been provided by the applicant for Buildings G and J and the parking calculations include this information. Based upon this information, the site includes 61 additional stalls. It should be noted that the calculation is based upon a 20% allowance for restaurant space. With two freestanding restaurants and a drive-thru coffee shop currently proposed, it is possible that the development could exceed this amount should any additional space be for restaurant use. However, with an excess of 61 stalls, approximately 9,150 square feet of the retail space could be designated for restaurant use without exceeding the City's parking requirements. Though slightly in excess, staff believes the amount of parking is appropriate for the proposed commercial development. Access and Circulation Improvements Two conditions have been recommended to improve access and circulation for the proposed development. First, a condition is recommended requiring the installation of a left turn lane on the main drive for southbound traffic utilizing the driveway between Buildings E and F. This condition will require modification to the median recently installed by Costco and restriping the northbound lanes. The second condition involves improving the turning radius at the "T" intersection of the main drive and the east -west drives, immediately southwest of Building E. As it currently exists, improvements at the northeast corner of this intersection limit the turning radius for eastbound delivery trucks making a right turn. The condition requires a redesign to accommodate a 25 foot turning radius. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed this request at its meeting of December 6, 2006 (Attachment 6). The Committee unanimously adopted Minute Motion 2006-036, recommending approval subject to the following conditions which have been incorporated into this review: 1 . The applicant shall bring the graphic panels back to the ALRC and Planning Commission or approval if it is determined that the graphic panels are not acceptable as public art. The. ALRC and Planning Commission shall determine if the final graphic proposal is compatible with the building and site designs; no advertising or product representation will be allowed. 2. The applicant shall extend the proposed screen wall for Building "D" further south to the entire length of the drive through lane and the transformer units located in the landscape planter area. In addition, the screen wall, for the entire length of the drive through lane, needs to have a minimum 3 foot separation behind the drive lane curb consisting of a landscaped area. 3. The applicant shall redesign the loading dock and building orientation of Building "A" to eliminate the conflict with vehicle traffic at driveways. 4. The applicant shall provide a linear hedge for the following elevations: • East elevation of Building "E" • South elevation of Building "H" 5. The Gleditsia Tricanthos "Sunburst" trees and Gelsemium Sempervirens vines shall be deleted and replaced with low maintenance varieties appropriate for the local climate. 6. All mechanical equipment on roof tops shall be screened from view by parapet walls; this includes air conditioning units and fans and blower hoods for food service cooking. Public Notice This request was published in the Desert Sun newspaper on February 1, 2007, and mailed to all affected property owners and occupants within 500 feet of the project site as required by Section 9.200.110 of the Zoning Code. To date, no letters have been received. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments. All' written comments received are on file with the Community Development Department. Applicable comments received have.been included in the recommended Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: As required by LQMC Section 9.210.010 (Site Development Permits), findings to approve Site Development Permit 2006-877 can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2007- approving Site Development Permit 2006-874, subject to Findings and Conditions. Attachments: 1. Vicinity Map 2. Site Plan, Planting Plan and Building Elevations 3. Drive-Thru Site Plan and Section Drawings Prepared by// Jo on, Planning Manager PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING BUILDING ELEVATION, SITE AND LANDSCAPE PLANS FOR SITE DEVELOPMENT PERMIT 2006-874 FOR SEVEN RETAIL BUILDINGS TOTALING 66,706 SQUARE FEET GENERALL Y LOCATED SOUTH OF HIGHWAY 111 AND DEPOT DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2006-874 APPLICANT: KOMAR INVESTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 13`" day of February, 2007 hold a duly noticed Public Hearing to review the application for Site Development Permit 2006-874, which includes building elevations, site and landscape plans for seven retail buildings totaling 66,706 square feet; generally located south of Highway 111 and Depot Drive, more particularly described as: PARCELS 3 AND 4 OF PARCEL MAP 33960 WHEREAS, the Architectural and Landscaping Review Committee (ALRC) of the City of La Quinta, California did on the 6`" of December, 2006 hold a public meeting to review building elevations, site and landscape plans for seven retail buildings totaling 66,706 square feet and unanimously recommended approval; and WHEREAS, the Community Development Department determined that the request has been previously assessed in conjunction with Environmental Impact Report 2005-539 prepared for Specific Plan 2005-075, Conditional Use Permit 2005-092, Site Development Permit 2005-833 and Tentative Parcel Map 33960, which was certified on January,4, 2006. No changes in circumstances or conditions are proposed which would trigger the preparation of subsequent analysis pursuant to Public Resources Code 21166 since this project implements Specific Plan 2005-075; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 1st day of February, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Site Development Permit 2006-874: 1. Consistency with the General Plan: The proposed commercial buildings are consistent with the City's General Plan in that the property is designated Regional Commercial (RC) and Commercial Park (CP). The project is consistent Planning Commission Resolution Site Development Permit 2006-874 Komar Investments Adopted: with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. Consistency with the Specific Plan: The proposed project is consistent with the goals and objectives of the Komar Desert Center Specific Plan 2005-075, in that the project design feature including building heights, complies with the development standards and design guidelines. 3. Consistency with the Zoning Code: The proposed project is consistent with the Regional Commercial (RC) and Commercial Park (CP) Zoning Districts, in that the project meets the development standards including, but not limited to, setbacks, architecture, building mass, exterior lighting, parking, circulation, open space and landscaping. The proposed buildings are consistent with the City's Zoning Code in that the development standards and criteria contained in the Komar Desert Center Specific Plan 2005-075 supplements, replaces, or are consistent with those in the City's Zoning Code. 4. Site Design: The site design of the proposed project including, but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with the quality of design prevalent in the City and compatible with development in the area. 5. Landscape Design: The landscaping for the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of drought tolerant plants, trees and shrubs, provide an aesthetically pleasing and well functioning use of landscaping space. The landscape design of the proposed project, as conditioned by the ALRC, complements the building and the surrounding commercial area in that it enhances the aesthetic and visual quality of the area and uses a high quality of materials. 6. Architectural Design: The architectural design of the proposed buildings, including, but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and quality of design prevalent in the City. The architectural design of the project, as conditioned by the ALRC, is compatible with surrounding commercial buildings and development in the general vicinity in that it is similar in scale; the building, materials provided are a P:\Reoorts - PC\2007\2-13-07\SDP 2006-874 Komar\SDP 2006-874 ResO.DOC Planning Commission Resolution Site Development Permit 2006-874 Komar Investments Adopted: durable, aesthetically pleasing, low maintenance, with a blend of surfaces and textures. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Commission in this case; 2. That it does approve Site Development Permit 2006-874 for the reasons set forth in this Resolution and subject to the conditions attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 131h day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California PAReoorts - PC\2007\2-13-07\SDP 2006-874 Komar\SDP 2006-874 Reso:DOC PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2006-874 - KOMAR DESERT CENTER FEBRUARY 13, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim,,action or proceeding and shall cooperate fully in the defense. 2. Per Zoning Code Section 9.210.010 H. establishment of the use allowed by this Site Development Permit shall expire one year from its effective date, unless extended pursuant to Section 9.200.100. 3. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). All Conditions of Approval for Specific Plan 2005-075, Conditional Use Permit 2005-833 and Tentative Parcel Map No. 33960`apply to this Site Development Permit. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies (if required): • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley • Caltrans - \Reports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 1 of 14 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies, if applicable. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. If previous permits are not applicable or in effect, a project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board' s (" RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant, shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP").. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 11 Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control 4) Tracking Control 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. PAReports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 2 of 14 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 9. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 (Major Arterial - State Highway, 140' Right -of -Way) - No additional right-of-way is required along the Site Development Permit boundary on Highway 111 as per the recorded Parcel Map No. 33960. 10. The required perimeter landscaping setbacks along all public rights -of -way as follows have been dedicated on Parcel Map No. 33960: A. Highway 111 (Major Arterial - State Highway) - 50-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 11. Direct vehicular access to Highway 111 from lots with frontage along Highway 111 is restricted, except for those access points identified on Parcel Map No. 33960, or as otherwise conditioned in these conditions of approval. PAReports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc _ Page 3 of 14 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall provide reciprocal access easements necessary for the adjoining parcel(s) for'access to proposed parking and access drive associated with this Site Development Permit. Additionally, the applicant shall enter into a maintenance agreement with Costco and/or other parcel owners/occupants for the perpetual maintenance of the parking areas and drive aisles within Parcel Map No. 33960. STREET AND TRAFFIC IMPROVEMENTS 14. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Highway 111 (Major Arterial — State Highway; 140'R/W): No additional widening on the south side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the south side as specified in the General Plan and per Conditions of Approval for Specific Plan 2005-075, Conditional Use Permit 2005-833 and Tentative Parcel Map No. 33960 are required of this Site Development Permit. PARKING LOTS and ACCESS POINTS 15. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length for standard parking stalls and 18 feet for handicapped parking stall or as approved by the City Engineer. E. Drive aisles between parking stalls shall be a minimum of 26 feet with egress drive aisles a minimum of 28 feet or as approved by the City Engineer. F. Drive-thru aisles shall be a minimum of 12 feet along straight away portions and increased to a minimum 14 feet at bends (to accommodate turning movements). The minimum dimensions shall be paved roadway surface. Additionally for the drive-thru proposed at Building D, a seven -car minimum P:\Reports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc . Page 4 of 14 .�w�m stacking capacity is required from the order window to the drive-thru entrance off of the east -west drive aisle or as approved by the City Engineer. Additionally, the applicant shall construct signage and pavement markings to prevent vehicles blocking this east -west drive aisle as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 16. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 33960 and these conditions of approval. 17. The applicant shall reconstruct existing curb and gutter along the Costco main entry drive and the secondary access road along the easterly property line of Parcel Map No. 33960 to provide for the proposed access to the Site Development Permit site as well as to provide smoother curvature to the existing curb and gutter as required by the City Engineer. Additionally, the applicant may be required to adjust or reconstruct existing drainage facilities due to the aforementioned improvements. 18. The applicant shall reconstruct the existing median of the Costco main entry drive to provide for a left turn lane into the second drive south of Highway 1 1 1 on the east side while maintaining positive restriction for left turn movements in and out of the first drive south of Highway 111 on the west side. The applicant shall also restripe existing pavement delineation as required in the plan check process. All items listed in this condition shall be as approved by the City Engineer., 19. The corner radius at the southeasterly corner of the easterly access drive and the Costco parcel near Building A shall be a minimum of 35 feet to handle large vehicle turning movements or as approved by the City Engineer. Additionally, the proposed improvements shall provide for positive physical delineation to prevent abrupt alignment changes. 20. The applicant shall reconstruct the existing corner at Building E to provide for large vehicle turning movements. At a minimum, the radius shall be 25 feet or as approved by the City Engineer. 21. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. :\Reports - PC\2007\2-13-07\SD1' 2006-874 Komar\COA SDP 2006-874.doc Page 5 of 14 or the approved equivalents of alternate materials. 22. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 25. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 26. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may 'be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading/Storm Drain Plan 1" = 40' Horizontal Note: Storm Drain Plan to be 1 " = 40' Horizontal, 1 " = 4' Vertical. B. PM10 Plan 1" 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. AReports - PC\2007\2-13-07\SDP 2006-874 KOmaf\COA SDP 2006-874.doc Page 6 of 14 All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, and Raised Pavement Markers (including Blue RPMs at fire hydrants) per Public Works Standard Plans and/or as approved by the Engineering Department. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and that notes the most current California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Precise Grading Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 27. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.ora). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. PRECISE GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 30. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive'Dust Control), LQMC, and D. A Best.Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 'AReports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 7 of 14 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 31. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 32. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 33. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 34. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Parcel Map No. 33960 and as modified for this Site Development Permit. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 35. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 36. If required by CVWD, when an applicant proposes discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is advised that he/she may be required by the District to construct required discharge treatment BMP's per the NPDES Permit per Supplement A. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. The 100-year storm water HGL shall be at 48 foot elevation ± or as determined by CVWD. P:\Reports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc - Page 8 of 14 If CVWD does not approve discharge of stormwater from this Site Development Permit Project through the existing drainage system into the La Quinta Evacuation Channel or the applicant chooses not to indemnify the City as described above, then the applicant is conditioned to retain stormwater and nuisance water on site per the following conditions 37. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event (which ever produces the greatest total run off). 38. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 39. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise as approved by the City Engineer. 40. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 41. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin unless approved by the City Engineer. 42. Stormwater may not be retained in landscaped parkways or landscaped setback lots. only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 43. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 44. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 45. Storm drainage historically received from adjoining properties shall be received and retained or passed through into the historic downstream drainage relief route. PAReports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 9 of 14 UTILITIES 46. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 47. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 48. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 49. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 50. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 51. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 52. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 53. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be, prepared by a licensed landscape professional and shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Community Development Department for final landscape plan review. Said plans shall include all landscaping associated.with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department. NOTE: Plans are not approved for construction until signed by the Community Development Director. PAReports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 10 of 14 54. Specific design and material information proposed for all wall and permanent seating in the proposed outdoor seating areas shall be provided and reviewed in conjunction with the final landscaping and irrigation plans. 55. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51h Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the .private and public street right-of-way. 56. Landscape plans as required under the approvals for Parcel Map 33960 and Specific Plan 2005-075 shall include lighting locations and details of all proposed fixtures and mounting. Berms and Walls shall be subject to review under the City's applicable development standards. 57. Landscape and irrigation plans (three copies) shall be signed and stamped by a licensed landscape architect, or professional landscape designer, subject to the rules and regulations of the Municipal Code. 58. The applicant shall make provisions for the continuous and perpetual maintenance of all private-onsite improvement, perimeter landscaping, access drives, and sidewalks. 59. If deemed necessary by the Community Development Director to prevent soil erosion and provide acceptable slope (maximum 3:1) a short block retaining wall may be required. 60. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. QUALITY ASSURANCE 61. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 62. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 63. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 64. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - ':\Reports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc - Page 11 of 14 Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. LIGHTING 65. A photometric lighting plan shall be completed for all exterior lighting proposed for the site and submitted to the Community Development Department for review and approval. Cut sheets for all fixtures shall be included with the Plan. Said Plan shall be submitted prior to issuance of any building permits and no lighting shall be installed prior to Plan approval. Exterior lighting for the project shall comply with Sections 9.60.160 and 9.100.150 of the Zoning Ordinance. MAINTENANCE 66. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 67. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 68. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 69. Permits issued, under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permits) FIRE MARSHALL 70. Final conditions will be addressed when complete building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Fire Department. All questions regarding the Fire Department should be directed to the Fire Safety Specialist at (760) 863-8886. SHERRIF'S DEPARTMENT 71. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. ':\Reports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 12 of 14 COMMUNITY DEVELOPMENT 72. SDP 2006-874 shall comply with all applicable conditions and/or mitigation measures for the following: ■ Environmental Impact Report 2005-539 ■ Specific Plan 2005-075 ■ Parcel Map 33960 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. No development permits will be issued until compliance with these conditions has been achieved. 73. All trees shall be installed with a minimum of a 24 inch box size with a minimum two inch caliper; and medium shrubs shall be installed with a minimum five gallon size. 74. There shall be a five foot setback between sidewalks and any " spiky plants" as listed on the landscape plan. 75. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 76. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 77. The applicant shall bring all graphic panels back to the ALRC and Planning Commission or approval if it is determined that said graphic panels are not determined to be public art. The ALRC and Planning Commission shall determine if the final graphic proposal is compatible with the building and site designs; no advertising or product representation will be allowed. 78. Building A shall be relocated 5 feet west of the location identified on the site plan dated 1 /31 /07 for a total setback of 10'6" from the easterly driveway. Additional landscaping consistent with the landscaping palette shall be provided in this area and included on the final landscaping plans. 79. Building E shall be relocated 4' 3" east of the location identified on the site plan dated 1 /31 /07 for a total setback of 15 feet from the main driveway. Additional landscaping consistent with the landscaping palette shall be provided in this area and included on the final landscaping plans. 80. The screen wall for the Building A loading area shall be extended an additional 20 feet south from the dimension identified on the site plan date 1 /31 /07. Landscaping shall be provided between said screen wall and the easterly drive consistent with the screen wall landscaping proposed immediately to the north. ,Reports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 13 of 14 81. The applicant shall provide a linear hedge for the following elevations: • East elevation of Building "E" • South elevation of Building "H" 82. The Gleditsia Tricanthos "Sunburst" trees and Gelsemium Sempervirens vines shall be deleted and replaced with low maintenance varieties appropriate for the local climate. 83. Material information and color samples proposed for all decorative surface treatments proposed at driveway entrances and walkways shall be reviewed and approved by the Community Development Director. 84. All mechanical equipment on roof tops shall be screened from view by parapet walls; this includes air conditioning units and fans and blower hoods for food service cooking. 85. No signage is permitted with this approval. A separate permit from the Community Development Department is required for any temporary or permanent signs. 86. Material information and color samples proposed for all decorative surface treatments proposed at driveway entrances and walkways shall be reviewed and approved by the Community Development Director. \Reports - PC\2007\2-13-07\SDP 2006-874 Komar\COA SDP 2006-874.doc Page 14 of 14 PH #C STAFF REPORT PLANNING COMMISSION DATE: FEBRUARY 13, 2007 CASE NO: SIGN APPLICATION 2006-1078 APPLICANT: IMPERIAL SIGN COMPANY, INC. PROPERTY OWNER: REQUEST: LOCATION: ENVIRONMENTAL CONSIDERATION: GENERAL PLAN DESIGNATION: ZONING: BACKGROUND: HIGHLAND DEVELOPMENT COMPANY THE DUNES BUSINESS PARK, LLC. CONSIDERATION OF A REQUEST FOR A SIGN PROGRAM TO SERVE THE DUNES RETAIL CENTER NORTH SIDE OF HIGHWAY 111, BETWEEN JEFFERSON STREET AND DUNE PALMS ROAD ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTION 15311(a) RC (REGIONAL COMMERCIAL) CR (REGIONAL COMMERCIAL) Dunes Business Park was approved as a multi -phased commercial development on a 6.38 acre parcel through Tentative Parcel Map (TPM) 31143 (Attachment 1). The project includes four (4) separate one story buildings on each parcel with a common parking area. The first phase was approved in June of 2005; the approval included a 36,000 square foot multi -tenant building which is close to completion. The second phase was approved in August 2006 for three freestanding pad multi -tenant buildings. SIGN PROGRAM PROPOSAL: The applicant requests a Sign Program be approved for the Dunes Business Park (Attachment 2). The proposed Sign Program provides specifications for building mounted signs, specifications for two monument signs, definitive sign locations, and general standards and provisions for sign construction, installation and maintenance. However, all tenants have yet to be secured, so the program is designed to be flexible while providing for some optional approaches for signing. The proposed sign program is divided in to two sections. The first section is for the Phase I building, located near the north property line (Attachment 3). Signs for this building are proposed on all building elevations. Currently, shopping centers adjacent to the Dunes Business Park do not have building -mounted signs on the north building P:\Reports - PC\2007\2-13-07\SA 2006-1078 Dunes Retail\SA 06-1078 Dunes Retail -STAFF REPORT.rtf elevations. The second section is for the Phase II buildings located along Highway 111 Building -mounted Siqns Building -mounted signs are proposed to be located on the fascia and tower elements of the buildings (Attachment 4) and will not exceed 50 square feet net with logos not exceeding 25 percent of the total area. National or regional tenants with five or more outlets will be allowed to use their standard signage. The signs will be individually illuminated channel letters with single or double lines permitted. Each tenant is allowed one sign per leasehold front. Monument Signs Two monument signs (Attachment 5) are being proposed for the shopping center at 49.5 square feet total. Each monument sign (Attachment 6) will be approximately five feet and six inches in height and nine feet wide. The monument sign will have the name of the shopping center and will have up to six tenant signs. The shopping center only has one entrance of Highway 111 and should be limited to one monument close to the shopping center entrance. At this time, staff does not recommend approval of the monument sign exhibit until it is designed to be compatible with the architecture of the buildings and more details are provided by the applicant. Window Signs Generally, this type of incidental accessory signing is exempt under the sign code, but is addressed here for continuity. Each tenant with entry window facings, facing into the parking lot, is allowed one 18 x 18 inch sign panel area in vinyl letters and the tenant's business hours. Lettering is to be at least 1 inch in height, color shall be white, and shall be face or reverse/second surface mounted. Lettering type shall be Helvetica light or a letter type equal to it. ANALYSIS: In the past, the Planning Commission has been asked to consider larger signs for businesses along Highway 111. There are sign programs that require Planning Commission review and approval to deviate from the approved sign program. The code allows the Planning Commission to grant additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination, and to consider additional height. Staff feels that a provision should be added in the proposed sign program that clearly states that any deviation from the sign program will require the applicant to request Planning Commission approval. In the 'General Requirements, Standards and/or Provisions' section, the following provision should be amended, No. 11 should read: No live and/or simulated animals or humans maybe used on site or within right -of --way adjacent to the subject property as a sign. In order to discourage future tenants from proposing a sign that will extend from one P:\Reports - PC\2007\.2-13-07\SA 2006-1078 Dunes Retail\SA O6-1078 Dunes Retail -STAFF REPORT.rtf edge of a leasehold frontage to the other, the following changes should be made to the Sign Program in the 'Specifications of Building Signs' page 3: No. 11 should read: One sign per leasehold front. Maximum width of sign shall not exceed 75% of the lease frontage or wall width upon which the sign is placed, whichever is smaller. In the same section; the following provision should be added to keep the proposed sign program consistent. with the sign code: No. 13 should read: Sign area limited to one square foot per lineal foot of lease frontage up to a maximum of 50 square feet. The 'Specification for Window Signs' section only allows the tenant to include the hours of operation. Staff feels comfortable in suggesting that the Planning Commission modify the second provision to the following to allow for some flexibility: No. 2 should read: Not to exceed 18" x 18", and include business name and/or hours of operation. In the 'Approvals' section of the proposed sign program, staff recommends that the applicant amend the provision to include that the tenant's proposal must receive written approval by the Landlord/Owner or the Management Company prior to submitting a sign application an prior to issuance of a sign permit by the City of La Quinta. To date, retail tenants on the north side of Highway 111 have not been granted permission to place signs on the north building elevations. This decision was based on the proximity of the buildings to residential areas to the north. Staff recommends that the sign program be amended to prohibit any type of sign on the north building elevation of the Phase I multi -tenant building. Signs proposed for the Phase 2 Retail 1 building should be allowed on the south elevation only if tenant has window frontage as shown on the exhibit. Signs proposed for the Phase 2 Retail 2 building should be limited to one sign per corner tenant for the south and west elevation. Signs for the Phase 2 Retail 3 building should be limited to only signs on the west elevation for interior tenants only. In addition, corner tenants shall be allowed ,a sign on the north and south building elevations or east elevation. Number of signs shall not exceed two per tenant space for corner tenants. Staff feels that only end tenants or corner tenants should be allowed a sign on the east building elevation due to its limited visibility from the adjacent shopping' center. The shopping center only has one entrance of Highway 111 and should be limited to one monument. At this time, staff will not recommend approval of the monument sign until it is designed to be compatible with the, architecture of the buildings and more details are provided by the applicant. P:\Reports - PC\2007\2-13-07\SA 2006-1078 Dunes Retail\SA 06-1078 Dunes Retail -STAFF REPORT.rtf FINDINGS: The following findings can be made in support of Sign Application 2006-1015: A. Sign Application 2006-1078, as recommended, is consistent with the purpose and intent of Chapter 9.160, in that it does not conflict with the standards as set forth in said Chapter. B. Sign Application 2006-1078, as recommended, is harmonious with and visually related to all signs as proposed under the Sign Program, due to the common use of letter type and size, color and location of signs. C. Sign Application 2006-1078, as recommended, is harmonious with and visually related to the subject buildings as the scale of the signs and letter sizes used accentuate the building design. D. Sign Application 2006-1078, as recommended, is harmonious with and visually related to surrounding development, as it will not adversely affect surrounding land uses or obscure other adjacent conforming signs. RECOMMENDATION: Adopt Minute Motion No. 2006 -_, approving Sign Application 2006-1078 with the following conditions: 1. Prior to issuance of the first sign permit, a revised sign program (text and graphics) shall be submitted to the Planning Manager for review and approval. The following items shall be incorporated into the revised sign program: A. Building -mounted signs: a. Phase i. Signage shall be prohibited on the north building elevation of the Phase I building. ii. Signs proposed on the tower element of the south building elevation shall be placed mid -way between the corbel and the arch. iii. Only end tenant or corner tenant shall be allowed a sign, on the west building elevation. No signs shall be placed on the east elevation. b. Phase II i. Tenant is allowed one sign per window frontage on south elevation. The south elevation of the Phase 2 Retail 1 building shows multiple locations for signs. ii. For the Phase 2 Retail 2 building, only end tenants or corner tenants shall be allowed to place a sign on the side building elevations. End tenants or corner tenants are limited to two signs per space iii. For the Phase 2 Retail 3 building, on the south elevation a P:\Reports - PC\2007\2-13-07\SA 2006-1078 Dunes Retail\SA 06-1078 Dunes Retail -STAFF REPORT.rtf sign shall be permitted on the tower element only. The only signs permitted on the east 'elevation will be for the end tenants or corner tenants. End tenants or corner tenants are limited to two signs per lease space. B. Monument Sign:. The applicant shall resubmit a design of the monument sign to be compatible with the architecture of the buildings, include end elevation detail and material information. The redesign shall require approval by the Community Development Director. Prior to installation, the monument sign shall obtain approval from the Public Works Department for visual clearance. C. Sign, area on exhibits is not to scale. Exhibits shall be submitted to scale. Prepared by: Y\40T4NE FRANCO As i ant Planner Attachments: 1. Location Map 2. Site Plan 3. Sign Program 4. Building Elevations 5. Monument Sign Proposed Location 6. Monument Sign Elevation P:\Reports - PC\2007\2-13-07\SA 2006-1078 Dunes Retail\SA 06-1078 Dunes Retail -STAFF REPORT.rtf ATTACHMENT #1I' ATTACHMENT #2 The Dunes Sign Program Sign Program: The purpose of the Sign Program is to ensure: design, guidance, production, implementation, consistency, quality coordination, proportion, enhancement, image and compatibility between all signs within the Sign Program area. As such, the Sign Program is intended to address placement, color, style, sign material, integrity, and their consistency on the property. This program also serves to communicate particular tenant sign parameters to compliment the project as a whole, while achieving a unified, attractive balanced appealing signage. Although the Sign Program exhibits establish the letter and sign dimensions, the Sign Program is not intended to substitute Chapter, 9.160. Of the City of La Quints Zoning Ordinance. Applicability: , A sign program is a coordinated sign plan for an individual building or a goup of buildings. For those signs requiring a program, no permit shall be issued for an individual sign unless and until a Sign Program for the lot on which the sign will be erected has been submitted and approved by the City in conformance with the City of La Quinta Sign Ordinance. General Requirements, Standards and/or Provisions: All signs shall be constructed, installed and maintained in accordance with the following standards: 1. All sign (s) shall comply with the Sign Program, current local zoning, meet the provisions of the Uniform Building and electrical codes, be maintained in good structural condition and appearance, and MUST BE Underwriters Laboratory (U. L.) and BEAR the U. L. listing. 2. The tenant, tenant's agent and/or the tenant's sign contractor and/or general contractor shall be responsible for obtaining any and all permits required. 3. Former tenant (s) shall be responsible for the removal of the signage, including: sealing, patching, painting, and electrical disconnect (s). Removals to be completed within a 10 (ten) day period of lease termination at the tenant's expense. It is required that you use a sign contractor for signage and signage component removal and electrical disconnect, and a painting contractor for finishing and painting work. All repair work must match the building color and texture. Working area must be left in a neat and clean condition. 4. No audible, flashing, animated, moving, pulsating, electronic and/or search lighting or sign (s) not specifically mentioned herein shall be permitted. 5. It is the responsibility of the owner, owner's agent, or owner's representative to verify all sign locations and/or field conditions, conduit and primary electrical locations and services, prior to installation of any sign (s). 6. No exposed raceways, crossovers, conductors, wiring, or junction boxes. Transformer boxes will be used to cover and/or conceal transformers. All bolts, fastenings, and clips shall be non "rust prone" and painted to match the exterior building color permitted. EXCEPTION (S): WHEN THE DESIGNATED SIGN LOCATION (S) HAS SUPPORT BEAMS, NO ACCESS, AND/OR A NON -WORKING AND/OR BUILDING INSPECTOR AREA BEHIND THE DESIGNATED SIGN LOCATION. THE, CONTRACTOR MAY USE A RACEWAY THAT IS IN KEEPING WITH THE: ARCHITECTURE OF THE BUILDING. THE SIGN FACILITATOR/"RACEWAY" SHALL ENCOMPASS SIGNAGE, STAY WITHIN DESIGNATED SIGNAGE AREA, AND NOT EXCEED/PROJECT FROM LETTERING. 7. Sign Contractor must have the following: General Liability Insurance, Workers Compensation, Contracting and City Business License. Tenant will be responsible for its sign contractor to indemnify, defend and hold harmless the Landlord and its agents from any damage or liability resulting from the contractor's work. Tenant will also provide adequate evidence of the sign contractor's insurance coverage, naming the landlord as additional insured. 8. Sign labels that pertain to construction and installation shall be permitted and placed in a conspicuous location for inspections and/or emergencies. 9. Penetrations of the building structure required by installation (s) shall be neatly sealed in a "water tight" condition and painted to match exterior surface. 10. Sign (s) shall have access and/or adequate "crawl space" for inspection (s) and servicing. 11. No live and/or simulated animals or humans may be used as a sign. 12. No sign (s) shall be permitted that pose a nuisance or hazard. 13. No exposed neon, lamps; tubing, and/or bulbs, shall be permitted. 14. Roof sign (s) or projected sign (s) shall not be permitted. 15. Temporary identification signs such as: construction, developer, seasonal promotions and/or compliance non -illuminated advertising displays are permitted as per La Quints City Code. Some time restrictions may apply. 16. Sign (s) that project onto the public right-of-way shall not be permitted. 17. The tenant will be responsible for the maintenance of their sign (s). Repairs may be required within 30 (thirty) days of needed repair/servicing. If not mitigated within 30 (thirty) days, the Landlord may repair and/or service the sign at the tenant's expense. 18. Owner shall reserve the right to have architectural control. FA Specifications for Building Signs: I Signs shall be individually illuminated Channel letters. 2 Matte Black painted Aluminum letters with standard color trim cap. 3• Colors: ,As approved by City or DRB. 4. No two adjacent signs shall be the same color. 5. Lettering type style shall be Helvetica light or equal, or as approved by City and developer. 6• Single or double line shall be permitted.. 7. Sign illumination may range from 4500 - 6500 neon or equal with 30 MA transformers. 8. National or regional tenant (s) with 5 or more outl signage. ets (s) will be allowed to use their standard 9. Sign square footage not to exceed 50 square feet net. Logo not to exceed 25% of total area. 10. All signage to be within designated area as shown on elevations. I I •. One sign per leasehold front. Comer location may split within sign area - as expressed on exhibits. 12. See exhibits for material and location requirements. Specifications for window signs (Secondary) I One for parking lot side only. 2• Not to exceed 18" x 18", and includes hours of operation. 3• Copy shall be machine cut vinyl lettering. 4 Lettering to be at least I" in height. 5. Lettering type to be Helvetica light or equal. 6• Lettering to be face or reverse/second surface mount. If tinting prevails on a window, it is recommended that a face application process is used. 7. Lettering color to be white. Submittal Requirements: A sign application consistent with this program shall consist of the following: For each proposes sign application on the building, the following shall be specified or drawn to scale and dimensioned plans: A) A dimensioned location of each sign in the building and/or property. 3 13) Sign dimensions including letter height, color, sign length and sign projection from the building. C) Color scheme. D) Type style or graphic style. E) Material being used. F) Method of installation/attachment/cross section. G) Site plan indicating the location of the occupant space on the site. H) Fabrication and installation details. All permits for sign (s) and their installation shall be obtained by the owner and/or its representative (s). La Quinta Professional Plaza and/or its representative shall satisfy all requirements and specifications herein. Binding Effect: No sign shall be erected, constructed, installed, displayed, altered, placed or maintained except in conformance with this program. In case of any conflict between the provisions of this program and any other provisions of Chapter 9.160 of the City Zoning Ordinance, the City Zoning' Ordinance shall prevail. Approvals: The design and construction of the tenant's signage must receive written approval by the Landlord/Owner or the Management Company and the City of La Quinta before fabrication and installation. The owner's or manager's written approval shall be submitted to the City, along with a completed City application, approved plans, and fees. Owner's approval shall be based on the following: 1. Conformity of the Sign Program established for the center including fabrication and method of installation. 2. Complete information, i.e. contractor's name, company name, address, license number, and workers compensation number. To secure the owner's approval, three (3) copies of the design drawing of the signage must be submitted directly to the owner or Management Company. Final Inspection of Sign Installation: The installing sign contractor shall call the City for a final inspection after having installed the sign. 2. The Final Inspection Card must be maintained on file with the sign contractor. 3. Signs that deviate from this Sign Program will be removed at the tenant's expense. N W Q r ATTACHMENT #3 y C1. L .7 m T N E m Ix �r 3 i�i" g tb a s t r., �4 Vf A•Y e h� 2 a_ f Y:f it 1 F Z 21jj1a xlaa ' a t z` k w S m �i 0 t t � A'i j$�a[ ♦ Y� Fj 3 In S { z� p W [(yF WI ¢ — 3 of s� ji} Y tf � w� t { t o! ay yh i Q}u tl x Z it W �Z. a i< eta +a c r.^"f"Y gyp • T a | (, �� 2� \ ( 2/\ 2 � N ome C NNt9 .. a¢aa� N pip 10 �ann� I w 4 O o� TaT 4 OF T41F'� TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, CW.Lnm Development Director DATE: February,6, 2007 SUBJECT: Discussion Regarding Sphere of Influence East of City Limit The purpose of this report is to provide the City Council with.an update on progress regarding Fiscal Considerations, Memorandum of Understanding with the County, Professional Services, Strategic Plan, Vista Santa Rosa Task Force activity, Airport Land Use Plan for Jacqueline Cochran Airport, and the South Valley Parkway. City Council Subcommittee Since the last report of January 16, 2006, the Subcommittee met on January 24, 2007. Meeting topics consisted of an update on the Countyfiscal discussions and negotiations, Memorandum of Understanding for the SO[ area, and the strategic planning process. Fiscal Considerations City and RSG staff have prepared a series of fiscal models to evaluate three land use density scenarios to evaluate fiscal consequences of potential annexations. Fiscal models considered a range of residential land use density ranging from 1.5 to 3.0 dwelling units per acre. Additionally, several annexation options have also been; modeled including three separate annexation areas (as directed by the City Council) and a Monroe Street Corridor Plan (Attachments 1 and 2). All fiscal models result in a significant shortfall of revenue due to the amount of residential land and the lack of commercial development opportunities. - Few options exist to generate additional revenue for the following reasons: • Location of the SOI relative to commercial development opportunities; • Low property, tax rate for areas outside of the Thermal Community Redevelopment Area ("County RDA"); • The County RDA covers approximately 85% or 6435 acres resulting in virtually no property tax. In the remaining area, the City would receive $0.07 per $1.00 of property tax. • Cost of public safety services and broad geographic service area; and • Lack of infrastructure and need to reconstruct virtually all existing roadways (approximately 33 miles of Arterial and Secondary thoroughfares). City staff is prepared to present a summary of the various fiscal models during the City Council meeting. As noted above, the fiscal models are complex and are based upon a number of assumptions. At the direction of the City Council, staff has met with Riverside County staff on two occasions to discuss opportunities to enter into a Pre -Annexation Agreement with the County and the County RDA. City staff initially presented a proposal to the County staff and requested County financial information in order to conduct a detailed evaluation of potential annexations. Key elements of the City proposal are as follows: 1. La Quinta to receive a percentage of the post annexation tax increment revenue. This revenue would need to be paid into the La Quinta General Fund. 2. La Quinta receives 100 percent of the County ,Fire and Library post annexation tax increment revenue credited towards fire and library services. 3. The County .would commit housing fund tax increment revenue generated in the annexation area towards affordable housing development that benefits both the County and La Quinta affordable housing programs. 4. The County,. and City mutually explore legislation that provides for both Redevelopment Agencies to receive credit for affordable housing development, with La Quinta's RDA receiving a one for one credit for units that it funds.: 5. The County will fund capital improvements in the annexation area with post annexation tax increment revenue not pledged above. 6. The County Development Impact Fees generated in ,the Sphere of Influence to allocated to the S01/annexed lands. 7. Community. Facilities District and/or Road and Bridge Assessments will have a defined area of benefit to keep funds in the S01/annexed areas. 8. Capital. Improvement Program records and financial statements to be made available to the City. 9. The City drafts the agreement(s) that implements the above transactions. On December 19, 2007, prior to a second meeting with. City staff, Supervisor Wilson sent a letter in response to the City's discussion proposal (Attachment 3). The letter rejected virtually all of the City's funding options and stated that the County would work with the City on a case by case basis `on RDA capital facility funding and on future affordable housing opportunities. Supervisor Wilson's letter indicated the City could receive funding for fire and library services. City staff scheduled a second meeting with County staff to ,discuss this letter and seek clarification on several points. County staff verified that the funding the city was seeking would not be available to the City, including fire and library funds. Based upon the Supervisor's letter and follow-up meeting, it is apparent the County will not assist the City with any direct funding that would assist in providing public services. Some funds could be available, on a case by case basis, for capital facilities. Additionally, some of the County revenue including, tax increment, fees, and possible road and bridge assessment districts, will be utilized to fund improvements outside of the S0L In conclusion, without County assistance, the amount of tax revenue that could be generated in the SOI cannot support the cost of future City services and capital expenditures. Reducing density, even dramatically, will reduce costs, but cannot eliminate the imbalance in revenue versus expenditures.' The only option available to attempt to reduce the fiscal gap is one-time pre - annexation fees, community services districts (CSD), community facilities district (CFD), or special taxes. For residential development the gap may be greater than the market can accept. In addition, if the City Council directed staff to amend its current policy prohibiting assessment districts for residential projects, this funding mechanism has a number of limitations that will need to be evaluated.. Based upon a very detailed fiscal evaluation, it is apparent that annexations will not be revenue neutral or positive and the existing General Fund revenue would have to be committed to this area if it were annexed. Riverside County - Memorandum of Understanding City and County staff have been working on a number of edits to the proposed County/Cities MOU Regarding Land Use Planning Standards and Entitlements. The City initially submitted comments and County staff responded with concerns that this document needed to cover all cities and that some of the City's concerns were specific to the SOL Staff responded by removing the areas`of concern noting that the County suggested that specific concerns such as fiscal issues could be addressed in a Pre -Annexation Agreement. Subsequently, the revised document (Attachment 4) was provided by County staff. This revised document included a series of additional edits by County staff. Since these are new items, (shown in blue) City staff has asked if all County Departments have approved these revisions. County staff indicated additional comments maybe forthcoming. Based upon this, City staff has asked the County staff to submit all edits so a final County proposal can be reviewed and presented to Council. A key component is the added language on Page 2, ItemII.A.1., by the County staff as follows: "The term 'strict' will be limited density, height requirements." Staff has expressed concern that this is too limiting, and is inconsistent with initial discussions with County staff. Additionally, on Page 4, Item II.B.2., the City requested a 45-day review time; the County responded with a 30-day review time with the option for an additional 30-days under the. project is a Board of Supervisors "Fast Track" project. Staff suggested 45-days so the Planning Commission and City Council would have time to review the S01 development proposals. County staff has indicated that it will have a revised draft by next week. Professional Services — Budget Implications Shortly after the LAFCO decision in late April, 2006, City Council directed staff to proceed with analyzing the potential annexation of the approximately 8,000 acre SOL Since then,' consultant services have been rendered to assist staff with a fiscal analysis, strategic planning, and an infrastructure deficiency study. A summary of each service and associated funding is provided below: ■ Fiscal Analysis .- RSG has been assisting staff with the financial analysis of. annexing the SOL The analysis has been based upon using three land use density scenarios. A substantial amount of work has been conducted on this task. The budgeted amount for this service is $75,000. ■ Strategic Plan -' RBF was retained late last summer to assist city staff with the development of a strategic plan for the SOL Following completion of a community workshop in early December, staff proposed extending the scope to provide greater detail regarding land use, design and development standards for the SOL At the January 16, 2007 meeting, the City Council approved a contract extension allowing for a process to complete these tasks. Approximately 40% of the work items have been completed to date with a second community workshop scheduled for February 3, 2007. Total budget amount for this service is $120,825. ■ Infrastructure Deficiency Study — Katz, Okitsu & Associates was retained in December to prepare a deficiency study for the road infrastructure within the SOL A kick-off meeting was recently conducted for this service with only a limited amount of work conducted to date. Total budget amount for this contract is $80,330. In addition to these. three services, an additional work item to establish a plan of services for LAFCO has also been identified and a budget, amount of $100,000 established. This work item has yet to commence. Strategic Plan - S01 Workshop A second Community Workshop has been scheduled for Saturday, February 3, 2007 from 9:00 a.m. to 3:00 p.m. at the La Quinta Senior Center. The purpose of this all day workshop is to provide opportunity for all parties interested in the future of the S01 to give their input on the future land use, design and development standards for the S01 area. The workshop agenda includes group presentation followed by two small group breakout sessions that will focus upon design and map details. The land use design and development approach for the SOI will be form based, which relies heavily upon design standards supported by illustrations. A copy of the meeting agenda is attached (Attachment 5). Staff will provide an update at the City Council meeting. Draft County VSR Land Use Plan - VSR Task Force County staff continues to work with the VSR Task Force members in reviewing the Draft Land Use Plan for the entire VSR area. Just prior to the January 25, 2007 Task Force meeting, County staff provided Task Force members with a revised land use concept map and specific text further explaining the land use concept, policies (including planning areas), transitions and buffers, as well as open space and community amenities. Copies of the map and text are attached (Attachment 6). Discussion during the meeting focused upon differences between the proposed concept map and the County's existing land use policy, transitional buffers, and density transfers. Several members expressed their strong desire to maintain the current overlay boundaries "as is" and to see those areas outside the overlay boundary maintain a low -density similar to the current density of one unit to five acres. Concern was also raised with regards to the potential for density increases or bonuses. Other members questioned the very low -density residential designation proposed north of Avenue 62 west of the proposed lifestyle corridor. Task Force members asked County staff to conduct a residential unit and commercial square footage count for the proposed concept map. Task Force members also expressed concern with the road infrastructure in VSR; more specifically regarding design and potential impact from the South Valley Parkway development proposal. The February 1, 2007 Task Force meeting is devoted to the South Valley Parkway with emphasis upon the traffic modeling, proposed transportation infrastructure improvements and funding for the VSR area. The Task Force draft comments on this planning effort are attached. (Attachment 7). Airport Land Use Commission - Jacqueline Cochran Airport City staff attended a workshop conducted by the Riverside County Airport Land use Commission (ALUC) on January 24, 2007. The workshop discussed the Commission's role in land use decision making process. County staff and ALUC Commission Chair Housman gave a brief overview of their role in land use policy, their need to review plans, and their concerns with land uses around airports. ALUC staff explained the six airport influence area zones surrounding the airports. Specific to Jacqueline Cochran Airport and the City's SOI11 Zone D influences the eastern segment of the SOI southwest of the Airport Boulevard and Harrison Street intersection. Zone D restricts residential densities to over 5+ units per acre or one unit per five acres. Commercial density is also constrained; limiting the number of people per acre to not exceed 100. In addition, buildings and uses that would accommodate large assemblies (schools, hospitals, sports arenas, etc.) are either prohibited or discouraged. The development standards for Zone D will impact future land use in this segment of the S01 and will be incorporated into the strategic planning effort currently underway. South Valley Parkway and Land Use Plan City staff continues to monitor the progression of the South Valley Parkway development proposal. The City staff is drafting a letter commenting on the South Valley Parkway Traffic Study Preliminary Draft Report expressing concern with the lack of detailed information necessary to fully assess the potential impact of the proposed development and the county's pr oposed Phasing Plan. City staff has received the information made available to the South Valley Parkway meeting group and is currently in the process of reviewing the material. To date, the material includes transportation, parkway design, and agriculture conversion. City staff has heard that a community phasing and transportation funding program is tentatively scheduled for presentation to the Riverside County Planning Commission in March and the Board of Supervisors in April. The City Council may want to invite County and landowner representatives to make a presentation at an upcoming Study Session. Attachments: 1. Annexation Option A — Council direction 2. Annexation Option B - Monroe Street Corridor Plan 3. Supervisor Wilson's I fitter dated December 18, 2006 4. Revised MOU . 5. SOI Workshop Agenda 6. County's Revis ad Land Use Concept„Map 7. Task Force draft comments on Traffic Study ATTACHMENT 3 . 88 if 61tlt 1h RlvFasme Otn7cx: DLmucr Oelrt 2 6 Z006 4080 Ls street, Sth Floor 6 73-710 Fred Waring Dri Salle 222 Riverside, CA 92502-1647 - , a Pahn desert, CA 922,E¢2574 (951) 955-1040 (760) 863" 11 city or LP wlhid Fax (951) 955,2194 * ' ; Fax (760) 863-8905 SUPERVISOR ROY WILSON FobRTH Dnmcr December 18, 2006 Thomas P. Genovese La Quinta City Manger 78495 Calle Tampico La Quinta, CA 92260 Dear Tom, I appreciate you and other La Quinta City representatives meeting with County staff to discuss annexation issues pertaining to the Vista Santa Rosa (VSR) community located within your city'.s SphereofInfluence (SOI). During the meeting that took place on October 27, 2006, you submitted alist of proposals, some of which the County is in a position to support, and .-some of which we clearly cannot. . Xour requesffor �10%'' of t]Le tax increment is one that cannot be accommodated. have.apparently placed"uest on the table based on an existing agreement `( between the Coun Redevelopment Agency (RDA) and the City of Corona. That ." earlier agreeme , however, was based on post -AB 1290 (33607.5 of the Health and . Safety C, e) regulatiogs, anq the Thermal RDA was established prior to passage of AB 1290: The C64i ty`s' tandard'is to grant 25 percent of its portion of the base property tax to the annexing city. The County cannot place itself in a position of setting a precedent that all cities would pursue. - ..,,Moreover, the City of Corona, in order to obtain a 25 percent share of the A. 0Cdunty's approximately'10 percent portion of the 20 percentpass-throughon the tax .-Incrementcame about only after the City agreed in a separate MOU to provide additional ^` ' �apecfied services... The County's RDA is willing to consider providing funding for projects within the boundaries of Vista Santa Rosa ,where 'it overlays with the Thermal Sub -Area of the Desert Communities Redevelopment Project Area (Project Area). 'Funding will be considered on a case by case basis based on need and funding availability. Approval of each project is subject to the consideration and approval of the County RDA Board of Directors. Thomas P. Genovese La Quinta City Manger December 18, 2006 Page 2 Your proposal that the City receive 100% of the County Fire and Library post - annexation increment for fire and library services is a standard provision in most annexation agreements, and we would therefore concur with this request. City staff requested that the County's RDA commit 201/o housing funds towards affordable housing projects in the annexed portion of the project area for the benefit of the County's RDA and La Quinta. The annexed portion of the Project Area will continue to be eligible to receive housing funds from the County's RDA for the purpose of benefiting the project area. However the County's RDA cannot impose its affordable ._housing obligation on La Quinta and therefore cannot build.anything.for the benefit of La Quinta. This request seems to imply that La Quinta is asking to receive credit in the HDC production obligation for projects that the County's RDA funds. This is not possible and we cannot agree. The County is willing to consider supporting special legislation from the State that would allow the City to overcome the two -for -one affordable housing provision or mutually -exploring legislation that provides for both the County and,City RDA's to receive one -for one credit for housing units that each funds. Vista Santa Rosa is part of the Coachella Eastern Area plan of the master plan. Developer impact fees that have been generated from this area are already committed to projects that either directly or indirectly benefit the Vista Santa Rosa community. We therefore cannot support carving out portions of this funding. There are no existing Community Facilities Districts (CFDs) or Road and Bridge Assessment Districts (RBBDs) in the Vista Santa Rosa Area, but the County is willing to support the creating of zones of benefit within any proposed CFDs or RBBDs. This should satisfy your staffs request of defining areas of benefit to keep these types of finds in the SOI/Annexed Area. I hope that this letter clarifies the. County's position regarding the various proposals you have submitted to us. Supervisor rside ATTACHMENT 4 COUNTY/CITIES MEMORANDUM OF UNDERSTANDING REGARDING LAND USE PLANNING STANDARDS AND ENTITLEMENTS Draft: City of La Quinta Auguet14. December 18,_ 2006_Edite Revisions _ _ _ - - - J Deleted: t I. This Memorandum of Understanding (MOU) is entered into with reference to the following facts: A. Representatives of the County of Riverside (County) and cities of Riverside County (Cities) have met and have, in good faith, agreed to enter into an MOU concerning the Riverside county Integrated Project and its effects upon the County and the Cities. The County intends this MOU to be available at this time to the following Cities: Banning, Beaumont, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quints, Palm Desert, Palm Springs, and Rancho Mirage. B. The Riverside County Board of Supervisors acknowledges the need to work cooperatively with Cities on issues of land use, mobility, economic development, recreational facilities including trails, other public facilities, and open space and wildlife habitat protection and conservation. Riverside County has been, and will. continue to be, one of the fastest growing regions in California. Economic forecasts project that Riverside County will approximately double its population in the next 20 years. To accommodate the current high level of growth in our region, County and cities need to develop common goals and approaches to deal, with new development. It Deleted: ing MOU shall only be significant proiects involving a high degree of discretion. This MOU is not expected to apply to minor proposals It is understood that time frames or processes provided for under the California Environmental Quality Act (CEQA) or mandated by state law shall supersede this MOU. D County and Cities hereby agree to_various understandings, goals, _ - - - Deleted: c ..... _ and actions that will facilitate their cooperation in the planning and development of Riverside County. These agreed upon points - - Deleted: Cities have conditioned _ _ - may be implemented through the County's General Plan, adopted their support for the Riverside County Integrated Project, which in 2003, the General Plans of Cities, and through various addresses transportation, multiple implementing ordinances and policies of both County and Cities, species retailer conservation, and County General Plan Land Use Element Policies No. LU 1.3, LU land use planning, to the resolution of city/county issues. 3.3, and LU 4.1. generally require the County to coordinate with cities on development review within city spheres of influence, and require a number of specified standards for planning and design for development proposals within city spheres of influence. This MOU is intended to establish a mechanism whereby the County and Cities will cooperate in the implementation of each other's General Plan. Deletedc we require the County ----------------------------------- end Cltles in the lmplemenluon of - the County General Plant II. Representatives of County and Cities have reached an understanding as to certain policies to be adopted and actions to be undertaken by both County and Cities. Therefore, County and cities agree as follows: A. County Actions: 1. County, will adopt a policy setting forth more specific land use development standards within city spheres of influence, , whereby a city's land use development standards would be implemented where they are more strict than the County's standards and the County's standards would be implemented where they are more strict than a city's standards. The term "strict" will be limited density, height requirements. Prior to the adoption of the 2008 update of the County General Plan, County will strive to establish in city spheres of influence development standards that are mutually agreeable to both County and Cities and that are consistent with County General Plan (as amended). Where differences arise in standards that directly affect public health and safety, County in all instances reserves the authority to apply standards that in its sole, judgment are consistent with its basic responsibility to protect the health, safety and welfare of the public. 2. County will adopt a policy and implement standards to provide that new development occurring in unincorporated areas will "pay its own way" in accordance with a County Community Facilities and Services Plan, which County intends to adopt along with or prior to the 2008 update of its General Plan. The phrase "pay its own way" means that development pays its initial capital cost of infrastructure improvements. The County _ ;'0 will establish programs that will be continuing obligations of the / f J C:\Documents and Settineslvmuniz\Local Seefnas\Temporary Internet Files\OLK3\December 18 flevision.DOC - I Deleted: t Deleted: CADocuments and Settings\mafelix.RCBOS\Desktop\) ecember 18 R"131on.DOC Inserted: CADocume rls and Settings\matelix.RCBOS\Desktop\D ecember 18 Revislon.DOC Deleted: hops://owe.co.riverside.c a.us/Exchange/DanMartinez/Inbox/F W: Sol MOU.EML/1 multipart_xFBFF 2 De camber 1 Revision.DOC/C58EA28C-18CO- 4a97-9AF2- 038E93DDAFB3/DecembwI Revision.DOCtattech m 1 County utilizing a Community Facilities District (CFD), County Service Area (CSA), or other ongoing funding mechanism, subject to the requirements and limitations of Proposition 21 B. The use of Homeowner Associations (HOAs) will be limited to services or facilities servicing only specific groups of property owners involved with the WAS. 3. County.desires to jointly plan with Cities in unincorporated areas adjacent to Cities. To facilitate this cooperative effort, County will inform cities through appropriate transmittal to Ci influence and if not within a sphere of influence, within one- half mile of the city limit. Additionally, County will not approve any residential tract map, major commercial or industrial project, or project requiring a change of zone or a general plan amendment that is inconsistent with a City's adopted general plan for its sphere of influence until: a) the appropriate City staff and the project applicant have met, if a meeting is desired by City to review the subject development proposal, and b) City has been provided a reasonable opportunity to review the proposal and provide County with any comments or recommendations that it may have regarding the proposal. The purpose of the referenced meeting and/or review is to develop land use planning entitlement requirements regarding the project that are agreeable to both the County and City, that will be submitted to the County Planning Director or Planning. Commission, as appropriate, for review and action, or submitted as a recommendation to the Board of Supervisors for action. County agrees to direct project applicants to actively work with Cities to facilitate City review of their proposals, which may include meetings with City, providing to City all site plan, architectural, and other information normally required by County, and such additional reasonable information as may be determined necessary by City to properly complete its review. County agrees to provide Cities with notice of all public hearings regarding projects affected by this MOU. County will incorporate City comments and recommendations into projects and under all circumstances present the City recommendations to the.applicable County decision— making authorities. i 4 County agrees to review all development proposals in the City located within Y2 mile of the city limit adjoining an unincorporated area that are transmitted to them by City, and, in each case provide to City a letter stating any comments or recommendations that they may have regarding a development01 proposal County agrees to complete project reviews and C-mocuments and setfings%yinunizWocal SettingsNTernporary Internet Filea\OWNDecember 18 Revision.DOC Welled: CADocumenta and Um,ted; C:\Documents and . Deleted: https:/Iowa.co.ri"rside.c a.us/Exchange/DanMardriW/Inbox/F w: sot MOU.EMUt muldpart_xF8FF 2-De camber 1 Revision.DOC/C58EA28C-18CO- 4a97-9AF2- 038E93ODAF83/December 1 Revision.DOCTattach =1 agreed upon review and comment period, t, ty may proceed with its normal development review process, including conducting a public hearing and acting to approve approve in modified fashion and/or with conditions, or deny the case, whether or not City has been provided with written County comments or recommendations. When a case is set for public hearing City will provide County with advance notice of said hearing. B. City Actions ------------------------------------- ' 1 _ Cities that are members of CVAG will support and work in_good faith with County and CVAG to update and implement the Transportation Uniform Mitigation Fee ITUMF) for the Coachella Valley, or continue with the current alternative transportation funding program. 2 _ Cities agree_to review_all development-proposals_within their _ _ _ _ spheres of influence that are transmitted to them by County, and, in each case, provide to County a letter stating any, comments or recommendations that they may have regarding a development proposal. Cities agree to complete project reviews and provide to County their letters of comments or recommendations by the due date for a response that is specified in the project transmittals. The Cities upon written request may be provided an additional 30 days unless it.is formally a "Fast Track" project as approved the Board of Supervisors. Cities agree that at the end of an agreed upon_ _ review and comment period, County may proceed with its normal development review process, including yonducting a_ public hearing, Ald acting_to approve, approve in modified -- fashion and/or with conditions, or deny the case, whether or not County has been provided with written City comments or recommendations. When a case is set for public hearing, County will provide City with advance notice of said hearing. ! is 6 will F8Yi@W Eli n ui „i 0 C,\Documents and S tti q \v ' \Loc I Soning§\Temporary Internet Files\OLK3\December 18 Revision.DOC Deleted: f - 1 1.. Each respective City Council of each City that is a member of the Coachella Valley Association of Governments icVAG) will consider adoption of a Resolution in support of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) when such plan has been approved by the CVAG Executive Committee.( t 2.. Cities that are members of CVAG will support and work in good faith with County and CVAG to develop and implement the CVMSHCP. Deleted: 3 Deleted: 4 Deleted: ies Deleted: in the project in the project transmittals which shell be a minimum of 45 days, or such other reasonable period of time agreed to by both County and Cities. Deleted: setting a case for Deleted: , conducting the hearing, Deleted: a Deleted: C:\Documents and Setlings\rnafelix.RCBOS\Desktop\D ecember 18 Revision.DOC Inserted: CADoctrments and ecember. 18 RavIskm.DOC Deleted: hitmnowa.co.riverside.c a.us/Exchange/DankUninez/Inbox/F w: Sol MOU.EMU7 multipart _xFBFF-2 De camber 1 Revision.DOC/C58EA28C-18CO 4a9)-9AF2- 038E93DDAFe3/December 1 aFBa. (Revised to incorporate II.A.3. provsions instead of asking cities to adopt a "companion policy.") C. Ity desires_to jointly plan with County in C• ity areas located _ within t/2 mile of a City limit adjoining an unincorporated area. To facilitate this cooperative effort, City will inform County, proposals in the City within %g mile of an unincorporated area. Additionally,. the City will not approve any residential tract map, major commercial or industrial project, or project requiring a change of zone or a general plan amendment that is inconsistent with a Count v adopted general plan for. an adopted sphere of influencepntil: a)_the appropriate. County staff and the project applicant have met, if a meeting is desired by, County to review the subject development proposal, and b), County has been provided -a reasonable opportunity to review the proposal and provide Lill with any comments or recommendations that it may have regarding the. proposal. The purpose of the referenced meeting and/or review is to develop land use planning entitlement requirements regarding the project that are agreeable to both the County and City, that will be submitted to the City Community Development Director or Planning Commission, as appropriate, for review and action, or submitted as a recommendation to the City Council for action. agrees to direct project applicants to actively work with, _ Count to facilitate, County review of their proposals, which may include meetings with`nty, providing to Co• wity all site plan, architectural, and other information normally required by C, ity, and such additional reasonable information -as may be determined necessary by, County to properly complete its review. C, � agrees to. provide County with notice of all public hearings regarding projects affected by this MOU. Gity will incorporate County comments and recommendations into projects and under all circumstances present the Count\, recommendations to the applicable LL decision — making authorities. 4 The City will inform the County and provide the chance to comment on all pre -annexation development proposals submitted to the City but within unincorporated areas. County shall be given at least 21 days to respond after notification by u the City. " n C. Joint City/County Actions: yi p, C,1Dmurnents and setflngs\yrnuniz\Local settinwTernporary Internet FileMOLMDecember 18 Re rision.DOC Deleted: County Planning ^Deleted: Board of Supervisors Deleted: County -_Deleted: Cities Deleted: City - — — Deleted: City Deleted: City — — ...Deleted: County -- -- `Deleted: City Chien Deleted: City Deleted: City Deleted: County . Deleted: C:\Documents an Settings\matetix.RCBOS\Desktop\D ecembar 18 Revision.DOC Intated: CADocuments and Settings\mafelix.RCBOS\Desktop\D ecember 18 Revision.DOC Deleted: httpsWowe.co.riverslde.c a.us/Exchange/DanManinea/Inbox/F W: Sol MOMEMU/_mult1pert_xF8FF_2 De cember 1 Revislan.DOC/C58FA28C-18CO- 4a97.9AF2- 03BE93DDAF83/December 1 Revision.DOCTaltacha 1 1. County and individual Cities will jointly establish a practical, standard procedure that both Cities and County will follow to implement the joint project review process. The procedure will define the range of projects to be subject to joint review. 2. No additional review or permitting fees will be imposed on developers due to implementation of this MOU. J_ County and, Cities agree to implement the foregoing _p licies_and _ - Deleted: 2 actions as soon as practicable. Il. This MOU shall take effect upon approval of the governing boards of County and Cities. County of Riverside City of La Quinta Chairman Mayor Riverside County Board of Supervisors u� or n� P ✓ C:\Documents and Settings\v ' \L I Setfings\Temporary Internet Files\OLMDecember 18 Reviesion.130C I Deleted: CADocuments and ecember 18 Reviebn.DOC Inserted: C:\Documems and I ecember 18 Re~n.00C Deleted: https://ows.co.ri"rside.c a.us/Exchange/DanMertimz/lydrox/F W: Sol MOU.EML/1 multipart_xF8FF_2 De camber 1 Revuion.DOC/C58EA28C-18CO- 4a97-9AF2- 038E93DDAF83/December 1 ATTACHMENT 5 City of La Quinta Vista Santa Rosa Community Workshop La Quinta Senior Center 78-450 La Fonda La Quinta, CA February 3, 2007 9:OOam to 3:60pm Agenda 9am - 9:15am Welcome & Purpose of the Day ■ Purpose of Community Workshop • Update on La Quinta's Planning Process for VSR 9:15 9:45am Approach to the VSR Code ■ Introduction to Form -based Codes ■ Introduction to the VSR Transect ` ■ Contents of the VSR Code ■ Community Roles in the Code 9:45 — 12:30pm Transect Design Details: Teamwork#1 ■ Teams Organized By Transect Interest • Community Preference Survey o Street Attributes o Types of Public Spaces o Building/Street Frontages o Building Types o Neighborhood Characteristics o Town Center Characteristics o Village Center Characteristics o Public Frontage Setback Treatments o Collector Street Designs o Gateway Treatments 12:30 — 1:00pm Lunch Break 1:00 - 2:30pm The VSR Transect Map: Teamwork#2 ■ Teams Organized to Include Diverse Interests ■ Review and Refine Draft VSR Transect Map 2:30 — 3:OOpm Questions, Closing Comments, Next Steps & Comfort Level ■ 20-minute Q&A Between Community & City/Consultants ■ 3-minute Next Steps ■ 3-minute Comfort Level Exercise 0 4-minute Closing Comments ATTACHMENT 6 VISTA SANTA ROSA COMMUNITY LAND USE CONCEPT PLAN ` Revised Draft: January 19, 2006. The Vista Santa Rosa (VSR) community was recognized by the Riverside County. Board of Supervisors in 2001, with the establishment of the Vista Santa Rosa Community Council. In 2003, when Riverside County adopted its General Plan, Vista Santa Rosa was provided with its own special land use policies. At the time of the adoption of the General Plan, however, the land use plan was not completely finished. It is the purpose of this VSR Land Use Concept plan to provide more detailed' guidance for development activities in the VSR community until the adoption of the next major General Plan update in 2008/09, at which time, the General Plan will be updated to incorporate these policies, as well as additional refinements deemed appropriate as a result of the General Plan update process. The boundaries of Vista Santa Rosa are, in general, Avenue 50 on the north, Monroe Street on the west, Avenue 66 on the south, and Harrison Street on the east. Although not a part of the area covered by the existing,VSR General Plan Policy Area, or the VSR Community Council, for the purposes of these policies, a small unincorporated area located between Avenues 62 and 64, west of Monroe Street, has also been included isthe VSR Land Use Concept Plan. Vista Santa Rosa is a special community where country club and residential development interface with agricultural. and rural, equestrian -oriented lifestyles. In order to ensure that the community develops in a harmonious manner that protects and enhances its value to area residents and landowners and the County, this Vista Santa Rosa Land Use Concept Plan has been prepared. I. Overall Land Use Concept. The overall purpose of the VSR Land Use Concept Plan is to refine the very general land use plan that was adopted into the County's General Plan in 2003, in order to provide better guidance for development activities until the County's General Plan undergoes its next major update in 2008/09. It is not the intent of this plan to significantly alter the basic goals, objectives, or land use patterns established by the 2003 General Plan. However, in order to increase the amount and value of community amenities, and their affordability, to provide additional opportunities for rural and equestrian lifestyles; and other important community objectives, some changes in land use planning are recommended for the community to support these objectives. The most important change would be for the areas designated as Agriculture within Vista Santa Rosa; for the most part, these areas would be changed to the Rural Community Foundation Component, to allow for additional equestrian— and rural - residential lifestyles; to support the community's interest in encouraging this type of development. Any land use proposal would need to be compatiblewith adjacent active (current or anticipated in the future) agricultural uses, through the use of site design mechanisms, and significant structural and/or use setbacks, where needed. The heart of the community would be centered along Airport Boulevard, between Jackson and Van Buren Streets. Here, a mixed -use Town Center is proposed. Surrounding that, would be most of the future development in the community, especially that of higher intensities. It will be important in this area to ensure that Vista Santa Rosa's open, rural character is preserved, through setbacks to preserve frequent long views, narrow, landscaped street designs to calm traffic and to soften the visual appearance of roads, and to ensure that ongoing agricultural operations are adequately buffered from surrounding development. Other major areas of future development will be in the northeastportion of the community, adjacent to the city of Coachella, and along Harrison Street, which would include Commercial, Business Park, higher density residential, and tourist —oriented uses, in an area largely subject to special land use restrictions and opportunities, due to its proximity to the Jacqueline Cochran Regional Airport. The northwest and southern portions of the community would be largely devoted to continuing agriculture, rural residential and equestrian uses, and a limited amount of small lot residential and very limited amount of commercial development, to provide for a mixture of housing opportunities throughout the community, and to support the provision of important community recreational and public amenities. A. Community Lifestyles to be accommodated. The land use concept plan is intended to accommodate and encourage a harmonious blend of agricultural, rural residential, equestrian, country club, resort, tourist -oriented, and more suburban residential lifestyles. It will incorporate important community identity and image creation/preservation mechanisms, such as the VSR Design Guidelines, cross -community enhanced tail systems, called Lifestyle Corridors, enhanced setbacks to preserve long views, softened transitions between potentially incompatible land use types, and other measures. B. Land Use Concept Plan. The Land Use Concept Plan includes these policies plus a, land use designation map (enclosed separately). C. Lifestyle Corridors and Trail System. To protect and enhance VSR's open, rural character, and provide a community gathering place/linear park and.trail corridor, two "lifestyle corridors" are planned to be developed through VSR, one north -south, generally located mid -super (between "mile"streets) block, and one east -west, along Avenue 58, connecting the south end of the HITS facility with Lake Cahuilla. These corridors would contain the most important equestrian, bicycle (and would be designed to accommodate golf carts), and pedestrian paths in the community, but would also be used for both local and cross -community access (either directly, or by spur trails) to polo fields, rural home sites; and future neighborhood parks and schools, and smaller scale - neighborhood commercial uses, community centers, etc. 2 The idea is that one could choose to drive, but frequently they'd prefer to use the lifestyle corridor, which would be convenient for many different daily purposes - and inviting, and of course, it'd be designed for active recreation. The lifestyle corridors would consist of public (trails, buffering landscaping, and parks, schools, a community center, and a library, for example), quasi -public (HOA open space, recreational areas, including trails, and occasionally golf courses, visible and part of the broader open space aspect of the Lifestyle Corridor, even if they're not open to general public usage, and private lands, including in particular, rural home -sites (2 acres or larger), farmland, and small businesses, say, a Starbucks, bed & breakfasts, etc., having some orientation to the Lifestyle Corridor. It would also include as many community "icons" as possible. In reality, though, because they're scattered around, most community icons would not be located along the Lifestyle Corridors, but there should be an attempt to include as many as possible. The Lifestyle Corridors would never be narrower than 50 feet wide, and could be wider where there are rural home -sites, parks, or golf courses along them. (See the section on Lifestyle Corridors, below, for additional information on intended uses along the Lifestyle Corridors) II. Land Use Policies. A. Policy Areas In order to provide for distinctly different lifestyles and development opportunities in VSR, while ensuring that the community harmoniously accommodates and blends the various lifestyles, the Policy Areas system has been developed. Under this system, a basic development type or types, with maximum permitted land use intensity are specified, and increases may be permitted under certain, specified circumstances, where specific beneficial enhancements are made to the community's lifestyles, vistas, recreational - opportunities, etc. The planning areas are: 1. Policy Area 1 Located along both sides of Airport Boulevard, between Jackson and Van Buren Streets, Policy Area 1 is envisioned to become Vista Santa Rosa's primary community center. This area is entirely located in the Community Development Foundation Component. Development in this area 1would be focused on an interwoven mix of retail commercial, offices, higher density residential, and public uses. hi order to develop this area, a long—term, multi —use and multi -stage plan of development —through a specific, planwill be required. The specific plan will be used to ensure that the various smaller developments that occur within the community center are truly linked together in a mutually supporting manner. The minimum size of the initial specific plan application will be 250 acres, and must include the 160-acre area of the designated Town Center. The Town Center is required to be a mixed -use development that is in compliance with the General Plan's Community Center Guidelines for core and core support areas within 3 Town Centers. Areas outside the community center, but designated with the Community Center Overlay, will have the option of developing in accordance with either the underlying land use designations — Commercial Retail, or Medium, Medium High, or High Density Residential Land Use designations - or, with an alternate mix of land uses in implementing the Community Center Overlay. 2. "Policy Area 2 Policy Area 2 is bounded generally by Avenues 52 and 55, and by Monroe Street and (or,'co-linear with) Calhoun Street. This is an area primarily having a mix of agricultural, rural residential and equestrian -oriented uses. Policy Area 2 is located almost entirely in the Rural Community Foundation Component, except for existing and potential school sites, and about 40 acres located at the southeast comer of Monroe Street and Avenue 52 which are also designated with a Community Center overlay, for a potential Village Center. Development in the Community Center Overlay area may proceed either in accordance with the underlying designation of Estate Density Residential (up to 1 dwelling unit per 2 acres), or with a mixed -use Village Center, or some combination thereof. The majority of Policy Area 2 is designated as Estate Density Residential. Development permitted in this area will continue to be primarily agriculture, rural residential, equestrian -oriented uses, recreational uses, and public facilities. Development may proceed in any of the following three ways: a) Development of any parcel may occur, where the maximum density is 1 dwelling unit per 2 acres, and the minimum lot size is one-half acre. b) Development may be permitted on sites of at least 40 acres, with a maximum density of 1.5 dwelling units per acre, and where the minimum lot size is one-half acre, to permit horse and other animal keeping in accordance with County codes„provided that at least 25% of the site is used for open space, parkland, trails, or community facilities, and provided that at least part of the required open space, etc. area is used to realize one or a combination of the following: implement the Lifestyle Corridor, protector provide new community "icons," or protect farmland either on site or elsewhere in VSR. c) Development may be permitted that results in greater densities, where the development of two or more sites in Planning Areas 2 and 3 are linked together through the conditions of project approvals, development agreements, or other appropriate mechanisms, to accomplish the following: 1. For a site in Policy Area 2, a subdivision producing residential parcels between 2 and 5 acres gross is proposed 2. Additional residential units, up to the equivalent of 3 dwelling units per acre, minus the residential lots produced in accordance with sub -policy "i," above, may be credited toward the site, but must be transferred to a suitable site and residential project type in Policy Area 3. 3. The additional units transferred in accordance with sub - policy "ii," above, may be added to the maximum residential density permitted on a site in Policy, Area 3, provided that any development produced there complies with all other policies of this Land Use Concept Plan and the Riverside County General Plan, and is determined to be compatible with neighboring existing and proposed land uses, and area infrastructure 4. Two or more sites in Policy Areas 2 and 3 may be pooled together for the purpose of implementing this program. 3. Policy Area 3 Policy Area 3 mostly lies between Avenues 55 and 61, and between Monroe and Harrison Streets, except for the area covered by Policy Area 1, and the proposed land uses bordering Harrison Street. This policy area also includes smaller, detached areas west of Monroe Street, south of Avenue 62, and along Avenue 66 and Harrison Streets near their intersection. Existing uses in this area are primarily agriculture, rural residential and equestrian -oriented uses. . Policy Area 3 lies entirely within the Community Development Foundation Component. Most of this area is designated as Low Density Residential, with a maximum residential density of 2 dwelling units per acre, but, the area also includes two Community Center Overlays for potential Village Centers. Sites lying within the Community Center Overlays may be developed either in accordance with the underlying land use designations; Retail Commercial and Low Density Residential, or as mixed -use Village Centers, or as some combination of the two approaches. The majority of the area designated as Low Density Residential in Policy Area 2 is envisioned to be developed eventually as a series of small residential, resort, and possibly country club communities, with open spaces and trails between and linking them. In the near term, and on some parcels possibly for many years, agricultural uses will continue in production here. Therefore, it is important that adequate buffers be provided between new residential communities and agricultural uses that are planned to remain. 5 Development may be permitted that result in greater densities in areas designated as Low Density Residential, up to 3 dwelling units per acre, and higher, where residential units are transferred from Policy Area 2, provided that the following policies are met: a) Any project of 40 acres or larger must include at least 25% open space or community amenities. Nod density increases are permitted for projects covering less than 80 acres. b) Any project covering 80 or more acres may qualify for a residential density of up to 2.5 dwelling units per acre, provided that at least 30% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities and "icons," which may include constructing a portion of a Lifestyle Corridor. c) Any project covering 160 or more acres may qualify for a residential density of up to 3 dwelling units per acre, provided that at least 40% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities and "icons," which may include the construction of a portion of a Lifestyle Corridor. 4. Policy Area 4, Policy Area 4 lies mostly south of Avenue 61, except the area west of Monroe Street. Existing uses in this area are mostly agricultural, rural residential, and equestrian -oriented. This are is unique in Vista Santa Rosa, in that it includes two areas, covering a section each, of Torrez-Martinez (T-M) Indian Reservation land. The T-M reservation areas include both fee -and non -fee. parcels. Policy Area 4 lies entirely within; the Rural Community Foundation Component. Policy Area 4, however, would permit localized general plan amendments to establish small nodes of Community Development Foundation Component (i.e. — lots smaller than one-half acre) neighborhoods where, and only where, a proposed project would be consistent with all other policies of this Land Use Concept Plan. This allowance exists because due to the generally larger parcels in this area (compared with Policy Area 2), it will be possible to create wide development setbacks to ensure adequate land use buffers, and additional development will enhance the ability to provide and operate enhanced open space and community amenities. Some of Policy Area 4 is envisioned to be developed in'accordance with the basic land use designation of this area, the Very Low Density Residential land use designation, which allows up to 1 dwelling unit per acre. Such development may occur in either 1 acre lots, or may occur in clusters of lots as small as one-half acre, surrounded by belts of parkland, open space, trails, etc. Development may be permitted that results in higher densities in areas designated as Very Low Density Residential, up to 2 dwelling units per acre, provided that the following policies are met: a. Any project of 40 acres or larger must include at least 25% open space or community amenities. No density increases are permitted for projects of less than 160 acres. b. Any project covering 160 or more acres may qualify for a residential density of up to 1.5 dwelling units per acre, provided that at least 40% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities or "icons," which may include construction of a portion of a Lifestyle Corridor. C. Any project covering 160 or more acres may qualify for a residential density of up to 2 dwelling units per acre, provided that at least 50% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation or development of either on -site or off -site community amenities or "icons," which may include construction of a portion of a Lifestyle Corridor. 5. Density Transfers While the Land Use Concept Plan does not include a formal program of "density transfers," the development potential of two or more detached sites may be combined within a single development application package, and, through the use of conditions of project approval (usual method) or, in unusual circumstances, the use of development agreements or other mechanisms, approved accordingly. The linkage of two or more sites must be determined to offer superior overall community benefits compared with the development of the sites separately, and must be consistent with all other policies in the Land Use Concept Plan. The linkage of two or more sites in two or more Policy Areas may be permitted, provided that the policies and intended objectives of each policy area are met for the site or sites in each such area. It should be noted that the land use policies for Policy Areas 2 and 3 include a development bonus and transfer policy. This is the only instance in the VSR Land use Concept Plan where such an operation may be permitted. B. Other Land Use Types The Vista Santa Rosa Land Use Concept Plan includes other land use types, in addition to those specified previously for the Policy Areas. Primary among those are three areas: a) Harrison Street, between Airport Boulevard and Avenue 61: Here, adjacent to the Jacqueline Cochran Regional Airport, are planned Business Park, Commercial Tourist, High Density Residential, and a Community Center Overlay, allowing for a potential mixed -use Village Center. B) Airport Boulevard, across from Coachella Valley high School and the City of Coachella, and near Harrison Street, are planned High Density Residential and Commercial Tourist uses. C) In the northeast portion of VSR, adjacent to the City of Coachella, east of Calhoun Street, an area of Medium Density Residential is planned. Also in this area, west of Calhoun Street and north of Avenue 52, is an area planned for Very Low Density Residential. C. Transitions and Buffers 1. Policy Area Transitions Transitional areas are planned to be provided between Policy Areas.2 and 3, and between Policy Area 2 and other Community Development uses in the area northerly of Avenue 55. Transitional areas are also planned between Policy Areas 3 and 4. The purpose.of these transitional areas is to provide for meaningful setbacks and buffers between uses that may be inherently incompatible, but also to provide the opportunity for parkland and landscaped edges between distinctly different areas of the VSR community, to assist in image -making for these areas. The transitional area will generally be required to be an minimum average of 150 feet wide, with a minimum width of 50 feet. The transition will generally be required to be provided on the side of such edges where the more intense development would occur, but may vary due to localized circumstances relating to land usage and circulation. Particularly sensitive uses, such as agriculture and equestrian -oriented uses will generally require the wider transitional areas. Transitional areas may be used for elongate. landscaped detention basins, landscaped open space, golf courses, and are most ,particularly suited as trail routes. 2. Buffers.Between Projects Buffers are required as needed between projects along the boundaries between land use designations, and often between adjoining projects within.the same designation. Buffers are needed to ensure that adjacent land uses will be compatible with each other. Buffers are mostly needed between agriculture and most other land use types (addressed separately below), and between rural and non -rural uses, between Community Development residential uses of differing intensities, and between residential and non-residential projects (such as commercial or industrial). Detention basins designed in an elongate fashion, trail corridors, including Lifestyle. Corridors, open space, including parks, and golf 9 courses, rows of trees and shrubs, and walls where they do not impair long views (i.e. — away from major streets), and other concepts, may all be used as buffers, depending on the characteristic being buffered. As such, buffers will generally range from very narrow — in the case of rows of trees, shrubs, or walls, where permitted, to 150 feet or more, and may be combined — as in the case of an adjacent Lifestyle Corridor or park, with other land use types.to achieve 150 feet, or more, of separation between uses. 3. Buffering Agriculture. Vista Santa Rosa contains a large amount of agriculture, and although agriculture will decline in overall importance over time as development occurs, it is likely to remain to some degree for many years into the future. The need for buffering will depend on the type of adjacent use, and the type of agriculture involved. It also is dependent on farming practices and the expectations of persons moving into an area adjacent to agriculture (degree of awareness of the needs of farmers). County 'Ordinance no. 625, the Right -To -Farm ordinance, provides some protection for agriculture, by making buyers of new, homes (in subdivisions) within 300 feet of agriculturally zoned and used ld aware of the adjacent agriculture, and its right to operate using standard and legal farm practices, but that protection is often not sufficient in the face of major residential growth in an area. Also, in all of Vista Santa Rosa, but particularly in Policy Area 3, where most urban — type development will occur, it is also important to ensure that the type of buffering selected will not disadvantage the adjacent farmer, if and when the farmer decides to convert their land to development. Often, trails, landscaped buffer areas, large, rural -sized parcels, and other such mechanisms will be appropriate buffers adjacent to agriculture. Buffering may range from very narrow, such as a row of trees or shrubs with a fence, to 50 to 100 feet, or more, depending on the type of agriculture and proposed new adjacent use involved. 4. Protection of Vistas and View -sheds One of the main elements of the image of Vista Santa Rosa is the openness of this very rural area, which leads to spectacular views of the nearby Santa Rosa Mountains, and the open pastoral views of near -at -hand agriculture and rural lifestyles, including farm animals and horses. It is also an area off tall trees, and because. of the openness of the area, these can often be seen from long distances across the community. All of this is in contrast to many other areas in the Coachella Valley, where although mountains can usually be seen to some degree, most views are close, of landscaping, walls, buildings etc., and these other areas do not generally have an open feel to them. In Vista Santa Rosa, it will be important to protect these views and the general feel of openness of the community, as development occurs. Therefore, building setbacks along the presidential streets and even -numbered avenues — the "mile streets" — will be required to be significant enough to help preserve open views. Generally, building setbacks from the future right-of-way constructed pavement (curb face) of the mile streets shall be a minimum average of 150 feet, but may vary widely so that architecturally significant buildings, existing or future "icons," may occasionally encroach close to the street, to enhance their profile within the community. This highly varied pattern of average will also setbacks will also lend more visual interest to the streets, and to views between buildings. It is recognized that the 150 foot average buildingsetback could present a significant constraint to development on smaller parcels where development would otherwise comply with these Land Use Planning Concept policies. Therefore, flexibility will be granted on a case -by -case basis where the parcel involved is smaller that 10 acres. On smaller parcels; iconic architecture could also be used to justify occasional street encroachments. D. Open Space and Community Amenities; Community Icons; Lifestyle Corridors 1. Open Space and Community Amenities Whenever the terms "Open Space and Community. Amenities" (OSCA) are used in these Land Use Concept Plan policies, the definitions of this sub -section are intended to apply. OSCA is to include all areas of a project site, other than areas where such is already required by the regular application of standard subdivision and zoning ordinance regulations (example: parkway. landscaping in a standard cross-section of an existing general plan road is not included), that would be publicly or quasi —publicly (HOA, for example) owned, and have open space characteristics, as defined herein. Agriculture of all types and rural residential parcels 2 acres or larger, both privately owned, would count toward "open space and community amenities." Examples of other items that would count toward OSCA include decorative neighborhood landscaping, whether green or natural desert or made -to -appear desert landscaping, elongate landscaped detention basins, parks, golf courses, community stables, libraries, pools, tennis courts, including parking areas for them, benches, community gardens, watering troughs, trailhead facilities, and golf club houses if they are frequently open to the general public (restaurant, meeting, etc. purposes). To receive credit for OSCA areas, they need to be mostly (but not entirely) visible and contribute to long or iconic vistas when a project is seen from mile streets. For projects not located along mile streets, frontage along a trail system or a Lifestyle Corridor presents opportunities for creditable OSCA. Community icons 10 and Lifestyle Corridors, described below, both will generally qualify for OSCA credit: 2. Community Icons Buildings that reflect VSR's history or unique rural character, tall trees, interesting architecture, and even specially adomed gates and neighborhood entry monuments, and even open vistas of the Santa Rosa Mountains are all examples of community icons. Community icons may already exist, or be newly built as part of a future project. It is important to build upon and enhance Vista Santa Rosa's unique identity as the community develops, so that it does not lose the characteristics that make it special. Therefore, the preservation, enhancement, and construction of new community icons will all count toward OSCA, as described previously. 3. Lifestyle Corridors As described previously, amid Vista Santa Rosa's proposed trail network, two specially amenitized, cross -community Lifestyle Corridors are planned. One Lifestyle Corridor will be routed north -south, mid -block between mile streets, from the northwest corner of Vista Santa Rosa to the southern end of the community at the foot of the Santa Rosa Mountains. The second Lifestyle Corridor is planned along a traffic -calmed Avenue 58, linking the Olympics event —grade HITS equestrian training facility, to Lake Cahuilla in the City of La Quinta, thereby providing a second linkage to the foot of the Santa Rosa Mountains. The Lifestyle Corridors would primarily be landscaped trail linkages, for a variety of potential users, connecting the various parts of the community. These corridors would be major elements of community identity, and would be used by equestrians, pedestrians, bicyclists, and golf carts, frequently, for recreation, to visit friends, or community facilities, such as schools and libraries, and to access some commercial services such as restaurants, convenience stores, coffee shops, etc., in a pleasant, convenient, recreational manner without having to use a car. Lifestyle:, corridors will generally be a minimum of 50' feet wide, but may flare wider at "portals," to the corridors, such as at crossings of mile streets, where parking, parks, and other facilities may be placed. They can be used to separate inherently incompatible uses, such as commercial vs. residential or rural residential vs. small lot residential. While through -trail systems will need to be owned and managed by public agencies, some portions of the Lifestyle Corridors and many of the uses along them should be private in nature, wherever possible, to minimize the public costs associated with building and maintaining the corridors, and to ensure that there are a wide variety and number of potential users sited along them. While the corridors have generally been proposed along existing drainage easements, their location is not fixed. In fact, it would be desirable for - 11 them.to meander as they travel through the community. Quiet and road -related safety, though, are major objectives. Therefore, for the north -south corridor, its location can vary, but should never encroach laterally closer than 1/8 of a mile from a presidential street. The following are examples of some of the types of public uses that could be sited along or near (within 1/8 mile to '/< mile) Lifestyle Corridors: Community gardens, neighborhood and community parks, community pools, recreation centers, community centers, senior centers, libraries, schools, golf courses, tennis courts, water fountains and water troughs (for horses), decorative landscaping, iconic. ,existing trees, including date groves, or :portions of them, where development occurs,. non -motorized (except for golf carts) trails of all types, trailheads, benches, and restrooms. The following are examples of some of the types of private uses that could occur along Lifestyle Corridors: community stables, tack shops, restaurants (including perhaps Starbucks), convenience stores, offices, low, medium, and high density residential, and large and small parcel rural residential and agriculture, provided that there is adequate buffering from incompatible uses, Lifestyle Corridors will be developed in conjunction with adjacent development proposals, and may be built off -site of, or in advance of, development, for OSCA credit, or other credit as determined appropriate. 12 ATTACHMENT 7 Vista Santa Rosa Area Traffic Modeling and Transportation Infrastructure Issues Draft — "Starter List" January 24, 2007 (Below is a compilation of some of the concerns raised by members of the VSR Task Force. Members of the TF are asked to review this, and add to it or modify it as you wish, so that a complete list of issues can be presented to the South Valley Parkway traffic consultant for his review, and for preparation to address the TF on February 1, 2007) Draft list of questions/issues: 1. Currently, Vista Santa Rosa (VSR) community residents have noted that traffic patterns generally tend to be oriented in a north -south fashion, because major community shopping is located toward the north, along Highway 111 and vicinity. In the future, east -west traffic may not increase as much as anticipated, since local shoppers and commuters can still be expected to largely travel to the north. Travel eastward would be lighter, because shopping there, and in the new South Valley Concept Plan Town Center and Highway 86, would still be more distant and therefore less convenient, than local shopping along Airport Blvd., and even maybe than in the Cities of La Quinta and Indio. Travel from the east to the west along Avenue 62 and other east -west major streets understandably would need to travel at least as far as Harrison Street, just to get around the airport - not for other purposes (To travel more distant, they'd use Expressway 86). 2. To what degree has the South Valley Parkway transportation infrastructure planning taken into account the future needs of all of VSR? It should be noted that VSR stretches north to Avenue 50, and most new development in VSR would occur between Avenues 55 and 61. The South Valley Parkway plan itself only includes the part of VSR located between Avenues 60 and 61. 3. The VSR community is attempting to preserve its rural character and appearance, even while significant future development is planned to occur. Therefore, to, accomplish this, the goal should be to establish a thick grid of relatively narrow, traffic -calmed streets, not rely on urbanized models of major, high-speed road corridors, which appears to be the approach taken in the South Valley Concept Plan. In VSR, both the land use and street planning should evoke a different, more rural image. This should be the overall philosophy that governs the traffic modeling. 4. - The VSR community needs to see the specifics of the planned road alignment and cross-section of Avenue 62; westerly of Harrison Street. There is a concern about the matter of the transition along Avenue 62, between the east and west sides of Harrison Street. 5. Avenue 58,.in particular, because of its intended function —. in part — as the route of the VSk east -west Lifestyle Corridor, should be planned narrower, with traffic- cahning features. .6. It's important to see and understand the future cross -sections of Monroe Street, Harrison Street, Avenue, and other VSR "border streets," to see how the edges would transition to neighboring cities and unincorporated communities. 7. Modeling should reflect the placement of medians in the "mile" streets, in VSR. The City of La Quinta is interested in this for the city sphere area; to ensure continuity of design features across all of VSR, it should be considered wherever possible in the mile streets in VSR. 8. What is the plan for the phasing of the need/construction of major road facilities in VSR? which streets, which order of need, what cross -sections? 9. Do all of the General Plan roads in VSR need to be widened from 2 to 4 lanes or more, anytime soon, or at all, in the future? 10. The VSR community needs to see total projected traffic volumes for the future, on VSR roads, and indicated ultimate road widths. 11. Has the last draft of the VSR land use concept map — produced in August 2006 — been used in the traffic modeling for the South Valley Concept Plan? 12. It's important that revenues produced from development in VSR be used to build infrastructure; i.e. — `return to source" — to benefit VSR. There is a concern on the VSR Task Force that locally produced revenues may be used to fund roads in other areas, such as Thermal. What is the plan for financing and the expenditure of funds to build roads, in the different areas? Will there be different zones of benefit? SPHERE OF INFLUENCE (SOI) EAST O F CITY LIMITS ♦ The purpose of this report is to provide the City Council with an update on progress regarding: -Fiscal C«onsiderafiions -Memorandum Of Understanding tam - Professional Services - Strategic Plan -Vista Santa Rosa Task Force (VSRTF) -Airport Land Use Plan for Jacqueline C«ochran Airport (ALUP) -South Valley Parkway 1 CITY COUNCIL SUBCOMMITTEE ♦ Since the last report of January 16, the Subcommittee met Mi January 24. FISCAL CONSI �ERATI�ONS ♦ C«ity and RSG staff have prepared RIM of fiscal models with a r,amge of residential Land use density ranging from 1.5 to 3.® dwel'Iing units per acre. ♦ Several annexation options have also been modeled including three separate annexation areas. 2 CM 77 n � i r- FISCAL CONSIDERATIONPS ♦ All fiscal models result in. a significant shortfall of Mama ✓ Location of the S01 relative to commercial development opportunities; ✓ Low property tax rate for areas outside of the Thermal Community Redevelopment Area. ("County RDA"); ✓ The County RDA covers approximately S5% or 6435 acres resulting in virtually no property tax; ✓ Cost of public safety services and broad geographic service area; and ✓ Lack of infrastructure and need to reconstruct virtually all existing roadways campapproximately 33 miles o Arterial and Secondary ghfares). FISCAL ♦ Staff has met with Riverside C«ounty staff on two occasions to discuss opportunities to enter into aPre-Annexation Agreement with the C«ounty and the County RDA i ♦ Key Points: �. La Quinta to receive percentage of the post annexation tax increment revenue. z. La @Alm receives County Fire and Library post annexation tax increment revenue. a. City and C►ounty to work cooperatively on affordable housing. FISCAL 4. The C►ounty will fund capital improvements in the annexation area with post annexation tax increment revenue not pledged above. 5. The County Development Impact Fees generated in the Sphere of Influence. to allocated to the SOI/annexed lands. 6. C•ommunity Facilities District and/or Road and Bridge Assessments will have a defined area of benefit to keep funds in the SOI/annexed areas. F1 ♦ On December 19, 2006, Supervisor Wilson sent a letter in response to the C«ity's discussion proposal. — The letter rejected virtually all of the C•ity's funding options. — The letter stated that the C*ounty would work with the. City on a ease by ease basis on RDA capital facility funding and on future affordable housing opportunities. — Supervisor Wilson's letter indicated the City could receive funding for fire and library services. FISCAL ♦ In a follow-up meeting County staff verified that the funding the C«ity was seeking would not be available to the C«ity, including fire and library fund's . - Some funds could be availabie, on a case by case basis, for capital facilities.. -County revenue including, taincrement, fees, and possible road and bridge assessment districts, will be utilized a fun • improvements outside of the S01 5 FISCAL BACKGROUND Fiscal impact analysis effort initiated in 1997 �. Applications Annual financial management review iFroject specific fiscal impact analysis Annexation analysis Why study fiscal impacts To insure funding for facilities and services Contain costs and grow revenues Evaluate project specific impacts @@U@ Evaluates operational revenues and costs Annual revenue versus expenditure calculation S-C«apital projects addressed separately (development impact fees, Quimby fees, redeuelopment) � Mode1 adjusted fio accommodate specific applications ASSU�MFTIONS Base year assumptions Expenditures -current operations budget �Reuenues -current budget &market trends Future Year Assumptions >Reuenues annually increase 2-3% >C«osts annually increase 3-5% Public safety costs are significant factors Currently 37% of General Fund budge Costs projected to increase 5% annually SAMPLE DEVELOPMENT phi ENT PROJECT CT1 7 SAMPLE PROJECT CHARACTERIST1CS 1577 ac_r�e pa eII >47.4 homes in gaffed c_omm.unityl :Estimated population of 1,364 Located in County Redevelopment Project Area SAMPLE DD EVEL00 PM,ENT FINDINGS At project build out in 2008/09: ➢ $196,000 in revenues � S6i7t3,0.0.0 in expenses .-$477,000 shortFal'I for project �Shortfall is $1,006 unit D PER UNIT COST ESCALATION 2008-09 Per DU Shortfall $1,006 Projected Dwelling Unit Costs 3% Inflation 5% Inflation 2010-11 $1,067 $1,109 2020-21 $1,434 $1,807 2030-31 $1,g28 $�2,g43 2040-41 $�2,5g1 $4,794 2050-51 $�3,481 $7,808 2060-61 $4,679 $12,719 SAMPLE DEVELOPMENT FINDINGS to Annual shortfall for each unit accumulates over time CumulatNe General Fund impact after 50 years for sample development M5163.0 mile@ Net present value of 50 year cumula ive shortfall $49,140 per home DEVELOPMENT OPTIONS Form a Community Facilities District (""CF©") C«ollect one time fee 9549,140 per home.} Use proceeds to create and protect an "annuity" � Annuity interest income pays annual shortfalls Institute joint C«FD and one-time fee General Fund absorbs projeMftmncial impacts County -run C*ommunitay Service Area currently averages S25 5125 per unit each year to provide certain services CFD CHALLENGES Used for facilities and services Primarily used for capital projects Bonds issued to fund capital projects Subject to voter -sponsored repeal initiative Assessment may meet with homeowner resistance Service costs increase at 3-5% per annum while assessment cannot increase at this rate to remain affordable r SPHERE OF INFLUENCE DEVELOPMENT ANALYSIS S®I ASSUMPTIONS Same basic assumptions as sampl'e El e.I pment pr@177fo ➢Base year revenues and expenditures generated from current City Budget. ➢Revenues increase 2-3% Expenditures increase 3-5% �Signifiicant public safety costs increase at 5% V D _ Time Frames Base Year 2006/07 Build Out Year 2035-36 Geography Sphere of Influence Densities 01 Scenarios) Y General Plan (3 du/ac) Low Density (r2 du/ac) r Uery Low Density (1.5 du ac} Lower Densities can be modeled Retail Density Based on 2006 ERA Market study 0.1 million sq ft) Current General Plan al ows .1 million sq ft on Harrison and Monroe CHARACTERISTICS Fiscal Year 2035-36 Low De city Very Low Density Office De lo"""rne'nt HousiMa Units 14,611 40,883 1 1,927 30,595 330,000 Square Feet 12 REVENUES VS. EXPENDITURES Fiscal Year 2035-36 General Plan Low Very Low Density Density Density Revenues 50,014,142 37,935,289 31,855,915 Expenditures 126,7r2,1,1$3 8.4,139,866 62,936,696 Surplus(Defici4) $ (r76,706,991) $ (46,204,577) $ (•31,080,781) Per Unit GOSP $ 3,502 $ 3,165 $ 2,845 FO RECAST WITH C(OU'N'TY AM ASSISTANCE Fiscal Year 2035-36 General Plan Low Very Low Sur plus(DeficiF 0$I I I I(76,706,991) $ (46,204,577) $ (31,080,781) Per Unit Cost 250 Co. RDA Net Non- $52,500,885 $34,729,686 $25,364,296 Housing Revenue Adjusted( Deficit) % (24,206,106) $ (11,474,891) $ (5,716,485) r-LL 13 U07EDD MODEL Low VerylLow 50,014,142 37,935,289 31,855,915 126,7,2r1,133 84,139,866 62.936,696 $ (r76,706,9911) 1 $ (46,1204,577) $ (31,08Q781Q ,General Plan Low Very Low 50,014,142 37,935,289 31,855,915 84,8001569 56192,506 421022,259 $ (34,786,427) $ (18,257,217) $ (10,166,344) RIVERSIDE C*O�J'NTY MEM©RANDUM OF U'NDERSTANIAI'NG ♦City and C«ounty staff have been working on a number of edits to the proposed County/C•ities MOU Regarding Land Use Planning Strandards and Entitlements. County staff has indicated that it will have a revised draft by next week. 14 PROFESSIONAL SERVICES - BUDGET IMPLICATIONS ♦ Summary: —Fiscal Analysis: RSG has been assisting staff with the financial analysis of annexing the 501. The budgeted amount for this service is 575,000. —Strategic Flan: Approximately 400 % of the work items have been completed fio date with a second community workshop held on February 3. Total budget amount for this service is 5120,825. PROFESSIONAL SERVICES —Infrastructure Deficiency Study -Katz, Okitsu. &Associates was retained in December to prepare a deficiency study for the road infrastructure within the 501. Total budget amount 580,330. —Aaaitional work item fio establish a Flain of Services for LAFC«0 identified a budget amount of 5100,000. This work is yet to commence. 15 STRATEGIC PLAN - SOI WORKSHOP ♦ Second Cu munity Workshop was held Saturday (r2m ♦ All day event with approximately 5'S in attendance. Most stayed all day. ♦ Introductory remarks followed by two small group sessions: 1) Design Survey '� — list of questions �r 2) Transect Map w —"departure point" map STRATEGIC PLAN - SOI WORKSHOP ♦ Small group exercises were very interactive. ♦ Many expressed concern with potential' change to USR. ♦ C«ommenis received: ill it bec--ome La Quinta or maintain 1/5fi identliy?" �1rr "C•an 1/SR support a m� .�� , � .{ Town Center?" � .; r' "Why does La Quinta �� ` 16 U U MUM@0@ UDLM C' 00 W@[2E@CHOP p a j-so udum o o .e comfort Level Scale 4 onyou eCMa�la Wmrar vraerrrnury v Haar nrau kn MNrMrhege IpW rq winlsrnelururealY�ra San v aim M e(rry reessrvGaYarparmrkuelolrum t , T:� x HOC WMEMW ry. fits ' "Departure Point* Transect Map ia - RACOUNTY VSR LA DFT ND USE PLAN -VSR TASK FORCE ♦ VSR Task Force members are reviewing fihe Draft Land Use Plan for the entire VSFi area. A revised land use concept map and specific text further explaining the land use concept, policies (including planning areas), transitions and buffers, as well as open space and community amenities. DRAFT COUNTY VSR LAND USE PLAN -VSR TASK FORCE Rtverside Co. Proposed Land Use Concept Map VN}A A TA HO" ARG� i -'- r'1!� rray I � ' ,rr 4 :ill cry L DRAFT COUNTY VSR LAND ULSE PLAN - VSRMOS] KI FORCE ♦ as Force Member discussion focused upon differences between the proposed concept map and the County's existing land use policy, transitional buffers, and densitay transfers. J AIRPORT LAND USE COMMISSION - JACQUELINE COCHRAN AIRPORT ♦ Zone D influences the eastern segment of the SOI southwest of the Airport Boulevard and Harrison Street infiersection. Zone ©restricts residential densities to over 5+ units per acre or one unit per five acres. Commercial density is also constrained, limiting the number of people per acre to not exceed 100. 19 AIRPORT LAND USE C*OMMISSION - I d 4! � I ti SOUTH VALLEY PARKWAY AN'D LAND USE PLAN ♦ C•ity staff continues to monitor the progression of the South /alley Parkway development proposal. MUM staff is drafting a letter commenting on the South /alley Parkway Traffic Study Preliminary Draft Report ♦ C•ity staff has received the information including transportation, parkway design, and agriculture eonuersion. City Council may want to invite County and landowner representatives to BEEN a presentation at an upcoming Study Session. 20 Ue�+ -4o S�� `C L�r I REQUEST TO SPEAK PLEASE NOTE: THIS FORM IS TO ASSURE ACCURACY IN PREPARING THE MINUTES AS TO SPELLING OF NAMES AND ADDRESSES, AS WELL AS TO ALLOW STAFF TO FOLLOW-UP ON REQUESTS MADE BY MEMBERS OF THE PUBLIC. 1T MAYBE USED AT YOUR OPTION (GOVERNMENT CODE SECTION 54953.3) I WOULD LIKE TO SPEAK ON THE FOLLOWING AGENDA ITEM(S): PUBLIC COMMENT RE: BUSINESS SESSION NO. PUBLIC HEARING NO. 2006-86 RE: Development Permit 2006-865 IN SUPPORT ❑ IN OPPOSITION OTHER RE: Ramifications of Water Park in residential area. 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