Loading...
2007 06 12 PCIV yw -=9 rat' = 1 Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org PLANNING COMMISSION AGEN®A A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JUNE 12, 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 2007-022 Beginning Minute Motion 2007-009 CALL TO ORDER A. Flag Salute B. Pledge of Allegiance C. Roll Call 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. CONFIRMATION OF AGENDA CONSENT CALENDAR A. Approval of the Minutes of the Regular Meeting of May 22, 2007. 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 ................ CONTINUED - TENTATIVE TRACT MAP 34969 AND SITE DEVELOPMENT PERMIT 2007-883 Applicant:........ East of Madison, LLC Location........... Within the Madison Club, south of Avenue 52, east of Madison Street, west of Monroe Street Request ........... Consideration of a tract map to subdivide an area within the Madison Club residential project into a Clubhouse site. Architectural and landscaping plans for a clubhouse, parking lot, and tennis court Action .............. Resolution 2007- and Resolution 2007- B. Item ................ SITE DEVELOPMENT PERMIT 2006-857 Applicant......... Coachella Valley Housing Coalition Location........... Northwest corner of Dune Palms Road and Avenue 48 Request ........... Consideration of architectural and landscaping plans for the Dune Palms Neighborhood Community Center Action .............. Resolution 2007- C. Item ................ SITE DEVELOPMENT PERMIT 2006-868 Applicant......... REA La Quinta, LLC Location........... North side of Highway 111, west of Jefferson Street within Jefferson Plaza Request ........... Consideration of architectural and landscaping plans for a 5,723 square foot freestanding building Action .............. Resolution 2007- D. Item ................ ZONING CODE AMENDMENT 2007-089 Applicant......... City of La Quinta Location........... City-wide Request ........... Consideration of an Amendment to Add Section 9.20.050 to Chapter 9.20 ("Zoning Districts") to Prohibit Medical Marijuana Dispensaries in all Zones Action .............. Resolution 2007- VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of June 5, 2007 B. Discussion regarding Commission summer meeting schedule IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on June 26, 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, June 12, 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, June 8, 2007. DATE June 8, 2007 T J. dYECFR,ece Secretary City o a Quinta, California 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. GAWPDOCSTC Minutes\1 AgendaW.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 22, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Paul Quill who asked Commissioner Alderson 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, Assistant City Attorney Michael Houston, Planning Manager Les Johnson, Principal Planner Stan Sawa, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of May 8, 2007. There being no changes, it was moved and seconded by Commissioners Barrows/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Tentative Tract Map 34969 and Site Development Permit 2007-883; a request of East of Madison, LLC, for consideration of the plans to subdivide an area within the Madison Club residential project into a Clubhouse site. Site to include building, parking lot, tennis court, and landscaping plans for the. Madison Club Clubhouse for the property located within the Madison Club, south of Avenue 52, east of Madison Street, west of Monroe Street. 1. Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson informed the Commission this item would need to be continued as a new map exhibit was n CII CnlneAC b. RA;—.—gnn7kM 0 nO A^-. Planning Commission Minutes May 22, 2007 recently introduced to staff. Staff would bring the application back after issues regarding the map are resolved. 2. There being no further discussion, it was moved and seconded by Commissioners Daniels/Engle to continue the application to June 12, 2007. Unanimously approved. BUSINESS ITEMS: A. Site Development Permit 2006-862; a request of Highland La Quinta, LLC for consideration of screening for a drive-thru lane for commercial buildings in Phase 2 of the Dunes Business Park for the property located on the north side of Highway 111, between Jefferson Street and Dune Palms Road. 1. Commissioner Engel stated he had a potential conflict of interest and excused himself from the dais. 2. Chairman Quill asked for the staff report. Principal Planner Stan Sawa 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. Commissioner Alderson asked if the traffic would travel west to east in both instances. Staff stated yes, because of the location of the drive-thru windows. 4. Commissioner Daniels asked why the applicant had to obtain approval from the Riverside County Agricultural Commission for the plant palette. Staff stated the Commission verifies that certain species are not imported into the Valley. Commissioner Daniels asked if the building on the right had windows facing the east. Staff stated there are no windows on the east; shrubbery and trees are planted along this elevation. 5. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Juan Galaviz, KKE Architects, stated he was available to answer any questions. n.11�/Onn/`C1 Ol` bl:e�....n\9nn91P 11 nO A.... 2 Planning Commission Minutes May 22, 2007 6. Chairman Quill asked if there were any questions of the applicant. Commissioner Barrows asked if the applicant could use the local Palo Verde tree instead of what is called out on the plans. Mr. Galaviz stated he would refer the question to his landscape architect. 7. There being no further questions of the applicant and no other public comment, Chairman Quill closed the public participation of the hearing. 8. There being no further discussion, it was moved and seconded by Commissioners Alderson/Barrows to adopt Minute Motion 2007- 008 approving Site Development Permit 2006-862, as recommended and amended: Condition #3: The applicant shall replace the Cercidilm tree with the Blue Palo Verde tree. Unanimously approved Commissioner Engel rejoined the Commission. CORRESPONDENCE AND WRITTEN MATERIAL: None. CKi]P1��16�9N7PI�:i���b691 A. Staff gave a review of the City Council meeting of May 15, 2007. Commissioner Daniels stated his concern regarding Council's recent action to overturn their denial of the water feature on the Hughes tract. Commissioner Alderson stated he believes it puts staff in an awkward position to make a determination on something that does not have definitive Code requirements to base it on. Staff_ stated they were working on recommendations to present to the Commission for core issues that will enable staff to make recommendations early on in the application process. Chairman Quill stated the Code should identify whether the use of the water is wise and beneficial in its application. Commissioner Barrows stated she appreciated staff effort to resolve this issue. B. Commissioners asked staff to agendize the summer meeting schedule for . the next meeting. 11 Al w.... 3 Planning Commission Minutes May 22, 2007 ADJOURNMENT: There being no further it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on June 12, 2007. This regular meeting was adjourned at 7:26 p.m. on May 22, 2007. Respectfully submitted, Betty Sawyer, Executive Secretary City of La Quinta, California PH #A PLANNING COMMISSION STAFF REPORT DATE: JUNE 12, 2007 CASE NUMBER: TENTATIVE TRACT MAP 34969 SITE DEVELOPMENT PERMIT 2007-883 APPLICANT: EAST OF MADISON, LLC ARCHITECT: BAR ARCHITECTS LANDSCAPE ARCHITECT: VITA ENGINEER: RCE CONSULTANTS, INC. REQUEST: CONSIDERATION OF PLANS TO SUBDIVIDE AN AREA WITHIN THE MADISON CLUB RESIDENTIAL PROJECT INTO A CLUBHOUSE SITE. SITE TO INCLUDE BUILDING, PARKING LOT, TENNIS COURT, AND LANDSCAPING PLANS FOR THE MADISON CLUB CLUBHOUSE LOCATION: WITHIN THE MADISON CLUB; SOUTH OF AVENUE 52, EAST OF MADISON ST, WEST OF MONROE STREET ENVIRONMENTAL CONSIDERATION:, THIS PROJECT HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 2004-530, WHICH WAS CERTIFIED BY THE CITY COUNCIL ON FEBRUARY 1, 2005. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED WHICH WOULD REQUIRE THE PREPARATION OF ANY SUBSEQUENT ENVIRONMENTAL EVALUATION. GENERAL PLAN: LDR (LOW DENSITY RESIDENTIAL) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING LAND USES: NORTH: GOLF COURSE; RESIDENTIAL LOTS (TR 33076-1) SOUTH: GOLF COURSE EAST: HUMBOLDT BLVD.; CARMELA (TR 31374) WEST: GOLF COURSE Page 1 of 7 BACKGROUND: This proposal was scheduled to be considered at the Planning Commission meeting of May 22, 2007. However, the item was continued to the present date because new information related to the proposal was submitted, which required additional research. The Madison Club, bounded by Avenue 52 and Avenue 53 on the north, Avenue 54 on the south, Madison Street on the west, and Monroe Street on the east, received Specific Plan approval on February 1, 2005 (SP 99-035 Amendment 1), and Tentative Tract Map approval on August 2, 2005 (TTM 33076) (Attachment 1). The project area encompasses approximately 472 acres, and consists of custom single-family detached units, detached villas, and an 18-hole golf course. The applicant is now proposing to subdivide approximately 24 acres at the intersection of Meriwether Way and Shackleton Street into the clubhouse site, which includes tennis courts and a parking lot, and a remainder parcel to be used as the future site of the Villas at Madison Club (TTM 34969)(Attachment 2). PROJECT REQUEST: Tentative Tract Map The applicant proposes to subdivide approximately 24 acres, which include eight numbered lots and two lettered lots (Attachment 3). Lot 1, at approximately 217,000 square feet, is the site of the Madison Club Clubhouse. Lot 2, at approximately 116,000 square feet, is the site of the clubhouse parking lot and tennis facility. Lots 3 through 7, which average approximately 20,000 square feet each, are custom residential lots that were subdivided as part of the original Madison Club tract map (TR 33076). However, the design of the clubhouse site results in a reconfiguration of Shackleton Street, which subsequently affects these five residential parcels. Lot 8, at approximately 600,000 square feet, is the future site of the Madison Club Villas, a 14-acre project that includes 19 residential lots and a golf putting course. The two lettered lots include Lot A, private street Meriwether Way, and Lot B, private street Shackleton Street. Both Meriwether Way and Shackleton Street provide vehicular access to and from the clubhouse and parking lot. Site Development Permit Clubhouse Included with this proposal are site, architectural, and landscaping plans for the golf course clubhouse site. The clubhouse site features a decoratively -paved vehicular Page 2 of 7 entry courtyard surrounded by three primary clubhouse buildings, which include the Main Building, Men's Building and Pro Shop, and Women's Building (Attachment 4, Page LR01). The architectural style of all clubhouse buildings is Spanish - Mediterranean and includes use of rust -colored clay tile roofing, off-white hand - trowelled stucco walls, numerous columns and archways, and a combination of arched and casement windows with elaborate grille -work. Balconies, balustrades, covered patios and arcades, chimney accents, and other design elements provide architectural articulation to the various building facades. Each building in the clubhouse site has different interior functions and characteristics. The two-story.Main Building, at approximately 10,075 square feet, houses the main restaurant and lounge. The first floor features the kitchen, the main dining room and lounge, and private dining areas. An elevator and stairwell leads to the second floor, which includes another private dining area, a cinema screening room, and the administration offices for the clubhouse (Attachment 4, Page AR01- AR02). The Main Building, at the highest roof ridgeline, is approximately 35 feet in height (Attachment 4, Page AR11). The four-story Men's Building and two-story Pro Shop combined are approximately 16,655 square feet. The lower floor of the Men's Building, which for the most part is below grade, includes the golf cart parking area, and numerous maintenance rooms, offices, and storage areas (Attachment 4, Page AR03). The main floor includes a bar and lounge, the men's locker room, and a wet area that contains shower facilities, lavatories, and hot/cold plunges (Attachment 4, Page AR04). An exterior stairway and interior elevator provides access to the second and third floors. These floors house a total of five residential units, four on the second floor and one on the third floor. Each unit has a dining/living area, a bedroom and bathroom, and a view balcony (Attachment 4, Page AR05-AR06). A covered passageway connects the first floor of the Men's Building to the Pro Shop, which contains a retail area, storage room, and an office. The below -grade lower floor of the Pro Shop is also connected to the lower floor of the Men's Building by a circulation corridor. The height of the Men's Building at the highest roofline is approximately 44 feet, and 48.5 feet at the top of the tallest chimney, measured from the main level. The height of the Pro Shop is approximately 17'-9" from the top of grade facing the motor courtyard, and 30'-9" from the top grade facing the recessed loading dock (Attachment 4, Page AR14-AR15). The two-story Women's Building, including the pool and spa area, is approximately 12,400 square feet. The lower floor of the Women's Building consists mainly of a fitness center and movement center. A staircase and elevator leads up to the first floor, which includes a locker room, restroom facilities, numerous treatment rooms and gardens, a salon, and a lounge (Attachment 4, Page AR07-AR08). Outside of the Women's Building is the clubhouse swimming pool/spa/event lawn area. Located adjacent to the spa are two pool pavilions. One pavilion, the pool bar, consists of a Page 3 of 7 bar and storage areas. The other pavilion is two -stories, with pool equipment storage located on the lower floor and toilet facilities located on the upper first floor (Attachment 4, Page AR09). Similar to the Pro Shop, the Women's Building is situated on multiple grades. The height of the building as seen from the highest grade, where the motor entrance courtyard is located, ranges from approximately 17 feet to 21 feet. The height of the building as seen from the lower grade, nearest to the pool area, is approximately 36 feet. The height of the two pool pavilions, as seen from the pool/spa/event lawn area, are approximately 12'-9" each (Attachment 4, Page AR17-AR18). Parking Lot & Tennis Courts The clubhouse parking lot is located adjacent to the clubhouse site (Attachment 4, Page LR04). A total of 143 parking spaces, including five ADA parking spaces, are provided. Access to the clubhouse is through a paved walking path. However, most patrons are expected to valet park their vehicle in the entrance courtyard. On the far end of the parking lot are two tennis courts. The courts are unlit, and are screened by the typical green tennis fencing. Landscaping Landscaping throughout the clubhouse site is plentiful and is designed to complement the architecture of the various clubhouse buildings (Attachment 4, Page LR02-LR07). Mostly utilized around the clubhouse site are various dense hedges and shrubs, with minimal use of turf, which has been limited to a lawn area outside the Women's Building and the clubhouse site event lawn area. The use of numerous Date Palms, Mexican, Mediterranean, and California Fan Palms sufficiently reflect the Spanish -Mediterranean architecture, while providing proper screening and accents. Other tree plantings include Figs and Citrus Trees, from 36" up to 108" box size. In general, the diverse plant material palette for the clubhouse site is characterized by low water and minimal -maintenance plants. Walls, fences, and gates throughout the clubhouse site have several different design elements (Attachment 4, Page LR08). The various walls include a standard stucco wall, service court wall, and freestanding walls. Wall heights in the submittal have been identified as being a maximum of six feet. At this time, a detailed wall location map has not been submitted, as well as wall elevations. The service entry gate, located near the Pro Shop service area, is designed .with a timber gate frame, decorative bolts, and a laser cut metal screen. The entry gate is complemented with dense shrubs and hedges, and canopy/accent trees. The gate and landscaping effectively screens the trash enclosure and service areas. Page 4 of 7 ANALYSIS: Tentative Tract Map The design of proposed Tentative Tract Map 34969, as conditioned, is generally consistent with the City of La Quinta General Plan and the Madison Club Specific Plan in that its street and lot design are in conformance with applicable goals, policies, and development standards, and will provide adequate circulation, infrastructure and utilities. In keeping with the City's General Plan and The Madison Club Specific Plan consistency, both Meriwether Way and Shackleton Street are proposed to be 28 feet wide, with restricted parking. Minimal deviation from the previously -approved street configuration as part of Tentative Tract Map 33076 includes the widening of Shackleton Street from 20 feet to 28 feet, and connecting the two streets to allow through access. The design of the proposed streets allow for adequate access to and from the clubhouse site and parking lot, the residential units along Shackleton Street, as well as acceptable circulation for delivery and service vehicles for the clubhouse. Site Development Permit Staff finds that the overall architectural style and design of the proposed clubhouse site to be acceptable. Staff has no issues with the proposed clubhouse buildings, parking lot/tennis court area, and landscaping palette, as they are appropriate and well -designed. The clubhouse buildings, including the Pro Shop, Pool Pavilions, and the Pool/Spa/Event Lawn area, are designed such that they serve as a symbolic landmark within the Madison Club. The arrangement and orientation of the clubhouse buildings capitalize on the golf course and mountain views, while being adequately set back and screened from nearby residential units. Additionally, the clubhouse buildings are over 1,000 feet away from the nearest property line of adjacent residential development Carmela to the east, and over 1,500 feet away from Rancho Santana to the north, resulting in a minimal visual impact. Located between Carmela and the proposed clubhouse are residential lots, and the future Villas site. Located between Rancho. Santana and the clubhouse are numerous residential lots, and golf course/open space. The Spanish -Mediterranean architecture and layout of the clubhouse buildings are generally consistent with the development guidelines given in the approved Specific Plan for The Madison Club. Although the height (44 feet) and number of stories (3, excluding basement) may seem disproportional to the surrounding land uses, the proposal complies with the development standards given in the Specific Plan Page 5 of 7 (Attachment 5). Specifically, because the Men's Building and Main Building share common roof area, the clubhouse is in compliance with the development standard that allows ten percent (10%) of the roof area to exceed 40 feet in height. Additionally, the five residential units within the Men's Building is an allowable use as stated in the approved Specific Plan, and each individual unit provides for future ADA-accessibility requirements and includes adequate cooking facilities as required by the La Quinta Municipal Code and California Building Code (Attachment 7). The parking lot and tennis court area is also acceptable. The parking lot is designed with a clear separation of vehicular and pedestrian circulation, and also provides sufficient screening from the neighboring golf course and residential units. The proposal provides for 143 parking spaces, which well exceeds the 116 parking spaces required in the Specific Plan. Additionally, with the exclusion of lighting, the tennis courts are limited to daytime use, thereby minimizing any visual impact on the surrounding area. In general, the landscape palette presented is acceptable (Attachment 6). The proposed species of plants, which are taken from the approved plant list in the Specific Plan, provide diversity, while having the characteristics of being low water users. Canopy and accent trees are fully utilized in complementing the architecture and layout of the clubhouse site. Thorough use of shrubs and groundcover effectively screens trash enclosures, parking areas, and other project areas. ALRC Action On April 4, 2007, the Architecture and Landscape Review Committee reviewed these architectural and common area landscaping plans, and unanimously recommended approval of the Site Development Permit, subject to the following staff -recommended Condition of Approval: 1. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. Public Notice This project was advertised in The Desert Sun newspaper on May 13, 2007, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. Page 6 of 7 FINnINGS Findings necessary to recommend approval of Tentative Tract Map 34969 and Site Development Permit 2007-883 can be made and are contained in the attached Resolutions. RECOMMENDATION 1. Adopt Planning Commission Resolution 2007- recommending to the City Council approval of Tentative Tract Map 34969, subject to the attached Findings and Conditions of Approval; and, 2. Adopt Planning Commission Resolution 2007- , recommending to the City Council approval of Site Development Permit 2007-883, subject to attached Findings and Conditions of Approval. 1. Vicinity Map 2. Location Map 3. Tentative Tract Map 34969 4. ALRC Submission Set (booklet) 5. Madison Club Specific Plan Clubhouse Development Standards 6. Updated Landscape Legend/Schedule 7. Revised Conceptual Residential Unit Kitchen Layout 8. ALRC Minutes of April 4, 2007 Page 7 of 7 PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA OUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 34969, SUBDIVIDING AN AREA WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT INTO A CLUBHOUSE SITE, PARKING LOT, TENNIS COURTS, AND FUTURE VILLAS SITE FOR THE MADISON CLUB CLUBHOUSE CASE NO. TENTATIVE TRACT MAP 34969 APPLICANT: EAST OF MADISON, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12" day of June, 2007, hold a duly -noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on May 22, 2007, to consider a recommendation on Tentative Tract Map 34969, a request to subdivide ±24.0 acres into 8 lots, including a clubhouse lot, parking/tennis court lot, and future residential villas lot, located generally on the south side of Avenue 52 and.west of Monroe Street, more particularly described as: APN: 767-690-036 TO 767-690-040, 767-690-046, 767-200-091, 767-210-082 WHEREAS, the La Quinta Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following findings to justify their recommendation for approval of Tentative Tract Map 34969: 1. The design of proposed Tentative Tract Map is consistent with the city general plan and any applicable specific plans in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because mitigation measures and conditions have been incorporated into the project approval to mitigate impacts where needed. Planning Commission Resolution No. 2007 Tentative Tract Map 34969 East of Madison, LLC June 12, 2007 3. The design of the subdivision or type of improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed, based on applicable local, State, and Federal requirements. 4. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend approval of Tentative Tract Map 34969 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 12`h day of June, 2007, by the following vote to wit: AYES: NOES: ABSENT: •ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS, Assistant City Manager/ Interim Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 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 Tentative Tract Map, or any Final Map recorded there under: 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. This Tentative Tract Map, and any Final Map recorded there under, 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"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 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 e Coachella Valley Unified School District e Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) e California Water Quality Control Board. (CWQCB) •-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 Page 1 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 — MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Unless a project -specific NPDES construction permit is in effect at the time and covers this tentative tract map, a 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. 6. 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): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 'Page 2 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 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. 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. 5. 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). 6. Approval of this Tentative Tract Map 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 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 on the Final Map 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 Page 3 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 1) Private Residential Streets (Meriwether Way and Shackleton Street). Private Residential Streets shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb "street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. 10. The applicant shall offer for dedication on the Final Map a minimum, twenty two foot (22') wide combination drainage and public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of all utility purveyors including IID and CVWD and as approved by the City Engineer. 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 on the Final Map. 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 cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 14. 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. 15. The applicant shall construct the following street improvements to conform with the General Plan. Page 4 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 A. PRIVATE STREETS 11 Private Residential Streets (Meriwether Way and Shackleton Street). Private Residential Streets shall have a 28-foot travel width measured flow line to flow line for curbed streets with on -street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of,drainage conveyance is acceptable to the City Engineer. Improvements shall include appurtenances such as traffic control signs and advance warnings signs, markings and other devices as required by the City Engineer and Community Development Director. Entry drives, main interior circulation routes, 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: Private Residential Streets 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. Page 5 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2607 18. 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. PARKING LOTS and ACCESS POINTS 19. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). 20. Entry drives, main interior circulation routes; corner cutbacks, dedicated turn lanes, ADA accessibility route to private 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. 21. General access points and turning movements of traffic to on site private streets are limited to the access locations approved for Site Development Permit 2007-883 and these conditions of approval. 22. 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. or the approved equivalents of alternate materials. 23. 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. 24. 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. Page 6 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 25. 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. FINAL MAPS 26. Prior to the City's approval of a. Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' Scale. 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. 27. 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. 28. 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 Non -Residential Precise Grading/Storm Drain Plan 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP (unless covered by SWPPP for Tentative Tract Map No. 34969) 1 " = 40' Horizontal Page 7 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 D. Storm Drain Plans 1 " = 40' Horizontal, 1"= 4' Vertical NOTE: A through D to be submitted concurrently. E. On -Site Street Improvements/Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. F. On -Site Residential Precise Grading Plan 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. In addition to the normal set of improvement plans, an "On -Site Non -Residential Precise Grading" plan is required to be submitted for approval by the Building Official, Community Development Director, and the City Engineer. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes 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 On -Site Non -Residential Precise Grading Plan when it is submitted for plan checking. Page 8 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 "On -Site Non -Residential 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. 29. 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). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 30. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 31. 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. IMPROVEMENT SECURITY AGREEMENTS 32. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 33. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 34. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which_ are not a part of the proposed improvements;; and shall provide for the setting of the final survey monumentation. 35. When improvements are phased through a "Phasing Plan, or an administrative approval (e.g., Site Development Permits), all common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements' and obligations required of each subsequent phase shall either be completed, or! secured through a SIA, prior to the completion of homes or the Page 9 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC ' JUNE 12, 2007 occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 36. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain on -site improvements. B. Construct additional on -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. 37. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. 38. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. 39. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. Page 10 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 GRADING 40. The applicant shall, comply with the provisions of Section 13.24.050 (Grading improvements), LQMC. , 41. 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. 42. 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, 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. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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. 43. 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. 44. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. Page 11 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 45. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 46, The applicant shall minimize the differences in elevation between the adjoining properties and the lots 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. 47. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the Public Works Department for a substantial conformance finding review. 48. 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 49. The approved hydrology and drainage report for Tract Map No. 34969 shall be refined for this Tentative Tract Map for stormwater handling as approved by the City Engineer. 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. 06-15 - Underground Retention Basin Design Requirements. 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. Page 12 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 — MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 UTILITIES 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. 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. 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 54. Underground utilities shall be installed prior to overlying handscape. 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. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 55. 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. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 56. The applicant shall comply with Sections 13.24.1.30 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 57. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 58. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention Page 13 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 basins, and parks shall be signed and stamped by a licensed landscape architect. 59. The applicant shall submit the landscape plans for approval by the Community Development Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director, however landscape plans for landscaped median on public streets shall be approved by the both. the Community Development Director and the City Engineer. Where City Engineer approval is not required, the applicant submits for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 61. 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, 5" 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. QUALITY ASSURANCE 62. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 63. 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. Page 14 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED .. TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 64. 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. 65. 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. 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 permit(s). 70. Tentative Tract 34969 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or Page 15 of 16 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE DEPARTMENT 71. Final Fire Department conditions will be addressed prior to final map. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshal conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. COMMUNITY DEVELOPMENT 72. Prior to final map approval, the applicant shall submit to the Community Development Department and Public Works Director for review, a' copy of any proposed Covenants, Conditions, and Restrictions (CC&R's) for the project. If Community Development Director determines City Attorney review is necessary, a deposit will be required for reimbursement of City Attorney review fees. 73. No building permits for the Madison Club clubhouse site shall be issued by the Building and Safety Department until Tract Map 34969 has been recorded with the County of Riverside. Said map shall include the condominiumization of the five residential units on Lot 1. Page 16 of 16 PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE DEVELOPMENT PERMIT 2007-883, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR A PROPOSED CLUBHOUSE FACILITY WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT CASE NO.: SITE DEVELOPMENT PERMIT 2007-883 APPLICANT: EAST OF MADISON, LLC" WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12`h day of June, 2007 hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on May 22, 2007, to consider a request by East of Madison, LLC, for approval of architectural and landscaping plans for a proposed clubhouse facility within the Madison Club residential development, located south of Avenue 52 and west of Monroe Street, more particularly described as: APN: 767-690-036 TO 767-690-040, 767-690-046, 767-200-091, 767-210-082 WHEREAS, the La Quinta Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004; 520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or 'conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 41h day of April, 2007, hold a public meeting to review and recommend approval of architecture and landscape plans for said clubhouse facility for The Madison Club; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan: The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a Planning Commission Resolution No. 2007- Site Development Permit 2007-883 East of Madison, LLC June 12, 2007 clubhouse facility in an approved residential tract, which is General Plan - designated for LDR (Low Density Residential) development. 2. Consistency with the Zoning Code: The proposed project, as conditioned, is consistent with the development standards of the City's Zoning Code, in terms of architectural style, building heights, building mass, parking, and landscaping. The Site Development Permit is consistent with the La Quinta Zoning Map, as it proposes a clubhouse facility in an approved residential tract zoned for RL (Low Density Residential) development. The Site Development Permit has been conditioned to ensure compliance with the zoning: standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed Site Development Permit is not subject to :the requirements of the California Environmental Quality Act (CEQA), as the site has been previously assessed in conjunction with Environmental Assessment 2004- 520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design: The architectural design aspects of the proposed Site Development Permit provide interest through use of varied roof element heights, enhanced building entries, facade treatments, colored roof tiles and other design details which will be compatible with, and not detrimental to, surrounding development,, and with the overall design quality prevalent in the City. 5. Site Design: The site design aspects of the proposed Site Development Permit will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. 6. Landscape Design: The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code, as well as the approved Specific Plan for the Madison Club. The project landscaping for the proposed Site Development Permit, as Planning Commission Resolution No. 2007- Site Development Permit 2007-883 East of Madison, LLC June 12, 2007 conditioned, shall unify and enhance visual continuity of the proposed homes with surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to accentuate views and blend with the building architecture. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend approval of Site Development Permit 2007-883 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 12`" day of June, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS, Assistant City Manager/ Interim Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 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. This site development permit shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary applicable clearances and/or permits from the following agencies: • 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 • Coachella Valley Unified School District • Coachella,. Valley Water District (CVWD) Imperial Irrigation District (IIDI • California Water Quality Control Board (CWQCB) • 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. 4. Unless a project -specific NPDES construction permit is in effect at the time and covers this Site Development Permit, a 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 Page 1 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 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, the State Water Resources Control Board's Order No. 99- 08-DWQ and conditions of Tentative Tract 34969. 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): 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 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. Note: If the existing NPDES construction permit for TTM 34969 is still applicable, Page 2 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 Conditions 3) and 4) may be satisfied. 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 private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 11 Private Residential Streets (Meriwether Way and Shackleton Street). Private Residential Streets shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. STREET AND TRAFFIC IMPROVEMENTS Page 3 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 10. 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. 11. The applicant shall construct the following street improvements to conform with the General Plan. A. PRIVATE STREETS 1) Private Residential Streets (Meriwether Way and Shackleton Street). Private Residential Streets shall have a 28-foot travel width with on - street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Improvements shall include appurtenances such as traffic control signs and advance warnings signs, markings and other devices as required by the City Engineer and Community Development Director. Entry drives, main interior circulation routes, and other features shown on the approved construction plans, may require additional street 'widths as may be determined by the City. Engineer. 12. 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: Private Residential Streets 3.0" a.c./4.5" c.a.b. Or the approved equivalents of alternate materials 13. 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 Page 4 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 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. 14. 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. PARKING LOTS and ACCESS POINTS 15. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). 16. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes, ADA accessibility route to private 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. 17. General access points and turning movements of traffic to on site private streets are limited to the access locations approved for Site Development Permit 2007-883 and these conditions of approval. 18. 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. or the approved equivalents of alternate materials. 19. 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. Page 5 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 20. 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. 21. 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. 22. 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. 23. 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 Non -Residential Precise Grading/Storm Drain Plan 1 " = 20' Horizontal B. PM10 Plan 1 " = 40' Horizontal C. SWPPP (unless covered by SWPPP for Tentative Tract Map No. 34969) 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. Page 6 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 In addition to the normal set of improvement plans, an "On -Site Non -Residential Precise Grading" plan is required to be submitted for approval by the Building Official, Community Development Director, and the City Engineer. The applicant shall prepare an accessibility assessment on'a marked up print of the building floor plan identifying every building egress and notes 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 On -Site Non -Residential Precise Grading Plan when it is submitted for plan checking. "On -Site Non -Residential 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. 24. 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 Drawing hyperlink. 25. The applicant shall furnish a complete set of mylars of all approved improvement plans on a storage media acceptable to the City Engineer:. 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. IMPROVEMENT SECURITY AGREEMENTS 26. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. PRECISE GRADING 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. Page 7 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 28. 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. 29. To obtain an approved precise grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, 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. 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. 30. 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. 31. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5 feet) from the elevations shown on the Preliminary Grading Plan submitted with this Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 32. Prior to the issuance of a. building permit for any building lot, the applicant shall provide a pad elevation and geotechnical certification stamped and signed by a qualified engineer or surveyor, as applicable. Page 8 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 DRAINAGE 33. The approved hydrology and drainage report for Tract Map No. 34969 shall be refined for this Site Development Permit for stormwater handling as approved by the City Engineer. 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. 06-15 - Underground Retention Basin. Design Requirements. 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. UTILITIES 35. The applicant shall comply with the provisions of Section 18.24.110 (Utilities), LQMC. 36. 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. 37. 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. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 38. The City will conduct final inspections of habitable buildings only when the buildings have improved entry drive and (if required) sidewalk access to private streets. The improvements shall include required traffic control devices, pavement markings and street name signs. Page 9 of 12 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 LANDSCAPING AND IRRIGATION 39. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LOMC. 40. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 41. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 42. The applicant shall submit the landscape plans for approval to plan checking by the Community Development Department. When plan checking has been completed by the Community Development Department and the Public Works Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director and the City Engineer. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 43. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director and the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 44. 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, 5' 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. QUALITY ASSURANCE 45. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. Page 10 of 12 PLANNING COMMISSION RESOLUTION 2007 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 46. 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. 47. 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. 48. 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. MAINTENANCE 49. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 50. 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 51. 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. 52. 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). Page 11 of V PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JUNE 12, 2007 FIRE DEPARTMENT 53. 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. SHERIFF'S DEPARTMENT 54. 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. COMMUNITY DEVELOPMENT 55. 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. 56. No signage is permitted with this approval. A separate permit from the Community Development Department is required for any temporary or permanent signs. 57. The tennis courts within the clubhouse site shall not be lit. Future lighting of the tennis courts are subject to LQMC Section 9.60.150, and shall require approval of a Minor Use Permit. 58. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 59. The residential units within the Men's Building shall be sold and used as individual residential units, and shall not be used for transient purposes. 60. No building permits for the Madison Club clubhouse site shall be issued by the Building and Safety Department until Tract Map 34969 has been recorded with the County of Riverside. Said map shall include the condominiumization of the five residential units on Lot 1 Page 12 of 12 Section Five ATTACHMENT #5 Develo 5.4.2 Golf / Clubhouse Development Standards TABLE 6 Golf / Clubhouse Development Standards Min. - Max. Building Site Max. Building Height (Excluding Basement)' Max. Number of Stories Min. Building Setbacks From all perimeter R.O.W.'s From Abutting Residential Parcels From Private Street or Parking Area From Internal PL within same project Min. Building Separation Parking Guest Suites TYPE • Roof Projections such as chimneys, roof vents, finials, spires, and similar architectural features not containing usable space. • Roof overhangs, chimneys, awnings, and canopies. • Cantilevered seating windows or ledges, which are located a minimum of 1' above the floor and do not increase a building's usable floor area. • Balconies, exterior stairways, and elevated uncovered decks, which do not increase a building's usable floor space. N/A 40' 3 30' 30' 8' 0` 6' 116 automobile spaces plus 30 golf cart spaces per parking standards in Table 7. May be added to the Clubhouse subject to additional review and approval of the City. If added, the total shall not exceed 10 units, shall not cause to exceed total units allowed by the Specific Plan, and shall be subject to the City ordinances governing transient occupancy tax. ALLOWANCE 15' projection allowed 3' projection allowed 2 3' projection allowed 2 4' projection allowed 2 FOOTNOTES 1. Any portion of a basement above a finish grade shall be excluded from the calculation of building height. Ten percent (10%) of the roof area may exceed the maximum 40' height requirement to a maximum of 52'. Maximum height of any tower constructed as part of the clubhouse design shall not exceed 72' in height. 2. Provided such projections do not extend over the property line. 44 "The Madison club" specific Plan 99-035 Amendment.41 - - 5-3 February 2005 - _ ATTACHMENT 6 GROUNDCOVERLEGEND SYMBOL CITY BOTANICAL NAME COMMON NAME SIZE/ SPACING 35 ACACIA REDOLENS ACACIA REDO ENS 1 GAL. 6' O.C. TRIANGULAR SPACING F/7/A55 CARPET STOCK TYP.) STOCK, RED CARPET OSE 2 GAL. O.C. (GRAFTED (GRAFTED , TRIANGULAR SPACING U 55 ROSA'KNOCKOUT' ROSE'KNOCK UT 5 GAL. U O.C. TRIANGULAR SPACING r r.r r r r r r 65 - TRACHELOSPERMUM JASMINOIDES STAR JASMINE 1 GAL.30"O.C. TRIANGULAR SPACING r r r r 650 sf BULUS EYE BERMUDA SOD PERENNIAL LEGEND SYMBOL CITY BOTANICAL NAME COMMONtNIL SIZE/ SPACING 0 0 0 0 0 0 o 10 1 GAL. 24* O.C. 0 00o AGAPANTHUS AFRICANUS =LILYOFTRIANGULAR SPACING 0.0 000 0-0-0 0 0 0 'PETER PAN' LLLLL LLLLLLL L LLLLLLLLLLLLLLL LLLLLLLLLLLLLLL 75 DIETES BICOLOR FORTNIGHT LILY 5 GAL.36" O.C. TRIANGULAR SPACING LLLLLLLLLLLLLLL LLLLLLLLLLLLLLL 840 @ 4" VARIETY TO INC UDE 50% - 4" POTS 8" O.C. - 50% -1 GAL. @ 12" O.C. qGAL. POTS SEASONAL COLOR PERENNIALS OF TRIANGULAR SPACING 375 4" 1 VARYING HEIGH 5'-0" TO TO BE SELECTED BY L.A. 45 SHRUB LEGEND SYMBOL OTY BOTANICAL NAME COMMON NAME SIZE REMARKS 29 ALYOGYNE HUEGELII BLUE HIBISCUS 5 GAL 'SANTA CRUZ XYLOSMA CONGESTUM GLOSSY XYLOSMA 5 GAL 0 17 O 179 BUXUS JAPONICA BOXWOOD 5 GAL GREEN BEAUTY' O 18 CALLISTEMON'LITTLE JOHN' BOTTLE BRUSH 5 GAL ® 47 CARISSA,TUTTLE' NATAL PLUM 5 GAL CL 39 COTONEASTER LACTEUS RED CLUSTERBERRY 5 GAL Q 73 GARDENIA JASMINOIDES GARDENIA 5 GAL VEITCHII' O 8 LONICERA'HALLIANA' HALLS HONEYSUCKLE 5 GAL e 36 OSMANTHUS FRAGRANS SWEET OLIVE 5 GAL Q 5 PYRACANTHA COCCINA FIRETHORN 15 GAL ' ESPALIER FORM RO 24 ROSA'ICEBERG' ROSE 5 GAL O ROSEMARINUS OFFICINALIS ROSEMARY TUSCANBLUE 5 GAL 94 TUSCAN BLUE' SS 46 SOPHORA SECUNDIFLORA TEXAS MOUNTAIN LAUREL 15 GAL 11 SOPHORA SECUNDIFLORA TEXAS MOUNTAIN LAUREL 24" BOX O 28 TECOMA STANS 'ORANGE NCN 5 GAL JUBILEE' TC 45 TECOMARIA CAPENSIS CAPE HONEYSUCKLE 5 GAL 46 O o000g m m � C8 N A L W w W r m A . �. � NOwi ce w - - O ce - :, Vl �Z "' m -r z m � Z i W D � ED O CD O c 0 2 C. Z, Z fn m Z 0 X cn O D co D > n m zi -4 O D z m Z D . . O D -I v U) z v m O 0 O 9 . m m c D z m m c m y m O •n c ar -1 n .. -u n m m O X � z 0 m z m m X D K m p m X m m m m m Cf) m m m w m Co m m m c m _0v m 03 O m m m 'o m v m ry X z Z. Z Z z 3 -t -VOr >OZD N c n D 3Wcz m �tOn< �z - CD D� 00 cv c(n o r 0 j� Z -rt m D -i mOZ X0 O x c �cD Oi z cn..-. 03m D ➢ r m - 47 -ATTACHMENT #7' A11 C XY YPI6 XY © IXY) B.1Rll�f Hll [�: I'� Al2 ,*W'i, --- ' BUILTMICROWAVE OVEN O ABOVECOUNTER \ ELECTRIC COOKTOP DOUBLE BASIN SINK —_4, \ WINE STORAGE ;REFRIGERATOR/FREEZER '. COMBINATION DRAWERS I -- I I I -- L, SK070518A 05001 - Madison Club Men's Golf Bldg Unit 1 Revised Kitchen Layout 0 1' T 4 8 BAR Architects-05.18.2007 1/4" = 1' 0' - �II�IAO�IIE1�1 A9 A10 O II -- I I ® BUILT-IN MICROWAVE OVEN ---' ABOVE COUNTER ELECTRIC COOKTOP ® / a DOUBLE BASIN SINK US ---- AE WINE STORAGE', TI L____ I I Wit- I REFRIGERATOR/FREEZER' COMBINATION DRAWERS L� I I �I I AF - I I. SK070518B 05001 -Madison Club Men's Golf Bldg Unit 2 Revised Kitchen Layout 0 1' 2' 4' B' BAR Architects 05.18.2007 1/4" = V-0" n A7 Film CE91il lff SINK ELECTRIC COOKTOP —J F U° I BUILT-IN MICROWAVE OVEN I ABOVE COUNTER WINE STORAGE REFRIGERATOR/FREEZER COMBINATION DRAWERS AF I I I SK070518C 05001 - Madison Club Men's Golf Bldg Unit 3 Revised Kitchen Layout 0 1' 2' ' 4' 8' BAR Architects 05.18.2007 1/4" = 1'-0" <arn��x* ©cur enxni.uii rie r, REFRIGERATOR/FREEZER COMBINATION DRAWERS WINE STORAGE DOUBLE BASIN SINK BUILT-IN MICROWAVE OVEN ABOVE COUNTER ==-} ELECTRIC COOK OP --- SK0705180 05001 - Madison Club Men's Golf Bldg Unit 4 Revised Kitchen Layout 0 r' 2' 4' 8' BAR Architects. 05.18.2007 1/4" = 1' 0" e or rxixxr V ron enxni.enii e�. n , --- BUILT-IN MICROWAVE OVEN ABOVE COUNTER �lJ - L-= ELECTRIC COOKTOP m DOUBLE BASIN SINK AE P/ 1 - WINE STORAGE REFRIGERATOR/FREEZER COMBINATION DRAWERS I I I I I : I I II I li I I I I SK07051BE 05001 - Madison Club Men's Golf Bldg Unit 5 Revised Kitchen Layout 0 1' 2' 4' 8' BAR Architects 05,18.2007 1/4"=1'4' COVYRIY Mi © f��l 9[�0.1I11_H fI Ff-T1 ATTACHMENT f Architecture and Landscaping Review Committee April 4, 2007 ` C. Site Development Permit 2007-883• a request of East of Madison LLC for consideration of buildings, parking lot, tennis court, and landscaping plans for the Madison Club Clubhouse located on the southwest corner of Monroe Street and Avenue 52. 1. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Jeff Prevost who gave a presentation on the project. 2. Committee Member Bobbitt stated his concern is that the height of the building seems extremely high. Staff stated it is an unusual height, but their Specific Plan does allow this height. Committee Member Bobbitt questioned the date palm tree as they are having a lot of problems with this tree in the Valley. Mr. Jeff Prevost sated they are looking at the tree and have become aware of some of the problems with this tree. 3. There being no further questions, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2007-007 recommending approval. of Site Development Permit 2007-883, as recommended. Unanimously approved D. Site Development P rmit 2007-882; a request of rancher Development Services, Inc. (Mimi's Cafe) for consideration of architecture and landsca ing fora 7,724 square foot restaurant; in the Komar Desert Center loc ed at the southeast corner of Highway 1 1 1 and Depot Drive. 1. Assistant Planner Yv nne Franco presented the information contained in the staff port, a copy of which is on file in the Community Developme Department. Staff introduced Moni Dosanjh who gave a pres ntation on the project. He asked that Condition 1 regarding the lectrical transformer, be amended to allow them flexibility if Imp vial Irrigation District (IID) asks them to move it. 2. Committee Member Bobbitt \themain sted they give IID room to install their transformer by ketheir planting back as far as possible without changing the 3. Mr. Dosanjh also asked that entry to the building be retained as designed as theythe main entrance to stand 48 0 FILENAME 1p 4GAWP0OCS\ALRC\44-07.DOCA 4 PH #B PLANNING COMMISSION STAFF REPORT DATE: JUNE 12, 2007 CASE NUMBER: SITE DEVELOPMENT PERMIT 2006-857 APPLICANT: COACHELLA VALLEY HOUSING COALITION ARCHITECT: INTERACTIVE DESIGN GROUP LANDSCAPE ARCHITECT: RGA LANDSCAPE ARCHITECTS, INC. REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR THE DUNE PALMS NEIGHBORHOOD COMMUNITY CENTER LOCATION: NORTHWEST CORNER OF DUNE PALMS ROAD AND AVENUE 48 ENVIRONMENTAL CONSIDERATION: THIS PROJECT HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 2004-524 FOR SPECIFIC PLAN 97-011, AMENDMENT NO. 3 FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN AND COMPLETED AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2004-524 FOR SITE DEVELOPMENT PERMIT 2005-824. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED WHICH WOULD REQUIRE THE PREPARATION OF ANY SUBSEQUENT ENVIRONMENTAL EVALUATION PURSUANT TO PUBLIC RESOURCES CODE SECTION 211.66. GENERAL PLAN: RC (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) SURROUNDING LAND USES: NORTH: SAM'S CLUB SOUTH: AVENUE 48; RANCHO LA QUINTA EAST:. DUNE PALMS ROAD; DSUSD OFFICE WEST: WATERCOLORS Page 1 of 5 BACKGROUND The Dune Palms Neighborhood apartment complex, located at the northwest corner of Dune Palms Road and Avenue 48, received Specific Plan and Site Development Permit approval on April 4, 2006 (SP 2006-078, SDP 06-857) (Attachment 1). The currently vacant project area, which encompasses approximately 14.8 acres, is approved to be developed into a t 220-unit affordable high -density apartment complex (Attachment 2). The original Site Development Permit approval focused on the residential units, and identified plans for the Community Building would be submitted at a future date for review and approval. For this meeting, the applicant is requesting consideration of the structure and design of the Community Building, as well as associated landscaping plans. PROJECT REQUEST Community Building: Included with this proposal are plans for the approximately 8,352 square foot Community Building, which includes a neighborhood community center, childcare center, and pool area (Attachment 3, Sheet Al). Vehicular access to the project site is off of the rcentral driveway leading from Dune Palms Road. Pedestrian pathways are also provided throughout the complex that connect the Community Building to the apartment units. A total of seven parking spaces are proposed, including two ADA-accessible spaces, which complies with the number of spaces required.in the Specific Plan. The Community Building, like the apartment units, has been designed to reflect a Mission Revival architectural style, and includes use of red clay S-tile roofing, off- white hand -trowelled stucco walls, French doors, aluminum -framed arched windows, and round concrete columns. Strategically -placed decorative metal bars, covered patios, and other design elements provide architectural articulation to the various building facades (Attachment 3, Sheet A3). The proposed gable -styled roofs have pitches at 3'/2:12 (Attachment 3, Sheet A2). The Community Building features two facilities that share a common wall, with each facility having different interior functions and characteristics. The two-story community center; at approximately 3,573 square feet, features a large lobby/reception area, computer lab, meeting room, large community room, kitchen facilities, and an office (Attachment 3, Sheet Al). The community center also houses the Manager Unit and includes a community pool area. An exterior entrance and stairwell at the rear (north side) of the community center leads to the 1,466 square foot second -story Manager Unit, which includes three bedrooms, two bathrooms, and two balconies (Attachment 3, Sheet Al).. The community center facility, at the highest ridgeline, is approximately 24 feet in height (Attachment 3, Pan. 7 of 5 Sheet A3►. The community pool facility, includes shaded arcade (Attachment 3, Sheet A1). area, located adjacent to the community center areas, storage space, , and restroom facilities The other facility within the Community Building consists of a childcare center. The approximately 3,313 square foot child care center features a lobby/reception area, an office, kitchen facilities, a large classroom area, and, an approximately 2,200 square foot outdoor play area. A shaded outdoor arcade area with ceiling fans is also provided outside of the childcare facility (Attachment 3, Sheet All. The height of the childcare facility, at the highest ridgeline, is approximately 15 feet (Attachment 3, Sheet A3). Landscaping: The landscape plan for the Community Building identifies a plant palette consisting of trees, shrubs, and groundcover consistent with what was approved as part of the original Site Development Permit and Specific Plan (Attachment 3, Sheet 11). Landscaping throughout the Community Building facilities is plentiful and designed to complement the architecture of the building. The applicant proposes the use of Tipu trees, Purple Leaf Plum trees, a variety of small and large accent shrubs, and groundcover within the landscape setback along Dune Palms Road and in areas immediately surrounding the Community Building. Mexican Fan Palms are proposed to be used in the pool area, and vines such as Bougainvillea and Cape Honeysuckle are proposed to be utilized on the fencing throughout the project site. A cobble walkway provides pedestrian access from Dune Palms Road into the complex. Raised planters, colored concrete, and enhanced paving are proposed to delineate all courtyards, pathways, patios, and pool decking. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 3, Sheet 11). Low wattage path lights are proposed to be placed a various locations around the building. Up - lighting of the trees around the project site are done with a low wattage fluorescent up -light. Walls are proposed to be lit up using low wattage wall washers placed around the pool and outdoor lawn areas (Attachment 3, Sheet 11 — 12). Walls, fences, and gates throughout the Community Building site have several different design elements. A maximum five-foot high meandering perimeter concrete masonry unit (CMU) wall is proposed along Dune Palms Road; the precise location of this wall will be dependent upon a final grading plan and noise impacts considerations. The same CMU wall also runs the interior of the project site at a maximum of six -feet in height along the play area, and also adjacent to the pool area along with a five-foot high pool fence. The fences and landscaping together effectively screen the pool area and outdoor play area (Attachment 3, Sheet AQ. PA.A I of F ANALYSIS Staff finds that the overall architectural style and design of the proposed Community Building to be acceptable. Staff has no significant issues with the proposed community center, childcare center, community swimming pool, and landscape palette, as they are appropriate and well -designed. The Mission Revival architecture and layout of the Community Building is compatible with the development guidelines given in the approved Specific Plan for the Dune Palms Neighborhood. Staff is recommending the applicant install additional solar protection measures, such as the awnings approved for the apartment units as part of the original Site Development Permit, for the three Manager Unit bedroom windows on the second -story of the west -facing building elevation, and two kitchen/living room windows on the second -story of the east -facing building elevation. The remaining Community Building windows are either adequately shaded or located in a minimally -used space. The Community Building facility is also designed with an adequate separation of vehicular and pedestrian circulation, and also provides sufficient screening from Dune Palms Road and neighboring residential units. Additionally, the strategic placement and minimal use of outdoor landscape lighting results in a safe and secure environment, while having a minimal visual impact on the surrounding areas. In general, the landscape palette presented is acceptable. The proposed species of plants, which are taken from the approved plant list in the Specific Plan, provide diversity, while having the characteristics of being functional and low water users. Canopy and accent trees are fully utilized in complementing the architecture and layout of the Community Building. Thorough use of shrubs and vines effectively screens trash enclosures, parking areas, and other project aspects. ALRC Action On May 23, 2007, the Architecture and Landscape Review Committee reviewed these architectural and common area landscaping plans, and unanimously recommended approval of the Site Development Permit, subject to the following Conditions of Approval: 1. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. 2. The applicant shall remove Yellow Oleander from the landscaping palette and replace it with another larger shrub. Pan. Q of 9 3. The applicant shall replace the proposed up -lighting fixtures with an alternative fixture' less susceptible to damage and maintenance issues. 4. The applicant shall install a misting system in the shaded arcade near the outdoor play area in the child care center. Public Notice This project was advertised in The Desert Sun newspaper on June 1, 2007, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. 3Imp]l kl rc:ki Findings necessary to recommend approval of the Community Building architectural and landscaping plans for Site Development Permit 2006-857 can be made, and are contained in the attached Resolution. RECOMMENDATION 1. Adopt Planning Commission Resolution 2007- `recommending to the City Council approval of the Community Building architectural and landscaping plans for Site Development Permit 2006-857, subject to the attached Findings and Conditions of Approval. Prepared by: JAY UU, Assistant Planner Attachments: 1. Vicinity Map 2. Dune Palms Neighborhood Site Plan 3. Community Building Submittal Packet 4. ALRC Minutes of May 23, 2007 Page 5 of 5 PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE COMMUNITY BUILDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE DUNE PALMS NEIGHBORHOOD RESIDENTIAL PROJECT CASE NO.: SITE DEVELOPMENT PERMIT 2006-857 APPLICANT: COACHELLA VALLEY HOUSING COALITION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 121h day of June, 2007 hold a duly noticed Public Hearing to consider a request by Coachella Valley Housing Coalition, for approval of architectural and landscaping plans for a proposed Community Building within the Dune Palms Neighborhood residential development, located north of Avenue 48 and west of Dune Palms Road, more particularly described as: PARCEL 4 OF PARCEL MAP 33588 WHEREAS, the La Quinta Community Development Department has determined that this request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68)• The City Council certified Environmental Assessment 2004-524 for Specific Plan 97-01 1, Amendment No. 3 for the Centre ' at La Quinta Specific Plan and completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 23rd day of May, 2007, hold a public meeting to review and recommend approval of architecture and landscape plans for said Community Building for the Dune Palms Neighborhood; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan: The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a Community Building facility in an approved residential development which is General Plan - designated for RC (Regional Commercial) development, which permits affordable high density residential developments. Planning Commission Resolution No. 2007- Site Development Permit 2006-857 Coachella Valley Housing Coalition June 12, 2007 2. Consistency with the Zoning Code: The proposed project, as conditioned, is consistent with the development standards of the City's Zoning Code, in terms of architectural style, building heights, building mass, parking, and landscaping. The Site Development Permit is consistent with the La Quinta Zoning Map, .as it proposes a Community Building facility in an approved residential development zoned for RC (Regional Commercial) development that permits affordable high density residential developments. The Site Development Permit has been conditioned to ensure compliance with the zoning standards of the RC district, and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed Site Development Permit is not subject to the requirements of CEQA as the site has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2004-524 for Specific Plan 97-011, Amendment No. 3 for the Centre at La Quinta Specific Plan and completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design: The architectural design aspects of the proposed Site Development Permit provide interest through use of varied roof element heights, enhanced building entries, facade treatments, colored roof tiles and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 5. Site Design: The site design aspects of the proposed Site Development Permit will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other site design elements such as scale, mass, and appearance. 6. Landscape Design: The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code, as well as the approved Specific Plan for the Dune Palms Neighborhood. The project landscaping for the proposed Site Development Permit, as conditioned, shall Planning Commission Resolution No. 2007- Site Development Permit 2006-857 Coachella Valley Housing Coalition June 12, 2007 unify and enhance visual continuity of the proposed residential units with surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species that blend with the building architecture. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend approval of the Community Building architectural and landscaping plans for Site Development Permit 2006-857 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 121" day of June, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS, Assistant City Manager/ Interim Planning Director City of La Quinta, California PLANNING COMMISSION MINUTE MOTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 — DUNE PALMS NEIGHBORHOOD COACHELLA VALLEY HOUSING COALITION JUNE 12, 2007 GFNFRAI 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. This Site Development Permit shall comply with the requirements and standards of the La Quinta Municipal Code ("LQMC"). All Conditions of Approval for Specific Plan 2006-078 and Site Development Permit 2006-857 apply to this Site Development Permit, including permit expiration. LANDSCAPING AND IRRIGATION 3. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 4. The applicant shall remove Yellow Oleander from the landscaping palette and replace it with another larger shrub. 5. The applicant shall replace the proposed up -lighting fixtures with an alternative fixture less susceptible to damage and maintenance issues. 6. The applicant shall install a misting system in the shaded arcade near the outdoor play area in the child care center. 7. The applicant shall submit the landscape plans for approval to plan checking by the Community Development Department. When plan checking has been completed by the Community Development Department and the Public Works Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the _ Community Development Director and the City Engineer. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. Page 1 of 2 PLANNING COMMISSION MINUTE MOTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 — DUNE PALMS NEIGHBORHOOD COACHELLA VALLEY HOUSING COALITION JUNE 12, 2007 NOTE: Plans are not approved for construction until signed by the Community Development Director. FIRE DEPARTMENT 8. 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. SHERIFF'S DEPARTMENT 9. 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. COMMUNITY DEVELOPMENT 10. 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. 11. No signage is permitted with this approval. A separate permit from the Community Development Department is required for any temporary or permanent signs. 12. A Temporary . Use Permit shall be required prior to placement of construction materials or trailers on site. Page 2 of 2 ATTACHMENT 1 0 BOTH no el s ATTACHMENT 4 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING - A Special meeting held at the La Quinta City Fall 78-495 Calle Tampico, La Quinta, CA' May 23, 2007 10:00 a.m. I. CALL TO ORDER A. This special meeting of the Arc tectural and Landscaping Review Committee was called to order a 10:30 a.m. by Planning Manager Les Johnson. B. Committee Mem/gManager t: Bill Bobbitt, Frank Christopher, and Tracy Smith. C. Staff present: PlaLes Johnson, Assistant Planner Jay Wuu, and Executiy Betty Sawyer. II. PUBLIC COMMENT: one. III. CONFIRMATION F THE AGENDA: Confirmed IV. CONSENT CA NDAR: A. It as moved and seconded by Committee Members Bo itt/Christopher to .approve the minutes of May 2, 2007 as s mitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2006-857; a request of Coachella Valley Housing Coalition for consideration of building and landscaping plans for the Dune Palms Neighborhood Community Center located at the northwest corner of Dune Palms Road and Avenue 48. 1. Assistant Planner Jay Wuu presented the: information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Martin Brunner, and Ron Gregory, of Ron Gregory Landscape Architects, who gave a presentation on the project. i Architecture and Landscaping Review Committee May 23, 2007 2. Committee Member Christopher asked what materials would be used for the awning. Mr. Brunner stated there were two types of materials. 3.. Committee Member Bobbitt asked about the Tipawana tree. Mr. Gregory stated they had no objection to changing the tree type. Committee Member Bobbitt suggested the trees be switched around. He also asked about the low -voltage lighting and whether the cables would be installed deep enough to keep them from being cut during maintenance. It is best to run them on the perimeter along the hard surfaces; in conduit, or at least 12 inches down. Another suggestion would be to run the control wires at the same time the trenches are being dug. 4. Committee Member Smith stated it would probably depend on how many are being installed. He would recommend that well Tights be used to alleviate these problems. 5. Committee Member Bobbitt suggested that if they use the well lights that they have the formed concrete casing to protect them. 6. Committee Member Smith asked why the lawn area did not have shade trees. Mr. Martin stated the play area had not been defined. yet. Committee Member Smith asked that the covered patio have commercial grade misters and four or five shade trees. Take the yellow oleander poisonous trees off the list. 7. There being no further questions, it was moved and seconded by Committee Members Christopher to adopt Minute Motion 2007-011 recommending approval of Site Development Permit 2006-857, as recommended by staff and amended as follows: a'. Yellow oleander tree replaced. b. A misting system shall be added to the patio. c. A modified well light fixture be submitted for staff approval. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: 2 PH #C PLANNING COMMISSION STAFF REPORT DATE: JUNE 12, 2007 CASE NO: SITE DEVELOPMENT PERMIT 2006-868 APPLICANT: REA LA QUINTA, LLC ARCHITECT: KKE ARCHITECTS LANDSCAPE ARCHITECT: CUMMINGS CURLEY AND ASSOCIATES, INC. REQUEST: REVIEW OF ARCHITECTURAL AND LANDSCAPING PLANS FOR A 5,723 SQUARE FOOT FREESTANDING BUILDING LOCATION: NORTH SIDE OF HIGHWAY 111, WEST OF JEFFERSON STREET IN JEFFERSON PLAZA ENVIRONMENTAL REVIEW: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 96-325 PREPARED FOR SPECIFIC PLAN 96-027 WHICH WAS CERTIFIED BY THE CITY COUNCIL. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED, OR NEW INFORMATION HAS BEEN SUBMITTED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: CR (REGIONAL COMMERCIAL) GENERAL PLAN DESIGNATION: M/RC (MIXED REGIONAL COMMERCIAL)' SURROUNDING ZONING AND LAND USES: NORTH: FP / FLOOD CONTROL CHANNEL SOUTH: CR / RETAIL CENTER EAST: CR / RETAIL CENTER WEST: CR / RETAIL CENTER UNDER CONSTRUCTION P:\Reports - PC\2007\6-12-07\sdp 2006-868 REA LQ\sdp 2006-868 pc rpt.doc BACKGROUND: The project site is within Jefferson Plaza on the north side of Highway 111 (Attachment 1). This center has been constructed in phases by different developers and consists of ]HOP and Home Depot to the east and Jack -in the -Box to the west. Immediately to the north is a 58,300 square foot building containing 990 Cents Only, Smart and Final, and other smaller shops recently constructed by the same developer as the current applicant. Vehicular access to the building is through existing parking lot improvements on the north side of the building. PROJECT PROPOSAL AND DISCUSSION: Proposed is a 5,723 square foot freestanding building adjacent to Highway 111 between Jack -in -the -Box and IHOP on its own parcel (Attachment 2). The parking lot improvements surrounding the unimproved building and parking site have been installed. Additionally, the Highway 111 parkway improvements have been installed with Phase 1. Jack -in -the -Box and IHOP are on individual parcels and were constructed a number of years ago by other developers not associated with this applicant. The building is designed similar to the existing Smart and Final/990 Only shop structure to the north in the same center. Colors and materials will match the first phase construction. The building uses complementary colors on different building planes of the walls.Dark green awnings will be provided over most windows and recessed openings on all sides of the building. The flat roof structure is a maximum 22' high with one flat roof tower on the southwest corner of the building at 26' high. Enclosed are pictures of the existing Smart and Final/990 only shop structure for reference (Attachment 3). The trash enclosure to the west side of the building will be plastered and painted to match one of the building plaster colors and provided with a solid metal door. A preliminary landscaping plan has been submitted. This plan has been prepared by the Landscape Architect who prepared the Smart & Final/990 Only area plans. It uses the same plants and design concept used in the adjacent first phase to the north. Although the Highway 111 parkway has been previously planted, it will need to be revised due to the requirement to provide a deceleration lane into the center and widening of the driveway into the center on the west end of the site. This will necessitate revisions to the existing landscaping improvements and monument sign. The center has been developed in phases with each providing adequate parking spaces to comply with the Code requirements. The most recent and largest phase was the 58,365 square foot inline building to the north containing Smart and Final and 990 Only. The phase required 233 spaces and 275 spaces are provided. This building requires 23 spaces and 29 are provided within the parcel boundaries. PAReports - PC\2007\6-12-07\sdp 2006-868 REA LQ\sdp 2006-868 pc rpt.doc A sign program has been approved for the center and will apply to this building. ANALYSIS: The architectural design of the building is compatible with the center construction to the north. Although the structure is flat -roofed, the building is provided with vertical and horizontal plane articulation, color variation and overhanging awnings and arcades. The building provides acceptable building articulation and shade protection over glass areas. The landscaping is compatible with the existing center and Highway 111frontage landscaping, attractively designed and utilizes water efficient plants. The monument sign will need to be relocated due to the widening of the driveway to align with the Costco driveway to the south. If excessively damaged when it is relocated, the monument sign will need to be re -designed and approved by the Community Development Director. Due to its location and perimeter planting, the sign may be partially obstructed for traffic traveling west on Highway 1 1 1. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE: The Architecture and Landscaping Review Committee (ALRC) reviewed this request at their meeting of May 2, 2007 (Attachment 3) and recommended approval of the architectural and landscaping plans, subject to the following conditions: 1. A vine shall be provided on the west side of the trash enclosure. 2. Provide substitute plant for Ocotillo (Fouquieria splendens) on east side of building because plant requires full sun. 3. Shrubs on north side of building shall have open branching characteristics and maximum 3' height to ensure traffic visibility. 4. The Chilean Mesquites shall be replaced with an alternate deep rooting canopy tree appropriate for parking lots. 5. Sod rather than stolons shall be used in turf areas. The turf at the east end of the perimeter area shall be shaped to blend in with any turf to the east. 6. Bollard lighting shall be provided along the Highway 111, meandering sidewalk per City specifications and requirements. Plan for fixtures and lighting shall be approved by the Community Development Director prior to issuance of building permit. 7. If the existing monument sign is damaged to the extent that the repair costs is 50% or more of its value, said sign shall be re -designed with the new design approved by the Community Development Director. PAReports - PC\2007\6-12-07\sdp 2006-868 REA LQ\sdp 2006-868 pc rpt.doc 8. 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. PUBLIC NOTICE: These applications were advertised in the Desert Sun newspaper on June 2, 2007. All property owners within 500 feet of the site were mailed a copy of the Public Hearing notice as required by the La Quinta Municipal Code., As of this writing, no comments have been received. SITE DEVELOPMENT PERMIT FINDINGS: The findings needed to approve this Site Development Permit, as stipulated in the Zoning Code, can.'be made as noted in the attached Resolution, subject to the Conditions of Approval. RECOMMENDATION: 1. Adopt Planning Commission Development Permit 2006-868, Approval. Attachments: Resolution 2007- , approving Site subject to the attached Conditions of 1. location Map 2. Development Plans 3. Minutes of Architecture and Landscaping. Review Committee meeting of May 2, 2007 Prepared by: Stan Sawa, Principal Planner PAReports - PC\2007\6-12-07\sdp 2006-868 REA LQ\sdp 2006-868 pc rpt.doc PLANNING COMMISSION RESOLUTION 2007- RESOLUTION OF THE OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A 5,723 SQUARE FOOT FREESTANDING BUILDING ON THE NORTH SIDE OF HIGHWAY 111, 1000't WEST OF JEFFERSON STREET CASE: SITE DEVELOPMENT PERMIT 2006-868 APPLICANT: REA LA QUINTA, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12TR day of June, 2007, hold a duly noticed Public Hearing to consider a request by REA La Quinta, LLC for approval of architectural and landscaping plans for a 5,723 square foot commercial building in the CR (Regional Commercial) zone district located on the north side of Highway 1 1 1, 1 000't west of Jefferson Street,more particularly described as: APN: Portion of 649-020-038 WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on June 2, 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, The La Quinta Community Development Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 96-325 prepared for Specific Plan 96-027 which was certified by the City Council. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent Environmental review pursuant to Public Resources Code Section 21166; 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. The General Plan designates the project area as Regional Commercial. The proposed commercial building is consistent with this land use designation. 2. The proposed commercial building is designed to comply with the Zoning Code requirements, including, but not limited to, height limits, parking, and lot coverage, etc. PAReports - PC\2007\6-12-07\sdp 2006-868 REA LQ\sdp 2006-868 pc res.doc Planning Commission Resolution 2007- Site Development Permit 2006-868 REA La Quinta, LLC Adopted: Page 2 3. The Community Development Department has determined this project has previously been assessed with a Negative Declaration of Environmental Impact certified, and no further environmental review is required. 4. 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 the surrounding development and with the quality of design prevalent in the City. 5. The site design of the project, including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 6. Project conceptual landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed and conditioned to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and compliment the surrounding project area, ensuring lower maintenance and water use. 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; and 2. That it does hereby approve Site Development Permit 2006-868, 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 12th day of June, 2007 by the following vote, to wit: PAReports - PM2007\6-12-07\sdp 2006-868 REA LQ\sdp 2006-868 pc res.doc Planning Commission Resolution 2007- Site Development Permit 2006-868 REA La Quints, LLC Adopted: Page 3 AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California /e'llid*3Il DOUGLAS R. EVANS, Assistant City Manager/ Interim Planning Director City of La Quinta, California PAReports - PC\2007\6-12-07\sdp 2006-868 REA LQ\sdp 2006-868 pc res.doc Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC 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. 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. This Site Development Permit shall comply with the requirements of all Conditions of Approval for Specific Plan 96-027 and Tentative Parcel Map No. 28573 applicable to this Site Development Permit. This site development permit shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 3. 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 reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 1 of 17 Planning Commission Resolution 2007- Conditions of Approval- Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: • Caltrans • Colorado River Regional Water Quality Control Board (RWQCB) 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 ("NO1"), prior to the issuance of a grading or site construction permit by the City. 4. 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. The applicant or his design professional shall retrofit the storm drain located along the easterly boundary of the Site Development Permit to incorporate Treatment Control BMP's as required by the City Engineer. 5. 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). 6. 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 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 includegrant 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 eports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 2 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quints, LLC Adopted: 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 offer for dedication on the Final Map all public 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 public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 11 Highway 111 (Dedication per Parcel Map No. 28573 of 86' from Highway 111 centerline) - No additional right-of-way is required along the Site Development Permit boundary on Highway 111 as per the recorded Parcel Map No. 28573. 10. The applicant shall retain for private use on the Final Map all private access easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The access easement to be retained for private use required for this development include: A. PRIVATE ENTRY DRIVE (DEPOT DRIVE) 1) Depot Drive a) No additional easement dedication is required of this Site Development Permit. 12. The required perimeter landscaping setbacks along all public rights -of -way as follows: A. Highway 111 (per Parcel Map No. 28573) - 17-foot from the R/W-P/L to match existing perimeter landscape for parcels to the east. 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. 13. Direct vehicular access to Highway 111 is restricted, except for those access points :ports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 3 of 17 Planning Commission Resolution 2007- Conditions of Approval Recommended Site Development Permit 2006-868 REA La Quints, LLC Adopted: identified on Parcel Map No. 28573, or as otherwise conditioned in these conditions of approval. 14. 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. 15. 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 other parcel owners/occupants for the perpetual maintenance of the parking areas and drive aisles within, Parcel Map No. 28573. STREET AND TRAFFIC IMPROVEMENTS 16. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 11 Highway 111 (Major Arterial — State Highway; 14O'R/W): The City of La Quinta will widen Highway 111 along the development's southern boundary as well as design and construct a deceleration/right turn Ian e on Highway 111 at Depot Drive with the proposed Highway 111 Corridor Capital Improvements Project from Adams Street to Jefferson Street to its ultimate width on the north side as specified in the General Plan. No additional widening on the north side of the street along all frontage adjacent to this Site Development Permit is required. Improvements to be performed by the City of La Quinta in the Highway 111 right-of-way and/or adjacent landscape setback area includes: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. Improvements required of the applicant in the Highway 111 right-of-way and/or adjacent landscape setback area include: b) Removal of the existing 6-foot. meandering sidewalk and construction of an 8-foot meandering sidewalk along it's Highway 111 boundary and in conformance with the following design requirements: \reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 4 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The design shall minimize back of curb contact points. No sidewalk is required to connect the Highway 111 meandering sidewalk to the parking lot. The ADA path of travel will be provided from the store front to the meandering sidewalk at Depot Drive at the north property line. c) Relocate the existing monument sign at the northeasterly corner of Highway 111 and Depot Drive. B. PRIVATE ENTRY DRIVE (DEPOT DRIVE) 1) Depot Drive - No additional widening of Depot Drive along the westerly boundary of the Site Development Permit is required for this Site Development Permit. The Costco Development on the south side of Highway 111 is obligated to widen Depot Drive on the east side to accommodate for the ultimate eight phase operation at the existing signal at the Highway 111 and Deport Drive intersection. Said obligation of The Costco Development includes: a) Widen the east side of Depot Drive from Highway 111 to the east -west drive aisle at the north westerly corner of this Site Development Permit. The east curb face shall be located approximately fifty two feet (52') east of the centerline to align with the proposed through/right turn lane proposed at the Komar entry on the south side of Highway 111. The City established this requirement to prohibit a split phase traffic signal at the Highway 111 intersection that would create additional congestion on Highway 111. The obligated improvements by The Costco Development including pavement, curb relocation, signing and striping and signal modifications are not covered by the City's Highway 111 widening project. eports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 5 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 20067868 REA La Quinta, LLC Adopted: PARKING LOTS and ACCESS POINTS 17. 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. Pursuant to this condition, the applicant shall provide accessibility routes on the east to west drive aisle on the south side from Depot Drive to the proposed building as well as to the existing accessibility route to the existing buildings to the east and to the north and as approved by the City Engineer. 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. 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. 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. Sight distance design aspects will be reviewed and approved by the City Engineer. 18. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 28573 and these conditions of approval. 19. 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. or the approved equivalents of alternate materials. \reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 6 of 17 Planning Commission Resolution 2007 Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 Commercial Precise Grading Plan 1 " _ 30' Horizontal B. PM10 Plan 1" = 40' Horizontal C. Storm Water Pollution Prevention Plan 1 " = 40' Horizontal NOTE: A and. C to be submitted concurrently. - Page 7 of 17 ':\reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc - Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: 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. 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, Community Development Director and the City Engineer. "On -Site Commercial 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. Precise Grading 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 City Engineer. Additionally, grease traps and the maintenance thereof shall be located so as not to conflict with access aisles/entrances. 25. 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). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of mylars of all approved improvement plans to the City Engineer. r ' 27. 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. PRECISE GRADING 28. The applicant shall comply with the; provisions of Section 13.24.050 (Grading Improvements), LQMC. Page 8 of 17 \reports-pc\2007\6-12-07\sdp 2006,868 rea Iq\sdp 2006-868 pc coa.doc —.uwr.®vams.ra•nwi�®nuwrmuw Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quints, LLC Adopted: 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. 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 their 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. .' Page 9 of 17 3:\reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: DRAINAGE 34. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Parcel Map No. 28753 and the Jefferson Plaza 99 Cent Store Precise Grading and Storm Drain Plans, 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 permitted by CVWD, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater 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 required to retrofit the existing storm drain facility on site and construct required discharge treatment BMP's per the NPDES Permit per Supplement A but at a minimum shall install a CDS Technologies, Inc. Unit or equal system as approved by the City Engineer. 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. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water Hydraulic Grade Line (HGQ shall be as determined by CVWD. UTILITIES 37. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 38. 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. 39. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench ,reports-pc\2007\6-12-07\sdp 2006-668 rea Iq\sdp 2006-868 pc coa.doc Page 10 of 17 Planning Commission Resolution 2007- Conditions of Approval Recommended Site Development Permit 2006-868 REA La Quints, LLC 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 40. 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 41. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 42. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 43. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. Additionally, Lighting bollards shall be installed by the applicant per City of La Quinta specifications. 44. The applicant shall submit the landscape plans for approval to plan checking by the Community Development Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director. NOTE: Plans are not approved for construction until signed by the Community Development Director. 45. Landscape areas shall have permanent, irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 46. 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, 5t" 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\6-12-07\sdp 2006-868 rea Iq\sdp2006-868 pc coa.doc Page 11 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: 47. 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. 48. A vine shall be provided on the west side of the trash enclosure. 49. Provide substitute plant for Ocotillo (Fouquieria splendens) on east side of building because plant requires full sun. 50. Shrubs on north side of building shall have open branching characteristics and maximum 3' height to ensure traffic visibility. 51. The Chilean Mesquites shall be replaced with an alternate deep rooting canopy tree appropriate for parking lots. 52. Sod rather than stolons shall be used in turf areas. The turf at the east end of the perimeter area shall be shaped to blend in with any turf to the east. QUALITY ASSURANCE 53. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 54. 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. 55. 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. reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc - Page 12 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: 56. 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 mylars previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 57. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 58. 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 ' 59. 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. 60. 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). FIRE DEPARTMENT 61. Provide or show there exists a water system capable of delivering a fire flow 2500 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 62. Approved accessible on site fire hydrants shall be located not to exceed 330 feet 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. \reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2606-868 pc coa.doc Page 13 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La nuinta, LLC Adopted: 63. 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 64. 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. 65. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrants. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 66. 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 tuning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all Weather driving capabilities. 67. 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. 68. 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. reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 14 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: 69. 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 adequately illuminated to be visible from street at all hours. 70. A rapid entry Knox Box shall be installed on the outside. of the building. If the building/facility is protected with a fire alarm or burglar alarm system, the lock box will require "tamper" monitoring. Special' forms are available from this office for ordering the Knox Box. 71. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler systems(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. AC- 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. 72. 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. reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 15 of 17 Planning Commission Resolution 2007- Conditions of Approval - Recommended Site Development Permit 2006-868 REA La Quints, LLC Adopted: 73. Install a portable fire extinguisher, with a minimum rating of 2A-1OBC, 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. 74. A UL 300 hood/duct fire extinguishing system must be installed over the cooking equipment. The extinguishing system must automatically shut down gas and/or electricity to all cooking appliances upon activation. A C-16 licensed contractor must submit plans, along with the current permit fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. 75. 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. 76. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building, Code. 77. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 78. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 79. 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 CIVIC 609.0 80. 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 reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 16 of 17 Planning Commission Resolution 2007- Conditions of Approval- Recommended Site Development Permit 2006-868 REA La Quinta, LLC Adopted: regarding the meaning to the code requirements should be referred to Fire Department at 760-863-8886 MISCELLANEOUS 81. Bollard lighting shall be provided along the Highway 111 meandering sidewalk per City specifications and requirements. Plan for fixtures and lighting shall be approved by the Community Development Director prior to issuance,of building permit. 82. If the existing monument sign is damaged to the extent that the repair costs is 50% or more of its value, said sign shall be re -designed with the new design approved by the Community.Development Director. reports-pc\2007\6-12-07\sdp 2006-868 rea Iq\sdp 2006-868 pc coa.doc Page 17 of 17 PH #D PLANNING COMMISSION STAFF REPORT DATE: JUNE 12, 2007 CASE NO: ZONING CODE AMENDMENT 2007-089 APPLICANT: CITY OF LA QUINTA REQUEST: CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE, ADDING SECTION 9.20.050 TO CHAPTER 9.20 ("ZONING DISTRICTS") TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES LOCATION: ENVIRONMENTAL REVIEW: BACKGROUND: CITY-WIDE THE PROPOSED ORDINANCE IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO TITLE 14 CALIFORNIA CODE OF REGULATIONS SECTION 15061(B)(3) BECAUSE THE PROPOSED ORDINANCE INVOLVES A PROACTIVE MEASURE TO PROHIBIT MARIJUANA DISPENSARIES AND THERE IS NO POSSIBILITY THAT ITS ADOPTION. WOULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. Pursuant to Municipal Code section 9.220.010.D.2, the Planning Commission is required to forward a recommendation to the Council on zoning code amendments. Therefore, this proposed Ordinance is being presented to the Planning Commission for review prior to consideration by the City Council Staff is presenting these amendments for City Council consideration to establish a clear prohibition on medical marijuana dispensaries in La Quinta. Generally speaking a medical marijuana dispensary is a facility or location that provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance and as defined in California Health and Safety Code Section 11362.5 et seq. Presently, to the knowledge of staff, there are no medical marijuana dispensaries operating in the City and the City's Zoning Code does not permit medical marijuana facilities in any zoning designation (however, there is no express prohibition either). Given that some jurisdictions in the Coachella Valley have observed a rise in the operation of these facilities, staff has brought this matter to the Planning Commission and Council for consideration so that a proactive action can be taken to establish a clear policy. California law generally prohibits the possession, cultivation, sale, transportation and distribution of marijuana. (Health & Safety Code § § 11357, 11358, 11359, 11360, 11361, 11366, 1136.5.) Accordingly, unless medical marijuana dispensaries fall within an exception to these laws, their operations plainly violate California law (and, as discussed below, federal law). In November of 1996, California Voters approved Proposition 215, also termed the "Compassionate Use Act of 1996," which is codified at Health & Safety Code Section 11362.5. Section 11362.5 creates an exception to California's laws against the possession and cultivation of marijuana for "seriously ill" Californians who have received a doctor's recommendation, and for their "primary caregivers." In February of 2003, the California Legislature enacted SB 420, which added several medical marijuana -related provisions to the Health & Safety Code section 11362.7 at seq to amend and clarify the Compassionate Use Act. (Health & Safety Code § 11362.7, Legislative Notes.) Under SB 420 medical marijuana dispensaries must be licensed with the State as a health clinic or health facility; and must consistently assume responsibility for each of its customers' health and safety in order to be considered a "primary caregiver" and fall within the protections of Section 11362.7. In addition, a medical marijuana dispensing facility is not authorized to engage in for profit sales of marijuana. Thus, because of these requirements it is likely that many medical marijuana operations in the State are operating illegally. Aside from State law, the federal Controlled Substances Act (21 U.S.C. § 801 at seq.) prohibits the manufacture, distribution, and possession of various controlled substances, including marijuana. (See United States v. Oak/and Cannabis Buyers' Cooperative (2001) 532 U.S. 483, 486.) Specifically, the Controlled Substances Act provides that "except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally ... to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." (21 U.S.C. § 841(a)(1). The United States Supreme Court has ruled that the federal Controlled Substances Act does not contain any "medical necessity" exception that would permit the manufacture, distribution, or possession of marijuana for medical purposes, which is what California's Compassionate Use Act purports to accomplish. The proposed resolution (Attachment 1) and subsequent ordinance for City Council consideration, which completely bans medical marijuana dispensaries in all zones, do not violate the Compassionate Use Act or SB 420 and complies with federal law. Notably, Health & Safety Code section 11362.83 provides that "Nothing in this article shall prevent a city or other local governing body from adopting and enforcing laws consistent with this article." Nothing in the "article" referenced requires that cities allow dispensaries to operate within their jurisdiction; as a result, the ordinance would not be inconsistent with the Compassionate Use Act. Indeed, state planning and zoning law generally permits a city to exclude a particular type of use (especially where, as here, the use is not presently being operated). Accordingly, the Compassionate Use Act does not prohibit the City of La Quinta from adopting a ban on medical marijuana facilitates within the City. A number of other cities and counties (including Riverside County) have adopted total prohibitions on the operation of medical marijuana distribution facilities. Such jurisdictions have relied on the fact that federal law totally precludes such facilities and the fact that nothing in the Compassionate Use Act requires cities to allow medical marijuana dispensing facilities to operate within their jurisdiction. Additionally, such jurisdictions have relied on the negative effect of medicinal marijuana dispensaries on the health and safety of the community. In this case, both the federal prohibition and the fact that the Compassionate Use Act does not require cities to approve dispensaries are sufficient reasons for the City to adopt this Zoning Code Amendment. ENVIRONMENTAL DETERMINATION The proposed Amendment is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061(b►(3) because the proposed Ordinance involves a proactive measure to prohibit marijuana dispensaries and there is no possibility that its adoption would have a significant effect on the environment. GENERAL PLAN CONSISTENCY The proposed Amendment is consistent with the City's General Plan because the Ordinance does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. PUBLIC NOTICE: This application was advertised in the Desert Sun newspaper on June 2, 2007 as a 1 /8 page display ad. As of this writing, no comments have been received. RECOMMENDATION: Adopt Planning Commission Resolution 2007- , recommending to the City Council approval of Zoning Code Amendment 2006-089. Prepared Planning Manager PLANNING COMMISSION RESOLUTION 2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE , CITY OF LA" QUINTA, CALIFORNIA, RECOMMENDING AN AMENDMENT TO TITLE 9, CHAPTER 9.20 ("ZONING DISTRICTS") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 9.20.050 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES IN THE CITY ZONING CODE AMENDMENT 2007-089 WHEREAS, the Planning Commission of the City of La Quinta is committed to protecting the public health, safety, and welfare of the community, and to meet these goals it is necessary for the City to adopt measures, from time to time, to meet threats to the public health, safety, and welfare; and WHEREAS, the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) prohibits the manufacture, distribution and possession of marijuana; and WHEREAS, in 1996, the voters of the Sate of California approved Proposition 215 (codified as Health and Safety Code section. 11362.5 et seq., and entitled "The Compassionate Use Act of 1996" ("Act"), to enable persons who are in need of marijuana for specified medical purposes to obtain and use marijuana under limited, specified circumstances. The State Legislature, pursuant to Senate Bill 420, also enacted Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended, which allows local governments to adopt and enforce laws consistent with Article 2.5; and WHEREAS, to avoid the threat to public health, safety, and welfare that would occur if medical marijuana dispensaries were permitted in the City, the City finds that it is necessary to declare the establishment and maintenance of such dispensaries, whether stand-alone dispensaries or as part of an otherwise legal facility, a use that is prohibited in all land use zones; and WHEREAS, the adoption of this Chapter is consistent with federal law and Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF LA QUINTA AS FOLLOWS: Planning Commission Resolution 2007- Zoning Code Amendment 2007-089 Prohibition of Medical Marijuana Dispensaries June 12, 2007 SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 9 (PLANNING AND ZONING): La Quints Municipal Code Chapter 9.20, entitled "Zoning Districts," is hereby recommended to be amended to add section 9.20.050 as follows: "9.20.050. Medical marijuana dispensaries. A. Medical marijuana dispensaries are a prohibited use in all zones. B. "Medical marijuana dispensary" means ,a facility or location which provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq." SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN CONSISTENCY; COMPATIBILITY AND SUITABILITY: The Planning Commission finds that adoption of this Resolution is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, Subsection (b)(3), in that the proposed Resolution involves a proactive measure to prohibit marijuana dispensaries and does not have the potential to significantly effect the environment. The Commission further finds and determines that the Resolution is consistent with the goals, objectives and policies of the City's General Plan, in that the Resolution does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. The City finds and determines that this Resolution is compatible with zoning on property in La Quinta and that the Amendment affected by this Resolution is suitable and appropriate for property in La Quinta. SECTION 4. PUBLIC WELFARE: Based on the recitals in this Resolution and the information in the staff report, the City finds and determines that this Resolution will not create conditions that are materially detrimental to the public health, safety or general welfare. In fact, the adoption of this Resolution will contribute to the general health, safety and welfare of the community by promoting consistency with federal law. SECTION 3. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Resolution is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Planning 2156/015610-0002 8 6205.01 a06/06/07 -2- - Planning Commission Resolution 2007- Zoning Code Amendment 2007-089 Prohibition of Medical Marijuana Dispensaries June 12, 2007 Commission herby recommends that it would have adopted this Resolution and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Resolution irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Resolution are declared to be severable. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 12th day of June, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS, Assistant City Manager/ Interim Community Development Director City of La Quinta, California 2156/015610-0002 816205.01 a06/06/07 -3-