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2007 10 09 PCT4 D 4 49mm Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org PLANNING COMMISSION AGENDA► A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California OCTOBER 9, 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 2007-042 Beginning Minute Motion 2007-018 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the Regular Meeting of September 25, 2007. r-•k1mannrc%cr e:.o.. XAr d- 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 - VILLAGE USE PERMIT 2006-035 Applicant......... Dan Cline, Forward Architecture and Design, Inc. Location........... Northeast corner of Calle Tampico and Desert Club Drive Request........... Consideration of architecture and landscaping plans for three retail commercial buildings located on 3.39 acres. Action .............. Resolution 2007- B. Item ................ STREET VACATION 2007-045 Applicant......... City of La Quinta and the La Quinta Redevelopment Agency. Location........... North of Avenue 54, south of Avenue 52, and west of Jefferson Street Request ........... Consideration of a Report of Finding . under California Government Code Section 65402 that the proposed Vacation of an Easement in favor of the public for access, ingress and egress of fire, police, and other emergency vehicles and personnel within Tentative Parcel Map 33367 and Public Utilities Easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map 33367 is consistent with the General Plan. Action ............. Resolution 2007- VI. BUSINESS ITEMS: None VII.. CORRESPONDENCE AND WRITTEN MATERIAL: None.. Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of October 2, 2007 n-ummnnrc�cr n"o..H.M/d,.,. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Joint Meeting of the City Council/Planning Commission/Architecture and Landscape Review Committee to be held on October 23, 2007, at 5:00 p.m. and then the Regular meeting to be held 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, October 9, 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, October 5, 2007. DATED: October 5, 2007 �le1Gd . BET Y . S YER, E e7� cutive Secretary City of La 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. 6�\ MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City. Hall 78-495 Calle Tampico, La Quinta, CA September 25, 2007 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Alderson who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, and Chairman Ed Alderson. C. Staff present: Assistant City Manager Doug Evans, Planning Director Les Johnson, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. Staff requested the Agenda be amended to note that Public Hearing Item B would be considered and not continued. The Agenda was confirmed with the change. IV. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of September 11, 2007. There being no changes, it was moved and seconded by Commissioners Quill/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Village Use Permit 2006-035; a, request of Dan Cline, Forward Architecture and Design, Inc., for consideration of architecture and landscaping plans for three retail commercial buildings located on 3.39 acres at the northeast corner of Calle Tampico and Desert Club Drive. G:\WPDOCS\PC Minutes\2007\9-25-07.doc Planning Commission Minutes September 25, 2007 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen informed the Commission the applicant had requested a continuance to the next meeting. 2. There being no discussion, it was moved and seconded by Commissioners Barrows/Engle to continue Village Use Permit 2066-035 to October 9, 2006, as requested. Unanimously approved B. Site Development Permit 2007-893; a request of Mark Ladeda for consideration of architectural and landscaping plans for an approximately 5,700 square foot stable/barn structure located at the Tally Ranch, a 4.19-acre private residential equestrian property located at 55-075 Monroe Street. 1. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. There being no questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Ms. Paula Ziegler, the applicant, stated she was available to answer any questions. 3. Commissioner Engle asked if the colors on the elevation were true. Ms. Ziegler stated it would be more of a terra cotta color. 4. Commissioner Barrows asked if the windows were energy efficient. Ms. Ziegler stated there was a 12-foot trellis that runs along the entire length of the building on the south elevation, 5. Chairman Alderson asked about ventilation or air conditioning. Mr. Ladeda, representing the applicant, stated there were openings in the roof as well as doors on either end of the building for ventilation as well as the stall barn doors. 6. Commissioner Quill asked if the tack room/feed room would ever be converted to a casita. The applicant stated no. Commissioner Quill asked if it was ever intended to be a commercial use. Ms. Ziegler stated no. 2 Planning Commission Minutes September 25, 2007 7. There was no further public comment, the public hearing was closed and open for Commission discussion. 8. There being no discussion, it was moved and seconded by Commissioners Barrows/Engle to adopt Planning Commission Resolution 2007-040 approving Site Development Permit 2007- 893 as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Tentative Tract Map 32848, Amendment No. 1; a request of Sarkis and Sevak Khatchadourian for consideration of a request to amend the tract map from 16 lots to 15 lots for the property located on the north side of Avenue 60 approximately 700 feet west of Madison Street. 1 . Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if the City required the changes in order for them to obtain their time extension. Staff stated the extension is to allow the applicant time to obtain the final map. The Amendment was in regard to provisions for the retention basin. 3. Chairman Alderson asked staff to explain how the retention basin would drain. Staff explained the drainage on the site plan. Chairman Alderson asked if the tract map to the east had their house plans sited on their tract. His concern is whether there were.any two story units abutting one story houses. Staff stated they had not submitted any site development permit for the house units. 4. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Sarkis Khatchadourian gave a presentation on the project. 5. Commissioner Quill asked if the neighboring property owner had been contacted in regard to the project. Mr. Khatchadourian stated they had spoken to him. 3 Planning Commission Minutes September 25, 2007 6. Commissioner Barrows asked that the Palo Verde tree proposed be substituted with the native Palo Verde tree. 7. There being no further questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-041 recommending approval of Tentative Tract Map 32848, Amendment No. 1, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Alderson recessed the meeting at 7:28 p.m. and reconvened at 7:34 p.m. BUSINESS ITEMS: A. SilverRock Resort Clubhouse, a request of the City of La Quinta Redevelopment Agency for consideration of concept drawings for the SilverRock Resort Clubhouse located on the southwest corner of Jefferson Street and Avenue 54. 1. Chairman Alderson asked for the staff report. Assistant City Manager Doug Evans presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff introduced Mr. Robert Altevers, architect for the project, who gave a presentation on the SilverRock Resort Clubhouse design. 2. Chairman Alderson asked if this Clubhouse design would require the rerouting of any of the existing tees. Staff stated no. This is a conceptual plan and the lake is being evaluated from a budget perspective as well as water efficiency. Staff is having negotiations with CVWD in regard to the proposed plan. Staff knows what the limitations of turf will be and the design team believes they can meet the new 'requirements of the CVWD Landscape Ordinance. In regard to the lake, staff is still reviewing the possibilities to ensure the City's balance on the water criteria E Planning Commission Minutes September 25, 2007 as well as the aesthetics. It will have less water than originally planned. 3. Commissioner Quill questioned the visibility of the pro -shop and starter points. Staff stated they has been considered and added into the design. Commissioner Quill stated his only concern is the new water efficiency requirements and the water features being proposed. Assistant City Manager Doug Evans stated HAS, the landscape architects, was selected as the landscape architect because one of the first issues they bought up was the water features in the design. The design team is optimistic they can meet the objectives. 4. Commissioner Barrows stated that when there are events taking place the pro -shop appears to be set off from the event area. Mr. Altever reviewed the site plan and explained it would visible from the event area. As a note, the pro -shop would be closed during most evening events. Commissioner Barrows asked about the energy and water efficiency elements that are being proposed and suggested they be part of the marketing. Mr. Altevers explained some of the marketing plans. Discussion followed regarding the different levels of LEED certification and potential certification level the project could reach. Commissioner Barrows noted her concern regarding the amount of water proposed for the project. 5. Chairman Alderson questioned how the space in the Clubhouse is being allocated in respect to the banquet facility and the other areas. Is it economically feasible to dedicate this much space to a banquet area. Mr. Altevers explained the flexibility of the floor area is to accommodate different party sizes. He cannot speak to the revenues, but does know that banquets are a large revenue operation. Discussion followed regarding banquet operations. Chairman Alderson asked if the lake would be canal water and questioned the depth that would be needed for the affect desired. Staff explained there were several options available to the design team and they were evaluating all of them. 6. There being no further questions of the staff, Chairman Alderson asked if there was .any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. 5 Planning Commission Minutes September 25, 2007 7. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2007-016 recommending approval of the concept drawings for the SilverRock Resort Clubhouse with an encouragement for water and energy efficiency efforts. Unanimously approved. B. Site Development Permit 2007-857; a request of Coachella Valley Housing Coalition for consideration of landscaping plans for the Dune Palms Neighborhood Apartments and Community Center located at the northwest corner of Dune Palms Road and Avenue 48. 1 . Chairman Alderson asked for the staff report. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked how these plans relate to the new CVWD Landscape Ordinance. Staff stated the landscape architect is aware of the requirements and the project will be required to meet those requirements. 3. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Brian Peulicke gave a presentation on the,project. 4. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Barrows/Engle to adopt Minute Motion 2007-017 recommending approval of landscaping plans for Site Development Permit 2007-857, as recommended. Unanimously approved. CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Commissioner Engle informed the Commission about the Top of the Cove Cleanup Day on October 13, 2007. n. Planning Commission Minutes September 25, 2007 B. Chairman Alderson asked about the replacement of Commissioner Daniels. Staff explained it was under Council consideration at this time. C. Staff informed the Commission of the joint meeting with the City Council and Architecture and Landscape Review Committee to be held on October 23, 2007. Staff will be working on agenda topics and would appreciate any suggestions from the Commission. C. Staff gave a review of the City Council meeting of September 18, 2007. ADJOURNMENT: There being no further business, it was moved and. seconded by Commissioners Quill/Barrows to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on October 9, 2007. This regular meeting was adjourned at 8:44 p.m. on September 25, 2007. Respectfully submitted, Betty Sawyer, Executive Secretary City of La Quinta, California 7 PH #A STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 9, 2007 CASE NO.: VILLAGE USE PERMIT 2006-035 REQUEST: CONSIDERATION OF ARCHITECTURE AND LANDSCAPING PLANS FOR THREE RETAIL COMMERCIAL BUILDINGS LOCATED ON 3.39 ACRES LOCATION: NORTHEAST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE APPLICANT: DAN CLINE, FORWARD ARCHITECTURE AND DESIGN, INC. PROPERTY OWNER: LA QUINTA ISLAND ASSOCIATES - DEVELOPER: HIGHLAND DEVELOPMENT COMPANY ENVIRONMENTAL REVIEW: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT THE PROPOSED PROJECT IS LESS THAN FIVE ACRES AND IS CONSISTENT WITH EXISTING GENERAL PLAN POLICIES AND ZONING REGULATIONS. ZONING: VILLAGE COMMERCIAL (VC) GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL (VC) SURROUNDING ZONING/LAND USE: NORTH: MAJOR COMMUNITY FACILITIES (MC) / ADAMS ELEMENTARY SCHOOL SOUTH: VILLAGE COMMERCIAL (VC) / VACANT EAST: VILLAGE COMMERCIAL (VC) / OFFICES WEST: VILLAGE COMMERCIAL (VC) / EMBASSY SUITES / CASITAS SANTA ROSA PAReports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc BACKGROUND: The proposed project site is zoned Village Commercial and is located within a retail commercial designated portion of Specific Plan 94-024 for the existing Duna La Quinta project. The site was intended to be a second phase of the adjacent existing office commercial center, approved under Plot Plan PP 85-217 Amendment #2 on February 21, 1989. The second phase of that project was mass graded, utility lines were installed, some parking spaces were constructed, and landscaping was planted along Calle Tampico and Desert Club Drive, but the buildings were never constructed. The uncompleted second phase was proposed to contain two, two-story buildings with a total of 49,923 square feet, containing retail stores, offices, and a restaurant. In May of 2005, staff received a Village Use Permit application for a single story retail building at this location which was later withdrawn. The two adjacent existing office buildings, "Building B" and 'Building E," are respectively 20,648 and 20,857 square feet in size and contain a combination of medical and general offices. The majority of the existing parking spaces on the adjacent site are covered by trellis canopies. This item was continued from the two previous Planning Commission hearings. No public comments regarding the project were made at either of those hearings. OVERVIEW: The applicant is proposing to construct three single -story retail commercial buildings, a parking lot, and landscaping on a ±3.4 acre parcel in the Village District (Attachment 1). All of the proposed buildings have a Spanish Contemporary architectural style, consisting of a smooth cement plaster finish painted white with Spanish tile highlights, sage green canopies, and Green Screen brand vertical plant trellises with bougainvillea, climbing fig, or climbing rose. Light fixtures on all buildings and freestanding lighting are proposed to be a lantern -design outfitted with a dark -sky compliant bulb refractor and automatic photocell activation. Sidewalks will be standard poured concrete with a decorative joint pattern. The proposed commercial center will share internal access and parking with the adjacent existing office buildings. Major 1, located on the corner of Calle Tampico and Desert Club Drive, is proposed to be a 13,969 square foot specialty grocery store. Shops 1, located along Calle Tampico and east of Major 1,, is proposed to be a 6,275 square foot building with up to four tenants. Shops 2, at the rear of the site, is proposed to be a 12,025 square foot building with up to seven tenants. The applicant is also proposing to construct a landscaped pedestrian plaza with a water feature along Calle Tampico between Major 1 and Shops 1. P:\Reports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc _ _ . Major 1 Located at the corner of Calle Tampico and Desert Club Drive, the 13,969 square foot Major 1 building will house the primary tenant, Fresh and Easy, a small grocery store operated by British retailer Tesco, and is the largest of the three proposed building pads. The white Spanish Contemporary building has been designed with a variety of undulations and pop -out features up to two feet in depth, highlighted with Spanish tile, vertical plant trellises, and alcoves. The roofline has been designed with varied and stepped parapets and cornices, ranging in height from the general roofline of 24 feet 6 inches to 30 feet at the store entry. Major 1 will have a sunken loading dock along the western Desert Club Drive elevation, screened by an eight foot tall combination wall with decorative columns and Green - screen vertical plant trellises. The west elevation has tiled alcoves and a parapet roofline with a stepped cornice broken up by pilasters. The applicants have stated that there will not be a trash compactor within the loading dock area. The 30 foot tall store entry, which faces the interior parking area, consists of a modern angled design which reflects an architectural feature utilized on other store locations by the proposed grocery tenant and will accommodate a future sign. The east elevation of Major 1 will consist of functional windows overlooking a garden plaza. Windows along Calle Tampico will most likely be spandrel glass if left unused by the grocery tenant. The store grocery cart corral located on the east side of the building will consist of a stem wall painted to match the building. Shops 1 Located along Calle Tampico and opposite the plaza from Major 1, the 6,275 square foot Shops 1 building will contain up to four retail commercial tenants. The building architecture will share the same Spanish Contemporary design, building materials, and color palate as the other two buildings. Shops 1 has a general roofline of 22 feet 4'/2 inches, a varied parapet, a decorative corner cornice, and pilasters. A portion of each side of the building has a tiled base. The primary entry and front of Shops 1 faces the interior parking lot but the design of the building will allow tenants the option of using actual windows or spandrel glass along Calle Tampico. The adjacent plaza may be reconfigured if utilized by a future tenant (such as a coffee shop or restaurant) for outdoor seating. Shops 2 Similar in design as Major 1 and Shops 1, Shops 2 is located at the rear of the project site and will consist of a 12,025 square foot building which can accommodate up to 7 tenants. Shops 2 has a large sidewalk area along the front of the building intended to accommodate outdoor seating. The front of Shops 2 will consist of sage green canvas PAReports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doe canopies, a center arch, and a decorative trellis 18 inches in depth. The base of the windows within the side facade arches will include tile highlights. The depth of the architectural facades along the front of Shops 2 will range from 18 inches to four feet. The rear of the building will contain regularly spaced pilasters with vertical trellises and lantern -type lighting consistent with the rest of the shopping center. Landscaping One unique feature of this project involves the integration of landscaping into the building architecture. The applicants are proposing the use of Green Screen brand landscaping matrices for screening, building accents, and trellis -wrapped columns with planters. The proposed landscaping palate consists of Mexican Fan Palms, Mesquite trees, Blue Palo Verdes, and Mulgas. Shrubs will include Deergrass, Texas Rangers, Blue Agaves, and Verbena with a decomposed granite base. No turf has been proposed for the project. Mesquite trees will be used to meet the 50% landscape shading requirement for parking. The landscaping plans have been revised since being reviewed by the Architecture and Landscaping Review Committee to comply with the new CVWD landscaping standards and have been conditioned to return to ALRC for final landscaping plan review. Located between Major 1 and Shops 1, the applicants are proposing a plaza with a small center water feature, trellised archway, and trellised wall with an entry leading to Calle Tampico. Each side of the court will be lined with rows of Deergrass and Blue Palo Verde trees. This area can potentially be used for outdoor seating or dining by future tenants or the proposed grocery store. The corner of Desert Club Drive and Calle Tampico will feature a row of raised planters on top of Green Screen brand vertical trellis columns. The planters will contain Verbena and the columns will contain a Climbing Fig or Rose plant. Vertical trellises with Bougainvillea, Climbing Fig, or Roses have also been incorporated into some building elevations and the trellised wall separating the center plaza from Calle Tampico. The loading dock Green Screen lattice will utilize Bougainvillea for screening. All landscape screening materials identified in the plans will be a minimum 15 gallon size. ANALYSIS: The proposed project is a small retail commercial center with Spanish Contemporary design elements, landscape -integrated architecture, and some outdoor pedestrian amenities designed to accommodate the Village Design Guidelines while allowing flexibility in potential tenant uses. The proposed project will be the first retail commercial -oriented project in the Village since the development of Old Town at La Quinta located nearby. P:\Reports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc - Stormwater Management The applicants have proposed connecting their on -site drainage into the existing storm sewer system, however the existing system may not have adequate reserve capacity to handle additional stormwater flows from the proposed project. Two studies, one of which is currently being conducted for the City by a consultant and the applicant's preliminary hydrology report, will determine the applicant's final course of action. As a result, Public Works has recommended three scenarios in the conditions of approval for handling on -site drainage. The final drainage retention scenario will be based on the results of those studies. Parking The applicants are providing 165 on -site parking spaces and have a shared parking agreement with the adjacent office building which has 188 parking spaces, 39 of which are currently located on this adjacent parcel proposed for development. These 39 spaces were originally constructed to serve the uncompleted phase 2 of the existing office complex. Upon completion, the two combined projects will have a total of 314 parking spaces and be in compliance with the Parking Ordinance. Staff conducted a parking analysis of the project site, including the two existing office buildings: Building Square Feet Required Spaces Parkin Spaces Exist in Buildin B 20,648 1 per 150 (medical) 1 per 250 (office) 188 existing spaces 39 to be removed Existing Building E 20,857 Major 1 13,969 1 per 200, for general retail less than 50,000 SF; 160 req. spaces 165 total parking spaces provided Shops 1 6,275 Shops 2 12,025 Total: 32,269 Overall: 188 — 39 + 165 = 314 total parking spaces provided (1:235) 36 of the 39 parking spaces are currently underneath a carport trellis. For those to be removed, the applicants have proposed to construct a new carport over 13 spaces located at the northeast corner of the proposed project site, adjacent to the west side of existing "Building E." Although 23 spaces will no longer be covered, the buildings will still meet the 30% carport coverage required for office uses. Parcel Map 27109 has an existing parking and access easement which permits the adjacent office building to park within the proposed site. Because the existing office buildings are closed in the evening and on weekends, the applicants have proposed a day -night parking arrangement with the adjacent property. A shared parking agreement PAReports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc has been included in the recommended conditions of approval. Staff believes this arrangement will be sufficient to provide adequate parking for both projects. Similar projects, such as the recently approved Eisenhower Medical Building, require one parking space per 250 square feet. With all building square footage and parking capacity combined, the parking ratio will for this project will be in compliance with the Parking Ordinance at.1 parking space per 235 square feet. Traffic The proposed tenant of Major 1, Fresh and Easy, has stated that they will be receiving deliveries from an Inland Empire distribution center between 8:3Opm and 1O:30pm. Delivery vehicles entering the loading dock will be full sized 2007-2008 EPA -compliant semi trucks with 53 foot trailers. Public Works has identified a concern with the applicant's proposed truck turning template (Attachment 1, Sheet 2 of 8) due to the three -car width of the Desert Club driveway. A condition of approval has been included for this to be revised, which may result in a minor reconfiguration of the Desert Club driveway and a potential loss or relocation of up to two parking spaces. Concerns have also been raised with street light timing in conjunction with the volume of trips entering and exiting the project site. Desert Club Drive north of Calle Tampico is a cul-de-sac leading to the Adams Elementary school that has historically experienced minimal traffic. As a result, a condition has been added requiring the applicant to prepare a traffic report focusing on the timing of the traffic signals at the intersections of Desert Club Drive and Washington Street along Calle Tampico. Architecture and Site Plan Staff has been working with the project architect over the past year in order to bring the site plan and architecture more in line with the Village Design Guidelines. As a result, parking has been moved to the interior of the project site and the buildings have been placed along Calle Tampico. Upon the ALRC's recommendation, the applicants have further refined the project proposal by providing additional depth to the elevations, enhancing cornices and parapets with a stepped design, extending trellis coverage, and modifying the landscaping plans with drought -resistant landscaping. Although staff is supportive of the Spanish Contemporary architecture, there are a few outstanding concerns with some elements. Staff and the Architecture and Landscaping Review Committee both recommended that the tower entry feature on Major 1 be reduced to 28 feet from 30 feet due to massing concerns. This entry feature extends approximately 5 feet above the general roofline of the building resulting in an appearance of disproportionate massing. Staff also noted two minor errors on the submitted plans. The first error involves one of the two stepped cornices identified for Major 1. Because a stepped cornice was P:\Reports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc identified on the corner of the east elevation, one should also be identified on the north elevation. The second error involves the 6 foot deep trellis recommended on the south face of Shops 2. The 6 foot trellis has been identified on the line elevations but not on the color elevations. The final site plan may have some minor modifications pending Public Works review of the revised preliminary grading plan, truck turning template, and preliminary hydrology report. These modifications may result in the relocation or removal of up to two parking spaces and/or a minor adjustment to the final location of the driveways. Landscaping The overall landscaping palate is well designed and compatible with the desert environment. Staff is supportive of the applicant's proposed incorporation of landscaping into the building architecture and for screening through the use of vertical trellises. The primary concern with the material is that it takes a few years for plants to mature and grow into the matrix. As a result, staff has recommended a condition of approval requiring the use of more mature specimens with larger box sizes. The applicants have proposed a 15 gallon size for all climbing landscaping, including Bougainvillea, Climbing Fig, and Rose. Roses have been recommended for placement away from high -traffic areas. Staff has recommended that the Blue Palo Verde trees within the central plaza be a larger 36 inch box size to enhance and provide additional shade for pedestrians. The applicants anticipate the proposed landscaping palate will be compatible with the new CVWD water use requirements. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed the proposed plans at their August 1 s`, 2007 meeting and adopted Minute Motion 2007-022 by a 3-0 vote recommending approval of Village Use Permit 2006-035 with conditions (Attachment 2). With one exception, the applicants have revised the plans for the Planning Commission in order to meet the ALRC recommendations. The applicants have not opted to lower the Major 1 main entry parapet from 30 to 28 feet in height, as per ALRC recommendation #3, but have incorporated a modified "stepped" parapet as an alternative. " 1. Final landscaping and irrigation plans shall be prepared by a licensed landscape professional, shall be reviewed by the ALRC and Public Works Director, and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, shall be certified to comply with the 50% parking lot shading requirement, 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 P:\Reports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc submittal of the final plans to the Planning Department. 2. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. 3. The Major 1 main entry parapet shall be reduced to 28 feet in height. 4. The Major 1 west elevation pilasters shall be designed to provide a few inches of relief from the adjacent building wall and extend 1 %2 feet above the parapet in the same manner as the pilasters on the other elevations. 5. The final landscaping plans shall identify and accommodate the 50% landscape shading requirement in the parking lot. '6. All Roses shall be planted away from high -traffic pedestrian areas. 7. The center plaza shall eliminate a row of Blue Oat Grass from each side of the water feature and shall identify benches, tables, or similar outdoor seating. Should a future tenant utilize this area for outdoor seating, final designs shall be reviewed and approved by the Planning Director. 8. The south facing facades of all buildings shall be brought forward in depth by at least one additional foot. 9. All trellises identified on the front of Shops 2 shall be increased in depth to a minimum of six feet and be designed with a lattice pattern capable,of providing shade. 10. The applicant shall work with staff in order to provide some type of additional design detail to the north face (rear) of Shops 2. 11. Trellis landscaping used for screening shall consist of larger and more mature specimens with significant foliage and be at least a 15 gallon size. 12. All Green Screen brand or similar vertical trellises shall be painted to match the green color identified on the approved color palate. 13. All trash and grocery cart enclosures shall have a white color and finish consistent with the buildings. 14. Final carport design and color shall be approved by the Planning Director. 15. The applicant shall use desert vegetation. 16. Acacia Smalli and the Flax plants shall be replaced with an alternate. 17. All trellises shall be made of a metal material. PAReports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc 18. Tree wells shall be a minimum of 6'x6'. 19. The loading dock shed roof shall be redesigned to match the remainder of the building. PUBLIC NOTICE AND COMMENT: This project was advertised in the Desert Sun newspaper and posted on September 1, 2007. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. This item has been continued from two previous Planning Commission meetings in which the item was opened and made available for public comment. No public comments were made during those hearings. At the time of the writing of this report, no comments concerning the project had been received. FINDINGS: The findings necessary to approve Village Use Permit 06-035 can be made with the recommended Conditions of Approval and pursuant to Section 9.210.010 of the Zoning Code, as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2007-_ approving Village Use Permit 2006- 035 pursuant to Findings and conditions, to allow construction of three commercial buildings (Major 1 and Shops 1 & 2). ATTACHMENTS: 1. Plans and Elevations 2. Minutes for the August 1, 2007 Architecture and Landscape Review Committee Prepared by: JAr w J. Mogensen al Planner PAReports - PC\2007\10-9-07\VUP 06-035\PC staff rpt. VUP 06-035.doc PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VILLAGE USE PERMIT INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THREE RETAIL COMMERCIAL BUILDINGS LOCATED ON 3.39 ACRES CASE NO.: VILLAGE USE PERMIT 2006-035 APPLICANT: DAN CLINE, FORWARD ARCHITECTURE AND DESIGN, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 111" and 251" days of September and the 91' day of October 2007, hold a duly noticed Public Hearing to consider the request of Dan Cline for a Village Use Permit allowing the construction of three retail commercial buildings, on property more particularly described as: APN: 770-020-012 WHEREAS, said Village Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Planning Department has prepared Environmental Assessment 2006-583 for this Village Use Permit in compliance with the requirements of the California Environmental Quality Act of-1970, as amended. The La Quinta Planning Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that the proposed project is less than five acres and is consistent with existing General Plan policies and Zoning regulations; and WHEREAS, the Architecture and Landscaping Review Committee, did on the 1" day of August, 2007, at a regular meeting, recommend approval of the development plans, subject to conditions; 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 find the following facts and reasons to justify approval of said Village Use Permit: 1. The proposed Village Use Permit is consistent with the La Quinta General Plan and the Duna La Quinta Specific Plan 94-024, in that it will consist of commercial retail and restaurant uses, as allowed in the General Plan for the Village Commercial land use designation, and in the Duna La Quinta Specific Plan for this location. Planning Commission Resolution 2007- Site Development Permit 2006-035 Dan Cline, Forward Architecture and Design October 9, 2007 2. The proposed Village Use Permit is consistent with the requirements of the La Quinta Zoning Code, in that it will provide uses consistent with those permitted in the Village Commercial district, and meets the standards of this district. 3. The proposed Village Use Permit complies with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-63), insofar as it has been determined that the project is exempt from CEQA review under Section 15332, Infill Development. 4. Approval of the proposed Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare, nor injurious to or incompatible with other properties or land uses in the vicinity, insofar as adjacent properties are in the Village Commercial district. 5. The architectural design aspects of the proposed Village Use Permit, including but not limited to architectural style, scale, building mass, materials, colors, architectural detailing, roof style and other elements are compatible with surrounding development, the quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality found in the City. 6. The site design of the project including, but not limited to project entries, interior circulation, landscaping, pedestrian access, pedestrian amenities, screening of equipment, exterior lighting, layout, and similar site design elements are compatible with the surrounding developments, and with the quality of design prevalent in the City. 7. Project landscaping, including but not limited to the arrangement, variety, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between adjacent land uses, and provide an overall unifying influence to enhance the visual continuity of the project. 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; Planning Commission Resolution 2007- Site Development Permit 2006-035 Dan Cline, Forward Architecture and Design October 9, 2007 2. That it does hereby approve Village Use Permit 2006-035 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 9" day of October 2007, by the following vote, to wit: AYES: NOES: ABSENT - ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 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 Village Use 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 Village Use Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC") and Conditions of Approval for Tentative Parcel Map 27109. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. . 3. This Village Use Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 4. Village Use Permit 2006-035 shall comply with all applicable conditions and/or mitigation measures for the following approvals: • Duna La Quinta Specific Plan 94-024 • Parcel Map 27109 5. 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) • Planning Department PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 • 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 • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval A project -specific NPDES construction permit must be obtained by the applicant; 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 provisionsof the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); 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 distu jbs 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. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 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") (LQMC Section 8.70.020 (Definitions)): 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. 7. 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). 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 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 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 applicant shall offer for dedication 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. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Calle Tampico (Primary Arterial, Option B - 100' ROW) - The standard 50 feet right of way from the centerline of Calle Tampico for a total 100-foot ultimate developed right of way has been dedicated by Parcel Map No. 27109. 2) Desert Club Drive (Collector Option B, 64' ROW) - The standard 32 feet from the centerline of Desert Club Drive for a total 64-foot ultimate developed right of way. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Village Use Permit are necessary prior to approval of the Precise Grading Plan, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 A. Calle Tampico (Primary Arterial, Option B) - 20-foot from the R/W-P/L. B. Desert Club Drive (Collector Option B) - 10-foot from the R/W-P.L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 14. Direct vehicular access to Calle Tampico and Desert Club Drive from lots with frontage along Calle Tampico and Desert Club Drive is restricted, except for those access points identified on the Village Use Permit site plan, or as otherwise conditioned in these conditions of approval. As access easements had been previously approved on Parcel Map No. 27109, the applicant is required to provide necessary exhibits for the abandonment of those easements to the City of La Quinta. 15. 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. 16. 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 Village Use Permit, unless such easement is approved by the City Engineer. 17. As Preliminary Precise Grading Plans, Preliminary Hydrology Report or Traffic Study have not been provided and/or approved for this Village Use Permit, the applicant agrees to construct additional infrastructure including but not limited to curb, gutter, sidewalk, pavement and traffic signals as required by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 18. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 11 Calle Tampico (Primary Arterial; Option B 100' R/W): No additional widening is required on the north side of the street along all frontage adjacent to the Village Use Permit boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. a) Increase the curb radius at the northeast corner of Calle Tampico and Desert Club Drive to accommodate larger delivery vehicles as required and approved by the City Engineer. Other required improvements in the Calle Tampico right-of-way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs and as required and as approved by the City Engineer. c) Reconstruct the existing 6-foot wide meandering sidewalk as approved by the City Engineer. d) Modify the existing traffic signal equipment and appurtenances at the intersection of Calle Tampico and Desert Club Drive as required by.the City Engineer to include relocation of the traffic signal equipment and appurtenances at the north east corner of Calle Tampico and Desert Club required by the proposed increased radius requirements mentioned above and if required to include new traffic signal poles, pull boxes, conduit and conductors and other appurtenances as approved by the City Engineer. Said modification may extend to the other corners of Calle Tampico and Desert Club Drive as approved by the City Engineer. e) Striping and signing as required for any of the aforementioned improvements and as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 f1, Any additional street improvements per the approved Traffic Report for this Village Use Permit and as approved by the City of La Quinta and/or the City Engineer . 2) Desert Club Drive (Collector Option "B", 64' R/W): No additional widening is required on the east side of the street along all frontage adjacent to the Village Use Permit boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions: Other required improvements in the Desert Club Drive right-of-way and/or adjacent landscape setback area include: a►. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs as required and approved by the City Engineer. b) Reconstruct the existing 6-foot wide meandering sidewalk as approved by the City Engineer. The applicant shall extend improvements beyond the Village Use Permit boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 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: ' Collector 14.0" a.c /5.0" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 - or the approved equivalents of alternate materials. 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. PARKING LOTS and ACCESS POINTS 23. As Preliminary Precise Grading Plans, Preliminary Hydrology Report or Traffic Study have not been provided and/or approved for this Village Use Permit, the parking lot or any access points may be required as approved the City Engineer after said approval of this Village Use Permit. 24. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. 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. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Village Use Permit site plan and Parcel Map No. 27107 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. 25. General access points and turning movements of traffic are limited to the following: A. Calle Tampico (existing access adjacent to Parcel 1 of Parcel Map No. 27109) 11 Right turn in and out movements are permitted. Left turn out and in are restricted. (Existing raised landscape median). B. Desert Club Drive 2) Primary South Entry: Full turn movements will be permitted as approved by the City Engineer. 3) Secondary North Entry: Full turn movements will be permitted as approved by the City Engineer. 26. 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 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 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. 27. 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. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required,, street name signs and sidewalks. 29. 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. 30. The property owner of this Village Use Permit shall enter into and record on title a reciprocal access and parking easement agreement for the purpose of permitting the parcel owner(s) and their successors and assign reciprocal access to and across all access drives and parking aisles within Parcel Map 27109, and granting all parcel owner(s) and their successors and assign the reciprocal right to use all parking stalls located within Parcel Map 21109. These reciprocal parking and access easement rights shall not be modified or amended in any way without prior written consent and approval of the Public Works Director & Planning Director. The reciprocal access and parking easement agreement shall be submitted to the City Attorney for review and approval prior to approval of any building plans for the project. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 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. 31. 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 LQMC Section 13.24.040 (Improvement Plans). 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Commercial Precise Grading/Storm Drain Plan 1 = 20' Horizontal B. PM 10 Plan C. SWPPP 0 C F 1 " '= 40' Horizontal 1 40' Horizontal Off -Site Street Improvement/Storm Drain Plan Off -Site Signing & Striping Plan Traffic Signal Modification Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: A through F to be submitted concurrently. 1 " = 40' Horizontal 1 " = 20' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the relocated sidewalk, curb ramp reconstruction and landscape setback area. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 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. 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 Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 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. 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 Village Use Permit when it is submitted for plan checking. On -Site Commercial Precise Grading plans are to be submitted for approval by the Building Official, Planning 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. 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 Library at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the appropriate hyperlink under the Design Guidance Section. 34. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. IMPROVEMENT SECURITY AGREEMENTS 35. 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. . COMMERCIAL PRECISE GRADING 36. As Preliminary Precise Grading Plans, Preliminary Hydrology Report and Traffic Study have not been provided and/or approved for this Village Use Permit, the applicant may have to construct additional improvements as approved by the City Engineer. 37. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 38. 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. 39. 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 LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035. FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and. Storm Management and Discharge Controls). 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 Precise Grading Plan 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. 40. 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. 41. The final pad elevations shall not deviate from the attached exhibit elevations by. more than 0.5 feet. 42. Prior to the issuance of a building permit for any building pad, 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. 43. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 44. 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. 45. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 46. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 50. As Preliminary Precise Grading Plans and Preliminary Hydrology Report have not been provided and/or approved for this Village Use Permit, the applicant shall have the option of the following Scenarios for stormwater handling for the site. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 51. The Planning Director shall review any proposed plan, modifications due to drainage and hydrology to determine if the proposed modification is minor, will not result in significant changes in the project, and complies with the spirit and intent of the original approving action. If the director determines the modification may result in a significant change in the project, the Director shall refer the change to the Planning Commission. Scenario No. 1 - Retain Storm Water On -Site 52. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. The applicant shall disconnect the existing dry well from the existing manhole shown on the approved grading for Plaza Tampico and connect it with the required On -Site Drainage System. 53. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 54. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 55. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. Scenario No. 2 - On -Site Storm Water Directed Off -Site to New Catch Basins constructed by the applicant on Desert Club Drive and Calle Tampico 56. The applicant will be allowed to utilize acceptable surface drainage facility PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 designs to drain stormwater from the site on to Desert Club Drive. The applicant shall construct catch basins and underground storm drain system to pipe water to the existing system along Desert Club Drive. In addition, the applicant shall construct catch basins along Calle Tampico to collect storm water to transport it to the existing system in Calle Tampico and Desert Club Drive as approved by the City Engineer. Scenario No. 3 — On -Site Storm Water Captured On -Site and Directed Off -Site Through On -Site Underground Storm Drainage System to Existing Off -Site Underground Drainage System 57. The applicant shall be allowed to direct stormwater from the Village Use Permit site through the on -site underground drainage network to the existing storm drain system off site as approved by the City Engineer. At a minimum, the applicant shall construct catch basins on Calle Tampico and Desert Club Drive along the Village Use Permit boundary to prevent flooding of said streets to the satisfaction of the City Engineer. 58. Pursuant to all scenarios listed above, the Applicant is hereby notified that future site modifications may be necessary including, but not limited to building layouts and parking lot and drive aisle configuration. Verification of the proposed storm water retention system is subject to review and approval by the City Engineer. If, in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the applicant shall make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues. Pursuant to the afore mentioned, the applicant may be required to construct additional underground and aboveground drainage facilities to convey on site and off site stormwater through the project site. UTILITIES 59. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 60. 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 PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL --RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 purposes. 61. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. t 62. 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 63. 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. 64. Any building mounted mechanical equipment shall be fully screened from view by an architectural feature, wall, or parapet of sufficient height to fully screen such equipment above its horizontal plane. 65, The Major 1 main entry (tower feature) parapet shall be reduced to 28 feet in height. The final main entry design shall be approved by the Planning Director. 66. All trellises shall be constructed of a metal material painted to match the approved color palate. 67. All trellises identified on the south face (front) of Shops 2 shall extend a minimum of six feet from the building and be designed with a lattice pattern capable of providing shade. I ' 68. Final carport design and color shall be approved by the Planning Director. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 69. All trash and grocery cart enclosures shall have a white color and finish consistent with the buildings. LANDSCAPE AND IRRIGATION 70. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 71. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 72. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 73. Final landscaping and irrigation plans shall be prepared by a licensed landscape professional, shall be reviewed by the ALRC and Public Works Director, and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, shall be certified to comply with the 50% parking lot shading requirement, 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 Planning Department. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. 74. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 75. Mature Bougainvillea landscaping with significant foliage shall be provided along the entire length of the screening wall adjacent to the loading dock. 76. All climbing landscaping utilized for vertical trellises -shall consist of mature PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 specimens with significant foliage from a minimum 15 gallon size container. 77. Should any landscaping utilized for screening purposes be deemed insufficient by the Planning Director following an initial period of growth, the applicant shall replace or provide additional landscaping with significant foliage. 78. All Roses identified on the final landscaping plans shall be planted away from high -traffic pedestrian areas. 79. Should any future tenants utilize any sidewalks and/or the central plaza for outdoor seating, the final seating and any modifications to the landscaping shall be reviewed and.approved by the Planning Director. 80. The applicant shall provide bicycle parking and bench seating within or around the central plaza. Final location and design of said improvements shall be approved by the Planning Director. 81. Final design of the water feature identified in the central plaza shall be approved by the Planning Director. 82. Blue Palo Verde trees identified within the central plaza shall consist of a minimum 36 inch box size. OUTDOOR LIGHTING 83. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. An exterior lighting plan with photometric study and manufacturers cut sheets shall be approved by the Planning Director prior to issuance of first building permit for project. 84. Freestanding outdoor lighting within the parking lot shall be turned off or dimmed to a level approved by the Planning Director one hour following store closing hours. QUALITY ASSURANCE 85. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 86. The applicant shall employ, or retain, qualified engineers, surveyors, and such PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 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. 87. 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. 88. 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. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by 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 89. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 90. 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 91. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). 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. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007, 92. 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). 93. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. FIRE DEPARTMENT 94, Provide or show there exists a water system capable of delivering a fire flow 1500 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. 95. Approved accessible on -site fire hydrants shall be located not to exceed 330 feet apart in any direction and within any portion of the facility or of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus 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. 96. 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. 97. 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. 98. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 99. Fire Apparatus access road shall be in compliance with the Riverside County Fire PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 100. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus 101. 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 include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 102. 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 may be obtain at the Fire Department. 103. 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. 104. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet, signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 105. 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. 106. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 107. A UL 300 hood/duct fire extinguishing system must be installed over the cooking equipment. The extinguishing system must automatically shutdown 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. 108. 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. 109. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the current California Building Code. 110. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. PLANNING COMMISSION RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2006-035 FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT OCTOBER 9, 2007 111. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 112. 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. ATTACHMENT #2 Architecture and Landscaping Review Committee August 1, 2007 having a terrace, and staff wanted to bring this to the Committee's attention. Committee Member Bobbi asked if -either of the two adjoining projects had comm ted on the project. Staff noted neighborhood meetings w e planned but as of this date had not been held. Committe Member Bobbitt stated he has no problems at this point in ime, but he would like to hear the results of the meeting wit .neighboring projects. Discussion followed regarding the ifference in the pad elevations. 4. Committee Member Bobbitt state to him the bigger issue is the view corridor that will be bloc d by the trees. The City does not want a wall, but he woul be more sympathetic to what the adjoining projects want. 5. Committee Member. B bitt questioned the material proposed for the ground lighti as it will tend to deteriorate over time and become a hig maintenance issue. He would suggest a different type o fixture with a more substantial material. Committee Me er Bobbitt asked if the trellis and railings at the back of the u is would be wood and if so, he would ask that it be treated t keep its shape. He asked the depth of the reveals. Mr. Prevo stated they are set back nine inches. 6. Comm' tee Member Arnold stated he had no objections. He was impressed with the size of the plant material being 7/byhere being no further questions, it was moved and seconded Committee Members Bobbitt/Arnold to adopt Minute Motion 007-021 recommending approval of Site Development Permit 007-888, as recommended by staff. Unanimously approved. Committee Member Fitzpatrick rejoined the Committee. C. Village Use Permit 2007-035; a request of Dan Kline, Forward Architecture and Design for consideration of architecture and landscaping plans for the Plaza at Calle Tampico, located at the northeast corner of Calle Tampico and Desert Club Drive. 1. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff introduced Dan Kline, representing Architecture and Landscaping Review Committee August 1, 2007 Forward Architecture and Design, and who gave a presentation on the project. 2. Committee Member Fitzpatrick stated the detail on the parapets for the shop buildings were nice. The parapets on the loading dock along Calle Tampico on the west side appear to be added on. Mr. Kline stated that from the west elevation it brings some relief to that elevation. The trellis on ; Shop "2" could be blended in more to have a better use of the trellis. It is very pleasing aesthetically, but it is a departure from any of the existing buildings in that area. 3. Committee Member Bobbitt stated his first reaction is that he does not like it. It states it is a Spanish/Revival and it appears to be more contemporary. His impression is that it just doesn't fit in, but with staff's recommendations, he believes it will be much improved. In regard to the parking lot landscaping the Acacia Smalli, appear to be too small as well as the tree wells should be increased in size. Along the curb line he does not want to see any plant material. He likes the metal trellis and keeping it away from the building. The creeping fig or any self clinging vines can be a maintenance problem. 4. Committee Member Arnold stated he had a concern with the Flax plant in the upper pots. He would suggest an alternate. The Acacia Smalli in the parking lot is a thorny large plant and an alternate should be considered. 5. Committee Member Bobbitt stated he agreed and it has been a continual problem as to what type of tree should be use in the parking lots. He would recommend the Acacia Aneura. 6. Committee Member Bobbitt stated he agreed that the shed roof look should be changed. Staff stated they would work with the applicant to redesign this section. 7. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Bobbitt/Arnold to adopt Minute Motion 2007-022 recommending approval of Village Use Permit 2007-035, as recommended by staff. a. Conditions added: desert vegetation shall be used b. Small Acacia Smalli in the parking lot be replaced with an alternate such as the Acacia Aneura Architecture and Landscaping Review Committee August 1, 2007 C. The Flax plant in the upper pots shall be replaced with an alternate. d. The trellis shall be made of a metal material. e. The tree wells shall be a minimum of 6 feet by 6 feet f. The shed roof shall be redesigned .Unanimously approved. D. Sire Development Permit 2007-890; a request of Nadel Retail Vene LLP for Shops at Coral Mountain for consideration of l and landscaping plans for 105,071 square feet of retail located at the southwest and southeast corners of and Madison Street. Assistant Planner Yvonne Franco presented the information ontamed in the staff report, a copy of which is on file in the P11apning Department. Staff introduced Stan Macaray, architect forte project who gave a presentation on the project. 2. Committee Member Fitzpatrick commended the applicant on the design. \ 3. Committee M mber Bobbitt stated it is well designed and thought out. I regard to staff's recommendations, he asked the location of he drive-thru. Staff noted the location. Committee Memb Bobbitt asked whether berming and landscaping was ne ssary for the drive-thru. Staff stated it wasn't as much an iss a as it wasn't located on Highway 111. Mr. Robert Curley, land ape architect stated they would add the landscaping to screen the drive-thru. Staff noted a drive thru would require a Spe fic Plan Amendment. Planning Director Les Johnson explain that the project was brought before the ALRC for review, but a drive-thru would require the applicant to submit a Specific Plan mendment as they are not allowed in a Neighborhood Comme ial District. Discussion followed regarding the different uses pro sed for the Center. 4. There being no further questions, it was mov and seconded by Committee Members Fitzpatrick/Bobbitt to opt Minute .Motion 2007-023 recommending approval of Site De elopment Permit 2007-890, as recommended by staff. Una imously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 9. 2007 CASE NO.: STREET VACATION 2007-045 REQUEST: REPORT OF FINDING UNDER CALIFORNIA GOVERNMENT CODE SECTION 65402 THAT THE PROPOSED VACATION OF AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS AND EGRESS OF FIRE, POLICE AND OTHER EMERGENCY VEHICLES AND PERSONNEL WITHIN TENTATIVE PARCEL MAP NO. 33367 AND PUBLIC UTILITIES EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP NO. 33367 IS CONSISTENT WITH THE GENERAL PLAN LOCATION: NORTH OF AVENUE 54, SOUTH OF AVENUE 52, WEST OF JEFFERSON STREET APPLICANT: THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY BACKGROUND: Pursuant to California Government Code Section 65402, the "Planning Agency" (City of La Quinta Planning Commission) shall make a finding that the proposed vacation is consistent with the City's General Plan and Circulation Element for any street right of way or public utility easement being vacated by the City Council. The City of La Quinta Redevelopment Agency, developer of the SilverRock Resort located north of Avenue 54, south of Avenue 52 and west of Jefferson Street (Attachment 1), requested vacation of 1) an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel established over the vacated portion of Adams Street within Tentative Parcel Map No. 33367 and 2) public utilities easements over the vacated portion of Avenue 52 and Adams Street within Tentative Parcel Map No. 33367 pursuant to California Street and Highways Code Part 3 per Public Streets, Highways, and Service Easements Vacation Law, Section 8320-8325. The easements to be vacated will be incorporated in future development by the City of La Quinta Redevelopment Agency and development of parcels within the Tentative Parcel Map No. 33367. (See Attachment 2) The portion of easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel was established over the vacated portion of Adams Street by Resolution 86-48. The portion of the easement is specifically described in Attachment 3 and is not needed by .the City of La Quinta. Access, ingress and egress of Fire, Police and other emergency vehicles will be provided by development of the internal roadway THROW Right -of- Way\St Vacations\SV 2007-045 SILVERROCK\PC PUBLIC HEARING\SlaffReport SV 2007-045.doc described in Attachment 3 and is not needed by .the City of La Quinta. Access, ingress and egress of Fire, Police and other emergency vehicles will be provided by development of the internal roadway system established by Tentative Parcel Map No. 33367 and future development of individual parcels within Tentative Parcel Map No. 33367. The public utility easements over the vacated portions of Adams Street and Avenue 52 lying within Tentative Parcel Map No. 33367 were conditioned to have been relocated or abandoned through Resolution 87-21 (Attachment 4) for the vacation of Avenue 52. At this time, the City of La Quinta wishes to complete the process and vacate said public utility easements pursuant to California Street and Highways Code Part 3 for Public Streets, Highways, and Service Easements Vacation Law, Section 8320-8325. All utility companies were given proper notification and no utility company has expressed a desired easement within the vacated portions of Adams Street and Avenue 52 within Tentative Parcel Map No. 33367. ENVIRONMENTAL CONSIDERATION: The proposed vacation is categorically exempt under Section 15301, and not subject to the California Environmental Quality Act (CEQA). PUBLIC AGENCY COMMENTS: The Public Works Department has contacted potentially affected public utility agencies informing them of the proposed vacation. To date, no objection to the right of way vacation has been received. FINDINGS: 1. The vacation of 1) the public access, ingress and egress easement for Fire, Police and other emergency vehicles and personnel and 2) the public utility easements will not impact the public or public utility agencies, provided easements are provided for with the future development of Tentative Parcel Map No. 33367. RECOMMENDATION: Adopt Resolution 2007-_ finding that Street Vacation 2007-045 is consistent with the La Quinta General Plan. T:\ROW Right -of- Way\St Vacations\SV 2007-045 SILVERROCK\PC PUBLIC HEARING\StaffReport SV 2007-045.doc Prepared by: BRIAN CHING, Associate ngineer Submitted Planning Director BAC/bc Attachments: 1. Vicinity Map 2. Approved Tentative Parcel Map No. 33367 (Street Vacation 2007-045 with easements highlighted) 3. Resolution 86-48 4. Resolution 87-21 THROW Right -of- Way\St Vacations\SV.2007-045 SILVERROCK\PC PUBLIC HEARING\StaffReport SV 2007-045.doc Resolution 2007 Street Vacation 2007-M October 9, 2007 PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, THAT THE PROPOSED VACATION OF AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS AND EGRESS OF FIRE, POLICE AND OTHER EMERGENCY VEHICLES AND PERSONNEL WITHIN TENTATIVE PARCEL MAP NO. 33367 AND PUBLIC UTILITY EASEMENTS WITHIN THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP NO. 33367 IS CONSISTENT WITH THE GENERAL PLAN CASE NO.: STREET VACATION 2007-045 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of October, 2007, consider the request for vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel established over the vacated portion of Adams Street within Tentative Parcel Map No. 33367 and the public utility easements over the vacated portion of Adams Street and Avenue 52 within Tentative Parcel Map No. 33367; and, WHEREAS, State Government Code Section 65402 requires that prior to public easements and public utility easements being vacated by the City Council, the Planning Commission make a finding that the proposed vacation of easement for public access, ingress and egress of Fire, Police and other emergency vehicles and personnel and the proposed vacation of public utility easements within Tentative Parcel Map No. 33367 is consistent with the City's General Plan; and, WHEREAS, said Planning Commission did make the following Mandatory Finding confirming that the proposed public utility easement vacation is consistent with the City's General Plan: 1. The proposed public access, ingress and egress and the utility easement vacation will have no environmental effects that adversely impact the human population, either directly or indirectly, because the street segment is currently unused by the public and inaccessible to vehicles; and secondly, the act of vacating the easement for public access, ingress and egress for Fire, Police and other emergency vehicles and personnel and the vacating of the public utility easements will have no physical environmental effect. 2. The public utility easement vacation will not impact public utility agencies, provided easements are granted for the continued maintenance and operation of THROW Right -of- Way\St Vacations\SV 2007-045 SILVERROCK\PC PUBLIC HEARING\SV 2007-045 PC Reso.doc Resolution 2007 Street Vacation 2007-045 October 9, 2007 relocated public utilities. 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 it does find the proposed Street Vacation 20077045, as shown on the Attachments 1, is consistent with the City's General Plan for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of .the La Quinta Planning Commission, held on this 9'" day of October, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD L. ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California THROW Right -of- Way\St Vacations\SV 2007-045 SILVERROCK\PC PUBLIC HEARING\SV 2007-045 PC Reso.doc A I I At;MMLN 17 VICINITY MAP N.T.S. 45 i a RANCHO LA I z QUINTA QUINT -"+ COUNTRY COUNTRY z CLUB CLUB sn AVENUE 50 < , � rri m r LA QUINTA RESORT CALLE IN D CLUB z VENUE 52 TRADITION GOLF CLUB GOLF CLUB 53RQ AVE Si TE iT:l NT ATTACHMENT 3 RESOLUTION NO. 86-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF ADAMS STREET. WHEREAS, the City Council did adopt its Resolution No. 86-31, declaring its intention to vacate certain portions of Adams Street pursuant to the Public Streets, Highways.and Service Easements Vacation Law; and WHEREAS, said Resolution No. 86-31 fixed June 3, 1986, at the hour of 7:30 p.m. in the La Quinta Community Center as the time and place for hearing all persons interested in or objecting to the proposed vacation; and WHEREAS, a Notice of Public Hearing was published in the time and manner provided by law and notices of said hearing were posted along said portions of the streets to be vacated in the time and manner provided by law; and. WHEREAS, the Planning Commission has adopted its Resolution No. P.C. 86-001 determining that the vacation of said streets is not in conflict with the Circulation Element or any other element of the General Plan; and WHEREAS, the City Council has conducted its hearing and has heard the evidence concerning this matter. NOW, THEREFORE, the City Council of the City of La Quinta does RESOLVE as follows: 1. The City Council hereby finds and determines that the following described portions of Adams Street are unnecessary for present or prospective public use and hereby orders said street vacated and abandoned. 2. Said street ordered vacated and abandoned is Adams Street between the east quarter corner point of Sectin 31, Township 5 South, Range 7 East, and the west quarter corner point of Section 8, Township 6 South,, Range 7 East, San Bernardino Base and Meridian, excepting that portion within the right-of-way for realigned Adams Street which shall extend between Calle Tampico and the Avenue 50 City Park and school entrance, and also excepting those portions within the Avenue 50 and Avenue 52 rights -of -ways, in accordance with the La Quinta General Plan. Said real property is particularly described in Exhibit "A",_,attached hereto and incorporated herein by this reference. 'A map designating the portion of said drive and boulevard to be vacated is attached hereto as Exhibit "B" and incorporated herein by this reference. 3. 4. NO. 86-48 The City Council hereby finds and determines that the street hereby vacated and abandoned is not useful as a non -motorized, transportation facility as defined in Streets and Highways Code, Sectin 156, nor useful as a bicycle path or route pursuant to Public Resources Code, Section 5079. This Council hereby determines that the,public convenience and necessity require, and it is accordingly ordered, that there is further reserved and excepted from the vacation of the said street, an easement in favor of the public, the City of La Quinta, the County of Riverside, the State of California, and all public agencies, and their officers, agents, employees and contractors, for access, ingress and egress of fire, police, and other emergency services vehicles and personnel, on, in, over, and across the.areas of the said street herein ordered vacated. 5. The City Council hereby finds and determines that public convenience and necessity require that the presently existing public utility easements shall be either relocated and/or abandoned to the satisfaction of the affected public utili-. ties prior to the recordation of this Resolution. 6. The portions of Adams Street hereby vacated shall not be closed to public use nor shall any construction or demolition occur thereon until the following conditions are completed and performed: a. Realigned Adams Street, a local public street with a 60-foot-wide, right-of-way, shall be constructed in accordance with City standards and the conditions of approval for Specific Plan No. 85-006, 'Oak Tree West" as follows: (1) Full width improvements shall be installed in accordance with the requirements of the City Engineer and with the standards in effect at the time of construction. (2) All necessary right-of-way shall be retained or be dedicated to the City. (3) Engineered plan drawings for road improvements shall be submitted to the City Engineer for review and approval. (4) Any required encroachment permits shall be secured prior to beginning any work with rights -of -way. - 2 - Resolution No..86-48 (5). In lieu of the completion of public roadway improve- ments, the Community Development Director may enter into an agreement or accept bonds or similar instruments which will guarantee the construction of this roadway. b. An access easement shall be provided to the existing Coachella Valley water District site located along the east side of the Adams Street alignment approximately 1,322 feet south of the Avenue 50 centerline. c. Prior to the recordation of Street Vacation No. 85-010, written clearances shall be obtained from all affected utilities. Easements shall be retained where necessary. d. Provisions shall be made to ensure.that adequate access to parcels in the area will be provided by public streets, including the possible extension of Date Palm Drive. 7. The City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Riverside County at such time as the conditions set forth in Sections 5 and 6 hereof are satis- factorily completed and performed. ATTEST• CITY/CLERK APPROVED AS TO FORM: APPROVED.AS TO CONTENT: CITY ATTORNEY CITY MANAGER - 3 - EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION NO. 85-010 Those portions of Section 310 Township 5 South, Range 7 East, and of Sections 5, 68 7,1 and 8, Township 6 South, Range 7 East, San Bernardino Base. and Meridian. PARCEL 1 The Easterly 30.00 feet of the Southeast one -quarter of said Section 31, Township 5 South, Range 7 East, SBB&M EXCEPTING therefrom the Southerly 50.00 feet thereof. PARCEL 2 The Easterly 30.00 feet.of all of said Section 6, Township 6 South, Range 7 East, SBB&M, EXCEPTING therefrom the Northerly 30.00 feet thereof within the Avenue 50 right-of-way, and EXCEPTING therefrom the Southerly 30.00 feet thereof within the ,Avenue 52 right-of-way. PARCEL 3 The Westerly 30.00 feet of the Northwest one -quarter of said Section 5, Township EXCEPTING therefrom the Northerly 30.00 Avenue 50 right-of-way. PARCEL 4 one -quarter of the Northwest 6 South, Range 7 East, SBB&M, feet thereof within the The Westerly 30.00 feet of the Southwest one -quarter of the Northwest one -quarter, and of the South one-half of said Section 50 Township 6 South, Range 7 East, SBB&M; EXCEPTING therefrom the Southerly 30.00 feet thereof within the Avenue 52 right-of-way. PARCEL 5 The Easterly 30.00 feet of the Northeast one -quarter of said Section 7, Township EXCEPTING therefrom the Northerly 30.00 Avenue 52 right-of-way. PARCEL 6 one -quarter of the Northeast 6 South, Range 7 East, SBB&M, feet thereof within the The Easterly 30.00 feet of the Southeast one -quarter of the Northeast one -quarter of said Section 7, Township 6 South, Range 7 East, SBB&M. PARCEL 7 The Westerly 30.00 feet of the Northwest one -quarter of said Section 8, Township 6 South, Range 7 East, SBB&M, EXCEPTING therefrom the Northerly 30.00 feet thereof with the Avenue 52 right-of-way. EAST +!a CORN681. SECTION a TYPICAL CROSS SECTION 'A' 1 I - —_�- CL/SECTION LINE AVENUE 50 a+ = as =W e0: =H ey NCO O G i =a TYPICAL CROSS SECTION rya CALLS TAYPI J � O LiSECTION LINE NORTH r, • 3 6 NOTE: VACATION EXCLUDES PORTIONS WITHIN T S AVENOE 60 • 62 RIGHTS Of WAY. IN ACCORDANCE WITH THE LA DUINTA GENERAL PLAN. AND ALSO THE PORTIONS WtTNIN THE REALIGNED ADAYS GTREET. EXHIBIT T" WEST +/a CORNaR.•ECTION 0 STREET VACATION NO. 85-010 PORTION OF ADAMS STREET APPLICANTS: City of La Quinta, Landmark Land Cn. ATTACHMENT 4 RESOLUTION NO. 87-21 5 S 87 0.13. DATE AGENDAITEMY �pPROVED () DENIED () CONTINUED TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF AVENUE 52 AND WASHINGTON STREET. WHEREAS, on April 16, 1985, the City Council did adopt its Resolution No. 85-38 vacating the herein described portion of Avenue 52; and WHEREAS, said street vacation action was taken following Planning Commission review and noticed public hearings all in accordance with applicable provisions of law; and . WHEREAS, at the time of said hearings and action, it was the intent of the Planning Commission and City Council to additionally vacate the vestigial remnant portion of Washington Street between the abandoned section of Avenue 52 and the new successor alignment of Avenue 52; and WHEREAS, said intent is demonstrated by the maps and exhibits for the Avenue 52 Specific Plan Amendment and Tentative Tract Map No. 20328 and its successor No. 21880; and WHEREAS, said intent to vacate the vestigial remnant on Washington Street was not provided for nor set out in Resolution No. 85-38 vacating certain portions of Avenue 52, which was a minor error due to inadvertence and excusable neglect; and WHEREAS, it is now necessary to cure and correct said minor error by adopting this correcting resolution which also, vacates said remnant portion of Washington Street and replaces and supercedes Resolution No. 85-38. NOW, THEREFORE, the City Council of the City of La Quinta does RESOLVE as follows: 1 The City Council hereby finds and determines that the following described portions of Avenue 52 and Washington Street are unnecessary for present or prospective public use and hereby orders said streets vacated and abandoned. 2. Said streets ordered vacated and abandoned are (1) Avenue 52 between Avenida Bermudas and a point 1,321 feet west of Jefferson Street, and (2) Washington Street between said vacated portion of Avenue 52 and the new realignment of RESOLUTION NO, 87-21 Page Two Avenue 52 as depicted on the Avenue 52 Specific plan Nos. 05-007A and 85-007P. Said real property is particularly described in Exhibit "A', attached hereto and incorporated herein by this reference. A map designating the portion of said avenue and street to be vacated is attached hereto as Exhibit "R' and incorporated herein by this'reference. 3. The City Council hereby finds and determines that the streets hereby vacated and abandoned are not useful as a non -motorized, transportation facilities as defined in Streets and Highways Code, Section 156, nor useful as a bicycle path or route pursuant to public Resources Code, Section 5079. 4. The City Council hereby finds and determines that public convenience and necessity require that the presently existing public utility easements shall be either relocated and/or abandoned to the satisfaction of the affected public utilities prior to the recordation of this Resolution; or, in the alternative, City may, in its discretion, accept written commitments from the affected utilities relative to said relocation and abandonment. -- -5. The portions of Avenue 52 and Washington Street hereby vacated 'shall not be closed (except for limited periods of time for public safety and convenience by Order of the ity Manager) to public use nor shall any construction or demolition occur thereon until the following conditions are completed and performed: a. Access shall be provided from realigned Avenue 52 to the front of the Desert Club in accordance with City requirements and to the satisfaction of the Applicant, the owner of the Desert Club and the City Council. (i) If an agreement satisfactory to the Applicant and the owner of the Desert Club cannot be accomplished, then public road access shall be provided. b. The Applicant, shall be responsible to pay all costs. associated with the relocation of Avenue 52 in accordance with the provisions and conditions of approval for Specific plans Nos. 85-005A and 85-005B. These costs shall include, but not be limited to the construction or installation of road improvements, noise barriers, landscaping and traffic control devices. RESOLUTION NO. 87-21 Page Three C. The portion of Avenue 52 approved for vacation shall not be closed (except for limited periods of time for public safety and convenience by order of the city manager) to the public use nor shall any construction or demolition thereon until the following conditions are completed and performed: All improvements shown on Exhibits 'B' and 'D', as contained in the Community Development Department's file for Specific Plans Nos. 85-005A and 85-005B, and as amended by those conditions of approval, shall be completed by the Applicant for acceptance by the City, including: (1) Full -width improvements to an ultimate width of 100 feet for that portion of Avenue 52 between Desert Club Drive and Washington Street, in accordance with Specific Plan Exhibit 'B'. (2) Full -width improvements to an ultimate width of 110 feet for that portion of Avenue 52 between Washington Street and a point 662 feet west of Adams Street, in accordance with Specific Plan Exhibit "B'. (3) Interim 28-foot-wide, paved road between the point 662 feet west of Adams Street and a point 1,321 feet west of Jefferson Street, in accordance with Specific Flan Exhibit 'D'. (4) One-half width improvementsto an ultimate width of 100 feet for that portion of Avenue 52 between Avenida Bermudas and Desert Club Drive. (5) One-half width improvements to an ultimate width of 42 feet for that portion of Avenida Nuestra between Washington Street and Calle Rondo. (6) Closure of Avenida Nuestra at Washington Street. RESOLUTION NO. 87-21 Page Four (7) Installation of noise buffers and landscaping along Avenue 52 and Avenida Nuestra as required by the provisions and conditions.of Specific Plan Nos. 85-005A'and 85-005B. (8) Installation of improvements to the intersection of Avenue 52 and Avenida Bermudas. d. Improvement plan drawings for road improvements shall be subject to review and approval by the City Engineer. Transitional pavement for intersections and lane reduction areas, channelization (or striping) plans, and traffic control device plans shall be submitted for review and approval with the street improvement plans. (1) Any required encroachment permits shall be secured prior to beginning any work within rights -of -way. (2) All necessary right-of-way dedications shall be made. e. Prior to the closure of existing Avenue 52, •the Applicant shall dedicate a site and contribute to the construction of a new fire station, in accordance with the conditions of approval for Tentative Tract Map No. 20328, Revision No. i. Provision shall be made to assure that adequate access to and from the existing fire station is maintained during construction of improvements. f. Specific Plans Nos. 85-005A and 85-OOSR shall be adopted and :in effect prior to the vacations herein provided, and the access, construction of improvements, and other actions required to be performed by this Section 5 shall be in accordance with said Specific Plan and in accordance with the conditions of tentative Tract 21B8O. Provided, however, that to the extent amendments to said Specific Plan or Tract 21880 conditions, or amendments to the Circulation Element of the General Plan, change or amend any of said requirements, said performance shall be in accordance with the latest adopted amendments. RESOLUTION NO. 87-21 Page Five g. City shall retain interim responsibility and liability for maintenance and operation of said vacated Avenue 52 and Washington Street until said streets are actually closed to public use as herein provided. 6. The City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Riverside County at such time as the conditions set forth in Sections 4 and 5 hereof are satisfactorily completed and performed or committed to be completed and performed. APPROVED and ADOPTED this 5th day of May, 1987, by the following vote: AYES NOES: ABSENT: ABSTAIN: ATTEST: Council Members and Mayor Hoyle. None. None. None. MAYO --�---- -/tom - - CITY MANAGER/CITY CLERK Bohnenberger, Cox, Pena, Sniff APPROVED AS TO FORM: CITY ATTORNE PLANNING COMMISSIONER ATTENDANCE AT CITY COUNCIL MEETINGS JULY, 2007 - DECEMBER 31, 2008 2007 2008 November 6 Ed Alderson January 2 20 Katie Barrows 15, Ed Alderson December 4 Jim Engle February 5 Katie Barrows 18 Paul Quill 19 . Jim Engle March 4 Paul Quill 18 April 1 Ed Alderson 15 Katie Barrows May 6 Jim Engle 20 Paul Quill June 3 17 Ed Alderson July 1 Katie Barrows 15 Jim Engle August 5 Paul Quill 19 September 2 Ed Alderson 16 Katie Barrows October 7 Jim Engle 21 Paul Quill November 4 18 Ed Alderson December 2 Katie Barrows 16 Jim Engle G:\WPDOCSNFORMS\COMATTENDCC.WPD 4 on. 4 RE F, � r MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Director Timothy R. Jonasson, P.E., Pubic Vks Director/City Engineer 'k I2J DATE: October 9, 2007 RE: Village Use Permit 06-035, Forward Architecture and Design The Plaza at Calle Tampico Staff met with the applicant on October 8, 2007 and proposes changes to certain Conditions of Approval. These changes are primarily due to the removal of unnecessary conditions or clarifications requested by the applicant that . are supported by staff. Staff thus recommends to the Planning Commission that the following conditions be amended: Village Use Permit VUP 2006-035 Conditions of Approval 1 1. Strike out the words "dedicated right and left turn lanes." 18. A. 1) c) This portion of the condition shall be removed. 18. Strike out the words "dedicated turn lanes" from the last paragraph. 52 - 55. Remove Conditions 52 through 55 regarding Scenario No. 1 entirely. 57. Strike out the last sentence, beginning with the words "At a minimum..." 58. Strike out the second sentence "Verification of the proposed storm water retention system is subject to review and approval by the City Engineer." �4 yaw ?� s MEMORANDUM c�C�M OF T41ti9 TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Director Timothy R. Jonasson, P.E., Pub is Vrks Director/City Engineer k f e J DATE: October 9, 2007 RE: Village Use Permit 06-035, Forward Architecture and Design The Plaza at Calle Tampico Staff met with the applicant on October 8, 2007 and proposes changes to certain Conditions of Approval. These changes are primarily due to the removal of unnecessary conditions or clarifications requested by the applicant that are supported by staff. Staff thus recommends to the Planning Commission that the following conditions be amended: Village Use Permit VUP 2006-035 Conditions of Approval 11. Strike out the words "dedicated right and left turn lanes." 18. A. 1) c) This portion of the condition shall be removed. 18. Strike out the words "dedicated turn lanes" from the last paragraph. 52 - 55. Remove Conditions 52 through 55 regarding Scenario No. 1 entirely. 57. Strike out the last sentence, beginning with the words "At a minimum..." 58. Strike out the second sentence "Verification of the proposed storm water retention system is subject to review and approval by the City Engineer."