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2008 04 22 PCCity of La Quinta Planning Commission Agendas are now available on the City's Web Page GF�t OF.9'4+ @ 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 APRIL 22, 2008 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2008-013 Beginning Minute Motion 2008-01 1 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 Approval of the Minutes of the Regular Meeting of April 8, 2008. V. PUBLIC HEARINGS: 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 .................... TENTATIVE PARCEL MAP 35900 AND VILLAGE USE PERMIT 2007-039 Applicant ............. Prest Vuksic Architects Location .............. Northeast corner of Avenue 52 and Desert Club Drive Request ............... Consideration of 1) the Subdivision of one parcel into three parcels, and 2) Architecture and Landscape Plans for two 7,045 square foot, single -story Office Buildings. Action ................ Resolution 2008-_, Resolution 2008 . VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of April 15, 2008. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on May 13, 2008, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, April 22, 2008 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, April 18, 2008. DATED: April 18, 2008 6djA t CAROL YM WALKER, Executive 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 materials 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. MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 8, 2008 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to lead the flag salute. B. Present: Commissioners Paul QuM, Robert Wilkinson, and Chairman Ed Alderson. Absent: Commissioners Katie Barrows and Jim Engle. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal PlanrYar Stan Sawa, and Executive Secretary Carolyn Walker. IL PUBLIC COMMENT; None. III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Ed Alderson asked if there were any changes to the Minutes of March 25, 2008. There being none, it was moved and seconded by Commissioners Quill/Wilkinson to approve the minutes as submitted. Unanimously approved. VI. PUBLIC HEARINGS: A. Specific Plan 2002-062 Amendment No. 2 Site Development Permit 2007-898; a request of Regency Marinita La Quinta, LLC for consideration of 1) Development Guidelines and Principles to allow Development of a Retail Shopping Center on 10.79 acres, 2) Architectural and Landscaping Plans for a 90,441 square foot Shopping Center located on the southwest corner of Jefferson Street and Fred Waring Drive. PAReports - PC\2008\4-22-08\Minutes 4-08-08.doc Planning Commission Minutes April 8, 2008 Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if the OSH building height was 41 feet. Staff said yes. Chairman Alderson asked if there were any water features included. Staff replied there were not. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson had a question about the elevation of the homes south of the project. Staff stated the residences were four feet lower compared to Shops 1. Commissioner Wilkinson asked about the park. Staff said it was a park and retention basin and quite bit lower than the project. Commissioner Wilkinson was concerned about fine -of -sight and the views of the nearby residences. Staff said from the south or the west people would see some of the buildings. There was proposed landscaping along both of these properties. When the landscaping has matured the trees will screen some of the project. Commissioner Wilkinson said one of the Conditions of Approval discusses delivery times. He asked if the deliveries, for the hardware store, would be made at the rear of the store. He also asked about early morning deliveries, Staff repel that Condition is the same as that imposed in 2002 and suggested the applicant address the Commissioner's concerns. Commissioner Wilkinson asked if the City Code required no work before 7:00 a.m. Chairman Alderson said that Code reference was related to construction, not retail deliveries. Staff pointed out Condition 100 which states "Deliveries to Shops 1, Fresh & Easy food store, and OSH Hardware or subsequent tenants shall not occur between 9 p.m. and 8:00 a.m." Staff said this should be compatible with the nearby residences as far as delivery times are concerned. 2 Planning Commission Minutes April 8, 2008 Commissioner Wilkinson had a concern about the north entrance off of Jefferson where the parking areas come out into the driveway lane. He said motorists will be driving fast and traffic will be coming out of the parking areas at a lower rate of speed. He asked if this could be a potential problem. It was pointed out Commissioner Wilkinson was discussing the northern entrance off Jefferson Street. He suggested moving the building Pad A to the north, with parking on the south side of building, to alleviate the problem. Staff asked if he meant flipping the building and the parking in that area. Commissioner Wilkinson said'he was suggesting moving the building over. Chairman Alderson said the alternative would be to stop traffic from using the driveways on either side or re -direct that exiting traffic. Commissioner Wilkinson said it was more the south area where it gets complicated if someone is entering the site and wanting to turn left into the bank parking area. It oan create a bottleneck. He gave the example of the problem at Adams Street and Highway 111 by the carwash. Chairman Alderson suggested the applicant's engineer could address that question when they make their presentation. Commissioner Wilkinson said the photometric study showed the southwest corner of the project had very low numbers and it appeared to be very dark. Commissioner Quill said it was for the protection of the nearby houses. Staff said there would have to be some additional lighting in that area, but they would look at the final photometric study and make sure there was adequate lighting for safety, but still have the appropriate shielding for the neighbors. Chairman Alderson said this project was "parked out". He asked if the applicant was made aware of the fact that if he changes his mix of tenants and an incoming tenant has a higher parking requirement there will be no "leeway" to accommodate the parking. Staff replied the applicant had been informed of the parking requirements. 3 Planning Commission Minutes April 8, 2008 Chairman Alderson asked that a condition be added that the approval is for the two currently proposed drive -through uses, but should a new tenant request a drive -through for food use, it would be denied. Staff clarified they would not administratively approve a drive -through for fast- food. Chairman Alderson asked if there was any protection provided to eliminate the possibility of the public falling into the retention basins. Staff said normally no restrictions were required. Chairman Alderson asked if staff felt there was a hazard. Staff replied Public Works had analyzed the plan and would have commented on it if there was a safety issue involved. Principal Engineer Ed Wimmer agreed. Chairman Alderson asked if there were any major concerns expressed at the recent neighborhood meeting. Staff stated they did not attend the meeting and they had not subsequently been made aware of any major concerns. Chairman Alderson asked if the area designated for the City of La Quinta entry monument was only to have a City sign, or was the applicant including tenant signs. Planning Director Johnson said the area was reserved for the future use of a City entry -only sign such as the one in front of Home Depot. Chairman Alderson commented about the height of the OSH tower being 42 fast. Staff replied it had previously been approved at 41 feet. Chairman Alderson said Code limits that tower to 28 feet and said the City was glaring up a 14 foot condition. Staff said that was right. Chairman Alderson was not trying to "nit pick" but it seems that every time an applicant comes in they raise these buildings a foot or two higher. He said he would look down on anything higher than this in the future. Chairman Alderson complimented the Architecture and Landscaping Review Committee on the fine job they did in analyzing the building design. Their comments were extensive and to the point, especially those of Committee Member Fitzpatrick. He also applauded the applicant for incorporating the ALRC-requested changes into the plans. n Planning Commission Minutes April 8, 2008 Commissioner Quill asked if the original plan was included in the packet. Staff said it was attachment no. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Rick Stokes representing Regency-Marinita said the primary concern of the residents was the height of OSH. OSH has failed to execute an agreement with the developer to be part of the project. They are asking the commission to approve the project without the OSH portion of the project. Chairman Alderson wanted to know if they were asking for approval of the OSH pad, but not a building. Mr. Stokes said they wanted the approval of the 42,500 square foot. building area as a pad. They have worked with staff on the Conditions of Approval and only have a couple of concerns. The first would be 1501►ei; that the last sentence be changed from "The applicant shall pay to the City of La Quinte this fair share prior to the issuance of the grading permit" be changed to read "...prior to the issuance of building permits." Mr. Stokes wanted to address Condition No. 93 which referred to the CVS Pharmacy. He said there was a representative from CVS Pharmacy present to discuss this Condition. Commissioner Quill said the idea of approving a structure without knowing what the structure is for is problematic. He said he could not approve the specific square footage. Mr. Stokes said they were requesting approval of the pad based on the whole Site Development Permit. Commissioner Quill said he was concerned about approving the square footage because he did not know what the future usage would be. Planning Director Johnson suggested it be identified as retail not to exceed that amount so the parking ratio will still work. He added, a footprint and the square footage have to be identified for the Specific Plan purposes. Obviously the design character and everything else in the specific plan would hold true for any amendments to the site development permit that would come before you for future adjustments to either the footprint or the architecture of the building not to exceed 42,500 square feet. 5 Planning Commission Minutes April 8, 2008 Commissioner Wilkinson asked if the hours of delivery beginning with 7:00 a.m. were included in the conditions of the previous applicant and asked if that had anything to do with the neighborhood meetings. Mr. Stokes said the neighbors were concerned about that condition and he assured them it was covered in the Conditions of Approval. Commissioner Wilkinson had concerns about congestion at the entrance to the parking lot and asked how the site would be impacted if Building A was flipped with the parking area to the immediate north. Chairman Alderson said it would only solve half the problem. Commissioner Wilkinson gave some scenarios of parking problems. Mr. Stokes gave an explanation of how the circulation would work using the example of a bank tenant which is a very low intensity use. He said the plan would then be do -able if they were to flip the building and the parking area. Commissioner Wilkinson asked if emergency 1wrvices had approved the turning radii. Staff said they had remfved no negative comments on this. Mr. Stokes said they submitted the plans to Riverside County and they had several comments, with their main concern being the ability to make a left-hand turn on to Jefferson. Commissioner Wilkinson commented on the direction the traffic would have to take. He asked Staff if they looked at the lighting and how it influenced the neighbors in the southwest corner of the parking area. He said if the use is changed it could affect the lighting. He asked if there was a way to get more lighting below the wall. Staff said there should be a way of adding lighting there with proper shielding. Commissioner Wilkinson said the photometrics study showed zero light in that area. Staff said they would make sure there was adequate lighting. There was a preliminary photometric study, but the final would provide adequate lighting. Planning Director Johnson suggested if the Planning Commission wants to add a Council recommendation staff could work with the applicant to assure there is adequate lighting and less impact on the nearby residences. Commissioner Wilkinson asked if they would be looking at signage later. Staff replied yes. 0 Planning Commission Minutes April 8, 2008 Planning Director Johnson clarified there is an allowance for architectural features up to fifteen feet in excess of the regular height requirements in the non-residential district. Chairman Alderson said when the large building is taken out the tower feature will be removed and no longer a concern. The other heights are within the logical allowable amount the Commission has approved. His point was there just seemed to be so many applicants exceeding the height regulations lately. Chairman Alderson asked if the lighting stands alone or was it attached to the OSH building. Planning Director Johnson replied the photometric plan took into account parking lot lighting only. An updated photometric plan would have to be worked out with the applicant. Commissioner Quill said one of the things discussed the first time this application was approved, was discussicm about the fact there was a park and residential community behind it and, yet no walking or bike access had been provided into the shopping center. He asked when the City would begin requiring the addition of pedestrian -friendly uses to shopping centers. He was also concerned about the potential for driving problems just to access the sho,ppipg center and said the Commission should be prompting pedestriaPifriendly access. Chairman Alderson asked if the project was approved, would the applicant begin construction immediately. Mr. Stokes said they were hoping to. They currently had their plans in for Shops 1, 3, and Pad A had already been through first plan check. Chairman Alderson confirmed they were just waiting for approval to submit plans. Mr. Stokes replied they were. Chairman Alderson asked if the grading plan was ready to go with the elimination of the OSH building. Mr. Stokes said they were waiting to submit their grading plan with changes. Chairman Alderson asked staff, regarding the grading plan, if the client would have any problems if they omitted the OSH pad, from the application, and did not have any changes in grading topography or anything. Principal Engineer Ed Wimmer said it did not appear to be any problem at all. Ms. Holly Gryzywacz, (representing CVS Pharmacy), 5850 Canoga Avenue, Suite 650, Woodland Hills, California said this design concept was based on the 2004 approval. It was the original concept with a hl Planning Commission Minutes April 8, 2008 slight modification. (Mr. Stokes held up two sets of drawings; one with the original plan and one with the latest drawings.) Ms. Gryzywacz said the architect -drafted architecture would blend well with the center's architecture. They tried to maintain the original concept including arches. Chairman Alderson asked if they were looking at the first submittal or a recently amended one. Mr. Stokes clarified what they were looking at. Ms. Grzywacz said they took the recommendations of the Architecture and Landscaping Review Committee and were working to remove the columns to bring the building into cohesion with the rest of the center. They tried to preserve the windows, but she had no problem with adding back the columns. Chairman Alderson asked her if staff was recommending the original design. Ms. Grzywacz said yes. Chairman Alderson said if there were no more applicant representatives, he would call up Mr. Greg Cairns, whose wife had sent an e-mail to the Commissioners with concerns about the project. Mr. Greg Cairns, 79-966 Memorial Place, La Quinta said they were relieved to hear the concerns brought up by the Planning Commission. His concern was the type of trees that would be planted near his home, because all the tumbleweeds ended up in their yard. They would like to have "clean" trees rather than Tipu trees near their yard to help with the dust and debris. Other than that inclusion, they were happy with the plan. After attending the meeting tonight he was confident the Planning Commission was on top of the situation. Chairman Alderson complimented Mrs. Cairn's well -written e-mail. Chairman Alderson asked if there was any public comment. Mr. Mike Flynn, Project Architect, 17-992 Mitchell South, Irvine, California 92614, had a couple of items regarding changing the trees in the southwest corner, which was no problem. He said they would be . going back through the Architecture and Landscape Committee with those changes. Chairman Alderson asked about he preliminary landscape plans. Staff clarified the conceptual plans were taken to the Planning Commission and the final plans were conditioned to be approved by staff, then taken to the Architecture and Landscape Committee for final approval. Mr. Flynn said he thought they could work something out that would give them conceptual grades. ADA access there wouldn't be any problem with including an opening so you could walk through the park and get access to the shopping center. E Planning Commission Minutes April 8, 2008 Commissioner Quill said while Mr. Flynn was at the podium he wanted to ask a question of Mr. Cairns. Commissioner Quill said this site plan lays out as Neighborhood Commercial without access and it's hard to make changes when they weren't intended from the beginning, but that being said, he asked Mr. Cairns if he thought the residents of the neighborhood would like to have access to the center. Mr. Cairns said yes they would and gave an example of trying to get to a business across Jefferson. Commissioner Quill said he wanted to have a resident's point of view because sometimes the residents don't want access because they think it would be problematic. He just wanted Mr. Cairns' point of view. Mr. Cairns was in favor of accessibility to the project. Chairman Alderson called on Mr. Sklepko, Project Engineer, D.R.C., 800 S. Rochester Avenue, Suite C, Ontario, CA 91761. He has been the civil engineer on the project and could answer any questions on the site. Commissioner Quill said the building pad elevation for OSH is at 49-feet. The houses near it looked like they're rougMy four feet lower. Could conceivably the building pad fights come down some in relation to the adjacent property in order to reduce, the, overall elevation of the height. Mr. Sklepko said, on the south and west, they are really matching grade. They have some slope differential on the south side. They are actually slightly lower then the face of the wall. He was not sure if it was 4-feet throughout the plan. Commissioner Quill commented on how he arrived at the four -foot difference. Mr. Sklepko looked at the conceptual grading plan and confirmed the four foot difference. He went over the various grades in the project and said drainage was going into the southeast corner of the site therefore he does not have the ability to lower the grade and still provide drainage. Commissioner Quill said, in general, commercial sites on corners are lower. Chairman Alderson asked if it was safe to say they designed the site to balance. Mr. Sklepko said there would be an export of 9200 cubic feet. They would be increasing the export. Chairman Alderson asked about the export in the driveways. Commissioner Quill asked if the grade could be lowered and still maintain the drainage patterns needed to get back towards the retention basins. It would be helpful to lower the grades so the building pads were in better relationship to the adjacent residential development. Mr. Sklepko said possibly they could make some minor adjustments, but no dramatic changes. 0 Planning Commission Minutes April 8, 2008 Chairman Alderson commented on the storm drain, as well as the overflow into the retention basin on the west and south sides. Mr. Sklepko explained where the basins were and their usage. Chairman Alderson asked if there are three retention basins including an underground collection site. Mr. Sklepko aid the underground facility was closer to Jefferson. Chairman Alderson asked Mr. Sklepko to re -address the grading issue and see what could be done about providing some better grading to satisfy Commissioner Quill. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson asked if the applIcant was going to close off one of the driveways to correct the cross -traffic problems. Chairman Alderson said the applicant needed to re -address the driveway and the entry so the two drives could be placed further west. Commissioner Wilkinson said he was not as concerned with the side accesses on the north, but with the one on the south. Chairman Alderson asked if the Commission could rely on that being worked out with staff. Planning Director Johnson suggested they make a recommended condition to eliminate the driveway access on the south side. He did, not think it would be a circulation problem. Commissioner. Quill commented that not too much attention had been paid to the drug store and enhancing their elevations. He said he personally liked the original elevation and would leave it up to the staff to maintain the current elevation. He would not be open to making any changes on the elevations. Commissioner Quill did say he would like to add a condition to require pedestrian access and highly recommended that a study be done to look at adding access to this site from the residential community. Planning Director Johnson said staff would be happy to work with the applicant to do that. Commissioner Quill added that about two years there was a recommendation made to the Planning Commission and there were some concerns made about safety issues. He would welcome checking with [If Planning Commission Minutes April 8, 2008 the police chief and involve the Community Services Department in providing linkage from the park. Commissioner Quill suggested a third condition, if anything could be done to the southwest corner elevation area, that it be dropped down somewhat in relationship to the residential development. Commissioner Quill said another condition would be to study the lighting issues. Also the addition or modification on trees in accordance with Mr. Cairns' concerns on the type of trees should be imposed. Commissioner Quill added the Commission requested modifying the application not to approve the OSH building, but just the pad. Chairman Alderson re -stated the conditions as Commissioner Quill presented them and added the OSH site would now be approved just as a commercial/retail pad not to exceed the square footage noted. He also added he had a concern with the color palette. He felt there should be an accent color to "jump out" at you. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-011 approving Specific Plan 2002-062, Amendment No. 2, as recommended. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES. None. ABSENT: Commissioners Barrows and Engle. ABSTAIN: None. There being.: no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Resolution 2008-012 approving Site Development Permit 2007-898 as recommended with the following amendments: a. The last line of Condition 15 B.1) a) be changed to read: The applicant shall pay to the City of La Quinta their fair share prior to the issuance of the building permit. b. Condition 61 to read: Trees adjacent to the south property line shall be "clean" trees (free of excessive leaf debris). An additional two trees shall be planted adjacent to the south property line next to the retention basin. 11 Planning Commission Minutes April 8, 2008 C. Condition 73 to read: Approved accessible on -site super fire hydrant(s) (6x4 2-1/2 x 2-1 /2) Minimum number of 3 hydrants with 450 feet spacing between. The maximum distance from any point on street or road frontage to a hydrant shall be 225 feet. Fire hydrants shall provide the required fire flow. d. Condition 105 added to read: This approval does not constitute approval to subdivide the property. e. Condition 106 added to read: Finish grades near the southwest corner of the project site shall be lowered, if deemed feasible by the City. f. Condition 107 added to read: Adequate parking lot and security lighting shall be provided throughout the project site. g. Condition 108 added to read: If deemed feasible by the City, direct pedestrian access shall be provided between the park/retention basin to the west and the project. h. Condition 109 added to read: The drive aisle adjacent to the north side of Pad A leading to the driveway entry on Jefferson Street closest to Fred Waring Drive shall be closed. Resulting parking spaces in that closed access area shaft be designed to provide acceptable back-up provisions. i. Condition 110 added to read: The pads with drive -through lanes shall riot be used for restaurants. j. Condition 111 added to read: The OSH space is hereby not approved for development. It is an unspecified vacant retail pad of a maximum 42,500 square feet. Development of this pad area requires approval of a Site Development Permit application. ROLL CALF.. AYE$: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioners Barrows and Engle. ABSTAIN: None. VII. BUSINESS ITEMS: Discussion of the April 1st City Council meeting: Chairman Alderson gave an overview of what happened at the meeting. The meeting was about the Eden Rock project and it was continued to the April 151h meeting. Chairman Alderson talked about the Development Agreement and asked Planning Director Les Johnson to explain what the problem was with the Development Agreement. 12 Planning Commission Minutes April 8, 2008 Staff added the need to establish a traffic signal at Avenue 54 and Jefferson Street and the fact that staff will be presenting detailed information (traffic study) on the signal at the next meeting. There followed discussion on the timing and funding of the signal. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: UCR Desert Lyceum 2008 Summit: Planning Director Les Johnson encouraged the Commissioners to attend the April 25" Desert Lyceum Summit. The theme of the Summit is "Energy, Environment, and Economic Change." IX. COMMISSIONER ITEMS: 2008 Planners' Institute — Sacramento : Chairman Alderson said he had written two thank you letters, one to Senator Jim Battin, and one to Robert Simon (Chairman, Indian Wells Planning Commission) to thank them for a tour of the State Capitol. 2009 Planners' Institute: Planning Director Les Johnson reminded the Commissioners that next year's Planners' Institute will be held in Anaheim and encouraged everyone to attend. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on mil 22, 2008. This regular meeting was adjourned at 8:48 p.m. on April 8, 2008. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California 13 STAFF REPORT PLANNING COMMISSION DATE: APRIL 22, 2008 CASE NO: TENTATIVE PARCEL MAP 35900 & VILLAGE USE PERMIT 2007-039 APPLICANT: PREST VUKSIC ARCHITECTS PROPERTY OWNER: DAVID CHAPMAN INVESTMENTS, LLC REQUESTS: 1) CONSIDERATION OF THE SUBDIVISION OF ONE PARCEL INTO THREE PARCELS 2) CONSIDERATION OF ARCHITECTURE AND LANDSCAPING PLANS FOR TWO, 7,045 SQUARE FOOT, SINGLE STORY OFFICE BUILDINGS ENGINEER: ESSI ENGINEERING LANDSCAPE ARCHITECT: RGA LANDSCAPE ARCHITECTS LOCATION: NORTHEAST CORNER OF AVENUE 52 & DESERT CLUB DRIVE ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DIRECTOR HAS DETERMINED THAT THESE PROJECTS ARE EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) SURROUNDING LAND USES: NORTH - VC/ VACANT AND RL/ EXISTING RESIDENTIAL SOUTH - AVENUE 52/ RL/ EXISTING RESIDENTIAL EAST - RL/ RM/ EXISTING RESIDENTIAL WEST - DESERT CLUB DRIVE/ VC/ EXISTING OFFICE BUILDINGS 1 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf BACKGROUND: The Village Use Permit for the existing Arnold Palmer's Restaurant (VUP 00-004) was originally approved by Planning Commission on January 23, 2001. Palmer's Restaurant has been in operation since 2003 and is located on a 4.97± acre parcel at the northeast corner of Avenue 52 and Desert Club Drive. Palmer's Restaurant is closed for lunch and provides valet parking during operational hours in the evening. On April 11, 2006, the Planning Commission conducted a public hearing and considered a proposal to construct a 13,171 square foot, two-story office building at this site, located on the corner of Avenue 52 and Desert Club Drive. At the hearing, there were a number of concerns presented by residents living in the neighborhood to the north of the project site. The item was continued until May 9, 2006 to allow the applicants to perform a sight -line and view study. Due to neighbors' concerns over building height, scale, and massing, the Planning Commission voted to take the project off -calendar during their May 9, 2006 meeting so that the applicants could revise -the two-story building. The application was later withdrawn by the applicant. In preparation of a new application submittal, a neighborhood meeting was held on November 20th, 2007 in the La Quinta Library's multi -purpose room, hosted by the project architect to discuss the proposed new office building design. Only one resident attended the two-hour event. Two other residents who were unable to attend later reviewed the plans at the Planning Department. PROPOSAL - Tentative Parcel Map 35900 Request The first portion of this proposal involves the division of the Palmer's Restaurant property into a three -parcel layout (Attachment 1). Parcel 1, the location of the existing restaurant and majority of the parking area, is proposed at 3.37 acres in size. Parcels 2 and 3, the locations of the two proposed office buildings, are 1 acre and .61 acre in size respectively. While the Village Commercial (VC) zoning district has no specific frontage or lot standards, the proposed Tentative Parcel Map accommodates the required Municipal Code standards regarding building setbacks from adjacent zoning and rights -of -way. Parcel 1 follows the existing site plan of Palmer's Restaurant and accommodates the existing porte-cochere, building, and parking. This property line configuration does not conflict with the proposed office buildings, proposed parking, and driveways for the office buildings. Reciprocal access and parking easements for shared parking and access between all parcels have been identified on the plans and are included in the recommended Conditions of Approval which will require the 2 PAReports - M2008W22-081Palmers VUP 07-039 TPM 359001Staff Report VUP 07-039 TPM 35900.rtf applicant to record a reciprocal access and parking agreement to run with the land in a form and content satisfactory to the City Attorney. This reciprocal access and parking agreement is in the same form as the previous Village Use Permit condition proposed in April of 2006. Office Buildings Proposal The applicant is proposing to construct two, 20 foot 6 inch high, single story, 7,045 square foot commercial office buildings within the existing 4.97± acre Palmer's Restaurant site (Attachment 2). The desert -contemporary buildings, referred to as "A" and "B," have been designed to be consistent with the existing Palmer's Restaurant. The buildings themselves are identical in architectural details and materials and are mirrored floor plans to one another. The major difference between the two buildings is the reversed location of the shared restrooms and individual tenant entrances. Mechanical equipment will be located on the rooftop, screened from view within a 5 foot sunken well. Both buildings will overlook existing golf-themed landscaping features associated with the Arnold Palmer's Restaurant, though the existing golf feature at the corner of Avenue 52 and Desert Club Drive will be revised with a reduction in size. Exterior building finish will consist of cement plaster with a smooth finish complimented by a stack stone facade which, although not identical, is consistent with the existing restaurant. Portions of the roof overhang will feature stained timbers, designed to match the existing timbers of Palmer's Restaurant. Roofing material will consist of mission -style boosted clay tile. Outdoor lighting fixtures placed on the building will consist of lantern -type fixtures outfitted with a bulb refractor and consistent with the existing restaurant. The applicant has proposed constructing underground stormwater retention chambers placed underneath the parking area. Public Works has reviewed but not approved the final hydrology design, but does not foresee a conflict between the proposed underground retention and the proposed site plan. Setback, Height, and Bulk Regulations The proposed building will meet the Village Commercial District's development standards. The general roofline of both buildings will be 19 feet in height, with the placement of a 6 foot deep center well for HVAC equipment. The roof peaks at the ends of each building will measure 20 feet 6 inches in height. Building A faces the southwestern corner of the project site, generally 105 feet away from the corner of Desert Club Drive and Avenue 52. A 6 inch setback is identified at Building A's closest point to the Desert Club Drive right-of-way, though this west face of the building is not parallel to the street and the setback varies to 6 3 P:\Reports - PC\2008\4-22-08\Pafiners VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf feet due to the building's undulation. Along Avenue 52 the building is 20 feet at its closest point from the right of way, complying with the 20 foot landscaping setback required along this street frontage. The tenant entrances to Building A will be from the interior parking area generally facing northeast. The edge of Palmer's porte-cochere is approximately 75 feet from the closest point of proposed office Building A. The exterior face of Palmer's Restaurant is located approximately 112 feet away from Building A. The existing Palmer's Restaurant is 22 feet in height and has a small second story at the southwest corner used for offices and storage. On the eastern portion of the site, Building B is located 23 feet from Avenue 52 at its closest point. Building B is about 75 feet at its closest point to the existing restaurant and will share a view of the existing golf putting green landscaping feature behind the restaurant. There is an existing landscaped berm along Avenue 52 which screens the rear of the restaurant and will screen a portion of the proposed Building B. The tenant entrances to Building Bare on the north face of the building, adjacent to the existing parking lot. In regards to the relationship to the surrounding properties, the two existing Vista De Montana buildings across the street along Calle Amigo and Desert Club Drive are 34 feet 6 inches at their highest point with setbacks of 5 to 10 feet from the right of way. Plaza De Barcelona, also across from Palmer's Restaurant on Desert Club Drive, has a 2 foot setback from the right-of-way and a roofline 29 feet in height with an architectural cupola at the corner measuring 32 feet in height. The proposed Palmer's offices are architecturally similar to the nearby Vista De Montana buildings in that they have a similar facade and comparable use of stone veneer. Landscaping Proposal A water -efficient but compatible landscaping theme will be applied around the perimeter of the proposed office buildings. The noted putting green and sand trap features at the corner of Desert Club and Avenue 52 will be retained but redesigned and reduced in size. Building B will share the existing golf landscaping feature opposite from the restaurant's existing patio area. The landscaping plans have identified flagstone pedestrian paths and bench seating outside both buildings. The applicants have identified California Pepper Trees, California Fan Palms, Date Palms, Palo Verdes, Acacia Palo Blancos, and Heritage Live Oaks for the proposed tree species. Shrubs include Bougainvilleas, Desert Spoons, Agaves, Red Yuccas, Pineapple Guavas, and Dwarf Oleanders, among others. Decomposed granite has been proposed for ground cover along the buildings' exterior. All existing landscaped areas which will remain "as is" have not been identified on the landscaping plans. With the addition of the two office buildings, the amount of turf will be reduced and overall water consumption will decrease. 4 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf Parking Management Program The existing Arnold Palmer's Restaurant currently has 152 parking spaces, exceeding their required parking count by 28 parking spaces. With the two office buildings the applicants have proposed a reconfiguration of the parking area, providing a total of 176 parking spaces. With Buildings A and B calculated for general office use, 180 parking spaces are required under the Parking Ordinance to accommodate both the proposed office buildings and the restaurant. Additional parking would be required if any of the proposed office building space were to be used for medical offices. As per LQMC section 9.150.060, thirty percent of the required spaces are to be covered by a trellis or carport structure. The applicants have proposed placing two of the required carports at the center of the existing parking lot, due to current ADA regulations requiring access, rather than at the rear of the site. The applicants are proposing a minimalist styled carport structure painted consistent with the buildings. ANALYSIS: Previous concerns with the original application for the office building focused on mass, scale, and height. Area residents had concerns that the original two-story office building was out of scale with the adjacent neighborhood and was placed too close to Desert Club Drive. With this dual -building, single story proposal, these aspects of the project are not anticipated to be an issue. While the proposed office buildings' architecture has been well designed and readily meets the Village Design Guidelines, it should be noted that the submitted proposal approximates, rather than replicates, the architecture and design of the existing Palmer's Restaurant. The existing stone veneer on the restaurant is more of a random pattern with larger pieces rather than the horizontal flat -stone pattern identified on the proposed buildings. The proposed tile roofing and building materials' aesthetic compatibility was considered by the ALRC and recommended for approval. The proposed site plan will provide 176 parking spaces, 4 spaces short of the required amount for combined restaurant and general office uses. As the Village Commercial Ordinance allows some variation to the parking requirement, and the fact that Palmer's Restaurant is closed during the day when the offices would be in use, the applicants have identified a reciprocal parking and access easement on the parcel map and agreed to enter into a shared day/night parking program. The recommended parking program, as conditioned for both Tentative Parcel Map 35900 and the Village Use Permit, would require a covenant to be put into a 5 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf recordable instrument and recorded on the title to the property prior to approval of the final tentative map or final occupancy of the buildings if no map is ever recorded. Parcels 2 and 3 would be limited to general office and medical uses during weekday daytime operations when the restaurant is closed. Parcel 1, the existing restaurant, would be limited to standard evening and weekend operations. Should the restaurant wish to open for lunch in the future, a revised parking management program has been recommended in the conditions of approval. Updated traffic and parking studies would be required for submittal with the option of forwarding the request to the Planning Commission. Additional parking and a deceleration lane to accommodate the additional trip counts entering the site from Avenue 52 may be deemed necessary by the required traffic and parking studies. With the Director's approval, the recorded covenants could then be modified to permit lunchtime operations. As the restaurant does not experience substantial business activity until after 5pm, a conflict between vehicles entering and exiting the site is not anticipated. Should future parking issues arise, the valet parking system can be re-evaluated in order to better accommodate the proposed office buildings and to better manage the exchange of vehicles at the end of the business day. With its trademark golf feature at the corner of Avenue 52 and Desert Club Drive, Palmer's has become something of a landmark in La Quinta. The applicant proposes to reduce the size of this golf feature but attempt to retain the same design and character. The conceptual landscaping plans identify an area about the size of a putting green but do not identify sand traps. Although the total landscaped area of the site will be reduced and replaced with more water -efficient groundcover, staff finds the proposed conceptual landscaping to be compatible with the existing golf course -style landscaping. Staff and the ALRC will review the final design of this golf feature and all landscaping replaced around the proposed buildings with the final landscaping plans. Architecture and Landscape Review Committee (ALRC) Action: On February 6, 2008, the ALRC reviewed the project landscaping and building architecture (Attachment 3). The Committee discussed the project's relationship to the Village Design Guidelines, pedestrian walkability, and questioned the applicant about integrating features like park benches into the site plan. Following a staff report and discussion, the ALRC recommended the following provisions: 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 P:\Reports - M20084-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. 2. All air conditioning/mechanical equipment shall be completely screened from view within the rooftop well. 3. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be fitted with a visor if deemed necessary by staff. 4. The design of the carports shall be submitted to, and approved by, the Planning Director and shall be consistent with the design elements of the existing restaurant and proposed office buildings. On a 3-0 vote, the ALRC adopted Minute Motion 2008-009, recommending approval of the proposed project subject to the above provisions. PUBLIC NOTICE AND COMMENT: This case was advertised in the Desert Sun newspaper on April 11, 2008. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. Staff transmitted the applicant's request to all responsible public agencies. Three residents who requested special notification were emailed hearing notices and staff reports. No comments from the adjacent residents or other members of the public have been received as of this report's preparation. Any comments from public agencies have been included in the recommended conditions of approval. STATEMENT OF MANDATORY FINDINGS: Based on the provisions of the General Plan, Zoning Code, and the Village at La Quinta Design Guidelines, findings necessary to approve this proposal can be made as noted in the attached Resolutions to be adopted for the project. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf RECOMMENDATION: 1. Adopt Planning Commission Resolution 2008- granting approval of Tentative Parcel Map 35900; and, 2. Adopt Planning Commission Resolution 2008 , granting approval of Village Use Permit 2007-039, subject to conditions as recommended by staff. Transmitted by: A ew J. Mogensen P Incipal Planner Attachments: 1. Tentative Parcel Map 35900 2. Architectural Packet* 3. Minutes of the February 6, 2008 ALRC meeting * A materials board will be available for viewing at the Planning Commission meeting. 8 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ±4.97 ACRES INTO THREE COMMERCIAL PARCELS CASE NO.: TENTATIVE PARCEL MAP 35900 APPLICANT: DAVID CHAPMAN INVESTMENTS LLC WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 22ntl day of April, 2008, hold a duly noticed Public Hearing to consider the request of David Chapman Investments LLC., for the subdivision of ±4.97 acres into three commercial parcels, located in the Village Commercial District at the northeast corner of Desert Club Drive and Avenue 52 more particularly described as: LOT 90 OF TR. 28470-1 AND LOTS 2, 3, AND 4, BLOCK 2, OF DESERT CLUB DRIVE TRACT UNIT NO.1, SOUTH HALF OF SECTION 6, T6S R7E, S.B.M WHEREAS, said Tentative Parcel Map 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 Planning Department has determined that the proposed Tentative Parcel Map is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 11 `" day of April, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 35900: Finding A - The proposed map is consistent with the City of La Quinta General Plan and Zoning Code. The property is designated Village Commercial which allows a variety of uses including office commercial and general business. The Land Use Element of the General Plan encourages commercial developments throughout the City. This n PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Reso TPM 35900.DOC Planning Commission Resolution 2008- Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 project is consistent with the goals, policies and intent of the La Quinta General Plan. All plans for buildings will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B - The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan and any applicable specific plans. Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Accommodations for on -site stormwater retention shall be provided both above and below ground. The proposed map is not located within the area of any approved specific plan. Finding C - The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The La Quinta Planning Department has determined that this subdivision is exempt from an Environmental Assessment pursuant to the criteria as listed in Section 15315 of the Guidelines to the California Environmental Quality Act, as the project is located within an existing urban in -fill parcel of less than five acres. Finding D - The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 13.24.100 of the Subdivision Ordinance. As conditioned, the design of the proposed subdivision and future improvements will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed parcel map since legal access is provided from Desert Club Drive and Avenue 52. Utility and access easements have been provided for, or are required in the subdivision design. Finding E - The design of the subdivision is consistent with the Village Design Guidelines. 10 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\Reso TPM 35900.DOC Planning Commission Resolution 2008- Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 As conditioned, the design of the subdivision is in accord with the development standards of the Village Commercial District. The project has provided adequate pedestrian and vehicular access and the layout of the site has been designed so as to provide a safe, organized, and accessible path of travel. Finding F - The site is suitable for the development of the project. As conditioned, the proposed design of the subdivision is physically compatible with the site with regard to level topography for the type of land use designation and development of the subject property, and in consideration of existing commercial and residential development in the surrounding area. All three parcels have shared parking and access to each other and a public right-of-way. Finding G - The design of the subdivision or type of improvements are not likely to cause serious public health problems. As conditioned, the proposed subdivision will not result in any increased hazard or create conditions materially detrimental to public health, safety, or welfare, as the design has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, with none identified. Finding H - The project has adequate parking and shared access with the parking management plan. The applicant has identified a reciprocal access and parking easement agreement which commits in perpetuity that Parcels 1, 2, and 3 have reciprocal access and parking easements and a restrictive covenant recorded on the title of each property to ensure that City Parking requirements are complied with during the life of the projects. Based upon these conditions, the Planning Commission finds that the project complies with all required City parking requirements. 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; 1. That the Planning Commission does hereby approve Tentative Parcel Map 35900 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. it P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Reso TPM 35900.DOC Planning Commission Resolution 2008- Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22nd day of April, 2008, 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 12 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\Reso TPM 35900.DOC PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TWO 7,045 SQUARE FOOT OFFICE BUILDINGS WITHIN THE VILLAGE COMMERCIAL DISTRICT CASE NO.: VILLAGE USE PERMIT 2007-039 APPLICANT: PREST VUKSIC ARCHITECTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22n' day of April, 2008, hold a duly noticed Public Hearing to consider the request of Prest Vuksic Architects for a Village Use Permit to allow the construction of landscaping and architecture for two 7,045 square foot office buildings on the northeast corner of Avenue 52 and Desert Club Drive more particularly described as: LOT 90 OF TR. 28470-1 AND LOTS 2, 3, AND 4, BLOCK 2, OF DESERT CLUB DRIVE TRACT UNIT NO.1, SOUTH HALF OF SECTION 6, T6S R7E, S.B.M 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 Planning Department has determined that the proposed Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 11 `" day of April, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Village Use Permit: Finding A - Consistency with the General Plan: The proposed Village Use Permit is consistent with the General Plan, in that the proposed general office uses are permitted in the General Plan for within the Village Commercial land use designation. The property is designated Village Commercial which allows a variety of uses including office commercial and general business. The Land Use Element of the General Plan encourages commercial developments throughout the 13 Planning Commission Resolution 2007- Village Use Permit 2007-039 Arnold Palmers Office Buildings Adopted: April 22, 2008 City. This project is consistent with the goals, policies and intent of the La Quinta General Plan. Finding B - Consistency with the Zoning Code: The proposed Village Use Permit is consistent with the requirements of the Zoning Code, in that it will provide uses consistent with those permitted in the Village Commercial district, and meets the development standards of this district. All plans for buildings will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding C - Compliance with the California Environmental Quality Act: 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, and a Notice of Exemption will be filed. Finding D - Public Health, Safety, and Welfare: Approval of the proposed Village Use Permit will not create conditions materially neither 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, Low Density Residential, and Medium Density Residential districts. The project will not contribute to a decline of the existing health and safety conditions and has been designed and conditioned to provide safe and adequate paths of travel, appropriate safety and security lighting, and protect and retain on -site stormwater. The project has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, with none identified. Finding E - Architectural Design: The architectural design aspects of the proposed Village Use Permit, including, but not limited to architectural style, scale, building mass, building height, materials, colors, architectural detailing, roof style and other elements are compatible with surrounding development, and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality found in the City in that it incorporates a desert modern theme with architectural features such as clay tile, decorative pavers, 14 Planning Commission Resolution 2007- Village Use Permit 2007-039 Arnold Palmers Office Buildings Adopted: April 22, 2008 stone facades, and stucco painted with a desert compatible palate. Finding F - Site Design: The site design aspects of the proposed Village Use Permit, including, but not limited to project entries, parking provisions, interior circulation, vehicular access, pedestrian and bicycle access, pedestrian amenities, screening, outdoor lighting, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall quality of design found in the City. The proposed project is suitable for the proposed site as designed in that adequate provisions have been made such as rooftop utility wells to screen mechanical equipment, pedestrian connectivity between buildings, landscaping to screen undesirable views, and sufficient vehicular circulation to access and accommodate the intended uses. Finding G - Landscaping Design (Water -Efficient Landscaping): The project landscaping for the proposed Village Use Permit including, but not limited to location, size, type and coverage of plant materials, has been designed to provide visual relief, unify and enhance visual continuity of the site with the surrounding developments, compliment the project and existing restaurant, improve water efficiency, and be consistent with the concepts in the Village at La Quinta Design Guidelines. Finding H - Suitability of the Parking Management Program: With the conditions of approval for the shared parking and access easement agreement and recorded covenant for the shared day -night use of the facility between the office buildings and restaurant, the proposed Village Use Permit will not result in a significant impact on parking and traffic within the project site or the surrounding area. 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 hereby approve Village Use Permit 2007-039 for the reasons set forth in this Resolution and subject to the attached conditions of approval. 15 Planning Commission Resolution 2007- Village Use Permit 2007-039 Arnold Palmers Office Buildings Adopted: April 22, 2008 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this the 22"d day of April, 2008 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 16 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 35900 DAVID CHAPMAN INVESTMENTS APRIL 22, 2008 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with Village Use Permits 00-004 and 07-039, the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapterl3 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Parcel Map shall expire on April 23, 2010, two years after Planning Commission approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) 17 Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 • 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. 5. The applicant shall comply with applicable provisions of 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 disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including 18 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for 19 P:\Reports - M2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial, 1 10' ROW) - No additional right of way is required from standard 55 feet from the centerline of Avenue 52 for a total 110-foot ultimate developed right of way. Additional right of way may be required for deceleration lane/s in the future should there be an expansion of use, determined by a traffic study prepared for the applicant by a licensed traffic engineer as per Engineering Bulletin # 06-13. 2) Desert Club Drive (Local Street, 60' ROW) - No additional right of way is required from standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 11. Dedications shall include additional widths as necessary for dedicated right (deceleration), bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The 20 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights -of -way, 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: A. Avenue 52 (Primary Arterial Type A) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Avenue 52 and Desert Club Drive from lots on this Parcel Map is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final Parcel map. 16. 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. 21 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 PARKING AND ACCESS EASEMENTS 17. The applicant shall provide for reciprocal access with all parcel owners within this parcel map across all access drives and parking aisles and stalls. 18. The applicant and property owner shall submit for review and approval by the City Attorney and Planning Director, the following covenants, which the applicant shall put into a recordable instrument and record on title to the property prior to approval of the final tentative map. These limitations shall be designated on the approved Final Parcel Map 35900 and shall run with the land and bind successive owners and assigns: A. Parcels 2 and 3 are limited to general professional and medical office uses that are open during normal daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. B. Parcel 1 is limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. 19. Any future modification to the operational covenants or shared parking and access easements shall require the applicant to submit a parking and traffic study identifying and demonstrating that sufficient parking and access is available for such increased use. The Planning Director shall approve the modifications prior to recording and have the discretion to defer approval to the Planning Commission. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker and acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. 22 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 IMPROVEMENT PLANS 22. As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 23. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 24. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading/Storm Drain Plan 1 " = 30' Horizontal (at the discretion of the City Engineer, a Scale of 1 " = 20' shall be provided) B. On -Site Sewer and Water Plan 1 " = 30' Horizontal C. PM 10 Plan 1 " = 40' Horizontal D. SWPPP 1" = 40' Horizontal E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal NOTE: A through E to be submitted concurrently. F. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal and 1 " = 4' Vertical 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. 23 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Precise Grading Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "On Site Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On Site 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. 25. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-guinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of the mylars of all improvement plans acceptable to the City Engineer. 27. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. 24 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 FOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built' conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 28. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 29. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 30. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the 25 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended-doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 31. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Parcel map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete all Off -Site Improvements prior to the City providing the Certificate of Occupancy for any building completion. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 32. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or 26 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. PRECISE GRADING 33. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 34. 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. 35. 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 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. 27 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 36. 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. 37. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 38. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 39. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 40. Prior to any site grading or regrading that will raise or lower any portion of the 28 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 41. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 191:7e\OLreu 42. Stormwater handling shall conform to the approved hydrology and drainage report for Tract No. 28470-1 Lot 90. Nuisance water shall be retained on site disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 43. 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, storm water 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 the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. It should be noted that the current preliminary hydrology report did not comply with the Engineering Bulletin No. 06-16 stated above. The retention basin is currently under redesign. 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 29 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 45. 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 and as approved by the City Engineer. 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. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 48. 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. 49. Storm water 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). 50, The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 51. 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. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 30 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 UTILITIES 53. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 54. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 55. 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. STREET AND TRAFFIC IMPROVEMENTS 56. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 57. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 11 Avenue 52 (Primary Arterial; 1 10' R/W): No additional widening is necessary of the existing 43 feet from the centerline of Avenue 52 to the face of curb. The 8" curb face shall be located forty three feet (43') north of the centerline. a) A deceleration/right turn only lane at Avenue 52 Primary 31 PAReports - PC\2008\4-22 OWalmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 Entries may be required for any future expansion of use if determined by a traffic study, prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. The traffic study shall include all buildings (preexisting restaurant and proposed office buildings) as shown on the Tentative Parcel Map 35900. Other improvements in the Avenue 52 right-of-way and/or adjacent landscape setback area may include: b) All appurtenant components such as, but not limited to: strip traffic control striping, restriping Class II Bike Lane, legends, and signs. c) Class I Golf Cart Path as needed. 58. 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: Local Streets 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials approved by the City Engineer. 59. 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. 60. General access points and turning movements of traffic are limited to the following: 32 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 A. Avenue 52 1) Existing drive entrance to Restaurant. Right turn in and out movements are permitted. Left in and out are not permitted. 2) Existing easterly drive entrance (may be relocated +/- 70 feet east). Right turn in and out is permitted; however, left turn in and out is prohibited. B. Desert Club Drive 1) Primary Entry: Full turn movements are permitted. The applicant shall extend improvements beyond the subdivision 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). 61. 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 62. 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. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. 33 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 Site Development Plan site plan 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. 63. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 64. 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. 65. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and 34 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 sidewalks. 66. 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. CONSTRUCTION 67. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. MAINTENANCE 68. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 69. 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 70. 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. 71. 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). 35 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 'el2,01191TA111 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "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 developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Village Use Permit shall comply with the requirements of the La Quinta Municipal Code, Village Use Permit VUP 00-004, and Tentative Parcel Map 35900. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Village Use Permit is valid for two years from the April 22, 2008 date of approval, expiring on April 23, 2010 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. Prior to the issuance of any permit by the City, the applicant shall obtain the applicable permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance for Building Permit), Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) Em PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 • 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, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 37 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 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. PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 7. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas. 8. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial, 110' ROW) - No additional right of way is required from standard 55 feet from the centerline of 38 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 Avenue 52 for a total 110-foot ultimate developed right of way. Future additional right of way may be required for deceleration lane/s if necessary due to a future expansion of use, to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13.The traffic study shall include all buildings (preexisting restaurant and proposed office buildings) as shown on the Tentative Parcel Map 35900. 2) Desert Club Drive (Local Street, 60' ROW) - No additional right of way is required from standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 9. 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. 10. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, and as applicable under Tentative Parcel Map No. 35900, unless such easements are approved by the City Engineer. 11. The applicant shall create perimeter landscaped setbacks along all public rights - of -way as follows: a. Avenue 52 (Primary Arterial) - 20 feet from the right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, reminder parcels, right-of-way reversions, 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. 12. The applicant shall provide for reciprocal access with all parcel owners within this Village Use Permit across all access drives and parking aisles and stalls. 39 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 13. The applicant and property owner shall submit for review and approval by the City Attorney and Planning Director, the following covenant, which the applicant shall put into a recordable instrument and record on title to the property prior to approval of final occupancy for any building in the event that Parcel Map 35900 is not recorded. These limitations shall run with the land and bind successive owners and assigns: A. Buildings A and B are limited to general professional and medical office uses that are open during normal daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. B. Parcel 1 is limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. 14. Any future modification to the operational covenants shall require the applicant to submit a parking and traffic study identifying and demonstrating that sufficient parking and access is available for such increased use. The Planning Director shall approve the modifications prior to recording and have the discretion to defer approval to the Planning Commission. 15. Uses other than general offices and medical offices are not permitted within the proposed office buildings. Any proposed tenant uses which require interpretation shall be reviewed and approved by the Planning Director. 16. The applicant shall comply with all Parking Lots and Access Driveway Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. IMPROVEMENT PLANS 17. 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. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 40 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 19. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading/Storm Drain Plan 1 " = 30' Horizontal (at the discretion of the City Engineer, a Scale of 1" = 20' shall be provided) B. On -Site Sewer and Water Plan 1 " = 30' Horizontal C. PM10 Plan 1" = 40' Horizontal D. SWPPP 1" = 40' Horizontal E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal NOTE: A through E to be submitted concurrently. F. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal and 1" = 4' Vertical 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. Precise grading plans shall include perimeter walls with Top of Wall, Top of footing, and finish grade (both sides of wall) elevations shown. All footing shall have a minimum of 1 foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility. The assessment must comply with 41 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted t the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall 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 accessible design. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.orq). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 21. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements, LQMC. 23. The applicant shall comply with all grading improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 24. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a precise grading permit approved by the City Engineer. 25. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified 42 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 26. 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. 27. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. DRAINAGE 28. The applicant shall comply with all drainage improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 29. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. I ITII ITIFS 30. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), 43 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 LQMC. 31, The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 32. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 33. 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. STREET AND TRAFFIC IMPROVEMENTS 34. The applicant shall comply with all Street and Traffic Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 35. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 36. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS a) A deceleration/right turn only lane at Avenue 52 Primary Entries may be necessary in the event of any future expansion of use, if determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. The traffic study shall include all buildings (preexisting restaurant and proposed office 44 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended-doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 buildings) as shown on the Tentative Parcel Map 35900. Other improvements in the Avenue 52 right-of-way and/or adjacent landscape setback area may include: b) All appurtenant components such as, but not limited to: strip traffic control striping, re -striping Class II Bike Lane, legends, and signs. c) Class I Golf Cart Path as needed. 37. 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: Local Streets 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. Or the City Engineer approved equivalents of alternate materials. 38. 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. 39. General access points and turning movements of traffic are limited to the following: A. Avenue 52 Existing drive entrance to Restaurant. Right turn in and out movements are permitted. Left in and out are not permitted. Existing easterly drive entrance (may be relocated +/- 70 feet east). Right turn in and out are permitted; however, left turns in and out are 45 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008 039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 prohibited. B. Desert Club Drive 1) Primary Entry: Full turn movements are permitted. The applicant shall extend improvements beyond the subdivision 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). 40. 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. LANDSCAPE AND IRRIGATION 41. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), & Section 8.13 (Water -Efficient Landscaping), LQMC. 42. The applicant shall provide landscaping in the required setbacks and perimeter areas. 43. Landscape and irrigation plans for landscaped lots, perimeter areas and setbacks shall be signed and stamped by a licensed landscape architect. 44. 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, and. be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code and the Coachella Valley Water District's Landscaping and Irrigation Design Ordinance. 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 46 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 requirements of the Planning Director. Note: Final landscaping plans are not approved for construction until approved and signed by the Planning Director. 45. Landscape areas shall have permanent irrigation improvements meeting the requirements of Section 8.13 LQMC. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 46. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 47. Mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient height and/or density to fully screen such equipment. Final design of all screening shall be reviewed and approved by the Planning Director. 48. 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. OUTDOOR LIGHTING 49. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be re -fitted with a visor if deemed necessary by staff. 50. All outdoor lighting fixtures shall be fitted with a visor or shield to reflect lighting away from adjacent residences. Final outdoor lighting design shall be reviewed and approved by the Planning Director. CONSTRUCTION 51. The City will conduct final inspections of buildings only when the buildings have 47 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include but not limited too required traffic control devices, pavement markings and street name signs. If Onsite Street and/or parking construction in commercial development is initially constructed with partial pavement thickness, the applicant shall complete the final pavement prior to final inspections of the building/s within the development or when directed by the City, whichever comes first. 52. All rooftop air conditioning/mechanical equipment shall be completely screened from view within the rooftop well. 53. The design of the carports shall be submitted to, and approved by, the Planning Director and shall be consistent with the design elements of the restaurant and office buildings. MAINTENANCE The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 54. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 55. 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 56. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. FIRE PROTECTION 57. Provide or show there exists a water system capable of delivering a fire flow 4000 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 48 P1Reports - PC\2008W22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 the construction site. 58. Approved accessible on -site fire hydrants shall be located not to exceed 500 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 access roads measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 600 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 59. 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. 60. 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. 61. 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. 62. Fire Apparatus access road shall be in compliance with the Riverside County Fire 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. 63. 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. 64. 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 49 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended-doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 the appropriate lane printing and/or signs. 65. 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. 66. 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. 67. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 68. 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. 69. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 50 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 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. 70. 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. 71. 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, 11 or IIIA of combustible/flammable liquid shall be used in any amount in the building. 72. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 73. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 74. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 75, Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CIVIC 609.0 76. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. Special forms are available from this office for ordering the Key Switch. POLICE DEPARTMENT 77. The applicant shall provide a fence with locked gate to store all building materials during construction. This area shall be shown on the Fugitive Dust 51 P:\Reports - PC\2008\4-22-08\Pa1iners VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 Control Plan. 52 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc ATTACHMENT #3 Architecture and Landscaping Review Committee February 6, 2008 C. Village Use Permit 2007-039; a request of Prest Vuksic Architects for David Chapman for consideration of architecture and landscaping plans for two 7,045 square foot single -story office buildings located at the northeast corner of Avenue 52 and Desert Club Drive. 1. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Committee Member Fitzpatrick asked about the Village Guidelines. He said a two-story building was proposed before and the community objected to it. He asked if they needed to go back to the community to see if they have any objections. Staff said they had a neighborhood meeting and there have been no objections by the community. 3. Committee Member Fitzpatrick had questions about the parking spaces. Staff explained the parking plan which would not have a conflict with the offices because the restaurant did not serve lunch and the offices were closed at night. 4. Committee Member Fitzpatrick asked if the covered spaces addressed the 30% covered parking spaces requirement. Staff defined what was involved in the 30%. 5. Committee Member Fitzpatrick asked if any of the spaces included disabled spaces. Staff said those would be included under the carports. 6. Committee Member Fitzpatrick asked if staff had any concerns about the turf requirements. Staff said they would not be adding turf, but removing some. 7. Committee Member Fitzpatrick asked about southern exposures. Staff said there are three foot overhangs to accommodate the southern exposures. 8. Committee Member Fitzpatrick asked if there were rental spaces. Staff said they would be tenant spaces. 9. Committee Member Fitzpatrick asked about the amount of restroom facilities. Staff explained how additional facilities may be added as tenant improvements when spaces where rented. 53 Architecture and Landscaping Review Committee February 6, 2008 10. Committee Member Fitzpatrick asked if the design was consistent with Village Guidelines. He said the buildings should be people friendly and he did not see any of the amenities mentioned in the Guidelines. Staff said the project does provide for some walkability but had to take into consideration it is along Avenue 52. 11. Committee Member Fitzpatrick asked if the City was going to waive the walkability requirement. Staff replied it was not a requirement, just a suggestion. 12. Committee Member Fitzpatrick asked if this was a pedestrian - friendly site. The landscape architects, Dave Munday and Ron Burger with RGA Landscaping, were introduced and pointed out the random flagstone pathways which would invite the public in and were accessible from the public sidewalk. The setting is informal desertscape but designed to be pedestrian friendly. The public sidewalks feed right into the development. He then stepped forward and explained the plans to the Committee Members. 13. Committee Member Fitzpatrick said that appeared to meet with the Village Guidelines criteria. He asked if the sand traps qualified as a landmark. Staff said they were not officially designated landmarks. 14. Committee Member Bobbitt said he was on the Committee for when the first buildings were proposed and had a very difficult time with denial of the project because of the height of the buildings across the street. He does like the restaurant and the theme. He did receive some comments from the City Council after they approved the original two-story building. He felt this design was much more appropriate for that location and a more than acceptable substitute for this space. 15. Committee Member Bobbitt said the building maintains the Village atmosphere. Committee Member Fitzpatrick brought up a valid point about public access. He would like to see something on this corner to invite people in such as benches, a fountain, etc. He would not feel comfortable unless there were something inviting to draw people in without distracting people working in the offices. He said he would like to see something more inviting on the corner. It had not been achieved across 54 Architecture and Landscaping Review Committee February 6, 2008 the street in the other buildings. He suggested something subtle be designed appropriate to the Village design theme. 16. Committee Member Bobbitt had a question on the parking plan. The plan showed a new putting green in front of the building, but on the landscape plans it said existing lawn to remain. Is it going to be lawn or a new putting green? Dave Munday said the putting green would remain. Committee Member Bobbitt said it was confusing because the plans differed in what they showed. He would prefer to see some inviting landscaping such as the utilization of shade trees. He pointed out the City's use of benches in various locations. 17. Committee Member Fitzpatrick said there were some nice streetscapes in the Village. Mr. Burger said they might look into adding something low profile, but nice. 18. Committee Member Bobbitt said the plant palette had been modified to suit City needs, but had concerns about the Schinus molle (California Pepper Tree). 19. Committee Member Fitzpatrick asked if there was anything sustainable about either of these buildings. Dave Prest, Prest Vuksic, was introduced and said they were starting to do LEED projects. He said the desert presents many challenges for a LEEDS approved project, but they have been including basic energy efficient procedures in their projects. They have to deal with and meet incredible standards for Title 24. They have eight or nine overhangs, low-E glass, and other energy efficient procedures. They are trying to blend into the desertscape and their photometrics include a light standard; which is an indirect fixture so you don't see the light source at all. Staff put up the photometric plan. 20. Committee Member Fitzpatrick asked if the light fixtures utilized low energy. Mr. Prest said they were an energy -efficient light source. 21. Committee Member Fitzpatrick said he did not see any solar usage. Mr. Prest said solar is good for producing electricity and good if you can use photovoltaics. They have done projects with photovoltaics, but nothing to heat water. They are trying to reduce electricity. He used an example of a company they are working with, from Oregon, which takes natural gas which 55 Architecture and Landscaping Review Committee February 6, 2008 in turn produces hydrogen which in turn produces electricity. He described the energy cell which is about as big as an air conditioning unit. 22. Committee Member Fitzpatrick said there was a lot of focus on water usage, but said there should be some reflection on solar usage. Mr. Prest said these are shell buildings and they only show two bathrooms. When the spaces are rented they will put in their own tenant improvements. 23. Committee Member Fitzpatrick asked if they had prospective tenants. Mr. Prest said not at this time. 24. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Bobbitt to adopt Minute Motion 2008-009 recommending approval of Village Use Permit 2007-039 as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: A. Staff said Council approved the Water Efficiency Ordinance requiring al new projects to comply with the new CVAG W Efficiency req 'rements. In addition to that, from the dir ion of Planning Com ission is that all water features are re ' ad to have a non- potabl water source. Committee Membe Bobbitt asked if this included II water features, such as lakes. taff replied yes. The only exception ould be if the Planning C mission approved the water feature with ut it. They would hav to work with the applicants to find a way to ind non -potable w er access for their water features. Committee Me er Bobbitt as ed about the canal. Staff said the canal is available Committ Member Bobbitt commented on the CVWD's use of ru ing a recyclable pipeline and its availability. Staff wanted to bring t the Committee's attention to let them know water features woul not be using what has become a rare commodity. Commi ee mber Arnold asked if this applied to new projects only. Staf replied s. B. Staff said the lanning Commis approved a 5 % maximum amount Water Effipflency Code Provisions Arnold a ad for clarification of the it wa 50% of the entire site. recommended, and the Council turf. It is now part of the City's Title 8. Committee Member :fin ion of the 50%. Staff said Committee Member Fitzpatrick 56 STAFF REPORT PLANNING COMMISSION DATE: APRIL 22, 2008 CASE NO: TENTATIVE PARCEL MAP 35900 & VILLAGE USE PERMIT 2007-039 APPLICANT: PREST VUKSIC ARCHITECTS PROPERTY OWNER: DAVID CHAPMAN INVESTMENTS, LLC REQUESTS: 1) CONSIDERATION OF THE SUBDIVISION OF ONE PARCEL INTO THREE PARCELS 2) CONSIDERATION OF ARCHITECTURE AND LANDSCAPING PLANS FOR TWO, 7,045 SQUARE FOOT, SINGLE STORY OFFICE BUILDINGS ENGINEER: ESSI ENGINEERING LANDSCAPE ARCHITECT: RGA LANDSCAPE ARCHITECTS LOCATION: NORTHEAST CORNER OF AVENUE 52 & DESERT CLUB DRIVE ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DIRECTOR HAS DETERMINED THAT THESE PROJECTS ARE EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) SURROUNDING LAND USES: NORTH - VC/ VACANT AND RL/ EXISTING RESIDENTIAL SOUTH - AVENUE 52/ RL/ EXISTING RESIDENTIAL EAST - RL/ RM/ EXISTING RESIDENTIAL WEST - DESERT CLUB DRIVE/ VC/ EXISTING OFFICE BUILDINGS P:\Reports - PM2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf BACKGROUND: The Village Use Permit for the existing Arnold Palmer's Restaurant (VUP 00-004) was originally approved by Planning Commission on January 23, 2001. Palmer's Restaurant has been in operation since 2003 and is located on a 4.97 t acre parcel at the northeast corner of Avenue 52 and Desert Club Drive. Palmer's Restaurant is closed for lunch and provides valet parking during operational hours in the evening. On April 11, 2006, the Planning Commission conducted a public hearing and considered a proposal to construct a 13,171 square foot, two-story office building at this site, located on the corner of Avenue 52 and Desert Club Drive. At the hearing, there were a number of concerns presented by residents living in the neighborhood to the north of the project site. The item was continued until May 9, 2006 to allow the applicants to perform a sight -line and view study. Due to neighbors' concerns over building height, scale, and massing, the Planning Commission voted to take the project off -calendar during their May 9, 2006 meeting so that the applicants could revise the two-story building. The application was later withdrawn by the applicant. In preparation of a new application submittal, a neighborhood meeting was held on November 201h, 2007 in the La Quinta Library's multi -purpose room, hosted by the project architect to discuss the proposed new office building design. Only one resident attended the two-hour event. Two other residents who were unable to attend later reviewed the plans at the Planning Department. PROPOSAL: Tentative Parcel Map 35900 Request The first portion of this proposal involves the division of the Palmer's Restaurant property into a three -parcel layout (Attachment 1). Parcel 1, the location of the existing restaurant and majority of the parking area, is proposed at 3.37 acres in size. Parcels 2 and 3, the locations of the two proposed office buildings, are 1 acre and .61 acre in size respectively. While the Village Commercial (VC) zoning district has no specific frontage or lot standards, the proposed Tentative Parcel Map accommodates the required Municipal Code standards regarding building setbacks from adjacent zoning and rights -of -way. Parcel 1 follows the existing site plan of Palmer's Restaurant and accommodates the existing porte-cochere, building, and parking. This property line configuration does not conflict with the proposed office buildings, proposed parking, and driveways for the office buildings. Reciprocal access and parking easements for shared parking and access between all parcels have been identified on the plans and are included in the recommended Conditions of Approval which will require the P:\Reports - PC\20084-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf applicant to record a reciprocal access and parking agreement to run with the land in a form and content satisfactory to the City Attorney. This reciprocal access and parking agreement is in the same form as the previous Village Use Permit condition proposed in April of 2006. Office Buildings Proposal The applicant is proposing to construct two, 20 foot 6 inch high, single story, 7,045 square foot commercial office buildings within the existing 4.97± acre Palmer's Restaurant site (Attachment 2). The desert -contemporary buildings, referred to as "A" and "B," have been designed to be consistent with the existing Palmer's Restaurant. The buildings themselves are identical in architectural details and materials and are mirrored floor plans to one another. The major difference between the two buildings is the reversed location of the shared restrooms and individual tenant entrances. Mechanical equipment will be located on the rooftop, screened from view within a 5 foot sunken well. Both buildings will overlook existing golf-themed landscaping features associated with the Arnold Palmer's Restaurant, though the existing golf feature at the corner of Avenue 52 and Desert Club Drive will be revised with a reduction in size. Exterior building finish will consist of cement plaster with a smooth finish complimented by a stack stone facade which, although not identical, is consistent with the existing restaurant. Portions of the roof overhang will feature stained timbers, designed to match the existing timbers of Palmer's Restaurant. Roofing material will consist of mission -style boosted clay tile. Outdoor lighting fixtures placed on the building will consist of lantern -type fixtures outfitted with a bulb refractor and consistent with the existing restaurant. The applicant has proposed constructing underground stormwater retention chambers placed underneath the parking area. Public Works has reviewed but not approved the final hydrology design, but does not foresee a conflict between the proposed underground retention and the proposed site plan. Setback, Height, and Bulk Regulations The proposed building will meet the Village Commercial District's development standards. The general roofline of both buildings will be 19 feet in height, with the placement of a 6 foot deep center well for HVAC equipment. The roof peaks at the ends of each building will measure 20 feet 6 inches in height. Building A faces the southwestern corner of the project site, generally 105 feet away from the corner of Desert Club Drive and Avenue 52. A 6 inch setback is identified at Building A's closest point to the Desert Club Drive right-of-way, though this west face of the building is not parallel to the street and the setback varies to 6 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf feet due to the building's undulation. Along Avenue 52 the building is 20 feet at its closest point from the right of way, complying with the 20 foot landscaping setback required along this street frontage. The tenant entrances to Building A will be from the interior parking area generally facing northeast. The edge of Palmer's porte-cochere is approximately 75 feet from the closest point of proposed office Building A. The exterior face of Palmer's Restaurant is located approximately 112 feet away from Building A. The existing Palmer's Restaurant is 22 feet in height and has a small second story at the southwest corner used for offices and storage. On the eastern portion -of the site, Building B is located 23 feet from Avenue 52 at its closest point. Building B is about 75 feet at its closest point to the existing restaurant and will share a view of the existing golf putting green landscaping feature behind the restaurant. There is an existing landscaped berm along Avenue 52 which screens the rear of the restaurant and will screen a portion of the proposed Building B. The tenant entrances to Building Bare on the north face of the building, adjacent to the existing parking lot. In regards to the relationship to the surrounding properties, the two existing Vista De Montana buildings across the street along Calle Amigo and Desert Club Drive are 34 feet 6 inches at their highest point with setbacks of 5 to 10 feet from the right of way. Plaza De Barcelona, also across from Palmer's Restaurant on Desert Club Drive, has a 2 foot setback from the right-of-way and a roofline 29 feet in height with an architectural cupola at the corner measuring 32 feet in height. The proposed Palmer's offices are architecturally similar to the nearby Vista De Montana buildings in that they have a similar facade and comparable use of stone veneer. Landscaping Proposal A water -efficient but compatible landscaping theme will be applied around the perimeter of the proposed office buildings. The noted putting green and sand trap features at the corner of Desert Club and Avenue 52 will be retained but redesigned and reduced in size. Building B will share the existing golf landscaping feature opposite from the restaurant's existing patio area. The landscaping plans have identified flagstone pedestrian paths and bench seating outside both buildings. The applicants have identified California Pepper Trees, California Fan Palms, Date Palms, Palo Verdes, Acacia Palo Blancos, and Heritage Live Oaks for the proposed tree species. Shrubs include Bougainvilleas, Desert Spoons, Agaves, Red Yuccas, Pineapple Guavas, and Dwarf Oleanders, among others. Decomposed granite has been proposed for ground cover along the buildings' exterior. All existing landscaped areas which will remain "as is" have not been identified on the landscaping plans. With the addition of the two office buildings, the amount of turf will be reduced and overall water consumption will decrease. PAReports - M2008\4-22-OS\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf Parking Management Program The existing Arnold Palmer's Restaurant currently has 152 parking spaces, exceeding their required parking count by 28 parking spaces. With the two office buildings the applicants have proposed a reconfiguration of the parking area, providing a total of 176 parking spaces. With Buildings A and B calculated for general office use, 180 parking spaces are required under the Parking Ordinance to accommodate both the proposed office buildings and the restaurant. Additional parking would be required if any of the proposed office building space were to be used for medical offices. As per LQMC section 9.150.060, thirty percent of the required spaces are to be covered by a trellis or carport structure. The applicants have proposed placing two of the required carports at the center of the existing parking lot, due to current ADA regulations requiring access, rather than at the rear of the site. The applicants are proposing a minimalist styled carport structure painted consistent with the buildings. ANALYSIS: Previous concerns with the original application for the office building focused on mass, scale, and height. Area residents had concerns that the original two-story office building was out of scale with the adjacent neighborhood and was placed too close to Desert Club Drive. With this dual -building, single story proposal, these aspects of the project are not anticipated to be an issue. While the proposed office buildings' architecture has been well designed and readily meets the Village Design Guidelines, it should be noted that the submitted proposal approximates, rather than replicates, the architecture and design of the existing Palmer's Restaurant. The existing stone veneer on the restaurant is more of a random pattern with larger pieces rather than the horizontal flat -stone pattern identified on the proposed buildings. The proposed tile roofing and building materials' aesthetic compatibility was considered by the ALRC and recommended for approval. The proposed site plan will provide 176 parking spaces, 4 spaces short of the required amount for combined restaurant and general office uses. As the Village Commercial Ordinance allows some variation to the parking requirement, and the fact that Palmer's Restaurant is closed during the day when the offices would be in use, the applicants have identified a reciprocal parking and access easement on the parcel map and agreed to enter into a shared day/night parking program. The recommended parking program, as conditioned for both Tentative Parcel Map 35900 and the Village Use Permit, would require a covenant to be put into a PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf recordable instrument and recorded on the title to the property prior to approval of the final tentative map or final occupancy of the buildings if no map is ever recorded. Parcels 2 and 3 would be limited to general office and medical uses during weekday daytime operations when the restaurant is closed. Parcel 1, the existing restaurant, would be limited to standard evening and weekend operations. Should the restaurant wish to open for lunch in the future, a revised parking management program has been recommended in the conditions of approval. Updated traffic and parking studies would be required for submittal with the option of forwarding the request to the Planning Commission. Additional parking and a deceleration lane to accommodate the additional trip counts entering the site from Avenue 52 may be deemed necessary by the required traffic and parking studies. With the Director's approval, the recorded covenants could then be modified to permit lunchtime operations. As the restaurant does not experience substantial business activity until after 5pm, a conflict between vehicles entering and exiting the site is not anticipated. Should future parking issues arise, the valet parking system can be re-evaluated in order to better accommodate the proposed office buildings and to better manage the exchange of vehicles at the end of the business day. With its trademark golf feature at the corner of Avenue 52 and Desert Club Drive, Palmer's has become something of a landmark in La Quinta. The applicant proposes to reduce the size of this golf feature but attempt to retain the same design and character. The conceptual landscaping plans identify an area about the size of a putting green but do not identify sand traps. Although the total landscaped area of the site will be reduced and replaced with more water -efficient groundcover, staff finds the proposed conceptual landscaping to be compatible with the existing golf course -style landscaping. Staff and the ALRC will review the final design of this golf feature and all landscaping replaced around the proposed buildings with the final landscaping plans. Architecture and Landscape Review Committee (ALRC) Action: On February 6, 2008, the ALRC reviewed the project landscaping and building architecture (Attachment 3). The Committee discussed the project's relationship to the Village Design Guidelines, pedestrian walkability, and questioned the applicant about integrating features like park benches into the site plan. Following a staff report and discussion, the ALRC recommended the following provisions: 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 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. 2. All air conditioning/mechanical equipment shall be completely screened from view within the rooftop well. 3. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be fitted with a visor if deemed necessary by staff. 4. The design of the carports shall be submitted to, and approved by, the Planning Director and shall be consistent with the design elements of the existing restaurant and proposed office buildings. On a 3-0 vote, the ALRC adopted Minute Motion 2008-009, recommending approval of the proposed project subject to the above provisions. PUBLIC NOTICE AND COMMENT: This case was advertised in the Desert Sun newspaper on April 11, 2008. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. Staff transmitted the applicant's request to all responsible public agencies. Three residents who requested special notification were emailed hearing notices and staff reports. No comments from the adjacent residents or other members of the public have been received as of this report's preparation. Any comments from public agencies have been included in the recommended conditions of approval. STATEMENT OF MANDATORY FINDINGS: Based on the provisions of the General Plan, Zoning Code, and the Village at La Quinta Design Guidelines, findings necessary to approve this proposal can be made as noted in the attached Resolutions to be adopted for the project. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf RECOMMENDATION: 1. Adopt Planning Commission Resolution 2008-_, granting approval of Tentative Parcel Map 35900; and, 2. Adopt Planning Commission Resolution 2008-_, granting approval of Village Use Permit 2007-039, subject to conditions as recommended by staff. Transmitted by: A ew J. Mogensen Principal Planner Attachments: 1. Tentative Parcel Map 35900 2. Architectural Packet* 3. Minutes of the February 6, 2008 ALRC meeting * A materials board will be available for viewing at the Planning Commission meeting. PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ±4.97 ACRES INTO THREE COMMERCIAL PARCELS CASE NO.: TENTATIVE PARCEL MAP 35900 APPLICANT: DAVID CHAPMAN INVESTMENTS LLC WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 22nd day of April, 2008, hold a duly noticed Public Hearing to consider the request of David Chapman Investments LLC., for the subdivision of ±4.97 acres into three commercial parcels, located in the Village Commercial District at the northeast corner of Desert Club Drive and Avenue 52 more particularly described as: LOT 90 OF TR. 28470-1 AND LOTS 2, 3, AND 4, BLOCK 2, OF DESERT CLUB DRIVE TRACT UNIT NO.1, SOUTH HALF OF SECTION 6, T6S R7E, S.B.M WHEREAS, said Tentative Parcel Map 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 Planning Department has determined that the proposed Tentative Parcel Map is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 11 `h day of April, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 35900: Finding A — The proposed map is consistent with the City of La Quinta General Plan and Zoning Code. The property is designated Village Commercial which allows a variety of uses including office commercial and general business. The Land Use Element of the General Plan encourages commercial developments throughout the City. This PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\Reso TPM 35900.DOC Planning Commission Resolution 2008- Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 project is consistent with the goals, policies and intent of the La Quinta General Plan. All plans for buildings will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B - The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan and any applicable specific plans. Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Accommodations for on -site stormwater retention shall be provided both above and below ground. The proposed map is not located within the area of any approved specific plan. Finding C - The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The La Quinta Planning Department has determined that this subdivision is exempt from an Environmental Assessment pursuant to the criteria as listed in Section 15315 of the Guidelines to the California Environmental Quality Act, as the project is located within an existing urban in -fill parcel of less than five acres. Finding D - The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 13.24.100 of the Subdivision Ordinance. As conditioned, the design of the proposed subdivision and future improvements will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed parcel map since legal access is provided from Desert Club Drive and Avenue 52. Utility and access easements have been provided for, or are required in the subdivision design. Finding E - The design of the subdivision is consistent with the Village Design Guidelines. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Reso TPM 35900.DOC Planning Commission Resolution 2008- Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 As conditioned, the design of the subdivision is in accord with the development standards of the Village Commercial District. The project has provided adequate pedestrian and vehicular access and the layout of the site has been designed so as to provide a safe, organized, and accessible path of travel. Finding F - The site is suitable for the development of the project. As conditioned, the proposed design of the subdivision is physically compatible with the site with regard to level topography for the type of land use designation and development of the subject property, and in consideration of existing commercial and residential development in the surrounding area. All three parcels have shared parking and access to each other and a public right-of-way. Finding G - The design of the subdivision or type of improvements are not likely to cause serious public health problems. As conditioned, the proposed subdivision will not result in any increased hazard or create conditions materially detrimental to public health, safety, or welfare, as the design has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, with none identified. Finding H - The project has adequate parking and shared access with the parking management plan. The applicant has identified a reciprocal access and parking easement agreement which commits in perpetuity that Parcels 1, 2, and 3 have reciprocal access and parking easements and a restrictive covenant recorded on the title of each property to ensure that City Parking requirements are complied with during the life of the projects. Based upon these conditions, the Planning Commission finds that the project complies with all required City parking requirements. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 1. That the Planning Commission does hereby approve Tentative Parcel Map 35900 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Reso TPM 35900.DOC Planning Commission Resolution 2008- Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22nd day of April, 2008, 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 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Reso TPM 35900.DOC PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TWO 7,045 SQUARE FOOT OFFICE BUILDINGS WITHIN THE VILLAGE COMMERCIAL DISTRICT CASE NO.: VILLAGE USE PERMIT 2007-039 APPLICANT: PREST VUKSIC ARCHITECTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22nd day of April, 2008, hold a duly noticed Public Hearing to consider the request of Prest Vuksic Architects for a Village Use Permit to allow the construction of landscaping and architecture for two 7,045 square foot office buildings on the northeast corner of Avenue 52 and Desert Club Drive more particularly described as: LOT 90 OF TR. 28470-1 AND LOTS 2, 3, AND 4, BLOCK 2, OF DESERT CLUB DRIVE TRACT UNIT NO.1, SOUTH HALF OF SECTION 6, T6S R7E, S.B.M 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 Planning Department has determined that the proposed Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 1 'It' day of April, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Village Use Permit: Finding A - Consistency with the General Plan: The proposed Village Use Permit is consistent with the General Plan, in that the proposed general office uses are permitted in the General Plan for within the Village Commercial land use designation. The property is designated Village Commercial which allows a variety of uses including office commercial and general business. The Land Use Element of the General Plan encourages commercial developments throughout the Planning Commission Resolution 2007- Village Use Permit 2007-039 Arnold Palmers Office Buildings Adopted: April 22, 2008 City. This project is consistent with the goals, policies and intent of the La Quinta General Plan. Finding B - Consistency with the Zoning Code: The proposed Village Use Permit is consistent with the requirements of the Zoning Code, in that it will provide uses consistent with those permitted in the Village Commercial district, and meets the development standards of this district. All plans for buildings will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding C - Compliance with the California Environmental Quality Act_ 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, and a Notice of Exemption will be filed. Finding D - Public Health, Safety, and Welfare: Approval of the proposed Village Use Permit will not create conditions materially neither 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, Low Density Residential, and Medium Density Residential districts. The project will not contribute to a decline of the existing health and safety conditions and has been designed and conditioned to provide safe and adequate paths of travel, appropriate safety and security lighting, and protect and retain on -site stormwater. The project has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, with none identified. Finding E - Architectural Design: The architectural design aspects of the proposed Village Use Permit, including, but not limited to architectural style, scale, building mass, building height, materials, colors, architectural detailing, roof style and other elements are compatible with surrounding development, and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality found in the City in that it incorporates a desert modern theme with architectural features such as clay tile, decorative pavers, Planning Commission Resolution 2007- Village Use Permit 2007-039 Arnold Palmers Office Buildings Adopted: April 22, 2008 stone fagades, and stucco painted with a desert compatible palate. Finding F - Site Design: The site design aspects of the proposed Village Use Permit, including, but not limited to project entries, parking provisions, interior circulation, vehicular access, pedestrian and bicycle access, pedestrian amenities, screening, outdoor lighting, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall quality of design found in the City. The proposed project is suitable for the proposed site as designed in that adequate provisions have been made such as rooftop utility wells to screen mechanical equipment, pedestrian connectivity between buildings, landscaping to screen undesirable views, and sufficient vehicular circulation to access and accommodate the intended uses. Finding G - Landscaping Design (Water -Efficient Landscaping): The project landscaping for the proposed Village Use Permit including, but not limited to location, size, type and coverage of plant materials, has been designed to provide visual relief, unify and enhance visual continuity of the site with the surrounding developments, compliment the project and existing restaurant, improve water efficiency, and be consistent with the concepts in the Village at La Quinta Design Guidelines. Finding H - Suitability of the Parking Management Program: With the conditions of approval for the shared parking and access easement agreement and recorded covenant for the shared day -night use of the facility between the office buildings and restaurant, the proposed Village Use Permit will not result in a significant impact on parking and traffic within the project site or the surrounding area. 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 hereby approve Village Use Permit 2007-039 for the reasons set forth in this Resolution and subject to the attached conditions of approval. Planning Commission Resolution 2007- Village Use Permit 2007-039 Arnold Palmers Office Buildings Adopted: April 22, 2008 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this the 22nd day of April, 2008 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 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 35900 DAVID CHAPMAN INVESTMENTS APRIL 22, 2008 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with Village Use Permits 00-004 and 07-039, the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Parcel Map shall expire on April 23, 2010, two years after Planning Commission approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 • 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. 5. The applicant shall comply with applicable provisions of 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 disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial, 110' ROW) — No additional right of way is required from standard 55 feet from the centerline of Avenue 52 for a total 110-foot ultimate developed right of way. Additional right of way may be required for deceleration lane/s in the future should there be an expansion of use, determined by a traffic study prepared for the applicant by a licensed traffic engineer as per Engineering Bulletin # 06-13. 2) Desert Club Drive (Local Street, 60' ROW) - No additional right of way is 'required from standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 11. Dedications shall include additional widths as necessary for dedicated right (deceleration), bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights -of -way, 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: A. Avenue 52 (Primary Arterial Type A) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Avenue 52 and Desert Club Drive from lots on this Parcel Map is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final Parcel map. 16. 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. P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 PARKING AND ACCESS EASEMENTS 17. The applicant shall provide for reciprocal access with all parcel owners within this parcel map across all access drives and parking aisles and stalls. 18. The applicant and property owner shall submit for review and approval by the City Attorney and Planning Director, the following covenants, which the applicant shall put into a recordable instrument and record on title to the property prior to approval of the final tentative map. These limitations shall be designated on the approved Final Parcel Map 35900 and shall run with the land and bind successive owners and assigns: A. Parcels 2 and 3 are limited to general professional and medical office uses that are open during normal daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. B. Parcel 1 is limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. 19. Any future modification to the operational covenants or shared parking and access easements shall require the applicant to submit a parking and traffic study identifying and demonstrating that sufficient parking and access is available for such increased use. The Planning Director shall approve the modifications prior to recording and have the discretion to defer approval to the Planning Commission. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker and acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 IMPROVEMENT PLANS 22. As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 23. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 24. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading/Storm Drain Plan 1 " = 30' Horizontal (at the discretion of the City Engineer, a Scale of 1 " = 20' shall be provided) B. On -Site Sewer and Water Plan 1 " = 30' Horizontal C. PM10 Plan 1" = 40' Horizontal D. SWPPP 1" = 40' Horizontal E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal NOTE: A through E to be submitted concurrently. F. Off -Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal and 1 " = 4' Vertical 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. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Precise Grading Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "On Site Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On Site 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. 25. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of the mylars of all improvement plans acceptable to the City Engineer. 27. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 FOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 28. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 29. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 30. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 31. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Parcel map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete all Off -Site Improvements prior to the City providing the Certificate of Occupancy for any building completion. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 32. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. PRECISE GRADING 33. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 34. 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. 35. 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 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. 1 PoReports - PC\2008\4-22-08NPalmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 36. 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. 37. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 38. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 39. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 40. Prior to any site grading or regrading that will raise or lower any portion of the P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 41. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 42. Stormwater handling shall conform to the approved hydrology and drainage report for Tract No. 28470-1 Lot 90. Nuisance water shall be retained on site disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 43. 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, storm water 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 the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. It should be noted that the current preliminary hydrology report did not comply with the Engineering Bulletin No. 06-16 stated above. The retention basin is currently under redesign. 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 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 45. 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 and as approved by the City Engineer. 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. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 48. 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. 49. Storm water 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). 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 51. 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. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 UTILITIES 53. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 54. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 55. 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. STREET AND TRAFFIC IMPROVEMENTS 56. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 57. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 52 (Primary Arterial; 1 10' R/W): No additional widening is necessary of the existing 43 feet from the centerline of Avenue 52 to the face of curb. The 8" curb face shall be located forty three feet (43') north of the centerline. a) A deceleration/right turn only lane at Avenue 52 Primary P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 Entries may be required for any future expansion of use if determined by a traffic study, prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. The traffic study shall include all buildings (preexisting restaurant and proposed office buildings) as shown on the Tentative Parcel Map 35900. Other improvements in the Avenue 52 right-of-way and/or adjacent landscape setback area may include: b) All appurtenant components such as, but not limited to: strip traffic control striping, restriping Class II Bike Lane, legends, and signs. c) Class I Golf Cart Path as needed. 58. 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: Local Streets 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials approved by the City Engineer. 59. 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. 60. General access points and turning movements of traffic are limited to the following: P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 A. Avenue 52 1) Existing drive entrance to Restaurant. Right turn in and out movements are permitted. Left in and out are not permitted. 2) Existing easterly drive entrance (may be relocated +/- 70 feet east). Right turn in and out is permitted; however, left turn in and out is prohibited. B. Desert Club Drive 1) Primary Entry: Full turn movements are permitted. The applicant shall extend improvements beyond the subdivision 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). 61. 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 62. 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. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 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 Site Development Plan site plan 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. 63. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 64. 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. 65. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 sidewalks. 66. 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. CONSTRUCTION 67. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. MAINTENANCE 68. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 69. 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 70. 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. 71. 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). P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 GFNFRAI 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "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 developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Village Use Permit shall comply with the requirements of the La Quinta Municipal Code, Village Use Permit VUP 00-004, and Tentative Parcel Map 35900. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Village Use Permit is valid for two years from the April 22, 2008 date of approval, expiring on April 23, 2010 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. Prior to the issuance of any permit by the City, the applicant shall obtain the applicable permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance for Building Permit), Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 • 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, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 0 ) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 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. PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 7. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas. 8. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial, 1 10' ROW) — No additional right of way is required from standard 55 feet from the centerline of P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 Avenue 52 for a total 110-foot ultimate developed right of way. Future additional right of way may be required for deceleration lane/s if necessary due to a future expansion of use, to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13.The traffic study shall include all buildings (preexisting restaurant and proposed office buildings) as shown on the Tentative Parcel Map 35900. 2) Desert Club Drive (Local Street, 60' ROW) - No additional right of way is required from standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 9. 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. 10. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, and as applicable under Tentative Parcel Map No. 35900, unless such easements are approved by the City Engineer. 11. The applicant shall create perimeter landscaped setbacks along all public rights - of -way as follows: a. Avenue 52 (Primary Arterial) — 20 feet from the right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, reminder parcels, right-of-way reversions, 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. 12. The applicant shall provide for reciprocal access with all parcel owners within this Village Use Permit across all access drives and parking aisles and stalls. P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 13. The applicant and property owner shall submit for review and approval by the City Attorney and Planning Director, the following covenant, which the applicant shall put into a recordable instrument and record on title to the property prior to approval of final occupancy for any building in the event that Parcel Map 35900 is not recorded. These limitations shall run with the land and bind successive owners and assigns: A. Buildings A and B are limited to general professional and medical office uses that are open during normal daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. B. Parcel 1 is limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. 14. Any future modification to the operational covenants shall require the applicant to submit a parking and traffic study identifying and demonstrating that sufficient parking and access is available for such increased use. The Planning Director shall approve the modifications prior to recording and have the discretion to defer approval to the Planning Commission. 15. Uses other than general offices and medical offices are not permitted within the proposed office buildings. Any proposed tenant uses which require interpretation shall be reviewed and approved by the Planning Director. 16. The applicant shall comply with all Parking Lots and Access Driveway Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. IMPROVEMENT PLANS 17. 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. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDEI VILLAGE USE PERMIT 2007-039 PRIEST VUKSIC ARCHITECTS APRIL 22, 2008 19. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading/Storm Drain Plan 1 " = 30' Horizontal (at the discretion of the City Engineer, a Scale of 1" = 20' shall be provided) B. On -Site Sewer and Water Plan 1 " = 30' Horizontal C. PM10 Plan 1" = 40' Horizontal D. SWPPP 1" = 40' Horizontal E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal NOTE: A through E to be submitted concurrently. F. Off -Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal and 1" = 4' Vertical 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. Precise grading plans shall include perimeter walls with Top of Wall, Top of footing, and finish grade (both sides of wall) elevations shown. All footing shall have a minimum of 1 foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility. The assessment must comply with P:\Reports - P02008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted t the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall 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 accessible design. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 21. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements, LQMC. 23. The applicant shall comply with all grading improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 24. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a precise grading permit approved by the City Engineer. 25. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 26. 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. 27. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. DRAINAGE 28. The applicant shall comply with all drainage improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 29. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. UTILITIES 30. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 LQMC. 31. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 32. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 33. 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. STREET AND TRAFFIC IMPROVEMENTS 34. The applicant shall comply with all Street and Traffic Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 35. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 36. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS a) A deceleration/right turn only lane at Avenue 52 Primary Entries may be necessary in the event of any future expansion of use, if determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. The traffic study shall include all buildings (preexisting restaurant and proposed office P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 buildings) as shown on the Tentative Parcel Map 35900. Other improvements in the Avenue 52 right-of-way and/or adjacent landscape setback area may include: b) All appurtenant components such as, but not limited to: strip traffic control striping, re -striping Class II Bike Lane, legends, and signs. c) Class I Golf Cart Path as needed. 37. 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: Local Streets 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. Or the City Engineer approved equivalents of alternate materials. 38. 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. 39. General access points and turning movements of traffic are limited to the following: A. Avenue 52 Existing drive entrance to Restaurant. Right turn in and out movements are permitted. Left in and out are not permitted. Existing easterly drive entrance (may be relocated +/- 70 feet east). Right turn in and out are permitted; however, left turns in and out are P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 prohibited. B. Desert Club Drive 1) Primary Entry: Full turn movements are permitted. The applicant shall extend improvements beyond the subdivision 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). 40. 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. LANDSCAPE AND IRRIGATION 41. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), & Section 8.13 (Water -Efficient Landscaping), LQMC. 42. The applicant shall provide landscaping in the required setbacks and perimeter areas. 43. Landscape and irrigation plans for landscaped lots, perimeter areas and setbacks shall be signed and stamped by a licensed landscape architect. 44. 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, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code and the Coachella Valley Water District's Landscaping and Irrigation Design Ordinance. 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 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 requirements of the Planning Director. Note: Final landscaping plans are not approved for construction until approved and signed by the Planning Director. 45. Landscape areas shall have permanent irrigation improvements meeting the requirements of Section 8.13 LQMC. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 46. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 47. Mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient height and/or density to fully screen such equipment. Final design of all screening shall be reviewed and approved by the Planning Director. 48. 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. OUTDOOR LIGHTING 49. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be re -fitted with a visor if deemed necessary by staff. 50. All outdoor lighting fixtures shall be fitted with a visor or shield to reflect lighting away from adjacent residences. Final outdoor lighting design shall be reviewed and approved by the Planning Director. CONSTRUCTION 51. The City will conduct final inspections of buildings only when the buildings have P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include but not limited too required traffic control devices, pavement markings and street name signs. If Onsite Street and/or parking construction in commercial development is initially constructed with partial pavement thickness, the applicant shall complete the final pavement prior to final inspections of the building/s within the development or when directed by the City, whichever comes first. 52. All rooftop air conditioning/mechanical equipment shall be completely screened from view within the rooftop well. 53. The design of the carports shall be submitted to, and approved by, the Planning Director and shall be consistent with the design elements of the restaurant and office buildings. MAINTENANCE The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 54. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 55. 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 56. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. FIRE PROTECTION 57. Provide or show there exists a water system capable of delivering a fire flow 4000 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 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 the construction site. 58. Approved accessible on -site fire hydrants shall be located not to exceed 500 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 access roads measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 600 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 59. 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. 60. 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. 61. 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. 62. Fire Apparatus access road shall be in compliance with the Riverside County Fire 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. 63. 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. 64. 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 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 the appropriate lane printing and/or signs. 65. 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. 66. 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. 67, Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 68. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group 1, 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. 69. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every P:\Reports - P02008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 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. 70. 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. 71. 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. 72. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 73. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 74. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 75. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CIVIC 609.0 76. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. Special forms are available from this office for ordering the Key Switch. POLICE DEPARTMENT 77. The applicant shall provide a fence with locked gate to store all building materials during construction. This area shall be shown on the Fugitive Dust PdReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 Control Plan. P:\Reports-PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Recommended.doc ATTACHMENT #3 Architecture and Landscaping Review Committee February 6, 2008 C. Village Use Permit 2007-039; a request of Prest Vuksic Architects for David Chapman for consideration of architecture and landscaping plans for two 7,045 square foot single -story office buildings located at the northeast corner of Avenue 52 and Desert Club Drive. 1. Principal Planner Andrew Mogensen presented the information contained in. the staff report, a copy of which is on file in the Planning Department. 2. Committee Member Fitzpatrick asked about the Village Guidelines. He said a two-story building was proposed before and the community objected to it. He asked if they needed to go back to the community to see if they have any objections. Staff said they had a neighborhood meeting and there have been no objections by the community. 3. Committee Member Fitzpatrick had questions about the parking spaces. Staff explained the parking plan which would not have a conflict with the offices because the restaurant did not serve lunch and the offices were closed at night. 4. Committee Member Fitzpatrick asked if the covered spaces addressed the 30% covered parking spaces requirement. Staff defined what was involved in the 30%. 5. Committee Member Fitzpatrick asked if any of the spaces included disabled spaces. Staff said those would be included under the carports. 6. Committee Member Fitzpatrick asked if staff had any concerns about the turf requirements. Staff said they would not be adding turf, but removing some. 7. Committee Member Fitzpatrick asked about southern exposures. Staff said there are three foot overhangs to accommodate the southern exposures. 8. Committee Member Fitzpatrick asked if there were rental spaces. Staff said they would be tenant spaces. 9. Committee Member Fitzpatrick asked about the amount of restroom facilities. Staff explained how additional facilities may be added as tenant improvements when spaces where rented. Architecture and Landscaping Review Committee February 6, 2008 10. Committee Member Fitzpatrick asked if the design was consistent with Village Guidelines. He said the buildings should be people friendly and he did not see any of the amenities mentioned in the Guidelines. Staff said the project does provide for some walkability but had to take into consideration it is along Avenue 52. 11. Committee Member Fitzpatrick asked if the City was going to waive the walkability requirement. Staff replied it was not a requirement, just a suggestion. 12. Committee Member Fitzpatrick asked if this was a pedestrian - friendly site. The landscape architects, Dave Munday and Ron Burger with RGA Landscaping, were introduced and pointed out the random flagstone pathways which would invite the public in and were accessible from the public sidewalk. The setting is informal desertscape but designed to be pedestrian friendly. The public sidewalks feed right into the development. He then stepped forward and explained the plans to the Committee Members. 13. Committee Member Fitzpatrick said that appeared to meet with the Village Guidelines criteria. He asked if the sand traps qualified as a landmark. Staff said they were not officially designated landmarks. 14. Committee Member Bobbitt said he was on the Committee for when the first buildings were proposed and had a very difficult time with denial of the project because of the height of the buildings across the street. He does like the restaurant and the theme. He did receive some comments from the City Council after they approved the original two-story building. He felt this design was much more appropriate for that location and a more than acceptable substitute for this space. 15. Committee Member Bobbitt said the building maintains the Village atmosphere. Committee Member Fitzpatrick brought up a valid point about public access. He would like to see something on this corner to invite people in such as benches, a fountain, etc. He would not feel comfortable unless there were something inviting to draw people in without distracting people working in the offices. He said he would like to see something more inviting on the corner. It had not been achieved across Architecture and Landscaping Review Committee February 6, 2008 the street in the other buildings. He suggested something subtle be designed appropriate to the Village design theme. 16. Committee Member Bobbitt had a question on the parking plan. The plan showed a new putting green in front of the building, but on the landscape plans it said existing lawn to remain. Is it going to be lawn or a new putting green? Dave Munday said the putting green would remain. Committee Member Bobbitt said it was confusing because the plans differed in what they showed. He would prefer to see some inviting landscaping such as the utilization of shade trees. He pointed out the City's use of benches in various locations. 17. Committee Member Fitzpatrick said there were some nice streetscapes in the Village. Mr. Burger said they might look into adding something low profile, but nice. 18. Committee Member Bobbitt said the plant palette had been modified to suit City needs, but had concerns about the Schinus molle (California Pepper Tree). 19. Committee Member Fitzpatrick asked if there was anything sustainable about either of these buildings. Dave Prest, Prest Vuksic, was introduced and said they were starting to do LEED projects. He said the desert presents many challenges for a LEEDS approved project, but they have been including basic energy efficient procedures in their projects. They have to deal with and meet incredible standards for Title 24. They have eight or nine overhangs, low-E glass, and other energy efficient procedures. They are trying to blend into the desertscape and their photometrics include a light standard; which is an indirect fixture so you don't see the light source at all. Staff put up the photometric plan. 20. Committee Member Fitzpatrick asked if the light fixtures utilized low energy. Mr. Prest said they were an energy -efficient light source. 21. Committee Member Fitzpatrick said he did not see any solar usage. Mr. Prest said solar is good for producing electricity and good if you can use photovoltaics. They have done projects with photovoltaics, but nothing to heat water. They are trying to reduce electricity. He used an example of a company they are working with, from Oregon, which takes natural gas which Architecture and Landscaping Review Committee February 6, 2008 in turn produces hydrogen which in turn produces electricity. He described the energy cell which is about as big as an air conditioning unit. 22. Committee Member Fitzpatrick said there was a lot of focus on water usage, but said there should .be some reflection on solar usage. Mr. Prest said these are shell buildings and they only show two bathrooms. When the spaces are rented they will put in their own tenant improvements. 23. Committee Member Fitzpatrick asked if they had prospective tenants. Mr. Prest said not at this time. 24. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Bobbitt to adopt Minute Motion 2008-009 recommending approval of Village Use Permit 2007-039 as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: A. $taff said Council approved the Water Efficiency Ordinance requiring al new projects to comply with the new CVAG W Efficiency req 'rements. In addition to that, from the dir ion of Planning Corn ission is that all water features are re ' ed to have a non- potabl water source. Committee Membe Bobbitt asked if this included II water features, such as lakes. taff replied yes. The only exception ould be if the Planning C mission approved the water feature with ut it. They would hav to work with the applicants to find a way to ind non -potable w er access for their water features. Committee Me er Bobbitt as ed about the canal. Staff said the canal is available Committ Member Bobbitt commented on the CVWD's use of ru ing a recyclable pipeline and its availability. Staff wanted to bring t the Committee's attention to let them know water features woul not be using what has become a rare commodity. Commi ee mber Arnold asked if this applied to new projects only. Staf replied s. B. Staff said the fanning Commis ' n recommended, and the Council approved a 5 % maximum amount turf. It is now part of the City's Water Effi ency Code Provisions o Title 8. Committee Memberfin Arnold a ed for clarification of the de' ion of the 50%. Staff said it was/ 50% of the entire site. Committee Member Fitzpatrick