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2008 05 27 PC°4 City of La Quinta Planning Commission Agendas are now q available on the City's Web Page CF' OF'I'9� @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calls Tampico La Quinta, California MAY 27, 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 2008-015 Beginning Minute Motion 2008-011 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 22, 2008. V. PUBLIC HEARINGS: For ail 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 .................... Village Use Permit 2005-032, Extension No. 1 Applicant ............. Nispero Properties, Inc. Location .............. Northwest corner of Avenida La Fonda and Main Street Request ............... Consideration of a One -Year Time Extension for Construction of a ± 19,433 Square Foot Two -Story Office Building, Located in the La Quinta Village. Action ................ Resolution 2008-_. B. Item .................... Sign Application 2003-735, Amendment No. 3 Applicant ............. PD Sign Company for La Quinta Valley Plaza Location .............. North Side of Highway 111 Between Approximately 100 feet from Dune Palms Road Request ............... Consideration of a Sign Program Amendment for Permanent Business Signage for La Quinta Valley Plaza. Action ................ Minute Motion 2008 . C. Item .................... Environmental Impact Report 2005-560 and Tentative Tract Map 33848 Applicant ............. David Maman Designs Location .............. South Side of Avenue 58, Approximately 510 feet West of Monroe Street Request ............... Consideration of a Draft Environmental Impact Report (SCH#2007021060) and Subdivision of 4.8± Acres into 12 Single -Family Residential and Miscellaneous Lots. Action ................ Resolution 2008-_, and Resolution 2008- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of May 6, 2008. B. Discussion regarding Commission summer meeting schedule. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on June 10, 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, May 27, 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, May 23, 2008. DATED: May 23, 2008 r i &A CAROLY 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 22, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who led the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. Absent: None. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Andy Mogensen, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: Mr. Matthew V. Johnson, 45-445 Portola Avenue, Suite 5, Palm Desert spoke about the fact that he, and his neighbors, would like to see a gas station at Avenue 60 and Jefferson Street. 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 April 8, 2008. There being none, it was moved and seconded by Commissioners Quill/Wilkinson to approve the minutes as submitted. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Vice Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: Commissioner Barrows. P:\Reports - PC\2008\5-27-08\PC Minutes 422-08.doc Planning Commission Minutes April 22, 2008 VI. PUBLIC HEARINGS: A. Tentative Parcel Map 35900 and Village Use Permit 2007-039; a request of Prest Vuksic Architects for consideration of 1) the Subdivision of one parcel into three parcels and, 2) Architecture and Landscaping Plans for two 7,045 square foot, single -story office buildings located on the northeast corner of Avenue 52 and Desert Club Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if there were more parking spaces included in this application than the previous one. Principal Planner Mogensen said yes. He stated the applicant has agreed to a shared parking agreement with a Covenant. They were only four spaces short of the spaces required by the Municipal Code if the restaurant and offices were open at the same time. Because they are so closeto the minimum required, Staff has agreed to bath office and medical buildings if they have a shared use with a covenant. The restaurant would be permitted to be open during the evening and the office use would be limited to daytime hours only. If the applicants want to add lunchtime operations, at the restaurant, the Conditions of Approval states they would have to come back with a parking study stating those operations would not create a parking problem. The Planning Director would then have to approve the change in order to remove the Covenant. Chairman Alderson asked if the Planning Commission would have an opportunity to review it. Staff said if the Planning Director deemed it was necessary. Currently the applicant is only planning for general office use, not medical. Commissioner Quill asked if this was reciprocal parking for the two uses. Staff replied Building A had its own small parking area, which accommodated the weekday operations for offices. Commissioner Barrows noted comments made by the Architecture and Landscaping Review Committee (ALRC) regarding the desert -friendly landscaping; specifically the bench areas. Staff replied the landscaping 2 Planning Commission Minutes April 22, 2008 plans showed those benches as well as a flat stone walkway. Staff added if you were to walk in from Desert Club Drive there would be some seating outside of the restaurant. Commissioner Barrows said the ALRC asked about walkability and the use of the Village Design Guidelines. She wanted to know if this project met those guidelines. Staff said the features were consistent with the Guidelines. Chairman Alderson asked what a "minimalist" parking structure was. Principal Planner Mogensen said it consisted of a flat roof and no special design features. Chairman Alderson asked if the buildings matched the existing structures. Staff said there was currently no office usage, only the Arnold Palmer Restaurant which had some similar design features. Chairman Alderson asked if the office buildings were mirror images. Staff replied they were very similar, essentially having mirror image layouts. Chairman Alderson asked what the additional parking requirements would be if the applicant wanted to use these buildings as medical offices. Staff was unsure what the requirements would be if both buildings were designated as medical offices. Staff said the medical office parking requirement is based on a slightly higher square footage ratio than general office, but it would not be a substantial increase because the office buildings were not very large. There could be an additional ten or fifteen spaces required. Chairman Alderson asked about the traffic study and asked if the layout was going to be reconfigured to accommodate parking and the movement of traffic. Staff said it could be reconfigured. Chairman Alderson said a deceleration lane might be required if the restaurant opened for lunch. Staff said the threshold, for Public Works' deceleration lane requirement, would be 50 trips per hour. That was why the studies were being required in advance of the uses, in order to give the applicant a yes or no answer on the lane requirement. The calculations had not been done yet. Chairman Alderson asked if the new landscape was to be done in a desert landscape motif, was the applicant going to replace the current 3 Planning Commission Minutes April 22, 2008 landscape in kind. Staff replied most of the landscape was currently in turf, but much of the area would be changed to desert landscaping. Chairman Alderson suggested when the turf was being replaced the applicant might consider using artificial turf. Staff said it had not been discussed as the turf would not be replaced. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. David Prest of Prest-Vuksic Architects, 44-630 San Pablo Avenue, Suite 200, Palm Desert, introduced himself and said he was available to answer any questions. Commissioner Quill complimented Mr. Prest on addressing every issue of concern from the previous submittal and the building and facility were very good looking. Commissioner Barrows referenced comments from the ALRC about the use of deep eaves in dealing with the issue of heat retention on the west and south sides of the buildings. She went on to say she was concerned about the reduction of turf and didn't see any reason to retain the small patch of grass. She suggested it would be better to eliminate that portion of turf in favor of more trees to help shield the buildings. Even with the eaves it will get pretty hot in the afternoon. Mr, Prest replied the overhang was fairly deep and the south side was pretty we11 protected. There was not much they could do with the west, but the proper placement of trees would help. Commissioner Barrows suggested Palo Verde be added on the west side to create some additional screening. Chairman Alderson asked Mr. Prest if he was okay with the Conditions of Approval as recommended. Mr. Prest replied he was. Chairman Alderson asked Mr. Prest if the application was approved would construction begin as quickly as possible. Mr. Prest replied it would. Commissioner Quill said the turf identified behind Building B was currently a putting green. He wanted to know if that use would remain. Mr. Prest said yes it would remain, but be downsized. He added they E Planning Commission Minutes April 22, 2008 have worked on a lot of office complexes and there usually was very little landscaping left. This complex has a lot of landscaping and you could easily maneuver around this project. Chairman Alderson asked if there would be a problem with shielding all the parking lot lights. Mr. Prest said they had already planned to do that. Chairman Alderson asked if there were any more applicant representatives/comments. There being none, he asked if there was any public comment. Mr. A.P. "Skip" Lench, 78-285 Calle Cadiz, and 78-215 Calle Cadiz, said he was representing the neighborhood of single-family homes in the area. He, and another gentleman, met with David Chapman at his home and over the phone, trying to reach a consensus with the concerns of the neighbors as well as Mr. Chapman. Mr. Lench was happy to report they Were pleased overall with the project. There were, however, still some outstanding issues: 1) When Mr. Chapman originally proposed the project he advised them a portion of the property along Desert Club Drive was zoned Village Commercial and the balance was zoned residential. At that time, the neighbors had qualms about a restaurant backing up to residential. Mr. Chapman convinced them the view could also have been blocked by large homes since single-family residences were also allowed. Several residents were upset because they agreed to a restaurant, and were now facing the addition of office buildings. 2) They met with Mr. Chapman, to come to an agreement about the addition of his buildings while the neighbors could maintain the residential feeling of their neighborhood. One of the items they agreed to was a deed restriction so there would be no further development on the property, i.e. buildings. They are requesting the Planning Commission place a deed restriction on the property preventing further development on the property. Mr. Lench stated another unresolved issue was the light shining in their back yards. Mr. Lench referenced the Architecture and Landscape Review Committee (ALRC) action, Item No. 3 of the report where it states: "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." He had concerns about the statement 5 Planning Commission Minutes April 22, 2008 "..fitted with a visor...... He said the prior Village Use Permit very specifically requested all the parking lot lighting be shielded and he wanted that condition to continue. Chairman Alderson asked if the lighting recommendations from the previous meeting requested the shielding should be on the northerly property line only. Mr. Lench said no, it was for the whole property. Mr. Lench said he was pleased to see the carports were very minimal, and said the neighbors wanted to make sure the lighting on the carports would adhere to minimalism as well. He commented briefly on where the parking structures were proposed; in the center of the parking lot as opposed to the northern boundary with the parking structure next to residences. He was pleased with the final location. He added they would like to request a deed restriction on any future development of this property. Commissioner Quill asked Council how a deed restriction would be done. Assistant City Attorney, Michael Houston said he had a couple of observations. There would be a policy issue on whether the Planning Commission would want to impose a restriction on future development. This is an issue that imposes a condition but there are some legal problems with that. The first of which would be, who would have the enforcement right should the restriction be breached. He did not know if it should be proposed that the adjacent residences have the right to remedy the situation. That could eventually cause problems should an application proceed with the City when the City would, in fact, possibly incur liability or a third party would have the right to enforce that against the City. The example being a future owner of the property. That owner could go to the Council waving a deed restriction and then the City would have a lawsuit. The other alternative would be the City would have the right to enforce the deed restriction. This may not be within the purview of the Planning Commission. Commission Quill asked if the deed restriction would be in favor of the property owners, or the City. Mr. Houston replied typically a deed restriction, under California Law, has to have properties burdened and properties benefited. So the question would be who is the property that is benefited. It also would restrict the City in the future to some degree if they decide to change the use of that property either through General Plan or Zoning Changes. The final point being there was nothing preventing the developer and the adjacent property owners to do this on their own. In California Law there is a Nexus requirement that conditions on Planning Commission Minutes April 22, 2008 imposed on a project have a rational relationship. As a practical matter if there were lien holders they would be in a senior position to foreclose on this property and that sort of provision (deed restriction) would require the consent of the senior lien holders and they would probably not want that put on the property. Commissioner Quill asked if any future development plans required the developer to come back to the City and provide the adjacent property owners with an opportunity to voice their opinions. Staff replied yes. Chairman Alderson said for all practical purposes this property would be built out. Planning Director Les Johnson said it may be at the point of full development, but redevelopment could lead to a variety of opportunities. Chairman Alderson asked Mr. Lench if he had additional questions. Mr. Lench said since there seemed to be several legal issues regarding deed restrictions perhaps staff could come up with a way so that every two or three years the neighbors didn't have to come back to deal with further disruptions in the neighborhood. He added, Mr. Chapman is cognizant of the issue and expressed a wilfingness not to intrude further upon the adjacent residences. He asked if there was a way to avoid suddenly finding out there was going to be another structure overlooking their back yards and wanted to be assured they would retain the single- family neighborhood. Chairman Alderson asked staff if any future development would be subject to Planning Commission review and public notification since it would give the neighbors an opportunity to come back and comment on the application(s). Staff replied yes, they would be afforded an opportunity to respond, through the public hearing process. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Quill said it was a good submittal and there was nothing he would change on this facility. He understood Commissioner Barrows' comments but he did like the retention of the putting green as it is a very active part of the Arnold Palmer restaurant. He was open for discussion on the turf in front of Building A. Otherwise he was pleased with what had been done to change the project. He proposed the Commission not 7 Planning Commission Minutes April 22, 2008 involve themselves in any of the deed restrictions as that should be between Mr. Chapman and the neighbors. Commissioner Barrows said she concurred with Commissioner Quill's comments and appreciated Mr. Lench's comments but didn't see any way to address his concern on the deed restriction. She suggested the turf in front be eliminated and put in artificial turf to save water usage. There is still a lot of turf on the project overall, but there is a need to get serious about water conservation. She suggested the developer could put in more trees and benches. Chairman Alderson said he supported the artificial turf issue. It was a good idea and would cut down on water usage. The only other comment he had was the occupation of the buildings. He had a problem with approving additional office buildings with surrounding buildings half vacant. This would create another situation where we have half vacant office inventory He didn't know who was going to occupy the space, but he stated in the current marketplace it is distasteful to build additional speculative office space in an area with unoccupied office space. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-013 approving Tentative Parcel Map 35900, as recommended. ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further discussion, it was moved and seconded by Commissioners QuilllBarrows to adopt Resolution 2008-014 approving Village Use Permit 2007-039, as recommended and amended: a. Add a condition stating addition of turf in front of building A, at the corner of Avenue 52 and Desert Club Drive either be replaced with another appropriate landscape or an artificial turf -type of application with some additional trees and shading for the west facing side of that being provided as deemed appropriate and approved by the Planning Director. 3 Planning Commission Minutes April 22, 2008 ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: Planning Director Les Johnson explained why Commissioner Engle was not present due to the requirements of attendance of the Commission as stated in the City of La Quinta Municipal Code, Section 2.06.020B. According to that Code section, Mr. Engle, is entitled to and has made a request to Council for reinstatement to complete his term which ends June 30, 2008. This item will go before City Council at the May 6, 2008, meeting. Staff will provide all the Commissioners with the appropriate Municipal Code section as well as a Commissioner attendance list. He stressed their need to make sure they understood the Code provision for advance notification to the Council if unable to attend a meeting. Chairman Alderson then stated he will be unable to attend the next meeting as he will be out of the country. Chairman Alderson then gave a review of the City Council meeting last week, which included the Eden Rock project. He said it was a very interesting meeting and asked staff to go over some of the pertinent details of the Eden Rock presentation. Planning Director Les Johnson explained the land use/entitlement side of the application. He pointed out highlights of the application/presentation which included: ➢ Removal of the clubhouse and the clock tower, split pools and a variety of miscellaneous changes as a result of the application in January. The development team was responsive to those requests. 0 Planning Commission Minutes April 22, 2008 ➢ The focus was on the development agreement and the fiscal side of the agreement addressing the financial difference on that piece of property as it had previously been designated as a hotel. ➢ There were some concerns about an annual fee being paid by PGA west residents. There was discussion of the annual fee being imposed on those units causing future residents of Eden Rock to rent out the units. ➢ Discussion of the resale percentage paid captured by the City. Estimates were a wash from the original proposal accepted by the City staff. ➢ There was concern over the traffic study on Avenue 54 and Jefferson. There was a condition in the EIR requiring a signal being established. There was concern over the data collected. There was a mortification made to the conditions staff introduced and that was approved requiring the payment the applicant would have to pay and including the improvements in a two -set process. ➢ A signal would be added midway through the project, if warranted. If not warranted there would be a second traffic study done to see if it was needed. There would be a five-year limitation, if warranted, or money bads to the developer. The key issue is with Madison Street now anticipating traffic patterns will change. Commissioner Quill gave an example of an early builder in the area and the transfer fee charged on a home sold in each of his developments. That was ultimately challenged and the developer lost in court. Commissioner Quill said it sounded like what the City was referring to was a transfer fee established on each home. There would be an initial fee and subsequent sales charged a transfer fee to help offset the T.O.T. He asked what made it possible for the City to do that when private developers and Homeowners' Associations could not. Assistant City Attorney, Michael Houston, replied if done correctly, you can get a transfer fee for a limited duration. The City will be doing a development agreement process. A contracted agreement through the City and a third party required us to be deed -restricted on the property which would be backfilled with CC & R's that effectively require the payment. A negotiated provision for a government entitlement to have it done that way. He also referenced the fact the City does something similar to that in other contexts with respect to the 10 Planning Commission Minutes April 22, 2008 affordable housing program. Through the City's Quiet Second Program affordable housing is offered to a homebuyer and restrictions are put on who they can sell to in the future. If they don't perform appropriately the City has the right to come back and strip the profit. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on May 13, 2008. This regular meeting was adjourned at 8:10 p.m. on April 22, 2008. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California 11 PH#A PLANNING COMMISSION STAFF REPORT DATE: MAY 27, 2008 CASE NO: VILLAGE USE PERMIT 2005-032, EXTENSION 1 APPLICANT: NISPERO PROPERTIES, INC. PROPERTY OWNER: NISPERO PROPERTIES, INC. REQUEST: CONSIDRATION OF A ONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-032 FOR THE CONSTRUCTION OF A ±19,433 SQUARE FOOT TWO- STORY OFFICE BUILDING WITH COFFEE HOUSE LOCATION: NORTHWEST CORNER OF AVENIDA LA FONDA AND MAIN STREET (ATTACHMENT 1) ENVIRONMENTAL CONSIDERATION: AS PART OF ITS INITIAL REVIEW AND APPROVAL, THIS PROJECT WAS DETERMINED CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332 CLASS 32 (INFILL DEVELOPMENT) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING DESIGNATION: VC (VILLAGE COMMERCIAL) SURROUNDING LAND USES: NORTH: MAIN STREET; VACANT LAND SOUTH: AVENIDA LA FONDA; VACANT LAND EAST: MAIN STREET; CITY LIBRARY WEST: VACANT LAND; RESIDENTIAL DUPLEX PROJECT BACKGROUND Village Use Permit 2005-032 and Development Agreement 2005-009 were reviewed and approved by the City Council on February 7, 2006. The Development Agreement facilitated the payment of a parking related in -lieu fee to compensate for an approved 39% reduction in the number of required on -site parking spaces. Although the Development Agreement does not require review for this extension, it does require that any time extension for Village Use Permit 2005-037 be reviewed and approved by the City Council. PROJECT DESCRIPTION The project site is an odd shaped 0.72 acre lot located at the northwest corner of Avenida La Fonda and Main Street. Main Street is adjacent to the east (front) and north sides of the site and is constructed as a 28-foot-wide street. Avenida La Fonda is adjacent to the south side of the site and is constructed to a width of 40 feet. Both roadways are improved with curb and gutter but no sidewalk. As part of the proposed project, a sidewalk will be installed along both street frontages adjacent to the project site. Parking on Main Street is prohibited due to its narrow design width. The City Library facility is sited directly east of the property. No improvements, structures, or other features exist on the property, which is flat and barren of vegetation. The proposed building contains approximately 19,433 square feet and is intended for general office use (Attachment 2). The first floor contains 9,470 square feet of floor area and includes general office space and a coffee bar. The second floor consists of 9,963 square feet of general office floor area. The building is flanked on its east and west sides by exterior stairwells. The highest building point is at 38.5 feet from finish grade at the central turret/rotunda feature, with the main roof line at 29.8 feet. The building is generally sited on the eastern portion of the property along Main Street's interior curve, with the front of the building facing Main Street. The site plan provides for a 10-foot building setback along the Main Street frontage. The parking area, which provides 49 spaces, is located on the west side of the building. Access into the parking area is taken from both Main Street and Avenida La Fonda, at the north and south ends of the site, respectively. The architecture will be a blend of Traditional Spanish and Mediterranean design elements, with a more contemporary architectural design overall. The building walls will be stucco with deep shades of earth -tone colors applied to the finish. Areas of stone veneer will be used as an accent material. The roofing material will be a two-piece mission clay tile in a dark tri-color earth tone blend. The window surrounds, doors and mullions will be framed in a painted finished aluminum. The roof eaves will be accented with exposed rafter tails, stained in a dark wood color. Upper floor exterior access areas are to be framed with a wrought iron railing. ANALYSIS The height limit for the Village is set at two stories, not to exceed 35 feet. However, the Code does allow architectural elements to extend above the required height limit, within certain parameters, as part of a development review application. Because the proposed central turret/rotunda feature is considered an architectural element and the main roof height is at 29.8 feet, five feet under the 35 feet limit, the building's design is within the parameters of the Code. With regard to parking, a total of 68 on -site parking stalls are required by Code and only 49 are provided on the proposed site plan. However, as part of the initial approval and as provided for by the Municipal Code, the 19 deficient stalls are to be compensated for through the payment of a parking in -lieu fee in the amount of $228,000. This payment is facilitated through the Development Agreement approved for the project by the City Council on February 21, 2006. Consequently, the project as approved is in compliance with the City's on -site parking requirements. In general, through the initial approval process it was determined the proposed building design and site layout are in compliance with the La Quinta Municipal Code and with the La Quinta Village Design Guidelines. In addition, the proposed building's scale and architectural design will accentuate and compliment the adjacent Library building. As the current request for a time extension does not include any amendments to the previously reviewed and approved development plans and there have been no significant changes to the City's Municipal Code or the Village Design Guidelines that would necessitate a modification of the approved plans, a finding that the proposed time extension is justified by the circumstances of the project can be made. Public Notice This request was published in The Desert Sun newspaper on May 16, 2008, and mailed to all affected property owners and occupants within 500 feet of the proposed project site as required by Section 9.200.110 of the La Quinta Municipal Code. No comments have been received as of this report's preparation; any correspondence received interim to the public hearing will be transmitted to the Planning Commission. Public Agency Review This request was sent to all applicable City departments and affected public agencies on March 25, 2008: All written comments received are on file and available for review with the Planning Department. All applicable comments have been incorporated in the recommended Conditions of Approval, as appropriate. FINDINGS AND CONDITIONS OF APPROVAL Findings to approve this request can be made and are contained in the attached Resolution. For clarification purposes and ease of administration, Staff's recommendation includes the original Conditions of Approval as approved by the City Council on February 7, 2006, except that Condition No. 2 noting the Village Use Permit's expiration date has been modified to reflect approval of the requested extension. No additional conditions are recommended. RECOMMENDATION Adopt Planning Commission Resolution 2008-_, recommending to the City Council approval of a one-year time extension for Village Use Permit 2005-032, subject to the attached findings and conditions of approval. Prepared by: Eric Ceja, Assi ant Planner Attachments: 1. Location Map 2. Project Development Plans PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL A ONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-032 FOR THE CONSTRUCTION OF A ± 19,433 SQUARE FOOT TWO-STORY OFFICE BUILDING WITH COFFEE HOUSE VILLAGE USE PERMIT 2005-032, Ext. 1 NISPERO PROPERTIES, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27' day of May, 2008, consider a one-year time extension for Village Use Permit 2005-032 for a ±19,433 square -feet commercial office building to be located at the northwest corner of Main Street and Avenida La Fonda, more particularly described as: LOT 77, MB 021 /060, DESERT CLUB TRACT UNIT #4 WHEREAS, said one-year time extension of Village Use Permit application 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 initial approval of Village Use Permit 2005-032 by the City Council on February 7, 2006 included a determination that the proposed Village Use Permit was exempt from CEQA review under Guidelines Section 15332 (Infill Development) and there has been no change in circumstances to justify altering said determination; and, WHEREAS, Village Use Permit 2005-032 in conjunction with Development Agreement 2005-009 was approved by the City Council, thereby requiring approval of the one-year time extension of said Village Use Permit by the City Council as stipulated under Section 9.200.080, LQMC; 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, in accordance with LQMC Section 9.200.080 D, 1, make the following mandatory finding: The proposed one-year time extension for Village Use Permit 2005-032 is justified by the circumstances of the project. Through the initial approval process it was determined the proposed building design and site layout are in compliance with the La Quinta Municipal Code and with the La Quinta Village Design Guidelines. In addition, the proposed building's scale and VUP 05-032 PC Reso ds architectural design will accentuate and compliment the adjacent Library building. As the current request for a time extension does not include any amendments to the previously reviewed and approved development plans and there have been no significant changes to the City's Municipal Code or the Village Design Guidelines that would necessitate a modification of the approved plans. 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 finding of the Planning Commission in this case; 2. That it does hereby recommend to the La Quinta City Council, approval of a one-year time extension for Village Use Permit 2005-032 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 271h day of May, 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 VUP 05-032 PC Reso ds PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2005-032, EXT. 1 NISPERO PROPERTIES, INC. MAY 27, 2008 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-032, Extension 1 (VUP 2005-032, Ext. 1) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts, these conditions shall take precedence. 2. This approval shall expire on February 7, 2009, one year from the date of the initial date of expiration, February 7, 2008, unless extended pursuant to the provisions of Section 9.200.080. 3. 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 development application or any application thereunder. 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. 4. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet, (Public Works Clearance) for Building Permits, Improvement and Encroachment Permits • Planning Department • Riverside County Environmental Health Department • Desert Sands Unified School District Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) P:\Jay\' VUP - Village Use Permits\VUP 05-032 EXT 1 Sun Vista Plaza\VUP 05-032 EXT 1 - COA ds.doc Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 South Coast Air Quality Management District Coachella Valley The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 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 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 VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 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. 6. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-032, Ext. 1. 7. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. Any on -street parking/street improvement plans for Main Street, if submitted, shall be reviewed and approved by the City Engineer as to acceptable design standards. Any deviation from standards as applicable under Section 9.150.080 of the Zoning Code may be approved by the Planning and Public Works Departments, as part of the improvement plan review process. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over the best match existing. The applicant shall VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 9. The applicant shall offer for dedication all public street right-of-ways 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 rights -of -way offers for dedication required for this Village Use Permit include: A. PUBLIC STREETS 1) Avenida La Fonda (Local Street, 60' ROW) — The standard 30 feet from the centerline of Avenida La Fonda for a total 60-foot ultimate developed right of way. 2) Main Street (Local Street, 50' ROW) — The standard 30 feet from the centerline of Main Street for a total of 50-foot ultimate developed right of way except for an additional right of way dedicated to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas shown on the Village Use Permit. 12. Direct vehicular access from any portion of the site with frontage along Avenida La Fonda and Main Street is restricted, except for those access points identified on the approved site plan, or as otherwise conditioned in these conditions of approval. 13. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 14. The applicant shall cause no easements 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, unless such easements are approved by the City Engineer. VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 15. Upon approval of this Village Use Permit, the applicant shall begin right-of- way vacation of the existing remnant public right-of-way at the corner of Avenida La Fonda and Main Street (Avenida Buena Ventura). IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 16. 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. 17. 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 Rough Grading Plans 1 " = 30' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plans (Commercial Development) 1 " = 20' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets, including ADA accessibility route to surrounding buildings, parking facilities and public streets. 18. 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. 19. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 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. 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 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. GRADING 20. 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. 21. 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 engineer, VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 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). 22. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or provided with other erosion control measures as approved by the Public Works Departments under the Fugitive Dust Control Plan. 23. Prior to issuance of the main building permit, the applicant shall provide a lot pad certification, stamped and signed by qualified engineers or surveyor. DRAINAGE 24. Nuisance water shall be retained onsite. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No 06-015 Underground Retention Basin Design Requirements. UTILITIES 25. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 26. 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 of the City Engineer. 27. Prior to issuance of any building permit, the applicant shall provide evidence to the Public Works Department, of vacation of the existing 10-foot PUE along the common lot line of lots 68 and 77, along with any relocated VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 easement(s) as may be required. Any in -ground utilities shall be relocated to the satisfaction of the purveyor of record, and the City Engineer STREET AND TRAFFIC IMPROVEMENTS 28. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets. 29. No additional street improvements are required, except for: A. Avenida La Fonda 1) A five-foot wide sidewalk next to the curb along the property boundary with corner improvements and curb ramp per Standard 250 - Case A. B. Main Street 1) A minimum five-foot wide sidewalk next to the curb along the property boundary, to consist of enhanced design materials (e.g. colored/stamped concrete, pavers, etc.) and to include provision for landscaped areas. The sidewalk design shall provide for minimum clearances of 4 feet for ADA accessibility. It is acknowledged that the applicant may submit street improvement plans for Main Street, to accommodate on -street parking along the inside curve (west side), but is not required to do so. Any such improvement plans shall be subject to review and approval by the Planning and Public Works Departments, as specified in Condition 7. Generally, said plans shall be based on a 4-foot curb inset to the west from existing curb line along Main Street, for an 18-foot half -width pavement section, as measured from centerline to gutter flow line, along the project frontage. PARKING LOTS AND ACCESS POINTS 30. 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 VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 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. E. Parking stall length 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 Permit site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility routes 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. 31. The applicant shall design parking lot pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): 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. 32. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 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. 33. General access points and turning movements of traffic are limited to the proposed access driveways on Main Street and Avenida La Fonda. All turn movements are permitted. 34. The entry driveway throat and parking aisle shall be permitted to be constructed as designed on the approved plans, at the depths as shown and 26 feet in width rather than the required 28 feet, as permitted under Section 9.65.030.A.3.a, in order to retain the parking space count of 49 on -site spaces. Use of wheel stops is not permitted. 35. A total space count of 49 parking stalls, including handicapped parking spaces, shall be provided. A minimum of 16 spaces shall be maintained as covered parking, to be designed and located as required under Section 9.150.080.B.5, LQMC. 36. Design and final location of the two trash enclosures shall be reviewed and approved by Waste Management., with the written and/or stamped plan approval to be submitted during the building plan check process. No permits for these facilities shall be issued without said approval. 37. A minimum four -foot high screen wall shall be provided at the west property line. The wall design shall be consistent with the materials and colors used on the main structure, subject to review and approval by the Planning Department. This shall be shown on the civil and landscape plans as submitted for plan check. LANDSCAPING 38. On -site and off -site (streetscape) landscape, landscape lighting and irrigation plans shall be submitted for approval by the Planning Department. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 Riverside County Agricultural Commissioner prior to submitting for final acceptance by the Planning Department. 39. The Silk trees located along the west property line shall be replaced with a non -deciduous (evergreen) variety, to be approved as part of the landscape plan check process. 40. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased from within the Coachella Valley, per the requirement of the Riverside County Agricultural Commissioner. FEES AND DEPOSITS 41. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 42. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 43. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. 44. Prior to the issuance of any building permit for the Site, the applicant shall pay the up -front parking fees, in the manner and amount as specified in the Development Agreement for Village Use Permit 2005-032. FIRE PROTECTION 45. Specific fire protection requirements will be determined when final building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 46. The applicant shall submit a detailed project area lighting plan. Parking lot lighting is required, and shall meet the criteria set forth in Section VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 9.150.080.K, LQMC. All pole -mounted light standards shall conform to lighting standards as in effect when plans are reviewed. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. 47. A comprehensive sign program shall be submitted for review and approval by the Planning Commission prior to establishment of any individual tenant signs for the project. Provisions of the sign program shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be permitted to be placed on any portion of the roof projections or balcony railings along Main Street, and the west elevation. 48. All roof -mounted mechanical equipment must be internal to the roof design, or screened as an integral part of the roof structure, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with the construction plan submittal for building permits. The method and design must be approved by the Planning Department, prior to any issuance of the main structural building permit. 49. The building plans submitted for plan check shall incorporate the following revisions: A. The west elevation for the coffee shop portion of the building shall be modified to lower the stone veneer work, and add arched windows, and/or similar detailing, compatible with the main building. B. Wrought iron railings used on the project shall reflect more of a hand- crafted detailing, similar to the photo exhibit examples in the approved plan set, as opposed to the standard appearance of railings as represented in the architectural renderings and elevations. C. The proposed sign monument shall be reviewed as part of the sign program, as required by Condition 52. The monument shall be similar in design to the photo exhibit example of the fountain, contained in the approved plan exhibits. 50. It is understood by the Applicant that Nispero Properties, Inc, by payment of a deposit in the amount of $5,000 on 12/21/05, has entered into an VUP 05-032 EXT 1 - COA ds Planning Commission Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 May 27, 2008 Agreement with the City relating to preparation and possible approval of a Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of Village Use Permit 2005-032, Extension 1. This Village Use Permit shall not be effective unless and until the Development Agreement has been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2005-032 shall be in effect with respect to expiration, as stated under Condition #2. 51. The permitted office and coffee bar uses shall be limited to those of a general intensity, consistent with the parking ratios of 1 space per 250 s.f. of office and 1 space per 150 s.f. of retail food with ancillary seating. This precludes use of any office space as a medical office use, and retail food with ancillary seating space for sit-down restaurant use, unless shared parking or tenant space reductions are determined to maintain the approved parking ratios for this building, or the Development Agreement is amended to allow payment of per -space fees to increase any use intensity for the project. 52. Use of the coffee bar lease space may be relocated to an alternate ground floor space, oriented toward the center of the main building proximate to the pedestrian entrance from Main Street. Limited unreserved ancillary outdoor seating for coffee bar patrons may be provided in the entry courtyard, whether or not the coffee bar space is relocated. VUP 05-032 EXT 1 - COA ds ATTACHMENT 1 VUP 2005-032, Time Extension #1 ��B1�eISkY�WiY [Slle amp :__ �� - �� ter_ F- ( L �_ OId,Town_L_n -" ��: � � k SITE is "Uinta Village Park — CAI Esta_do _ -- 1 I I� Calle-Cadfzi Street View Aerial View Location Map PH#B PLANNING COMMISSION STAFF REPORT DATE: MAY 27, 2008 CASE NO.: SIGN APPLICATION 2003-735 AMENDMENT NO. 3 APPLICANT: PD SIGN COMPANY FOR LA QUINTA VALLEY PLAZA REQUEST: CONSIDERATION OF A SIGN PROGRAM AMENDMENT FOR PERMANENT BUSINESS SIGNAGE FOR LA QUINTA VALLEY PLAZA LOCATION: ENVIRONMENTAL CONSIDERATION: GENERAL PLAN/ ZONING: SURROUNDING ZONING AND LAND USES: BACKGROUND: NORTH SIDE OF HIGHWAY 111 APPROXIMATELY 100 FEET WEST OF DUNE PALMS ROAD ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTION 15311(a) REGIONAL COMMERCIAL (CR) / REGIONAL COMMERCIAL (CR) NORTH: CP/COMMERCIAL PARK SOUTH: CR/REGIONAL COMMERCIAL EAST: CR/REGIONAL COMMERCIAL WEST: CR/ REGIONAL COMMERCIAL The Planning Commission approved La Quinta Valley Plaza commercial center located on the north side of Highway 111 (Attachment 1) under Site Development Permit 2003- 761 for six freestanding buildings in April 2003, and the original Sign Program in December 2003. Two amendments were subsequently applied for; the first amendment, approved in February 2005 allowed a single -tenant building a maximum of three building -mounted signs; the second amendment was withdrawn by the applicant. SIGN PROGRAM PROPOSAL: The current amendment proposes to modify the existing freestanding center identification sign located to the west of the Highway 111 entrance (Attachment 2). The change includes an adjustment to the number of tenant names on the monument sign from two (Attachment 3) to eight (Attachment 4). The name of the center ("La Quinta Valley Plaza") will be removed to make room for the additional tenant names and will not SA 2003-735 amd.3 Staff Report be relocated on the sign. The dimensions and the square footage area of the monument will not be altered. ANALYSIS: Based on the existing monument signs along Highway 111 in the Regional Commercial District, the City has approved different styles and types of freestanding center identification signs. Applicants have always been given the liberty to propose their own style and design to identify a commercial center as long as it complies with the development standards set forth in Section 9.160.050 Table 9-19; any deviation from the standards have been through an approved Specific Plan. Table 9-19 allows one monument per street frontage with a maximum square footage of 50 square feet; the code does not specify the number of tenants allowed on a freestanding monument. The approved Sign Program allowed the names of two major tenants to be on the monument and the name of the center "La Quinta Valley Plaza" (Attachment 5, Page 5 of 5). The applicant's proposal (Attachment 6, Page 5 of 5) to provide space for up to eight tenant names and removing the name of the center "La Quinta Valley Plaza" hinders the primary intent of the approved Sign Program, which specifically references and provides standards for center identification signs. Furthermore, freestanding monument signs in the Regional Commercial District generally include a reference to the shopping center they are approved for. Staff notes that reducing the applicant's proposal of eight tenants to six would address two important issues; it would allow additional tenants and provide enough space for the name of the center to be relocated on the monument sign with reduced dimensions and thus continue to meet the intent of the approved Sign Program. Consequently, staffs recommendation includes a condition that requires the name of the center remain and the number of individual tenant signs be limited to six. FINDINGS: Based on the foregoing analysis, the following findings support approval of Sign Application 2003-735 Amendment No. 3, subject to the recommended conditions of approval. A. Sign Application 2003-735, Amendment 3, as recommended, is consistent with the purpose and intent of Chapter 9.160, in that it does not conflict with the standards set forth in Chapter 9.160 except as authorized through an approved Sign Program. B. Sign Application 2003-735, Amendment 3, as recommended, is harmonious and consistent with all signs as proposed under the Sign Program, due to the common use of color and location of signs. D. Sign Application 2003-735, Amendment 3, as recommended, is harmonious with and visually related to surrounding development, as it will SA 2003-735 amd.3 Staff Report 2 not adversely affect surrounding land uses or obscure other adjacent conforming signs. E. Sign Application 2003-735, Amendment 3, as recommended, is consistent with the purpose and intent of the sign adjustment review process in that an additional number of tenants are necessary to compensate for inadequate visibility and maintain good design balance. PUBLIC COMMENTS: This project was advertised in the Desert Sun newspaper on May 14, 2008, mailed to all property owners within 500-feet of the site, and posted on City Public Hearing information boards. At the time of the filing of this report, staff had not received any letters or phone calls from the public regarding the proposal. RECOMMENDATION: Adopt Minute Motion No. 2008 _, approving Sign Application 2003-735 Amendment No. 3, based on the findings and analysis included in the May 27, 2008 Planning Commission Staff for Sign Application 2003-735, Amendment 3, and subject to the following conditions: 1. Prior to issuance of the first sign permit, a revised Sign Program (text and graphics) shall be submitted to the Planning Department incorporating any amendments or conditions of approval by the Planning Commission. 2. The freestanding monument sign shall be modified to add no more than four tenant names for a total of six and retain the name of the shopping center "La Quinta Valley Plaza". The design of which shall be approved by the Planning Director. Attachments: 1. Vicinity Map 2. Site Plan 3. Current Freestanding Monument Sign 4. Proposed Freestanding Monument Sign 5. Approved Sign Program 6. Proposed Sign Program Pre are I by: Pre n nco, Assistant Planner SA 2003-735 amd.3 Staff Report ATTACHMENT 1 MILES AVE 48TH AVE z O N w W U. LL, W 11) Im 13 P. Jh ♦ u? is � y \VT I F ATTACHMENT 2 •LI ATTACHMENT 4 N T J I ,II �I NGu 0m. 2Q -+?O Z �CCNti z z � W 2w30 m � 4 CC,C 6 O• 4�F'�Np2 Q Q QC2�i¢m ¢ B O°w° n'- � Z y y 4=° 3 ° _ w zQ sk ¢wWoo�3 N O O O K U F Q y N �pU Q�WFO=N m rn m WOK W N c c rnQO W ti WpX 3 C m m m 0 2 0 W W 2 2 F- O O O L N Q t"1 O o • m y n u� N N � C O' O �O ar w Si w m f LL U V O y r c•1 N N � O N O O S c U N LL N CC:) n d U E 6 Z d ri R A Oa m� ",a$m" O C C UJ Q<cU N O a U N C _- rn c t� V �oY 0 ¢ ti c w O a rriJ Oa �c c Q p a c LL N° �N TCO 5 o c 9P: �U`O\o nn rn o r n * � N n o E- E Q w° O QW`��D d°a U ya° y caaLL ATTACHMENT 5 Revised 1-07-05 SIGN PROGRAM for LA QUINTA VALLEY PLAZA 79-390; 79-400; 79-410; 79-430; 79-440; 79-450 Hwy 111 La Quinta, CA 92253 Prepared by: Sign -A -Rama 41-945 Boardwalk, Ste. L Palm Desert, CA 92211 Phone: (760) 776-9907 Fax: (760) 776-9844 A. INTRODUCTION The intent of this Sign Program is to provide guidelines necessary to assure visually appealing signage and achieve a uniform appearance for the benefit of all tenants. This Sign Program shall be strictly enforced and any non -conforming signs shall be removed or brought into conformity by the Tenant or its sign contractor at the Tenant's expense, upon demand by the Landlord. B. GENERAL REQUIREMENTS 1. Prior to sign fabrication or installation, Tenant shall submit two (2) copies (one in full color) of the proposed sign for Landlord's approval. Drawings must include sign location, size, layout, design and color, including all lettering and/or graphics. 2. Upon Landlord's approval, Tenant shall obtain all applicable permits from the City prior to sign installation. 3. All costs for signs, installation (including any necessary electrical service connections) and permits shall be at the sole expense of the Tenant. 4. Tenant is responsible for fulfillment of all requirements of this Sign Program. Page 1 of 5 1-07-05 8 APPROVED SIGN PROGRAM 5. For purposes of secondary business identification, Tenant will be permitted to place upon glass door at each entrance to its premises Oyster colored vinyl lettering not to exceed two (2) square feet in area. Letters shall not exceed three (3) inches in height and copy shall indicate business name, hours of business, emergency telephone, etc. The number and letter type shall be Helvetica, Optima or Helvetica Italic. 6. In addition to business identification described in previous paragraph, Oyster colored vinyl lettering shall be permitted on one (1) window panel adjacent the entry door. Lettering on this panel shall not exceed three (3) square feet in total area and letter height shall not exceed six (6) inches. Typestyle optional. 7. Sign area allowances expressed in this Sign Program are stated as maximum. Should the City Sign Ordinance requirements be more restrictive, the City Sign Ordinance shall apply. C. GENERAL SPECIFICATIONS 1. No exposed raceway, crossovers, conduits, conductors, transformers, etc. which are visible when facing building elevation shall be permitted. 2. All electrical signs and their installation shall comply with all local building and electrical codes. 3. Electrical service to all signs (as applicable) shall be connected to Tenant's electrical service panel. 4. No animated, flashing or audible signs are permitted. 5. All illuminated Building Wall and Fascia Signs shall be internally illuminated individual channel letters. 6. Upon removal of any sign, the building or wall surface shall be patched, textured, sealed and painted to match its original condition, at Tenant's sole expense. Page 2 of 5 1-07-05 9 D. DETAIL REQUIREMENTS, MAIN BUSINESS SIGN Main Business Signage shall be individual internally illuminated Acrylic -Faced Channel Letters or Opaque -Faced Reverse (halo -lit) Channel Letters. 1. Signs shall be installed on building wall or fascia in designated areas and on designated frontages only. (see individual building elevation drawing attachments) 2. Maximum number of signs: a. A tenant of a multi -tenant building may have a maximum of two (2) signs, but not more than one (1) per each building side. (see individual building elevation drawing attachments) b. A single tenant occupying an entire free-standing building may have a maximum of three (3) signs, but not more than one (1) per each building side. Locations of signs to be determined on an individual case basis upon approval of landlord and the City of La Quinta planning Department. 3. Maximum Sian coav area: Maximum sign area shall be one (1) square foot per lineal foot of lease frontage, not to exceed 50 square feet aggregate. The maximum sign copy area shall include any applicable Trademark Logo box. Maximum width of sign shall not exceed 75% of the lease frontage or wall width upon which the sign is placed, whichever is smaller. Maximum letter heights: a. On units having front elevation sign panel areas below shed roof and above archway, the maximum letter height and overall sign height shall be twelve (12) inches. Trademark logo boxes shall not exceed eighteen (18) inches in height. Page 3 of 5 1-07-05 10 b. All other sign panel areas shall have a maximum letter height of eighteen (18) inches. Trademark logo boxes shall not exceed twenty-four (24) inches in height. Overall height of signs in these areas shall not exceed forty (40) inches. C. No more than two (2) lines of copy are permitted on fascia mounted signs. 4. Illuminated Acrylic -Faced Channel Letter Detail Information: Letter Depth: 5 inches Face Colors: #2283 Red; #2114 Blue; #2030 Green Trim Color: Bronze, #311 Return Color: Matthews #313 Dark Bronze Acrylic Polyurethane Neon Color: #4500 White Note: Tenants having Federally Registered Trademarks may use such layouts and colors in their signage. 5. Illuminated Opaque -Faced Reverse (halo -lit) Channel Letter Detail Information: Letter Depth: 3 inches Standoff from Wall: 1 1/2" (Clear Lexan Backplate Req'd) Face & Return Colors: Matthews Acrylic Polyurethane #42- 212 Red; #42-219 Blue; #259 Green; #41-313 Dark Bronze; #46-253 Copper; #46401 Aztec Gold (Satin); #41-342 Brushed Aluminum Neon Color: #4500 White Note: Tenants having Federally Registered Trademarks may use such layouts and colors in their signage. 6. All signs shall be centered vertically and horizontally on the wall panel upon which they are placed. 7. All penetrations of the building structure for sign installation shall be sealed in a watertight condition. All bolts, fasteners and clips exposed to the weather shall be corrosion resistant (stainless steel, aluminum or brass) and shall be painted to match adjacent finish. Page 4 of 5 1-07-05 11 E. Temporary Signs Upon submission approval of permit for main signage, a temporary banner, not to exceed 20 square feet in area, may be installed in main sign area, pending approval and fabrication of main sign. Periodic display of banners for promotional events is authorized in accordance with City of La Quinta Sign Ordinance. Such promotional banners may not exceed 32 square feet in area. F. Center Identification Signs Freestanding center identification (monument) signs shall be permitted at the Highway 111 and Corporate Center Drive entrances. The sign face shall not exceed 50 square feet in area and the overall height shall not exceed 8 feet from the average finish grade at the base of the sign. The Center ID copy shall be internally illuminated acrylic faced channel letters. In addition, a maximum of two (2) "major tenants", each having a minimum of 7,000 square feet of leased floor area may be identified on the Center ID sign. The "major tenants" copy shall be backlighted "push-thru" (1/2 inch projection) acrylic letters. Tenants may obtain pertinent sign specifications and fulfill their leasehold sign requirements by contacting the Authorized Sign Supplier. Authorized Sign Supplier: Sign -A -Rama 41-945 Boardwalk, Ste. L Palm Desert, CA 92211 Phone: (760) 776-9907 Fax: (760) 776-9844 Page 5 of 5 1-07-0512 ATTACHMENT 6 Revised 12-27-07 SIGN PROGRAM for --- LA QUINTA VALLEY PLAZA 79-390; 79-400; 79-410; 79-430; 79-440; 79-450 Hwy 111 La Quinta, CA 92253 Prepared by: Sign -A -Rama 41-945 Boardwalk, Ste. L Palm Desert, CA 92211 Phone: (760) 776-9907 Fax: (760) 776-9844 A. INTRODUCTION The intent of this Sign Program is to provide guidelines necessary to assure visually appealing signage and achieve a uniform appearance for the benefit of all tenants. This Sign Program shall be strictly enforced and any non -conforming signs shall be removed or brought into conformity by the Tenant or its sign contractor at the Tenant's expense, upon demand by the Landlord. B. GENERAL REQUIREMENTS 1. Prior to sign fabrication or installation, Tenant shall submit two (2) copies (one in full color) of the proposed sign for Landlord's approval. Drawings must include sign location, size, layout, design and color, including all lettering and/or graphics. 2. Upon Landlord's approval, Tenant shall obtain all applicable permits from the City prior to sign installation. 3. All costs for signs, installation (including any necessary electrical service connections) and permits shall be at the sole expense of the Tenant. 4. Tenant is responsible for fulfillment of all requirements of this Sign Program. Page 1 of 5 12-27-0713 PROPOSED SIGN PROGRAM 5. For purposes of secondary business identification, Tenant will be permitted to place upon glass door at each entrance to its premises Oyster colored vinyl lettering not to exceed two (2) square feet in area. Letters shall not exceed three (3) inches in height and copy shall indicate business name, hours of business, emergency telephone, etc. The number and letter type shall be Helvetica, Optima or Helvetica Italic. 6. In addition to business identification described in previous paragraph, Oyster colored vinyl lettering shall be permitted on one (1) window panel adjacent the entry door. Lettering on this panel shall not exceed three (3) square feet in total area and letter height shall not exceed six (6) inches. Typestyle optional. 7. Sign area allowances expressed in this Sign Program are stated as maximum. Should the City Sign Ordinance requirements be more restrictive, the City Sign Ordinance shall apply. C. GENERAL SPECIFICATIONS 1. No exposed raceway, crossovers, conduits, conductors, transformers, etc. which are visible when facing building elevation shall be permitted. 2. All electrical signs and their installation shall comply with all local building and electrical codes. 3. Electrical service to all signs (as applicable) shall be connected to Tenant's electrical service panel. 4. No animated, flashing or audible signs are permitted. 5. All illuminated Building Wall and Fascia Signs shall be internally illuminated individual channel letters. 6. Upon removal of any sign, the building or wall surface shall be patched, textured, sealed and painted to match its original condition, at Tenant's sole expense. Page 2 of 5 12-27-07 14 D. DETAIL REQUIREMENTS, MAIN BUSINESS SIGN Main Business Signage shall be individual internally illuminated Acrylic -Faced Channel Letters or Opaque -Faced Reverse (halo -lit) Channel Letters. 1. Signs shall be installed on building wall or fascia in designated areas and on designated frontages only. (see individual building elevation drawing attachments) 2. Maximum number of signs: a. A tenant of a multi -tenant building may have a maximum of two (2) signs, but not more than one (1) per each building side. (see individual building elevation drawing attachments) b. A single tenant occupying an entire free-standing building may have a maximum of three (3) signs, but not more than one (1) per each building side. Locations of signs to be determined on an individual case basis upon approval of landlord and the City of La Quinta planning Department. 3. Maximum sign copy area: Maximum sign area shall be one (1) square foot per lineal foot of lease frontage, not to exceed 50 square feet aggregate. The maximum sign copy area shall include any applicable Trademark Logo box. Maximum width of sign shall not exceed 75% of the lease frontage or wall width upon which the sign is placed, whichever is smaller. Maximum letter heights: a. On units having front elevation sign panel areas below shed roof and above archway, the maximum letter height and overall sign height shall be twelve (12) inches. Trademark logo boxes shall not exceed eighteen (18) inches in height. Page 3 of 5 12-27-0715 b. All other sign panel areas shall have a maximum letter height of eighteen (18) inches. Trademark logo boxes shall not exceed twenty-four (24) inches in height. Overall height of signs in these areas shall not exceed forty (40) inches. C. No more than two (2) lines of copy are permitted on fascia mounted signs. 4. Illuminated Acrylic -Faced Channel Letter Detail Information: Letter Depth: 5 inches Face Colors: #2283 Red; #2114 Blue; #2030 Green Trim Color: Bronze, #311 Return Color: Matthews #313 Dark Bronze Acrylic Polyurethane Neon Color: #4500 White Note: Tenants having Federally Registered Trademarks may use such layouts and colors in their signage. 5. Illuminated Opaque -Faced Reverse (halo -lit) Channel Letter Detail Information: Letter Depth: 3 inches Standoff from Wall: 1 1/2" (Clear Lexan Backplate Req'd) Face & Return Colors: Matthews Acrylic Polyurethane #42- 212 Red; #42-219 Blue; #259 Green; #41-313 Dark Bronze; #46-253 Copper; #46-401 Aztec Gold (Satin); #41-342 Brushed Aluminum Neon Color: #4500 White Note: Tenants having Federally Registered Trademarks may use such layouts and colors in their signage. 6. All signs shall be centered vertically and horizontally on the wall panel upon which they are placed. 7. All penetrations of the building structure for sign installation shall be sealed in a watertight condition. All bolts, fasteners and clips exposed to the weather shall be corrosion resistant (stainless steel, aluminum or brass) and shall be painted to match adjacent finish. Page 4 of 5 12-27-0716 E. Temporary Signs Upon submission approval of permit for main signage, a temporary banner, not to exceed 20 square feet in area, may be installed in main sign area, pending approval and fabrication of main sign. Periodic display of banners for promotional events is authorized in accordance with City of La Quinta Sign Ordinance. Such promotional banners may not exceed 32 square feet in area. F. Center Identification Signs Freestanding double -sided center identification (monument) signs shall be permitted at the East and West Highway 111 and Corporate Center Drive entrances. The sign face shall not exceed 50 square feet in area and the overall height shall not exceed 8 feet from the average finish grade at the base of the sign. A maximum of eight �S (8) tenants not having business frontage on either Hwy. 111 or Dune Palms Road may be listed on the monument sign. The tenant copy shall be backlighted, routed -out aluminum texture coated panels with red acrylic backer. Tenants may obtain pertinent sign specifications and fulfill their leasehold sign requirements by contacting the Authorized Sign Supplier. Authorized Sign Supplier: Sign -A -Rama 41-945 Boardwalk, Ste. L Palm Desert, CA 92211 Phone: (760) 776-9907 Fax: (760) 776-9844 Page 5 of 5 12-27-07 17 PH#C STAFF REPORT PLANNING COMMISSION DATE: MAY 27, 2008 CASE NO.: TENTATIVE TRACT MAP 33848 AND ENVIRONMENTAL IMPACT REPORT 05-560 APPLICANT: DAVID MAMAN DESIGNS PROPERTY OWNER: QUINTA DEL SOL, LLC ENGINEER: NOLTE ENGINEERING LOCATION: SOUTH SIDE OF AVENUE 58, APPROXIMATELY 510 FEET WEST OF MONROE STREET REQUEST: CONSIDERATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT (SCH #2007021060) AND SUBDIVISION OF 4.8± ACRES INTO 12 SINGLE FAMILY RESIDENTIAL AND MISCELLANEOUS LOTS ENVIRONMENTAL CONSIDERATION: THE CITY OF LA QUINTA PLANNING DEPARTMENT HAS CAUSED TO BE PREPARED A DRAFT ENVIRONMENTAL IMPACT REPORT (ENVIRONMENTAL ASSESSMENT 2005-560) AND HAS DETERMINED THAT THE PROPOSED PROJECT DOES HAVE THE POTENTIAL FOR SIGNIFICANT ADVERSE EFFECTS ON THE ENVIRONMENT; HOWEVER, THESE EFFECTS CAN BE REDUCED TO INSIGNIFICANT LEVELS, WITH THE INCORPORATION OF RECOMMENDED MITIGATION MEASURES. GENERAL PLAN LDR (LOW DENSITY RESIDENTIAL, UP TO 4 DWELLING UNITS DESIGNATION: PER ACRE) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING ZONING/LAND USES: NORTH: RL / SINGLE FAMILY RESIDENTIAL (PIAZZA SERENA TR 30092) SOUTH: RL / SINGLE FAMILY RESIDENTIAL / VACANT EAST: RL / SINGLE FAMILY RESIDENTIAL / VACANT WEST: RL / SINGLE FAMILY RESIDENTIAL / VACANT / TTM 33717 (17 RESIDENTIAL LOTS) 1 BACKGROUND: The project site consists of a linear, 4.8± acre rural residential property which is currently the site of an existing adobe home (Attachment 1). The applicant originally submitted the proposed project as a 17 lot, single family residential tract in November, 2005. The existence of the adobe home was identified in the Cultural Resources Report submitted in March of 2006. Due to the nature of the findings in the Cultural Resources Report, the City requested a peer review of the report, which was conducted by Architectural Resources Group in May of 2006. Since the time of original submittal, the applicant has reduced the total number of proposed residential lots from 17 to 12 lots. This reduction was done in response to a policy change regarding the subdivision of properties less than 10 acres in size located south of Avenue 52, a policy which was later codified. The current code now requires a 20,000 square foot minimum lot size. PROJECT REQUEST: The applicant is proposing to subdivide the 4.8± acre site into 12 single-family residential lots, ranging from 11,056 to 14,398 square feet in size (Attachment 2). In addition to the single-family lots, five miscellaneous lots would be created, three for landscaping, one for a retention basin, and one for the private street. The density of this proposed subdivision is 2.6 dwelling units per acre. The project is located on the south side of Avenue 58, directly across from Tract 30092, Piazza Serena. Layout The proposed project consists of 12 residential lots located along a single private cul- de-sac street. The private street has a slight bend to generally align the gated entry intersection with the entry to Piazza Serena directly across Avenue 58 to the north. The applicant has proposed placing decorative median planter islands within the center of the street. The single automated gated entry has been designed with a landscaped median island, a separate pedestrian gate, and decorative stamped concrete. The entry gate has a three car stacking capacity and a refused entry turnaround. Avenue 58 is a secondary arterial with an 88 foot right of way and is designated as an Agrarian Image Corridor in the General Plan. Due to an existing irrigation pipeline and high voltage power line easement along the south side of Avenue 58, the applicants have provided a 42 foot landscaping setback, 22 feet more than the required 20 foot minimum setback. The setback includes a meandering multi -purpose trail. A landscaped retention basin serving the project will be located behind the perimeter wall and adjacent to the entry gate. This retention basin has a 500-year storm capacity with a drywell and maintenance ramp, and would overflow onto Avenue 58. P:\Reports - PC\2008k5-27-08\TT 33848 Maman\TT 33848 PC RPT.doc 2 Lot Relationships and Adjacent Homes The existing Low Density Residential (RL) zoning requires a minimum lot size of 7,200 square feet. The smallest lot proposed for this project is 11,056 square feet and the largest is 14,398 square feet, averaging 11,776 square feet. All proposed lots meet the Low Density Residential zoning (RL) development standards. Because the existing Agrarian Image Corridor standards limit Lot 1 to a single story residence, this perimeter lot has been enlarged to accommodate a greater build -able area. With the exception of Piazza Serena located across Avenue 58 to the north, none of the adjacent residential properties have been developed. Eight lots and a retention basin from approved but undeveloped Tentative Tract Map 33717 are located adjacent and to the west of this project. Landscaping and Design The applicant has provided a preliminary landscaping plan that identifies a decorative entry gate, wall design, and perimeter landscaping (Attachment 3). This preliminary landscaping plan was submitted with the original 17 lot proposal, as identified in the upper right corner of the plans, and is only intended as a conceptual reference for the intended Avenue 58 perimeter landscaping. The design of the project's landscaping will be reviewed and approved by the Planning Commission under a separate Site Development Permit application at a later date. Existing Adobe Home Following the application submittal in November of 2005, it was identified in the Cultural Resources Report that the existing home on the project site was constructed out of adobe sometime around 1928 (Attachment 4, Appendix Q. The construction of the house incorporated modern building methods, as identified by the concrete slab, but consisted of traditional building materials, including thick adobe walls, and was designed in a style more common among older homes. The report identified the property as being a part of an early subdivision intended to be used as winter vacation homes. The Cultural Resources Report found that the structure is historically significant because of two factors. First, the structure appears to be a rare and well-preserved traditional adobe and is therefore eligible for the California Register of Historic Resources under the criterion that "it embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.' Secondly, the report states that the structure and its setting are locally significant because they represent a surviving example of an early stage of residential development promotions. The Planning Department requested that a peer review of the Cultural Resources Report be conducted by an independent third party. Architectural Resources Group PAReports - PC\2008\5-27-08\TT 33848 Maman\TT 33848 PC RPT.doc 3 reviewed the findings of the report and conducted a site visit. They confirmed the findings of the Cultural Resources Report and included the finding that the home met an additional criterion of significance, as being "associated with events or patterns of events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States. " No significant historical events or persons being associated with the home were identified in the Cultural Resources Report. The Cultural Resources Report states that preservation is always the preferred course of action and the adobe home has the potential to be restored, but since the structure has been altered over the years, is unable to be relocated, and is situated at the center of the proposed development, the report recommends utilizing the HABS/HAER program to provide a detailed architectural and photographic record of the structure prior to demolition. RECOMMENDATION OF THE HISTORIC PRESERVATION COMMISSION: The Historic Preservation Commission (HPC) reviewed the Cultural Resources Report during their June 15, 2006 meeting and, following considerable debate regarding the significance and viability of the structure, the Commissioners voted to continue the item until the completion of the Draft Environmental Impact Report. The item returned to the HPC during their April 17, 2008 meeting. At that meeting, the Commissioners discussed the value of preserving the adobe home and whether or not architectural elements of the adobe home could be feasibly utilized in the construction of the new subdivision. The Commissioners questioned the applicant and project archaeologist of the possibility of incorporating stones from the fireplace or the lintels above the adobe home's windows into features such as the wall, entry gate, or architecture of the new homes. The archaeologist noted that some of those features may disintegrate during their extraction and that the features themselves were not historically significant. Also in their discussion, the Commissioners noted the modified, vandalized, and deteriorated condition of the structure since the initial evaluation and report, and the report's recommendation to conduct the HABS/HAER documentation prior to demolition as acceptable mitigation measures. The Historic Preservation Commission adopted Minute Motion 2008-001 by a 3-2 vote during their meeting held April 17, 2008, accepting the findings of the Phase 1 Cultural Resources survey with conditions. FINDINGS OF THE DRAFT ENVIRONMENTAL IMPACT REPORT: The Planning Department reviewed the proposed project and determined that the project may have a significant effect on an existing cultural resource and determined that an Environmental Impact Report would be prepared. The Draft Environmental Impact Report (DEIR) analyzed all of the potential impacts caused by the proposed project and determined that the project may have a significant effect on the PAReports - PC\200815-27-08\TT 33848 Maman\TT 33848 PC RPT.doc 4 environment (Attachment 4). Among those areas identified where potential significant impacts may occur included air quality during grading and construction, hazardous materials such as the potential for lead and asbestos associated with demolition, biological resources pertaining to potential burrowing owls and migratory birds, and geotechnical hazards due to the potential for liquefaction during an earthquake. The issue of greatest concern was the presence of an existing adobe home on the site. As described in the DEIR, all potential impacts in all categories can be mitigated to a less than significant level. ANALYSIS: The proposed project is located on a small, linear 651 foot deep by 324 foot wide parcel, which does not allow room for much variation in street design. The proposed lot sizes are similar to existing developed residential projects in the area. Piazza Serena, located directly across the street, has similar lot sizes ranging from approximately ± 11,500 to ± 14,000 square feet. Andalusia at Coral Mountain also has comparable lot sizes ranging from ±9,800 to ±17,000 square feet. Tentative Tract 33717, located adjacent and to the west, has 17 lots along a linear cul-de-sac street ranging in size from ±7,800 to ±8,835 square feet. The perimeter setback of 42 feet along Avenue 58 is consistent with adjacent Tentative Tract Map 33717. Because the proposed tentative tract map has similar lot sizes and a layout similar to surrounding projects, findings that the proposed project is consistent with adjacent development can be made. The current code, Section 9.50.100, requires subdivisions of land with ten acres or less located within Low Density Residential zoning have a minimum lot size of 20,000 square feet, unless they provide a minimum of 25% common open area space. Although the lot sizes in this proposal do not meet this requirement, because this application was submitted prior to the effective date of this regulation, this map is not subject to its requirements. The primary item of discussion and concern regarding the proposed project has been focused upon the future of the existing adobe home. The applicant had investigated a number of project alternatives which considered the possibility of developing the site while still retaining the adobe home. With the current Low Density Residential development standards, a 9 lot alternative was possible, but posed difficulties with standard lot and building pad dimensions due to the adobe home being located at the center of the ±4.8 acre property. The Draft Environmental Impact Report explores the project alternatives in chapter 5, section B, page 2 (Attachment 4). Difficulties with the project alternatives which involve the restoration and preservation of the adobe home have focused on feasibility. Due to their composition of earth and straw, adobe buildings in general are fragile, pose a challenge with long-term preservation, are often unable to be relocated, and typically pose a safety risk during an earthquake unless substantial stabilization efforts are made. Restoration presents PAReports - PC\2008\5-27-08\TT 33848 Maman\TT 33848 PC RPT.doc 5 additional challenges because many original elements of the house have been replaced, added to, or modified over the years. A home office and swimming pool were added in the 1970's, modern central air conditioning had been installed, and the roof was replaced at some point following a reported fire. In recent years, the home was vacated by its former tenant and has experienced some vandalism and disrepair. Staff has been working with Building and Safety to address the outstanding code compliance issues at the site. The proposed project is compatible with nearby residential developments and meets the development standards in place at the time of submittal. The Planning Commission will ultimately need to consider the findings of the DEIR and weigh the economic viability of maintaining the adobe structure with the merits of the proposed residential project. PUBLIC NOTICE: The Notice of Completion for the Draft Environmental Impact Report ("DEIR") was advertised in the Desert Sun newspaper for public comment on April 9, 2008 and a copy of the DEIR was made available for download on the City's website. The tentative tract map application was advertised in the Desert Sun newspaper on May 9, 2008. All property owners within 500 feet of the site were mailed a copy of the Public Hearing notice as required by the La Quinta Municipal Code. No comments have been received from surrounding property owners, but two residents of Piazza Serena visited the Planning Department to review a copy of the Draft Environmental Impact Report. All applicable comments received from outside agencies have been incorporated into the recommended conditions of approval. STATEMENT OF MANDATORY FINDINGS: Findings necessary to recommend approval of this request can be made, as conditioned, and are contained in the attached Resolution for the Draft Environmental Impact Report and Tentative Tract Map. RECOMMENDATION: Adopt Planning Commission Resolution 2008- , recommending to the City Council the Findings of the Draft Environmental Impact Report prepared for Tentative Tract Map 33848. Adopt Planning Commission Resolution 2008- , recommending to the City Council approval of Tentative Tract Map 33848, subject to attached Findings and Conditions of Approval. PAReports - PC\2008\5-27-08\TT 33848 Maman\TT 33848 PC RPT.doc Attachments: 1. Vicinity Map and Site Photos 2. TT 33848 map exhibit 3. Preliminary perimeter landscaping, gate, and wall design exhibit 4. Draft Environmental Impact Report prepared for TT 33848 Prepared by: J. Mogensen, Planner PAReports- PC\2008\5-27-08\TT 33848 Maman\TT 33848 PC RPT.doc PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL FINDINGS REGARDING THE DRAFT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #2007021060) PREPARED FOR TENTATIVE TRACT MAP 33848 CASE NO.: ENVIRONMENTAL IMPACT REPORT 2005-560 APPLICANT: DAVID MAMAN DESIGNS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 271" day of May, 2008 hold a duly noticed Public Hearing to consider a request by David Maman Designs to recommend adoption of Environmental Impact Report 2005-560, prepared for Tentative Tract Map 33848, located on the south side of Avenue 58 approximately 510 feet west of Monroe Street, more particularly described as: NE'/e OF THE NEY4 OF SECTION 27, T6S, R7E, SBM; APN: 764-180-003 WHEREAS, it was determined pursuant to California Environmental Quality Act of 1970 ("CEQA"),(Public Resources Code § 21000, et seq.); and the CEQA Guidelines (14 Cal. Code of Regs. Sections 15000 et seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on the 14" day of February, 2007, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the Environmental Impact Report; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ("DEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the environmental impacts resulting therefrom, and on the 41" day of April, 2008, circulated the DEIR for public and agency comments; and WHEREAS, the Historic Preservation Commission, at their meeting held on the 15th, day of June, 2006, reviewed the paleontological resources survey for the project, identified as Appendix H within the DEIR, and adopted Minute Motion 2006- 008, recommending approval of the paleontological resources survey to the Planning Commission, subject to staff -recommended conditions; and 8 0 FILENAME \p PAReports - PC\2008\5-27-08\TT 33848 Maman\EA PC Reso TT 33848.doco Planning Commission Resolution 2008- Environmental Assessment 2005-560 Tentative Tract 33848 May 27, 2008 WHEREAS, the Historic Preservation Commission, at their meeting held on the 17" day of April, 2008, reviewed the Draft Environmental Impact Report and cultural resource survey, identified as Appendix C within the DEIR, and adopted Minute Motion 2008-011, recommending approval of the cultural resource survey to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, a DEIR has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code '21000, et seq.); and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending to the City Council adoption of said Draft Environmental Impact Report: Finding A: Public Health, Safety, and Welfare The proposed application will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Impact Report 2005-560. Finding B: Wildlife, Habitat, and Natural Resources Development of the proposed project site has the potential to impact burrowing owls and seasonal migratory birds. However, mitigation measures included in the project approval will reduce any potential impacts to less than significant levels. These required mitigation measures include a biological survey of the project site to be conducted prior to any groundbreaking activity in order to identify and mitigate any potential impacts on seasonal migratory birds and burrowing owls. Development of the proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of rare or endangered plants or animals, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Impact Report 2005-560. Finding C: Historic, Cultural, and Paleontological Resources Due to the potential to impact cultural and paleontological resources, the project has a Planning Commission Resolution 2008- Environmental Assessment 2005-560 Tentative Tract 33848 May 27, 2008 been conditioned to require qualified on -site archaeological and paleontological monitors during all ground breaking activities, one of which shall include a Native American tribal member, empowered to stop and redirect earth moving activities as necessary to identify, study, and catalogue any identified resource. As a result, these mitigation measures included in the project approval will reduce the potential impacts to less than significant levels. Although development of the project has the potential to significantly impact an example of the major periods of California history or prehistory, an identified historic resource consisting of an adobe house, the Environmental Impact Report has analyzed the history, composition, and condition of the adobe house and has determined that any impacts resulting from the loss of the historic resource can be mitigated through a detailed HABS/HEIR documentation and recordation process, thus reducing the potential significant impacts to less than significant levels. Finding D: Air Quality The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. The Coachella Valley is in a non -attainment area for PM10, and development of the site will generate PM10; however, mitigation measures to reduce the potential impacts on air quality have been incorporated into the project approval. Finding E: Geotechnical Hazards As the Environmental Impact Report has identified the potential for liquefaction on the project site during an earthquake, the proposed project has the potential to experience a potentially significant impact. However, with the mitigation measures requiring all structures constructed on the site to comply with rigid mat or grade -beam reinforced foundations, any potential impacts from liquefaction will be reduced to less than significant levels. Finding F: Hazards and Toxic Materials The existing structure and surrounding property may contain lead -based paints, asbestos particles, or residual fertilizers or pesticides, which have been identified in the Environmental Impact Report as potentially significant impacts which require mitigation. As a result, the project has been conditioned to prepare a Phase I Environmental Assessment, thus reducing the potential significant impacts to less than 10 Planning Commission Resolution 2008- Environmental Assessment 2005-560 Tentative Tract 33848 May 27, 2008 significant levels. Finding G: Consistency with the General Plan The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. The project is consistent with the General Plan. Finding H: Cumulative Impacts The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. No significant potential effects on environmental factors which cannot be adequately mitigated have been identified by Environmental Impact Report 2005-560. I: Consideration of the Entire Record The Planning Commission has read and considered the Draft Environmental Impact Report, and finds that based upon the information which is currently available to it, the Planning Commission has determined that the content of the DEIR complies with Article 9 of the CEQA Guidelines, Sections 15120 through 15131, and further finds that the DEIR reflects the City's independent judgment. Based upon the information presented to the Planning Commission, the Planning Commission finds that with respect to content and processing, the DEIR has been prepared in compliance with CEQA and the State and local CEQA Guidelines. The Planning Commission further certifies that the DEIR was presented to the Planning Commission, and that the Planning Commission reviewed and considered the information contained in it prior to making its recommendations to the City Council regarding the Project. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 11 Planning Commission Resolution 2008- Environmental Assessment 2005-560 Tentative Tract 33848 May 27, 2008 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Draft Environmental Impact Report. 2. That it does hereby recommend to the City Council adoption of Environmental Impact Report 2005-560 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Planning Department. 3. That Environmental Impact Report 2005-560 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 271h day of May, 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 " E su F Q N� C P C s a>i x y LO � v o Ui Ln 0 V a. V �= _ E > �a� ._ o o o v. VI N n L a. a• � u u �, N M p, C o. O y v: m U N 7V N n' cQ Q. $w p C F E o fa. a o u ' �' > a c > y c E v a oo so N ^J v E w O t £ ,z F cS C — Oro- ti E W O V v o r c o c c o fcl° 3 n ro a v sCL m '- C. o Q 13 = L .U..T,� G�� O d C Cv.OL C m 3� G N P U m y •O 'O U U _N � U1 = 3Cca"��>.ty�=u?O�m.Nyws . -goo�umv V p O ••,�• C 'O . v t C +J N C s . = _ ,«. vi O t=.0 O . _ _ v v s'' ' j R n.N ,c,s 0 0m�v-.�¢3•S � a o•'x o'N F � a_ C] 'a ' _ mo w m-� � c s s c u - 0 3 y u h �_o u� -a.as �v Z o o A'ysdb"u y U'_. m � a. V v '• m o C L C a o ¢ s o a C u u m u �Fav�o FWD 14 oL eG O U C V V N N 6..� U O U z s s n. 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A o N m v A U L N J b Cp N 2 QC A ` o d °.,' o b 19 I 20 c� G 21 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF A 4.8± ACRE PARCEL INTO 12 LOTS LOCATED ON THE SOUTH SIDE OF AVENUE 58, APPROXIMATELY 510 FEET WEST OF MONROE STREET CASE NO.: TENTATIVE TRACT MAP 33848 APPLICANT: DAVID MAMAN DESIGNS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 271h day of May, 2008, hold a duly -noticed Public Hearing to consider a recommendation to the City Council for the approval of a Tentative Tract Map to allow the subdivision of a 4.8± acre parcel into 12 residential lots, located along the south side of Avenue 58, approximately 510 feet west of Monroe Street, more particularly described as: NE'/< OF THE NE% OF SECTION 27, T6S, R7E, SBM APN: 764-180-003 WHEREAS, the Department has prepared a Draft Environmental Impact Report (1"Draft EIR"], State Clearinghouse #2007021060) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft EIR and all related public comments and responses were presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft EIR prior to its recommendations to the City Council on the project application; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 9th day of May, 2008, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 15th, day of June, 2006, reviewed the paleontological resources survey associated with the application, and adopted Minute Motion 2006-008, recommending approval of the paleontological resources survey to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, the Historic Preservation Commission, at their meeting held on the 17th, day of April, 2008, reviewed the Draft Environmental Impact 22 Planning Commission Resolution 2008- Tentative Tract Map 33848 David Maman Designs May 27, 2008 Report and cultural resource survey associated with the application, and adopted Minute Motion 2008-011, recommending approval of the cultural resource survey to the Planning Commission, subject to staff -recommended conditions; 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 a recommendation of approval of the Tentative Tract Map: 1. The proposed map or vesting map is consistent with the City's General Plan and any applicable specific plans. Tentative Tract Map 33848 is consistent with the La Quinta General Plan as proposed. The Tentative Tract Map is consistent with the Low Density Residential (LDR) land use designation as set forth in the General Plan. Tentative Tract Map 33848 subdivides the 4.8± acre site into 12 single family residential lots. The Low Density Residential designation permits single family residential developments of up to 4 units per acre. The project density is consistent with the La Quinta General Plan, in that the development density of 2.61 dwelling units per acre is comparable to existing surrounding residential development. There are no existing specific plans that are applicable to the project site. 2. The design or improvement of the proposed subdivision is consistent with the City's General Plan and any applicable specific plans. The design and improvement of Tentative Tract Map 33848 is consistent with the La Quinta General Plan, with the implementation of the conditions of approval to ensure proper street widths, perimeter walls, and multi- purpose trail design, as well as safe and adequate storm water drainage, street, intersection, entry, and other infrastructure improvements. There are no existing specific plans that are applicable to the project site. 3. 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 design of Tentative Tract Map 33848 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological 23 Planning Commission Resolution 2008- Tentative Tract Map 33848 David Maman Designs May 27, 2008 resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Draft EIR prepared for the Project, which includes Tentative Tract Map 33848, determined that there are no significant impacts to air or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant .levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The design of Tentative Tract Map 33848 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Draft EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Draft EIR prepared for Tentative Tract Map 33848 determined that there are no significant impacts to air or water quality, geology soils, or other significant health or safety -related impacts which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 5. The design of the subdivision or the proposed improvements are not likely to cause a substantial adverse impact on an existing cultural or paleontological resource. The proposed project will not cause a substantial adverse impact on an existing cultural resource, as identified in the Draft EIR, in that the required mitigation measures will reduce the potential impacts to less than significant levels. 6. 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. The design and improvements required for Tentative Tract Map 33848 will not conflict with easements, acquired by the public at large, for access 24 Planning Commission Resolution 2008- Tentative Tract Map 33848 David Maman Designs May 27, 2008 through or use of property within the proposed subdivision. There are existing easements for road, pipeline, and utilities that exist on the property. These easements will be relocated, retained or abandoned as appropriate in order to maintain public and utility access as determined to be necessary in context with the Project and surrounding existing development. 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 recommend to the City Council approval of Tentative Tract Map 33848, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the Conditions of Approval as attached. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 27" day of May, 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 25 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33848 DAVID MAMAN DESIGNS MAY 27, 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 Tract 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 Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. All mitigation measures included in the Environmental Impact Report, Environmental Assessment 2005-560, are hereby included in this approval. 4. This Tentative Tract Map shall expire on June 17, 2010, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department W.. Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • 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. 6. 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. 7. 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 0 ) 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 27 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 8. 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). 9. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 10. 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 28 PAReports - PC0008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 11. 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. 12. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane, 96' ROW) — The standard 48 feet from the centerline of Avenue 58 for a total 96-foot ultimate developed right of way. 13. The applicant shall retain for private use on the Final Map all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets shall be as proposed on the tentative tract map. As the applicant proposes Decorative Landscaped Raised Median Islands that the minimum 20-foot of travel way required by the Riverside County Fire Department, the applicant is conditioned to prohibit on -site street parking, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation. B. CUL DE SACS 1) The cul- de- sac shall conform to the shape shown on the tentative 29 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doe Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 16. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract 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. 17. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 18. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Avenue 58: 25-foot from the R/W-P/L (as shown on the approved tentative map) 19. 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. 20. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 21. 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. 22. 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 30 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848 doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 23. The Applicant is hereby notified that future site modifications are required at the entry drive, Private Street Lot E, to ensure that the centerline of entry drive of the subject tract is coincident with the centerline of entry drive of Tract No. 30092 located on northerly frontage of Avenue 58 across from subject tract. STREET AND TRAFFIC IMPROVEMENTS 24. 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. 25. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 26. The applicant shall construct the following street improvements to conform to the General Plan or as conditioned for this tentative tract map. A. OFF -SITE STREETS 11 Avenue 58: Secondary Arterial with Class II Bike Lane; 96' R/W: Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The south curb face shall be located thirty six feet (36') south of the centerline. Pursuant to this condition, the applicant shall coordinate the design off -site street improvements with Tentative Tract Map No. 33717 to the west and 31 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848-doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 provide improvement plans independent of timing of those improvements to the west on Avenue 58. Other required improvements in the Avenue 58 right-of-way and/or adjacent landscape setback areas include: a. A 6-foot wide Class II Bike Lane shall be constructed along the tentative tract map boundary and as approved by the City Engineer. b. A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Avenue 58 frontage within the landscaped setback. Multi -Purpose Trail boundaries shall be delineated by a 4- inch wide concrete border between the trail and adjacent landscaping. The location and design of the trail shall be approved by the City. The Multi -Purpose Trail shall be set back as far as practicable from the curb and may be installed out of the public right of way. A split rail fence shall be constructed along the roadway side of the multi- purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. A maintenance easement dedication in favor of the City shall be offered for Multi -Purpose Trails. 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). B. PRIVATE STREETS 11 Lot "E" - Private Residential Streets shall be as proposed on the tentative tract map. As the applicant proposes Decorative 32 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 Landscaped Raised Median Islands that restrict the street to the minimum 20-foot of travel way required by the Riverside County Fire Department for emergency access, the applicant is conditioned to prohibit on -site street parking and provide adequate off-street parking for residents and visitors. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and be approved by the Planning Department prior to recordation. The final design of the private street alignment and width shall be subject to future review and approval by the City Engineer. C. PRIVATE CUL DE SACS 1) Lot E terminus cul-de-sac shall be constructed according to the lay- out shown on the tentative map with 38-foot curb radius or greater at the bulb. 27. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. The median break opening shall be a minimum of 25 feet for said turn -around movements as approved by the City Engineer. 28. With the gated entry proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 25 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction 33 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 plans, may require additional street widths as may be determined by the City Engineer. 29. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Secondary Arterial 4.0" a.c./6.0" c.a.b. Or the approved equivalents of alternate materials. 30. 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. 31. General access points and turning movements of traffic are limited to the following: Avenue 58: Full turn access with approved Stop Control. Additionally, the applicant shall be required to line the centerline of the access drive with Tract Map No. 30092 centerline on the north side of Avenue 58 to the best of his ability and as approved by the City Engineer. 32. Improvements shall include appurtenances such as traffic control signs, markings and other devices, street name signs and sidewalks. Mid -block street lighting is not required. 33. 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. 34 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 FINAL MAPS 34. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 35. 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). 36. 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 Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan* E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal 35 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 *Note: The applicant or his design professional may be required to submit interim as well as final off -site street Improvement plans based on Tentative Tract Map No. 33717 Final Map recordation and approved street improvement plans to match edge conditions constructed and/or proposed. The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 37. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and 36 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 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. 38. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 39. 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. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by 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 40. 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. 41. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 42. 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. 37 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 43. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain 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 tract 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 Off -Site Improvements by the issuance of the 3rd Building Permit. 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. 44. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. 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. 38 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 45. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 46. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 47. 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. 48. 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. 39 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 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. 49. 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. 50. 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. 51. Building pad elevations on the rough 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. 52. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Particularly, Tentative Tract Map No. 33717 to the west has been approved for grades that slope to the southerly end of the property that may require adjustment of grades or abutting retaining/perimeter wall improvements of this Tentative Tract Map No. 33848 approval. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, 40 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 53. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 54. 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. 55. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 56. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 57. 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 41 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 City Engineer. 58. 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. 59. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 60. 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. 61. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 62. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 63. 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. 64. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 65. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 66. The applicant shall obtain the approval of the City Engineer for the location of all 42 PSReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 utility lines within any right-of-way, and all above -ground utility structures including, but not limited to electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. The applicant shall provide aesthetic screening and/or painting of said structures as deemed necessary by the Planning Department. 67. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles or greater are exempt from the requirement to be placed underground. 68. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 69. 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. 70. Construction of all structures on the project site shall comply with rigid mat or grade -beam reinforced foundations, based on the final recommendations by the geotechnical engineer, and approved by the Building and Safety Department. 71. Final wall and gate design shall be reviewed and approved by the Planning Commission under a future Site Development Permit application. 72. A permit from the Planning Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject 43 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848-doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 to the provisions of Chapter 9.160 of the Zoning Ordinance. 73. Any ground -mounted 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 above its horizontal plane. 74. Any building -mounted mechanical equipment shall be fully screened from view by an architectural feature, wall, or parapet of sufficient height to fully screen such equipment above its horizontal plane. LANDSCAPE AND IRRIGATION 75. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 76. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 77. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be.signed and stamped by a licensed landscape architect. 78. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 44 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doe Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 79. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 80. 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. 81. Prior to issuance of any street improvement or landscaping plans, the developer shall submit to the Planning Department a detailed construction plan for the project's Multi -Purpose Trail, in accord with General Plan Standard No. 260 "Equestrian Trail Easement Adjacent to Public Street," constructed along the south side of Avenue 58 right-of-way within the 10-foot area designated for such use. This plan shall include access, signage, and detailed design. OUTDOOR LIGHTING 82. Exterior lighting shall comply with Section 9.60.160 (Outdoor Lighting) of the La Quinta Municipal Code. 51. 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. CULTURAL AND ENVIRONMENTAL 83. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, one of which shall be a Native American tribal member. The monitor shall be empowered to stop and redirect earth moving activities as necessary to identify and study any identified resource. The final report of monitoring activities shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the first house on the project site. 84. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of Certificate of Occupancy for the 45 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 85. No clearing, grading, grubbing, demolition of structures, or other site -disturbing activity shall occur until: A. A Historic American Building Survey (HABS) is completed for the property; and B. A Historic American Engineering Record (HAER) is completed for the property. These processes shall be completed according to HABS and HAER established protocols and specifications, and shall include: 1) A series of high quality technical photographs of both the interior and exterior of the building using 4" x 5" large format black and white photographs (at a minimum of each of the elevations), medium format 2" x 2" color photographs, digital, and 35 mm color photographs, all processed and archived to HABS specifications; and 2) The generation of pen and ink scale drawings of the elevations; and 3) The generation of a scaled pen and ink site plan; and 4) A more thorough written analysis of the building's architecture and construction. The studies shall be submitted to the Planning Department for review and approval. No site disturbance, including demolition or alteration of any structure, is to occur until the applicant has received written confirmation from the Planning Department that the HABS/HAER reports have been approved. The applicant shall be required to reimburse the City for any expenses required to engage professional specialist review of the HABS/HAER reports. 86. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified 46 P:\Reports-PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 87. Recovered paleontological specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 88. A report of findings with an appended itemized inventory of paleontological specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 89. Collected paleontological resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 90. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall initiate a protocol -compliant burrowing owl survey, to be submitted and approved by the Planning Department. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permits. 91. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall initiate a protocol -compliant pre -construction nesting bird survey, if construction is to start during the period from February 1 to August 31 of any year. The results of said survey shall be submitted and approved by the Planning Department prior to the issuance of any ground disturbance permits. 92. The applicant shall prepare and submit to the Planning Department a Phase I Environmental Assessment, including an analysis of any lead -based or asbestos 47 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 containing materials, and fertilizer or pesticide residues, prior to the issuance of any demolition or ground disturbance permits. MAINTENANCE 93. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 94. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, trails, and sidewalks. FEES AND DEPOSITS 95. 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. 96. 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). 97. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 98. Tentative Tract 33848 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE DEPARTMENT 99. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- 48 PAReports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc Planning Commission Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs May 27, 2008 hour duration at 20 PSI. 100. The water mains shall be designed to provide for a potential fire flow of 2500 GPM and an actual fire flow available form any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 101. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 102. 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. Any turn -around requires a minimum 38-foot turning radius. 103. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 104. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 105. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 106. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 107. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting, reflectors, and/or signs. 49 P:\Reports - PC\2008\5-27-08\TT 33848 Maman\PC COA TT 33848.doc ATTACHMENT 1 N"LmlFvw CAN Sm CL i1 Lr Y�.lJ J *yl + in r .14 :Ayi aim City Limits ......_.------ Ue%nfd!@Q0...... _... 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