The URL can be used to link to this page

2008 07 22 PC� T . City i of La Quinta C Planning Commission Agendas are now 5 available on the City's Web Page F'Tt 9� @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JULY 22, 2008 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2008-019 Beginning Minute Motion 2008-014 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. 111. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of July 8, 2008. V. PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item .................... Environmental Assessment 2008-593, Tentative Parcel Map 36067, Site Development Permit 2008-902, and Conditional Use Permit 2008-111. Applicant ............. Highway One Eleven Partners, LLC Location .............. Northeast corner of Highway 111 and Dune Palms Road Request ............... Consideration of Plans to Subdivide and Construct Madison Square, an Approximately 92,000 Square Foot Commercial Development Including Retail Spaces, a Health Club, and a Drive -Through Restaurant. Action ................ Resolution 2008-_, Resolution 2008-_, Resolution 2008- , and Resolution 2008- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of July 15, 2008. B. Schedule of Commissioner Attendance at City Council Meetings. C. Commissioner Attendance Update IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on August 26, 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, July 22, 2008 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, July 18, 2008. DATED: July 18, 2008 CAROLYN ALKER, 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 July 8, 2008 CALL TO ORDER 7:03 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, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Manager Douglas Evans, Assistant City Attorney Michael Houston, Associate Planner Jay Wuu, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. C. Chairman Alderson introduced and welcomed Mark Weber, as the new Planning Commissioner to fill the vacancy left by Commissioner Engle. D. Election of Chair: It was moved and seconded by Commissioners Quill/Wilkinson to nominate Ed Alderson as Chair. There being no further nominations, the nominations were closed. Ed Alderson was unanimously elected as Chair. E. Election of Vice Chair: It was moved and seconded by Commissioners Quill/Wilkinson to nominate Katie Barrows as Vice Chair. There being no further nominations, the nominations were closed. Katie Barrows was unanimously elected as Vice Chair. PUBLIC COMMENT: None II. PRESENTATION: None. III. CONFIRMATION OF THE AGENDA: Staff requested the Commission review Business Item B prior to Business Item A. PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doe Planning Commission Minutes July 8, 2008 IV. CONSENT CALENDAR: A. Chairman Ed Alderson asked if there were any changes to the Minutes of June 10, 2008. There being none, it was moved and seconded by Commissioners Barrows/Quill to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Sign Application 2003-720 Amendment 2; a request of Old Town La Quinta, LLC for consideration of a request for an amendment to the Old Town La Quinta sign program allowing the installation of bracket signs for second floor tenants, located on Main Street, Old Town La Quinta; west of Desert Club Drive; east 4f Avenida Bermudas; south of Calle Tampico. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu 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 Was a way to avoid these types of applications in the future. Staff said the proposed language before the Commission would eliminate future need for Planning Commission review. Staff explained the code to the Commissioners. Commissioner Barrows said there was a word missing in the Code about the Director deciding to bring these items before the Commission. Staff gave her an interpretation of the code. Chairman Alderson asked why the applicant was only allowed signs on the north/south face and not the east/west face of the building as noted in the staff report. He commented that was a very heavy wind load for blade signs and wanted to be assured the structural design could handle the load. Associate Planner Wuu said it was a six foot sign that Chairman Alderson was referring to and explained the reasoning for the placement of the signs. The only elevation staff refused was along Calle Tampico. Chairman Alderson asked if there were any other northern exposures. Staff said there wasn't really. P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 2 Planning Commission Minutes July 8, 2008 There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant comments Chairman Alderson asked if there was any public comment. Leslie Locken, Manager for Old Town La Quinta, LLC, 78-100 Main Street, #206, La Quinta CA, introduced herself and thanked staff for a thorough report. There being no questions, or further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to approve Minute Motion 2008-012 recommending approval of Sign Applicant 2003-720, Amendment 2, as recommended. Unanimously approved. B.. Sign Program 2008-1254; a request of Regency Marinita, LLC for consideration of a request for a sign program to serve Jefferson Square Shopping Center, located at the southwest corner of Jefferson Street and Fred Waring Drive. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson noted the various colors of signs for each individual business. He said he was under the impression the Code had been modified so these types of signs would be of more consistent colors. He asked if it could be designed with a more compatible color palette. Chairman Alderson asked if the signs were shown as they were to be prepared. Staff replied they were not. Staff recommended a clause be included stating that the graphics are representative in nature and the signs will be approved on a case -by -case basis. Commissioner Weber noted the Commission had recently reviewed the sign on Dune Palms Road and Highway 111 and said some allowances PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 3 Planning Commission Minutes July 8, 2008 were made for additional signage in that area. He asked if this monument sign was going to have that same type of flexibility with regards to individual signage. Staff replied the proposed sign program doesn't allow for that type of flexibility. Chairman Alderson said the sign portion naming the tenants should be big and bold, not the location of the square. He concurred with Commissioner Wilkinson that the colors should be bold on the tenant signs. He commented on the fact there was only one monument sign on either frontage, not two as outlined in their sign program. There being no questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Ron Breen Ultrasigns, 9025 Balboa Avenue, Suite 150, San Diego, CA 92123, introduced himself and said he was building the monument signs for the applicant. He said he had been working with staff and felt that they had achieved a vary dignified and responsible sign program for the center. He added, with respect to the colors of the letters, the exhibit was just a boiler plate representation that a tenant could use. The intent for the design was to allow for creativity within the confines of the sign dimensions while allowing a tenant to have their corporate colors and logos. He added, with respect to the monuments signs, the applicant was requesting a total of four, realizing there was only a code allowance of one per street. He said the applicant felt this would be a hardship for the tenants; particularly in Shops 1 and 2 which are hidden from the street. He said, in this economy, Regency is desperately asking for the two additional monument signs so they could have enough street panels. The sizing of the signs is within code and the style of the signs are very conservative. The panels on the signs would be routed and the background would be opaque. Only the Jefferson Square portion would be illuminated. It would be distinctive, and a warm representation of the center. He said they would need to have this type of sign in order to market the center's corner spaces, and to show a prospective tenant they would have adequate signage. Commissioner Weber asked if there were going to be 16 individual signs. He said they were double-faced sign, and each tenant would get two - sides of one sign on four monuments. P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 4 Planning Commission Minutes July 8, 2008 Mr. Breen said there would be 16 tenants represented. Commissioner Weber asked if that accommodated all the tenants. Mr. Breen said it did not accommodate all the tenants. The applicant wanted the sign to be classy and architecturally consistent with the Center. There would be some duplication on some of the signs; such as the anchors. So, you would have some redundancy as the bigger players would be represented more often than not. It is based on a first come, first serve basis. They will need some kind of representation on the street to have tenants justify moving in the back locations. The applicant really feels they need the extra advertising. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no public Comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Chairman Alderson said, in fact, the signs were double-faced and the sign actually had four names on it. Mr. Breen said there would only be four tenants per sign. Chairman Alderson said the western side of the project would have a block wall so the approaching visibility would be negligible and the sign would not be of particular value. He agreed the tenants need all the help they could get, but suggested the Commissioners could allow a third sign in the front of the project, angled diagonally. He directed his comments to the other Commissioners and asked if they would be interested in approving that configuration. Planning Director Les Johnson said they were limited to one sign per frontage and gave a definition of the code on aggregate limitation. He said the staff proposals encompass what the Municipal Code allows. Commissioner Wilkinson asked for a definition of Chairman Alderson's comments on which two signs he was referring to. Chairman Alderson pointed to the appropriate sign on the exhibits. PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 5 Planning Commission Minutes July 8, 2008 Chairman Alderson then asked Mr. Breen where he would put the signs if he were limited to only two. Mr. Breen said he would not be able to make that decision. Staff said they did not choose the locations. They could work with the applicant on exact location for the signs. Mr. Breen said typically the sign positions were moved laterally. Chairman Alderson said if the Commission approved the signs, with the conditions as proposed by the staff, would the applicant have the leeway to move the signs. Mr. Breen said they would definitely like four signs. Commissioner Barrows asked if there were examples on Highway 111 where the signs have been allowed. Mr. Breen said that his company also prepared the sign program for Komar Desert Center and that it was approved for two monument signs on a single street frontage. Staff said there have been allowances made in the City's Regional Commercial zoning areas. Businesses in the Neighborhood Commercial Center zoning designation have had no deviations as of this date; only those on Highway 111. Commissioner Weber said he would like to afford the opportunity for the developer to give the tenants sufficient exposure. What concerns him is that we have rules and exceptions to rules. He wondered if there were any other options to the client. He wanted to go through the math. He went over the slides and asked about the dimensions of the signs. Staff explained the dimensions and inclusion of signage. Commissioner Weber brought up the example of the La Quinta Valley Plaza on Dune Palms and Highway 1 1 1 and how their sign was designed. He said identification of Jefferson Square, for direction purposes, was more important than the tenants signs. However, he wondered if the Square identification could be made smaller and then the tenant identifications made larger. He said asking for four signs seemed to be a large exception. He asked if there were two points of egress. Staff said yes. P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-OB.doc 6 Planning Commission Minutes July 8, 2008 Commissioner Weber said road improvements still needed to be made, as well as the addition of a retention basin on the corner which would limit signage on Jefferson, even though that seemed to be the main signage area. He asked if the actual total signage could be reduced to the correct amount of area, would it be possible to make three signs and still have the correct amount of square footage. Chairman Alderson said what Commissioner Weber was suggesting would require the applicant file a variance. Staff said the applicant's representative, through the sign program process, had been afforded additional monument signs. Staff's perspective was it had to do with size and the fact this is zoned Neighborhood Commercial. Staff said, at this time, there is the option to have more than two signs. Commissioner Quill asked if the point of this application coming to the Planning Commission was so they can make modifications. Staff said the Code does allow for some deviations to be considered in accordance with the appropriate provisions. Commissioner Quill said he thought one sign on Jefferson Street and one sign on Fred Waring was adequate. He added the architectural portion of the sign should not be considered part of the sign as shrubbery would grow over it. It will not be obtrusive if it is left as is. One sign on each street is adequate and the applicant has the option of deciding where the signs would be placed. Chairman Alderson suggested if the sign could be amended so the Jefferson Square portion was made smaller and the tenants names were made larger. Sign locations 2 and 3 are logical places to put the signs but the client does have the latitude as to where to place them. The Conditions of Approval allowed for signs to be submitted as signs 2 and 3 along Jefferson Street. Staff asked if that included all other recommendations as submitted. There being no further discussion, it was moved and seconded by Commissioners Quill/ to approve Minute Motion 2008-013 recommending approval of Sign Program 2008-1254, as recommended. Unanimously approved. PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 7 Planning Commission Minutes July 8, 2008 VI. BUSINESS ITEMS: A. Discussion regarding the consideration of the SilverRock Resort Project Programming and Design Recommendations, Plans, Graphics and Various Exhibits Prepared by HAS Design Group for the Various SilverRock Design Components. A summary of the comments included the following: • Questions about the Planning Commission's input into the Hotel design plan. • Question about whether the hotel and the golf course would be identified. • Appreciation thate there is no turf, no water feature, and that it encouraged lower water usage. • Nice color and paver schemes which blend well. • One item not addressed was lighting. Suggested low level and energy efficient equipment as well as accommodating the Dark Sky Ordinance. • Desire for the landscape palette, close to the mountain, include more plantings native to the Coachella Valley rather than the Sonoran -Desert type plantings. • Liked the entry way colors. • Question about the distance from Jefferson Street to the walk-in portals. • Question about the curved masonry walls and the topography behind them, as well as the setback and stacking at the entry gates. • Suggested view windows into the golf course. • Concern for pavement on the crosswalk. • Question about a mixed use pedestrian trail. PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 8 Planning Commission Minutes July 8, 2008 • Entry signalization. • Hotel walkway including public access. • Inclusion of fossils in nodes. • Overall trail system well done. Subject nodes and mapping still needed to be worked out • Concrete sidewalks and horse traffic. • Opportunities for interpretative interaction are great. Suggestion that the developer work with the native Cahuilla tribe. • Consider use of native elements (honey mesquite), on Hotel Drive. Consider recreating the mesquite hummocks. • Use native plants in the Bear Creek Area. • Look at green and sustainable opportunities; such as using sustainable products in place of the concrete pathways. • Walkability of the project was very important. • Commissioner Weber asked if roundabouts were being considered. Would the road be undulated. • Was there traffic calming design included in the plan. • Were the updated CVWD golf requirements incorporated into the new phase. B. Commissioner Comments regarding RDA Project Area #2. A summary of the comments included the following: • Question about meeting the City's overall goal of providing affordable dwellings. • Timing of the rehabilitation of the Washington Street units. II. CORRESPONDENCE AND WRITTEN MATERIAL: None P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 9 Planning Commission Minutes July 8, 2008 Vill. COMMISSIONER ITEMS: A. Chairman Ed Alderson and Planning Director Les Johnson gave brief overviews of the City Council meetings of June 17, 19, and July 1, 2008. Planning Director Les Johnson invited the Commissioners to a Housing Community Forum to be held on July 24, 2008, from 6:00 p.m. to 8:00 p.m. at the La Quinta Library. B. List of Commissioners' attendance. Chairman Alderson noted the absence shown was while he was traveling to a City -sponsored function and he was not absent without leave. C. Chairman Alderson asked if the Commissioners could obtain an updated list of who is supposed to attend meetings. Staff said the list would be available at the next meeting. D. Commissioner Quill asked about the Leeds tour. Staff replied they are still trying to coordinate a tour to Vista Dunes, which would include two Commissioners at a time E. Commissioner Weber asked when the Commission would go dark and was told it would be August 12t". IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Weber to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on July 22, 2008. This regular meeting was adjourned at 8:52 p.m. on July 8, 2008. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc 10 PH #A PLANNING COMMISSION STAFF REPORT DATE: JULY 22, 2008 CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2008-593 TENTATIVE PARCEL MAP 36067 SITE DEVELOPMENT PERMIT 2008-902 CONDITIONAL USE PERMIT 2008-111 APPLICANT: HIGHWAY ONE ELEVEN PARTNERS, LLC REQUEST: CONSIDERATION OF PLANS TO SUBDIVIDE AND CONSTRUCT MADISON SQUARE, AN APPROXIMATELY 92,000 SQUARE FOOT COMMERCIAL DEVELOPMENT INCLUDING RETAIL SPACES, A HEALTH CLUB, AND A DRIVE -THROUGH RESTAURANT LOCATION: NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT 2008-593 FOR TENTATIVE PARCEL MAP 36067 AND SITE DEVELOPMENT PERMIT 2008-902 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE PLANNING DIRECTOR HAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND THEREFORE RECOMMENDS A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. GENERAL PLAN: RC (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) SURROUNDING LAND USES: NORTH: CVWD STORM WATER CHANNEL SOUTH: HIGHWAY 111, RETAIL COMMERCIAL, VACANTLAND EAST: DUNES BUSINESS PARK WEST: DUNE PALMS ROAD, RETAIL COMMERCIAL BACKGROUND Madison Square, an approximately 92,000 square foot commercial/retail development, is proposed to be located on the northeast corner of Highway 111 and Dune Palms Road (Attachment 1, Page 4). The currently vacant 9.5-acre project site is bounded by the Coachella Valley Water District storm water channel to the north and the Dunes Business Park commercial development to the east. The proposed project is approximately 510 feet from the nearest residential property line and approximately 575 feet from La Quinta High School, which are located north and northwest of the project site across the Whitewater channel. PROJECT REQUEST Overview: The Madison Square development includes a total of six buildings with varying commercial/retail uses (Attachment 1, Page 6). Buildings One, Two, Four, and Five, which range in size from approximately 5,000 square feet to 15,000 square feet, consist of commercial retail spaces. Buildings One and Two are located on the north end of the project site, near the storm water channel. Buildings Four and Five are located in a prominent location at the southwest corner of the project site, near the major intersection of Highway 111 and Dune Palms Road. Building Three is proposed to be an approximately 42,000 square foot health club/gym. It is the anchor tenant for this particular retail center, and is located at the northeast corner of the project site. Building Six is proposed to be an approximately 3,200 square foot fast food restaurant with a drive -through. It is located at the southeast corner of the project site, with the drive -through lane running along Highway 111 and wrapping towards the north paralleling the shared entry drive with the Dunes Business Park. Tentative Parcel Map: The applicant proposes to subdivide the approximately 9.5 acre project site into four parcels and one lettered lot (Attachment 2)• Parcels 1 through 4, which range in size from approximately 0.5 acres to 3.7 acres, consist of all the project buildings. Parcel 1, at approximately 3.1 acres, includes Buildings One and Two, and the northern segment of the main parking area. Parcel 2, at approximately 1.9 acres, consists of Building 3, the health club/gym. Parcel 3, at approximately 3.7 acres, encompasses Buildings Four and Five, the southern segment of the parking area, and the Highway 111 landscape setback. Parcel 4, at approximately 0.5 acres, consists of the fast food drive -through restaurant. Lot "A" consists of a right-of-way dedication to the City of La Quinta, including a portion of the perimeter landscaping along Dune Palms Road. Access, Circulation, & Parking: There are multiple access points identified for the proposed development (Attachment 1, Page 4). Access from the east will be taken off the driveway shared with the Dunes Business Park that connects to Highway 111. This driveway provides access into the project at the primary drive aisle south of Building Three and at the delivery and parking drive aisle north of Building Three. Access from the west will be via three driveways on Dune Palms Road. The northernmost access leads to a delivery and parking drive aisle that runs along the northern property line and the storm water channel. This access and driveway will primarily be used for deliveries and employee parking, as the parking spaces along the driveway are at the rear (north) of the retail buildings. A 12' x 45' loading/unloading area for Building One is also located off of this driveway. In addition, this access point is limited to right in and out turning movements. The second Dune Palms Road access is located immediately south of Building 1 and aligns with Corporate Center Drive, which is located across Dune Palms Road. This drive aisle runs along the front of Buildings One and Two, and along the west side of Building Three where it then connects to the site's primary east -west drive aisle. A future traffic signal is identified for this access point, which will facilitate full turning movements in and out of the project site. The southernmost Dune Palms Road access serves as the primary drive aisle for the center. This drive aisle bisects the site and provides direct access to and alignment with the primary drive aisle serving the Dunes Business Park to the east, as well as the shared driveway that connects with Highway 111 . No parking is permitted along this drive aisle. Decorative paving and speed tables will be installed in front of Building Three to emphasize pedestrian access from the health club to the parking area south of the primary drive. This access point is limited to right in and out turning movements. Pedestrian access to and from Dune Palms Road is proposed southwest of Building One and northwest of Building Four. From Highway 1 1 1, pedestrian access is provided southeast of Building Five and southwest of Building Six. Interior pedestrian circulation is provided between Buildings Four and Five and Building Three via a decoratively -paved sidewalk adjacent to landscape planters. Per LQMC Section 9.150.060, a total of 494 parking spaces and nine ADA accessible spaces are required. The applicant is proposing 495 parking spaces, along with nine ADA accessible spaces. The parking areas are proposed to be lit with fully -shielded 100-watt metal halide lights. Architecture: The desert contemporary architectural style of the Madison Square buildings includes a combination of smooth -finished and raked -finished cement plaster walls with varying earth tone finishes (Attachment 1, Page 36). The building facades, which include numerous strategically placed decorative wall sconces, architectural projections and pop -outs, also incorporate concrete masonry walls and clear anodized, dual -glazed aluminum storefronts with recessed down -lighting. The buildings also embody the Desert Contemporary look by utilizing a combination of flat roofs, overhangs, and columns. Due to the corporate colors of the proposed tenant of Building Six, the building incorporates the use of red awnings and shade structures above all windows and doors (Attachment 1, Page 37). Roof heights throughout the project fluctuate in order to provide varying building masses. The height of Buildings One and Two, including all roof projections and pop - outs, ranges from approximately 21 to 27 feet in height (Attachment 1, Page 13). The height of Building Three, the anchor tenant, is approximately 32 feet. However, the height of the rotunda entrance to the building is approximately 40 feet in height (Attachment 1, Page 22). The height of Buildings Four and Five ranges from approximately 20 to 25 feet in height (Attachment 1, Page 28). Building Six, the fast food drive -through restaurant, ranges from 17 to 26 feet in height, due to the varying rooflines and architectural projections. The shade structure over the pickup windows is approximately 13 feet in height (Attachment 1, Page 33). All proposed building heights comply with the maximum building height allowed in the Regional Commercial zoning district, and also comply with all General Plan designated Image Corridor setbacks. Landscaping: Landscaping throughout the project site consists of primarily desert and other low to moderate water use plants (Attachment 1, Page 7). Mostly utilized around the buildings are various trees and shrubs, with minimal use of turf, which has been limited to three lawn areas located in the landscaped area along Highway 111. The proposed tree palette includes Acacias, Desert Willows, Palo Verdes, African Sumacs, and California Fan Palms. The shrub palette includes Hibiscus, Marigolds, Birds of Paradise, and Lantanas, among others. The landscaped area that runs along Highway 111 is proposed to be landscaped with numerous trees, shrubs, and groundcover (minimum 24" box trees; minimum 5 gallon shrubs/groundcover) (Attachment 1, Page 7). A meandering sidewalk runs throughout the landscaped area along Highway 111 and Dune Palms Road, with secondary access points into the project placed at strategic locations in order to allow pedestrians into the center. Placed at various locations along the meandering sidewalk on Highway 111 is City -approved bollard lighting. The area in front of Building Six incorporates a combination of a 3-foot high earthen berm, screen wall between 3'-6" and 4-foot in height, and landscaping in order to minimize viewing of vehicles in the drive -through area from Highway 1 1 1 (Attachment 1, Page 8). Conditional Use Permit: The anchor tenant for Madison Square is a 42,000 square foot health club/gym. La Quinta Municipal Code Section 9.80.040 Table of Permitted Uses states that health clubs over 5,000 square feet in floor area located within the Regional Commercial zoning district require approval of a conditional use permit. The proposed fitness sports club includes various studio workout areas, a pool for lap swimming and water aerobics, racquetball/handball courts, an indoor basketball court, and numerous other health studio amenities (Attachment 1, Page 19). Additionally, personalized exercise training and conditioning programs are offered, as well as a member babysitting/childcare program and a juice and sandwich bar. The proposed hours of operation for the fitness club are 4:00am to 11:00pm, with peak hours of operation occurring between 6:00am to 8:00am and 4:00pm to 8:00pm, Monday through Thursday. The applicant would like the option of modifying hours of operation to become a 24-hour fitness club if mandated by customers or if required to compete with other 24-hour fitness facilities. ANALYSIS Tentative Parcel Map: The design of proposed Tentative Parcel Map 36067, as conditioned, generally conforms to the design guidelines and standards of the City of La Quinta General Plan for Regional Commercial (RC) designated properties, as set forth in the Land Use Element. The proposed site design incorporates street and parcel designs that are in conformance with applicable General Plan goals, policies, and development standards, and will provide adequate circulation, infrastructure, and utilities. Staff also notes that this tentative parcel map application is not subject to the provisions of recently - adopted SB 1185, which relates to extensions of maps which received entitlement prior to July 15, 2008. Typically with commercial parcel maps, a lettered lot is created for the purpose of isolating common area landscaping. By establishing a lettered lot, maintenance of the common area landscaping is managed by a commercial owner's association. The design of the Madison Square parcel map is somewhat atypical, as there is no lettered lot dedicated for common area landscaping, particularly along Highway 111. However, the applicant has established an agreement between all four future parcel owners that addresses landscape maintenance responsibilities. However, if at a future point in time, maintenance of any common area landscaping or amenity becomes a problem, responsibility for resolving the problem lies with the abutting property owner, regardless of the maintenance agreement. Access, Circulation, & Parking: The design of the parking lot and vehicular/pedestrian access is generally acceptable. Staff anticipates the majority of vehicles entering the site will come from the south, by way of either the shared driveway off of Highway 111 or one of the access points on Dune Palms Road. A deceleration lane will be provided for the most southerly Dune Palms Road entrance. A traffic signal is identified on the Public Works Traffic Signal Master Plan for the intersection of Dune Palms Road and Corporate Centre Drive, which would signalize the middle access point to the Madison Square project. The signal is not proposed to be constructed as part of this development but rather after the undeveloped section of Corporate Centre Drive has been constructed and the link between Adams and Dune Palms exists. Within the project, all applicable turning radii for large vehicles, loading/unloading areas, road hierarchy, and pedestrian connectivity meet the La Quinta Municipal Code development standards. The main drive aisle for the project has a clear separation between vehicular and pedestrian paths of travel. The proposed walkway that runs along the south side of the main drive aisle that leads pedestrians from Buildings Four and Five at the southwest corner of the site to the health club and northern half of the project site is sufficient. The decoratively -paved crosswalk and raised speed tables, proposed near the entrance of health club that connects to the walkway are also sufficient, as traffic calming measures are needed for pedestrian safety on the main drive aisle (Attachment 3). Based on the parking requirements in LQMC Section 9.150.060 and the parking analysis done as part of the review process, staff has determined that the proposed parking area design and spaces provided within Madison Square can accommodate the proposed uses. As a result of the peak/off-peak relationship of operating hours between the health club and the proposed tenant uses, an ample amount of parking spaces exist within Madison Square to accommodate health club and restaurant visitors during peak use periods, while also leaving sufficient parking for visitors to the other retail businesses. However, staff has recommended a condition of approval that reduces the number of vehicular parking spaces proposed from 495 to 494 because the parking space located directly north of the southernmost access on Dune Palms Road prevents the design of the access from meeting ADA accessibility requirements. With regards to parking, the applicant is requesting relief from one code requirement. LQMC Section 9.150.060 requires that fast food drive -through restaurants provide at least two "grill spaces" for vehicles awaiting orders already paid for. LQMC Section 9.150.050 states that meeting the standard number of parking spaces based on land use is required, unless the applicant can show to the satisfaction of the city decision - making authority that it does not apply. Staff believes that the applicant's request for this requirement to be waived is legitimate, as the business model for the proposed tenant for Building Six, In-n-Out Burger, renders the grill spaces unnecessary as all food orders are made fresh, and no vehicle is to leave the pickup window without their order. With regards to on -site bicycle parking, per LQMC Section 9.150.060, the proposed health club land use is required to provide bicycle parking equal to a minimum of three percent of the total parking spaces required. Therefore, at a rate of one vehicular parking space per 150 square feet, the 42,000 square foot health club is required to provide 280 parking spaces, which equates to nine bicycle parking spaces, which the applicant has proposed to install near the south side of Building Three (Attachment 3). The La Quinta Municipal Code also requires commercial retail centers to provide five bicycle parking spaces for each tenant having over 20,000 square feet of gross floor area. No tenant spaces within Madison Square, other than the above -mentioned health club, have over 20,000 square feet of floor area, so the code section is not applicable. However, the applicant has voluntarily decided to install a total of twenty additional bicycle parking spaces, five spaces each in front of Buildings One, Two, Four, and Five, thereby exceeding the Municipal Code requirement. Architecture: The desert contemporary architecture and layout of the project site is compatible with the surrounding commercial land uses, and the selected supplemental design elements (pop -outs, varying rooflines, etc.) appropriately enhance the architecture of the buildings by providing sufficient architectural articulation. Overhangs and pop -outs are proposed at locations that provide both architectural variation and solar control, especially along the south and west elevations. The height, mass, and scale of the buildings are concluded to be appropriate for each proposed building location. The proposed project is generally consistent with the development guidelines in the La Quinta Municipal Code. With regards to Image Corridor setbacks and height limitations, LQMC Section 9.90.040 states that the maximum structure height shall be 22 feet for all buildings within 150 feet of any general plan primary image corridor and major or primary arterials. Highway 111 is designated a primary image corridor, and except for architectural projections, Buildings Five and Six, which are located within 150 feet of Highway 111, are 22 feet or less in height. Landscaping: In general, the proposed landscape palette is acceptable. The assorted species of plants provide diversity and add character to the proposed buildings. The use of numerous California Fan Palms, as well as Desert Willows, Palo Verdes, and African Sumacs properly reflect the Desert Contemporary architectural style, while providing sufficient screening and accents around the project site, including the parking lot area, pedestrian circulation areas, and outdoor use areas. And landscape screening in the form of an earthen berm, wall, and trees sufficiently screens the drive -through along Highway 111 near Building Six. Conditional Use Permit: The staff analysis has concluded that the anchor tenant health club/gym will be able to operate within the Madison Square commercial/retail development with minimal impacts on the other proposed on -site and existing surrounding uses. The proposed health club is consistent with the land use designation of Regional Commercial for the proposed location. The scheduling of fitness center -related functions is anticipated to be complementary to the existing surrounding uses. The most intensive uses of the gym would for the most part take place during periods when most of the other uses on the site are closed, particularly weekday mornings. However, weeknight peak hours, between 4:OOpm and 8:OOpm, may affect other uses, specifically the fast food drive -through restaurant, as the peak hours are approximately the same times. The peak hour impact of the two uses will be minor, as the fast food restaurant is primarily drive - through oriented, and that ample parking will exist to accommodate the peak hour parking demand. A condition of approval has been added with regards to the option proposed by the applicant concerning a change in hours of operation from 4:OOam — 11:00pm into a 24-hour fitness center. The condition of approval states that any changes to the proposed health club, including operating hours, shall be reviewed and approved by the Planning Director. HISTORIC PRESERVATION COMMISSION REVIEW On May 15, 2008, the Historic Preservation Commission reviewed and accepted the property owner's Phase I Cultural Resources Survey Report. As a result of the report, an archaeological site was discovered on the subject property, and subsequent Phase II testing and evaluation of the identified archaeological site commenced. As a result of the testing, a limited quantity of artifacts, including hardened/fire affected clay, ceramic sherds, shell, fire -affected rock, groundstone, chipped stone debitage and small fragments of animal bone were found. Human cremated remains were also found during the excavation. The Torres Martinez Band of Desert Cahuilla have been determined to be the most likely descendents by the Native American Heritage Commission and therefore they observed the excavation and removal of the human remains. The cremation feature is of importance to the Native American culture. As a result, the cremation feature constitutes a "historic Resource" under the California Environmental Quality Act (CEQA) requiring mitigation to a level less than significant. This will be achieved by repatriation of the Native American remains to the Torres Martinez Desert Cahuilla Indians, completion of the laboratory analysis of the artifacts, and submission of the final report to staff. The collected artifacts are not expected to provide new information about the prehistory in the area. Therefore, no further archaeological excavations are deemed necessary. The HPC accepted the archaeological evaluation report, subject to monitoring of the site for archaeological resources. Staff has incorporated those measures adopted by the HPC into the Conditions of Approval. ALRC REVIEW On July 2, 2008, the Architecture and Landscape Review Committee reviewed these architectural and landscaping plans, and unanimously recommended approval of the site development permit, subject to the following staff -recommended conditions of approval (Attachment 4): 1. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 2. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 3. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 4. 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 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. 5. 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. 6. All air conditioning/mechanical equipment shall be completely screened from view within the rooftop areas. 7. All trash enclosures and materials storage areas shall be painted a color and finished consistent with the buildings. S. All trees located within the parking lot areas shall have a minimum trunk caliper of 2.5 inches and height of 10 feet. All trees within the parking areas shall meet or exceed the shading requirements specified under LQMC Section 9.150.080 Parking. Should the proposed African Sumac and Palo Verde shading coverage be deemed insufficient, the applicant shall utilize an alternative tree subject to review and approval by the Planning Department. 9. All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. 10. Pedestrian amenities (i.e. benches, tables, and sitting walls) shall be installed in close proximity to the plaza area between Buildings Two and Three. Placement locations and amenity type shall be reviewed and approved by the Planning Department prior to installation. 11. A pedestrian access shall be installed that connects the proposed decoratively -paved crosswalk at the intersection near the northeast corner of the building to the northern Building Six entrance. A path shall be installed in the landscaped area, the proposed Palo Verde tree shall be removed, and the sidewalk across the restaurant drive -through shall be decoratively paved. 12. Bicycle racks that can accommodate a minimum of nine bicycles shall be placed on -site in shaded locations, out of the way of pedestrian flows, and shall contain a mechanism which permits locking a bicycle onto the racks. Much of the discussion focused on pedestrian circulation and amenities within the project site, as the ALRC was generally pleased with the site design, building architecture, and project landscaping. With regards to the pedestrian circulation areas, staff recommended that an access be installed that connects the proposed decoratively -paved crosswalk at the intersection near the northeast corner of Building Six, the fast food restaurant, to the northern building entrance, as there was minimal pedestrian access to this particular building. With regards to pedestrian amenities, staff recommended the installation of pedestrian amenities, such as benches, tables, sitting walls, and the nine bicycle racks required by the LQMC, and also recommended that the ALRC discuss the placement of on -site pedestrian amenities in the area between Buildings Two and Three, as well as any other alternative locations. The ALRC concurred with staff's recommendations, and subsequently established conditions of approval requiring the access and placement of pedestrian amenities (see aforementioned ALRC conditions 10 and 11). Environmental Review The City of La Quinta Planning Department has prepared Environmental Assessment 2008-593 for Tentative Parcel Map 36067 and Site Development Permit 2008-902 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact be certified. Public Notice This project was advertised in The Desert Sun newspaper on July 3, 2008, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the Planning Commission hearing. FINDINGS Findings to recommend approval of this request can be made and are contained in the attached Resolutions. RECOMMENDATION 1. Adopt Planning Commission Resolution 2008-_, approving a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2008-593, subject to the attached Findings and Conditions of Approval; and, 2. Adopt Planning Commission Resolution 2008-_, approving Tentative Parcel Map 36067, subject to the attached Findings and Conditions of Approval; and, 3. Adopt Planning Commission Resolution 2008-_, approving Site Development Permit 2008-902, subject to the attached Findings and Conditions of Approval; and, 4. Adopt Planni g Commission Resolution 2008- , Conditional Use Permit 2008-111,bject to the attached Findings and Conditions of Approval. by: Y WT1YJ Associate Planner Attachments: 1. Madison Square site development booklet 2. Tentative Parcel Map 36067 3. Revised planting plan showing pedestrian amenities 4. ALRC Minutes for July 2, 2008 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND MITIGATION MONITORING PROGRAM PREPARED FOR MADISON SQUARE TENTATIVE PARCEL MAP 36067 AND SITE DEVELOPMENT PERMIT 2008-902 CASE NO.: ENVIRONMENTAL ASSESSMENT 2008-593 APPLICANT: HIGHWAY ONE ELEVEN PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of July, 2008 hold a duly noticed public hearing to consider a request by Highway One Eleven Partners, LLC to adopt Environmental Assessment 2008-593 and its associated mitigation monitoring program, prepared for Tentative Parcel Map 36067 and Site Development Permit 2008-902, known as Madison Square - a 9.24 acre retail commercial shopping center, generally located north of Highway 111 and east of Dune Palms Road, more particularly described as: APN: 600-030-018 WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-593) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non - significance, and that a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring Program should be adopted; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 15" day of May, 2008, reviewed the cultural resource survey, and adopted Minute Motion 2008-002, recommending approval of the cultural resource survey to the Planning Commission, subject to staff -recommended conditions; 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 adoption of said Environmental Assessment: 1. The proposed applications 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 Assessment Planning Commission Resolution No. 2008- Environmental Assessment 2008-593 Highway One Eleven Partners, LLC July 22, 2008 2008-593. 2. 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, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Potential impacts associated with biological and cultural resources can be mitigated to a less than significant level. The site does not contain significant paleontological resources. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain significant biological resources. 4. 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. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. 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. The project is consistent with the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2008-593 and said assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.51d1. Planning Commission Resolution No. 2008- Environmental Assessment 2008-593 Highway One Eleven Partners, LLC July 22, 2008 10. 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: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby adopt Environmental Assessment 2008-593, which include a mitigated negative declaration and mitigation monitoring program, for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Planning Department. 3. That Environmental Assessment 2007-593 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of July, 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 Environmental Checklist Form Project title: Site Development Permit 08-902, Tentative Parcel Map 36067, Madison Square 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Jay Wuu 760-777-7125 4. Project location: Northeast corner of Dune Palms Road and Highway 111. Assessor's Parcel No. 600-030-018 5. Project sponsor's name and address: Highway One Eleven Partners LLC c/o Sobel Enterprises 420 S. Beverly Drive Beverly Hills, CA90212 6. General Plan Designation: Regional 7. Zoning: Regional Commercial Commercial 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The Parcel Map is proposed to divide a 9.24 acre site into four commercial parcels. The Site Development Permit will allow the construction of a retail commercial shopping center, including a 47,000 square foot anchor store, located in the northeast corner of the property; a 26,594 square foot building located along the northern boundary of the site; a 15,429 square foot building located at the southwestern comer of the site; and a 3,265 square foot building, located at the southeast corner of the site. In total, 92,288 square feet of space is proposed. No specific tenants have been identified, but a multi -tenant complex is anticipated. Access to the site will occur from two access driveways on Dune Palms Road, one located approximately 320 feet north of Highway 111, and allowing right -in -right -out turn movements only; and the other located approximately 550 feet north of Highway 111, and allowing full turn movements. An access point will also be available on the east property line, approximately 260 feet north of Highway 111, via an existing driveway access to the commercial development to the east. This driveway will allow full turn movements. All structures within the project are proposed to be single story, ranging in height from 16'8" to 46'8". The tallest building, located in the northeast corner of the property, includes a rotunda which will extend to the maximum proposed height of 46'8". The buildings adjacent to Highway I I I will have a maximum height of 25' 8". 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Whitewater River South: Highway 111, existing commercial development beyond East: Existing commercial development West: Dune Palms Road, existing commercial development 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlieqEIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) hav been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLA TION, including revisions or mitigation measures that are imposed'ton the Rropted project, nothing further is required Date -3- TW a a �'@!$•'I I�6•zgin �y1I`!a pj ��$i9�f;$ a$ €lili;� jae as :s 4jt :t 133tl1> : O�Sy3�33"—> I _ 3Nal a3NNPa0dON =li .1 133tll5`OSa`3R33� 1 f� Y INM qYqF Y PR PQFPE E eE: i� eg 4P4F9 e �aa 3= L 9e :aaea B B B o RRa k EER ' W-M g p y i`F6S4 d d F &4- 4a�` i gog�8§sBn as g€"gg gn@� yy G Q ail i wSA%�d 4••� s E � A � 'atl F.a :g. pJg W W � SY�Y'F eF end �OR� �R9 Y ea 4i46tl d7: a �R� 1.6 N p5k• a_ F a F F6 a i 4 z ;P Ep.€Ea gq� !°@y§Y p64� aQ,yY 96@Y �C aj]an piA a9 FSn6 P'E 9 PP bb EAR p w' i!a ip Ff ia9P1! �.frtl tl'ii B'SpA q iii R F FRF'.i BBT bs E`qY 9pYpy �4t4n• �� it d B6 gea 9Sa 9F 9@ S aS� 14d7F• �Bv . u AP-ill • i pFs -Gp aa; 9 %�%iS'a �"s84� u ! R q q ! L yyh £ i 9 i R 4 BF P p{ y y i i qdq bb 333� �t88 3ty F�� i hIR� �^ �4 EyY Pp• �' P j4 2i dS`diS A�� n aFe `t� @ E &SB �Sa 6 g nRB .Y _ QPR 99 d tl � ;It P P Yi ]i f R SY9 •E� poi �W� wqa eF� } Yt i�l� ( ! \� �R a 8 3a a&p 4[a4[ fy 80 000 frfM1YIIX in' y8' $$ PPA S iii ! E s!C3 ee 4 d 41 ® d EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 0 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors") b) Substantially damage scenic resources, including, but not limited to, trees, rock X outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing visual character or quality of the site and X its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed project occurs on Highway 111, the City's primary commercial corridor. The proposed project includes buildings typical of a commercial corridor, ranging in height from 17 to 46 feet. The views in the vicinity are to the west and south, including the Santa Rosa and San Jacinto mountains. The proposed project will not impact these views for residential development occurring to the north, insofar as the intervening Whitewater River channel provides distance and separation, and the project is oriented to the south and east. The project is also required to conform to the requirements of the Primary Image Corridor, as established in the General Plan and Zoning Ordinance, and will be required to limit building heights adjacent to the Highway, and enhance parkway landscaping. These standard requirements will assure that impacts associated with scenic vistas remain at a less than significant level. There are no significant stands of trees, historic structures or rock outcroppings on the project site. The site is vacant, and contains only sparse native vegetation. No impacts are expected. The project site is the only significantly sized remaining vacant parcel in this area of Highway 111, and proposes development consistent with the existing commercial development already occurring in this area. The project will not change the visual character of the area. No impacts are expected. d) The project site is currently vacant, and therefore project development will increase light levels emanating from the site. The lighting generated by the proposed project will be from parking lot lighting and vehicle headlights. The level of lighting is 7- expected to be consistent with that already occurring in the area, and will not significantly increase lighting levels in the area. Impacts are expected to be less than significant. 53 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. I11-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (zoning Map) c) Involve other changes in the existing environment which, due to their location X or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) The project site is located in the City's urban core, surrounded by existing commercial development. There are no agricultural lands within several miles of the proposed project. No Unique Farmlands or Farmlands of Statewide Importance are located in the vicinity of the proposed project. There are no Williamson Act contracts on the site. The area has been designated for regional commercial development for at least fifteen years, and has not been in agriculture. No impacts associated with agricultural resources will occur. In Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (General Plan EIR) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (General Plan EIR) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- X attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (General Plan EIR) d) Expose sensitive receptors to X substantial pollutant concentrations? (General Plan EIR) e) Create objectionable odors affecting a X substantial number of people? (Application materials) III. a) The proposed project is consistent with the General Plan land use designation assigned to the site. The South Coast Air Quality Management District (SCAQMD), which has jurisdiction over air quality management in the City and the region, has based its air quality management planning on each jurisdiction's General Plan. Therefore, the proposed project was considered in SCAQMD planning efforts, and is consistent with the air quality management plans in effect for the City. b)- e) The City, and Coachella Valley, are in non -attainment for PM10 (particulate matter of 10 microns or smaller). The City can be subject to high winds, which can suspend dust and sand in the air, and cause unhealthful conditions. The proposed project will result in air emissions associated with grading of the project site; construction of the proposed buildings; and operation of the project in the long term. In the case of grading activities, fugitive dust will be generated. Table 1 illustrates that the project, when mass graded, will generate up to 243.9 pounds of fugitive dust per day. The City requires, however, that all projects prepare and implement a fugitive dust 1112 management plan, which addresses mitigation of dust impacts. This standard requirement will assure that impacts associated with fugitive dust are reduced to less than significant levels. Table 1 Fugitive Dust Potential (bounds Der dav) Total Acres to be Factor Total Potential Dust Disturbed at Buildout (Ibs./day/acre) Generation (Ibs./day) 9.24 26.4 243.9 South Coast Air Quality Management District, " CEQA Air Quality Handbook" In addition to fugitive dust, the proposed project will generate air emissions from the heavy equipment used in the grading process. These emissions, and the emissions generated by the worker trips associated with this phase of construction, are summarized in Table 2. As shown in the Table, grading equipment air emissions will not exceed SCAQMD thresholds of significance, and impacts will be less than significant. Table 2 Grading - Related Exhaust Emissions Summary (pounds per day) ROG CO NOx sox PMtn Equipment Emissions Workers' Vehicle Emi 14.35 120.14 88.35 5.54 14.02 6.27 0.67 0.00 0.05 Total Construction Emissions 14.35 126.41 89.02 5.55 14.07 SCAQMD Thresholds of Significance 75.00 550.00 100.00 150.00 150.00 Following project grading, construction will commence. This phase of the project is assumed to generate air emissions associated with heavy equipment, offgasing from asphalt application, and reactive organic compounds associated with paint and architectural coating applications. These potential impacts are quantified in Table 3. As shown in the Table, construction activities will not exceed SCAQMD thresholds of significance, and impacts are expected to be less than significant. Table 3 Aggregate Construction - Related Emissions (Bounds oer dav) ROG CO NOx sox PMIO 97.01 76.18 15.02 2.67 Equipment Emissions 11.89 Workers' Vehicle Emissions - 48.08 5.10 0.03 0.43 Asphalt Paving Emissions 6.55 - - - - Architectural Coatings Emissions 55.50 Total Construction Emissions 73.94 145.09 81.28 15.05 3.10 SCAQMD Thresholds of Significance 75.00 550.00 100.00 150.00 150.00 When construction is complete, the primary source of air pollutants generated by the project will be from vehicle trips to and from the project site. The traffic study prepared for the proposed project anticipates a peak of 4,493 daily trips on a Saturday. Based on these trips, the emissions from the vehicles can be estimated. The emissions associated with the long term operation of the proposed project at build out are illustrated in Table 4. Table 4 Moving Exhaust Emission Projections at Project Buildout (bounds oer dav) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 4,493 x 10 = 44,930 Pollutant CO NOX ROG SOX PM10 Pounds 435.2 45.2 44.6 0.5 3.9 SCAQMD Thresholds 550.0 55.0 55.0 150.0 150.0 As illustrated in the Table, the long term operation of the proposed project will not exceed thresholds of significance established by SCAQMD. Impacts are expected to be less than significant. Obiectionable Odors The proposed project is likely to include retail shops, and restaurants. Although the restaurants are likely to generate cooking odors, these are not expected to be objectionable. No impacts are expected. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) 13- IV. a) The proposed project is vacant, and has been significantly impacted by surrounding development, off road and pedestrian activity, and similar disturbances. The project site consists of Creosote Bush scrub habitat, which is the most common habitat type in the City. No species of concern, as identified in the General Plan, are anticipated to occur on the project site. Common species are expected to utilize the site, and will be displaced by project development. No trees occur on the project site, so it is not likely to provide nesting opportunities for birds. Impacts associated with development of the proposed project are expected to be less than significant. b)-f) The project site does not contain any riparian areas or wetlands. The project site is isolated, being surrounded by development, and does not provide a migratory corridor. No policies relating to biological resource preservation will be affected by the proposed project's build out. No impacts are expected. The project area is not located within a conservation area of the Coachella Valley Multiple Species Habitat Conservation Plan and the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. The project site is not within a conservation area in either Plan. The proposed project will be required to participate in whichever Plan is in place at the time of building permit issuance, through the payment of fees. No impact is expected. 6[E Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? (General Plan MEA p. 123 ff.) b) Cause a substantial adverse change in the significance of an archaeological X resource pursuant to ' 15064.5? (General Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V.a), b) & d) The project site is vacant, and does not contain any historic structures. The area of the project site, however, has yielded considerable archaeological resources, and therefore a cultural resource study was prepared'. The study included both a records search and a field investigation. The records search identified that most of the lands surrounding the project site have been studied, and that a number of recorded sites occur in the immediate vicinity. The field investigation identified a previously unidentified site, consisting of prehistoric daub/bumed clay, ceramic pot sherds, and fire affected rock. The study concluded that although the find is not potentially significant in and of itself, it may be indicative of buried resources, which could be unearthed during the grading and excavating process. This would constitute a potentially significant impact which requires mitigation, as follows: 1. Prior to any ground disturbing activity on the site (including grubbing), a Phase II site excavation shall be conducted by a qualified archaeologist. The investigation shall include surface collection of artifacts, excavation of archaeological test units, laboratory analysis of the recovered artifacts, permanent curation of the artifacts at an appropriate facility, and the preparation of a final report, to be submitted to the City for review and approval. Implementation of this mitigation measure will assure that impacts associated with the proposed project will be reduced to less than significant levels. "Historical/Archaeological Resources Survey Report Assessor's Parcel No. 600-030-018," prepared by CRM Tech, March 2008. 15- The proposed project site is not known to have been the location of a burial ground. California law requires that contractors immediately notify law enforcement officials should human remains be identified when grading occurs on the project site. This requirement assures that impact to human remains will be less than significant. V. c) The project site occurs outside the boundary of ancient Lake Cahuilla, where fossilized mollusks and bivalves have been identified. The soils in the City outside the Lake boundary are primarily young alluvial soils transported into the area from surrounding mountains, and do not have potential for harboring paleontological resources. No impact is expected. -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or X the loss of topsoil? (General Plan MEA Exhibit 6.5) c) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (General Plan MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-d) The proposed project site is not located in an Alquist-Priolo Earthquake Fault Zone. The site, and the City in general, are located in a seismically active area, and will experience strong groundshaking during an earthquake. The City implements the most stringent building code requirements through implementation of the Uniform Building -17- Code provisions for seismically active zones. This requirement assures that impacts associated with groundshaking and construction will be less than significant. The project site is located in an area of the City where groundwater occurs at more than 50 feet below the surface, making the site unlikely to be subject to liquefaction. The project site is flat, and surrounded by flat lands, and will not be subject to landslides or rockfalls. The project site will be subject to erosion during construction, from both wind and water hazards. The proposed project will be required to implement a fugitive dust management plan, which will include water stabilization during grading, and other measures, as determined by the City, to assure that wind erosion impacts are less than significant. Water erosion will be controlled through the City's requirement associated with NPDES standards, to which the proposed project will be subject. These will include the preparation of a Storm Water Pollution Prevention Plan (SWPPP) which will include best management practices to assure that storm water flows leaving the site are not polluted, and do not include silt. These City requirements will assure that impacts associated with implementation of the proposed project will be less than significant. The City's soils are not expansive, as they consist of sands and silty sands. The proposed project will be required to connect to sanitary sewer facilities, and will not include septic tanks. No impacts are expected. _Is_ Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X ull significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The proposed project will result in the development of a multi -tenant commercial center. The center is likely to include a wide range of retail enterprises. These enterprises will store and utilize small quantities of hazardous materials for cleaning and similar activities. These will be in small quantities, and disposed of through the standards established by the City's solid waste provider. It is also possible that the space in the proposed project will be occupied by dry cleaners or pool supply businesses, for example, which store or use larger quantities of hazardous materials. These businesses are regulated by the County's Department of Environmental Health, and by the Fire Department, whose standards and requirements assure that storage and disposal of materials is handled in a safe manner. These standards and requirements assure that impacts associated with the use and storage of the materials remain less than significant. The site is not within the boundaries of the airport land use plan. The proposed project site is not listed as a compromised site on any state or federal database. The proposed project is not located within `/4 mile of a school. There are no wildlands located adjacent or near the project site. NO Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (General Plan EIR p. I11-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR p. 1II-187 ff.) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?(General Plan EIR p. I11-187 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental WE Assessment Exhibit 6.6) VIII. a) & b) The proposed project will be connected to the Coachella Valley Water District's (CVWD) sanitary sewer system. The CVWD maintains its facilities in compliance with all wastewater discharge requirements. To protect against the potential contamination of storm water, the proposed project will be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. The proposed project will require potable water for the businesses and for landscaping irrigation. The CVWD will provide water to the project site. The proposed project is consistent with, and less intense than, the land use designation of Regional Commercial. The CVWD utilized this land use designation, and a higher intensity land use scenario, in the development of its Urban Water Management Plan. The Plan identified existing and future water sources, and determined that sufficient supplies exist to provide domestic water to the project and City. The City will also require the implementation of water conserving construction methods, consistent with the Uniform Building Code. Finally, the project will be required to comply with CVWD's landscaping standards, which require water conservation through drought tolerant landscaping and extremely efficient irrigation systems. These requirements will assure that impacts associated with the proposed project are less than significant. VIII. c) & d) The City requires that projects prepare hydrology analysis, and such an analysis has been completed for the proposed project?. The study found that the project site drains to the Whitewater River in its current condition. The hydrology study designed a system of on -site pipes to convey storm waters, after treatment, to the River. The proposed project will also collect nuisance water on site, and will not release these flows to the River. The project is also designed to include treatment facilities to assure that the requirements of the City relating to NPDES standards are maintained through the life of the project. The City Engineer will continue to review, and will ultimately approve, the final hydrology analysis, which will be based on final plans for the project. These City requirements will assure that the impacts associated with storm flows on the project site are less than significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. No impact is expected. 2 "Preliminary Drainage Study Madison Square," prepared by RBF Consulting, June 2008. WN Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) IX. a)-c) The proposed project site is currently vacant, and development of the site will have not impact on an established community. The proposed project will result in a multi -tenant retail commercial center, consistent with the land use designation of Regional Commercial assigned to the site in the General Plan and Zoning Ordinance. No impact associated with land use plans is expected. The proposed project is within the fee area for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. The proposed project will be required to comply with that Plan, or with the provisions of the Coachella Valley Multiple Species Habitat Conservation Plan, should it be implemented at the time of development. -23- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The project site is and has been designated for regional commercial development, and does not occur in the vicinity of any mining activities. No mineral resources are expected to occur within the project site, and no impact is expected as a result of implementation of development on the site. -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. I I I ff.) b) Exposure of persons to or generation X of excessive groundbome vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. I I I ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. III ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project consists of commercial development on Highway 111. No sensitive receptors are expected to occur on the property. The City's standard allows for exterior noise levels of 75 dBA CNEL within commercial projects. The General Plan identified noise levels of 66.5 dBA CNEL at Dune Palms and Highway I11. Since that time, with the increases in traffic on Highway 111, noise levels have risen, but they are still expected to be about 70 dBA CNEL at General Plan build out. Therefore, although the project is located in an impacted area, the noise levels at the -25- site will be below the City's standards, and the impacts associated with long term operations of the center will be less than significant. The project will result in elevated noise levels during the construction process. The site is surrounded by commercial development, and no sensitive receptors occur in the area. Although noise levels in excess of General Plan standards are likely to occur for short periods, depending on the equipment or construction activity, these levels will be during the noisier day time hours, and will not significantly impact the noise environment in the area. Impacts are expected to be less than significant. The project's construction may also generate some vibration, depending on the construction equipment required. This condition will be temporary and periodic, and is not expected to impact sensitive receptors, since the proposed project is surrounded by existing commercial development. The impacts are expected to be less than significant. The project site is not located within the noise contours of any airport or airstrip. -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project will result in the development over just over 92,000 square feet of commercial retail space. The relatively small scale of the project indicates that the uses likely to occur are more "neighborhood" oriented, rather than regional commercial uses. As a result, the uses to be located within the project will occur in reaction to residential growth in the community, and will not induce residential growth in the community. The proposed project occurs in an area which is fully serviced by infrastructure, and will not extend roadways or utilities. The project site is vacant, and will not result in the destruction of housing, or the displacement of people. Overall impacts associated with population and housing are expected to be less than significant. -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) The proposed project will result in some increases in demand for police and fire services. However, the project will be required to pay Impact Fees, which are structured to include the additional facilities required to accommodate additional land uses in the City. In addition, the proposed project will generate sales and use tax, and property tax, which will offset the costs associated with providing additional services. The proposed project will pay the mandated school fees in place at the time of development. These fees are designed to offset the costs associated with new development, and allow the school district to construct new facilities. The construction of a retail center will have no direct impact on parks. The indirect impact associated with the population in the City will be offset by the payment of Quimby fees, which are designed to allow the City to purchase land for parks as the need arises. Overall impacts associated with public services and facilities are expected to be less than significant. -28- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) As stated above, the proposed project will have no direct impacts on recreation. No recreational facilities will be displaced, as the site is vacant. No impact is expected. -29- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials) e) Result in inadequate emergency X access? (Application materials) f) Result in inadequate parking capacity? X (Application materials) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) XV. a)-g) A traffic impact analysis was prepared for the proposed project'. The analysis included a review of existing conditions, an estimate of growth in traffic based on cumulative projects, and an analysis of the project's impacts in relationship to existing and future conditions. "Madison Square Traffic Impact Analysis," prepared by RBF Consulting, June 2008. -30- The analysis included the study of five area intersections: Adams Street at Highway 111; Dune Palms Road at Westward Ho Drive; Dune Palms Road at Highway 111; Dune Palms Road at Avenue 48; and Jefferson Street at Highway 111. The analysis found that all five intersections are operating at level of service B or better during the weekday PM peak hour and the Saturday mid -day peak hour, with the exception of Jefferson Street and Highway 111, which operates at level of service D during these two time periods. The analysis also calculated the projected trips for the proposed project, and found that on a weekday, the project will generate 3,846 daily trips; while on the weekend, a total of 4,493 trips would be generated each day. During the week, the project would generate 229 evening peak hour trips, and on weekend days would include 340 mid- day peak hour trips. The study applied the project trips to the studied intersections, and found that all five intersections would continue to operate at acceptable levels of service, with the addition of project traffic. The analysis then added cumulative projects from both the City of La Quinta and the City of Indio, and considered the impact of the addition of the proposed project as well. This analysis found that with cumulative projects and the proposed project, the five studied intersections would continue to operate at level of service D or better, both under existing and future conditions. Overall, therefore, the proposed project is expected to have a less than significant impact on traffic and circulation levels of service, and will not significantly impact cumulative levels of service. The Fire Department will continue to review projects to assure that emergency access to and from any project is sufficient. The proposed project wll be required to provide parking consistent with the Zoning Ordinance. The proposed project occurs on Highway 111, which is within SunLine Transit's route area. Access to public transit will be in the immediate area of the proposed project. The proposed project is not within the influence area of an airport or airstrip. Overall impacts associated with transportation and traffic are expected to be less than significant. -31- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) -32- XVI. a)-g) The proposed project will connect to CVWD facilities for both domestic water and sanitary sewer. CVWD has sufficient capacity to accommodate the proposed project, and also has the ability to expand the wastewater treatment plant as regional needs require. The proposed project will design its stone water drainage to continue the existing condition, and release water into the Whitewater River. The proposed project will not require the expansion of existing storm drainage facilities. As stated above, the proposed project is consistent with the Regional Commercial General Plan land use designation assigned to the parcel. That designation was used by CVWD to determine domestic water demand in its service area. The analysis concluded that the CVWD has sufficient water available, now and in the future, to serve the proposed project. Impacts are therefore expected to be less than significant. Solid waste will be collected by Burrtec, the City's solid waste franchisee. Burrtec currently hauls City solid waste to the Edom Hill transfer station. From there, waste is transported to one of several regional landfills, including the Lambs Canyon, Badlands and El Sobrante landfills. These landfills have sufficient capacity to accommodate the proposed project. Burrtec is also required to comply with all City, regional, state and federal requirements for the disposal of solid waste. Overall impacts associated with utilities are expected to be less than significant. -33- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage X of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) There are no biological resources of concern on the project site. The potential for cultural resources has been identified in this Initial Study, and mitigation measures have been included to assure that these impacts are reduced to less than significant levels. XVII. b) The proposed project is consistent with the regional commercial vision for the area, and will have no significant impacts which cannot be mitigated. The project will meet the City's goals of expanding its tax base to assure adequate provision of services. XVII. c) The Initial Study includes analysis of cumulative impacts where appropriate, and has found that no cumulative impact, particularly associated with traffic, will occur as a result of the proposed project. -34- XVII. d) The proposed project will have less than significant impacts associated with air quality, noise and traffic and circulation, which could directly affect human beings. -35- XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. General Plan EIR, 2002. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -36- / §° ; \\ § lu { \ \ 4 \ \ j a \) (/ � § 7 ) . ( � - 2�\ ƒ- �/- *-§ 00 \2/ ; \% § a -- rA u to ® )\ PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36067, SUBDIVIDING ±9.5 ACRES INTO FOUR COMMERCIAL PARCELS FOR MADISON SQUARE CASE NO.: TENTATIVE PARCEL MAP 36067 APPLICANT: HIGHWAY ONE ELEVEN PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of July, 2008 hold a duly noticed public hearing to consider a request by Highway One Eleven Partners, LLC to subdivide ±9.5 acres into four parcels, generally located north of Highway 111 and east of Dune Palms Road, more particularly described as: APN: 600-030-018 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2008-593 for Tentative Parcel Map 36067 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following findings to justify their approval of Tentative Parcel Map 36067: 1. The design of proposed Tentative Parcel Map is consistent with the city general plan in that its street design and parcels are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat because mitigation measures and conditions of approval have been incorporated into the project approval to mitigate impacts where needed. 3. The design of the subdivision or type of improvements are not likely to cause serious public health problems because urban infrastructure improvements Planning Commission Resolution No. 2008- Tentative Parcel Map 36067 Highway One Eleven Partners, LLC July 22, 2008 are existing, or will be installed, based on applicable local, State, and Federal requirements. 4. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby approve Tentative Parcel Map 36067 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of July, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with 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. This Tentative Parcel Map shall expire on July 22, 2010, two years from the date of Planning Commission approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Tentative Parcel Map 36067 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 2008-593 Site Development Permit 2008-902 Conditional Use Permit 2008-111 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO1"), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, 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; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2008-0001 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"). PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 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. 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. Additionally, the applicant shall comply with applicable provisions for post construction runoff per 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 California Regional Water Quality Control Board - Colorado River Basin (CRWQCB- CRB) Region Board Order No. R7-2008-001. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 public streets and open space/drainage facilities of the master development. The applicant shall enter into a reciprocal assess agreement with the development for the shared access and access over rights for the functional circulation of traffic. 9. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 (Major Arterial - State Highway, 140' ROW) - No additional rights -of -way dedication is required for 1) the standard 70 feet from the centerline of Highway 111 for a total 140-foot ultimate developed right of way and 2) an additional variable right of way dedication on Highway 111 at the Dune Palms Road intersection measured 78 feet north of the centerline of Highway 111. All required Highway 111 right of way has been dedicated for the Highway 111 Improvements CIP 2001-07A. 2) Dune Palms Road (Secondary Arterial, 88' ROW) - The standard 44 from the centerline of Dune Palms Road for a total 88-foot ultimate developed right of way except for right of way that has already been dedicated along the east side of Dune Palms Road at the Highway 111 intersection of 49 feet from the centerline to accommodate a dual left turn lane for southbound Dune Palms Road to eastbound Highway 111 for the City's Highway 111 Improvement Project (CIP 2001-07A). Additional right of way dedication along the east side of Dune Palms Road at the southernmost access drive of approximately 61 feet from the centerline and length and taper dedication as approved by the City Traffic Engineer and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, curb cut and curb ramps, a Class III Bike Route and other features contained in the approved construction plans. Additionally, the applicant shall dedicate additional right of way for the construction and maintenance of the potential PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 future traffic signal on the east side of Dune Palms Road at the intersection of Corporate Center Drive/Middle Access Drive. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, and deceleration lane(s). The geometric layout shall be accompanied by professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 12. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Highway 111 (Major Arterial - State Highway) - 50-foot from the R/W-P/L. B. Dune Palms Road (Secondary Arterial/Collector) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Highway 111 and Dune Palms Road from lots with frontage along Highway 1 1 1 and Dune Palms Road is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer The applicant shall enter into a reciprocal access agreement for the tentative parcel map and the Dune Palms Business Plaza (to the east) for the shared access and access over rights for the functional circulation of traffic as approved by the City Engineer. Additionally, the applicant shall enter into an Irrevocable Grant of Temporary Easement for Construction for any site improvements across Parcels 1 and 2 of this tentative parcel map that may be required pursuant to the future Dune Palms Bridge Project constructed by the City of La Quinta. Said Irrevocable Grant of Temporary Easement for Construction shall be in effect until the future Dune Palms Bridge Project is completed or the City Engineer deems the temporary construction easement is no longer necessary. The Irrevocable Grant of Easement for Construction shall be applicable to the developer or assignees. STREET AND TRAFFIC IMPROVEMENTS 18. 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. 19. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Highway 111 (Major Arterial - State Highway; 140' R/W): No additional widening is required on the north side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty eight feet (58') north of the centerline, to include a deceleration/right turn only lane on PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Highway 111 at the Dune Palms Road intersection per the Highway 111 Improvements CIP 2001-07A. Improvements required of this Tentative Parcel Map in the Highway 111 right- of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall also install City of La Quinta standard light bollards spaced at 40 feet on center and alternating from back to front of the sidewalk as approved by the Planning Director. 2) Dune Palms Road (Secondary Arterial; 88' R/W): Widen the east side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the east 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 east curb face shall be located thirty two feet (32') east of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Dune Palms Road at the south Access Drive. The east curb face shall be located forty nine feet (49') east of the centerline and length as approved by the City Traffic Engineer. The aforementioned widening is in addition to widening for a dual left turn lane on Dune Palms Road at the Highway 111 intersection for south bound Dune Palms PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Road to east bound Highway 111. The east curb face shall be located thirty seven feet (37') east of the centerline. The deceleration design shall be as approved by the City Traffic Engineer on the July 3, 2008 Dune Palms Road Preliminary Striping Plan. Other required improvements in the Dune Palms Road right-of-way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to : curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) 20-foot painted median island with transitional width to enhance the left turn restriction in and out at the southerly driveway access across from the access drive for the development on the west side of Dune Palms Road. Design and construction of a raised pork chop island at the southerly driveway access of this Site Development Permit site to provide positive restriction of left turn movements in and out of the driveway access. e) Traffic signal interconnection backbone shall be installed between the existing traffic signal at the Highway 111 and Dune Palms Road intersection and the future traffic signal at the Corporate Center Drive/Middle Access Drive intersection. The design and installation shall include at a minimum, conduit, and pull boxes as approved by the City Engineer. 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 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 sidewalks). The applicant is responsible for construction of all improvements mentioned above. 20. 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: Secondary Arterial 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 21. 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. 22. General access points and turning movements of traffic are limited to the following: A. Highway 1 1 1 — Shared access drive at the easterly boundary of the Tentative Parcel Map: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Dune Palms Road 1) Southerly Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 2) Middle Access Drive (across Corporate Center Drive): Full turn movements are permitted with the initial stop controlled intersection or traffic signal. 3) Northerly Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 street lighting is not required. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 30. 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. 31. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 LQMC Section 13.24.040 (Improvement Plans). 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department per city standards and improvement plan checklists. 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. PM10 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 (Dune Palms Road) E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal F. On -Site Non -Residential/ Commercial Precise Grading Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall include all street improvements in the public right of way as conditioned as well as traffic signal interconnection, raised landscape median installation for left turn restriction at the northerly and southerly driveway access and grading to match the preliminary bridge approach alignment and road profile of Dune Palms Road. 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. NOTE: D through F to be submitted concurrently. (Separate Storm Drain Plans if applicable) PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "On -Site Non -Residential/ Commercial Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On -Site Non -Residential/ Commercial Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "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. 34. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 35. 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 36. 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. 37. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 38. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 39. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase -of construction and prior to issuance of a Temporary/Permanent Certificate of Occupancy for any building. 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. 40. 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. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Security will not be required for telephone, natural gas, or Cable T.V. improvements. 41. 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 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. 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. 44. 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. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 45. 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. 46. 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 (61 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 (18") behind the curb. 47. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 48. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 49. 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 Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 50. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 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. 51. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for parcels which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. 52. The applicant shall construct concrete lining along the Coachella Valley Storm Water Channel to the north as required by the Coachella Valley Water District. DRAINAGE 53. As the applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The 100-year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement as approved by the City Engineer per 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 and the Storm Drain Review Plan PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Checklist and as approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets to include existing proposed catch basins on Dune Palms Road and existing and proposed catch basins on Highway 1 1 1 along the project boundaries and to the outfall points permitted by CVWD to the Coachella Valley Stormwater Channel. 54. If the development does not intend to discharge storm water into the Coachella Valley Storm Water Channel to the north this condition and the following Items under DRAINAGE shall be applicable for the development, 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 and the Storm Drain Review Plan Checklist. 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 tributary drainage area shall extend to the centerline of adjacent public streets to include connection to existing and proposed catch basins on Dune Palms Road and existing and proposed catch basins on Highway 111 along the project boundary, The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 55. 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. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 57. 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. 58. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 59. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 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. 60. 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). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. 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. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 64. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 65. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 66. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 67. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 011' 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 68. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 69. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 70. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 71. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 72. 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 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 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) TENTATIVE PARCEL MAP 36067 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Director and/or the City Engineer. 73. 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 18 inches of curbs along public streets. 74. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 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. PUBLIC SERVICES The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 75. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 76. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 77. 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. 78. 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). PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2008-902, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR MADISON SQUARE CASE NO.: SITE DEVELOPMENT PERMIT 2008-902 APPLICANT: HIGHWAY ONE ELEVEN PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of July, 2008 hold a duly noticed public hearing to consider a request by Highway One Eleven Partners, LLC, for approval of architectural and landscaping plans for a proposed 92,000± square foot commercial development including retail spaces, a health club, and a drive -through restaurant, generally located north of Highway 111 and east of Dune Palms Road, more particularly described as: APN: 600-030-018 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2008-593 for Site Development Permit 2008-902 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 2nd day of July, 2008, hold a public hearing to review and recommend approval of architecture and landscape plans for Madison Square; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 1. Consistency with General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a commercial development along the Highway 111 commercial corridor, which is General Plan -designated for RC (Regional Commercial) development. Planning Commission Resolution No. 2008- Site Development Permit 2008-902 Highway One Eleven Partners, LLC July 22, 2008 2. Consistency with Zoning Code The proposed project, as conditioned, is consistent with the development standards of the City's Zoning Code, in terms of architectural style, building heights, building mass, parking, and landscaping. The Site Development Permit is consistent with the La Quinta Zoning Map, as it proposes a commercial development along the Highway 111 commercial corridor which is zoned for CR (Regional Commercial) development. The Site Development Permit has been conditioned to ensure compliance with the zoning standards of the CR zoning district, and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 2008-593 for Site Development Permit 2008-902 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because the mitigation measure incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, 4. Architectural Design The architectural design aspects of the proposed Site Development Permit provide interest through use of varied roof heights, enhanced building entries, facade treatments, and other design elements which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 5. Site Design The site design aspects of the proposed Site Development Permit, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The configuration of the buildings, coupled with adequate vehicular and pedestrian circulation, and the incorporation of pedestrian amenities and landscaping, creates a project that is compatible with and accessible to surrounding land uses. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics Planning Commission Resolution No. 2008- Site Development Permit 2008-902 Highway One Eleven Partners, LLC July 22, 2008 established in the General Plan and Zoning Code. The project landscaping for the proposed Site Development Permit, as conditioned, shall unify and enhance visual continuity with surrounding commercial developments. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. 2. That it does hereby approve Site Development Permit 2008-902 for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of July, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Site Development Permit 2008-902 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2008-593 • Tentative Parcel Map 36067 • Conditional Use Permit 2008-1 1 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 3. Site Development Permit 2008-902 shall expire on July 22, 2010, two years from the date of Planning Commission approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District 0 Coachella Valley Water District (CVWD) PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 • Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) • SunLine Transit Agency South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and -Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. 137-2008-0001 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 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. Additionally, the applicant shall comply with applicable provisions for post construction runoff per 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 California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. The applicant shall enter into a reciprocal assess agreement with the development for the shared access and access over rights for the functional circulation of traffic. 9. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 A. PUBLIC STREETS 1) Highway 111 (Major Arterial - State Highway, 140' ROW) - No additional rights -of -way dedication is required for 1) the standard 70 feet from the centerline of Highway 111 for a total 140-foot ultimate developed right of way and 2) an additional variable right of way dedication on Highway 111 at the Dune Palms Road intersection measured 78 feet north of the centerline of Highway 111. All required Highway 111 right of way has been dedicated for the Highway 111 Improvements CIP 2001-07A. 2) Dune Palms Road (Secondary Arterial, 88' ROW) - The standard 44 from the centerline of Dune Palms Road for a total 88-foot ultimate developed right of way except for right of way that has already been dedicated along the east side of Dune Palms Road at the Highway 111 intersection of 49 feet from the centerline to accommodate a dual left turn lane for southbound Dune Palms Road to eastbound Highway 111 for the City's Highway 111 Improvement Project (CIP 2001-07A). Additional right of way dedication along the east side of Dune Palms Road at the southernmost access drive of approximately 61 feet from the centerline and length and taper dedication as approved by the City Traffic Engineer and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, curb cut and curb ramps, a Class III Bike Route and other features contained in the approved construction plans. Additionally, the applicant shall dedicate additional right of way for the construction and maintenance of the potential future traffic signal on the east side of Dune Palms Road at the intersection of Corporate Center Drive/Middle Access Drive. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, and deceleration lane(s). The geometric layout shall be accompanied by professional engineering studies to confirm the appropriate length of all,proposed turn pockets and auxiliary lanes that may impact the right PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 of way dedication required of the project and the associated landscape setback requirement. 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map, the applicant shall grant the necessary rights -of - way within 60 days of a written request by the City. 13. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Highway 111 (Major Arterial - State Highway) - 50-foot from the R/W- P/L. B. Dune Palms Road (Secondary Arterial/Collector) - 10-foot from the R/W- P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Highway 111 and Dune Palms Road from lots with frontage along Highway 111 and Dune Palms Road is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. 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 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer The applicant shall enter into a reciprocal access agreement for the tentative parcel map and the Dune Palms Business Plaza (to the east) for the shared access and access over rights for the functional circulation of traffic as approved by the City Engineer. Additionally, the applicant shall enter into an Irrevocable Grant of Temporary Easement for Construction for any site improvements across Parcels 1 and 2 of this tentative parcel map that may be required pursuant to the future Dune Palms Bridge Project constructed by the City of La Quinta. Said Irrevocable Grant of Temporary Easement for Construction shall be in effect until the future Dune Palms Bridge Project is completed or the City Engineer deems the temporary construction easement is no longer necessary. The Irrevocable Grant of Easement for Construction shall be applicable to the developer or assignees. STREET AND TRAFFIC IMPROVEMENTS 18. 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. 19. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Highway 111 (Major Arterial - State Highway; 140' R/WI: No additional widening is required on the north side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty eight feet (58') north of the centerline, to include a deceleration/right turn only lane on Highway 111 at the Dune Palms Road intersection per the Highway 111 Improvements CIP 2001-07A. Improvements required of this Tentative Parcel Map in the Highway 111 right-of-way and/or adjacent landscape setback area include: PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall also install City of La Quinta standard light bollards spaced at 40 feet on center and alternating from back to front of the sidewalk as approved by the Planning Director. 2) Dune Palms Road (Secondary Arterial; 88' R/W): Widen the east side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the east 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 east curb face shall be located thirty two feet (32') east of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Dune Palms Road at the south Access Drive. The east curb face shall be located forty nine feet (49') east of the centerline and length as approved by the City Traffic Engineer. The aforementioned widening is in addition to widening for a dual left turn lane on Dune Palms Road at the Highway 111 intersection for south bound Dune Palms Road to east bound Highway 111. The east curb face shall be located thirty seven feet (37') east of the centerline. The deceleration design shall be as approved by the City Traffic Engineer on the July 3, 2008 Dune Palms Road Preliminary Striping Plan. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Other required improvements in the Dune Palms Road right-of-way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) 20-foot painted median island with transitional width to enhance the left turn restriction in and out at the southerly driveway access across from the access drive for the development on the west side of Dune Palms Road. Design and construction of a raised pork chop island at the -southerly driveway access of this Site Development Permit site to provide positive restriction of left turn movements in and out of the driveway access. e) Traffic signal interconnection backbone shall be installed between the existing traffic signal at the Highway 1 1 1 and Dune Palms Road intersection and the future traffic signal at the Corporate Center Drive/Middle Access Drive intersection. The design and installation shall include at a minimum, conduit, and pull boxes as approved by the City Engineer. 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). The applicant is responsible for construction of all improvements mentioned PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 above. 20. 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: Secondary Arterial 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 21. 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. 22. General access points and turning movements of traffic are limited to the following: A. Highway 111 — Shared access drive at the easterly boundary of the Tentative Parcel Map: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Dune Palms Road 1) Southerly Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 2) Middle Access Drive (across Corporate Center Drive): Full turn movements are permitted with the initial stop controlled intersection or traffic signal. 3) Northerly Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 sidewalks. Mid -block street lighting is not required. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 30. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 31. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department per city standards and improvement plan checklists. 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. PM10 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 (Dune Palms Road) 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal F. On -Site Non -Residential/ Commercial Precise Grading Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall include all street improvements in the public right of way as conditioned as well as traffic signal interconnection, raised landscape median installation for left turn restriction at the northerly and southerly driveway access and grading to match the preliminary bridge approach alignment and road profile of Dune Palms Road. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 NOTE: D through F to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "On -Site Non -Residential/ Commercial Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On -Site Non -Residential/ Commercial Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 34. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 35. 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 36. 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. 37. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 38. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 39. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction and prior to issuance of a Temporary/Permanent Certificate of Occupancy for any building. 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. 40. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 41. 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 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. 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. 44. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the 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. 45. 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. 46. 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. 47. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 48. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 49. 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 Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 50. 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. 51. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for parcels which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. 52. The applicant shall construct concrete lining along the Coachella Valley Storm Water Channel to the north as required by the Coachella Valley Water District. DRAINAGE PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 53. As the applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The 100-year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement as approved by the City Engineer per 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 and the Storm Drain Review Plan Checklist and as approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets to include existing proposed catch basins on Dune Palms Road and existing and proposed catch basins on Highway 1 1 1 along the project boundaries and to the outfall points permitted by CVWD to the Coachella Valley Stormwater Channel. 54. If the development does not intend to discharge storm water into the Coachella Valley Storm Water Channel to the north this condition and the following Items under DRAINAGE shall be applicable for the development, 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 and the Storm Drain Review Plan Checklist. 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 tributary drainage area shall extend to the centerline of adjacent public streets to include connection to PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 existing and proposed catch basins on Dune Palms Road and existing and proposed catch basins on Highway 111 along the project boundary. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 55. 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. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 57. 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. 58. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 59. 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. 60. 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). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 62. 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. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 64, The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 65. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 66. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 67. 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 68. 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 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 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. PUBLIC SERVICES 69. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 70. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 71. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 72. 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. 73. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program. FIRE MARSHAL 74. Final conditions will be addressed when complete building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Fire Department. All questions regarding the Fire Department should be directed to the Fire Safety Specialist at (760) 863-8886. SHERIFF'S DEPARTMENT 75. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. LANDSCAPE AND IRRIGATION 76. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 77. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 78. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 79. 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 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. 80. 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 18 inches of curbs along public streets. 81. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Highways and Streets, 51h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 82. All trees located within the parking lot areas shall have a minimum trunk caliper of 2.5 inches and height of 10 feet. All trees within the parking areas shall meet or exceed the shading requirements specified under LQMC Section 9.150.080 Parking. Should the proposed African Sumac and Palo Verde shading coverage be deemed insufficient, the applicant shall utilize an alternative tree subject to review and approval by the Planning Department. 83, All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. PLANNING DEPARTMENT 84. The "final" archaeological testing and evaluation report shall be submitted to the Planning Department prior to issuance of first building permit. The report shall include disposition of the cremated Native American remains. 85. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the Planning and Public Works Departments prior to issuance of first earth -moving or clearing permit. Monitors shall include a minimum of one Native American monitor. 86. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of the first building final inspection for the project. 87. 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 Planning Department prior to issuance of first building final inspection for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED (REVISED) SITE DEVELOPMENT PERMIT 2008-902 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 88. All air conditioning/mechanical equipment shall be completely screened from view within the rooftop areas. 89. All trash enclosures and materials storage areas shall be painted a color and finished consistent with the buildings. 90. Pedestrian amenities (i.e. benches, tables, and sitting walls) shall be installed in close proximity to the plaza area between Buildings Two and Three. Placement locations and amenity type shall be reviewed and approved by the Planning Department prior to installation. 91. A pedestrian access shall be installed that connects the proposed decoratively - paved crosswalk at the intersection near the northeast corner of the building to the northern Building Six entrance. A path shall be installed in the landscaped area, the proposed Palo Verde tree shall be removed, and the sidewalk across the restaurant drive -through shall be decoratively paved. 92. Bicycle racks that can accommodate a minimum of nine bicycles shall be placed on -site in shaded locations, out of the way of pedestrian flows, and shall contain a mechanism which permits locking a bicycle onto the racks. PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2008-111, ALLOWING THE ESTABLISHING OF A 42,000 SQUARE FOOT HEALTH CLUB WITHIN MADISON SQUARE CASE NO.: CONDITIONAL USE PERMIT 2008-111 APPLICANT: HIGHWAY ONE ELEVEN PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of July, 2008 hold a duly noticed public hearing to consider a request by Highway One Eleven Partners, LLC for a Conditional Use Permit to allow the establishing of a an approximately 42,000 square foot health club located within Madison Square, generally located north of Highway 111 and east of Dune Palms Road, more particularly described as: APN: 600-030-018 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2008-593 for Conditional Use Permit 2008-111 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following findings to justify their approval of Conditional Use Permit 2008-111: 1. The proposed use is consistent with the land use designation of Regional Commercial. The City's General Plan Policies relating to Regional Commercial encourage a wide range of commercial opportunities and support services. 2. The proposed use is consistent with the provisions of the La Quinta Zoning Code. The use of the site as a fitness club will have minimal impacts on the surrounding land uses, and will conform to the development standards applicable to the use. 3. Processing of this Conditional Use Permit for the proposed use is in compliance with the provisions of the California Environmental Quality Act. Planning Commission Resolution No. 2008- Conditional Use Permit 2008-111 Highway One Eleven Partners, LLC July 22, 2008 The La Quinta Planning Department has prepared Environmental Assessment 2008-593 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance. 4. Approval of this proposed use will not be a detriment to the public health, safety and general welfare, nor shall it be injurious or incompatible with other properties or uses in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby approve Conditional Use Permit 2008-111 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of July, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED CONDITIONAL USE PERMIT 2008-111 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 r;FNFRAI 1. The applicant agrees to indemnify, defend and hold harmless the City of La Quinta, its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. Conditional Use Permit 2008-111 shall be operational by July 22, 2010, two years from the date of Planning Commission approval, unless a time extension has been granted pursuant to the requirements of La Quinta Municipal Code 9.200.080. 3. Conditional Use Permit 2008-111 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2008-593 • Site Development Permit 2008-902 • Tentative Parcel Map 36067 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Hours of operation shall not exceed 4:OOam to 11:00pm seven days a week. Any modifications proposing to extend the hours of operation shall be submitted to the Planning Director. Minor modifications may be determined by the Planning Director. The Planning Director shall reserve the right to defer the determination to the Planning Commission. A duly noticed public hearing shall be conducted prior to a determination made by the Planning Commission. 5. Any expansion or modification to Conditional Use Permit 2008-111, other than as described in condition #3, shall require an amendment of this Conditional Use Permit. Minor amendments to this Conditional Use PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2008-111 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 Permit shall be considered by the Planning Director in accordance with LQMC 9.200.090. All other amendments shall be processed in accordance with LQMC 9.200.100. ATTACHMENT 4 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 8, 2008 CALL TO ORDER 7:03 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, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Manager Douglas Evans, Assistant City Attorney Michael Houston, Associate Planner Jay Wuu, Assistant Planner. Eric Ceja, and Executive Secretary Carolyn Walker. C. Chairman Alderson introduced and welcomed Mark Weber, as the new Planning Commissioner to fill the vacancy left by Commissioner Engle. D. Election of Chair: It was moved and seconded by Commissioners Quill/Wilkinson to nominate Ed Alderson as Chair. There being no further nominations, the nominations were closed. Ed Alderson was unanimously elected as Chair. E. Election of Vice Chair: It was moved and seconded by Commissioners Quill/Wilkinson to nominate Katie Barrows as Vice Chair. There being no further nominations, the nominations were closed. Katie Barrows was unanimously elected as Vice Chair. PUBLIC COMMENT: None II. PRESENTATION: None. III. CONFIRMATION OF THE AGENDA: Staff requested the Commission review Business Item B prior to Business Item A. P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 IV. CONSENT CALENDAR: A. Chairman Ed Alderson asked if there were any changes to the Minutes of June 10, 2008. There being none, it was moved and seconded by Commissioners Barrows/Quill to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Sign Application 2003-720, Amendment 2; a request of Old Town La Quinta, LLC for consideration of a request for an amendment to the Old Town La Quinta sign program allowing the installation of bracket signs for second floor tenants, located on Main Street, Old Town La Quinta; west of Desert Club Drive; east of Avenida Bermudas; south of Calle Tampico. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu 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 was a way to avoid these types of applications in the future. Staff said the proposed language before the Commission would eliminate future need for Planning Commission review. Staff explained the code to the Commissioners. Commissioner Barrows said there was a word missing in the Code about the Director deciding to bring these items before the Commission. Staff gave her an interpretation of the code. Chairman Alderson asked why the applicant was only allowed signs on the north/south face and not the east/west face of the building as noted in the staff report. He commented that was a very heavy wind load for blade signs and wanted to be assured the structural design could handle the load. Associate Planner Wuu said it was a six foot sign that Chairman Alderson was referring to and explained the reasoning for the placement of the signs. The only elevation staff refused was along Calle Tampico. Chairman Alderson asked if there were any other northern exposures. Staff said there wasn't really. PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant comments Chairman Alderson asked if there was any public comment. Leslie Locken, Manager for Old Town La Quinta, LLC, 78-100 Main Street, #206, La Quinta CA, introduced herself and thanked staff for a thorough report. There being no questions, or further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to approve Minute Motion 2008-012 recommending approval of Sign Applicant 2003-720, Amendment 2, as recommended. Unanimously approved. B.. Sign Program 2008-1254; a request of Regency Marinita, LLC for consideration of a request for a sign program to serve Jefferson Square Shopping Center, located at the southwest corner of Jefferson Street and Fred Waring Drive. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson noted the various colors of signs for each individual business. He said he was under the impression the Code had been modified so these types of signs would be of more consistent colors. He asked if it could be designed with a more compatible color palette. Chairman Alderson asked if the signs were shown as they were to be prepared. Staff replied they were not. Staff recommended a clause be included stating that the graphics are representative in nature and the signs will be approved on a case -by -case basis. Commissioner Weber noted the Commission had recently reviewed the sign on Dune Palms Road and Highway 111 and said some allowances PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 were made for additional signage in that area. He asked if this monument sign was going to have that same type of flexibility with regards to individual signage. Staff replied the proposed sign program doesn't allow for that type of flexibility. Chairman Alderson said the sign portion naming the tenants should be big and bold, not the location of the square. He concurred with Commissioner Wilkinson that the colors should be bold on the tenant signs. He commented on the fact there was only one monument sign on either frontage, not two as outlined in their sign program. There being no questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Ron Breen Ultrasigns, 9025 Balboa Avenue, Suite 150, San Diego, CA 92123, introduced himself and said he was building the monument signs for the applicant. He said he had been working with staff and felt that they had achieved a very dignified and responsible sign program for the center. He added, with respect to the colors of the letters, the exhibit was just a boiler plate representation that a tenant could use. The intent for the design was to allow for creativity within the confines of the sign dimensions while allowing a tenant to have their corporate colors and logos. He added, with respect to the monuments signs, the applicant was requesting a total of four, realizing there was only a code allowance of one per street. He said the applicant felt this would be a hardship for the tenants; particularly in Shops 1 and 2 which are hidden from the street. He said, in this economy, Regency is desperately asking for the two additional monument signs so they could have enough street panels. The sizing of the signs is within code and the style of the signs are very conservative. The panels on the signs would be routed and the background would be opaque. Only the Jefferson Square portion would be illuminated. It would be distinctive, and a warm representation of the center. He said they would need to have this type of sign in order to market the center's corner spaces, and to show a prospective tenant they would have adequate signage. Commissioner Weber asked if there were going to be 16 individual signs. He said they were double-faced sign, and each tenant would get two - sides of one sign on four monuments. PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 Mr. Breen said there would be 16 tenants represented. Commissioner Weber asked if that accommodated all the tenants. Mr. Breen said it did not accommodate all the tenants. The applicant wanted the sign to be classy and architecturally consistent with the Center. There would be some duplication on some of the signs; such as the anchors. So, you would have some redundancy as the bigger players would be represented more often than not. It is based on a first come, first serve basis. They will need some kind of representation on the street to have tenants justify moving in the back locations. The applicant really feels they need the extra advertising. There being no further applicant Comments Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Chairman Alderson said, in fact, the signs were double-faced and the sign actually had four names on it, Mr. Breen said there would only be four tenants per sign. Chairman Alderson said the western side of the project would have a block wall so the approaching visibility would be negligible and the sign would not be of particular value. He agreed the tenants need all the help they could get, but suggested the Commissioners could allow a third sign in the front of the project, angled diagonally. He directed his comments to the other Commissioners and asked if they would be interested in approving that configuration. Planning Director Les Johnson said they were limited to one sign per frontage and gave a definition of the code on aggregate limitation. He said the staff proposals encompass what the Municipal Code allows. Commissioner Wilkinson asked for a definition of Chairman Alderson's comments on which two signs he was referring to. Chairman Alderson pointed to the appropriate sign on the exhibits. PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 Chairman Alderson then asked Mr. Breen where he would put the signs if he were limited to only two. Mr. Breen said he would not be able to make that decision. Staff said they did not choose the locations. They could work with the applicant on exact location for the signs. Mr. Breen said typically the sign positions were moved laterally. Chairman Alderson said if the Commission approved the signs, with the conditions as proposed by the staff, would the applicant have the leeway to move the signs. Mr. Breen said they would definitely like four signs. Commissioner Barrows asked if there were examples on Highway 111 where the signs have been allowed. Mr. Breen said that his company also prepared the sign program for Komar Desert Center and that it was approved for two monument signs on a single street frontage. Staff said there have been allowances made in the City's Regional Commercial zoning areas. Businesses in the Neighborhood Commercial Center zoning designation have had no deviations as of this date; only those on Highway 111. Commissioner Weber said he would like to afford the opportunity for the developer to give the tenants sufficient exposure. What concerns him is that we have rules and exceptions to rules. He wondered if there were any other options to the client. He wanted to go through the math. He went over the slides and asked about the dimensions of the signs. Staff explained the dimensions and inclusion of signage. Commissioner Weber brought up the example of the La Quinta Valley Plaza on Dune Palms and Highway 111 and how their sign was designed. He said identification of Jefferson Square, for direction purposes, was more important than the tenants signs. However, he wondered if the Square identification could be made smaller and then the tenant identifications made larger. He said asking for four signs seemed to be a large exception. He asked if there were two points of egress. Staff said yes. P:\Reports - PC\200M7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 Commissioner Weber said road improvements still needed to be made, as well as the addition of a retention basin on the corner which would limit signage on Jefferson, even though that seemed to be the main signage area. He asked if the actual total signage could be reduced to the correct amount of area, would it be possible to make three signs and still have the correct amount of square footage. Chairman Alderson said what Commissioner Weber was suggesting would require the applicant file a variance, Staff said the applicant's representative, through the sign program process, had been afforded additional monument signs. Staff's perspective was it had to do with size and the fact this is zoned Neighborhood Commercial. Staff said, at this time, there is the option to have more than two signs. Commissioner Quill asked if the point of this application coming to the Planning Commission was so they can make modifications. Staff said the Code does allow for some deviations to be considered in accordance with the appropriate provisions. Commissioner Quill said he thought one sign on Jefferson Street and one sign on Fred Waring was adequate. He added the architectural portion of the sign should not be considered part of the sign as shrubbery would grow over it. It will not be obtrusive if it is left as is. One sign on each street is adequate and the applicant has the option of deciding where the signs would be placed. Chairman Alderson suggested if the sign could be amended so the Jefferson Square portion was made smaller and the tenants names were made larger. Sign locations 2 and 3 are logical places to put the signs but the client does have the latitude as to where to place them. The Conditions of Approval allowed for signs to be submitted as signs 2 and 3 along Jefferson Street. Staff asked if that included all other recommendations as submitted. There being no further discussion, it was moved and seconded by Commissioners Quill/ to approve Minute Motion 2008-013 recommending approval of Sign Program 2008-1254, as recommended. Unanimously approved. P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 VI. BUSINESS ITEMS: A. Discussion regarding the consideration of the SilverRock Resort Project Programming and Design Recommendations, Plans, Graphics and Various Exhibits Prepared by HAS Design Group for the Various SilverRock Design Components. A summary of the comments included the following: • Questions about the Planning Commission's input into the Hotel design plan. • Question about whether the hotel and the golf course would be identified. • Appreciation thate there is no turf, no water feature, and that it encouraged lower water usage. • Nice color and paver schemes which blend well. • One item not addressed was lighting. Suggested low level and energy efficient equipment as well as accommodating the Dark Sky Ordinance. • Desire for the landscape palette, close to the mountain, include more plantings native to the Coachella Valley rather than the Sonoran -Desert type plantings. • Liked the entry way colors. • Question about the distance from Jefferson Street to the walk-in portals. • Question about the curved masonry walls and the topography behind them, as well as the setback and stacking at the entry gates. • Suggested view windows into the golf course. • Concern for pavement on the crosswalk. • Question about a mixed use pedestrian trail. P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 • Entry signalization. • Hotel walkway including public access. • Inclusion of fossils in nodes. • Overall trail system well done. Subject nodes and mapping still needed to be worked out • Concrete sidewalks and horse traffic. • Opportunities for interpretative interaction are great. Suggestion that the developer work with the native Cahuilla tribe. • Consider use of native elements (honey mesquite), on Hotel Drive. Consider recreating the mesquite hummocks. • Use native plants in the Bear Creek Area. • Look at green and sustainable opportunities; such as using sustainable products in place of the concrete pathways. • Walkability of the project was very important. • Commissioner Weber asked if roundabouts were being considered. + Would the road be undulated. • Was there traffic calming design included in the plan. Were the updated CVWD golf requirements incorporated into the new phase. B. Commissioner Comments regarding RDA Project Area #2. A summary of the comments included the following: • Question about meeting the City's overall goal of providing affordable dwellings. • Timing of the rehabilitation of the Washington Street units. II. CORRESPONDENCE AND WRITTEN MATERIAL: None P:\Reports - PC\2008\7-22-08\PC Minutes 7-08-08.doc Planning Commission Minutes July 8, 2008 Vill. COMMISSIONER ITEMS: A. Chairman Ed Alderson and Planning Director Les Johnson gave brief overviews of the City Council meetings of June 17, 19, and July 1, 2008. Planning Director Les Johnson invited the Commissioners to a Housing Community Forum to be held on July 24, 2008, from 6:00 p.m. to 8:00 p.m. at the La Quinta Library. B. List of Commissioners' attendance. Chairman Alderson noted the absence shown was while he was traveling to a City -sponsored function and he was not absent without leave. C. Chairman Alderson asked if the Commissioners could obtain an updated list of who is supposed to attend meetings. Staff said the list would be available at the next meeting. D. Commissioner Quill asked about the Leeds tour. Staff replied they are still trying to coordinate a tour to Vista Dunes, which would include two Commissioners at a time E. Commissioner Weber asked when the Commission would go dark and was told it would be August 12th IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Weber to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on July 22, 2008. This regular meeting was adjourned at 8:52 p.m. on July 8, 2008. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California PAReports - PC\2008\7-22-08\PC Minutes 7-08-08.doc