2008 10 28 PCCity of La Quinta
Planning Commission Agendas are now
c 45` available on the City's Web Page
OF 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
OCTOBER 28, 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 2008-030
Beginning Minute Motion 2008-017
CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. PUBLIC COMMENT
This is the time set aside for public comment on any matter not scheduled for
public hearing. Please complete a "Request to Speak" form and limit your
comments to three minutes.
III. CONFIRMATION OF AGENDA
IV. CONSENT CALENDAR
Approval of the Minutes of the Regular Meeting of October 14, 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 .................. CONTINUED — CONDITIONAL USE PERMIT 2008-114
Applicant........... La Quinta Farmers Market/Bazaar
Location............ 77-880 Calle Tampico; Benjamin Franklin Elementary
School in the La Quinta Village.
Request ............. Consideration of an Outdoor Market.
Action ............... Request to Continue to November 25, 2008.
B. Item .................. TENTATIVE PARCEL MAP 35559 AND SITE
DEVELOPMENT PERMIT 2008-903
Applicant........... Talbert Development, Inc.
Location............ East of Washington Street, West of Caleo Bay Road, 500
Feet North of Avenue 48.
Request ............. Consideration of a Tentative Parcel Map and Site
Development Permit for a 50,000± square foot retail
commercial center.
Action ............... Resolution 2008-_, and Resolution 2008-.
VI. BUSINESS ITEM:
A. Item ................... APPEAL 2008-002
Applicant............ Standard Pacific Homes
Location ............. Avenue 58, '/4 Mile West of Madison Street
Request ............. Consideration of an Appeal of Director's Determination,
Dated September 24, 2008, that Tentative Tract 33336
Does Not Qualify for the Automatic Time Extension
Provided for in Section 66452.6(A)(1) of the California
Government Code.
Action ............... Request to Continue to November 25, 2008 .
VII. CORRESPONDENCE AND WRITTEN MATERIAL:
Vill. COMMISSIONER ITEMS:
A. Report on City Council Meeting of October 21, 2008, from
Commissioner Wilkinson.
B. November 4, 2008, Council Meeting Attendee scheduled to be
Chairman Alderson
C. Discussion of Smart Controllers and Landscaping Requirements.
IX. DIRECTOR ITEMS:
A. Reminder that the next Planning Commission meeting (11/12/08) will
be held on a Wednesday, due to the Veteran's Day holiday.
X. ADJOURNMENT:
This meeting of the Planning Commission will be adjourned to a Special Meeting to be
held on November 12, 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,
October 28, 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, October 24,
2008.
DATED: October 24, 2008
CAROLYN rALKER, 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 material is to be presented to the Planning Commission during a Planning
Commission meeting, please be advised that eight (8) copies of all documents, exhibits,
etc., must be supplied to the Executive Secretary for distribution. It is requested that this
take place prior to the beginning of the 7:00 p.m. meeting.
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
October 14, 2008
[li
V
CALL TO ORDER
7:04 P.M.
A. This meeting of the Planning Commission was called to order at 7:04
p.m. by Chairman Ed Alderson who asked Commissioner Weber (??) to
lead the flag salute.
B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert
Wilkinson, and Chairman Ed Alderson.
C. Staff present: Planning Director Les Johnson, Planning Manager David
Sawyer, Assistant City Attorney Michael Houston, Associate Planner Jay
Wuu, Assistant Planner Eric Ceja, and Executive Secretary Carolyn
Walker.
PUBLIC COMMENT: None
CONFIRMATION OF THE AGENDA: Confirmed
CONSENT CALENDAR:
Chairman Alderson asked if there
September 23, 2008. There being
Commissioners Barrows/Weber t
Unanimously approved.
PUBLIC HEARINGS:
o
were any changes to the Minutes of
none, it was moved and seconded by
approve the minutes as submitted.
A. Conditional Use Permit 2008-115; a request of Palm Springs Cultural
Center for consideration of an Outdoor Certified Farmers Market, located
at 78-100 Main Street; Old Town La Quinta in the La Quinta Village.
Chairman Alderson opened the public hearing and asked for the staff
report.
P:\Reports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc
Planning Commission Minutes
October 14, 2008
Assistant Planner Eric Ceja presented the information contained in the
staff report, a copy of which is on file in the Planning Department.
Commissioner Weber wanted to confirm the organization in charge of
running this market is the same one currently offering a farmer's market
in Palm Springs. He said they had a track record in the Coachella Valley
and asked if this market would be similar to that one in Palm Springs.
Staff replied it would be similar. He also asked if the La Quinta Chamber
of Commerce would be involved. Staff said they were not aware of any
involvement with the Chamber.
Commissioner Barrows asked about recycling and asked if the City had a
food recycling program. Planning Director Les Johnson said there was no
program in place at this time.
Commissioner Barrows asked about green waste and how it would be
collected. Staff replied the applicant would be better able to answer any
green waste questions.
Commissioner Quill said this was a good thing. He wondered why the
event was only limited to 40 stalls. He asked if this number could be
expanded if necessary. Staff replied this was the number proposed and
would fit comfortably within the Main Street area. The number 40 was
based on conversations with the applicant. If the applicant wants to
expand and it's within the area identified, that would be possible.
However, if it does go beyond identified areas we'd have to re -visit the
applicant's plans and bring them back to the Commission.
Chairman Alderson commented on the staff report, page 3, which said
there were "...concerns over site aesthetics and pedestrian safety, staff
has recommended that limitation be placed on all on -site vehicles located
within the event boundaries during the hours the event is open to the
public." He asked what limitations staff was referring to. Assistant
Planner Ceja said that comment referred to limitations being placed on
vehicles on -site (vendor trucks). In staff's conversations with the
applicant it was their understanding that some of the produce vendors
would need their vehicles on -site. Concerns for pedestrian safety and
aesthetics have caused staff to ask that those vehicles would at least be
turned off, and not running, during the event.
Chairman Alderson asked if this was a six month application with the
ability to extend. Planning Director Johnson said this was a five year
PAReports- PC\2008\10-28-08\Draft Minutes 10-14-08.doc 2
Planning Commission Minutes
October 14, 2008
permit with an annual review. It is a seasonal event which will require an
annual discussion between the applicant and staff to work out any on-
going problems. If there were no issues they would be allowed to
continue on through the next season.
Chairman Alderson asked staff to confirm they would meet annually with
the applicant and correct any deficiencies/problems before allowing the
following year's event.
Planning Director Johnson corrected the earlier statement of five years
and explained it was a total of four years, but confirmed the opportunity
to interact and debrief annually. Obviously, if there were issues of
compliance they would be addressed during the season. The City is
taking a very conservative approach since this is a new venue.
Chairman Alderson commented that once the application was approved,
if the event did not work out, staff had no way to cancel it. Planning
Director Johnson said that was correct unless they were out of
compliance with their conditions of approval, or the Municipal Code with
reference to potential health, safety, or welfare issues. It could then be
brought back to the Commission for consideration of revocation of the
use permit. He did caution that it would have to be a substantive cause,
and not because someone does not like the event.
Commissioner Quill commented on the former Main Street Marketplace
and its success. He said it had been a great opportunity to bring people
downtown and it was a lot of fun. He went over some of the details of
that street fair and the fact there is precedent for this type of event in the
Village.
There being no further questions of staff, Chairman Alderson asked if
there were any applicant representatives or comments.
Mr. Paul Palodichuk, Manager - Certified Farmers Market of Palm Springs,
2300 Baristo, Palm Springs, CA, introduced himself and gave a brief
explanation of his plans and the definition of vendors versus booths.
Commissioner Quill asked if staff understood the applicant's definition of
vendor numbers versus amount of booths. Staff replied they did.
Commissioner Wilkinson asked if the applicant saw a need for vehicles to
be parked in the immediate area of the booths; such as a refrigerated
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 3
Planning Commission Minutes
October 14, 2008
vehicle. Mr. Palodichuk replied there is a need to have the produce
trucks in close proximity to refill the booths. He then explained the layout
and how the vehicles would interact with the vendor stalls.
Commissioner Wilkinson asked where the vehicles would be placed. Mr.
Palodichuk said they would be parked behind the tents.
Commissioner Wilkinson said the report included the allowance of other
craft vendors and wanted to know what type of vendors this referred to.
Mr. Palodichuk said that would only be during the holidays, and even
then the items would be plant -based; such as soap or wreaths. The rest
of the time the only items allowed would be food. He then explained
how the events would be run.
Commissioner Barrows had a question about recycling. She said one of
the exhibits made reference to recycling. She asked for more detail about
the recycling condition and food waste disposal. Mr. Palodichuk said
there is some food waste generated, but would be mainly left over items,
and clippings; such as carrot tops, etc. He said he was unaware of any
Burrtec green waste program. At the end of the market they will work
with various organizations who glean from the market and the produce
people can donate their waste to those organizations. They are working
with Burrtec to have co -mingled bins to recycle the plastic. He added
they are trying to encourage the farmers to eliminate the use of the
plastic bags and would like to work toward "No Plastic" whatsoever and
have consumers use cloth bags.
Commissioner Weber had previously heard the applicant's presentation at
another meeting. He complimented the applicant on his business plan
and the fact this would be a "true" farmers market. He did comment that
most of the vendors are from outside the area, and hoped that the vendor
list would begin to expand to more local agriculture. He commented on
the end of market recycling and its usefulness to the needier residents in
the East Valley, such as those at the Coachella Valley Rescue Mission.
He did note that the applicant was listed as a non-profit (501c3). Mr.
Palodichuk said they also had a Board Member present at the meeting. He
noted there were supporters from Old Town which was a positive.
Chairman Alderson said this promised to be a wonderful event. He
commented that everyone he spoke to seemed to be in favor of the
project. He said he did check to see if any of the functions, or vendors,
would be in direct conflict with any of the full-time businesses in Old
P:\Reports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 4
Planning Commission Minutes
October 14, 2008
Town. If there was any competition, it would be so slight that the
current tenants of Old Town would be willing to overlook that in favor of
the amount of people brought in to shop. This should also help their
businesses.
There being no further applicant comments Chairman Alderson asked if
there was any public comment.
Leslie Locken, Old Town La Quinta, gave a presentation about how
excited the businesses in Old Town were to have the farmer's market
and how it could provide more foot traffic to help existing businesses in
the Village. She commented on her visit to the farmers market in Palm
Springs and had nothing but positive comments to make. She added
there would be music provided at the event. In response to earlier
comments she hoped the market would be so successful that it spilled
over to Calle Estado and incorporated the entire Village of La Quinta. She
has been working on a marketing plan to create different levels of
sponsorship. One of those levels would include the exchange of
imprinted cloth logo bags for the plastic bags, which would be recycled,
at the end of the market. The City would then have the only farmers'
market in the Valley that was completely green.
Chairman Alderson asked if there was adequate staff, security and
maintenance. Ms. Locken said yes. She used the example of the "Art
Under The Umbrellas" events regularly held in Old Town.
Kay Wolff, 77,227 Calle Ensenada, La Quinta, CA 92253, spoke in
support of the effort. She said this was a wonderful thing for the
community and this was the kind of project, bringing quality produce to a
community, that supports the concept of buying local. It would be nice
to have as many local vendors as possible. The farmers market
complements the Old Town businesses. She liked that the promoters
were non-profit and had a very positive track record.
Commissioner Quill commented on using local growers and the fact there
are very few truck farmers left in the Coachella Valley. Most of the
agribusiness is on a large scale. Mr. Palodichuk said that was a true
statement. He said they tried to include farms which were within a 150
mile radius and are trying to make this as local as possible.
Denise DuBarry Hay, 49-455 Coachella Drive, La Quinta, CA 92253,
Board Member of the Palm Springs Cultural Center, said she has seen this
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 5
Planning Commission Minutes
October 14, 2008
project grow from the very beginning to the current Palm Springs market.
She said they have fabulous products and the location will be convenient
and enhance the Village.
Stuart Green, 50-235 Doral Street, La Quinta CA 92253, said he did not
sense any opposition and felt there was tremendous support for this
proposition. He added he believed in the community and there were
some of the best of golf, business, etc. He is a working partner in the
Old Town Coffee Company and said having this event will infuse more
capital into their businesses and employ more people.
Christine Lada, Lily of the Valley floral shop in Old Town, said she
supported the event as a florist, didn't have any concerns, and thought
the event would be great for all the shops at Old Town.
Jeff Grunion, 53-475 Avenida Ramirez, La Quinta CA 92253, said he has
three suites in Old Town. He said he was speaking for the businesses in
Old Town when he said what was good for Old Town was good for the
community.
There being no further questions, or public comment, Chairman Alderson
closed the public participation portion of the meeting and opened the
matter for Commission discussion.
Commissioner Weber said obviously there is good support from the
public. It is a good project. It fits a need, in the right location and it
should be a great asset to La Quinta. He is fully supportive of the project.
Commissioner Alderson echoed Commissioner Quill's comments on the
maximum of 40 stalls being amended to more if the event is a success.
He asked if the word "maximum" could be removed. Planning Director
Johnson said the City's concerns were that the Fire Departments
requirements were met and the applicant does not expand the venue
beyond the limit defined on the map right now. If you wish to go larger
than that, then certainly.
There was no further discussion, and it was moved and seconded by
Commissioners Barrows/Wilkinson to approve Resolution 2008-029
recommending approval of Conditional Use Permit 2008-115 with the
condition amended by staff, to allow for more than 40 stalls through
staff review. Unanimously approved.
P:\Reports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc
Planning Commission Minutes
October 14, 2008
B. Conditional Use Permit 2008-114; a request for consideration of an
Outdoor Market located at 77-880 Calle Tampico; Benjamin Franklin
Elementary School in the La Quinta Village.
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.
Commissioner Wilkinson was concerned about the two venues occurring
at the same time. Staff responded there was no conflict with pedestrian
traffic between the two as the events were on different days (Saturday
and Sunday).
Commissioner Quill said he thought it would be a great opportunity. He
did comment on better signage for the Village area.
Commissioner Barrows said it looked great.
Commissioner Weber said he thought there were a few distinct
differences between this and the prior application.
Chairman Alderson asked if the La Quinta Chamber of Commerce was
involved in this event. Staff said no.
Chairman Alderson had concerns about security and trash but said he
would ask the applicant. He had comments about sales revenues and
applications for business licenses.
There being no further questions of staff, Chairman Alderson asked if
there were any applicant representatives or comments.
The applicant, Susan Weinstein, introduced herself and said she was
available to answer questions.
Commissioner Barrows complimented her on her business plan.
Commissioner Weber said the applicant must have had some prior
experience with a business plan and appeared to be very well versed
working on a creative environment. He asked the applicant to explain her
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 7
Planning Commission Minutes
October 14, 2008
prior experience in working with a bazaar -type market and asked what
type of prior experience she had with an outdoor market.
Ms. Weinstein explained her previous experience and background noting
experience in the design and retail trade, but in an outdoor market
environment.
Commissioner Weber asked if the Principal of Benjamin Franklin, on
behalf of the Desert Sands Unified School District, had signed off on a
release on this application. Ms. Weinstein said yes. Commissioner
Weber asked what type of non profit this was. Ms. Weinstein said it was
a 501 c6.
Commissioner Weber said this was a unique type of venue and he was
concerned about maintaining a certain level of quality. He did not want to
see this turn into a garage sale event. He asked if the Commission could
suggest an administrative standards review because of the similarity
between the two markets coming into the area at the same time. He was
concerned that the applicant did not have prior experience in this type of
market and wanted to make sure quality levels were upheld. He would
like to see an administrative 90-day review by staff. He complimented
the applicant for having staff on site, such as the accounting manager, to
oversee the event. He liked the idea of the event but was concerned
about maintaining La Quinta standards.
Ms. Weinstein said she would like to assure the Commission that she had
no interest in any type of garage -sale -type merchandising. She desires all
custom work and wants to uphold high standards for items that are
interesting and affordable. I have no desire to be involved in something
that will affect her reputation.
Chairman Alderson noted in the report that a name had yet to be
established. He asked if she was going to use the words "flea market".
Ms. Weinstein said she was not. This description came when she was
putting together the business plan.
Chairman Alderson said the applicant intended to provide 75 parking
stalls. He said she currently had 60 vendors and he wanted to know
where they were all going to park. Ms. Weinstein said she was hoping to
park across the street since she does not want them to park around the
vendors.
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 8
Planning Commission Minutes
October 14, 2008
Chairman Alderson was concerned that the vendors would be parking in
all the available downtown parking spots. He said she might want to
direct the vendors to the City parking lot. He did not want to see parking
become a problem.
There being no further applicant comments Chairman Alderson asked if
there was any public comment.
Leslie Locken, Property Manager for Old Town La Quinta, said she had
some concerns. She was under the impression this event was going to
be a flea market. She wanted to make sure they did not compete with
Old Town businesses. She questioned the type of products to be sold,
and how they would compete with Old Town businesses. She was also
concerned about the parking and how that would affect Old Town.
Bonnie Wall, Owner of Just Bonnie @ Home in Old Town, said she has a
lot of concerns about this market. She explained the type of quality retail
business she maintains and said she could work at the College of the
Desert (C.O.D.) swap meet and make money which the City would never
see. She was concerned about vendors that come in and park close to
their merchandise. She gave the example of trucks delivering at her
store. She was concerned about the fact the Old Town retailers pay
monthly rent and give back revenue to the City. She asked the
Commission to take into consideration, when the economy is struggling,
why they would want to take money away from the Old Town merchants
to give to people who don't even live in the City.
Carla Gramer, 78100 Main Street, La Quinta, CA 92253, a retailer in Old
Town, said she has been there for five years. She has people traveling
from Los Angeles to shop in her store. She carries major designer
clothing. She was concerned about have a flea market, C.O.D.-type
atmosphere across the street from her store on a Saturday.
Ms. Weinstein said it has always been her philosophy that the more folks
who come to the area the more it provides the opportunity to do more
business. She never anticipated taking business away from other
retailers.
Commissioner Quill asked if the applicant had paid any fees to Desert
Sands Unified School District for the use of their facilities. Ms. Weinstein
replied they had not asked her for any money. Commissioner Quill asked
if the applicant had spoken to the School District. Ms. Weinstein said she
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 9
Planning Commission Minutes
October 14, 2008
had been to the School District several times. Commissioner Quill asked if
she was not paying anything to the school for the use of their facilities
who was going to benefit from this event. She replied, after everyone
was paid, she had several charities she hoped to donate to.
Commissioner Quill asked where she was going to allow the vendors to
park their vehicles. Ms. Weinstein she had hoped they would be able to
utilize the vacant lots across the street.
Commissioner Quill asked if she knew who owned those lots and had she
contacted the owners for permission to park the vendor vehicles. Ms.
Weinstein replied she thought they were owned by the City.
Commissioner Quill asked if she had asked anyone if she could use the
land for parking. Ms. Weinstein replied it was in her proposal, but she had
not contacted anyone yet.
Commissioner Quill asked if she had rectified the issue of where the
vendors were going to parking. Ms. Weinstein said she had not. She did
not want vehicles parked where the vendors would be.
Commissioner Quill reiterated his questionsof where vendors will park.
Ms. Weinstein said she was hoping to have them park in the vacant lots
across the street. Commissioner Quill said we are at the point where the
Commission is preparing to approve the application but do not know
where your vehicles are going to park. Ms. Weinstein said she will do
what she needs to be dome. Commissioner Quill suggested she go back
out and figure that issue out, then come back to the Commission with
the revised plan.
Commissioner Wilkinson asked if she already had interest from any
vendors for this project, and how many. Ms. Weinstein said she would
hope that she would obtain 40. Commissioner Wilkinson asked if there
was a way to determine if they would be selling merchandise conflicting
with that offered in Old Town. Ms. Weinstein said she did not think they
had anything conflicting.
Commissioner Wilkinson said it sounded like she was supposing and they
were looking for something specific. Ms. Weinstein asked if he could
clarify what he was asking. She asked if clothing of any kind could be
considered a conflict. Commissioner Wilkinson said if it is of a similar
nature. He said it didn't appear people meandering at the school would
draw people to Old Town. Ms. Weinstein said it would create an even
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doe 10
Planning Commission Minutes
October 14, 2008
larger retail situation. He had a concern about a conflict with similar
merchandise in Old Town and pulling traffic away from those merchants.
He said the Old Town merchants are paying month -to -month rent versus
outside vendors showing up for one day on a weekend. He said it didn't
sound like she was sure of a definite number of vendors and or their
merchandise. Ms. Weinstein said she knew exactly what the merchandise
was, but she has not been in a position to give any one a definite date
since the venue has changed since September.
Commissioner Quill asked staff how the City of Palm Desert keeps track
of the C.O.D. sales tax. These vendors come from all over Southern
California. Is that sales tax revenue being paid in their home town or is
there a way that our code enforcement can ensure; 1) they are paying
sales tax, and 2) the City will get their fair share.
Planning Director Johnson said the memorandum distributed addresses
some of the questions asked. He said there is a requirement all the
vendors get a business license from the City prior to operation, and an
additional provision they obtain a State Board of Equalization seller's
permit. The permit has to be obtained and posted at their booths. That
is the identification that they are approved for point of sale in La Quinta.
We are conditioning this, and the previous applicant, that they report the
sales that occur at that location. However, there is a matter of morals
and trust in the fact that they will accurately report their sales.
Commissioner Quill asked staff if they had a record of written permission
from the School District. Staff replied they did. Commissioner Quill
asked if staff was aware of the parking issue on the vacant lot across the
street. Staff said they just noticed that the vacant lot was included in
the business plan, however they were not sure what vacant lots she was
referring to. There is on street parking provided across the street on the
surface streets.
Commissioner Quill asked if it was fair to burden the folks across the
street with on a Saturday morning. Staff replied not necessarily, but
there is no means to prevent it if somebody chose to do that.
Commissioner Quill said if she is not providing parking opportunities, on
site, we are causing that problem.
Commissioner Quill said whether the vacant lot is owned by the City or
not, there needs to be permission obtained for its use and it needs to be
stabilized in such a way that it would not produce PM 10. Staff replied
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc j l
Planning Commission Minutes
October 14, 2008
that was correct. If it is a dirt lot there is not the opportunity for that to
be utilized without the property owner's permission, but also the City's
permission because of the PM 10 concerns.
Staff added the applicant's request was for 60 vendors and that could be
scaled down due to parking needs. There is the potential to reduce the
size of area to include the possibility of vendors parking on site.
Bonnie Wall, Old Town retailer, gave an example of how the businesses
in Old Town are held accountable to the State Board of Equalization
versus accountability, or lack thereof, for outside. vendors.
Kay Wolff, 77-227 Calle Ensenada, La Quinta, CA 92253, said she had
the same concerns as Commissioner Weber. La Quinta Arts Foundation
has been in the business of bringing art to La Quinta; including their Art
Under The Umbrellas events. She was concerned about the quality and
type of merchandise this event would be bringing in as well as a conflict
with the La Quinta Arts Foundation events and the artists exhibiting at
those events. Also on certain dates the school parking lot is being
utilized for Foundation events. Ms. Wolff was concerned that the
applicant had never done any other show so there was no track record of
her success. She commented on the fact that with a 501 c3 you have
designated charities. She had some worries about the fact there were no
designated charities. She suggested that the application be approved, for
a very short term, to provide an opportunity to see if it has an impact on
any of the other businesses and the Arts Foundation events.
Commissioner Weber said he definitely had concerns on vendor parking
as well as the possibility of creating a PM10 issue. He suggested an
administrative review period of possibly 90 days, with tighter parameters
than the usual use permit to address the type of vendors and their
products. He was concerned about the non profit issues. He said he had
questions that needed to be answered before moving forward.
Commissioner Barrows gave some background on previous Village events
of this type. She said, if this was the same type of event, she didn't
have a problem with that type of concept, but did have concerns about
the parking.
Planning Director Johnson gave her a response on the review of this type
of venue and said the Commission has an opportunity to impose a review
of this permit.
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 12
Planning Commission Minutes
October 14, 2008
Commissioner Barrows referred back to Ms. Wolff's comments on the
limitation of dates due to special events. Staff said a condition could be
added to prohibit activity on certain dates.
Commissioner Quill commented the idea of a flea market event could
actually help the residents of La Quinta who are not as affluent. This
area is the gateway to the Cove and it could be a positive. He was still
concerned about parking and vendors and was not in favor of voting on
this tonight. He also agreed the City needed to snake sure this was not
competing with other community events that are significant.
Commissioner Quill suggested the Conditional Use Permit (CUP) be based
upon a probationary period of a month, six weeks, or nine weeks and if
things were not going well the permit could be revoked.
Assistant City Attorney Houston said the conditional use permit is a
property grant and the revocation becomes somewhat difficult. He said
the better way to achieve that result is to have the term of the permit be
limited, subject to renewal, and not have to worry about meeting
standards.
Commissioner Quill reiterated he wanted the parking issue figured out,
who was going to receive the cash, and the types and conditions of the
vendors on this list.
Commissioner Wilkinson agreed with Commissioner Quill plus he was
concerned about the conflict with the merchants of Old Town.
Chairman Alderson also agreed, however, he was willing to concede
there could be a conflict, but the draw of a larger crowd one day a week
shouldn't be a problem for the Arts Under The Umbrellas event.
Leslie Locken, Property Manager for Old Town La Quinta, said the
merchants had been okay with a flea market, but it had not been clear,
on the application, that this event was also an art show. She added this
could take money away from the vendors who come in and sell art for
the La Quinta Arts Foundation. The Foundation had no idea that this
event, every Saturday, would be competing with their event. The
applicant has not made it clear what the event is or whether it will
compete with the Old Town merchants or the Foundation.
PAReports - PC\2008%10-28-08\Draft Minutes 10-14-08.doc 13
Planning Commission Minutes
October 14, 2008
Chairman Alderson said he was concerned about the effect of this market
on the Art Under The Umbrellas event. He suggested they continue the
matter until they obtain further information on the parking, the number
and type of vendors, and any possible dust problems.
There being no further questions, or public comment, Chairman Alderson
closed the public participation portion of the meeting and opened the
matter for Commission discussion.
Assistant City Attorney Houston asked the Commissioners to clarify their
point regarding the tax status of the operators and asked if that was part
of the recommendation.
Commissioner Quill said his request was a non profit has to serve a
purpose of a non profit and he would like to understand what that
purpose is.
Assistant City Attorney Houston replied an organization can be a non
profit without having obtained certification by the IRS that they are either
tax exempt or one of the other entities that are awarded that kind of
status. Typically a 501(c)3 and 501(c)6, will have a determination letter
and he explained the difference between the two. The applicant should
have a letter from the IRS noting her status.
Commissioner Barrows suggested people might be riding their bikes and
walking and wanted to make sore they had appropriate facilities; such as
a place for people to park bikes.
Chairman Alderson was concerned that staff had all the
recommendations the Commissioners had suggested. Staff replied they
did and would work with the applicant between now and the next
meeting.
Chairman Alderson reopened the public hearing portion of the meeting.
There was no further discussion, and it was moved and seconded by
Commissioners Quill/Barrows to continue the Conditional Use Permit
2008-114 to the next Planning Commission meeting of October 28,
2008. Unanimously approved.
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 14
Planning Commission Minutes
October 14, 2008
C. Continued - Sign Application 2008-1281, a request of Highway One
Eleven Partners, LLC for consideration of a Sign Program for Permanent
Business Identification Signage for the Madison Square Commercial Retail
Development, located on the northeast corner of Highway 1 1 1 and Dune
Palms Road.
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.
Commissioner Barrows asked about the location of the project and staff
provided the information.
Commissioner Barrows said she was concerned about a monument sign
on the sidewalk, in this project, as well as the berm along that sidewalk.
Staff said there were several issues and explained the options available to
the Commission regarding approval.
Commissioner Barrows asked for clarification of the TS1 sign and
approval procedures. Staff explained the actions available for approval of
the signs.
Commissioner Weber said he was concerned about the sidewalks and
how the safety aspect was critical. He was glad to be able to move
forward and keep the project going without the concern of the monument
sign location. He asked when the staff would be looking at the
landscape and sidewalk. Staff said they did not have a current timeline.
Commissioner Wilkinson asked about the sidewalk and the changes made
by the City Council. Planning Director said it was discussed at the first
meeting in August but the Planning Commission conditions still stood.
No formal action was taken by Council. Commissioner Wilkinson asked
about the landscaping. Staff explained the layout of the landscaping.
Chairman Alderson asked staff about the revised footprint. Associate
Planner Wuu pointed out the exhibits and sizes of the structures.
Chairman Alderson asked about the revision of 250 square feet. Staff
asked for clarification of what the Chairman was asking and reiterated
P:\Reports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 15
Planning Commission Minutes
October 14, 2008
what the applicant was requesting. Planning Director Johnson said the
250 square foot sign area was consistent with staff's recommendation
and described what elevations were involved. The revised
recommendation was in excess of the 144 square feet. That would be
another eight or nine feet per sign. Staff gave the actual measurements
of the revised sign request. He suggested Mr. Sobel might be able to
expand upon that.
There being no further questions of staff, Chairman Alderson asked if
there were any applicant representatives or comments.
Mr. Brad Sobel, 420 south Beverly Drive, Beverly Hills, CA, introduced
himself and said he was speaking on behalf of the applicant. He said
they did extensive revisions on, the sidewalks and believed the
Commission would be very happy with it. It is critical to get the
sidewalks approved as it is holding up the grading permits. Those plans
will be given to City staff as soon as possible.
Commissioner Quill asked if one sidewalk, in one location, and was
preventing them from moving ahead. Planning Director Johnson
explained the role the sidewalk played in the issuance of permits.
Commissioner Quill commented the applicant said that permit was
holding up the grading.
Mr. Sobel said he didn't mean the City was holding up the application.
Chairman Alderson asked if the problem was on the applicant's side not
the City's. Mr. Sobel explained his situation and said it was not the City
holding him up.
Mr. Sobel explained the L.A. Fitness sign revision. He said they have a
new upscale club called the Signature Club. He described what the
upscale club would include.
Chairman Alderson asked if that was the entire club or just certain areas.
Mr. Sobel said it would be the entire club.
Mr. Sobel said the building was 4,200 square feet with the total interior
square footage of 4,700 square feet. He described where the entrances
were.
P:\Reports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 16
Planning Commission Minutes
October 14, 2008
Chairman Alderson asked him to address the signs and not the building
footprint.
Mr. Sobel said the original application was five foot letters. He directed
the Commissioners to page E3, showing four foot tall letters and 36 foot
long signs (148 square feet total). The sign program on page E3 showed
the scale of building versus the sign. He said this is not an overly
egregious sign when you compare it to other signs in the area. He
pointed out Option One which is actually bigger than what is proposed in
the sign program and pointed out the differences between the original
proposal and that given to the Commissioners. He said the whole sign
has gotten smaller, but the square footage increased.
Mr. Sobel directed the Commissioners to look at the elevation on Option
One and compare that to the sign program on E3, south elevation on the
bottom. He said this sign is actually smaller. The sign got smaller but
has more square feet.
Mr. Sobel went over the elevation of the building and the distance from
the street versus the size of the sign. He pointed out other signs
installed on Highway 1 1 1, as noted in the table presented on page 5 of
the staff report. He noted other buildings off of Highway 111 have
bigger signs that allowed for L.A. Fitness. He said this was a practical
issue versus a letter of the law issue. It has to do with visibility from
Highway 111.
Mr. Sobel said L.A. Fitness appreciated the City's option to potentially
have a third sign. He directed the Commissioners to Option Two and
explained the scale and visibility.
Mr. Sobel said they requested three monument signs and explained their
location.
Chairman Alderson had a question about Monument 3, the signs for In-N-
Out burger, and all the monument signs. Mr. Sobel described which
signs staff recommended, which the applicant was requesting and why.
There being no applicant comments Chairman Alderson asked if there
was any public comment.
P:\Reports - PC\2008\10-28-08\Draft Minutes 10-14-08.doe 17
Planning Commission Minutes
October 14, 2008
There being no further questions, or public comment, Chairman Alderson
closed the public participation portion of the meeting and opened the
matter for Commission discussion.
Commissioner Quill said he was okay with everything the applicant
requested and commented on the struggling economy and the need to
work with retailers.
Commissioner Wilkinson reiterated the recommendations made by staff
versus the revision by the applicant. He did not have a problem with the
applicant's recommendations or the monument signs. He said we have
to allow the businesses more visibility.
Commissioner Barrows said she was okay with the L.A. Fitness signs,
and the approved monument signs.
Commissioner Weber said he generally goes with staff, but looking at the
applicant's revisions, the overall footprint of the sign, and how the visual
impact is minimized, he didn't have a problem with the L.A. Fitness sign.
He did have a problem with the In-N-Out sign. He thought they were
excessive. He added was really looking forward to reviewing the
landscaping and the sidewalk since they had received a lot of attention
by the Mayor and the Council. He is looking forward to seeing the
sidewalk moved away from Highway 111.
Chairman Alderson spoke of how the Commission is constantly
bombarded with sign applications where people ask for a lot more square
footage, however he did agree with the applicant regarding the inclusion
of three monuments and the need to help businesses.
Commissioner Barrows asked for clarification of the staff's
recommendations versus what the applicant presented in their revision.
Planning Director Johnson gave an explanation of the recommendations
versus the revisions.
Mr. Sobel said the east side of the building has to do with a visibility
issue versus the buildings in the next shopping center. That's why L.A.
Fitness needed to put their sign on the top portion of the building so it
would be visible over the other buildings.
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 18
Planning Commission Minutes
October 14, 2008
Staff said they actually brought up the potential problem with the
visibility with the other buildings. They did not agree nor recommend
that a sign be placed over other buildings.
Commissioner Wilkinson had questions about the height which staff
answered.
Commissioner Wilkinson agreed with staff on moving the L.A. Fitness
sign to the lower fascia.
Commissioner Weber said if the sign was moved down to that location
the size would come into question as 100 feet might dominate that one
portion of the building.
Mr. Sobel said that side of the building is the largest portion of the
building and there is no rotunda.
Chairman Alderson said the point was it could be lowered as staff
recommended.
Commissioner Barrows said she would approve the application subject to
conditions with items numbered one (2 signs no larger than 158 square
feet), and two (elevations of signs be as described by staff).
There was no further discussion, and it was moved and seconded by
Commissioners Barrows/Quill to approve Minute Motion 2008-016
recommending approval of Sign Application 2008-1281 as recommended
by staff, with the exception of Building Three (L.A. Fitness) plans, and
the number of monument signs (from two to three) which were approved
as submitted by the applicant, prior to the meeting. Unanimously
approved.
VI. BUSINESS ITEMS: None
VII. CORRESPONDENCE AND WRITTEN MATERIAL:
Material was distributed on "The Complete Streets Act becomes California
Law". Material related to updates to city and county general plans related to
traffic circulation and the accommodation of the needs of bicyclists, pedestrians
and transit riders, as well as motorists.
P:\Reports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 19
Planning Commission Minutes
October 14, 2008
Vill. COMMISSIONER ITEMS:
Commissioner Weber gave a report on the City Council Meeting of October 7,
2008.
Commissioner Wilkinson is scheduled to present the next Council report.
Commissioner Quill gave some information on building homes in the present
economic state; using the example of KB Homes Commissioner Wilkinson
asked about the additional Annexation fees.
Chairman Alderson commented on the upcoming Ethics Training. Assistant City
Attorney Houston said Commissioners could attend in person or do on-line
training. He added ethics training received would satisfy AB1234 requirements.
If you attend in person you will receive a certificate,
Commissioner Quill gave information on the Coachella Valley Bike Community
Trails. He said they are just in the process of finishing up a power point on
regional trails plan and asked if he would make a sample presentation at the
Commission's November 12, 2008, meeting. He offered to have a question
and answer session after the presentation. Planning Director Johnson asked if it
was just an informational item, or in support of advocacy. If it was just
informational, it could be agendized as a Commissioners' Item. The
Commissioners agreed it would not be a problem.
IX: DIRECTOR ITEMS:
Planning Director Johnson gave information, in response to a previous question
from Commissioner Wilkinson on a memo which was distributed to the
Commissioners regarding City Code requirements for the use of Smart
Controllers as requested in the September 23, 2008, meeting. Staff suggested
it be brought up at a future meeting to answer any questions.
Discussion of the November 25, 2008, Joint Council Meeting. A suggested
agenda item was the Whitewater Trail with an opportunity for dialogue. Staff
asked if the Commissioners had additional items to let them know.
Commissioner Barrows asked if it was still 5:00 . Staff said yes. Commissioner
Barrows said she would then be unable to attend the Joint Meeting.
Planning Director Johnson made the comment, in response to the decision made
on the signage, staff does take a conservative position regarding allowed
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 20
Planning Commission Minutes
October 14, 2008
signage unless directed by the Planning Commission. Staff has been
consistently taking a conservative position when applicants inquire because
historically it has been the Planning Commission's stance to take a conservative
position. He said unless the Planning Commission directs staff otherwise, they
will continue to take such a conservative stance. More often than not
applicants come in requesting significantly larger signs. He wanted staff's
position confirmed.
Chairman Alderson said he appreciated the viewpoint taken by staff.
Commissioner Quill concurred with staff's position. He said the staff needed to
take a conservative position, and then the Planning Commission can make any
adjustments. Staff replied the Commission does have that discretion, and added
they would rather set it up so that the Planning Commission makes the decision
and staff does not encourage larger signs.
X. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners
Barrows/Wilkins to adjourn this regular meeting of the Planning Commission to the
next regular meeting to be held on October 28, 2008. This regular meeting was
adjourned at 10:04 p.m. on October 14, 2008.
Respectfully submitted,
Carolyn Walker, Executive Secretary
City of La Quinta, California
PAReports - PC\2008\10-28-08\Draft Minutes 10-14-08.doc 21
PH#A
PLANNING COMMISSION
STAFF REPORT
DATE: OCTOBER 14, 2008
CASE NO.: CONDITIONAL USE PERMIT 2008-114
APPLICANT: LA QUINTA FARMERS/FLEA MARKET, INC.
REQUEST: CONSIDERATION OF AN OUTDOOR MARKET
LOCATION: 77-880 CALLE TAMPICO; BENJAMIN FRANKLIN
ELEMENTARY SCHOOL IN THE LA QUINTA VILLAGE
PROPERTY
OWNER: DESERT SANDS UNIFIED SCHOOL DISTRICT
GENERAL PLAN: VILLAGE COMMERCIAL
ZONING: VILLAGE COMMERCIAL
ENVIRONMENTAL
DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS
DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
PROVISIONS OF SECTION 15304 (CLASS 4) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN
THAT THE PROPOSED PROJECT INVOLVES MINOR
TEMPORARY USE OF LAND HAVING NO NEGLIGIBLE OR
PERMANENT EFFECTS ON THE ENVIRONMENT.
SURROUNDING
LAND USES: NORTH: SILVERHAWK APARTMENTS
SOUTH: RESIDENTIAL/COMMERCIAL USES
EAST: KSL OFFICE BUILDING; LA QUINTA RESORT
EMPLOYEE PARKING LOT
WEST: LA QUINTA RESORT AND CLUB GOLF COURSE
UPDATE:
This item was previously continued by the Planning Commission at their October
14, 2008 meeting. The item was continued to the next Planning Commission
meeting on October 28, 2008. The applicant, in working with staff, is requesting a
second continuation to the November 25, 2008, Planning Commission hearing in
order to provide adequate time to address outstanding issues. If a third continuance
1
is deemed necessary, staff will request that this item be taken off calendar and
would provide public notice for a future hearing date. There was some opposition
regarding the event, those parties have been notified of the requested continuance.
The applicants request by email for a continuance to the November 25, 2008
meeting is attached as Attachment A.
BACKGROUND:
The La Quinta Farmers/Flea Market, Inc., a Non -Profit Mutual -Benefit Corporation,
has proposed to operate a season -long outdoor market. The event is unnamed at
this time. The proposed market is located at the Benjamin Franklin Elementary
School, located at the northeast corner of Calle Tampico and Eisenhower Drive,
adjacent to the La Quinta Village District. The market would run every Saturday
beginning the first weekend in November to the last weekend in May.
REQUEST -
The applicant requests a Conditional Use Permit to allow the operation of an annual
outdoor market and associated temporary structures to be held on a weekly basis
at the Benjamin Franklin Elementary School. The proposed event would begin in
November and run through the month of May; this year's event proposes to begin
on November 1, 2008. The event will be open to the public between the hours of
8:00 a.m. and 3:00 p.m., with setup between 6:00 a.m. and 8:00 a.m. and
cleanup between 3:00 p.m. and 4:00 p.m. The market proposes to have a majority
of non-food vendors; however, food vendors are not prohibited from the event. As
proposed in the applicant's business plan, a mix of items would be for sale
including art, architectural pieces, jewelry, euro-linens, antiques and collectables,
food -stuffs and other similar type items.
The proposed event would utilize the two parking lots at Benjamin Franklin
Elementary School. The west parking lot would be closed to vehicular traffic and
serve as the sales venue; allowing a pedestrian atmosphere to take its place. The
east parking lot will remain open and function as the on -site parking facility for the
event. During setup time, vendors would be allowed to set-up their booths, tents
and merchandise. In addition, all temporary services, such as trash cans, restrooms
and barricades would be placed on site. Since the operation is temporary, all items
would be removed from the site following the conclusion of each event.
The event proposes to allow a maximum of sixty (60) vendors and would provide
patrons with a diverse range of high -quality products and food items and aims to
create a pleasant, old-world market atmosphere. The event would prohibit amplified
music, but would allow for non -amplified live performances of music.
2
The proposed event, as conditioned, is in compliance with the City of La Quinta
Municipal Code and General Plan. The proposed outdoor market located at the
elementary school is expected to be a destination event in the La Quinta Village
Commercial District. The event would serve as a place for locals to congregate and
enjoy an outdoor shopping experience, at a time when the weather is ideal to be
outside. The event has the potential to benefit not only residents of La Quinta, but
also businesses in the La Quinta Village Commercial District. Additionally, the
proximity to nearby residential neighborhoods could encourage many patrons to
walk or bicycle to the event. Since the event is conducted on Saturday mornings at
an elementary school, there should be minimal effects on nearby residences and the
flow of traffic.
Outdoor Market
The proposed event would allow a maximum of sixty (60) individual vendors to
operate during the market. It is anticipated that many of the vendors will operate
under "pop-up" — type tents or similar structures. The potential exists for vendors
to sell their products directly from their vehicle; however, due to concerns over site
aesthetics and pedestrian safety, staff has recommended that vehicles not be
allowed within the event boundaries during the hours the event is open to the
public.
Products available for sale are limited by the applicant's event description, business
plan, and the conditions of approval. Per the applicant's event description, vendors
are limited to the sale of high -quality artisan and craftsman quality products
including art, jewelry, architectural pieces and other similar types of crafts. It is not
intended to be a swap meet with the resale of used personal goods or a discount
sales event for the sale of overstock or wholesale purchased items.
Parking
Since the event is conducted on Saturday mornings, when the demand for parking
is relatively low, there should be minimal effects on nearby residences, and the
normal flow of traffic. The event and all vendors will be located within the west
parking lot at Benjamin Franklin Elementary School. The east parking lot at the
school site has been dedicated as the event's primary parking location. The east
parking lot contains over seventy five (75) parking spaces, including handicap
parking, and is considered sufficient to accommodate all visitors and vendors. The
on -site parking provided for the event is anticipated to accommodate those
attending the event. In the event that the east parking lot is filled, overflow parking
is available at public parking lots along Avenida Bermudas, and other public
roadways located throughout the La Quinta Village Commercial District.
3
The outdoor event is a compatible use for the proposed area. Only minimal impacts
on nearby businesses and the surrounding residential neighborhood are anticipated,
as there is sufficient parking on -site and throughout the La Quinta Village District to
support the use. Though the temporary event and its associated temporary
structures will convey a temporary appearance, the applicant has provided aesthetic
relief by having all vendors face inward into the site, and has limited vendor display
and signage. Therefore, staff is recommending approval of the Conditional Use
Permit for the current 2008 — 2009 season, as well as three subsequent seasons
(2009-2010, 2010-2011, 2011-2012), subject to conditions of approval.
Public Notice
This request was published in the Desert Sun newspaper on October 1, 2008, and
mailed to all affected property owners within 500 feet of the school site as required
by Section 9.200.110 of the La Quinta Municipal Code.
Public Agency Review
A copy of this request has been sent to all applicable public agencies and City
Departments on August 20, 2008. All written comments received are on file with
the Planning Department. Applicable comments received have been included in the
recommended Conditions of Approval.
STATEMENT OF MANDATORY FINDINGS:
Findings to approve this request per Section 9.210.020.F of the City of La Quinta
Zoning Code can be made and are contained in the attached Resolution.
Staff is requesting this item be continued to the November 25, 2008, Planning
Commission meeting.
Prepared by:
ERIC CEJA, 9ssistant Planner
Attachments:
1. Request for Continuance
2
ATTACHMENT 1
Eric Ceja
From: Susan Weinstein [susanweinstein2@earthlink.net]
Sent: Tuesday, October 21, 2008 6:29 PM
To: Les Johnson
Cc: Eric Ceja
Subject: Second request for continuation of November 25th meeting
City Planning Commission 10-21-08
This is my second request to the Planning Commission for a continuation to the November 25th meeting in order
to allow time for me to fully respond to the items for which they have ask for additional information that had
been over looked earlier. Thank you, Susan Weinstein
10/24/2008
PH#B
STAFF REPORT
PLANNING COMMISSION
DATE: OCTOBER 28, 2008
CASE NO.: TENTATIVE PARCEL MAP 35559 & SITE DEVELOPMENT
PERMIT 2008-903
REQUEST: 1) CONSIDERATION OF THE SUBDIVISION OF ONE
PARCEL INTO FOUR NUMBERED PARCELS AND A
LETTERED COMMON PARCEL
2) CONSIDERATION OF ARCHITECTURE AND
LANDSCAPING PLANS FOR A 50,000±
SQUARE FOOT RETAIL COMMERCIAL CENTER
CONSISTING OF FOUR BUILDINGS
LOCATION: EAST OF WASHINGTON STREET, WEST OF CALEO BAY
DRIVE, 500 FEET NORTH OF AVENUE 48
APPLICANT: TALBERT DEVELOPMENT, INC.
ARCHITECT: PERKOWITZ AND RUTH
LANDSCAPE
ARCHITECT: MICHAEL BUCCINO ASSOCIATES
ENVIRONMENTAL
REVIEW: THE LA QUINTA PLANNING DEPARTMENT HAS
DETERMINED THAT THIS PROJECT IS EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332
(CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN THAT THE PROPOSED PROJECT IS LESS
THAN FIVE ACRES, IS AN EXISTING URBAN INFILL
DEVELOPMENT LOCATED ON A PREVIOUSLY GRADED
AND PARTIALLY IMPROVED PARCEL, AND IS CONSISTENT
WITH THE CURRENT GENERAL PLAN POLICIES, ZONING
REGULATIONS, AND ZONED LAND USE.
ZONING: COMMUNITY COMMERCIAL (CC)
GENERAL PLAN
DESIGNATION: COMMUNITY COMMERCIAL (CC)
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc ]
SURROUNDING
ZONING/LAND USES: NORTH:
COMMUNITY COMMERCIAL (CC), VACANT,
LA QUINTA MEDICAL CENTER
SOUTH:
COMMUNITY COMMERCIAL (CC),
WALGREENS, RETAIL SHOPS
EAST:
LOW DENSITY RESIDENTIAL (RL), LAKE LA
QUINTA, SINGLE FAMILY HOMES
WEST:
LOW DENSITY RESIDENTIAL (RL), VACANT/
LAING LUXURY HOMES
BACKGROUND:
The 4.8 acre Community Commercial zoned site is located between Washington Street
and Caleo Bay Drive, approximately 500 feet north of Avenue 48 (Attachment 1). To
the south of the site are an existing Walgreens and a small commercial center
containing offices and retail shops. Immediately north of the site is a 1.12 acre vacant
parcel, with the La Quinta Medical Center located just beyond. Lake La Quinta, a
private gated residential neighborhood, is located to the east of the site across Caleo
Bay Drive. The west entrance gate to Lake La Quinta will align with a driveway for the
proposed project at Caleo Bay Drive. Laing Luxury Homes Tract 35060, a 74-lot single
family residential project approved for construction, is located to the west of the
project site across Washington Street.
Vehicular and pedestrian access to the project site will come from Washington Street,
Caleo Bay Drive, and a shared internal driveway with the adjacent Walgreens site. The
project will also provide an internal shared driveway with any development that occurs
on the vacant 1.12 acre parcel to the north. The existing perimeter landscaping and
small retention basin located along Washington Street are maintained by the same
property owners association responsible for the adjacent properties. A Sunline bus stop
with shelter for Line 70 is located in front of the project site along Washington Street.
The property was originally subdivided as one of three commercial parcels associated
with the Lake La Quinta development in 1989 under Tract 24230. In April of 2002,
the Planning Commission approved a three story, 120 room Residence Inn hotel at this
location. The property was again subdivided under Parcel Map 27892 in January of
2004, an action which created the 20 foot landscaping parcel along Washington
Street. The hotel was never constructed and the associated Site Development Permit
expired in 2004.
PROJECT REQUEST:
The applicant has submitted Tentative Parcel Map 35559 and Site Development Permit
2008-903, requesting a subdivision of the 4.8 acre property into four numbered parcels
and a lettered parcel, along with the approval of architecture and landscaping plans for
P:\Reports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doe 2
a 50,000 t square foot retail shopping center consisting of four buildings.
Tentative Parcel Map 35559
The first portion of this proposal involves the division of the 4.8 acre property into a
four -parcel layout with a shared common parcel (Attachment 1). As the proposed
tentative parcel map is for condominium purposes, each numbered parcel will wholly
contain one of the four buildings proposed in the Site Development Permit. The interior
of all four of the buildings are able to be physically divided into multiple tenant spaces,
but their ownership will not be subdivided internally.
The footprint of each parcel accommodates the required Municipal Code standards
regarding building setbacks from adjacent zoning, properties, and rights -of -way.
Reciprocal access and parking easements for shared parking and access between all
parcels have been identified on the plans and are included in the recommended
Conditions of Approval which will require the applicant to record a reciprocal access
and parking agreement to run with the land in a form and content satisfactory to the
City Attorney. The developer has submitted a construction plan that identifies all four
buildings to be constructed at the same time.
Site Development Permit 2008-903
The second portion of the project is for a Site Development Permit approving the
construction of four retail commercial buildings (Attachment 2). As the four proposed
buildings are condominiums, each lettered building identified on the architectural plans
corresponds to a numbered parcel identified on Tentative Parcel Map 35559 (for
example, Building "A" is Parcel 1, etc.). The project site plan orients the four buildings
towards the interior of the project site, with parking placed at the center and around
three sides of the perimeter. Vehicular access will come from Washington Street, Caleo
Bay Drive, and a shared internal driveway with the existing Walgreens to the south.
Pedestrian access into the site will come from existing sidewalks along the perimeter
streets. An existing retention basin located at the southwest corner of the property is
proposed to be retained and modified, supplemented by the use of underground
retention basins and permeable pavers. The applicants have not identified any tenants
to occupy the retail center at this time.
The applicants have indicated that they are seeking a LEED (Leadership in Energy and
Environmental Design) certification from the U.S. Green Building Council for the project
and are attempting to incorporate environmentally -conscious materials and design
methods into the project, including the use of permeable pavers, enhanced insulation,
energy -efficient products, and regionally -produced building materials. The final
determination as to which specific elements will be incorporated into the project will be
made during the preparation of the construction documents.
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 3
Architectural Design, Mass, and Scale
The four proposed buildings consist of an eclectic and contemporary combination of
architectural styles which utilize a desert color palate having different shades of tan,
brown, and grey colors, and incorporate a combination of building materials, including
stucco, stamped concrete, and brick. The applicants have submitted a materials board
and color palate which will be presented during the public hearing, a copy of which is
also located in Attachment 2 on Sheet M-1.
Due to the use of a varied parapet and raised architectural features, the height of each
building ranges from 22 feet to 35 feet, with the exception of Building "D" which has a
proposed 40 foot clock tower with an 8 foot spire. Building "A," having 10,690 square
feet, is located on the northwest portion of the site and will have the greatest visibility
from Washington Street. Building "B," the smallest of the four at 7,050 square feet, is
situated on the northeast portion of the site. Building "C" is 11,540 square feet and is
situated to the southeast, with the rear of the building facing the existing Walgreens.
Building "D" is the largest of the four at 20,740 square feet, and is situated at the
southeast corner of the project site.
The proposed architecture utilizes different colors, materials, and design features to
provide an impression of greater depth (Attachment 2 & 3, Sheets A3.0-A3.3). The
roofline consists of a varied parapet with a decorative linear cornice surrounding what is
generally a flat -roofed building. Portions of the structure are broken up by raised tower
entry sections topped with two-piece clay tile roofing. The buildings' facade consists of
decorative stucco and brick sections which are varied through the use of arches,
decorative pilasters, and raised tower sections. Building facade pop -out and pilaster
depth ranges from about one to three feet. Inset archways are proposed to contain
vertical trellises. The use of horizontal canopies and shade trellises provide solar
protection to storefronts and provide some additional depth to the building elevations.
All proposed mechanical equipment has been identified to be placed on the roof and
screened from view behind the parapet (Attachment 2, Sheets A2.0-A2.1).
Landscaping, Streetscape, and Lighting
The applicant has submitted landscaping plans that identify cooling water -features,
shade trees planted within pedestrian areas, flower pots and planters, and a water -
efficient plant palate. The proposed tree palate includes Tipu Trees, Shoestring Acacias,
Camphor Trees, Crape Myrtle Trees, and California Fan Palms. Tipu Trees are proposed
to provide the majority of shade within the central parking area, with Camphor Trees
and planted along the north and northeast perimeter parking areas. The shrub and vine
plant palate includes a variety of water -efficient and desert -appropriate species.
Calliandra (Pink Powder Puff) and Wisteria Sinensis (Chinese Wisteria) have been
identified for planting on the vertical trellises within the archways along the building
elevations. Perimeter landscaping along Washington Street, consisting of the Date
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 4
Palms and turf, will continue to remain in place as is. Along Caleo Bay Drive, parking is
proposed to be screened with Rose bushes and closely -spaced Nandina domestica
(Heavenly Bamboo), between one and a half to three and a half feet in height.
The project's proposed pedestrian circulation design identifies two improved pedestrian
paths on each side of the existing bus stop located along Washington Street and, due
to a grade difference, steps and a ramp leading to the existing sidewalk and intersection
along Caleo Bay Drive. The landscaping plans (Attachment 2, Sheet L1.0) identify the
potential placement of street furniture and the use of a permeable surface with
interlocking pavers within the central parking area. The applicants are also requesting
approval by the Planning Commission for the three proposed water features.
The applicants have identified proposed lighting fixtures, photometric plans, and bulb
types with their application (Attachment 2, Sheet E1.0 & Exhibit D). Sidewalks will be
illuminated from bollards and carriage lantern -type fixtures proposed to be installed on
the buildings. The interior parking area will contain freestanding lantern -type fixtures,
while the outer parking area will be illuminated by freestanding shoebox-type fixtures.
No height has been identified on the plans for either type of freestanding lighting
fixtures.
ANALYSIS:
The applicants have opted to utilize a commercial condominium map for the Shoppes at
La Quinta. Although this is a less -common practice among retail commercial
developments, when compared to a traditional commercial parcel map (such as
Washington Park or Komar Desert Center), the use of a condominium parcel map does
not result in any changed conditions. The applicants have referenced that the purpose
of the parcel map is for financing and that all four buildings would be constructed
together.
Project Circulation and Layout
Traffic will access the site from a deceleration lane along Washington Street and from a
standard intersection along Caleo Bay Drive. The proposed deceleration lane along
Washington Street entering the site will consist of an elongated bus turnout. Staff does
not foresee merging issues with the shared use of a bus turnout and deceleration lane
due the hourly schedule of the Line 70 buses and the 200 t foot length of the lane.
The applicants have noted that truck loading and unloading for the tenants will occur
along the northern and northeastern perimeter of the project and that they anticipate
the majority of deliveries to be made by smaller service vehicles. The applicants have
submitted a truck turning template which identifies that the project can be safely
maneuvered by fire and semi -trucks. The applicants have also submitted a traffic study
which identifies that the proposed project will not result in a substantial impact on the
surrounding streets and intersections.
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 5
As this portion of Washington Street is identified as a 132 foot wide Augmented Major
Arterial in the General Plan, the applicants have been conditioned to dedicate an
additional 6 feet of public right-of-way. The existing half -street portion of the right-of-
way is currently 60 feet and is identified in the General Plan at 66 feet.
Architecture and Building Height
The proposed contemporary architectural style of the Shoppes at La Quinta is
essentially consistent with surrounding retail projects such as Washington Park and the
recently constructed adjacent retail center at the corner of Avenue 48 and Caleo Bay
Drive. Although the Shoppes at La Quinta will consist of single story buildings, the
height and massing of the buildings, generally ranging from 22 to 35 feet, are closer to
that of two-story structures. As portions of the project are over 22 feet in height and
are located within 100 feet of a residential district, as per Section 9.210.010 of the
Zoning Ordinance, the Planning Commission action regarding this Site Development
Permit application will be reviewed by the City Council as a Consent Calendar item.
Washington Street is a designated Major Arterial within the General Plan and has a 22
foot height restriction for any structure within 150 feet of its right-of-way. The
architect has designed the general roofline of buildings "A" and "C" to be 22 feet in
height within this height -restricted area, but has included architectural projections and
tower entry features, which are exempt from this requirement, that extend up to 26
feet. Buildings "B" and "D" are not affected by this 22 foot height limitation, as they
are farther than 150 feet from Washington Street.
The Community Commercial zoning district permits structures up to 40 feet in height
and permits architectural projections up to 15 feet in height. The applicants are
proposing a 40 foot clock tower feature (including spire) on Building "D" which meets
but does not exceed this height limitation. The applicants have not indicated if an
hourly clock tower bell will be used, but staff has recommended a condition of approval
to require Director's review and approval if one is desired.
The applicant has informed staff that they have met with representatives of the
adjacent Lake La Quinta and Rancho La Quinta neighborhoods regarding the proposed
project and has provided staff with letters from the respective homeowner associations
supporting the project (Attachment 4). The height, massing, and scale of the buildings
may still be of concern to the individual residents. Individual residences along Caleo Bay
Drive have walled and gated front yards setback about 15 feet from the street. The
applicant has prepared a basic sight -line study to identify the perceived height of the
buildings from adjacent residences along Caleo Bay Drive (Attachment 2, Sheet LS1.0).
One of the concerns that come with many retail commercial projects in the desert
involves solar exposure. The proposed buildings contain high ceilings with large glass
entries which elevate their level of solar exposure. The applicants have proposed
P:\Reports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc
installing trellises and canopies above store entrances and have identified using mature
trees with larger canopies for shading. South -facing windows along buildings "A" and
"B" and the west facing windows along buildings "A" and "C" will be the areas of
greatest exposure. Following the ALRC hearing, the applicants provided revised plans
which identified greater use of trees for shading along the south -facing elevations.
Landscaping and Pedestrian Uses
The applicants have promoted the project's use of outdoor pedestrian spaces and
pedestrian connectivity. The proposed plans provide areas for outdoor seating, utilize
permeable pavers within the central parking area, provide greater shading of pedestrian
areas, propose three cooling water features, and identify connections to the existing
sidewalks along Washington Street and Caleo Bay Road. The two sidewalks that enter
the site from Washington Street have been located on each side of the bus stop, rather
than along the driveway. The sidewalk width between the parking lot and the buildings
is 10 feet, a portion of which may include some overhang from the front end of parked
cars due to the parking spaces being 17 feet in length. Staff supports the applicant's
use of water features if the areas around them have a functional use such as outdoor
seating or benches.
The applicant has not identified any bicycle parking areas on the submitted plans. Retail
centers are required under the Parking Ordinance to provide five securable bicycle
parking spaces for each tenant having over twenty thousand square feet of gross floor
area, located in shaded locations and out of the way of pedestrian flows. Because the
center may not have a single retail tenant with over 20,000 square feet, staff
recommends a condition of approval to require bicycle parking.
The proposed conceptual landscaping plans are a desert -appropriate design and identify
larger tree sizes than comparable commercial projects. The landscape architect has
proposed utilizing 60 inch box size Tipu Trees for shading high -traffic pedestrian areas
at the center of the project. Closely spaced 46 inch box Camphor Trees are proposed
around the north and northeastern portions of the parking lot to meet the shading
requirements and screen the rear of the buildings from adjacent properties. Portions of
the buildings will be shaded by attached vertical trellises planted with calliandra (Pink
Powder Puff) and bignonia venusta (Flame) vines.
The applicants have proposed to retain the existing Washington Street perimeter
landscaping as -is. This landscaping is within a 20 foot wide parcel that runs along
Washington Street and a portion of Avenue 48, which is owned and maintained by a
separate property owner association. In order to obtain access from Washington Street,
the applicants have obtained written approval from the property owners association to
construct the proposed driveway and modify the existing retention basin located at the
southwest corner of the project site. Because the landscaping for this area will be
disturbed and replanted following construction, staff has recommended a condition of
P:\Reports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 7
approval to remove the existing turf and replace the perimeter landscaping with desert -
appropriate landscaping consistent with the remainder of Shoppes at La Quinta.
One issue that often arises with commercial centers involves the screening of parking
areas from adjacent properties and perimeter streets. The applicant has proposed
screening the parking areas through the use of landscaping rather than a constructed
berm or wall. Because the property is elevated a few feet higher than the adjacent
streets and residences, there have been concerns with the proposed Rose and nandima
domestica (Gulf Stream) bushes, which may not be able to provide adequate screening
of vehicles (Attachments 2 & 3, Sheet L1.1). Staff also has concerns that the berm
along Washington Street may not be adequate to fully screen the parking area. As a
result, staff has recommended first, that all landscaping be inspected by staff for
screening conformance following planting, and secondly, that the applicant ensure that
a 3 to 4 foot landscaped berm be maintained within the Washington Street landscaping
setback to screen the parking area.
Outdoor Lighting
The applicants have submitted a proposed outdoor lighting plan which includes
photometric plans and cut sheets of lighting fixtures. Light fixtures attached to the
building are proposed to be of a more traditional carriage -lantern design which
compliments the architecture. No height limits have been identified for the freestanding
lighting fixtures within the parking lot. Due to the proximity of adjacent residential uses
and the elevated building parcel, it is recommended that all freestanding lighting fixtures
be focused within the property, be fitted with a visor or bulb refractor if deemed
necessary, and not exceed 20 feet in height. Staff also recommends that all
freestanding lighting be either turned off or dimmed to a level deemed appropriate by
the Planning Director within one hour after closing.
Summary
Staff is supportive of the applicants attempt to create a pedestrian oriented commercial
center, the use of larger landscaping specimens for improved shading, and the interest
by the developer to obtain a LEED certification from the US Green Building Council. Due
to the project's proximity to Lake La Quinta and Rancho La Quinta, special attention
should be paid to screening, lighting, and landscaping. Although staff has not received
any letters opposing the project and has received letters of support from the adjacent
homeowners associations, there may still be concerns to the individual residents.
Overall, the commercial project has a balanced design which is compatible with both
the existing neighborhood and commercial developments and as such, staff is able to
recommend approval of the project as conditioned.
P:\Reports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 8
ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW:
The ALRC reviewed this request at the September 3rd, 2008 meeting. The Committee
adopted Minute Motion 2008-019 recommending approval by a 2-1 vote, with
Committee Member Rooker dissenting (Attachment 5). In the hearing, Committee
Member Rooker noted that he did not support the orientation of the proposed buildings
as designed. The ALRC recommended the following conditions:
1. All parking areas shall be screened from view through the means of a
landscaped berm, a three foot high decorative masonry wall, landscaped hedges
or bushes with significant foliage, or a combination of all three methods. All
screening shall be reviewed and approved by the Planning Director.
2. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting)
of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20
feet in height, shall be fitted with a visor if deemed necessary by staff, and be
turned off or reduced to a level deemed appropriate by the Planning Director
within one hour following store closing hours.
3. All rooftop mechanical equipment shall be completely screened from view
behind the parapet. Utility transformers or other ground mounted mechanical
equipment shall be fully screened with a screening wall or landscaping and
painted to match the adjacent buildings.
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. 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 these units.
NOTE: Plans are not approved for construction until signed by both the
Planning Director and/or the City Engineer.
5. The site plan shall identify a minimum of five securable bicycle parking spaces
and any fixed pedestrian seating, such as benches or tables.
P:\Reports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 9
6. All signs identified on the submitted plans shall be approved under a separate
sign program application.
PUBLIC NOTICE AND COMMENT:
This project was advertised in the Desert Sun newspaper and posted on October 17t"
2008. All property owners within 500 feet of the site were mailed a copy of the
public hearing notice. Staff received letters from the Lake La Quinta and Rancho La
Quinta homeowners associations supporting the project. No comments concerning the
project were received from either the members of the public or outside agencies.
FINDINGS:
The findings necessary to approve the Tentative Parcel Map and Site Development
Permit can be made provided the recommended Conditions of Approval are imposed
per Section § 13.12.130 of the Subdivision Ordinance and per Section § 9.210.010 of
the Zoning Code, as noted in the attached Resolutions.
RECOMMENDATION:
Adopt Planning Commission Resolution 2008-_ approving Tentative Parcel Map
35559, pursuant to Findings and conditions, to allow the subdivision of the 4.8 acre
property into four parcels.
Adopt Planning Commission Resolution 2008-_ approving Site Development Permit
2008-903 pursuant to Findings and conditions, to allow construction of a 50,000±
square foot retail commercial center.
ATTACHMENTS:
1. Vicinity Map
2. Tentative Parcel Map 35559
3. 11 "x17" Color Plans and Elevations*
4. Large -Format Plans and Elevations
5. Letters from Adjacent Homeowners Associations
6. Minutes for the September 3, 2008 Architecture and Landscape Review
Committee
*The materials board will be made available to the Planning Commission during the
public hearing.
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 10
Prepared by:
A ew J. Mogensen
P incipal Planner
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\PC staff rpt. SDP 2008-903 TPM 35559.doc 11
PLANNING COMMISSION RESOLUTION 2008-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE SUBDIVISION OF 4.82± ACRES INTO FOUR
COMMERCIAL CONDOMINIUM PARCELS
CASE NO.: TENTATIVE PARCEL MAP 35559
APPLICANT: LA QUINTA SHOPPES, LLC.
WHEREAS, The Planning Commission of the City of La Quinta,
California, did on the 281" day of October, 2008, hold a duly noticed Public Hearing
to consider the request of La Quinta Shoppes LLC., for the subdivision of 4.82±
acres into four commercial parcels, located in a Community Commercial zoning
district along the east side of Washington Street approximately 500 feet north of
Avenue 48, more particularly described as:
PARCEL 2 AND A PORTION OF PARCEL 3 OF PARCEL MAP 27892
WHEREAS, said Tentative Parcel Map has complied with the
requirements of the "Rules to Implement the California Environmental Quality Act
of 1970" as amended (Resolution 83-63), in that the Planning Department has
determined that the proposed Tentative Parcel Map is exempt from CEQA review
under Guidelines Section 15332 (Infill Development); and,
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on the 17" day of October, 2008, as
prescribed by the Municipal Code. Public hearing notices were also mailed to all
property owners within 500 feet of the site; and
WHEREAS, at said public hearing, the Project materials, staff report,
staff presentation, the applicant's presentation, and the testimony and materials
submitted by interested persons during the public hearing, did make the following
mandatory findings to justify approval of Tentative Parcel Map 35559:
Finding A — The proposed map is consistent with the City of La Quinta General
Plan and any applicable specific plans.
The proposed condominium parcel map is consistent with the goals and policies of
the General Plan and is consistent with the designated Community Commercial land
uses, in that the map will contain commercial condominiums for retail, office uses,
and general business. The proposed map is not located within the area of any
approved specific plan.
12
P:\Reports - PC\2008\10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC
Planning Commission Resolution 2008-
Tentative Parcel Map 35559
La Quinta Shoppes, LLC.
October 28, 2008
Finding B - The design or improvement of the proposed subdivision is consistent
with the City of La Quinta General Plan and any applicable specific plans.
Infrastructure improvements to serve this project are located in the immediate area
and will be extended based on the recommended Conditions of Approval. The
private driveways will provide access to all proposed buildings on the site in
compliance with City requirements. Accommodations for on -site stormwater
retention shall be provided both above and below ground. The proposed map is not
located within the area of any approved specific plan.
Finding C - The design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially injure fish or
wildlife or their habitat.
The design of the subdivision will not result in the loss of existing wildlife habitat,
nor will it have an effect on the conditions of the existing surrounding
neighborhood because the project is located within an existing urban in -fill parcel of
less than five acres that has been previously graded and partially improved.
Furthermore, the La Quinta Planning Department has determined that this
subdivision is exempt from an Environmental Assessment pursuant to the criteria
as listed in Section 15315 of the Guidelines to the California Environmental Quality
Act as an urban in -fill development.
Finding D - The design of the subdivision or type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
Public easements will be retained and required in order to construct any buildings
on the proposed lots, ensuring adequate facilities for future development in
compliance with Section 13.24.100, "Improvements," of the Subdivision
Ordinance. Legal access is provided from Washington Street, Caleo Bay Drive, and
adjacent properties. Utility, parking, and reciprocal access easements for all parcels
have been provided for, or have been conditioned as a part of the approval of the
parcel map.
Finding E — The site is suitable for the development of the project.
The subdivision is physically compatible with the site with regard to level
topography for the type of land use designation and development of the subject
property, and in consideration of existing commercial and residential development
13
PAReports - PC\200M10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC
Planning Commission Resolution 2008-
Tentative Parcel Map 35559
La Quints Shoppes, LLC.
October 28, 2008
in the surrounding area. The site was previously approved and graded for
commercial uses and is therefore suitable for the development of the project.
Finding F - The design of the subdivision or type of improvements are not likely to
cause serious public health problems.
As conditioned, the proposed subdivision will not result in any increased hazard or
create conditions materially detrimental to public health, safety, or welfare, as the
design has been reviewed by the appropriate responsible agencies for health,
welfare, and safety issues, including Police and Fire Departments, with none
identified.
Finding G - The design of the subdivision provides adequate parking, circulation,
and access.
As conditioned, the project has been designed to provide adequate access and
circulation, identifying four driveway entry locations with reciprocal access,
accessible paths of travel, and accommodates access for public transit,
pedestrians, and bicycles. All three parcels have shared parking and access to each
other and a public right-of-way.
Based upon these conditions, the Planning Commission finds that the subdivision
complies with all City requirements and will not result in any significant impacts on
the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the
Planning Commission in this case;
1. That the Planning Commission does hereby approve Tentative Parcel Map
35559 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 28" day of October, 2008, by the
following vote, to wit:
14
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC
Planning Commission Resolution 2008-
Tentative Parcel Map 35559
La Quints Shoppes, LLC.
October 28, 2008
AYES:
NOES:
ABSENT:
ABSTAIN:
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
LES JOHNSON
Planning Director
City of La Quinta, California
15
PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC
PLANNING COMMISSION RESOLUTION 2008-
CONDITIONS OF APPROVAL - RECOMMENDED
TENTATIVE PARCEL MAP 35559
SHOPPES AT LA QUINTA
OCTOBER 28, 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 October 28, 2010, two years after
Planning Commission approval, unless recorded or granted a time extension
pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit
expiration and time extensions) and the Subdivision Map Act.
4. Tentative Parcel Map 35559 shall comply with .all applicable conditions of
approval for Site Development Permit 2008-903.
5. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
• Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• Planning Department
• Riverside Co. Environmental Health Department
16
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• SunLine Transit Agency
• South Coast Air Quality Management District Coachella Valley
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When the requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
A project -specific NPDES construction permit must be obtained by the applicant;
who then shall submit a copy of the Regional Water Quality Control Board's
("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to
the issuance of a grading or site construction permit by the City.
6. The applicant shall comply with applicable 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 (11 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
17
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
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.
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
18
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
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. 137-2008-001 utilizing BMPs
approved by the City Engineer.
7. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
8. 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 R►GHTS
9. 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.
10. 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.
11. The public street right-of-way offers for dedication required for this development
19
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
include:
A. PUBLIC STREETS
1) Washington Street (Augmented Major Arterial, 132' ROW) - The
standard 66 feet from the centerline of Washington for a total
132-foot ultimate developed right of way except an additional
variable right of way dedication on Washington at the project
entrance measured 78 feet east of the centerline of Washington
Street and length to be determined by current approved or
preliminary traffic study prepared for the applicant by a licensed
traffic engineer per Engineering Bulletin # 06-13. At a minimum,
the required right of way shall be for a length of 200 feet plus a
variable dedication of an additional 100 feet to accommodate
improvements conditioned under STREET AND TRAFFIC
IMPROVEMENTS. Additional right of way is also required at the
existing bus turnout on Washington to extend the bus lane north
of it.
2) Caleo Bay - (Local Street, 60' ROW) - No additional right of way
is required.
12. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
Pursuant to this requirement, the Applicant shall include in the submittal packet
containing the draft final map submitted for map checking, an offsite street
geometric layout, drawn at 1 " equals 40 feet, detailing the following design
aspects: median curb line, outside curb line, lane line alignment including lane
widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The
geometric layout shall be accompanied with sufficient professional engineering
studies to confirm the appropriate length of all proposed turn pockets and
auxiliary lanes that may impact the right of way dedication required of the
project and the associated landscape setback requirement
13. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Tentative Parcel Map are necessary prior
to approval of the Final Map dedicating such rights -of -way, the applicant shall
20
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
grant the necessary rights -of -way within 60 days of a written request by the
City.
14. The applicant shall create perimeter landscaping setbacks along all public rights -
of -way as follows:
A. Washington Street (Augmented Major Arterial) - 20-foot from the R/W-
P/L
B. Caleo Bay Drive (Local Street) - 10-foot from the R/W
The listed setback depth shall be the average depth where a meandering wall
design is approved.
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.
15. 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.
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 provide for reciprocal access with all parcel owners within
this parcel map across all access drives and parking aisles and stalls.
18. The applicant shall offer reciprocal access agreements for the developments
located north and south of this project.
19. 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.
21
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
STREET AND TRAFFIC IMPROVEMENTS
20. 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.
21. The applicant shall construct the following street improvements to conform with
the General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Washington Street (Major Arterial; 132' R/W option):
Widen the east side of the street as required adjacent to the Tentative
Map boundary to its ultimate width on the east side as specified in the
requirements of these conditions. The east curb face shall be located 48
feet (48') east of the centerline to accommodate ultimate width and
located 60 feet (60') east of the centerline to accommodate a
deceleration/right turn only lane on Washington Street. Specific
improvements shall include:
a) Bus turnout — Extend the north side of the bus turnout to
accommodate a deceleration lane to the entrance on
Washington. The pavement extension shall consist of a
concrete structural section.
b) Modify a section of the existing median (both sides of
centerline) on Washington to provide a Left Turn Restrictor
per current city guidelines.
c) Class III Bike Lane (Maximize the width of outside lane).
Other required improvements in the Washington Street right-of-way
and/or adjacent landscape setback area include:
d) All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, legends, and signs.
22
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
e) 8-foot wide Meandering Sidewalk.
f) Reconstruct the landscaped median and parkway for required
improvements as approved by the City Engineer and Planning
Director. Reconstruction may require the relocation and/or
removal of existing plants or trees that are located in the
median or parkway as required for sight distance concerns
and retention basin revisions. Applicant shall collaborate with
the Maintenance Association to obtain the necessary
approvals for parkway access and reconstruction as required.
2) Caleo Bay Drive (Collector; 60' R/W):
a) All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, legends, and signs.
b) Six foot (6') wide sidewalk per La Quinta Standard 240.
22. The applicant shall design street pavement sections using the 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:
Major Arterial 5.5" a.c./6.5" c.a.b.
or the approved equivalents of alternate materials.
23. The applicant shall submit current mix designs (less than two years old at the
time of construction) for base, asphalt concrete and Portland cement concrete.
The submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include
recent (less than six months old at the time of construction) aggregate gradation
test results confirming that design gradations can be achieved in current
production. The applicant shall not schedule construction operations until mix
designs are approved.
24. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry (Washington Street): Right and Left turn in, Right turn out
23
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
only.
B. Secondary Entry (Caleo Bay): Full turn movements are permitted.
25. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs and
sidewalks. Mid -block street lighting is not required.
26. 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
27. 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.
28. 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).
29. The following improvement plans shall be prepared and submitted for review
and approval by the Public Works Department. A separate set of plans for each
line item specified below shall be prepared. The plans shall utilize the minimum
scale specified, unless otherwise authorized by the City Engineer in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies and
utility purveyors.
A. Commercial Precise Grading Plan/Drainage/Signing Striping
24
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
1 " = 20' Horizontal
B. PM10 Plan 1" = 40' Horizontal
C. SWPPP 1 " = 40' Horizontal
D. Washington Street Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
E. Caleo Bay Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
F.
Washington Street Off -Site Signing & Striping Plan
1 "
= 40'
Horizontal
G.
Caleo Bay Off -Site Signing & Striping Plan
1 "
= 40'
Horizontal
NOTE: A through G to be submitted concurrently.
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
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 Public Works Department.
"Precise 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 noting the 2007
California Building Code accessibility requirements associated with each door.
25
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
The assessment must comply with submittal requirements of the Building &
Safety Department. A copy of the reviewed assessment shall be submitted to
Public Works in conjunction with the Site Development Plan when it is
submitted for plan checking.
In addition to the normal set of improvement plans, a "Site Development" plan
is required to be submitted for approval by the Building Official, Planning
Director, and the City Engineer.
"Site Development" 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.
"Street Parking" plan shall include appropriate signage to implement the "No
Parking" concept, or alternatively an on -street parking policy shall be included in
the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's
shall be submitted concurrently with the Street Improvement Plans.
30. 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.
31. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
32. 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 FOR can
make site visits in support of preparing As Built drawings. However, if
subsequent approved revisions have been approved by the City Engineer and
►r1
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
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
33. 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.
34. 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).
35. 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
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.
27
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
36. Depending on the timing of the development of this Tentative Parcel Map, and
the status of the off -site improvements at the time, the applicant may be
required to:
A. Construct certain off -site improvements.
B. Construct additional off -site improvements, subject to the reimbursement
of its costs by others.
C. Reimburse others for those improvements previously constructed that are
considered to be an obligation of this tentative Parcel map.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
Off -Site Improvements should be completed on a first priority basis. The
applicant shall complete 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.
37. If the applicant elects to utilize the secured agreement alternative, the applicant
shall submit detailed construction cost estimates for all proposed on -site and
off -site improvements, including an estimate for the final survey
monumentation, for checking and approval by the City Engineer. Such
estimates shall conform to the unit cost schedule adopted by City resolution, or
ordinance.
For items not listed in the City's unit cost schedule, the proposed unit costs
shall be approved by the City Engineer.
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.
28
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the applicant's
detailed cost estimates.
38. 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
39. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
40. 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.
41. 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).
E. An approved contract for archaeological monitoring services to be
conducted by a qualified professional.
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.
07
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
A statement shall appear on the Final Map that a soils report has been prepared
in accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading permit.
42. 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.
43. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.6O.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 (18") behind the curb.
44. Building pad elevations on the precise 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.
45. The applicant shall minimize the differences in elevation between the adjoining
properties and the lots within this development.
Where compliance within the above stated limits is impractical, the City may
consider alternatives that are shown to minimize safety concerns, maintenance
difficulties and neighboring -owner dissatisfaction with the grade differential.
46. 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
30
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
shown on the Conceptual Grading Plan dated 9/14/2008, the applicant shall
submit the proposed grading changes to the City Staff for a substantial
conformance finding review.
47. 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.
48. 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 lots which are so located, the applicant shall
furnish elevation certifications, as required by FEMA, that the above conditions
have been met.
DRAINAGE
49. Stormwater handling shall conform to the preliminary hydrology and drainage
report for "The Shoppes of La Quinta" (Public Work Plan Check No. 08141).
Nuisance water shall be disposed of in an approved manner. Applicant shall
modify the adjacent Lake La Quinta stormwater system by the addition of new
storm drain inlets and reconstruction of the storm drain pipe entering the Lake
La Quinta project. Applicant shall modify the Washington Street inlet system,
parkway retention basin and provide supplemental underground retention
facilities for Washington Street tributary water. Applicant shall install a
permeable paver system with a deep gravel storage bed to maintain the HGL of
the Lake La Quinta stormwater system.
50. The applicant shall comply with the provisions of LQMC Section 13.24.120
31
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 -
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin
Design Requirements. More specifically, stormwater falling on site during the
100 year storm shall be retained within the development, unless otherwise
approved by the City Engineer. The design storm shall be either the 1 hour, 3
hour, 6 hour or 24 hour event producing the greatest total run off.
51. 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.
52. 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.
53. No fence or wall shall be constructed around any retention basin unless
approved by the Planning Director and the City Engineer.
54. 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.
55. The design of the development shall not cause any increase in flood boundaries
and levels in any area outside the development.
56. 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.
57. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
32
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
UTILITIES
58. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
59. 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.
60. Utility transformer boxes unable to be fully screened from view shall be painted
a color consistent with the approved color palate and/or adjacent landscaping.
61. 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
62. 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.
WATER -EFFICIENT LANDSCAPING AND IRRIGATION
63. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
64. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
65. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
33
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
architect.
66. 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.
67. Tree wells within the parking lot shall have a minimum planting area of six feet
in diameter/width.
ARCHAEOLOGICAL MONITORING
68. The site shall be monitored during on- and off -site trenching and rough grading
by qualified archaeological monitors, one of which shall be a Native American
tribal member. The monitor shall be empowered to stop and redirect earth
moving activities as necessary to identify and study any identified resource. A
signed contract for archaeological monitoring shall be submitted to both
Planning and Public Works Departments prior to issuance of any grading
permits. The final report of monitoring activities shall be submitted to the
Planning Department prior to the issuance of a Certificate of Occupancy for the
first house on the project site.
69. Collected archaeological resources shall be properly packaged for long term
curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all
within acid -free, standard size, comprehensively labeled archive boxes and
delivered to the City prior to issuance of, Certificate of Occupancy for the
property.
Materials shall be accompanied by descriptive catalogue, field notes and
records, primary research data, and the original graphics.
PUBLIC SERVICES
70. The applicant shall provide public transit improvements as required by SunLine
Transit Agency and approved by the City Engineer.
MAINTENANCE
71. The applicant shall comply with the provisions of LQMC Section 13.24.160
34
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Tentative Parcel Map 35559
Shoppes at La Quinta
October 28, 2008
(Maintenance).
72. 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
73. 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.
74. 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).
75. The applicant shall pay the applicable Multi -Species Habitat Conservation Plan
program mitigation fees, prior to the issuance of any building permits, or as
determined by the Planning Director.
35
PLANNING COMMISSION RESOLUTION 2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE
DEVELOPMENT PERMIT 2008-903, THE SHOPPES AT LA
QUINTA, A 50,000 t SQUARE FOOT RETAIL
COMMERCIAL CENTER
CASE NO.: SITE DEVELOPMENT PERMIT 2008-903
APPLICANT: TALBERT DEVELOPMENT, INC.
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 281" day of October, 2008, hold a duly noticed Public Hearing to consider
the request of Talbert Development LLC., for a Site Development Permit to allow the
construction of landscaping and architecture for four retail commercial buildings
totaling 50,000 t square feet, located between Washington Street and Caleo Bay
Road, approximately 500 feet north of Avenue 58, more particularly described as:
PARCEL 2 AND A PORTION OF PARCEL 3 OF PARCEL MAP 27892
WHEREAS, said Site Development Permit has complied with the
requirements of the "Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63), in that the Planning Department has
determined that the proposed Site Development Permit is exempt from CEQA review
under Guidelines Section 15332 (Infill Development); and,
WHEREAS, the Planning Department published the public hearing notice
in the Desert Sun newspaper on the 171h day of October, 2008, as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners within
500 feet of the site; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the Planning
Commission did make the following mandatory findings to justify approval of said Site
Development Permit:
Finding A - The project is consistent with the General Plan.
The proposed Site Development Permit is consistent with the General Plan, in that the
proposed retail commercial uses are identified as a permitted use in the General Plan
within the Community Commercial land use designation. The property is designated
Community Commercial which allows a variety of uses including office and retail
commercial uses. This project is consistent with the goals, policies and intent of the La
36
Planning Commission Resolution 2008-
Site Development Permit 2008-903
Shoppes at La Quinta
Adopted: October 28, 2008
Quinta General Plan.
Finding B - The project is consistent with the Zoning Code.
The proposed Site Development Permit is consistent with the requirements of the
Zoning Code, in that the project has been designed in accord with the development
standards of the Zoning Code and will contain uses consistent with those permitted in
the Community Commercial zoning district.
Finding C - The project is in conformance with the California Environmental Quality
Act.
The project is located within an existing urban in -fill parcel of less than five acres that
has been previously graded and partially developed with landscaping and street
improvements along the Washington Street perimeter. The project will not result in the
loss of existing wildlife habitat, nor will it have an effect on the conditions of the
existing surrounding neighborhood. Therefore, the proposed Site Development Permit
complies with the requirements of the "Rules to Implement the California
Environmental Quality Act of 1970," as amended (City Council Resolution 83-63),
insofar as it has been determined that the project is exempt from CEQA review under
Section 15332, Infill Development, and a Notice of Exemption will be filed.
Finding D - Approval of the amendment will not create conditions materially
detrimental to the public health, safety and general welfare.
Approval of the proposed Site Development Permit will not create conditions materially
neither detrimental to the public health, safety and general welfare, nor injurious to or
incompatible with other properties or land uses in the vicinity. The project will not
contribute to a decline of the existing health and safety conditions and has been
designed and conditioned to provide safe and adequate paths of travel, appropriate
safety and security lighting, and appropriate provisions for safe and suitable
stormwater and nuisance water retention. The project has been reviewed by the
appropriate responsible agencies for health, welfare, and safety issues, including the
Police and Fire Departments, with none identified.
Finding E - The architectural design of the project is compatible with surrounding
development and with the quality of design prevalent in the city.
The architectural design aspects of the proposed Site Development Permit are
compatible because the project incorporates a level of quality and style of design that
37
Planning Commission Resolution 2008-
Site Development Permit 2008-903
Shoppes at La Quints
Adopted: October 28, 2008
is compatible with the type of existing architecture found within the community. The
project incorporates a contemporary theme with architectural features such as clay tile,
decorative pavers, brick fagades, and stucco painted with a desert compatible palate.
The fagade of the buildings have been designed with a variation in colors, materials,
and textures which provide a greater impression of depth, reduce monotonous
attributes, and eliminate uninterrupted linear features. The project as designed will
obstruct or screen potential undesirable views and other nuisances including
mechanical equipment and refuse containers.
Finding F - The site design of the project is compatible with surrounding development
and with the quality of design prevalent in the city.
The site design aspects of the proposed Site Development Permit, including, but not
limited to project entries, parking provisions, interior circulation, building orientation,
vehicular access, pedestrian and bicycle access, pedestrian amenities, screening,
outdoor lighting, and other elements, are compatible with surrounding residential and
commercial developments and with the overall quality of design found in the City. The
project site design incorporates neighborhood -compatible and community -desirable
elements that include pedestrian connectivity, outdoor amenities, screening of
undesirable views, and sufficient vehicular circulation to access and accommodate the
intended uses from surrounding public streets and adjacent properties.
Finding G - The landscaping of the project is compatible with surrounding development
and with the quality of design prevalent in the city.
The landscaping for the proposed Site Development Permit will consist of a water -
efficient plant palate and irrigation design, will provide visual relief, will enhance the
visual continuity of the site with the surrounding developments, provide shade and
cooling to outdoor areas, and will compliment the project architecture. The Site
Development Permit identifies appropriate water -efficient landscaping with significant
foliage for screening undesirable views and includes tree canopies which provide
shading within the parking lot and pedestrian areas.
Finding H - The project has adequate parking, circulation, and access, and will not
result in a significant traffic impact on surrounding streets and intersections.
The applicant has prepared a traffic impact study, dated October 14, 2008 and
incorporated herein by reference and included as a part of the record, which identifies
that the project will not create a significant increase in traffic volume or impacts on the
surrounding streets and intersections. The project will provide adequate parking to
IE
Planning Commission Resolution 2008-
Site Development Permit 2008-903
Shoppes at La Quinta
Adopted: October 28, 2008
serve the proposed land uses and is in conformance with the Parking Ordinance. The
project has been designed to provide adequate access and circulation, identifying four
driveway entry locations with reciprocal access, accessible paths of travel, and
accommodates pedestrian and bicycle access.
Based upon these findings, the Planning Commission finds that the project complies
with all City requirements and will not result in any significant impacts on the
surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the Planning
Commission in this case.
2. That it does hereby approve Site Development Permit 2008-903 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 the 281" day of October, 2008 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ED ALDERSON, Chairman
City of La Quinta California
9M
Planning Commission Resolution 2008-
Site Development Permit 2008-903
Shoppes at La Quinta
Adopted: October 28, 2008
ATTEST:
LES JOHNSON
Planning Director
City of La Quinta, California
m
PLANNING COMMISSION RESOLUTION 2008-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2008-903
SHOPPES AT LA QUINTA
OCTOBER 28, 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 Site
Development Permit. The City shall have sole discretion in selecting its defense
counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
2. This Site Development Permit shall comply with the requirements and standards
of the La Quinta Municipal Code ("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-quinta.org.
3. This Site Development Permit shall expire on October 28, 2010, two years after
Planning Commission approval, unless recorded or granted a time extension
pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit
expiration and time extensions).
4. Site Development Permit 2008-903 shall comply with all applicable conditions
of approval for Tentative Parcel Map 35559.
5. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• Planning Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
41
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quints
October 28, 2008
• 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 ("N01"), 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 at 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").
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.
42
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
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 at 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
43
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quints
October 28, 2008
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.
7. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
8. Approval of this Site Development Permit shall not be construed as approval for
any horizontal dimensions implied by any site plans or exhibits unless
specifically identified in the following conditions of approval.
PROPERTY RIGHTS
9. 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.
10. 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.
11. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
EM
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quints
October 28, 2008
1) Washington Street (Augmented Major Arterial, 132' ROW) - The
standard 66 feet from the centerline of Washington for a total
132-foot ultimate developed right of way except an additional
variable right of way dedication on Washington at the project
entrance measured 78 feet east of the centerline of Washington
Street and length to be determined by current approved or
preliminary traffic study prepared for the applicant by a licensed
traffic engineer per Engineering Bulletin # 06-13. At a minimum,
the required right of way shall be for a length of 200 feet plus a
variable dedication of an additional 100 feet to accommodate
improvements conditioned under STREET AND TRAFFIC
IMPROVEMENTS. Additional right of way is also required at the
existing bus turnout on Washington to extend the bus lane north
of it.
2) Caleo Bay - (Local Street, 60' ROW) - No additional right of way
is required.
12. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
Pursuant to this requirement, the Applicant shall include in the submittal packet
containing the draft final map submitted for map checking, an offsite street
geometric layout, drawn at 1 " equals 40 feet, detailing the following design
aspects: median curb line, outside curb line, lane line alignment including lane
widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The
geometric layout shall be accompanied with sufficient professional engineering
studies to confirm the appropriate length of all proposed turn pockets and
auxiliary lanes that may impact the right of way dedication required of the
project and the associated landscape setback requirement
13. The applicant shall create perimeter landscaping setbacks along all public rights -
of -way as follows:
A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L
B. Caleo Bay Drive (Local Street) - 10-foot from the R/W
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
The listed setback depth shall be the average depth where a meandering wall
design is approved.
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. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
16. The applicant shall provide for reciprocal access across all access drives, parking
aisles, and stalls.
17. The applicant shall offer reciprocal access agreements for the developments
located north and south of this project.
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
11 Washington Street (Major Arterial; 132' R/W option):
in
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
Widen the east side of the street as required adjacent to the Tentative
Map boundary to its ultimate width on the east side as specified in the
requirements of these conditions. The east curb face shall be located 48
feet (48') east of the centerline to accommodate ultimate width and
located 60 feet (60') east of the centerline to accommodate a
deceleration/right turn only lane on Washington Street. Specific
improvements shall include:
a) Bus turnout - Extend the north side of the bus turnout to
accommodate a deceleration lane to the entrance on
Washington. The pavement extension shall consist of a
concrete structural section.
b) Modify a section of the existing median (both sides of
centerline) on Washington to provide a Left Turn Restrictor
per current city guidelines.
c) Class III Bike Lane (Maximize the width of outside lane).
Other required improvements in the Washington Street right-of-way
and/or adjacent landscape setback area include:
d) All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, legends, and signs.
e) 8-foot wide Meandering Sidewalk.
f) Reconstruct the landscaped median and parkway for required
improvements as approved by the City Engineer and Planning
Director. Reconstruction may require the relocation and/or
removal of existing plants or trees that are located in the
median or parkway as required for sight distance concerns
and retention basin revisions. Applicant shall collaborate with
the existing Maintenance Association to obtain the necessary
approvals for parkway access and reconstruction as required.
2) Caleo Bay Drive (Collector; 60' R/W):
a) All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, legends, and signs.
47
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quints
October 28, 2008
b) Six foot (6') wide sidewalk per La Quinta Standard 240.
20. The applicant shall design street pavement sections using the 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:
Major Arterial 5.5" a.c./6.5" 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. Primary Entry (Washington Street): Right and Left turn in, Right turn out
only.
B. Secondary Entry (Caleo Bay): Full turn movements are permitted.
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 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
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quints
October 28, 2008
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 as shown on
the Site Development Plan site plan or as approved by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other
features shown on the approved construction plans, may require additional
street widths and other improvements as may be determined by the City
Engineer.
26. The applicant shall design street pavement sections using the CalTrans design
procedure for 20-year life pavement, and the site -specific data for soil strength
and anticipated traffic loading (including construction traffic). Minimum
structural sections shall be as follows:
Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Loading Areas 6" P.C.C./4" c.a.b.
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
or the approved equivalents of alternate materials.
27. The applicant shall provide permeable paver section with the required gravel
with a void ratio at or exceeding that specified in the approved drainage report.
28. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs and
sidewalks.
29. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as approved by
the City Engineer. Improvement plans for streets, access gates and parking
areas shall be stamped and signed by qualified engineers.
30. All parking areas shall be screened from view through the means of a
landscaped berm, a three foot high decorative masonry wall, landscaped hedges
or bushes with significant foliage, or a combination of all three methods. All
screening shall be reviewed and approved by the Planning Director.
31. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on
private streets, public streets and driveways to indicated location of the fire
hydrant. It should be 8 inches from centerline to the side that the fire hydrant is
on, to identify fire hydrant locations.
32. Plans shall identify a minimum of five securable bicycle parking spaces.
FINAL MAPS
33. 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.
34. Improvement plans shall be prepared by or under the direct supervision of
50
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of LQMC Section 13.24.040 (Improvement Plans).
35. The following improvement plans shall be prepared and submitted for review
and approval by the Public Works Department. A separate set of plans for each
line item specified below shall be prepared. The plans shall utilize the minimum
scale specified, unless otherwise authorized by the City Engineer in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies and
utility purveyors.
A. Commercial Precise Grading Plan/Drainage/Signing Striping
1 " = 20' Horizontal
B. PM10 Plan 1" = 40' Horizontal
C. SWPPP 1 " = 40' Horizontal
D. Washington Street Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
E. Caleo Bay Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
F.
Washington Street Off -Site Signing & Striping Plan
1 "
= 40'
Horizontal
G.
Caleo Bay Off -Site Signing & Striping Plan
1 "
= 40'
Horizontal
NOTE: A through G to be submitted concurrently.
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
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.
51
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
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 Public Works Department.
"Precise 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 noting 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
Public Works in conjunction with the Site Development Plan when it is
submitted for plan checking.
In addition to the normal set of improvement plans, a "Site Development" plan
is required to be submitted for approval by the Building Official, Planning
Director and the City Engineer.
"Site Development" 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.
"Street Parking" plan shall include appropriate signage to implement the "No
Parking" concept, or alternatively an on -street parking policy shall be included in
the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's
shall be submitted concurrently with the Street Improvement Plans.
36. 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.
37. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
52
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
38. 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 FOR can
make site visits in support of preparing As Built drawings. However, if
subsequent approved revisions have been approved by the City Engineer and
reflect said "As -Built" conditions, the Engineer Of Record may submit a letter
attesting to said fact to the City Engineer in lieu of mylar submittal.
GRADING
39. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
40. 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.
41. 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),
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), and
E. An approved contract for archaeological monitoring services to be
conducted by a qualified professional.
53
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
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.
42. 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.
43. 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 (18") behind the curb.
44. Building pad elevations on the precise 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.
45. The applicant shall minimize the differences in elevation between the adjoining
properties and the lots within this development.
Where compliance within the above stated limits is impractical, the City may
consider alternatives that are shown to minimize safety concerns, maintenance
difficulties and neighboring -owner dissatisfaction with the grade differential.
54
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
46. 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 Conceptual Grading Plan dated 9/14/2008, the applicant shall
submit the proposed grading changes to the City Staff for a substantial
conformance finding review.
47. 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.
48. 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 lots which are so located, the applicant shall
furnish elevation certifications, as required by FEMA, that the above conditions
have been met.
DRAINAGE
49. Stormwater handling shall conform to the preliminary hydrology and drainage
report for "The Shoppes of La Quinta" (Public Work Plan Check No. 08141).
Nuisance water shall be disposed of in an approved manner. Applicant shall
modify the adjacent Lake La Quinta stormwater system by the addition of new
storm drain inlets and reconstruction of the storm drain pipe entering the Lake
La Quinta project. Applicant shall modify the Washington Street inlet system,
parkway retention basin and provide supplemental underground retention
facilities for Washington Street tributary water. Applicant shall install a
permeable paver system with a deep gravel storage bed to maintain the HGL of
the Lake La Quinta stormwater system.
55
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
50. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 -
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin
Design Requirements. More specifically, stormwater falling on site during the
100 year storm shall be retained within the development, unless otherwise
approved by the City Engineer. The design storm shall be either the 1 hour, 3
hour, 6 hour or 24 hour event producing the greatest total run off.
51. 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.
52. 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.
53. No fence or wall shall be constructed around any retention basin unless
approved by the Planning Director and the City Engineer.
54. 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.
55. The design of the development shall not cause any increase in flood boundaries
and levels in any area outside the development.
56. 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.
57. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
56
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Ouinta
October 28, 2008
UTILITIES
58. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
59. 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.
60. Utility transformer boxes unable to be fully screened from view shall be painted
a color consistent with the approved color palate and/or adjacent landscaping.
61. 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.
SITE DEVELOPMENT
62. Prior to issuance of building permits, the developer shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the Planning
Director for a conformance review with the Municipal Code.
63. Approval for the use of an audible tone or bell from the clock tower shall be
reviewed and approved by the Planning Director.
64. Should the developer install carports or covered parking in the future, the final
design shall be consistent with the project architecture and reviewed and
approved by the Planning Director prior to issuance of any building permit.
65. The final site plans shall identify a minimum of five securable bicycle parking
spaces and any fixed pedestrian seating, such as benches or tables.
66. All signs identified on the submitted plans shall be approved under a separate
61FA
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
sign program application.
ARCHAEOLOGICAL MONITORING
67. The site shall be monitored during on- and off -site trenching and rough grading
by qualified archaeological monitors, one of which shall be a Native American
tribal member. The monitor shall be empowered to stop and redirect earth
moving activities as necessary to identify and study any identified resource. A
signed contract for archaeological monitoring shall be submitted to both
Planning and Public Works Departments prior to issuance of any grading
permits. The final report of monitoring activities shall be submitted to the
Planning Department prior to the issuance of a Certificate of Occupancy for the
first house on the project site.
68. Collected archaeological resources shall be properly packaged for Tong term
curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all
within acid -free, standard size, comprehensively labeled archive boxes and
delivered to the City prior to issuance of Certificate of Occupancy for the
property.
Materials shall be accompanied by descriptive catalogue, field notes and
records, primary research data, and the original graphics.
SCREENING AND OUTDOOR LIGHTING
69. Parking areas shall be screened from view from perimeter streets through the
means of a landscaped berm, a three foot high decorative masonry wall,
landscaped hedges or bushes with significant foliage, or a combination of all
three methods. All screening methods shall be reviewed and approved by the
Planning Director.
70. All rooftop mechanical equipment shall be completely screened from view
behind the parapet. Utility transformers or other ground mounted mechanical
equipment shall be fully screened with a screening wall or landscaping and
painted to match the adjacent buildings.
71. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting)
of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20
feet in height, shall be fitted with a visor or bulb refractor if deemed necessary
by staff, and be turned off or reduced to a level deemed appropriate by the
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
Planning Director within one hour following store closing hours.
CONSTRUCTION
72. 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.
WATER -EFFICIENT LANDSCAPING AND IRRIGATION
73. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
74. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
75. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
76. 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, 5th 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.
77. Tree wells within the parking lot shall have a minimum planting area of six feet
in diameter/width, as per LQMC Section 9.150.080.
78. The applicant shall submit the final 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. 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
59
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quints
October 28, 2008
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 these units.
NOTE: Plans are not approved for construction until signed by both the Planning
Director and/or the City Engineer.
79. The developer shall remove all existing turf and replace the perimeter
landscaping along Washington Street with desert -appropriate water -efficient
landscaping design consistent with the remainder of the project. Final design of
the landscaping shall be reviewed and approved as a part of the final
landscaping plan submittal.
80. Should any landscaping utilized for screening purposes be deemed insufficient
by the Planning Director following an initial period of growth, the applicant shall
replace or provide additional landscaping with significant foliage.
PUBLIC SERVICES
81. The applicant shall provide public transit improvements as required by SunLine
Transit Agency and approved by the City Engineer.
MAINTENANCE
82. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
83. 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
84. 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.
85. Permits issued under this approval shall be subject to the provisions of the
•P
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
86. The applicant shall pay the applicable Multi -Species Habitat Conservation Plan
program mitigation fees, prior to the issuance of any building permits, or as
determined by the Planning Director.
FIRE DEPARTMENT
87. Provide or show there exists a water system capable of delivering a fire flow
4000 gallons per minute for a two hours duration at 20 psi residual operating
pressure, which must be available before any combustible material is placed on
the construction site.
88. Approved accessible on -site super fire hydrant(s) (6x4 2 %z x 2 '/2) Minimum
number of 4 hydrants with 350 feet spacing between. The maximum distance
from any point on street or road frontage to a hydrant shall be 210 feet. 2007
CFC Appendix C Table C105.1 Fire hydrants shall provide the required fire flow.
The fire apparatus access road shall extend to within 150 feet of all exterior
walls of the first floor story of the building as measured by an approved route
around the exterior of the building or facility.
89. Prior to building plan approval and construction, applicant/developer shall furnish
two copies of the water system fire hydrant plans to Fire Department for review
and approval. Plans shall be signed by a registered civil engineer, and shall
confirm hydrant type, location, spacing, and minimum fire flow. Once plans are
signed and approved by the local water authority, the originals shall be
presented to the Fire Department for review and approval.
90. Prior to issuance of building permits, the water system for fire protection must
be provided as approved by the Fire Department and the local water authority.
91. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on
private streets, public streets and driveways to indicated location of the fire
hydrant. It should be 8 inches from centerline to the side that the fire hydrant is
on, to identify fire hydrant locations.
92. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org). Access
61
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La nuinta
October 28, 2008
lanes will not have an up, or downgrade of more than 15 %. Access roads shall
have an unobstructed vertical clearance not less than 13 feet and 6 inches.
Access lanes will be designed to withstand the weight of 80 thousand pounds
over 2 axles. Access will have a turning radius capable of accommodating fire
apparatus. Access lane shall be constructed with a surface so as to provide all
weather driving capabilities.
93. Driveway loops, fire apparatus access lanes and entrance curb radius should be
designed to adequately allow access of emergency fire vehicles. The applicant
or developer shall include in the building plans the required fire lanes and include
the appropriate lane printing and/or signs.
94. An approved Fire Department access key lock box (Minimum Knox Box 3200
series model) shall be installed next to the approved Fire Department access
door to the building. If the buildings are protected with an alarm system, the
lock box shall be required to have tampered monitoring. Required order forms
and installation standards may be obtain at the Fire Department.
95. Display street numbers in a prominent location on the address side of building(s)
and/or rear access if applicable. Numbers and letters shall be a minimum of 12"
in height for building(s) up to 25' in height. In complexes with alpha
designations, letter size must match numbers. All addressing must be legible, of
a contrasting color, and adequately illuminated to be visible from street at all
hours.
96. Install a complete commercial fire sprinkler system (per NFPA 13 2002 Edition).
Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require
the project Structural Engineer to certify with a "wet signature", that the
structural system is designed to support the seismic and gravity loads to
support the additional weight of the sprinkler system. All fire sprinkler risers
shall be protected from any physical damage. The PIV and FCD shall be located
to the front of building and a minimum of 25 feet from the building(s). Sprinkler
riser room must have indicating exterior and/or interior door signs. A C-16
licensed contactor must submit plans, along with current $307.00 deposit
based fee, to the Fire Department for review and approval prior to installation.
Guideline handouts are available for the Fire Department.
97. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more
heads Valve monitoring, water -flow alarm and trouble signals shall be
W
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quints
October 28, 2008
automatically transmitted to an approved central station, remote station or
proprietary monitoring station in accordance with 2007 CBC. An approved
audible sprinkler flow alarm shall be provided on the exterior in an approved
location and also in the interior in a normally occupied location. A C-10 licensed
contractor must submit plans designed in accordance with NFPA 72, 2002
Edition, along with the current $192.00 deposit based fee, to the Fire
Department for review and approval prior to installation. Guideline handouts are
available from the Fire Department.
98. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every
3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be
mounted 3.5 to 5 ft above finished floor, measured to the top of the
extinguisher. Where not readily visible, signs shall be posted above all
extinguishers to indicate their locations. Extinguishers must have current CSFM
service tags affixed.
99. A UL 300 hood/duct fire extinguishing system must be installed over the
cooking equipment. The extinguishing system must automatically shutdown
gas and /or electricity to all cooking appliances upon activation. A C-16
licensed contractor must submit plans, along with the current permit fee, to the
Fire Department for review and approval prior to installation. Alarm system
supervision is only required if.the building has an existing fire alarm system.
100. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of
combustible/flammable liquid shall be used in any amount in the building.
101. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the 2007 California Building Code.
102. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on
outside of door.
103. Access shall be provided to all mechanical equipment located on the roof as
required be the Mechanical Code.
104. Air handling systems supplying air in excess of 2000 cubic feet per minute to
enclosed spaces within buildings shall be equipped with an automatic shutoff.
Reference CMC 609.0.
63
Planning Commission Resolution 2008-
Conditions of Approval - Recommended
Site Development Permit 2008-903
Shoppes at La Quinta
October 28, 2008
105. Install Knox key operated switches, series KS-2P with dust cover, mounted per
recommended standard of the Knox Company. Building plans shall include
mounting location/position and operating standards for Fire Department
approval. Special forms are available from this office for ordering the Key
Switch.
Location Map
TPM 35559 / SDP 08-903
� �p a
cabnlb ln) 3 G
C. Vc U� �r
IL1
Erke'la
n //Innff'
Project Site ��,y,y�Flaiencp=
° �� ' U m �__J.
n
�plRea Hawk Ln�S — -
4- - -
TTr 8N Ave Avemtla 48
_ fwua La �._-- Descanso Ln
41 � V�gun
w �'�•L\fflr-p � �S
ahsta _m W jO7 L'a IDwita ,c5�
GC Pon"tls
s
IL
EisenhaDr
10
r.
YY`F
}
i• l
Attachment 1
Corpwata Cen�tt Or>
J Jl• -
5 i
cl
1
i m
d iw�
o
I
�~ 4&h Ave -- - -- - - 48th Ave
Duinta Dr` � ReMrya �I—
�.Q� ����j
' h1�
6
65
Sep 02 08 11:47a Rancho La Quinta HOA ki
760777896 ATTACHMENT #5
I,NCHO LA QUINTA
NIA �r1 k Aq-L'TAT10C
September 2, 2008
Architectural & Landscape Review
Planning Commission
Public Works DirectorlCity Engineer
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Re: Talbert Development
The Shoppes of La Quinta
Washington Street & Caleo Bay
Dear Members,
On behalf of the Rancho La Quinta Master Association, please accept this letter
as encouragemerd to approve the above mentioned project The Developer has
met with the Board of Directors to apprise us of their design and made
modifications upon our request.
'The Association feels that the project will be a great enhancement to our area
and look forward to its completion.
If there are any questions please contact me at the on -site Association Office,
760.777.W7.
On Behaff of the Board of Directors,
Mary E. Walker, CCAM
Assoc(ation General Manager
r �ncho i,a Quinta %a wr r6%ssociatfon
mwalker6DdrmmWmeLc0m
cc: Board of Directors
Talbert Development, Inc.
74-.t85 Ii.�mi no t,t Qorv,.� pa.. L. ), CA 9'.2-•1 • 7(,Q .'"l'l-r30Y - P.iX 701) /'11-8BOI
78955 bulce bei mar
La Quinta, Ca 92253
September 2, 2008
Architectural and Landscape Review Committee
City of La Quinto
bear Architectural and Landscape Review Committee
RE: Project at 48" and Washington
Lake La Quinto Homeowners' Association has worked very closely with
Talbert Development, Inc in the project's design. Both pick and Jeff
Talbert have been very cooperative in incorporating the Associotions'
suggestions into the projects plan as well as apprising us of their
proposals. The Association is confident that the Talbert development will
be a tasteful addition to our community,
If you have any questions, please feel free to contact me at
760 564-9211.
Respect�f}ully /f
Brad Bawer
Vice President
Lake La Quinta Homeowners' Association
......I .....................
DIM
ATTACHMENT 6
Architecture & Landscape Review Committee
Minutes
September 3, 2008
Committee Member Fitzpatrick reviewed the elevations on Plan
11 and pointed out that the distinguishing features were not
readily apparent from the street elevation. Committee Member
Rooker pointed out elevation A had a tower above the -front
elevation, but elevations B and C did not and reiterated a
differentiation of paving materials would distinguish the main
entry and the designated walkway from the street.
Mr. Pekarek gave the option of plotting, {he flow of traffic or
flipping the house on the lot so when .you are looking the entry
way would face the "L" shape from the street.
Committee Member Rooker stated he did not want the applicant
to give a specific design feature that would be used in achieving
the suggested differentiation and highlight of the front entry
way. He only stated his suggestion and if the applicant agreed
they could work on/the architectural details.
There being no 'further questions, it was moved and seconded
by Committee Members Rooker/Fitzpatrick to adopt Minute
Motion 2006-018, recommending approval of Site Development
Permit 2,008-904 with staff's recommended conditions and the
followii�j addition:
•Plan 11 entry be augmented with an accent such as
1/ decorative paving.
LjAanimously approved.
B. Site Development Permit 2008-903 a request of Talbert
Development, Inc. for the review of Architectural and
Landscaping Plans for a 50,019 Square Foot Retail Center
located East of Washington Street and West of Caleo Bay Drive,
Approximately 350 Feet North of Avenue 58.
Principal Planner Andrew Mogensen presented the information
contained in the staff report, a copy of which is on file in the
Planning Department.
Present were Jeff Talbert, Executive V.P. with Talbert
Development, Inc., Michael Buccino, Landscape Architect, and
John Abbassi, Architect,
Mr. Michael Buccino, Landscape Architect, said that he
suggested to the applicant the use of Nandina Domestics, in a
R-1
Architecture & Landscape Review Committee
Minutes
September 3, 2008
compact form, in combination with Xylosma and red roses,
along the parking area. The Nandina would not require trimming
while at the same time it would look very nice, it would stay
the right height, and in the winter it would stay very red.
Committee Member Rooker said the Nandina and the Xylosma
would be redundant as both plants would grow the same way.
Mr. Buccino commented that the level of the ground, in this
area, had been lowered during grading and the intent was to
choose a plant tall enough to provide the proper screening of
the oncoming lights. However, the plants would not be placed
in a continuous, straight line but would be staggered in a
manner that still provides screening of headlights. Mr. Buccino
explained he did not want to rely solely on the Xylosma to build
up.
Committee Member Fitzpatrick asked if the above mentioned
plants were the only deviation from the plans provided for the
staff report. Mr. Buccino confirmed.
Committee Member Rooker thanked the applicant for providing
very clear and detailed presentation materials. He requested
that staff include a general overall map of the adjacent areas for
future projects so that the Committee would be able to see how
the proposed project would fit in with the existing structures
around it.
Committee Member Rooker expressed his disagreement of
having the beautiful frontage of the project face Caleo Bay Drive
and not Washington Street. He said he viewed this project as a
strip center and as such the configuration of it should be facing
Washington Street. The way it was proposed the visual impact
and the exposure of the tenants were greatly lessened and
people would not be able to enjoy and appreciate the delightful
architecture from the street, unless being , in the shopping
center.
Mr. John Abbassi, Architect, replied that site plans with
different configurations of the positioning of the buildings were
submitted, however, based on the feed back received from staff
they were not feasible due the fact that the building would be
blocking the neighborhood, in addition, the main building would
have to be pushed back and it would fall within the 150 foot
Architecture & Landscape Review Committee
Minutes
September 3, 2008
height limitation, which would not allow for the main building
design and it would not have the same effect. Mr. Abbassi
explained the applicants attempted to open the site by spacing
out the buildings and offering outdoor sitting areas to provide
more visibility for the residents as well as some visibility from
Washington Street and to invite patrons to stop and enjoy the
amenities rather than drive through the site.
Planning Director Les Johnson said staff had reviewed four
different site plans presented by the developer and the concerns
addressed by the Committee regarding the project's rear
exposure to Washington Street had been raised. Unfortunately,
difficulties were encountered in trying to meet the 22 foot
maximum height provision and based on communications with
the HOA of the adjacent Lake La Quinta development the
residents strongly expressed their disagreement in having the
rear of a building face the development as it was in the case of
the recently built medical facility.
Planning Director Johnson mentioned that during the last
meeting with the developer he had expressed his concern not
necessarily with the orientation of the building, but with the
treatment out on the western end of the building and providing
exposure of building A out to Washington Street.
Committee Member Arnold pointed out that there was only one
access point to the project from Washington Street. Planning
Director Johnson replied the applicant didn't have the option to
propose more access points as there already was an entrance at
the north end of Walgreens, another entrance point would be
from the north end of the medical facility, and there was the
same stipulation for the vacant lot between the proposed
project and the medical facility. Eventually when the entire strip
of land was developed it would allow traffic to flow through
from one end to the other.
Committee Member Rooker asked staff for clarification on the
height limitations. Planning Manager Sawyer explained the
building needed to meet the base level of 22 foot height limit,
but the architectural projections could go above that. Planning
Director Johnson mentioned that the back of buildings B and D
were taller and had larger mass area than buildings A and C.
Principal Planner Andrew Mogensen said the general roof line on
70
Architecture & Landscape Review Committee
Minutes
September 3, 2008
buildings B and D was higher because there was a 40 foot
height limitation beyond the 150 foot setback.
Committee Member Rooker reiterated that he viewed
Washington Street as a major street and the frontage of the
project should be oriented towards Washington Street and not
introverted and facing Caleo Bay Drive.
Mr. Jeff Talbert, Executive. V.P. with Talbert Development, Inc.
and Mr. John Abbassi, Architect went over a couple of different
scenarios of reconfiguring the positioning of the buildings and
explaining to the Committee why those options were not
feasible. Mr. Talbert mentioned he had tried to purchase the
vacant property right above the one he acquired; however, the
asking price was not comparable to the current market
conditions. Further, to aid with exposure and visibility of the
future business tenants at the site, Mr. Talbert said the intent
was to place a nice monument sign facing Washington Street
complemented by Mr. Buccino's excellent landscaping design.
Mr. Buccino expressed his concept was to develop a courtyard
space that would fit in with La Quints's outdoor living
environment and high end shopping.
Committee Member Fitzpatrick expressed he very much liked
the project and that it incorporated a lot outdoor living amenities
and landscaping. He liked that the buildings were broken apart
independent from each other allowing some visibility of the site
from Washington Street. He said he was a little bit concerned
with the solar exposure on the south elevation. He
recommended the applicant should try to relocate four or five
parking spaces somewhere else on the project and use that
space on the south end for a larger planter area. The applicant
said the recommendation would be taken into consideration and
the entire length of that area could be shaded.
Committee Member Fitzpatrick asked what steps the applicant
had taken to obtain the LEED certification they were aiming for.
Mr. Abbassi replied the applicant was trying to install solar
panels on the roof top of the buildings to provide 85 per cent of
the energy. However, if the roof top panels were not sufficient
to providethat much energy, an alternative would be to design
carports and place additional solar panels on the carports.
71
Architecture & Landscape Review Committee
Minutes
September 3, 2008
Committee Member Fitzpatrick questioned if the site was
accessible for large trucks for delivery purposes for the future
business tenants. Mr. Talbert explained the site did not
incorporate mega size stores, therefore a loading dock was
deemed unnecessary. The anticipation was that a truck no
bigger than a UPS truck would be accessing the site for
deliveries.
Committee Member Fitzpatrick asked if the surrounding
community had expressed any concerns with regards to the
project. Mr. Abbassi replied there were no concerns except for
lighting and the only light fixtures being used were down lights.
Committee Member Fitzpatrick asked about the starkness and
lack of articulation along the north elevation of buildings A and
B mentioned by staff in the report. Mr. Abbassi explained there
were large trees in that area which screened that portion of the
building.
Committee Member Fitzpatrick talked about the 10 foot
walkway through the center of the parking lot with a circular
configuration allowing enough space for a seating area. He
asked if the area was covered with a trellis and if lighting was
installed. Mr. Buccino confirmed and added a misting system
would be installed as well and possibly a water feature,
however, he was still deciding on the design of the water
feature. Mr. Talbert said the misting system they were looking
into was from Mist America and it would have 'a fan
incorporated into it making the water very fine so that it cooled
the air around rather then getting people wet.
Committee Member Fitzpatrick said he was pleased to see that
bike racks were made available as well as ADA compatible
pedestrian passes from Washington Street to the project site.
Committee Member Fitzpatrick asked about the mentioning of a
possible cellular tower being installed on one of the buildings
and if that would interfere with the height limitations. Mr.
Talbert replied the applicant had not yet applied for the permit,
but the intent was that if it were to happen the tower would be
placed inside a building and not on the exterior. Principal
Planner Mogensen said if the applicant were to apply for a
permit, it would be presented to the Committee through a
72
Architecture & Landscape Review Committee
Minutes
September 3, 2008
Conditional Use Permit. Planning Director Les Johnson
explained it would be presented to the Committee only if the
permit required architectural changes, if the tower was on the
inside, it would not go in front of the Committee.
Committee Member Fitzpatrick asked if this was the last time
the project would be reviewed by the Committee. Planning
Director Johnson replied the project would be presented again
through the Final Landscaping Plans. Planning Manager Sawyer
added this was the last time the Committee could make
architectural recommendations.
Committee Member Fitzpatrick asked if bench seating would be
provided. Mr. Abbassi replied it would.
Committee Member Fitzpatrick asked if the sidewalks could be
widened. Mr. Talbert replied that was not an option because of
fire regulations. Discussion about the length of the parking lot
and the size of the sidewalk followed.
Planning Director Johnson said the depth of the sidewalk, 12
feet, was not a concern from staff's standpoint. However,
solar control was mentioned for the south elevation buildings A
and B. There had been other projects in the past and one in
particular where the awnings were extended out further on the
south side than on the north side to minimize the direct impact
of the sun to the front of the building. Committee Member
Fitzpatrick said he would like some measures to be taken in that
effect as there were only a few trees that did not provide much
shade for the store fronts. He asked if a trellis was planned for
as it was hard to tell from the plans. Mr. Abbassi replied that
both, trellis and awnings were included in the plans. Mr.
Abbassi said he could extend the awnings as suggested by staff
and the Committee.
Committee Member Fitzpatrick asked if the applicant disagreed
with any of staff's recommendations. Mr. Abbassi replied the
applicant did not.
Committee Member Fitzpatrick said he was very pleased with
the project design, architecture and location and he found it to
be very compatible with other local projects.
73
Architecture & Landscape Review Committee
Minutes
September 3, 2008
Committee Member Fitzpatrick asked if staff felt that the
applicant had provided sufficient shading for the buildings on
the north elevation. Principal Planner Mogensen replied the
applicant had added more trees along the north elevation. Also
the plans showed a couple of vertical trellises along the rear
section of building A in addition to three archways with a door
in the center and a brick archway on the western potion of the
north elevation. Committee Member Fitzpatrick asked if lighting
would be installed. Staff replied lantern type light fixtures were
identified in the plans. Mr. Buccino added there were some
vines as well.
Planning Director Johnson explained staff had discussed with
the applicant and emphasized the importance of not having the
aesthetic of the back of a building in regards to the exposure of
building A to Washington Street and to a lesser extend of
building C because Walgreens would shield most of it. The
applicant utilized changes in material and color to provide
architectural diversity, a new concept not previously used in our
community, which was why staff listed that as a discussion
matter for the Committee as opposed to a recommendation.
There being no further questions, it was moved and seconded
by Committee Members Fitzpatrick/Arnold to adopt Minute
Motion 2008-019, recommending approval of Site Development
Permit 2008-903 with staff's recommended conditions and the
admitting of the revised set of landscaping plans submitted
before the meeting identifying enhanced landscape areas, a
pedestrian ramp from the east and a set of stairs.
ROLL CALL: AYES: Committee Members Arnold and Fitzpatrick.
NOES: Committee Member Rooker. ABSENT: None.
ABSTAIN: None.
VI. CORRES}PONG NCE AND WRITTEN MATERIAL: None
VII. COMMITTEE MEMBER
Committee Member Rooker aske staff what the established
procedure was about the ability the Com ' e had to view plans off
the record while in the preliminary process and a ' t staff in making
comments and recommendations to the applicant. His cern was
that when plans were presented to the Committee at the Site
74
Tihf 4 4 a"
MEMORANDUM
TO: Honorable Chairman and Members of the Planning Commission
FROM: Andrew J. Mogensen, Principal Planner pn
DATE: October 24, 2008
RE: Tentative Parcel Map 35900 and Site Development Permit 2008-903
Staff received a letter from the Shoppes at La Quinta project applicant addressed to
the Planning Commission following the preparation of the packets. A copy of the
letter has been attached with this memorandum.
TalbertDevelopment, Inc.
I'Un-SX0111
BUILDING THE FUTURE
24 Oct. 2008
Planning Commission Members
City Of La Quinta
Talbert Development is excited to be on your Oct. 28th agenda for consideration of the
La Quinta Shoppes at 481" and Washington. This will be one of the first US Green
Building Council LEED certified shopping centers in the Coachella Valley.
The staff has been very diligent and supportive of the project, and we look forward to
building a very high -quality vibrant center that La Quinta will be proud of for decades to
come.
We look forward to meeting with you Tues Oct. 28'h at your meeting, and addressing any
questions or comments you may have.
Sincerely,
` �J�
Dick Talbert
President
DT/dw
Talbert Development, Inc. - 71780 San Jacinto Dr BLDG A, Ste W3 • Rancho Mirage, Ca. 92270
Tel (760) 341-8080 • Fax. (760) 341-8331 • info@TalbertDevelopment.com • www TalbertDevelopment.com
STAFF REPORT
PLANNING COMMISSION
DATE: OCTOBER 28, 2008
CASE NO.: TENTATIVE TRACT 33336
REQUEST: CONSIDERATION OF AN APPEAL OF DIRECTOR'S
DETERMINATION, DATED SEPTEMBER 24, 2008, THAT
TENTATIVE TRACT 33336 DOES NOT QUALIFY FOR THE
AUTOMATIC TIME EXTENSION PROVIDED FOR IN SECTION
66452.6(A)(1) OF THE CALIFORNIA GOVERNMENT CODE.
APPLICANT\
PROPERTY
OWNER: STANDARD PACIFIC HOMES
LOCATION: NORTH SIDE OF AVENUE 58, 1,950± FEET WEST OF MADISON
STREET
GENERAL PLAN
DESIGNATION: LDR (LOW DENSITY RESIDENTIAL, UP TO 4 DWELLING UNITS
PER ACRE)
ZONING:
RL (LOW DENSITY RESIDENTIAL)
SURROUNDING
ZONING/LAND
USES:
NORTH:
RL / PGA WEST
SOUTH:
RL / VACANT
EAST:
RL / SUBDIVISION UNDER CONSTRUCTION
WEST:
RL / TT 32279 SITE (PALO VERDE PROJECT UNDER
CONSTRUCTION)
BACKGROUND:
In preparation of this report, staff requested documentation of certain past events
related to this application which has not yet been received. As the information
requested has the potential to influence the determination in question, the applicant
has agreed to a continuation of this item to the Planning Commission meeting of
November 25, 2008.
RECOMMENDATION:
Continue Consideration of the Planning Director's determination that Tentative Tract
PAReoorts - PC\2008\10-28-08\TTM 33336 pc rpt appeal - continuation.doc
33336 does not qualify for the automatic time extension provided for in Section
66452.6(a)(1) of the California Government Code to the November 25, 2008 Planning
Commission Meeting.
Attachment:
- Applicant's agreement with continuation request
Submitted by:
DaviGd Sawyer, Planni g Manager
PAReports - PC\2008\10-28-08\TTM 33336 pc rpt appeal - continuation.doc
ATTACHMENT 1
Jackson I DeMarcoI Tidus
October 24, 2008
VIA E-MAIL AND U.S. MAIL
Mr. David Sawyer
City of La Quinta
P.O. Box 1504
La Quints, CA 92247
Peckenpaugh
LAW COR PORATIO
Direct Dial:
949.851.7607
Email:
gpowers@jdtplaw.com
Reply to:
Irvine Office
File No:
3525/49003
Re: Standard Pacific appeal (TTM No. 33336)
Dear Mr. Sawyer:
This confirms our telephone discussion earlier today in which I told you that Standard
Pacific Homes agrees to the City of La Quinta's request for a continuance of Standard Pacific
Homes' appeal of the Planning Director's denial of an extension for Tentative Tract Map No.
33336. It is our understanding that the matter will be continued from October 28, 2008, to the
November 25, 2008, planning commission meeting. In doing so, we hope that you will agree
that Standard Pacific Homes timely filed its final map, and that this matter can be resolved
administratively.
We look forward to hearing from you. If you have questions, please do not hesitate to
contact us at the telephone number listed above.
Very truly yo s,
Gregory P. Powers, Esq.
cc: Katherine Jenson, Esq. (via e-mail only)
Michael L. Tidus, Esq.
821026,1
Irvine Office Westlake Village Office
2030 Main Street, Suite 1200 2815 Townsgate Road, Suite 200
Irvine, California 92614 Westlake Village, California 91361
t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087
www.jdtplaw.com
3
CORRESPONDENCE
1w
WRITTEN MATERIAL
Neighborhood Market
October 21, 2008
I
City of La Quinta
PO Box, 1504
La Quinta, CA.92247-1504 .
III1 11111111,1do11rrrlrrdlJr611rrrdollLrrrLrLrloll
Dear Paul,
You may .have heard a new grocery storeiscoming to La Quinta. Our name is
Fresh & Easy Neighborhood MarketTM and we believe that every neighborhood
deserves high quality food that is affordable. That's why we're bringing your
neighborhood A- new kind of grocery shopping experience, with simple store layouts
that will make it easy to find everything you need.
Our store will have everyday necessities all in one place right in the neighborhood. We "
hope to keep people close to home so they can shorten the time they spend in their
cars. We also hope to help boost the local economy by bringing people to local l
businesses and recruiting employees from the neighborhood.
We believe iti using energy efficiently in our buildings, as well as reducing, reusing and
recycling whenever and wherever we can.
And it's a great place to work.' Because we want to treat -people the way we would
dike to be treated, we hire friendly, courteous people who are eager to help. We know
that if we create a rewarding work experience, then our people will do their best
taking care of our customers so they will keep coming back.
The enclosed newsletter tells more about Fresh & Easy Neighborhood MarketTM. You
can also check out our website www.freshandeasy.com for more information.
f We're starting work near Fred Waring 8c Jefferson. So keep an eye but for us around
the neighborhood.
Best wishes, ,
Tim Mason, CEO,
fresh&easy Neighborhood Market
9
f
C10408
100% Recycled Pape'r
www.freshandeosv.com /]
Were C,omin�
v��,borN,00al.
Hello.
It seems obvious.
People want fresh, wholesome food. People want things to be easy.
So we're making our stores that way. How?
By recruiting friendly people from the neighborhood and offering high -
quality food at prices you can't believe.
We took time to listen to customers and understand what they want. And
because of that, we put a lot of thought into everything we do. From the
products we carry, to our environmental policies, to how we treat our
customers and staff, we are committed to serving great food you can
trust, being a good neighbor and a great place to work.
Our stores are designed to be quick and easy to use with clear aisles and
simple layouts. In addition to our own line of products with no artificial
colors or flavors and no added trans fats, we offer everyday staples and
gourmet items. We also offer fresh prepared meals that are delivered
daily from our kitchen for a quick and easy solution for busy lifestyles.
A Good Neighbor ............2
A Great Place
to Work ...........................3
Great Food You
Can Trust.........................4
fresh-
�casy
If you have thoughts, comments
or wish to visit our blog, please
join us at www.freshandeasy.com
How about that? A simple shopping experience with everything you need
p .ee .. -
right there in the neighborhood. Fresh should always be this easy. d -
a.. gooaL nei.1hbor
Being a good neighbor is really important
to us, so we keep our stores, parking lots
and backyards clean and tidy. And we
are thoughtful when scheduling deliveries
to our stores. For example, we do not
schedule night deliveries to stores with
homes nearby and do not drive through
school zones during pickup or drop-off
times. We value peace and quiet as
much as you do, so we have a low -noise
policy during unloading and our trucks
use roll -up doors instead of
lift gates to minimize noise.
Another way we try to be a
good neighbor is by having
fewer deliveries arriving at oui
stores.Ourfresh&easy" trucks
up from one central place al
scheduled to make one delivery
This way we bring less noise or
to the local neighborhood. T#
As good neighbors, we've made it a priority
to reduce our impact on the environment from
the beginning. For example, we've designed our
buildings to use about 30% less energy than
a typical grocery store. Some of our green
initiatives include:
• Increasing our building's insulation for less
heating and cooling
• Using LED lighting in our freezer cases and
exterior signs, which use less energy than
fluorescents
• Refrigeration and freezer cases that have night-
shades and capture and reuse the cool air
• Skylights on new buildings and lights that
dim automatically when there's enough
natural light
On top of all that, we provide parking spaces for
hybrids, offer in-store recycling at each store and
our green fleet of trailers uses less fuel with hybrid
refrigeration systems. We even installed the largest
rooftop solar panel in California on our distribution
center. It's the size of two football fields!
These efforts and more have allowed us to become
a pilot member of the Leadership in Energy and
Environmental Design (LEER) program. LEED
evaluates a building's energy efficiencies, site
development, water savings, material selections
and indoor environmental quality. Being a member
of this program will help us continually make sure
our fresh&easy" stores live up to the highest
environmental standard.
Our Soler Panel in Riv mfde,CA
I aGe fo worK
treat people the way wed like to be treated with respect.
We think people who are valued are better able to value our customers. That's why we've
;..put a lot of thought into understanding what it takes to create a positive, team -based
work environment. We asked people and found they consistently rank pay, healthcare,
retirement savings and paid time off as the most valuable components in their rewards
package. So when we created our employee rewards program, we made sure to include
those four critical elements and more.
We plan for all our store employees to work over
20 hours each week. All employees are eligible for
our comprehensive benefits package after 90 days,
which includes affordable medical, prescription drug,
dental and vision coverage, with fresh&easy'" picking
up most of the costs.
Our base salaries are competitive and all employees
are eligible for quarterly bonuses. For example, entry-
level employees in California start at $10/hour and
earn up to a 10% bonus, with similarly competitive
packages in Arizona and Nevada. We also offer a I
401(k) program with company match and generous
paid time off.
Kitchen Table Attendant - Hemet, CA
It's important that our employees understand the values we have at fresh&easy" so we offer a fun and
comprehensive training program that focuses on practical life skills, on-the-job skills, teamwork and the
other things that make fresh&easy'" a great place to work. We make sure all our management is trained
in leadership so that all employees are treated the way we all want to be treated: with respect. TS
fresh&easy'"will be hiring in your
neighborhood.
Soon we'll be in your neighborhood, looking for team players
ready to help us create a friendly shopping experience. Prior
experience in a related field is great, but if you're enthusiastic
and have a great attitude we'll be happy to train you. Be sure to
let us know if you speak more than one language, we're always
looking for bilingual team members. If you're interested in
joining our team go to www.freshandeasy.com/coreers and fill
out an application today! TO
'fresh&easy" Vimpaiat Survey, January 2007
recLf food. you. cam fru-st
We're thrilled to offer fresh and wholesome food
choices you can feel good about bringing home to
your family. With no artificial colors or flavors, and no
added trans fats — you'll love our fresh&easy" line of
products. And with our in-store kitchen table, you can
actually taste our products before you buy them.
We have carefully selected our product range and
make every effort to buy from local farmers and
suppliers. With a wide variety of farmers and growers
located in California, why wouldn't we? For example,
our fruits and vegetables are hand selected from farms
we know and trust and all our fresh produce is date
coded so you always know it's fresh. Our butter and
milk come from cows that haven't been treated with
the growth hormone rBST and our eggs come from
cage -free chickens. A range of our US -grown beef
and chicken are raised with no added antibiotics or
hormones and are always high -quality. We even offer
a selection of organic products, including everyday
items like fruit juices, tortilla chips, and lunchmeats.
Need a fresh&easy idea'" for a quick meal? Our head
development chef, Mike Ainslie, has created a wide
selection of fresh prepared foods that are quick and
easy to enjoy. These prepared meals are made with
the some high -quality ingredients you'll find in the rest
of our store and they are delivered fresh daily.
With simple packaging and clear labels, you see exactly
what you are buying — great food you can trust. Tb
E
Anthony Penketh
To: dicktalbert@talbertdevelopment.com
Subject: RE: La Quinta City Council Meeting
------Original Message ------
From: President
To: Dick Talbert
Sent: Oct 28, 2008 4:21 PM
Subject: La Quinta City Council Meeting
Dear Mr. Talbert,
The Lake La Quinta HOA is looking forward to the project on Caleo Bay. The board and
homeowners here at Lake La Quinta look forward to having this upscale property next door. I
am aware that the city will be meeting tonight to discuss your plans, you have the full
support of the LLQ HOA for your plans and hope the city will give it blessing to proceed.
You have always been professional from day one with this project and we thank you for always
including the HOA in the planning of this project.
Good luck.
Sincerely
Michael Mastrogiuseppe
President
Lake La Quinta Homeowners Association.
Sent from my Verizon Wireless B1ackBerry
1
La QuintaTrails Day
Date:
Saturday, November 15, 2008
Time:
8:00 a.m.— Noon
Cost:
FREE
Ages:
All Ages
Location:
La Quinta Cove Oasis
(Top of the Cove, Corner of Madero & Tecate)
Take Ave. 52 to Avenida Bermudas
Turn Left on Avenida Bermudas
Follow Bermudas all the way around
Bermudas turns into Calle Tecate
Event located at the end on the left
Join us for a fun filled day of hiking, outdoor
education, geocaching, nature walks, stargazing,
and more. We have gathered a fantastic group
of presenters for this outdoor event. So come on
out, enjoy a hike, search for a cache, view the
stars through a telescope and take advantage of
the natural resources that La Quinta has to
offer.
Guided Hikes-8am, 9am, 10am, & 11 am
• Book Signing —Philip Ferranti, Author
140 Great Hikes in and near Palm Springs
Slideshow @ Senior Center 8:30am
Book signing @ Trails Day event 9:30am
• Outdoor Education Sessions
Presentations by The Living Desert
• Geocaching—Special Trails Day caches
• Evening Stargazing
Sideshow presentation @ Museum 4:00pm
Presented by Dr. Bruce Strathdee
Stargazing @ Cove Oasis 6:00pm
Presented by Bruce & Sandy Swan
• Information Booths —Santa Rosa & San Jacinto
National Monument, Coachella Valley Community
Trails Alliance, City of La Quinta Community
Services Department, The Living Desert & more...
FOR MORE INFORMATION, PLEASE CONTACT THE COMMUNITY SERVICES DEPARTMENT AT (760) 777-7090
OR VISIT US ONLINE AT WWW.LA-QUINTA.ORG
Event ect,v.ues subject to change without notice
T-vf 4 44gurej
MEMORANDUM
TO: Honorable Chairman and Members of the Planning Commission
FROM: Les Johnson, Planning Director
DATE: October 28, 2008
RE: Requested modification to Tentative Parcel Map 35559 Condition of
Approval #75 and Site Development Permit Condition of Approval #86
Staff is requesting that a condition of approval regarding the Coachella Valley
Multi -Species Habitat Conservation Plan fee be modified to correctly identify the
recently approved section of the Municipal Code.
The two conditions of approval identified currently read:
The applicant shall pay the applicable Multi -Species Habitat Conservation Plan
program mitigation fees, prior to the issuance of any building permits, or as
determined by the Planning Director.
The requested change to the two conditions are as follows:
The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation
Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accord with
Chapter 3.34 of the Municipal Code.
P:\Reports - PC\2008\10-28-08\PC CVMSHCP COA Memo for Shoppes.doc
TO:
FROM:
DATE:
I I'
MEMORANDUM
Honorable Chairman and Members of the Planning Commission
Timothy Jonasson �y2 t �J
Public Works Director/City Engineer
October 28, 2008 U
RE: Requested Addition to the Recommended Conditions of Approval for
Tentative Parcel Map 35559 and Site Development Permit 2008-903,
Talbert Development, Inc.
Staff is requesting the following addition to the Recommended Conditions of Approval
for the above mentioned Parcel Map and SDP:
1. Ongoing maintenance of all permeable paver systems shall be include sweeping the
pavers at a minimum of once per month and as approved by the City Engineer.