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PCRES 1997-033PLANNING COMMISSION RESOLUTION 97- 033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 87-011, AMENDMENT #2 CASE NO. SP 87-011, AMENDMENT#2 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the loth day of June, 1997, hold a duly -noticed Public Hearing to consider Specific Plan Amendment 42 to a mixed use development consisting of a combination of retail, office, commercial services, entertainment, and restaurants on 65.4 acres, generally bounded by Highway 111, Adams Street. 47th Avenue, Washington Street, and Simon Drive, more particularly described as: APN: 643-020-008, 643-020-009. and 643-020-017 WHEREAS, said Specific Plan has previously complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department has prepared Environmental Assessment 97-339 which states this Specific Plan Amendment will not have a significant impact on the environment based on conditions. Community Development Director has conducted an Initial Study and has determined that, although the project could have a significant adverse impact on the environment, the mitigation measures incorporated into the Conditions of Approval will mitigate those project impacts to levels of insignificance WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said Specific Plan Amendment 92: That the proposed Specific Plan Amendment #2 is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Mixed Commercial which permits the uses proposed for the property. 2. That the Specific Plan Amendment #2 is compatible with the existing and anticipated area development in that the project, as conditioned, provides adequate circulation. 3. That the project will be provided with adequate utilities and public services to ensure public health and safety. AAresosp87-011amd#2 Plannin_ Commission Resolution 97- 033 4. That the Specific Plan Amendment #2 is consistent with the current approval and amendment process. 5. That the proposed Specific Plan Amendment #2 is conceptual: further review will be required under a Site. Development Permit review process at which time project related conditions will be attached to mitigate impacts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend confirming the conclusion of Environmental Assessment 97- 339 indicating that the proposed Specific Plan Amendment #2 will not result in any significant environmental impacts as mitigated by the recommended Conditions of Approval: 2. That it does hereby recommend approval of the above -described Specific Plan Amendment request 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 1 Oth day of June, 1997, by the following vote, to wit: AYES: COMMISSIONERS BUTLER, GARDNER, NEWKIRK, SEATON, TYLER, WOODARD, AND CHAIRMAN ABELS. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. e� 4ityof BELS, Chairman uinta, California ATTEST: HE AN, Community Development Director La Minta. California A:\resosp87-01 1 amd#2 RESOLUTION 97- 033 CONDITIONS OF APPROVAL- ADOPTED SPECIFIC PLAN 87-011, AMENDMENT #2, JUNE 10,1997 COMMUNITY DEVELOPMENT DEPARTMENT 1. The development shall comply with Exhibit "A" of the Specific Plan document for Specific Plan 87-011, Amendments #1 and #2 and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. All buildings, within 150 feet of the Washington Street right-of-way, shall not exceed the height of one story with exact building height to be determined at time of plot plan approval. 3. The following Specific Plan text changes shall apply: A. Page IV-4 2.b. Site Uses - Permitted Uses: animal care, automotive, cleaning, automotive rental agencies, and automotive service station shall be subject to approval of a conditional use permit. B. Page VII-5 B. Processing: the second and third sentence as follows shall be deleted, "The Community Development Director shall approve, conditionally approve, or disapprove a plot plan based upon these standards. A determination shall be made within 30 days after accepting the completed application and give notice of the decision, including any required conditions of approval by mail to the applicant and any other persons requesting notice." C. Page VI-5 3. On -Site Landscaping: In the last paragraph, minimum tree size shall be 24 inch box, not 15 gallons. 4. A six foot high solid masonry wall shall be constructed in the median located between Washington Street and the frontage road which exists between Singing Palms Drive and Highland Palms Drive adjacent to the site frontage. The design and construction of the sound wall shall be subject to approval of the Community Development Department prior to issuance of a building permit for the wall. The wall is to be built at the time the first building permit is issued. 5. A six foot high decorative block wall shall be used to screen service areas from view from 47th Avenue. Location of these screen walls shall be based on the final design approved by the Planning Commission for each planning area. Design and construction of the block wall shall be subject to approval of the Community Development department prior to issuance of a building permit for the wall. CONAPR V.87011 #2 1 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 6. All architectural and landscaping plans shall be reviewed and approved by the Planning Commission. 7. A Fringe -Toed Lizard Mitigation Fee of $600 per acre shall be paid prior to any land disturbance activities (i.e., grading permit). 8. A biological assessment to determine whether the Flat -Tailed Horned Lizard exists on site, shall be prepared by the applicant. Any mitigation measures recommended shall be implemented prior to any land disturbance activities (i.e., grading permit). 9. Mitigation measures as recommended by an archaeological study, prepared by LSA Associates, shall be implemented prior to any land disturbance activities (i.e. grading permit). 10. Specific Plan 87-011 text shall be revised as approved with two sets of text being submitted to the Community Development Department for approval prior to issuance of recordation of the first tract map in the project area. 11. A noise study shall be prepared by a qualified acoustical engineer to be submitted to the Community Development Department for review and approval prior to submission of building plans for plan check or issuance of grading permit, whichever comes first. The study shall concentrate on noise impacts on building interior areas from perimeter streets, and impacts on the proposed residential uses to the south and west and recommend mitigation of noise as required in the General Plan. The study shall recommend alternative mitigation measures for incorporation into the project design. The study shall consider use of building setbacks, engineering design, building orientation, noise barriers, (berming, landscaping and walls, etc.) as well as other techniques. 12. The applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SP 87-011 and EA 91-227 which must be satisfied prior to the issuance of a grading permit. The applicant shall also prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of EA 91-207 and SP 87-011 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval, the applicant shall prepare and submit a written report to the Community CONAPR V.8701 1 #2 2 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 Development Director demonstrating compliance with all remaining Conditions of Approval and mitigation measures of EA 91-207 and SP 87-011. The Community Development Director may require inspection or other monitoring measures to assure such compliance. 13. All billboards, and other advertising devices, along Highway 111 shall be removed prior to issuance of first building permit for the project. 14. All requirements of Caltrans as noted in their letter dated April 17, 1991, shall be complied with. 15. That all conditions of Coachella Valley Water District (CVWD) as noted in their letter dated August 5, 1988, shall be met. 16. That bus turnouts and passenger waiting shelters shall be provided as required by Sunline Transit in their letter dated April 17, 1991, if possible. 17. That all conditions of the Riverside County Fire Department as stated in their letter dated March 29, 1991, shall be met. 18, Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans, if any, and as required by the City Engineer, as follows: A. Highway 111 - Major Arterial (half width) or as required by Caltrans; B. Adams Street - Primary Arterial, 55-foot half width; 19. The applicant shall vacate vehicle access rights to Highway 111, Washington Street, Adams Street, and 471" Avenue from all abutting lots. Access to these streets from this land division shall be restricted to street access points shown on the Internal Circulation Plan, Figure V-1 (revised at City Council meeting of 7/16/91), in Specific Plan 87-011 Amendment #1 and #2. 20. Turning movements of traffic accessing the subject subdivision shall be as follows: CONAPR V.8701 1 #2 3 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 A. Simon Drive: left and right turns in and out are allowed; B. Lot D between lots 2 and 3 : left and right turns in and out are allowed; C. Lot D between lots 1 and 2 : right turn in and out only. A. Simon Drive: right turn in and out only; B. Lot E: right turn in and out only; an opening in the median island to permit left turns in and out may be approved by the City Council at a future date if a traffic study confirms the need for this median opening. C. Figure V-1, north of 47th Avenue: right in and out only at access location shown in Specific Plan 87-011, Amendment #1. A. Lot C: right turn in and out only. A. At access locations shown in Specific Plan 87-011 Amendment #1 If Site Development Permit 97-605 or any other development disrupting the proposed access and circulation system within this Specific Plan is approved, the access and circulation system for the Specific Plan area shall be revised through another Specific Plan Amendment prior to approval of any subsequent development. 21. The applicant shall provide a fully improved landscaped setback lot or easement of noted width adjacent to the following street right of ways: A. Highway 111, 50 feet wide; B. Washington Street, 20-feet wide; C. Adams Street, 20-feet wide; D. 471h Avenue, 10-feet wide; E. Simon Drive, 10-feet wide. CONAF'RV.9701192 4 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 22. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report recommendations shall be incorporated into the grading plan design prior to its approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 23. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. 24. The tract shall be designed and graded in a manner so the difference in building pad elevations between contiguous lots that share a common street frontage or join lots with adjoining existing tracts or approved tentative tracts does not exceed three (3.0)feet. The pad elevations of contiguous lots within the subject tract that do not share a common street shall not exceed five (5.0) feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve other alternatives that satisfy the City's intent to promote and ensure community acceptance and buyer satisfaction with the proposed development. 25. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basin(s) or discharged to the Whitewater Channel via a storm drain system installed by the applicant. If the retention basin option is elected, it shall be designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless Applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The tributary drainage area for which the applicant is responsible shall extend to the centerline of any public street contiguous to the site. CONAPRV.87011 #2 5 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 If direct or indirect drainage to the Whitewater Storm Channel is utilized, the applicant shall be responsible for all requirements and costs associated with such discharge into the Channel including monitoring, testing and reporting which may be required by CVWD, the City, the California Regional Water Quality Control Board or other agencies for the purposes of the NPDES or other pollution prevention or nuisance abatement programs. 26. Lot 8 shall not be used as a retention basin as shown on the vesting map. All retention basin locations shall be approved by the City Engineer. 27. The applicant shall install a trickling sand filter and leachfield in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per 5000 square feet of landscaping per day. 28. The applicant shall have street improvement plans prepared by a registered civil engineer. Street improvements shall be designed and constructed for all streets within the proposed subdivision and for off -site streets as required by these conditions of approval. All street improvements shall be designed and constructed in accordance with the LQMC and adopted Standard Drawings, and City Engineer and shall include all appurtenant components required by same, except mid -block street lighting, such as, but not limited to, traffic signs and channelization markings, street name signs, sidewalks, and raised medians where required by the City General Plan. Street design shall take into account the soil strength, anticipated traffic loading, and design life. The minimum structural section for residential streets shall be 3" AC over 4" Class 2 Base. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the newly required improvements shall be designed and constructed as required by the City Engineer to assure the new and existing improvements are appropriately integrated to provide a finished product that conforms with City standards and practices. This includes tapered off -site street transitions that extend beyond tract boundaries and join the widened and existing street sections. At the City Engineer's option, the applicant shall install, secure, reimburse, or otherwise bear the cost of the following streets according to the General Plan street type noted therewith: CONAPRV.8701 1 #2 6 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 A. ON -SITE STREETS 1.) All streets shown on the vesting map: One 14-foot wide travel lane in each direction separated by a 12-foot wide continuous two-way left turn lane, or approved equivalent; minimum total width shall be 40 feet or as approved by the City Engineer. B. OFF -SITE STREETS 1). Highway 111 (Simon Drive to Adams Street): Install, or participate in the cost of, one-half Major Arterial improvements per Caltrans' requirements. Improvements include half of the raised median (refer to the Project Study Report/Project Report approved by Caltrans in March 1991). 2.) Washington Street (Simon Drive to Avenue 47): Install half width Major Arterial, improvement includes one half of raised median, refer to General Plan Figure VII-2. Applicant shall reimburse City for improvements previously installed on east side of centerlines. 3.) Adams Street (Highway 111 to Avenue 47): Install three-quarter width Primary Arterial (3 of 4 travel lanes for 861 width improvement option), improvement includes full width raised median and 16-foot wide north bound travel lane, refer to Standard Drawing #100. Applicant to be reimbursed for street improvements between south property line and 47th Avenue based on fair share determination of land mass. 4 471h Avenue (portion contiguous to tract): Reimburse developer that installed improvements for that portion located on the north side on the centerline. Reimbursement shall include responsibility for 25% of the cost to design and construct the signal at 471h Avenue and Washington Street. CONAPR V.87D 1 1 #2 7 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 29. The applicant shall construct, or enter into agreement to construct, the site grading, off -site public improvements and utilities, and on -site common area improvements before the final map is recorded. The applicant shall pay cash, in lieu of and equivalent to the respective fair -share construction cost, for those improvements that the applicant has partial cost responsibility and construction must be deferred until the full complement of funding is available. Payment of cash may be deferred to a future date approved by the City, provided security for said future payment is posted by the applicant. 30. The applicant shall construct an eight -foot wide meandering bike path in the easterly parkway and landscaped setback lot/easement along Washington Street and Highway 111 in lieu of the standard six-foot wide sidewalk. 31. The applicant shall provide blanket easements over landscaped setback areas (except 47'h Avenue) for the purpose of meandering sidewalks. 32. All existing and proposed electric power lines with 12,500 volts or less, which are adjacent to the proposed site or on -site, shall be installed in underground facilities. 33. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street Improvements. A soils engineer retained by the applicant shall provide certified reports of soil compaction tests for review by the City Engineer. 34. The applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 35. A Caltrans encroachment permit must be secured prior to construction of any improvements along State Highway 111, and all Caltrans requirements shall be implemented. 36. The applicant shall retain a California registered civil engineer, or designate one who is on the applicant's staff, to exercise sufficient supervision and quality control during construction of the tract grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. CONAI'R V.R701 l t42 8 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 The engineer retained or designated by the Applicant to implement this responsibility shall provide the following certifications and documents upon completion of construction: A. The engineer shall sign and seal a statement placed on the "as built" plans that says "all (grading) (improvements) on these plans were properly monitored by qualified personnel under my supervision during construction for compliance with the plans and specifications and the work shown hereon was constructed as approved, except where otherwise noted hereon and specifically acknowledged by the City Engineer. B. Prior to issuance of any building permit, the engineer shall provide a separate document, signed and sealed, to the City Engineer that documents the building pad elevations. The document shall, for each lot in the tract, state the pad elevation approved on the grading plan, the '.as built" elevation, and clearly identify the difference, if any. The data shall be organized by tract phase and lot number and shall be cumulative with each submittal if the data is submitted at different times. C. Provide to the City Engineer a signed set of "as built" reproducible drawings of the grading and improvements installed by the applicant. 37. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. 38. Landscape and irrigation plans for the landscaped lots/easements shall be prepared in conformance with requirements of the Community Development Director, and City Engineer, and approved by those officials prior to construction. 39. The applicant shall maintain the landscaped areas of the subdivision such as the landscaped setback lots/easements and retention basins until accepted by the City Engineer for maintenance by a merchant's association of the subdivision. 40. The applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation, perimeter wall, and drainage facilities installed in the subdivision. This booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the merchant's association in planning for routine and long term maintenance. CONAPRV.87011#2 9 RESOLUTION 97-033 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 87-011, AMENDMENT #2 JUNE 10, 1997 41. The applicant shall construct a 6-foot wide, 150-foot long landscaped island in the center of Simon Drive in the transit station vicinity to the satisfaction of the City Engineer, if and when the transit station is installed. 42. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out the City's approval of this project. CONAPRV.87011 N2 10