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2009 02 24 PCCity of La Quinta ry Planning Commission Agendas are now g� available on the City's Web Page u.. @ 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 FEBRUARY 24, 2009 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2009-002 Beginning Minute Motion 2009-006 [Ne1ga1101107:111g0 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 January 27, 2009. 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 .................. DRAFT ENVIRONMENTAL IMPACT REPORT, SITE DEVELOPMENT PERMIT 2006-875, CONDITIONAL USE PERMIT 2007-105, AND TENTATIVE PARCEL MAP 35088 Applicant........... Mayer Villa Capri, L.P. Location............ North Side of Fred Waring Drive, Between Washington Street and Palm Royale Drive Request ............. Consideration of: 1. Site Development Permit 2006-875, a Request to Recommend Approval of a Site Development Permit consisting of a Retail and Medical Office Complex on 25 ± Acres to Allow Construction of Approximately 234,450± Square Feet of Building Area; 2. Conditional Use Permit 2007-105, a Request to Recommend Approval of a Conditional Use Permit to Allow a Convalescent/Rehabilitation Facility Use; 3. Tentative Parcel Map 35088, a Request to Recommend Approval of a Tentative Parcel Map to Divide 25 ± Acres into Ten Parcels. Action ............... Resolution 2009- Resolution 2009 and Resolution 2009- B. Item .................. SIGN APPLICATION 2009-1337 Applicant........... Imperial Sign Company Location............ Northeast Corner of Calle Tampico and Desert Club Drive Request ............. Consideration of a Request for a Sign Program for the Plaza At Tampico. Action ............... Minute Motion 2009-. VI. BUSINESS ITEM: A. Item .................. SITE DEVELOPMENT PERMIT 2006-874 Applicant........... Komar Investments, LLC Location............ South of Highway 1 1 1 at Depot Drive Request ............. Consideration of Approval of Graphic Panels to be Mounted on the Walls of Building A and Building H Within the Komar Desert Center. Action ............... Minute Motion 2009 VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: IX. DIRECTOR ITEMS: A. Joint Meeting (ALRC/PC) discussion topics. X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Special Joint Meeting with the Architecture & Landscaping Review Committee to be held on March 10, 2009, at 5:00 p.m., followed by the Regular Planning Commission Meeting commencing 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, February 24, 2009 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, 51-321 Avenida Bermudas, on Friday, February 20, 2009. DATED: February 20, 2009 CAROLY WALKER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background 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 January 27, 2009 7:05 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who led the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer Principal Planner Stan Sawa, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: Chairman Alderson requested the inclusion of the following two items under Commissioner Items: 1. A report on the Council meeting of January 20, 2009, and 2. An update of the California League of Cities Conference (Planning Institute). It was moved and seconded by Commissioners Barrows/Weber to approve the agenda as amended. Unanimously approved. IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of January 13, 2009, and added a correction including his statements on reduction of the application size. There being no further changes, or corrections, it was moved and seconded by Commissioners Wilkinson/Weber to approve the minutes with that correction. Unanimously approved. PAReports - P02009\2-24-09\Abbreviated Draft Minutes 1-27-09.doe Planning Commission Minutes January 27, 2009 V. PUBLIC HEARINGS: A. Environmental Assessment 2008-597, General Plan Amendment 2008- 1 16 Zone Change 2008-136 and Tentative Tract Map 31434; a request by Monroe Dates for consideration of a request to subdivide t 30.26 acres into 94 single-family residences located at the northeast corner of Monroe Street and Avenue 61. Chairman Alderson introduced the applications and stated, for the record, he was a resident of the Trilogy development located next to the project being discussed. He then opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Planning Department. He did note the Public Works Department distributed a memo to the Planning Commission regarding Condition 22 (i) for the Tract Map. A copy of this memo is on file in the Planning Department. Chairman Alderson asked staff about the requirements for the traffic signal. Public Works Department staff explained what the changes were. Commissioner Weber expressed concerns about the similarity between the original conditions, the changes involved in the Public Works memo, and bonding. Principal Engineer Wimmer explained there was a bond required and explained the circumstances behind the funding of the signal and the need to change the condition. Commissioner Weber asked if Lot 15, which borders Lot 21 in Trilogy, was the only lot which was even in grade with its neighboring development. Staff indicated it was. Commissioner Weber asked for confirmation that there was no entry landscape design submitted. Staff confirmed that. Commissioner Weber noted that was one of the general directions given by the Planning Commission in 2005. Commissioner Weber commented on the school bus turnout and asked if it was still considered a necessity since this was no longer a family -type development. Staff said they received CVUSD confirmation that it was no longer needed. P:'\.Reports - PC'.2009\2-24-09\Abbreviated Dratt Minutes 1-21-09.doc 2 Planning Commission Minutes January 27, 2009 Commissioner Weber asked if a bus stop might still be needed since this would now be senior housing and might require bus service. Discussion followed regarding transportation availability and it was stated a bus turnout is not needed. Commissioner Quill commented there was no amenity package for the senior community and asked about compliance with City standards. Planning Director Johnson said all City standards would apply. He commented the amenities package would be included in the Site Development Permit. Commissioner Quill commented the approval of landscaping is done by the ALRC and Planning Director and read the conditions about the final landscape plans. Planning Director Johnson explained the procedures involved in approving the landscaping. Commissioner Quill said the previous Tentative Tract Map had some traffic calming conditions and asked why they were no longer included. Staff explained the full layout and the reasoning behind it as well as responding this was a much improved design that didn't need those types of traffic calming features. Commissioner Quill was concerned about the elimination of the bus turnout and the difference in fees collected if the development does not become an active adult community. Planning Director Johnson then explained the assessment procedures. Commissioner Quill said the community was being approved as an active adult (55+) community which under State Department of Real Estate law had certain restrictions and explained some of them. He wanted to know what would prevent this Tentative Tract Map from changing from an active adult to a regular development. Planning Director Johnson said the development had been submitted, to the City, as an active adult map. The City does not have the ability to restrict the age on the Tentative Tract Map. The key is the applicant's representation and the City's review and approval as represented by the applicant. Commissioner Quill asked if the Planning Commission had any jurisdiction over the CC & R's and if there would be the opportunity to place a restriction on this development that it remain an adult community. Assistant City Attorney Houston said among other things that would be P:\ReUorts - PC'\2009\2-24-09\Abbreviated Dratt Minutes 1-21-09.doe 3 Planning Commission Minutes January 27, 2009 correct. He then explained attorney involvement in the review of CC & R's and the fact they are typically reviewed with respect for certain obligations such as those included in a condition of approval. Chairman Alderson asked if the plans had been approved by the Fire Department. Principal Planner Sawa stated they had reviewed them and they did have some concerns which were mitigated. Chairman Alderson asked about bonding for the street improvements. He wanted to know what type of security the neighborhood had to make sure these improvements were completed in a timely manner. Planning Director Johnson responded historically security is done at the time of the final map. He then explained the procedures in requiring security. Chairman Alderson asked if the dirt would be imported or exported and how much. Applicant's representative, Chris Bergh, MDS Consulting, 78- 900 Avenue 47, Suite 208, La Quinta, introduced himself and responded 30,000 yards would be imported. Chairman Alderson echoed Commissioner Quill's concerns about this remaining an active adult community. Assistant City Attorney Houston said a conditional of approval has to have a nexus to the development that's being proposed and the land use. He was not aware of any authority that would allow the imposition of that as a condition. However, since it was a concern to the Commissioners he suggested they could ask the applicant, on the record, whether it was their intention to develop this project as an active adult complex. This would not provide full legal protection for the City, but the response would at least be on the record. Chairman Alderson asked if there were any questions of staff. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Craig Knight, 1387 Ambassador Way, Salt Lake City, Utah, introduced himself and stated, for the record, that this would be an active adult community. He then offered to answer any questions the Commissioners might have. Commissioner Wilkinson asked about the intention of including sidewalks. The applicant responded that would be addressed under landscaping and P:\ReGUrts - PC112009112-24-09\Abbreviated Draft Minutes 1-27-09.duc 4 Planning Commission Minutes January 27, 2009 would be added at a later date. Applicant's representative, Mr. Bergh, said the sidewalks would only be located in the retention basin. Commissioner Wilkinson said there was parking on both sides of the street and that was an unsafe choice without sidewalks. There was then discussion about where the residents would have to go to walk safely. Mr. Knight explained the plans they had regarding the streets/sidewalks. Commissioner Barrows was also concerned, and asked the applicant to explain about the amenity features for this community. Mr. Knight explained what features were included. Commissioner Weber asked about the Condition 85 (now Condition 80) hard surface walking path and other amenities such as the gazebo. Mr. Knight said that would be handled by the landscape designer. He then discussed the access to the top of the retention basin and how it loops around leaving a lot of possibilities for use. Commissioner Weber said he liked the idea of the Washingtonian Fan Palms being incorporated into the project and asked they held any significance for the applicant. Mr. Knight responded they were of no significance to him, but their retention had been requested by the Planning Department. This was predicated on the fact they would be able to preserve the trees. Mr. Knight was concerned that if they were moved they might not survive. He then went into detail about the age and maintenance of the trees; ending by saying there were only ten left. Chairman Alderson concurred with Commissioner Weber's concerns. Commissioner Weber brought up the subject of walkways, trails and the Class I and II Bike Trails; as well as the use of the frontage along Monroe. He was also concerned about sustainable communities, and their access to mass transit; i.e., senior bus stops. The applicant then explained there was only a ten foot landscape strip available for use as a bus turnout. Commissioner Weber then commented on the use of cars in the future and the reduction of emissions. He went on to comment about mass transit and his concerns. Mr. Knight was in concurrence with the Commissioner's views and commented on residents using bicycles. Commissioner Quill had concerns about the sideyard setbacks for three lots which have sideyards adjacent to Trilogy and that the new houses would be too close to the Trilogy project. He made several suggestions P:Mepvrts - P0200912-24-09\Abbreviated Draft Minutes 1-27-09.duc 5 Planning Commission Minutes January 27, 2009 on how to change the cul-de-sac to maximize the lots and be in better harmony with the Trilogy development. He went on to explain his concerns on various conditions due to the rear and side yard setbacks. He asked staff to clarify what the setbacks were; which staff did. Chairman Alderson suggested the applicant work with staff to see if there was a way to modify the dimensions of the lots. Staff responded it would have to be included as a condition and explained the modifications would be a bigger challenge for Lots 24 and 25; which was followed by discussion of the height differences in those two lots. Chairman Alderson commented on the curvilinear design having a more calming affect and used the Trilogy street dimensions as an example. Chairman Alderson asked if there was any public comment. Ms. Joan Coombs 81800 Eagle Claw, La Quinta, introduced herself and expressed her concern about the condition of the date palm trees. She said she understood about the expense to the applicant, but thought they should at least be kept watered. They are an eyesore and a hazard and was surprised the Fire Department had not said anything. In addition, she commented on the elevation and asked if the applicant was going to bring in fill dirt. She added her concern about the possibility of the lights shining down into the homes in the Trilogy development. Marianne Mellin, 81400 Eagle Claw, La Quinta, introduced herself and commented on the clean-up, last year, of the shrubbery along the wall. She was excited to hear this was going to be a 55 + development but was concerned about the large drop behind her wall. However, that would not be such a concern if the homes were kept to one story. She also voiced her concern about the speed limit remaining at 20 or 25 mph to keep down the noise levels. Other than that she thought it was a very good project and was supportive. Barbara Irwin, 60-440 Juniper Lane, La Quinta, introduced herself and asked if these homes were going to be restricted to one story as this was a major concern to her. Staff responded the applicant had not submitted the house plans yet, but traditionally age -restricted developments were usually one story. Ms. Irwin expressed her concerns about the possibility of the development being sold and, if it was not conditioned, the new owner could build the two story homes. P:�.Peports - PC%2009Q-2409\Abbrevaated Draft Minutes 1-2l-09.doc 6 Planning Commission Minutes January 27, 2009 Ed Coombs 81800 Eagle Claw, La Quinta, introduced himself and said as long as it was built as presented, he would be in favor of it. He asked if there were any designs on security and if there was going to be a homeowners' association. Chairman Alderson responded there would be a homeowners' association. Mr. Coombs was very concerned about the fact there were no definite plans to look at and only a definition of the number of units per acre, but nothing else. He commented there was no information about the amenities and said the application was too vague. Mike Robinson, 61-304 Topaz Drive, La Quinta, introduced himself and said he was a retired professional planner, with over 30 years of experience, and agreed with Commissioner Quill's comments on the increase of setbacks. Secondly, since his wife had become disabled, was more sensitive to handicap issues and suggested the applicant consider installation of sidewalks and a non-traditional curb design. He pointed out this is an age -restricted community and there are no features for handicap accessibility. Chairman Alderson said a lot of the questions will be answered when the Commission reviews the forthcoming building elevations, house designs and landscape plans. Staff responded that some of them would be, the issues relating to the sidewalks, the number of stories, height, and the yard setbacks were certainly within the Commissions' purview. Commissioner Quill expressed his concern that the Commission impose conditions on the map in case the applicant was to sell the development. Chairman Alderson agreed. Mr. Knight said he was on the record as proposing this development as a 55+ adult community; which the Commission could add as a condition. He said they could accommodate the request for the specific type of curbing, but they did have a problem with the side yard setbacks on the two lots. He asked if they could work with the Planning Department to change the lots. He discussed the original grading plan and the request by Public Works to change it. He explained the current situation with the trees and how he had accommodated all previous conditions imposed upon the trees and their maintenance. He said if another line of date palm trees needed to be taken out he would accommodate that, as they are willing to make further changes P:\Reports - PC2009\2-24-09\Abbreviated Draft Minutes 1-21-09.doc 7 Planning Commission Minutes January 27, 2009 Staff asked Mr. Knight if he would object to the requirement of adding a condition restricting the project to 55+. Mr. Knight said he would not object and asked that it be added. Commissioner Wilkinson also expressed his concerns about Lots 24, 25, and 54, as well as the sidewalks and rolled curbs. He explained what would happen if the curbs were laid out prior to the landscaping. He said he understood a Tentative Tract Map did leave some questions unanswered. He had no conditions he would like applied other than the 55+ age group requirement. Commissioner Quill wanted to add conditions this be an age -restricted community, as defined by the California Department of Real Estate, the requirement for single story residences, the addition of four foot (minimum) sidewalks, and the use of a wedge curb design. He explained his reasons for each condition. In addition he wanted to condition Lots 24, 25, and 54 to have minimum side yard setbacks of 20 feet When adjacent to Trilogy. Commissioner Barrows supported his comments and added her own question about the sidewalks, and asked if the setback requirements would be altered because of the Zone Change. Staff explained the changes that would occur because of the Zone Change application. Commissioner Weber recapped the previously mentioned concerns of the trees, elevations, curb/gutter, single -story issue, the age restriction issue, and the design of the dead end at Lot 54. Discussion followed about Lot 54 and what had originally been intended for that area. Discussion then followed regarding the reduction of green house emissions and State Law SB 375. Most specifically, the lack of public transportation provisions from a senior development which is not close to amenities. Commissioner Barrows had a concern about access to Monroe Street and the sidewalk crossings. Staff explained the proposal for sidewalks and pointed out the current and future locations. Chairman Alderson reiterated the concerns on curbing and asked if a rolled curb would be considered handicap accessible. Public Works P9Reports - PC�2009\2-24-09\Abbreviatetl Draft Minutes 1-27-09.doe 8 Planning Commission Minutes January 27, 2009 Engineer Wimmer said the handicap accessibility is at the intersections and the rolled curbs do not meet the conditions of being handicap accessible. Commissioner Quill suggested adding a four foot area that might be able to accommodate mass transit in the deceleration lane. 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. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2009-002 recommending approval of Environmental Assessment 2008-597 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2009-003 recommending approval of General Plan Amendment 2008-116 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-004 recommending approval of Zone Change 2008-136 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-005 recommending approval of Tentative Tract Map 31434 with the following amended or added conditions of approval: 1. (As recommended by the Public Works Director) replace Condition 22.A. 2) i) with the following: "Install traffic signal interconnection and loop detection conduit and pull boxes for future traffic signal installations at Avenue 60 and 62 along the project frontage." 2. Add a condition stating all structures in the project shall be limited to one story in height. 3. Add a condition stating minimum four foot wide sidewalks shall be provided adjacent to the street curbs, except in areas adjacent to the retention basin where the required walking pathways are provided. P:\Reports - PC\2009',2-24-09\Abbreviated Dratt Minutes 1-21-09 doc 9 Planning Commission Minutes January 27, 2009 4. Add a condition stating Lots 24, 25, and 54 shall provided a minimum 20 foot interior side yard setback on the side adjacent to the project boundary. 5. Add a condition requiring rolled, or similar curb, shall be used throughout the project. 6. Add a condition, as requested by the applicant, which requires the applicant sign an agreement stating the project shall be age - restricted to 55 years and older as defined by the State Department of Real Estate. Said age -restriction shall be included in the Conditions, Covenants, and Restrictions (CC and R's) with the CC and R's reviewed and approved by the City Attorney prior to final approval of the Final Map by the City Council. Unanimously approved VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Chairman Alderson reported on the City Council Meeting of January 20, 2009, including the details on the Silverrock presentation as previously reviewed by the Planning Commission. Discussion followed regarding the Council's approval and the Planning Commission's recommendations for the project; as well as comments on the Circulation Element. Commissioner Quill asked about the funding for the Silverrock Clubhouse. Staff explained the funding mechanism. Planning Director Johnson also explained the Coachella Valley Water District's concerns and issues with the Canal. B. Discussion of the upcoming Planning Commissioners' Institute. Planning Director Johnson commented on the budget and the need to be fiscally conservative on expenses. C. Chairman Alderson noted Commissioner Barrows was scheduled to report back on the February 3, 2009, Council meeting. D. Planning Director Johnson said the tentative Joint ALRC/PC meeting date was scheduled for March 10, 2009. Staff would be presenting agenda items at the February 24, 2009, meeting. R: Reports - PC`1200912-24-091Abbrevlated Draft Minutes 1-2 /-09.doc 10 Planning Commission Minutes January 27, 2009 E. Commissioner Weber asked about State Legislation and asked for more information on its impacts on City planning. Staff responded they would provide the Commissioners with information on SB 375. In addition, the Commission could set aside time, at a future meeting, to further discuss the matter. Staff would also check to see if there was any local training available, on AB 32, and report back to the Commission. Commissioner Barrows commented the Coachella Valley Association of Governments (CVAG) might be presenting a workshop on AB 32. She gave a brief synopsis of what AB 32 was and said currently there is no funding for the implementation of the program. Discussion followed on these two bills and staff promised to gather information and devote some time, at a future meeting, to discuss this further. F. Commissioner Quill commented on the La Quinta Resort Scoping Meeting and the magnitude of the La Quinta Resort Plan. He asked when it would be coming to the Commission. Staff explained the Resort's future plans and the process the City would be following. The project would not be expected until late summer or early fall before it would even be considered. Staff only has preliminary information at this time. IX: DIRECTOR ITEMS: None X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on February 10, 2009. This regular meeting was adjourned at 9:07 p.m. on January 27, 2009. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California P.',Reports - PC\.2009\2-24-09\Abbreviated Dratt Minutes 1-21-09.doo 11 PH#A PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 24, 2009 CASE NOS.: ENVIRONMENTAL ASSESSMENT 2006-582 SITE DEVELOPMENT PERMIT 2006-875 CONDITIONAL USE PERMIT 2007-105 TENTATIVE PARCEL MAP 35088 APPLICANT: MAYER VILLA CAPRI, L.P. ENGINEER/ PLANNER: MSA CONSULTING, INC. ARCHITECTS: PREST-VUKSIC ARCHITECTS (FOR RETAIL COMPLEX); BURGHARD DESIGN GROUP ARCHITECTS (FOR MEDICAL COMPLEX) LOCATION: NORTH SIDE OF FRED WARING DRIVE, BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE REQUEST: CONSIDERATION OF THE MAYER VILLA CAPRI APPLICATION REQUESTS FOR APPROVAL OF A SITE DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT TO ALLOW A RETAIL COMPLEX AND MEDICAL OFFICE COMPLEX ON 25+ ACRES WITH APPROXIMATELY 234,450± SQUARE FEET OF BUILDING AREA, AND TENTATIVE PARCEL MAP TO DIVIDE THE SITE INTO 10 PARCELS ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS COMPLETED A DRAFT ENVIRONMENTAL IMPACT REPORT (SCH#2007121009) (DEIR) PURSUANT TO THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PRC 21000 ET. SEQ.) THAT DETERMINED THE PROPOSED PROJECT DOES HAVE POTENTIAL FOR SIGNIFICANT IMPACTS ON THE ENVIRONMENT. WHILE MOST OF THESE IMPACTS CAN BE REDUCED TO INSIGNIFICANT LEVELS WITH THE INCORPORATION OF RECOMMENDED MITIGATION MEASURES, SHORT TERM AIR QUALITY IMPACTS AND TRAFFIC IMPACTS WERE IDENTIFIED WHICH CANNOT BE FULLY MITIGATED BELOW SIGNIFICANCE. THE PLANNING COMMISSION WILL CONSIDER THE INFORMATION IN THE 1 P:\reports-pc\2009\2-24-09\mayer villa Capri\pc rpt.doc DEIR IN MAKING ITS RECOMMENDATION ON THE PROPOSED PROJECT APPLICATIONS. THE LA QUINTA CITY COUNCIL AT A FUTURE PUBLIC HEARING WILL CONSIDER FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS (SOC) AS PART OF THEIR CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT. ZONING: COMMUNITY COMMERCIAL (CC) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) SURROUNDING ZONING AND LAND USES: NORTH SOUTH EAST WEST: BACKGROUND CO (COMMERCIAL OFFICE), CC (COMMUNITY COMMERCIAL) / VACANT LAND AND PUBLIC MIDDLE SCHOOL RL (LOW DENSITY RESIDENTIAL)/ COUNTRY CLUB DEVELOPMENT RL (LOW DENSITY RESIDENTIAL)/ SINGLE FAMILY RESIDENTIAL AND CVWD WELL SITE COMMERCIAL AND RESIDENTIAL DEVELOPMENT IN THE CITY OF PALM DESERT The property is located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive in north La Quinta (Attachment 1). The vacant site consists primarily of sand dunes and desert shrubs. A curb and sidewalk exist along Washington Street. Power poles and overhead lines are installed along the northern two-thirds of Washington Street. Improvements to Fred Waring Drive in front of the project and at the intersection with Palm Royale Drive, including signalization and raised center medians and curbs, are presently being completed. The subject property was divided into the existing 10± and 15± parcels by Parcel Map 31876 in 2003. In early 2004, Mayer Villa Capri proposed a residential subdivision consisting of 48 single family lots on the easterly 15 acre parcel. Additionally, at that time a General Plan Amendment and Zone Change from Community Commercial to Neighborhood Commercial was proposed for the westerly 10 acre parcel. Those applications were recommended for denial by the Planning Commission on March 23, 2004, and eventually withdrawn by the applicant prior to City Council review without any further public hearings (Attachment 2). Surrounding the project site to the east is the Bella Vista subdivision and a CVWD well site across Palm Royale Drive, with Mitchell Paige Middle School and vacant commercial land (proposed for a self-service car wash) to the north, a comme2rcial P:\reports-pc\2009\2-24-09\mayer villa Capri\pc rpt.doc office complex and Desert Breezes residential project in Palm Desert to the west across Washington Street, and Palm Royale Country Club to the south across Fred Waring Drive. The school to the north has installed a steel picket type fence along their common boundary with the subject property. PROJECT REQUEST Overview: A commercial complex and medical office complex are proposed to be developed on the subject property. Mayer Villa Capri currently owns the entire site; However, the medical complex is proposed be developed and owned by a different party. The 104,000± square foot commercial complex will be constructed on the westerly 10 acre parcel, while a 130,450± square foot medical office complex is proposed on the eastern 15 acre parcel. While the projects are separate, there will be vehicular and pedestrian connection provided between the two via east -west drives and a common north -south drive adjacent to the projects common boundary connecting to Fred Waring Drive. Commercial Complex: The 10 acre commercial center is located on the west portion of the site and will consist of a market with attached retail shop spaces, a freestanding drugstore, and six additional freestanding retail buildings (Attachment 3). The 39,709 square foot market is in the northeast corner of the commercial center site with the 12,900 square foot freestanding drugstore at the southwest corner. Four freestanding retail shops are located near Washington Street, with the two remaining freestanding shops along Fred Waring Drive. The connected shops extend from the east side of the market and run south adjacent to the east property boundary. Though shown on exterior elevations and the landscaping plans, signs will be reviewed under a separate sign program to be considered at a future date. Retention of on -site stormwater will be in three small basins and in an underground retention system proposed underneath a portion of the parking lot. The three basins will be landscaped with low water use plants and covered with decomposed granite. The basins are located east of the drugstore, east of the market behind the attached shops, and north of Building 9. The underground retention system is just north of the building 9 basin in the parking lot. Parking and Circulation: The commercial complex proposes two driveways along the Fred Waring Drive frontage and two driveways along the Washington Street frontage. The easterly driveway on Fred Waring Drive will be shared with the proposed medical office complex to the east. Offset east -west drive aisles will connect to this driveway and provide access between the commercial and medical complexes. 3 n:\Stan\mavar villa Canri\ana zr. tt nr. rnt.rinn The northern -most driveway on Washington Street, adjacent to the north boundary of the site will provide right -in and right -out access and intended primarily to provide access for market delivery vehicles. This driveway runs along the north and east commercial complex boundaries and heads south connecting to Fred Waring Drive, essentially separating the commercial complex from the medical complex. It is anticipated that large market delivery trucks will enter the site from the northern -most Washington Street driveway, back into the market loading dock, and pull forward and exit onto Fred Waring Drive. This Fred Waring Drive driveway will provide right -in, right -out and left -in access. The southern -most driveway and main entrance on Washington Street will permit right - in, right -out and left -in access and will lead incoming traffic to the center of the commercial complex. The westerly most driveway access on Fred Waring Drive will also serve as a primary customer access to the commercial complex and will permit right -in and right -out access. The majority of customer parking is located in the center of the site between the market and drugstore. Parking is provided at a ratio of one space per 250 square feet of building area as permitted by City Code for centers of this type. The following is a summation of the parking: Parking required: 415 spaces Parking provided: 507 spaces (this includes handicap and 24 compact spaces) A preliminary pedestrian ADA (Americans with Disabilities Act) circulation plan has been submitted to the Public Works Department to show how access to the various buildings can be achieved. In addition, pedestrian connectivity to the meandering sidewalks along Washington Street and Fred Waring Drive as well as within the project is encouraged in several locations, such as at the Washington Street and Fred Waring Drive intersection as well as in between buildings 2 & 3, 8 & 9, and 6 & 7. Pedestrian connectivity is also provided to the medical office complex to the east. Architecture: The commercial complex is designed in a desert contemporary style of architecture, utilizing flat roofs, square corners, popouts and recesses, varying colors of smooth plaster walls, stone veneer on towers and walls, metal canopies and trellis', awnings and curved roof towers. Exterior plaster colors include up to five shades of tan to brown plus a deep green. Metal work and accents will be dark brown with the stone veneer multi earth tone colors. Curved metal roofs, where used, will be standing seam metal in a clear anodized aluminum color. No architectural plans have been submitted for retail building 1 located along Washington Street. This building will require a separate Site Development Permit at a later date. n:\xtan\maver villa Canri\ana zr. tt nr. rnt.dnr. Retail Shops: Building heights are proposed at primarily 20' for the retail shops, but some areas vary slightly. Tower structures are shown on these buildings which are several feet higher than the adjacent building walls (the highest tower being 26'-6"). These buildings utilize vertical and horizontal planes of varying colors and depths. Popout columns and soffits create the appearance that the windows and doors are recessed into the suite. All of these retail buildings have at least one freestanding perforated steel shade covers provided over walkway or entry areas. Along shop fronts the plans allow awnings over most windows, which are to be chosen by the tenant when they move in. In certain areas steel trellis' will be provided over windows and doors. Market: The market, located at the northeast corner of the commercial complex site, is proposed with the same architectural style, colors and materials as the retail shops. The front of the building uses smooth exterior plaster and stone veneer accents. The remaining sides are primarily exterior plaster and integral color precision block proposed in two colors. The market height varies to a maximum 29'-6" for a small portion of the building at the entry. Much of the balance of the building varies from approximately 24' to 26' in height. A covered two lane drive -through pharmacy window is provided on the northwest end of the building. A screened delivery dock and trash enclosure is provided at the rear of the building. Drugstore: The drugstore is proposed near the intersection of Washington Street and Fred Waring Drive and has been designed consistent in architecture, colors and material with the other buildings in the center. The primary building height is 22' with towers extending up to a maximum 27'-6" at the store entry. A covered two lane drive -through pharmacy window is provided on the east side of the building. A screened delivery dock and trash enclosure is located on the north side of the building. Medical Office Complex: The proposed medical office complex will consist of five freestanding buildings on 15 acres, with the northern three buildings proposed to be two stories in height and the southern two buildings closest to Fred Waring Drive proposed at one story (Attachment 4). Specific design detail has only been provided for one building (building 14) at this time. The total building square footage of the complex will be 130,450 square feet, with the center two-story "flagship" building (building 14) being the largest at 44,850 square feet. Signs will be reviewed under a separate sign program. A Convalescent/Rehabilitation facility is proposed to be located in the "flagship" building. The facility will provide elective surgeries, primarily for joint repair and similar 5 n:\stan\maver villa Cnnri\ana zn tt nr. rnt.dor. operations and would include a maximum 50 private suite rehabilitation rooms; capable of accommodating both long and short term rehabilitation patients. In addition to the beds, the operation requires a dietary/cafeteria space, one or more gym/rehabilitation rooms, therapy pools and nursing stations. The operating room in the facility is designed for elective outpatient surgeries. Total staffing is not yet known. It has yet to be determined if the facility will use all of the building space. If it does not, other medical offices will occupy the balance of the building. This facility requires a Conditional Use Permit in the Community Commercial zone which has been applied for and is included in your review. The applicant has identified that in addition to the convalescent/rehabilitation facility the balance of the buildings in the complex are expected to contain sports medicine outpatient surgical facilities, medical office space, dialysis, orthopedic offices, family practices and various other specialists. Retention of on -site stormwater will be provided via a large basin at the northeast corner of the site and in an adjacent underground retention system underneath the parking lot. The unfenced basin will be landscaped with low water use plants and covered with decomposed granite. Parking and Circulation: There is one driveway provided along the Palm Royale Drive frontage and two driveways along Fred Waring Drive, the westerly one being the aforementioned drive that is shared with the commercial complex. The easterly Fred Waring Drive driveway, which will provide right -in and right -out access, leads to the front door of the "flagship" medical building where a circular drive with an entry water feature in the center and drop off area and several close handicap parking spaces exist. The circular drive intersects an east -west drive that provides access to Palm Royale Drive to the east and the commercial complex to the west. The driveway on Palm Royale Drive will be a full turn access and will align with Rome Drive to the east. Rome Drive provides access to the adjacent Bella Vista residential neighborhood. Parking for the medical complex is required at the convalescent hospital requirement of one space per four beds for the 44,850 square foot convalescent/rehabilitation facility and one space per 200 square feet of the first 2,000 medical office square footage plus one space per 175 square feet of the balance of the medical office square footage over 2,000 square feet. Using these ratios, the parking required and provided is: Parking required: 483 spaces Parking provided: 717 spaces (this includes handicap and six compact spaces) 3 m\stan\mavar villa Canri\ana zr. tt nr. rnt.dnc The applicant notes that a similar convalescent/rehabilitation facility in Rancho Mirage provides two parking spaces per bed, which would increase the required parking from 13 spaces to 100 spaces for this 50 bed facility. This would increase the required parking from 483 to 583 spaces. The site plan was originally designed for the entire project to be medical offices only. This requires more parking than a project with a convalescent facility. When the 44,850 square foot convalescent/rehabilitation facility was added to the project, the parking lot plan was not revised. Therefore, a large number of excess parking spaces remain Office buildings require a minimum thirty percent of the parking spaces be covered by a carport or trellis. The plan proposes 30% of the spaces be covered, with carports located near each building. However, the majority of the carports are located north and west of the central building. Architecture: Architectural plans for the medical complex buildings focus on the main "flagship" 44,850 square feet two-story building. This medical building is designed in a desert contemporary style of architecture utilizing similar architectural features as the retail complex. Exterior colors and materials will be consistent with those proposed in the commercial complex. Metal work and accents, including a curved standing seam metal roof over the tower feature, are to be clear anodized aluminum color, with a stone veneerface. Entries are provided on all four sides of the building with the main entry facing Fred Waring Drive where the water feature and circular drive are shown. On the south side of the building, following the curve of the circular drive and adjacent to the front door is a covered arcade over the sidewalk. The building parapet is proposed at 30' high, which is lower than the 40' maximum height allowed in the Community Commercial zone. Inside of the parapet wall and mounted to the roof will be a painted louvered equipment screen which will add an additional four feet of height to the structure. This screen is set approximately 10 feet behind the exterior walls of the building. In addition to providing a necessary screen for the roof equipment, the applicant has also identified that the screen is designed to be an integral architectural feature of the building. A tower (with the curved metal roof) over the north and south building entries will have a parapet wall height of 30 feet, screen wall height of 34 feet, with a maximum height of 43 feet at the entry tower. Plans for the carports have not been submitted, but the applicant has indicated they will be compatible with the desert contemporary architectural style and materials used for the medical buildings. The applicant has submitted a rendering and cross section drawings to show the relative relationships between the northeasterly two story medical office building 7 n:\stanlmaver villa Canrhana zc tt nn rnt.doc (Building 13) and four closest homes that back up to Palm Royale Drive north of Rome Drive. The drawings indicate the 34 foot high (including mechanical screening) office building would vary from approximately 198-238 feet away from the back wall of the neighboring homes to the east. Because of the height of the existing perimeter wall at the backs of the homes and their lower pad grades along Palm Royale Drive the first three homes north of Rome Drive should not see the future two story medical building across the street. As one moves north (from the fourth home north of Rome Drive and beyond), due to the lower perimeter wall height, the upper portion of the two story building will be seen. Landscape Design (both Complexes): A landscape plan for the entire site has been submitted showing specific trees and shrub types (In Attachments 3 and 4). The plan includes a plant palette with sizes for the project. Trees are shown at 24" to 36" box size (with a minimum 2" caliper), with Date Palms at 14' and Mexican Fan Palms at 25' high. Shrubs are shown at 15, five and one gallon sizes (some grasses at one gallon) with groundcovers at five and one gallon size. The landscape design is desertscape in nature with no use of turf indicated. Decomposed granite or gravel will be used in all planters for groundcover. Additionally, landscape plan details are provided for the area around buildings 2-4 of the commercial complex (Attachment 3) and the area around the proposed medical building entry with its proposed water feature (Attachment 4). Along the Washington Street and Fred Waring Drive perimeters an 8' wide meandering sidewalk is shown. Along Palm Royale Drive, a 6' wide straight sidewalk is shown with a 6' wide planter between the sidewalk and curb. At the corner of Washington Street and Fred Waring Drive a fountain -type water feature is shown surrounded by planting. Planted retention basins are shown at the northeast corner of the medical complex site adjacent to Palm Royale Drive, and in the commercial complex to the east of Building 10, to the southeast of the market and in the triangular area north of building 9. In front of the "flagship" building's main entry, south of the circular driveway, an oblong shaped waterfall style feature is proposed surrounded by planting. Decorative paving is also proposed in the circular drive area of this entry and at the aisle crossing to the south in the main driveway leading to Fred Waring Drive. Water fountain and paver details have not been provided to date. Exterior Lighting (both projects): Typical parking lot lighting will be provided for both commercial projects. This will consist of box fixtures on a pole. Lighting will be provided for the carports in the medical complex. No specific fixture details or photometrics have been submitted to date. H n:%stan\mavar villa Canrkana zr. tt nr. rnt.dnr. Tentative Parcel Map: The Tentative Parcel Map proposes to divide the site into 10 parcels (Attachment 5). Five parcels would be created for the commercial complex with five parcels for the medical complex. In the commercial complex the market and drugstore will each be on a separate parcel with the balance of the three retail buildings on the remaining three parcels. Street perimeters are shown as part of the parcel they are adjacent to and not as common parcels. Each of the five medical complex buildings will be on an individual parcel. The interior parcel lines between the parcels will run down the middle of the driveways surrounding the buildings. The retention basin at the northeast corner of the site and street perimeters are shown as parts of the parcel they are adjacent to and not as common parcels. HISTORIC PRESERVATION COMMISSION On December 6, 2007, the City's Historic Preservation Commission (HPC) reviewed and accepted the property owner's Phase I Historic/Archaeological Resources Survey Report. While the site was not found to have any potential archaeological or historically significant resources, HPC policy requires monitoring in this part of the City regardless of whether artifacts were found during the survey. The Morongo Band of Mission Indians and Cabazon Band of Mission Indians both requested that the monitoring team include a Native -American monitor and is included in the HPC's action. The HPC accepted the archaeological evaluation report, subject to monitoring of the site for archaeological resources. Staff has incorporated those measures adopted by the HPC into the recommended Conditions of Approval. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC) REVIEW AND ACTION The ALRC reviewed this request at their meeting of March 7, 2007. Staff recommended a number of conditions to the ALRC requiring revisions to the architectural and landscape design. The ALRC reviewed the plans and agreed with the majority of the recommended conditions. Their action for recommending approval included the following conditions: Commercial Com 1. The architectural plans for the drug store shall be redesigned prior to Planning Commission consideration. The building shall be redesigned as follows: 9 m\stan\mavar villa Canri\ana zr. tt nc mt.dnc A. Provide pedestrian scale and proportion to building. B. Reduce building height to maximum 22' with the entry tower allowed to exceed 22' high by a maximum 4'. C. Restudy use and design of entry tower and glazing. D. Increase depth of popouts to minimum of 4' with varying depths to be compatible with the retail stores. E. The shade structures on the building shall be lowered and designed to be compatible with the retail buildings shade provisions and provide shade for the sidewalk areas. F. Provide landscape planters adjacent to the south and west sides of the building. 2. The architectural plans for the market shall be redesigned prior to Planning Commission consideration as follows: A. Architectural treatment such as stone columns, popouts or recesses with minimum three foot depth shall be provided on the northwest and northeast building walls of the supermarket. B. The market entry shall be studied to improve mass and scale and reduce large expanse of glass. The shade structures at the front of the building shall be designed to be compatible with the retail buildings shade provisions. C. Building wall height variation within code requirements shall be provided for the market on the front (southwest), northwest elevation that faces Washington Street and northeast elevation that faces the middle school. 3. The architectural plans for the retail buildings shall be redesigned prior to Planning Commission consideration as follows: A. Building popouts and recesses shall be a minimum 18"-5' feet deep to provide shadow depth and glass protection. B. A palette of designs, colors and materials for the awnings by tenant shall be submitted to and approved by the Planning Director. C. Consider providing "awnings by tenant" as part of initial construction. 10 n:\stan\maver villa Canri\ana zr. tt nc rntAnc 4. Parking lot back-up areas shall not encroach into required 20' perimeter landscape setbacks. 5. An east bound facing City entry sign shall be provided on the corner of Washington Street and Fred Waring Drive in the perimeter landscape area to the satisfaction of the Planning and Public Works Directors. 6. The building and landscape design for Building 1 of the commercial complex shall be reviewed by the ALRC and Planning Commission as an amendment to this SDP. Medical Office Complex: 7. The architectural plans for the medical office complex shall be redesigned prior to Planning Commission consideration as follows: A. The carport structure plans shall be submitted to Staff. B. The two story high windows shall be provided with solar protection for summer sun. C. The building and landscape design for the four remaining future medical complex buildings shall be reviewed by the ALRC and Planning Commission as an amendment to this SDP. D. Future Medical Office Building 13 shall be one story in height. E. Submit sample of roof equipment screen material. General Requirements for Project: 8. The meandering perimeter sidewalk shall be revised to not touch street curb except at corners or other similar points. 9. The planters in areas adjacent to the school buildings should be heavily planted with canopy trees (minimum 36" box) to provide a visual screen of the commercial site. Planters along north property line under 10 feet wide shall be increased to a minimum 10 feet wide to accommodate trees and planting. 10. Final planting and irrigation plans shall be reviewed by the ALRC with final approval by the Planning Director. 11. ADA pedestrian access shall be provided to the satisfaction of the Public Works and Building and Safety Departments. Crosswalks shall be 11 n:\stan\mavar villa Canri\ana zr. tt nr. rnt.rinn provided at common Fred Waring Drive driveways between Commercial and Medical Office Complexes. Sidewalks shall be provided along common driveway between east -west Medical Office Complex and Fred Waring Drive. 12. Screening of parking lots adjacent to perimeter streets shall be provided by use of 40" high decorative walls unless provided by earthen berms. 13. Diamond shaped tree planters and/or planters shall be provided between head of parking spaces and buildings or in adjacent sidewalks to provide code required shading and soften the buildings appearance. 14. Site plan shall be re -designed to accommodate required deceleration lanes and street dedications without reducing perimeter landscape areas. At the time of the ALRC meeting the market and drugstore were designed by separate architects, the retail buildings were designed by a third architect and the medical office buildings by yet another architect. The retail and medical office buildings were deemed well -designed, while the market and drugstore were identified as needing substantial revisions. Subsequent to the ALRC meeting Prest-Vuksick Architects, the retail buildings architects was retained to redesign the market and drugstore reducing the number of architects to two (Prest-Vuksick for the commercial complex, Burghard Design Group for the medical office complex). Revised plans for the commercial complex have been submitted. PUBLIC NOTI This request was advertised in the Desert Sun Newspaper on February 13, 2009, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. The applicant held a community meeting in April 2007 to present their project, inviting residents from Bella Vista to the east and Palm Royale Country Club to the south. Approximately 30 residents showed up at the meeting. The developer, project architects and landscape architecture were in attendance. A City staff member attended as an observer. The applicant can provide information on the results of the meeting. PUBLIC AGENCY REVIEW The request was sent out for comment with any pertinent comments received incorporated into the Conditions of Approval. 12 n!\stan\maver villa Canri\ana za tt nn rnt.rinn ENVIRONMENTAL IMPACT REPORT A Draft Environmental Impact Report (DEIR) has been prepared, consistent with CEQA requirements (Attachment 6). The City of La Quinta (City) is the Lead Agency and has the authority for preparation and certification of the DEIR. The DEIR is out for public review as required by CEQA with the comment period ending February 27, 2009, three days after the February 24 Planning Commission hearing. Therefore, comments on the DEIR may be received after the Planning Commission hearing and will be forwarded to the City Council when they consider this request. Certification of the DEIR is an action that will be considered by the City Council, while the Planning Commission is required to consider the information in the DEIR in making its recommendations. The DEIR includes a detailed project description and a description of the environmental setting of this project. The DEIR addresses the topics of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Soils and Geology, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Public Services and Utilities, Recreational Resources, Transportation and Traffic. Potentially significant impacts were identified with respect to Air Quality, Cultural Resources, Geology and Soils, Noise, and Transportation. With the adoption of the mitigation measures proposed in the Draft EIR, the majority of the project impacts can be reduced to less than significant levels with the exception of a number of traffic impacts and temporary air quality impacts (during the construction phases), which remain significant after mitigation measures are required. CEQA requires an alternatives analysis as part of the EIR process. Four alternatives were identified for consideration in the DEIR: 1) No Project (required); 2) General Plan Build Out/All Retail Development; 3) Reduced Intensity Alternative; and 4) Alternate Land Use Mix Alternative. Analysis of each of these alternatives is detailed in Section V of the DEIR. Only the no project alternative would result in significantly fewer impacts. However, traffic impacts with this alternative would still be significant and unavoidable due to regional traffic growth and cumulative projects in the area. This alternative would not accomplish any of the applicant's project goals. The other alternatives would achieve some of the applicant's project goals, but all would result in significant and unavoidable traffic impacts. Additionally, any of the development alternatives would result in short term grading and construction air quality impacts. A number of traffic related mitigation measures are included in the DEIR to reduce impacts associated with the proposed project (page III-111 of the DEIR). However, even with these mitigation measures some impacts cannot be mitgated to less than significant levels. Those are: 1. In 2010 the implementation of the proposed project will result in traffic impacts which cannot be mitigated (page M-12 of the DEIR). This is due to the fact that street improvements such as adding turn cannot be feasibly accomplished at the following intersections: 13 n:\%tan\maver villa Canri\nna zr. tt nr. rnt.dnr. A. Washington Street at Hovley Lane B. Adams Street at Fred Waring Drive C. Washington Street at Miles Avenue D. Washington Street at Highway 111 E. Washinton Street and Avenue 48 2. In 2020 cumulative impacts associated with build out of the General Plan standards will be unmitigatable. To mitigate these impacts widening Washington Street from Hovley Drive to Avenue 48, Fred Waring Drive west of Washington Street, and Highway 1 1 1 east of Washington Street to eight lanes would need to be done. This is not deemed feasible due to existing development along the streets. CEQA allows public agencies to make findings to approval projects, despite the fact that certain potentially significant adverse environmental impacts identified in the DEIR are not mitigated to a level of insignificance. To do so, the Agency must state in writing the reasons to support its action based upon the EIR and any information in the public record. Such a written statement is called a Statement of Overriding Considerations (SOC), which will need to be prepared for these projects relative to impacts associated with cumulative traffic -related impacts. The SOC is not part of the DEIR and will be considered for adoption by the City Council. ANALYSIS Site Development Permit: The General Plan land use designation and zoning designation of the project site are Community Commercial, which permits and anticipates the retail and office uses as proposed. The La Quinta General Plan street section for the east side of Washington Street identifies an on -street (class II) bike lane. The west side of Washington Street north of Fred Waring is located in the City of Palm Desert. The Palm Desert General Plan does not identify a bike path route on Washington Street. Existing Washington Street improvements along the Mitchell Paige Middle School frontage north of this site does not provide adequate street width to install a bike lane north of the project site. Therefore, based on this information, Staff is recommending that a class II bike lane not be required for this project. As noted, the proposed development consists of two separate commercial projects; retail and medical office. Despite the difference in the types of commercial projects, Staff believes the developments are compatible with one another as proposed. Access and circulation have been designed to allow ease of vehicular and pedestrian access 14 wk\ tan\mavar villa Canri\ana zr. tt nr. rnt.rina between the two projects. Additionally, the projects share architectural styles, colors, materials and landscaping that provide a cohesive and compatible aesthetic. The commercial complex provides a commercial center anchored by two major users (market and drug store) and other retail shops. The projects desert contemporary style is attractive in design, material, and color, and will enhance the corner which is a major entry into the City from the west. The medical complex provides a needed use in the City and provides an appropriate transitional land use between the retail commercial and the established single-family residential use to the east. As previously noted, the market and drugstore have been redesigned by the architect since the ALRC meeting. Staff believes that the market and drugstore designs are now compatible with the balance of the center. The majority of the ALRC recommended design changes for the market, drugstore and retail shops have been implemented in these redesigned plans. Items not addressed in the revised plans will be Conditions of Approval for the Site Development Permit. This includes the following items: 1. The entry tower for the drugstore shall exceed the maximum 22' building height by a maximum 4'. At 27'6" the tower is 18" higher than the ALRC recommendation. Staff recommends that the Planning Commission consider the revised drawings and determine if a need still exists to limit the tower to a maximum height of 26'. 2. A palette of designs, colors and materials for the awnings by tenant shall be submitted to and approved by the Planning Director and they should consider providing "awnings by tenant" as part of initial construction. A palette has not been submitted and the applicant has not indicated the awnings would be included in the initial project construction. Staff believes that this can be addressed during plan check review of the final working drawings. 3. An east bound facing City entry sign shall be provided on the corner of Washington Street and Fred Waring Drive in the perimeter landscape area to the satisfaction of the Planning and Public Works Directors. This recommendation initially came from Staff in 2007. Since that time Staff has reviewed this and feels this location for eastbound traffic may not be appropriate. The preferred location would be on the southeast corner (Palm Royale Country Clubs corner). Staff requests Planning Commission consideration of this recommendation and determine whether it still should be required. If it is determined it is not needed, the Commission should determine whether the proposed fountain should be allowed on the corner. 15 n:\stan\mavrr villa Canri\ana zn tt nr. rnt.dnc 4. The carport structure plans shall be submitted to Staff Staff has recommended a Condition of Approval that requires submittal and approval by Staff prior to issuance of the first building permit. 5. The medical office second story windows shall be provided with solar protection for summer sun. Similar shade protection to that used at the first story can be provided in the final working drawings. Staff has recommended a Condition of Approval that requires the addition of solar protection for all medical office building second story windows. 6. Future Medical Office Building 13 shall be one story in height The plans show this building at two stories. This recommendation is intended to reduce the visual impact a two story building would have on the existing single family residences to the east across Palm Royale Drive in the Bella Vista subdivision. The visual analysis identifies some of the existing residences would see the building at even one story. However, eliminating the second story would reduce the building height by approximately 10'. In addition, with the medical complex being adjacent to an established single-family neighborhood to the east, a one story building provides a better aesthetic transition between the two land uses. If Planning Commission concurs with this recommendation, Staff believes this can be addressed at the time of final working drawings as it is expected the building design would be consistent with the other two proposed single story buildings (buildings 11 and 12). 7. The planters in areas adjacent to the school buildings should be heavily planted with canopy trees (minimum 36" box) to provide a visual screen of the commercial site. Planters along north property line under 10 feet wide shall be increased to a minimum 10 feet wide to accommodate trees and planting. The landscaping plans have not been revised to include the additional tree planting, but can be done prior to final review of the final landscaping plans. Staff has recommended a Condition of Approval that requires this being included in the final landscaping plans. 8. ADA pedestrian access shall be provided to the satisfaction of the Public Works and Building and Safety Departments. Crosswalks shall be provided at common Fred Waring Drive driveways between Commercial and Medical Office Complexes. Sidewalks shall be provided along common driveway between east -west Medical Office Complex and Fred Waring Drive. m\stan\mavar villa Canri\ana zn tt nc rnt.dac A preliminary ADA plan has been submitted to the Public Works Department. It will be reviewed for compliance as part of the construction project improvement plans. 9. Screening of parking lots adjacent to perimeter streets shall be provided by use of 40" high decorative walls unless provided by earthen berms This will be provided prior to the time of the final landscaping plan review. The applicant has identified that a combination of decorative walls and berms will provide the identified screening. 10. Diamond shaped tree planters and/or planters shall be provided between head of parking spaces and buildings or in adjacent sidewalks to provide code required shading and soften the buildings appearance. Some areas have been addressed but the entire plan is not in compliance. This will be provided prior to the time of the final landscaping plan review. The revised higher parking requirement calculation for the medical complex with a convalescent/rehabilitation facility presented by the applicant is reasonable since there will be a number of employees employed in the operation of the facility and the City requirement needs to be restudied. The current medical building proposed (building 14) includes an oblong shaped water feature at the south -facing entry to the building (Attachment 4). As described by the architect, it is intended to be the focal point as one enters the site from Fred Waring Drive. This feature is stepped on the south or front side with water cascading down over ledger stone.. The north side, facing the building is designed to provide a series of separate waterfalls into a seat wall high pool. Such features can be permitted if they meet our water efficiency requirements and are approved as part of the project by the Planning Commission. The current water efficiency requirements went into effect after application submittal and ALFIC review of this project. The Planning Commission should determine whether this water feature should be deleted. Staff has provided a Condition of Approval pertaining to this feature, requiring energy efficient pumps and Staff review to insure that there will be minimal water loss due to splashing, evaporation, etc. Photometric lighting level plans and fixture information on the lighting will be required prior to issuance of the respective building permits. Due to the proximity of existing residential uses, pole heights is recommended not to exceed 20' and that shielding be required on all fixtures, parking lot and building, that may impact the existing residential uses. Carport lighting is recommended to be recessed into the carports so as to minimize glare. 17 n:\stan\mavrr villa Canri\ana za tt no. rnt.dnr. With the recommended conditions of approval, the project is deemed acceptable. Conditional Use Permit: The convalescent/rehabilitation facility proposed as Phase 1 of the medical complex requires a Conditional Use Permit (CUP) in the Community Commercial zone district. Impacts associated with the proposed use, such as noise, lights, traffic, intensity, etc. must be considered. In this case the use, as designed is proposed in an area that will have minimal impacts to surrounding properties due to its location in the center of the project ±400' from Bella Vista and ±500' from Palm Royale Country Club. Additionally, the intensity of use is not anticipated to be any greater or differ from that of a medical office other than limited evening activity from visitors and 24 hour use. Therefore, the convalescent/rehabilitation facility is deemed an acceptable land use as proposed. Tentative Parcel Map: The Tentative Parcel Map to divide the 30+ acre site into 10 parcels for sales or financing purposes is acceptable. A request of this nature is typical for this type of development. The Public Works Department has reviewed this request and found it complies with applicable City requirements. Maintenance of common areas will be under an association with cross access and parking agreements recorded. STATEMENT OF MANDATORY FINDINGS Findings necessary to approval of the Site Development Permit, Conditional Use Permit and Tentative Parcel Map per Zoning Code Sections 9.210.010 F, 9.210.020 F, and 13.12.130A, respectively, can be made and are contained in the attached ordinance and resolutions. RECOMMENDATION 1. Adopt Planning Commission Resolution 2009-_, recommending to the City Council, approval of Site Development Permit 2006-875, subject to conditions. 2. Adopt Planning Commission Resolution 2009- , recommending to the City Council, approval of Conditional Use Permit 2007-105, subject to conditions. 3. Adopt Planning Commission Resolution 2009- , recommending to the City Council, approval of Tentative Parcel Map 35088, subject to conditions. Attachments 1. Location Map 2. Planning Commission minutes for the meeting of March 23, 2004 3. Commercial Complex plans 41 m\atan\mavar villa Cnnri\ona zr. tt nr, rnt.rinr. 4. Medical Complex plans 5. Tentative Parcel Map 35088 6. Draft Environmental Impact Report Prepared by: Stan Sawa, Principal Planner 19 mistanlmavar ON Canri\ana zc tt nr. rnt.doc ATTACHMENT 2 Planning Commission Minutes March 23, 2004 7. CommissionWfyler expressed concern as to the rear elevations. 8. It was mov d and seconded by Commissioners Daniels/Abets to adopt Pla ning Commission Resolution 2004-026 approving Village U e Permit 2004-022, as amended: a. ondition #27: amended to require the architecture articulation for the entire south elevation. b. Condition #26.B.: renumbered to become its own condition. ROLL LL: AYES: Commissioners Abels, Daniels, Quill, and Tyler. NOFS� Chairman Kirk. ABSENT: None. ABSTAIN: None. G. Environmental Assessment 2004-499, General Plan Amendment 2004- 098 Zone Change 2004-1 18 and Tentative Tract Map 32119; a request of Mayer Villa Capri for consideration of certification of a Mitigated Negative Declaration, General Plan Amendment and Zone Change from Community Commercial to Neighborhood Commercial and Low Density Residential and a request of Trans West Housing for the subdivision of 15 acres into 48 single-family residential lots located northeast of the intersection of Washington Street and Fred Waring Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked how much commercial property will be lost if the zone change is approved. Staff explained the loss would be 15 gross acres from the Community Commercial for a total of 63 vacant acres from the Community Commercial designation since the updated General Plan was adopted. Commissioner Daniels asked if there were any other areas that could be designated as commercial to make up this loss. Staff stated they were unaware of any currently being planned. Commissioner Daniels asked how much revenue would be lost with this change in land use, or have circumstances changed to cause this land use modification since the General Plan update. Staff stated they did not know of any change in circumstances but 21 G:\WPDOCS\PC Minutes\3-23-04.doc Planning Commission Minutes March 23, 2004 concerns had been raised by the adjoining residents regarding the density in the area with a previous application that was processed in the area. 3. Commissioner Tyler asked if staff had any conversation with anyone who would like to develop the commercial. Staff stated they have had none. Commissioner Tyler asked if this project were approved, would they be improving only that section of Fred Waring Drive in front of this development. Assistant City Engineer Steve Speer stated no, they will be required to do the street improvements for the entire length west to Washington Street. 4. Commissioner Daniels asked the difference between the uses of Community Commercial and Neighborhood Commercial. Interim Community Development Director Oscar Orci stated the ability to have retail stores over 50,000 square feet are prohibited under Neighborhood Commercial and the minimum parcel size is different for both. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Larry Brose, representing Mayer Villa Capri, stated they concur with staff's position and conditions. They own the entire site, but Trans West Housing will be developing the residential. They will maintain ownership on the commercial site with another entity. They have no objection to improving the entire frontage along Fred Waring Drive. 6. Commissioner Tyler asked how they envisioned Lot 1 being marketed. Chris Schultz, representing Trans West Housing, explained their proposed use of the residential site. 7. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 8. Commissioner Daniels asked the minimum lot size for Community Commercial. Interim Community Development Director Oscar Orci stated the General Plan under Table 2-1 states Community Commercial sizes shall range from 20-30 acres. This site was approved under a parcel map application. The action before the Commission will be consistent with the General Plan. 22 G:\WPDOCS\PC Minutes\3-23-04.doc Planning Commission Minutes March 23, 2004 9. Commissioner Tyler stated the project as designed is not in compliance with the General Plan. The residential design is sterile and shows no interest. The remaining Neighborhood Commercial size is too small to create any substantial project that would create interest for the entry to the City. There is no buffer between the residential and commercial, nor the school district. He cannot support this project as designed. 10. Commissioner Quill stated he thinks there is a market for Lots 1- 10 and Lots B and C are good buffers from the commercial. Curvilinear streets do not lend themselves to this rectangular parcel. The fact that there is that much commercial in the neighborhood north and south of this site is a good reason to downsize the commercial in this area. 11. Commissioner Tyler stated he would never support a big box at this location. 12. Commissioner Daniels stated he too would not be able to support this plan. It is not consistent with the General Plan just adopted by the Council two years ago. The amount of commercial lost is traumatic for the City. There is still a great demand for commercial activity in this area. He would like to know how this was parceled in this manner. 13. Chairman Kirk stated he too could not support the project as designed. The expectations of the residents and the City may be different. Designed as a 20 acre site would do better. He too would like to know how this happened. 14. It was moved and seconded by Commissioners Tyler/Daniels to adopt Minute Motion 2004-006, denying the project. ROLL CALL: AYES: Commissioners Abels, Daniels, Tyler, and Chairman Kirk. NOES: Commissioner Quill. ABSENT: None. ABSTAIN: None. VI. WSINESS ITEMS: A. ntinued — A peal of Public Nuisance Case 9693; a request of Robert an arbara Valdivia for consideration of an appeal of a public nuisance for th roverty located at 54-360 Avenida Juarez. 23 G:\WPDOCS\PC Minutes\3-23-04.doc PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE COMPLEX LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2006-875 APPLICANT: MAYER VILLA CAPRI WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241h day of February, 2009, hold a duly -noticed Public Hearing to consider a recommendation to the City Council approving a 104,000± square foot retail complex and 130,450± square foot medical office complex on 25+ acres located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive more particularly described as: APN'S 609-070-053 AND -054 WHEREAS, said Site Development Permit has been filed concurrently with a Conditional Use Permit and Tentative Parcel Map and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft Environmental Impact Report ("Draft EIR"), State Clearinghouse #2007121009 in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Draft EIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft EIR, as well as all testimony presented at the public hearing, prior to its recommendations to the City Council on the project applications; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 131h day of February, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 6th, day of December, 2007, reviewed the archaeological resources survey associated with the applications, and adopted a Minute Motion recommending approval of the survey to the Planning Commission, subject to staff - recommended conditions; and P:\reports-pc\2009\2-24-09\mayer villa Capri\sdp reso.doc 24 Planning Commission Resolution 2009- Site Development Permit 2006-875 Mayer Villa Capri Adopted: WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 7th day of March, 2007 reviewed the development plans associated with Site Development Permit 2006-875, and adopted a Minute Motion recommending approval to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval for the Site Development Permit: 1. Site Development Permit 2006-875 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial which permits and anticipates the retail and office uses as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the Community Commercial designation. 2. Site Development Permit 2006-875 is consistent with the La Quinta Zoning Code in that it proposes commercial uses permitted under the Community Commercial (CC) zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed or are conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Site Development Permit 2006-875 are in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has prepared a Draft Subsequent Environmental Impact Report SCH #2007121009 (Draft EIR) for the Project, which includes Site Development Permit 2006-875, in compliance with the requirements of the California Environmental Quality Act of 1970. The Draft EIR was presented to the Planning Commission, which reviewed and considered the information contained in said Draft EIR prior to its recommendations to the City Council on the Project 4. The architectural design of Site Development Permit 2006-875, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. The project architecture is internally consistent in architectural design and materials used throughout the project site. 25 Planning Commission Resolution 2009- Site Development Permit 2006-875 Mayer Villa Capri Adopted: 5. The site design of Site Development Permit 2006-875, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development and with the quality of design prevalent in the City. 6. Site Development Permit 2006-875 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed and conditioned so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The project will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of Site Development Permit 2006-875, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 24' day of February, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 26 Planning Commission Resolution 2009- Site Development Permit 2006-875 Mayer Villa Capri Adopted: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 27 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: 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, 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 Site Development Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department 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 submittini hose improvements plans for City approval. PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDE ADOPTED: A project -specific NPDES construction permit must be obtained by the applicant; and 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. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. 29 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 2 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB- CRB) Region Board Order No. R7-2008-001 . G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001 . H. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this 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 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall 30 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 3 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 9. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Washington Street for a total 120-fcot ultimate developed right of way except an additional variable right of way dedication on Washington Street: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a three foot wide raised median, three northbound lanes consisting of a 13- foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend south toward the intersection of Fred Waring Drive to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS and as approved by the City Engineer. 31 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 4 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Pursuant to the aforementioned conditions, the applicant or his design professional shall properly align said improvements with existing laneage to the south of the Washington Street and Fred Waring Drive intersection as required by the City Engineer. 2) Fred Waring Drive (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Fred Waring Drive: a) at the intersection of Washington Street to provide for a 12-foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 67 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW) — Street right of way has been dedicated with recorded Parcel Map 27131. No additional right of way is required to comply with General Plan street widths, except an additional variable right of way dedication 1) at the northerly limits of the Parcel Map of 44 feet from the centerline to align with Palm Royale Drive right-of-way at the Desert Sands Unified School District boundary and to transition as required to 36 feet from the centerline at the Rome Drive intersection and 2) on Palm Royale Drive at the Fred Waring Drive intersection measured 42 feet west of the centerline to accommodate one left turn lane, one through lane and one right turn lane and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 1 1 . Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved const3uction P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 5 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 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 12. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Site Development Permit prior to approval of grading, dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall offer for dedication a ten -foot wide public utility easement contiguous with, and along both sides of all public streets. Additional on -site utility easements shall be dedicated for this Site Development Permit approval as required by the utility purveyors. 14. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Washington Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. B. Palm Royale Drive (Collector Street) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 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. Direct vehicular access to Washington Street, Fred Waring Drive and Palm Royale Drive from lots with frontage along Washington Street, Fred Waring Drive anA Palm P:\Reports - PC\2009\2-24-09\Mayer villa Capri\sdp coa.doc Printed February 20, 2009 Page 6 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Royale Drive is restricted, except for those access points identified on the Site Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 17. 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. STREET AND TRAFFIC IMPROVEMENTS 18. 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; 120' R/W): Widen the east side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. The east curb face shall be located fifty one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13-foot wide inside lane, an 12-foot wide middle lane, a 13-foot wide curb lane and a 9- foot wide parkway as approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend south toward the intersection of Fred Waring Drive and as approved by the City Engineer. Pursuant to the aforementioned conditions, the applicant shall submit plans and construct improvements south of Fred Waring Drive to align with and safely transition to the improvements in a) and b) above as required by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to curb, 34 P:\Reports - PC\200912-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 7 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. e) Reconstruct the existing 14 - foot wide raised landscaped median at the Primary Access Drive Aisle on Washington Street to provide for left turn movement into the Primary Access Driveway while restricting left turn movement out of the Primary Access Driveway and left turn movement out of Calle Las Brisas on the westerly side of Washington Street as approved by the City Engineer. f) Design and construct traffic signal interconnect improvements along the project frontage to include conduit, pull boxes and other appurtenances for the interconnection of the traffic signals. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Relocate the SunLine Transit Agency Bus Stop and Shelter as required to incorporate the SunLine Transit Agency requirements within the proposed deceleration lane. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2) Fred Waring Drive (Major Arterial; 120' R/W): Widen the north side of Fred Waring Drive along all frontages adjacent to the Site Development Permit boundary to its ultimate width on the north side as 35 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 8 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty one feet (51') north of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Washington Street to provide for a 12-foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 67 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer.. Other required improvements in the Fred Waring Drive right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to : curb, gutter, traffic control striping, legends, and signs, d) An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. e) A 14 - foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate 1) a raised median for the dual left turn pockets for the eastbound traffic of Fred Waring Drive to southbound Washington Street and left turn in movements at 36 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 9 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Palm Royale Drive. f) Reconstruct the raised median at the shared drive aisle at Parcels 5 and 10 for a left turn deceleration lane with a left turn out restrictor for a length and taper up to the dual left turn lanes at the Fred Waring Drive and Washington Street intersection as approved by the City Engineer. g) Modification of the existing traffic signal at the Washington Street and Fred Waring Drive intersection as required by the abovementioned improvements and as approved by the City Engineer and the City of Palm Desert. Applicant shall submit plans and fees required for the City of Palm Desert concurrent approval. h) Class II Bike Lane as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW): Widen the west side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. The west curb face shall be located twenty four feet (24') west of the centerline, except at locations where additional street width is needed to accommodate: a) Transitional street width required from 32 feet at the northerly boundary adjacent to the Colonel Mitchell Page Middle School to 24 feet at Rome Drive as approved by the City Engineer. b) A deceleration/right turn only lane on Palm Royale at the Fred Waring Drive intersection. The west curb face shall be located thirty two (32') west of the centerline and length to be as approved by the City Engineer to extend from the Access Drive across Rome Drive to Fred Waring Drive. to accommodate one left turn lane, one through lane and one right turn lane, Other required improvements in the Palm Royale Drive right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to : curb, gutter, traffic control striping, legends, and signs, 37 P:\Reports - PC\2009\2-24-09\Mayer villa Capri\sdp coa.doc Printed February 20, 2009 Page 10 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: d) 6-foot wide sidewalk with a planter next to the curb. e) Class II Bike Lane to connect with the existing Bike Lane to the north and as required by the City Engineer. f) The applicant is responsible for 25 % share of the cost to design and install the traffic signal at the intersection of Palm Royale Drive and Fred Waring Drive to be installed by the City of La Quinta with the CIP 2007-06 Project. Additionally, the applicant is responsible to design and construct all traffic signal interconnect equipment including pull boxes, conduit and other appurtenances along the project frontage for the interconnection of this traffic signal with the existing traffic signal at the Washington Street and Fred Waring Drive intersection. g) The applicant shall install interconnect/loop conduits as required The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 19. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Collector 4.0" a.c /5.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 20. 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. 21. General access points and turning movements of traffic are limited to the following: A. Washington Street 38 P:\Reports - PM2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 11 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 1) Primary Access Drive (between Parcel 1 and 2): Right turn movements in and out and left turn movements in are permitted. Left turn movement out is prohibited. 2) Secondary Access Drive (northerly end of Site Development Permit): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Fred Waring Drive 1) Service Access Drive: Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Westerly most driveway: Right turn movements in and out turn movements are permitted. Left turn movements in and out are prohibited. 3) Secondary most easterly Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. C. Palm Royale Drive 11 Access Drive across Rome Drive: Full turn movements are permitted. 22. 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. 23. 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 24. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. 39 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 12 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length for standard parking stalls and 18 feet for handicapped parking stall or as approved by the City Engineer. E. Drive aisles between parking stalls shall be a minimum of 26 feet with egress drive aisles a minimum of 30 feet or as approved by the City Engineer. F. Drive-thru aisles shall be a minimum of 12 feet along straight away portions and increased to a minimum 14 feet at bends (to accommodate turning movements). The minimum dimensions shall be paved roadway surface. Additionally for the drive-thru proposed at Building 10, a seven -car minimum stacking capacity is required from the order window to the drive-thru entrance off of the east -west drive aisle or as approved by the City Engineer. Additionally, the applicant shall construct signage and pavement markings to prevent vehicles blocking this east -west drive aisle 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. Site Plan dated January 14, 2009 requires additional revisions based on Public Works Department plan review of said Site Plan. 25. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 35088 and these conditions of approval. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 40 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 13 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDE ADOPTED: 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 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. The applicant is required to eliminate parking stalls along the main entry drive aisle along the Primary Entry off of Washington Street up to Building 5 as shown on the Site Plan dated January 14, 2009 and as approved by the City Engineer. 31. The applicant is required to redesign the parking lot layout between Buildings 4 and 5 as required by the City Engineer. 32. The applicant is required to address the westerly edge of the westerly parking stalls adjacent to Office Building 11 as approved by the City Engineer. 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. 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 34. 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 41 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 14 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal G. Washington Street/Fred Waring Drive Traffic Signal Modification Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. Traffic Signal Interconnect Plan 1 " = 40' Horizontal I. Precise Grading Plan 1 " = 30' Horizontal NOTE: E through I 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 42 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 15 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 35. 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. 36. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 38. 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 43 PAReports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 16 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDE ADOPTED: to any combination thereof, as may be required by the City. 39. 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 Site Development Permit, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 40. 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 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. 41. Depending on the timing of the development of this Site Development Permit, 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 Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. UJI P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 17 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the first building occupancy.. 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. 42. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements GRADING 43. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 44. 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. 45. 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, 45 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 18 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDE ADOPTED: C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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. 46. 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. 47. 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. 48. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 49. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 46 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 19 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 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. 50. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Plan for this Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance review. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 52. 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 plus offsite water to the street centerline tributary area 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. Retention volume requirements are documented in the MSA October 15, 2006 Hydrology Report to equal 8.18 acre-feet. 53. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 54, 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. 55. 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 47 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 20 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: granted or dedicated to the local water utility authority as a requirement for development of this property. 56. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 57. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 58. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 59. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 60. 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. 61. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 62. 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. 63. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 64. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench 48 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 21 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 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. CONSTRUCTION 65. 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. LANDSCAPE AND IRRIGATION 66. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 67. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots areas. 68. Landscape and irrigation plans for landscaped lots and setbacks, medians and retention basins shall be signed and stamped by a licensed landscape architect. 69. The applicant shall submit the final landscape plans for preliminary approval by the Planning Department and green sheet sign off by the Public Works Department. After plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final irrigation and landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 70. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 49 P:\Reports - PC\200912-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 22 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 71. 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`b 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. 72. In the commercial complex diamond shaped tree planters and/or regular planters shall be provided between head of parking spaces and buildings or in adjacent sidewalks to provide code required shading and soften the buildings appearance. PUBLIC SERVICES 73. The applicant shall provide and/or modify public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 74. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 75. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant will prepare and submit documentation that "runs with the land" for approval by the City Engineer and City Attorney for this continuous and perpetual maintenance obligation. FEES AND DEPOSITS 76. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 77. 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). 78. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code. 79. On the day after City Council approval of the application, a check made out to the "County of Riverside" for $2,832.25 shall be delivered to the Planning Department 50 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 23 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: for the environmental Notice of Determination fee. MISCELLANEOUS 80. The commercial complex and medical office complex projects shall be considered separate projects for plan checking purposes. 81. An exterior lighting plan (parking lot, carports, walkway, building, landscaping) shall be submitted to the Planning Department for approval prior to issuance of first building permit. A photometric study for the parking lot shall be included with the lighting plan complying with Zoning Code Section 9.100.150. Parking lot fixture height shall not exceed 20' above parking lot grade. Side shielding of fixtures shall be provided on all perimeter parking lot fixtures and any other fixture that may glare onto adjacent residential properties, to the satisfaction of the Planning Director. Carport lighting shall be recessed and not readily visible from the side view. Parking lot lights shall be dimmed or partially turned off to "night mode" within one hour of closing. Dimmed lights shall be at a level to maintain safety. 82. Sign programs for each complex shall be submitted to the Planning Department for approval and comply with the requirements of Zoning Code Chapter 9.160. 83. The parking lot perimeter shall be screened from view of public streets through the use of +3' berming and/or 3'-6" high decorative masonry wall to the satisfaction of the Planning Director. 84. Prior to submission of first plan check of architectural, improvement plan, precise plan or grading plan, the applicant shall submit the plans to the Fire Marshal for their review and approval. 85. Height, design and location for all trash enclosures and loading screen walls shall be approved by the Planning Director during plan check of working drawings. 86. The carport design for the medical complex shall be compatible in design, material and color to the approved buildings. Preliminary design plans for the carport shall be submitted to the Planning Director for review and approval prior to building permit submittal. The Planning Director may approve the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 87. Medical complex buildings 11, 12, 13 and 15 shall be architecturally consistent (including design, material and color) with approved building 14. Preliminary plans for buildings 11, 12, 13 and 15 shall be submitted to the Planning Director f5r review P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 24 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: and approval. The Director may approval the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 88. Height of Buildings 11 and 12 shall be no higher than 22' (except limited tower elements) as stipulated in the Image Corridor requirements. 89. The medical complex water feature shall be designed to minimize "splash", use high efficiency pumps and lighting to the satisfaction of the Planning Director. It shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 90. The two story high windows of the medical complex shall be provided with solar protection for summer sun to the satisfaction of the Planning Director. 91. Future Medical Office Building 13 shall be one story and consistent in design with buildings 11 and 12. 92. A sample or detailed photographs of the roof equipment screen material for the medical complex shall be submitted to the Planning Director for approval at the time of working drawing plan check. 93. The planters in areas adjacent to the school building grounds shall be heavily planted with canopy trees (minimum 36" box, 2.5" caliper) to provide a visual screen of the commercial complex. All planters along north property line shall be a minimum 10 feet wide to accommodate trees and planting. 94. Design and location plans for all cart returns within the parking lot shall be approved by the Planning Director. 95. Plans for building 1 of the commercial complex shall be architecturally compatible the other commercial complex buildings. Preliminary plans for the building shall be submitted to the Planning Director for review and approval. The Director may approval the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 96. The entry tower of the drug store in the commercial complex shall be lowered to not exceed 26'. 97. A palette of designs, colors and materials for the awnings by tenant shall be submitted to and approved by the Planning Director prior to issuance of first commercial complex building permit. The developer shall consider providing "awnings by tenant" as part of initial construction. 52 PAReports - PC\2009\2-24-09\Mayer Villa Capri\sdp coa.doc Printed February 20, 2009 Page 25 of 26 PLANNING COMMISSION RESOLUTION 2009- SITE DEVELOPMENRT PERMIT 2006-875 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 98. An east bound facing City entry sign shall be provided on the corner of Washington Street and Fred Waring Drive in the perimeter landscape area to the satisfaction of the Planning and Public Works Directors, if deemed necessary by the Planning Commission. 99. All mechanical equipment shall be screened to the satisfaction of the Planning Director. 100. All applicable requirements of CUP 2007-105 and TPM 35088 shall be complied with. 101. All mitigation measures contained in the Final Environmental Impact (EIR) Report for EA 2006-582 shall be complied with. Said EIR is on file in the Planning Department of the City of La Quinta. P:\Reports - M2009\2-24-09\Mayer Villa Capri\sdp coa.doc 53 Printed February 20, 2009 Page 26 of 26 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CONVALESCENT/REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND PALM ROYALE DRIVE CASE NO.: CONDITIONAL USE PERMIT 2007-105 APPLICANT: MAYER VILLA CAPRI WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`" day of February, 2009, hold a duly -noticed Public Hearing to consider a recommendation to the City Council approving a Convalescent/Rehabilitation facility as part of an 130,450± square foot medical office complex on 15+ acres located on the northwest corner of Fred Waring Drive and Palm Royale Drive more particularly described as: APN 609-070-053 WHEREAS, said Conditional Use Permit has been filed concurrently with a Site Development Permit and Tentative Parcel Map and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft Environmental Impact Report ("Draft EIR"), State Clearinghouse #2007121009 in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Draft EIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft EIR, as well as all testimony presented at the public hearing, prior to its recommendations to the City Council on the project application; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 13`" day of February, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 6th, day of December, 2007, reviewed the archaeological resources survey associated with the application, and adopted a Minute Motion recommending approval of the survey to the Planning Commission, subject to staff - recommended conditions; and P:\reports-pc\2009\2-24-09\mayer villa Capri\sdp reso.doc 54 Planning Commission Resolution 2009- Conditional Use Permit 2007-105 Mayer Villa Capri Adopted: WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval for the Conditional Use Permit: 1. Conditional Use Permit 2007-105 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which is intended to be developed with commercial uses similar to the Convalescent/Rehabilitation use proposed herein. This commercial use will therefore help achieve the goals and permitted uses of the CC designation. 2. Conditional Use Permit 2007-105 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation. The project's proposed use is consistent with the uses identified in the CC district and have been designed and is conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Conditional Use Permit 2007-105 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has prepared a Draft Subsequent Environmental Impact Report SCH#2007121009 (Draft EIR) for the Project, which includes Conditional Use Permit 2007-105, in compliance with the requirements of the California Environmental Quality Act of 1970. The Draft EIR was presented to the Planning Commission, which reviewed and considered the information contained in said Draft EIR prior to its recommendations to the City Council on the Project. 4. Approval of Conditional Use Permit 2007-105 will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to or be incompatible with other properties or land uses in the vicinity in that the use is self contained in a building that has been designed to be compatible with the adjacent medical office buildings and commercial complex. Furthermore, it is a significant distance from nearby residential and school uses and will not create conditions, such as noise, odors, traffic, etc. that will be detrimental to adjacent properties. 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; 55 Planning Commission Resolution 2009- Conditional Use Permit 2007-105 Mayer Villa Capri Adopted: 2. That it does hereby recommend to the City Council approval of Conditional Use Permit 2007-105, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 241" day of February, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 56 PLANNING COMMISSION RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-105 MAYER VILLA CAPRI ADOPTED: GENERAL 1. The use of the subject property for a convalescent/rehabilitation facility as part of a medical complex shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 20073-105, Site Development Permit 20063-875, Tentative Parcel Map 35088 and Environmental Assessment 2006-582, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 57 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SUBDIVISION OF ±25 ACRES INTO TEN PARCELS LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE CASE NO.: TENTATIVE PARCEL MAP 35088 APPLICANT: MAYER VILLA CAPRI WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`h day of February, 2009, hold a duly -noticed Public Hearing to consider a recommendation to the City Council approving Tentative Parcel Map which divides ±25 acres into 10 commercial parcels for a commercial complex and medical office complex located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive more particularly described as: APN'S 609-070-053 and 609-070-054 WHEREAS, said Tentative Parcel Map has been filed concurrently with a Site Development Permit and Conditional Use Permit and in whole represents the development permit applications for the project as contemplated; and, WHEREAS, the Department has prepared a Draft Environmental Impact Report ("Draft EIR"), State Clearinghouse #2007121009 in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Draft EIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft EIR, as well as all testimony presented at the public hearing, prior to its recommendations to the City Council on the project application; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 13`h day of February, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 6th, day of December, 2007, reviewed the archaeological resources survey associated with the application, and adopted a Minute Motion recommending approval of the survey to the Planning Commission, subject to staff - recommended conditions; and P:\reports-pc\2009\2-24-09\mayer villa Capri\sdp reso.doc 58 Planning Commission Resolution 2009- Tentative Parcel Map 35088 Mayer Villa Capri Adopted: WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval for the Tentative Parcel Map: As proposed, Tentative Parcel Map 35088 is consistent with the La Quinta General Plan. The Tentative Parcel Map is consistent with the Community Commercial land use designation of the site in that the resulting parcels conforms with the associated proposed commercial and medical uses. 2. The design and improvement of Tentative Parcel Map 35088 is consistent with the La Quinta General Plan with the implementation of recommended conditions of approval to ensure proper street widths, and timing of their construction, as well as adequate storm water drainage, street and other infrastructure improvements. The Draft EIR requires specific off -site improvements to mitigate traffic -related impacts from this project. These improvements have been incorporated into the approval conditions for the Project, and identified in the Draft EIR. 3. The design of Tentative Parcel Map 35088 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Draft EIR prepared for the Project, which includes Tentative Parcel Map 35088, determined that there are no significant impacts to air (permanent) or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of Tentative Parcel Map 35088 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Draft EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Draft EIR prepared for the Project, which includes Tentative Parcel Map 30588, determined that there are no significant impacts to air (permanent) or water quality, geology soils, or other significant health or safety -related impacts which cannot be mitigated to less than significant levels Oth PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SUBDIVISION OF ±25 ACRES INTO TEN PARCELS LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE CASE NO.: TENTATIVE PARCEL MAP 35088 APPLICANT: MAYER VILLA CAPRI WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24" day of February, 2009, hold a duly -noticed Public Hearing to consider a recommendation to the City Council approving Tentative Parcel Map which divides ±25 acres into 10 commercial parcels for a commercial complex and medical office complex located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive more particularly described as: APN'S 609-070-053 and 609-070-054 WHEREAS, said Tentative Parcel Map has been filed concurrently with a Site Development Permit and Conditional Use Permit and in whole represents the development permit applications for the project as contemplated; and, WHEREAS, the Department has prepared a Draft Environmental Impact Report ("Draft EIR"), State Clearinghouse #2007121009 in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Draft EIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft EIR, as well as all testimony presented at the public hearing, prior to its recommendations to the City Council on the project application; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 13" day of February, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 6th, day of December, 2007, reviewed the archaeological resources survey associated with the application, and adopted a Minute Motion recommending approval of the survey to the Planning Commission, subject to staff - recommended conditions; and P:\reports-pc\2009\2-24-09\mayer villa Capri\sdp reso.doc 60 Planning Commission Resolution 2009- Tentative Parcel Map 35088 Mayer Villa Capri Adopted: WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval for the Tentative Parcel Map: 1. As proposed, Tentative Parcel Map 35088 is consistent with the La Quinta General Plan. The Tentative Parcel Map is consistent with the Community Commercial land use designation of the site in that the resulting parcels conforms with the associated proposed commercial and medical uses. 2. The design and improvement of Tentative Parcel Map 35088 is consistent with the La Quinta General Plan with the implementation of recommended conditions of approval to ensure proper street widths, and timing of their construction, as well as adequate storm water drainage, street and other infrastructure improvements. The Draft EIR requires specific off -site improvements to mitigate traffic -related impacts from this project. These improvements have been incorporated into the approval conditions for the Project, and identified in the Draft EIR. 3. The design of Tentative Parcel Map 35088 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Draft EIR prepared for the Project, which includes Tentative Parcel Map 35088, determined that there are no significant impacts to air (permanent) or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of Tentative Parcel Map 35088 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Draft EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Draft EIR prepared for the Project, which includes Tentative Parcel Map 30588, determined that there are no significant impacts to air (permanent) or water quality, geology soils, or other significant health or safety -related impacts which cannot be mitigated to less than significant levels with incorporation of recommended mitigation measures into the Project, which has been required. 61 Planning Commission Resolution 2009- Tentative Parcel Map 35088 Mayer Villa Capri Adopted: 5. The design and improvements required for Tentative Parcel Map 35088 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All necessary right-of-way for construction of off -site improvements associated with this site will be provided as required by the conditions of approval for this Project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of Tentative Parcel Map 35088, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 24' day of February, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 62 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: 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"). This Tentative Parcel Map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department • Riverside Co. Environmental Health Department Desert Sands Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) 63 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: • 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; and 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. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 01 acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 64 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 2 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 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. 137-2008-001. G. For post -construction urban runoff from New Development and Redevelopment Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 65 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 3 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 9. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 11 Washington Street (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Washington Street: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13-foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and 66 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 4 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: b) a 12-foot deceleration/right turn only lane as shown on the January 14, 2009 Site Plan to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Pursuant to the aforementioned conditions, the applicant shall also design and construct improvements on Washington Street to the south of the intersection with Fred Waring Drive that are required to properly align and safely transition to the Washington Street improvements northerly of the Fred Waring Drive intersection as approved by the City Engineer. 2) Fred Waring Drive (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Fred Waring Drive: a) at the intersection of Washington Street to provide for a 12-foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Tentative Parcel Map and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 67 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW) — Street right of way has been dedicated with recorded Parcel Map 27131 . No additional right of way is required to comply with General Plan street widths, except an additional variable right of way dedication 1) at the northerly limits of the Parcel Map of 44 feet from the centerline to align with Palm Royale Drive right-of-way at the Desert Sands Unified School District boundary and to transition as required to 36 feet from the centerline at the Rome Drive intersection and 2) on Palm Royale Drive at the Fred Waring Drive intersection 67 P:\Reports - P02009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 5 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: measured 42 feet west of the centerline to accommodate one left turn lane, one through lane and one right turn lane and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. 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. 12. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all public streets. Additional on - site utility easements shall be shown on the Final Map for this Tentative Parcel Map as required by the utility purveyors. 14. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Washington Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. B. Palm Royale Drive (Collector Street) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 68 P:\Reports - PC\200912-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 6 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 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. Direct vehicular access to Washington Street, Fred Waring Drive and Palm Royale Drive from lots with frontage along Washington Street, Fred Waring Drive and Palm Royale Drive is restricted, except for those access points identified on the Site Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 17. 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. 18. 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. STREET AND TRAFFIC IMPROVEMENTS 19. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. The east curb face shall be located fifty one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13-foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot combined continuous deceleration/right turn only lane as shown on the January 14, 2009 Site Plan. 69 P:\Reports - PC\2009\2-24-09\Meyer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 7 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Pursuant to the aforementioned conditions, the applicant shall design and construct improvements on Washington Street southerly of the intersection with Fred Waring Drive as approved by the City Engineer to align and safely transition to the improvements as conditioned northerly of the intersection. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to : curb, gutter, traffic control striping, legends, and signs, d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) the design and installation of all traffic signal interconnect equipment, conduit, pull boxes and appurtenances along the frontage of the project for the interconnection of the existing traffic signal at Washington Street and Fred Waring Drive intersection to adjacent traffic signals. f) Reconstruct the existing 14 - foot wide raised landscaped median at the Primary Access Drive Aisle on Washington Street to provide for left turn movement into the Primary Access Driveway while restricting left turn movement out of the Primary Access Driveway and left turn movement out of Calle Las Brisas on the westerly side of Washington Street as approved by the City Engineer. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Relocate the SunLine Transit Agency Bus Stop and Shelter as required to incorporate the SunLine Transit Agency requirements 70 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 8 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: within the proposed deceleration lane. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks)• 2) Fred Waring Drive (Major Arterial; 120' R/W): Widen the north side of Fred Waring Drive along all frontages adjacent to the Tentative Parcel Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty one feet (51') north of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Washington Street to provide for a 12-foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, dual westbound left turn lanes to southbound Washington Street, and a 3-foot wide raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Tentative Parcel Map and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive measured 67 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Other required improvements in the Fred Waring Drive right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to : curb, gutter, traffic control striping, legends, and signs, d) An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature 71 P:1Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 9 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) A 14 - foot wide raised landscaped median along the entire boundary of the Tentative Parcel Map. plus variable width as needed to accommodate 1) a raised median for the dual left turn pockets for the eastbound traffic of Fred Waring Drive to southbound Washington Street and left turn in movements at Palm Royale Drive. f) Reconstruct the raised median at the shared drive aisle at Parcels 5 and 10 for a left turn deceleration lane with a left turn out restrictor for a length and taper up to the dual left turn lanes at the Fred Waring Drive and Washington Street intersection as approved by the City Engineer. g) Design and construct traffic signal equipment and interconnect improvements along the project frontage including conduit, pull boxes and other appurtenances for the interconnection of the traffic signals. h) Modification of the existing traffic signal at the Washington Street and Fred Waring Drive intersection as required by the abovementioned improvements and as approved by the City Engineer and the City of Palm Desert. Applicant shall submit plans and fees required for the City of Palm Desert concurrent approval. Class II Bike Lane as approved by the City Engineer 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW): Widen the west side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. The west curb face shall be located twenty four feet (24') west of the centerline, except at locations where additional street width is needed to accommodate: 72 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 10 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: a) Transitional street width required from 32 feet at the northerly boundary adjacent to the Colonel Mitchell Page Middle School to 24 feet at Rome Drive as approved by the City Engineer. b) A deceleration/right turn only lane on Palm Royale at the Fred Waring Drive intersection. The west curb face shall be located thirty two (32') west of the centerline and length to be as approved by the City Engineer to extend from the Access Drive across Rome Drive to Fred Waring Drive. to accommodate one left turn lane, one through lane and one right turn lane, Other required improvements in the Palm Royale Drive right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, d) 6-foot wide sidewalk with a planter adjacent to curb. e) Class II Bike Lane to connect with the existing Bike Lane to the north and as required by the City Engineer. f) The applicant is responsible for a 25 % share of the cost to design and install the traffic signal at the intersection of Palm Royale Drive and Fred Waring Drive that will be installed by the City of La Quinta CIP Project 2007-06. g) The applicant is responsible for the cost to design and install all traffic signal equipment including conduit, pull boxes and other appurtenances for the interconnection of this traffic signal with the existing traffic signal at the Washington Street and Fred Waring Drive intersection as approved by the City Engineer. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Collector 4.0" a.c /5.0" c.a.b. 73 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 11 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 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. Washington Street 1) Primary Access Drive (between Parcel 1 and 2): Right turn movements in and out and left turn movements in are permitted. Left turn movement out is prohibited. 2) Secondary Access Drive (northerly end of Tentative Parcel Map): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Fred Waring Drive 1) Service Access Drive between Parcel 5 and 10: Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Westerly most driveway to Parcel 3 between Parcels 4 and 5 on Fred Waring Drive: Right turn movements in and out turn movements are permitted. Left turn movements in and out are prohibited. 3) Secondary most easterly Access Drive to Parcels 9 and 10. Right turn movements in and out are permitted. Left turn movements in and out are prohibited. C. Palm Royale Drive 1) Access Drive across Rome Drive: Full turn movements are permitted. 23. Improvements shall include appurtenances such as traffic control signs, markings and 74 PAReports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 12 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 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 (Parking). In particular, the following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. 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. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length for standard parking stalls and 18 feet for handicapped parking stalls or as approved by the City Engineer. E. Drive aisles between parking stalls shall be a minimum of 26 feet with egress drive aisles a minimum of 30 feet or as approved by the City Engineer. F. Drive-thru aisles shall be a minimum of 12 feet along straight away portions and increased to a minimum 14 feet at bends (to accommodate turning movements). The minimum dimensions shall be paved roadway surface. Additionally for the drive-thru proposed at Building 10, a seven -car minimum stacking capacity is required from the order window to the drive-thru entrance off of the east -west drive aisle or as approved by the City Engineer. Additionally, the applicant shall construct signage and pavement markings to prevent vehicles blocking this east -west drive aisle 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. Site Plan dated Jasnuary P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 13 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 14, 2009 requires additional revisions based on Public Works Department plan review of said Site Plan. 26. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 35088 and these conditions of approval. 27. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -'specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 28. 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. 29. 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. 30. 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. 31. The applicant is required to eliminate parking stalls along the main entry drive aisle along the Primary Entry off of Washington Street up to Building 5 as shown on the Site Plan dated January 14, 2009 AND AS APPROVED BY THE City Engineer. 32. The applicant is required to redesign the parking lot layout between Buildings 4 and 5 as approved by the City Engineer. 76 P:\Reports - PC1200912-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 14 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 33. The applicant is required to address the westerly edge of the westerly parking stalls adjacent to the Office Building 11 as approved by the City Engineer. FINAL MAPS 34, Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 35. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 36. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc 77 Printed February 20, 2009 Page 15 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: G. Washington Street/Fred Waring Drive Traffic Signal Modification Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. Traffic Signal Interconnect Plan 1 " = 40' Horizontal I. Precise Grading Plan 1 " = 30' Horizontal NOTE: E through I 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 37. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and 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-1 k for 78 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 16 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: the Standard Drawings hyperlink. 38. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 39. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built' conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 40. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 41. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 42. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 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. 79 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 17 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to 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. 43. 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 means, 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 or by the issuance of the prior to the first building occupancy. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 44. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. 80 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 18 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 45. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 46. 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. 47. 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 Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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. 81 P:\Reports - PC\200912-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 19 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 48. 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. 49. 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. 50. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative parcel map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 51. 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. 52. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 53. 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. 82 P:\Reports - PC\2009\2-24-0%Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 20 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: DRAINAGE 54. 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 plus offsite water to the street centerline tributary area 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. Retention volume requirements are documented in the MSA October 15, 2006 Hydrology Report to equal 8.18 acre-feet. 55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 57. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 58. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 59. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 60. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). rN P:\Reports - PC\2009\2-24.09\Mayer Villa Capri\tpm co@.doc Printed February 20, 2009 Page 21 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 64. The applicant shall 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. 65. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 66. 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. CONSTRUCTION 67. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 68. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 69. The applicant shall provide landscaping in the required setbacks and retention basins, 84 P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 22 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: common lots areas. 70. Landscape and irrigation plans for landscaped lots and setbacks, medians and retention basins shall be signed and stamped by a licensed landscape architect. 71. The applicant shall submit the final landscape plans for preliminary approval by the Planning Department and green sheet sign off by the Public Works Department. After plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final irrigation and landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 72. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 73. 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, 51h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. PUBLIC SERVICES 74. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 75. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 76. The applicant shall make provisions for the continuous and perpetual maintenance of 85 P:\Reports - PC12009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 23 of 24 PLANNING COMMISSION RESOLUTION 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: all private on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant will prepare and submit documentation that "runs with the land" for approval by the City Engineer and City Attorney for this continuous and perpetual maintenance obligation. FEES AND DEPOSITS 77. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 78. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 79. On the day after City Council approval of the application, a check made out to the "County of Riverside" for $2,832.25 shall be delivered to the Planning Department for the environmental Notice of Determination fee. MISCELLANEOUS 80. All applicable requirements of CUP 2007-105 and SDP 2006-875 shall be complied with. 81. All mitigation measures contained in the Final Environmental Impact (EIR) Report for EA 2006-582 shall be complied with. Said EIR is on file in the Planning Department of the City of La Quinta. P:\Reports - PC\2009\2-24-09\Mayer Villa Capri\tpm coa.doc Printed February 20, 2009 Page 24 of 24 PH#B r STAFF REPORT PLANNING COMMISSION DATE: FEBRUARY 24, 2009 CASE NO: SIGN APPLICATION 2009-1337 APPLICANT: IMPERIAL SIGN COMPANY PROPERTY OWNER: HIGHLAND DEVELOPMENT COMPANY REQUEST: CONSIDERATION OF A REQUEST FOR A SIGN PROGRAM TO THE PLAZA AT TAMPICO LOCATION: NORTHEAST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE ENVIRONMENTAL CONSIDERATION: ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTION 15311(a) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) SURROUNDING ZONING/LAND USE: NORTH: MAJOR COMMUNITY FACILITIES (MC) / ADAMS ELEMENTARY SCHOOL SOUTH: VILLAGE COMMERCIAL (VC) / VACANT EAST: VILLAGE COMMERCIAL (VC) / OFFICES WEST: VILLAGE COMMERCIAL (VC) / CASITAS SANTA ROSA BACKGROUND: The Plaza at Tampico (Attachment 1) was approved on October 9, 2007. It is part of a retail commercial designated portion of Specific Plan 94-024 for the existing Duna La Quinta project. At the time of approval the project, building signs were not a part of the approval. SIGN PROGRAM PROPOSAL: A summary of the Sign Program (Attachment 2) for the three buildings within Plaza SA 2009-1337 PC STAFF REPORT 1 Tampico is as follows: Major Building, Fresh & Easy For Fresh & Easy located on the Southwest corner of the project site, the Sign Program proposes signs on all four building elevations; the signs have the same style of illumination and color. There are two parts to the signs as proposed, one part is the green background panels, which will be mounted on the wall and be indirectly illuminated. The second part to the sign is the reverse channel halo lit letters for the words "Fresh & Easy" and the clock logo, which will be mounted on the panel. The background panel will be green with a matte finish and the "Fresh" and "Easy" will be white and the "&" will be a lime green color. The clock logo will have a combination of white, lime green, and a darker green shade to contrast with the background panel. The size of the signs on the east (facing parking lot) and north (facing the parking lot) will be 86.8 square feet. The sign on the south (facing Calle Tampico) building elevation will be the largest at 94.5 square feet and the sign on the west (facing Desert Club) will be the smallest at 42 square feet. Shop Building 1 Shop Building 1 is located on the Southeast corner of the project site. Each sign will be limited to a 36" x 14' sign area (42 square feet) and have internally illuminated reverse channel letters. The color option will be limited to black, green (to match the color of the awning), or bronze. Lettering type style shall be Garamond or equal to it. Shops Building 2 Shops Building 2 is parallel to Calle Tampico and is located on the Northern part of the project site. Each sign will be limited to a 36" x 18' sign area (54 square feet) and have internally illuminated reverse channel letters. The color options will be limited to black, green (to match the color of the awning), or bronze. Lettering style shall be Garamond or equal to it. Building mounted signs will be located on all elevations except for the North elevation facing the elementary school. ANALYSIS: The overall intent of the design guidelines and provisions in the Sign Program are well organized and take into account the different needs of the buildings within the center. For example, proposing that each tenant sign on Shops Building 1 and Shops Building 2 meet a specific square footage and providing color options for signs to be black, green or bronze in color sets very specific provisions for a tenant to adhere to. This ensures good proportion, design, and compatibility between all signs, which are some of the goals of the Sign Program. 2 SA 2009-1337 PC STAFF REPORT One of the issues that affects the intent of the proposed Sign Program is the "Provisional Clause" section (Attachment 2, Page 7), which implies that the provisions of the Sign Program can be easily challenged by a potential tenant with a non -conforming sign proposal. The City is aware that there are businesses that may have a federally registered trademark and in the past has processed Sign Programs that make an exception for such signs. To accommodate such sign applications, the second paragraph of the "Provisional Clause" section should be replaced with the following: "Regional or national tenants with 5 or more outlets or a federally registered trademark may request approval to use their corporate signAogo. The sign shall not exceed 42 square feet if proposed in Shops Building 1 or 54 square feet if proposed in Shops Building 2 and shall be approved by the Planning Director." One missing element from the Sign Program is the proposal of monument signs. The applicant and property owner have chosen not to include monument identification signs as part of the Sign Program. Per the Sign Code, the applicant would have been allowed two monument signs, one on Calle Tampico and the other on the Desert Club Drive entrance each at 50 square feet, with an overall total of 100 square feet of signage. Any future application for monument signs will require an amendment to the Sign Program. Major Building, Fresh & Easy The size and quantity of signs proposed for the Fresh & Easy building exceeds what the Code allows. Per Code section 9.160.050 Table 9-19, an individual commercial building is allowed a maximum number of two signs (no more than one per each side) at a maximum size 50 square feet along a street frontage. The following table illustrates what the Sign Code allows and what the applicant is proposing: Location Code allowance Sign Program Proposal East Building Elevation 1 Sign 1 Sign facin arkin lot 50 square feet 86.8 s uare feet West Building Elevation NO SIGNAGE 1 Sign facin Desert Club Drive 42 s uare feet* North Building Elevation NO SIGNAGE 1 Sign (facing parking lot) 86.8 square feet South Building Elevation (facing Calle Tampico) 1 Sign 50 square feet 1 Sign 94.5 square feet T©TAL 2 SIGNS 4 SIGNS 100 SQUARE FEET 3110.10 SQUARE FEET `Sign size complies with the Sign Code Per Code Section 9.160.090, the Planning Commission can grant adjustments to a sign program to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height. Two sign 3 SA 2009-1337 PC STAFF REPORT adjustments may be granted to allow the additional signs and sign area. Code Section 9.160.090 (E) (3) (a) to allow alternative locations is recommended since the proposed Sign Program does not include any monument signs. The square footage that would have applied to the monument signs may be transferred to the North and East building elevation of the Fresh & Easy location to make up for the lack of visibility, giving Fresh & Easy an additional 100 square feet for a total of 200 square feet of signage for the entire building. This allowance still does not address the excess 110.10 square feet that remains. An additional sign adjustment in Sign Code 9.160.090 (E) (1) (a) may be granted because of the orientation of the building and location of the sign. Any potential customers entering the commercial center from Springtime Way would not immediately know the location of Fresh & Easy if signs were to be located only on the West and South building elevations. Shops Building 1 For the Shops Building 1 located on the Southeast corner of the project site, provision no. 11 is not clear as to the maximum number of signs allowed for each tenant. The proposed locations are appropriate, but end tenants should be limited to two signs. Therefore, no. 11 should read as follows, "Tenants are allowed no more than 2 signs. End tenants shall be limited to a sign in the front and one on the opposite elevation or one on the side of the building as shown in the exhibit." Shops Building 2 For Shops Building 2, parallel to Calle Tampico and located on the northern part of the project site, the applicant is proposing signs at 54 square feet, which is over four square feet of the maximum allowed. In order to approve 54 square foot signs for Shop Building 2, the Planning Commission will need to grant a sign adjustment. Code Section 9.160.090 (E) (1) (a), would apply for Shops Building 2 because of the exceptional setback of the building. Sign Program provision No. 11 for the Shops Building 2 states, "Tenants may be allowed 2 signs on opposite elevations at the same square feet noted on number #8 for shop building #2." Yet, the exhibits do not show signs on the north elevation of the building. The north elevation of the building faces the elementary school, staff recommends that signs not be allowed on this side. Therefore, provision no. 11 should be changed to read: "All tenants are allowed one sign on the south elevation. End tenants are allowed an additional sign on the east or west building elevation for a maximum total of two signs." FINDINGS: 4 SA 2009-1337 PC STAFF REPORT The following findings can be made in support of Sign Application 2009-1337: A. Sign Application 2009-1337, as recommended, is consistent with the purpose and intent of Chapter 9.160, in that it does not conflict with the standards as set forth in Chapter 9.160 B. Sign Application 2009-1337, as recommended, is harmonious and consistent with all signs as proposed under the Sign Program, due to the common use of letter type and size, color and location of signs. C. Sign Application 2009-1337, as recommended, is harmonious with and visually related to the subject buildings as the scale of the signs and letter sizes used accentuate the building design. D. Sign Application 2009-1337, as recommended, is harmonious with and visually related to surrounding development, as it will not adversely affect surrounding land uses or obscure other adjacent conforming signs. E. Sign Application 2009-1337, as recommended, is consistent with the purpose and intent of the sign adjustment review process in that the sign adjustment to allow alternative location to transfer area from a freestanding sign to a wall is necessary to overcome a disadvantage caused by an unfavorable orientation of the wall to the street. F. Sign Application 2009-1337, as recommended, is consistent with the purpose and intent of the sign adjustment review process in that the sign adjustment to allow additional area is necessary to overcome a disadvantage as result of an exceptional setback between the street and the orientation PUBLIC COMMENTS: This project was advertised in the Desert Sun newspaper on February 14, 2009, mailed to all property owners within 500-feet of the site, and posted on City Public Hearing information boards. At the time of the filing of this report, staff had not received any letters or phone calls from the public regarding the proposal. RECOMMENDATION: Adopt Minute Motion No. 2009 -_, approving Sign Application 2009-1337, based on the findings and analysis included in the February 24, 2009 Planning Commission Staff Report for Sign Application 2009-1337, and subject to the following conditions: 1. Prior to issuance of the first sign permit, a final version of the sign program (text and graphics) shall be submitted to the Planning Department incorporating any amendments or Conditions of Approval by the Planning Commission. 5 SA 2009-1337 PC STAFF REPORT 2. Shops Building 1 shall have signs only on the designated locations shown on the exhibits. 3. No. 11 provision for the Shops Building 1 shall be changed to the following: "Tenants are allowed no more than 2 signs. End tenants shall be limited to a sign in the front and another on the opposite elevation or the side of the building as shown in the exhibit." 4. Shops Building 2 shall have signs on the East, West, and South building elevations as shown in the exhibits. No building sign shall be placed on the North building elevation. 5. No. 11 provision for the Shops Building 2 shall be changed to the following: "All tenants are allowed one sign on the south elevation. End tenants are allowed one additional sign on the east or west building elevation for a maximum total of two signs." 6. Major Building, Fresh & Easy shall be limited as proposed in Attachment 2. 7. Monument signs are not a part of this approval. The 100 square feet of monument sign area allotted for this location has been transferred to Major Building 1. Prepared by: nner Attachments: 1. Site Map 2. Sign Program 6 SA 2009-1337 PC STAFF REPORT z F LU ATTACHMENT# 1 "Li I ATTACHMENT # 2 1.. RI,it.� F=" Sign Program: The purpose of the Sign Program is to ensure: design, production, implementation, consistency, quality coordination, proportion, enhancement, image and compatibility between all signs within the Sign Program area. As such, the Sign Program is intended to address placement, color, style, sign material, and their consistency on the property. This program also serves to communicate particular tenant sign parameters to compliment the project as a whole, while achieving a unified, attractive balanced appearance. Although the Sign Program exhibits and narrative establish the letter and sign dimensions, the Sign Program is not intended to substitute Chapter 9.160. of the City of La Quints Zoning Ordinance. Applicability: A sign program is a coordinated sign plan for an individual building or a group of buildings. For those signs requiring a program, no permit shall be issued for an individual sign unless and until a Sign Program for the lot on which the sign will be erected has been submitted and approved by the City in conformance with the City of La Quinta Sign Ordinance. General Requirements, Standards and/or Provisions: All signs shall be constructed, installed and maintained in accordance with the following standards: All sign(s) shall: (1) Comply with the Sign Program, (2) Current local zoning, (3) Meet the provisions of the Uniform Building code, (4) Be maintained in good structural Condition, maintenance and appearance (5) and be U.L. Sign Contractor must have a C-45 or C-10license and call for final inspection upon completion. 2. The tenants sign contractor shall be responsible for obtaining any and all permits required. 3. Former tenant(s) shall be responsible for the removal of the signage, including but not limited to: (1) sealing, (2) patching, (3) painting, (4) Electrical "capping" and breaker "Shut-off". Signage removals to be completed within 10 calendar days of lease termination - at the tenant's expense. Removal of signage shall be done by a licensed contractor. Patching and painting work to be done by a licensed painter. Signage area to be left in a neat and clear appearance. 4. No audible, flashing, animated, moving, pulsating, electronic and/or search lighting or sign (s) not specifically mentioned herein shall be permitted. 5. It is the responsibility of the sign contractor in conjunction with the owner and/or the general contractor to verify all sign locations and/or field conditions, conduit and primary electrical locations and services, prior to installation of any sign(s). 6. Sign Contractor must have the following: (1) General Liability Insurance, (2) Workers Compensation, (3) Contracting license, (4) permit, and a (5) City Business License. Tenant(s) will be responsible for its sign contractor to indemnity, defend and hold harmless the Landlord and its agents from any damage or liability resulting from the contractor's work. Tenant will also provide adequate evidence of the sign contractor's insurance coverage, naming the landlord as additional insured. Penetrations of the building structure required by installafion(s) shall be neatly sealed in a "water tight" condition and painted to match exterior surface. 8. No live and/or simulated animals or humans may be used as a sign. 9. No sign (s) shall be permitted that pose a nuisance or hazard. 10. Roof sign (s) or projected sign (s) shall not be permitted. 11. Temporary identification signs such as: (1) construction, (2) developer, (3) seasonal promotions and/or (4) compliance non -illuminated advertising displays are permitted as per La Quinta City Code - upon permit. Some time restrictions may apply. 12. Sign (s) that project onto the public right-of-way shall not be permitted. 13. The tenant will be responsible for the maintenance of their sign(sj. Repairs must be addressed within 30 (thirty) days of needed repair/servicing. If not mitigated within 30 (thirty) days, the Landlord may repair and/or service the sign at the tenant's expense. -2- Specifications for Building Signs, Major, Fresh and Easy, M2, S4, S2 Sign Types 'Fresh Easy' to be 3/16" White Acrylic/plexiglas with 1" white trim -cap. Returns to be .040 Aluminum painted White. Letter backs to be .177 Clear Polycarbonate w/2nd surface green cast vinyl (3630-26). Illumination to be white "Gelcore Ultra" LED's. (Light Emitting Diode) "&" to same faces & trim -cap, but return color to be painted PMS 7496 as depicted on exhibits; Clock and Logo faces to be a 1 '/2" formed acrylic w/applied lime green cast vinyl (VT13474) and vivid green vinyl (3630-156) (Outer line dark) all clock hands, inner ring & Leaf border has black vinyl (1st surface) under vivid green vinyl. Trimcap to be 1" green painted PMS 7496. Letter returns to be .040 aluminum painted PMS 7496. Letter backs to be .177 clear polycarbonate w/2nd surface green cast vinyl (3630-26). Illumination to be White Gelcore Ultra LED's M2 dimension to be 7'-1" X 12"-3" (86.8 SQ. FT.) S2 dimension to be 4'-6" X 21' (94.5 SQ. FT.) S4 dimension to be 3' X 14' (42 SQ. FT.) 2. Background panel: panel face to be .125 aluminum painted PMS 7496 matte finish. Panel returns to be .090 aluminum painted PMS 7496. Illumination to be green excel LED System Hato around perimeter hidden in fabricated channel w/.177 clear Lexan cover. * See Isometric Visual (Exhibits) * See Illumination Visual (Exhibits) 3. M2 version to be "Stacked", S 1 & S4 to be single line version; 4. Total return to be 11 ''/2" from wall, with spacing; 5. Signage shown on depicted elevations. 6. See exhibits for material and location requirements. -3- Specifications for Building Signs, Minor, Shop Building 1 (Signage on all elevations) Signs shall be internally illuminated reverse/"Halo-Lit" channel letters; 2. Lettering to be "pinned" from wall 1 "-2" from wall. Letter return to vary 2"-4" ; Color Options: Black, Green to match awning color, Bronze; 3. Letter construction to be a minimum .040 aluminum painted in a Matt finish; 4. Illumination to be 4500 "soft" white or LED equal - of a "like" color; 5. Lettering type style shall be Garamond or equal; 6. Tenant signs shall include the business name only as registered on the lease agreement; 7. Lettering to be single or double line; 8. Sign square feet to be 36" X 14' (42 square feet) each sign; 9. Signage to stay within designated area as shown on elevations; Note: Tenant locations may vary up or down due to access. 10. See exhibits for material and location requirements; 11. Tenants may be allowed 2 signs on opposite elevations at same square feet noted on number #8 for shop buildings l; -4- Specifications for Building Signs, Minor, Pad 3, Shop Building 2 (Signage for South, East & West Elevations, no signage on North, Elevation) Signs shall be internally illuminated reverse channel letters; 2. Lettering to be "pinned" from wall 1 "-2" from wall. Letter return to vary 2"-4" ; Color Options: Black, Green to match awning color, Bronze; 3. Letter construction to be a minimum .040 aluminum painted in a Matt finish; 4. Illumination to be 4500 "soft" white or LED equal - of a 'like" color; 5. Lettering type style shall be Garamond or equal; 6. Tenant signs shall include the business name only as registered on the lease agreement; 7. Lettering to be single or double line; 8. Sign square feet to be 36" X 18' (54 square feet) each sign; Note: Due to visibility and PAD placement, Tenants on Back pad/Shop Building 2 will be allow additional square footage from the tenants on Shop building 1. 9. Signage to stay within designated area as shown on elevations; 10. See exhibits for material and location requirements; 11. Tenants may be allowed 2 signs on opposite elevations, at some square feet noted on number #8 for shop buildings 2; 5- Specifications for window signs (Secondary) 1. Allowed 2 per tenant on opposite elevations; 2. Not to exceed 18" x 18", name and includes hours of operation, as shown on exhibits; 3. Copy shall be machine cut vinyl lettering; 4. Lettering to be at least 1 " in height; 5. Lettering type to be consistent with building lettering; 6. Lettering to be face or reverse/second surface mount. If tinting prevails on a window, it is recommended that a face application process is used; 7. Lettering color to be white; Submittal Requirements: A sign application consistent with this program shall consist of the following: For each proposes sign application on the building, the following shall be specified or drawn to scale and dimensioned plans: A) A dimensioned location of each sign in the building and/or property. B) Sign dimensions including letter height, color, sign length and sign projection from the building. C) Color scheme. D) Type style or graphic style. E) Material being used. F) Method of installation/attachment/cross section. G) Site plan indicating the location of the occupant space on the site. H) Fabrication and installation details. Binding Effect: No sign shall be erected, constructed, installed, displayed, altered, placed or maintained except in conformance with this program. In case of any conflict between the provisions of this program and any other provisions of Chapter 9.160 of the City Zoning Ordinance, the City Zoning Ordinance shall prevail. SIN Approvals: The design and construction of the tenant's sr it 1� 1ge must rr, t-iv., written approval by the Landlord/Owner (and/or) the Management Company and the City of La Quinta before fabrication and installation. The owner's or manager's written approval shall be submitted to the City, along with a completed City application, approved plans, and fees. Owner's approval shall be based on the following: Conformity of the Sign Program established for the center inchoding fabrication and method of installation. 2. Complete information, i.e. contractor's name, company name, address, license number, and workers compensation number. To secure the owner's approval, three (3) copies of the design drawing of the signage must be submitted directly to the owner or Management Company. Final Inspection of Sign Installation: The installing sign contractor shall call the City for a final inspection after completion; 2. The Final Inspection Card must be maintained on file with the sign contractor and a copy sent to the Owner and/or Management Company; 3. Signs that deviate from this Sign Program will be removed at the tenant's expense. *Provisional Clause: This Sign Program is intended to address nearly all sign types while adhering to City sign codes and facilitating business operations. it is understood that a tenant could have sign needs that may not "fit" the Sign Program. With this understanding and in all fairness to (1) applicants, (2) landlord and (3) the La Quinta Community Development Department will reserve the right to review proposals on a "case by case" basis. 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GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (CR) ZONING: REGIONAL COMMERCIAL (CR) BACKGROUND: At its February 12, 2007 meeting, the Planning Commission approved the site design and architecture for Site Development Permit (SDP) 2006-874 for the Komar Desert Center, located south of Highway 111 at Depot Drive (Attachment 1). The graphic panels were proposed by the applicant for decorative purposes to fill in large blank spaces of the buildings. At the time of approval, the applicant was conditioned to bring forward all graphic panels for design and content review by the Architecture and Landscape Review Committee and approved by the Planning Commission (Attachment 2). The ALRC reviewed the graphic panels and proposed locations at the February 4, 2009 meeting. Komar Desert Center is comprised of multiple buildings (Attachment 3); tenants include Bevmo! (Pad H), Souplantation (Pad J), Mimis Cafe (Pad G), Costco Wholesale and other tenants within the multi -tenant buildings. SDP 2006-874 PC STAFF REPORT Komar Investments GRAPHIC PANELS.doc PROPOSAL: Graphic panels are proposed for installation on the South elevation of Buildings A (Attachment 3, 4, and 5) and South elevation of Building H (Attachment 3, 6, and 7). The original concept included placing graphic panels also on the West building elevations of Building E (Attachment 3, 8, and 9) and Building F (Attachment 3, 10, 11). Each graphic panel will be indirectly illuminated with two gooseneck light fixtures (Attachment 12) and measure 8' x 8' (64 square feet). The graphic panels will be a stretched vinyl material with the image of a desert plant digitally printed on the surface. The images labeled B1-B3 and B7-B9 (Attachment 13) are proposed for immediate installation as shown in Attachment 14; the rest of the images will be used to replace the graphic panels every two years or earlier if they appear faded or damaged. ANALYSIS: Building A and Building H Three graphic panels will be mounted on each of the South building elevations of Building A (facing the Costco Wholesale parking lot) and Building H (facing the Costco fuel station). One of Staff's primary concerns is the maintenance and replacement of the graphic panels because the South elevations of both buildings will be exposed to the sun most of the day. To date, there are no other shopping centers or locations within the City that include anything similar to the applicant's proposal. According to the applicant, each graphic panel should remain in good condition approximately two years. Building E and Building F The applicant is opting not to install any panels in these locations due to the limited space and visibility. As previously noted, when the Site Development Permit was approved for the project, the applicant was only conditioned to bring back the graphic panels for design and content review by the ALRC and approval by the Planning Commission; the specific locations were not a part of the Condition of Approval but were included in the Site Development Permit staff report. Omiting the including graphic panels on Building E and Building F would not have an impact on the appearance of the building since the uninterrupted areas of the buildings are not similar to the spaces of Building A and Building H. The West building elevation of Building E and Building F also include large trees or shrubs to break up the wall. Furthermore, when the buildings are fully leased, tenant identification signs will most likely be installed and the close proximity of the tenant signs, landscaping, and panels will create "visual clutter". a SDP 2006-874 PC STAFF REPORT Komar Investments GRAPHIC PANELS.doc ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC): The ALRC recommended approval of the graphic panels as proposed on the South building elevations of Building A and Building H and agreed that the locations of Building E and Building F were too compact for the panels. The ALRC was concerned about the long-term replacement and maintenance of the panels and concurred that it would not be a problem if the applicant decided in the future to permanently discontinue the use of the graphic panels. The applicant assured the Committee members that maintenance would not be a problem since there is an onsite property management office. RECOMMENDATION: Staff recommends adoption of a minute motion recommending to the Planning Commission approval of the graphic panels for Site Development Permit 2006-874, with the following recommendations: 1. The applicant shall contact the Planning Department if alternative images for the graphic panels not included in the submittal are considered for installation. If both parties cannot come to an agreement the alternative images shall be reviewed and approved by the Architecture and Landscape Review Committee before installation. 2. Graphic panels shall be installed on the South building elevations of Building A and Building H as shown on the exhibits and replaced every two years or earlier if they become faded or damaged. Transmitted by: & W t Yv n e ranco, Assistant Planner Attachments: 1. Vicinity Map 2. Copy of Condition of Approval No. 77 3. Site Plan of Komar Desert Center with current and former locations for panels 4. Photograph copy of graphic panel location for Building A 5. Copy of exhibit from the approved Sign Program for Building A 6. Photograph copy of graphic panel location for Building H 7. Copy of exhibit from the approved Sign Program for Building H 8. Photograph copy of graphic panel location for Building E 3 SDP 2006-874 PC STAFF REPORT Komar Investments GRAPHIC PANELS.doc 9. Copy of exhibit from the approved Sign Program for Building E 10. Photograph copy of graphic panel location for Building F 11. Copy from approved Sign Program for Building F 12. Photograph copy of gooseneck light fixtures 13. Graphic art panel images 14. Exhibits for placement locations 4 SDP 2006-874 PC STAFF REPORT Komar Investments GRAPHIC PANELS.doc ATTACHMENT # 1 ATTACHMENT # 2 PLANNING COMMISSION RESOLUTION 2007-008 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2006-874 — KOMAR DESERT CENTER FEBRUARY 13, 2007 72. SDP 2006-874 shall comply with all applicable conditions and/or mitigation measures for the following: Environmental Impact Report 2005-539 Specific Plan 2005-075 Parcel Map 33960 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. No development permits will be issued until compliance with these conditions has been achieved. 73. All trees shall be installed with a minimum of a 24 inch box size with a minimum two inch caliper; and medium shrubs shall be installed with a minimum five gallon size. 74. There shall be a five foot setback between sidewalks and any "spiky plants" as listed on the landscape plan. 75. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 76, All public agency letters received for this case are made part of the case file documents for plan i 77. The applicant shall bring all graphic panels back to the ALRC and Planning Commission or approval if it is determined that said graphic panels are not determined to be public art. The ALRC and Planning Commission shall determine if the final graphic proposal is compatible with J the building and site designs; no advertising or product representation will be allowed. 78. Building A shall be relocated 5 feet west of the location identified on the site plan dated 1/31/07 for a total setback of 10'6° from the easterly driveway. Additional landscaping consistent with the landscaping palette shall be provided in this area and included on the final landscaping plans. 79. Building E shall be relocated 4' 3" east of the location identified on the site plan dated 1/31/07 for a total setback of 15 feet from the main driveway. Additional landscaping consistent with the landscaping palette shall be provided in this area and included on the final landscaping plans. 80. The screen wall for the Building A loading area shall be extended an additional 20 feet south from the dimension identified on the site plan date 1/31/07, Landscaping shall be provided between said screen wall and the easterly drive consistent with the screen wall landscaping proposed immediately to the north. 81. The applicant shall provide a linear hedge for the following elevations: • East elevation of Building "E" • South elevation of Building "H" 82. The Gleditsia Tricanthos "Sunburst" trees and Gelsemium Sempervirens vines shall be deleted and replaced with low maintenance varieties appropriate for the local climate. 83. Material information and color samples proposed for all decorative surface treatments proposed at driveway entrances and walkways shall be reviewed and approved by the Community C.\Do,uments and 5ettingslbching\Local Settings\Temporary Internet F11es\0LK72\C0A 5DP 2006-87A doc 0 (z , —o J m � ' • G G x b I• � , oa yo ATTACHMENT # 3 —4� a z Z , J ..nm 6 rs rci , ,M;Cx pomp, I � millitillill, - 4,t, in 1 ATTACHMENT # 4 ATTACHMENT # 5 0 W W C. ---------- i I a E i ATTACHMENT # 6 0 cc IN `r' 9 ATTACHMENT # 7 `T r� to — w r 11 ATTACHMENT # 8 EY i;11a". 12 ATTACHMENT # 9 0 13 - w ATTACHMENT # 10 aj 14 ATTACHMENT # 11 a rI — —_—� 2 PO° cap u 15 W., IN W-1191; ILYA 'i iof; "t MAYS, j1V ITA M� If, 2 N Q GQ 18 M PC 19 �. c �.� � .,.� �n., � w��4" 1 � i � `�+' � � � v � �' �~+ �'� 7 tF .�. r J `�� i a V i f 'r"`1+ � � t �.�"` ar f:, v "�� `it �iG, �t P. �' a _.. «e � r 'il t 5,� � � �' � i�<r � 5 �_ � :. P r �.t �t � � � q zC . � Y � y t.. Y l+tl.`f. v �, VGA ,w .c r K 1� �; . .. :; R� •• �_ ^\... �� r. �� `,'i H CO a Cq 21 � \ /�� » Wit.«?� � *� < . �� 2 » �� a � DI #A Taf 4 rwQ MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Director DATE: February 24, 2009 RE: Joint Meeting Discussion Topics The purpose of this item is to provide discussion topics for the Joint Meeting Review Committee on March 10, 2009. the Commission with a list of possible with the Architecture and Landscaping The following topics were suggested by the Architecture and Landscaping Committee members at their meeting of February 4, 2009. • Discussion on limited use of water as an architectural element in projects • Use of Green building and other conservation techniques • Expansion of ALRC review responsibilities P:\Reports - PC\2009\2-24-09\Discussion Items for Jt Mtg.doc