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2009 04 28 PCo4�To City of La Quinta Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org w of T4 9 PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California APRIL 28, 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 2009-014 Beginning Minute Motion 2009-006 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of April 14, 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 .................. CONTINUED SIGN PROGRAM 2006-1078, AMENDMENT NO. 1 Applicant........... Highland Development Sign Company Location............ North Side of Highway 1 1 1, Approximately 1,000 Feet East of Dune Palms Road Request ............. Consideration of a Proposed Sign Program Amendment to Add an Additional Freestanding Monument Sign for the Dunes Business Park. Action ............... Minute Motion 2009- B. Item .................. CONTINUED SITE DEVELOPMENT PERMIT 2008-905 AND CONDITIONAL USE PERMIT 2008-112 Applicant........... Leslie Lippich Architect and Associates, Inc. for Yury Levitan Location............ East Side of Washington Street, Approximately 780± Feet North of Fred Waring Drive. Request ............. Consideration of Architectural and Landscaping Plans for a 4,924 Square Foot Express (Self -Service) Car Wash. Action ............... Resolution 2009- , and Resolution 2009- C. Item .................. SIGN PROGRAM 2006-1034, AMENDMENT NO. 1 Applicant........... Komar Investments, LLC Location............ South of Highway 111 At Depot Drive Request ............. Consideration of a Sign Program Amendment to Install Two Directional Signs Within Komar Desert Center at Depot Drive. Action ............... Minute Motion 2009- . VI. BUSINESS ITEM: Vll. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of April 21, 2009, from Commissioner Barrows. B. Commissioner Quill is scheduled to attend the May 5, 2009, City Council meeting. IX. DIRECTOR ITEMS: A. General Plan Update Request for Proposals X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on May 12, 2009, 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, April 28, 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, April 24, 2009. DATED: April 24, 2009 /A CAROL hN 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 April 14, 2009 CALL TO ORDER 7:03 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who asked Commissioner Weber to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson, C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Principal Planner Stan Sawa, Assistant Planner Eric Ceja, and Secretary Monika Radeva. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of the Planning Commission Meeting of March 24, 2009. There being no changes, or corrections, it was moved and seconded by Commissioners Wilkinson/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Continued Sign Program 2006-1078 Amendment No. 1; a request by Highland Development Sign Company for consideration of a proposed sign program amendment to add an additional freestanding monument sign for the Dunes Business Park located on the north side of Highway 111, approximately 1,000 feet east of Dune Palms Road. PAReports- PC\2009\4-28-09\PC MIN_4-14-09_Draft.doc Planning Commission Minutes April 14, 2009 Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson noted this was the second continuation for this item, and said staff would like to reschedule it to the April 28, 2009 meeting to allow additional time to address all of their concerns. Chairman Alderson asked if there were any comments from the public. There were no comments from the public, and he then closed the public hearing portion of the meeting. There being no further discussion from the Commissioners, it was moved and seconded by Commissioners Barrows/Wilkinson to continue Sign Application 2006-1078, Amendment No. 1 to the Planning Commission meeting of April 28, 2009. Unanimously approved. B. Site Development Permit 2008-905 and Conditional Use Permit 2008- 112; a request by Leslie Lippich Architect and Associates for Yury Levitan for consideration of architectural and landscaping plans for a 4,924 square foot express (self-service) car wash to be located on the east side of Washington Street, approximately ±780 feet north of Fred Waring Drive. Chairman Alderson 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. Principal Planner Sawa said staff had received an e-mail from Mr. Marvin Roos, Director of Design Development with MSA Consulting, representing the Robert Capri Corporation expressing concerns regarding the proposed requirement for a deceleration lane for the car wash entry located on Washington Street. Mr. Roos noted in his e-mail there was no professional traffic analysis indicating the need for a deceleration lane; nor would the car wash generate the amount of trips per peak hour that would trigger the threshold identified by the City to require a deceleration lane. Mr. Roos stated his concern was that the condition, as written, would create an off -set curb condition for the adjacent Mayer Villa Capri project at the northern driveway and the off -sets could be confusing and possibly dangerous to motorists. Mr. Roos proposed the condition state the driveway curbs not be off- P::Ropnrts PC12009`.4-28 09A�C WIN 4 14 09 Draft.doc 2 Planning Commission Minutes April 14, 2009 set and the deceleration lane start northerly of the Mayer Villa Capri approved entry on Washington Street. Mr. Roos noted a second concern in his e-mail pointing out that the landscaping plans submitted for the car wash did not indicate any ground cover for the area between the car wash and the property line. He said he hoped that area would be covered with decomposed granite and rockscape as shown elsewhere on the landscaping plans. Chairman Alderson asked if there were any questions of staff. Commissioner Weber asked if the hours of operation for the car wash were specified in the Code. Staff replied they were not and that the closing time was indicated by the applicant. Commissioner Weber asked if there were any requirements to prepare a noise study. Staff replied there were not. Commissioner Weber asked if the applicant was in agreement with the condition to install some type of a sound barrier wall to help deflect the noise from the tunnel. Principal Planner Sawa indicated it was his understanding that the applicant was in support of the condition. Chairman Alderson asked Principal Engineer Ed Wimmer to explain the issue concerning the deceleration lane as expressed by Mr. Roos in his e-mail. Principal Engineer Wimmer explained deceleration lanes were usually required on major arterial streets, however, if an applicant demonstrated that less than fifty vehicles per hour would be generated in the peak hour, then a deceleration lane would not be required. He said this project was exempt from CEQA requirements and therefore, did not require a traffic study. Public Works had conducted an in- house analysis in regards to the IT trip generation rate for similar type projects and it had identified that the trips generated would be in the area of forty-five vehicles per hour in the peak hour, which would not be enough to require a deceleration lane. However, in this case, the applicant offered to put the deceleration lane in front of his property. The proposed deceleration lane at 116 feet would not qualify for a complete design for a deceleration lane, but it would provide an opportunity for the traffic wanting to turn into the car wash to move into the lane and allow the faster moving traffic through on the outer lane on Washington Street. Principal Engineer said staff did not share the concern expressed by Mr. Roos and felt that the proposed deceleration lane would be a benefit to Washington Street and would help move traffic along. P:.Rnports PCA2009A 28 09`PC WIN 1 14 09 Dmft.doo 3 Planning Commission Minutes April 14, 2009 Commissioner Weber asked what the speed limit was for that location on Washington Street. Principal Engineer Wimmer replied the posted speed limit was fifty mph. Commissioner Weber pointed out other partial deceleration lanes already in existence near the project. Staff explained the benefits and connectivity between the partial deceleration lane for the car wash and the adjacent La Quinta Business Center. Commissioner Weber asked if the applicant would be submitting final landscaping plans as the ones currently submitted were marked as drafts. Principal Planner Sawa replied the applicant would be submitting final landscaping plans for approval, based on the Commission's decision and direction. Chairman Alderson asked to clarify that the applicant would address the landscaping for the area between the car wash and the property line in the final landscaping plans. Staff confirmed. Commissioner Quill commented that if the car wash site plan was submitted as a mirror image of itself, the parking area would be facing the Mayer Villa Capri parking lots. That would allow for connectivity between the two projects and would eliminate the necessity for two driveways that were only 150 feet apart from each other, as one access point could be used for both projects. He noted the deceleration lane, if the same access point is used, would have to be extended over the Mayer site as well. Commissioner Quill asked staff why flipping the site plan was not considered in the preliminary review of the project especially in terms of sustainability, preservation, and keeping vehicles off the main arterial for trip reduction. Planning Director Johnson said there was a lot of discussion about having the car wash design flipped and he noted the original proposal by the applicant did have the building flipped. He explained the driveway into the car wash in the original plans was not shared; however, it was adjacent to the one for the Mayer Villa Capri site. Staff had extensively discussed the issue of connectivity between the two projects and the Mayer Corporation was not in support of it because of concerns regarding potential access logistics, traffic flow, and the stacking of vehicles for the car wash creating a problem for the Mayer Villa Capri site and the site design to the south. He noted P:�Reports PC`2009'14 28 091PC VIN 4 14 09 Drn R.dor, 4 Planning Commission Minutes April 14, 2009 the issue had been discussed at length as staff shared the same interest and concern expressed by Commissioner Quill, however, both parties were not supportive of having the connectivity between the two projects. General discussion followed regarding what the potential issues would have been if there was a shared driveway for both projects. Commissioner Wilkinson asked about the length of the drive area from the access point on Washington Street to the car wash pay station and approximately how many cars would be accommodated in the three lanes. Staff replied approximately twenty vehicles, but that the applicant would be able to better answer those questions. Chairman Alderson asked about the height of the wall and if the applicant was supportive of it. Staff responded the recommended height was six feet and that the applicant would comply with the condition. Chairman Alderson inquired if the recommendations made by the ALRC regarding the building color palette and types of palm trees used had been incorporated into the submitted plans. Staff replied the recommendations were not addressed in the plans, but were made part of the conditions of approval. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Robert Palmer, Leslie Lippich Architect and Associates, Inc., 4766 Park Granada, Calabasas, CA 91302, introduced himself and offered to answer any questions the Commission might have. Commissioner Quill inquired how the polycarbonate clear roof material of the car wash would be made to look like copper. Mr. Palmer replied the polycarbonate material was available in different colors and the architect chose to use the bronze, or copper -like, color because the car wash would be in the southwest and it would blend better with its surroundings. He explained the material was chosen because it was light, cost effective, and allowed sunlight to get through to the car wash tunnel during the day eliminating the need to have lights on. Commissioner Quill asked about the design of the vacuum cleaners. Mr. Palmer explained the vacuum cleaners would look like hoses P:AReports PCA20091ri-28 09VPC MIN 4 14 09 Dmft.doc 5 Planning Commission Minutes April 14, 2009 running across a canopy and dropping down, similar to full service car wash vacuum cleaners. Commissioner Quill said the canopy was not identified on the site plans. Chairman Alderson concurred. Mr. Palmer replied the canopy was not identified because it was subject to a different permit. Planning Director Johnson stated the applicant had never mentioned to staff that there would be a canopy. Commissioner Quill noted the Commission was being asked to approve the plans without knowing what the canopy would look like, even though it was an architectural design feature of the car wash. Commissioner Quill asked about the trash receptacles and what measures would be taken to ensure that they get emptied out on a regular basis. He was also concerned about the applicant making sure the parking lot would be consistently swept and kept clean. Yury Levitan, Owner of the Express Car Wash, 11501 Donna Evita Drive, Studio City, CA 91604, introduced himself and addressed Commissioner Quill's previous question regarding the vacuum cleaning equipment. He said they would be using Vacuum Tech, a company which specialized in custom design of central vacuum systems and explained where the equipment would be located and how it would work. Mr. Levitan said there would always be at least two employees present at all times at the car wash and they would be in charge of maintenance and monitoring cleanliness of the site. Further, the volume of business would determine the appropriate manpower necessary to maintain the car wash. Commissioner Quill asked if the car wash was fully automated. Mr. Levitan replied the car wash would be fully automated. He said payment would be rendered through computers located at each of the three lanes as the cars entered the car wash and explained the process. Commissioner Quill asked about the aesthetic design of the trash receptacles and if there would be one at every parking space. Mr. Levitan replied the design had not yet been determined and there would be trash receptacles at every parking space. P::Ra;ports K, 2009A 28 09�PC MIN 4 14 09 Draft_doc 6 Planning Commission Minutes April 14, 2009 Commissioner Quill asked where the vending machines would be located. Mr. Levitan noted the vending machines would be located in the building niches. Commissioner Quill asked about the type of material that would be used for the parking lot. Mr. Levitan said, due to the high temperatures in the desert area, it would most likely to be concrete instead of asphalt. Commissioner Quill asked, and the applicant confirmed that he would not object if the Commission conditioned him to use concrete. Commissioner Quill asked for details on the site lighting. Staff replied a requirement for additional design information on the lighting was included in the conditions of approval. Mr. Levitan said the lighting plans had not been completed, but sufficient lighting would be provided to allow for the car wash to operate at night. Commissioner Quill inquired about the hours of operation for the car wash. Mr. Levitan said the car wash would be open from 6:00 a.m. until 10:00 p.m., but if business was very slow, it would trigger an earlier closing time. Commissioner Quill asked if there would be employees present at the car wash during all hours of operation. Mr. Levitan replied there would. Commissioner Quill inquired about the close -down process and what it would involve. Mr. Levitan explained all outside equipment would be put away in the mechanical room, the gates to the tunnel would be closed, and the site would be secured with an alarm system. Commissioner Quill asked if there maintenance. Mr. Levitan replied done two to three times a day. would be end -of -day parking lot parking lot maintenance would be Chairman Alderson asked if the two car wash employees would be the ones designated for the maintenance of the car wash. Mr. Levitan said the two employees would be in charge of maintenance, but if volume was high and more manpower was needed, more employees would work the site. Commissioner Quill asked if the water would be recycled and what would be the recycling process. Mr. Levitan explained the water recycling process. P:ARt;poris PC'2009Aa 28 09TC WN 4 14 09 Draf[Aoc 7 Planning Commission Minutes April 14, 2009 Commissioner Quill asked approximately how much water would be used to operate the car wash. Mr. Levitan gave an example of the car wash in Palm Desert and stated the water bill for that operation was from $300 to $400 per month. His estimate for the La Quinta car wash would be between $400 and $500 per month. Commissioner Quill asked who would be in charge of maintaining the landscaping. Mr. Levitan replied a landscaping company would be put in charge on a weekly basis. Commissioner Wilkinson inquired about the warranty for the polycarbonate roof material. Mr. Palmer replied the warranty was at least 10 years, possibly more. Commissioner Wilkinson asked about heat generation within the car wash tunnel, considering the translucent roof material would allow a substantial amount of heat to build up in the tunnel. Mr. Palmer asked for the elevation plans to be displayed. He explained the top of the car wash tunnel at the front, and rear elevations, would be open for ventilation, as well as the tunnel doors being open during operating hours. Commissioner Wilkinson expressed concern regarding the durability of the roof material. He also concurred with Commissioner Quill's comments regarding not having any information on the color palette, shade structure, lighting, trash receptacles, etc. Commissioner Barrows asked if the proposed polycarbonate roof material had been used in other places with similar weather conditions. Mr. Palmer replied the same roof material was used for a similar car wash in Las Vegas. He said the main reason the material was preferred to other materials was because it was light and translucent. He explained there was no roof equipment and it was a self supporting structure. Commissioner Weber echoed the concerns regarding the roof material expressed by his fellow Commissioners in terms of durability, discoloration, and heat generation. He said the applicant should try to provide an example of where the material was used successfully. Mr. Palmer noted the polycarbonate material was generally used for green houses and therefore it would be able to sustain the heat. He explained there wouldn't be high levels of heat generated in the car wash tunnel because in addition to the roof and door openings on both P..Reprts PC,20094 26 09�PC WN 4 14 09 Draft_doc 8 Planning Commission Minutes April 14, 2009 ends of the tunnel, the entire car wash process required the use of water which would further reduce the heat levels. Mr. Palmer said the car wash tunnel was only for the car wash operations, the on -site office and restrooms were located to the side of the car wash building and were not under the polycarbonate roof material. Commissioner Weber clarified that his concern was not in terms of generating heat inside the car wash tunnel, but rather whether or not the polycarbonate material was durable enough to sustain the high temperatures of the desert. Mr. Palmer noted that was why he mentioned that this type of material was generally used for green houses. Commissioner Weber asked for the applicant's comments on the deceleration lane and expressed his concern regarding traffic safety and possible future liability for the City of La Quinta. Mr. John Hacker, Civil Engineer, 77810 Las Montanas Road, Palm Desert, CA 92260, introduced himself as part of the applicant's design team and provided his expertise on the traffic analysis for the car wash. He said, based on the estimated trips generated and the car wash design, there should be no backing up of traffic and no need for a deceleration lane. Mr. Hacker addressed the Commission's concern regarding the maintenance of the car wash. He said staff requires the applicant to submit a report for Best Management Practices (BMP) which identifies in detail how the applicant is to maintain the site. A newer trend is to also require the applicant to sign the report committing him/her to perform by the identified BMPs. Commissioner Weber asked for comments about the reverse design of the car wash. Mr. Hacker replied the original plans for the car wash were reversed, but the Robert Mayer Corporation was not in favor of that design. He noted Mr. Levitan did not object to having the car wash designed either way. When the applicant was asked by staff to flip the design and re -submit the site plans, he agreed. Chairman Alderson asked Mr. Hacker if he was the Civil Engineer for the car wash project. Mr. Hacker said he was. Chairman Alderson inquired about the symbols on the grading plan indicating the grease and sand traps. Mr. Hacker explained those were part of the P: Reports PCA2009l4 28&09`PC MIN 4 14 09 Draf�Alw 9 Planning Commission Minutes April 14, 2009 architectural design and he was not involved in that part of the project. He said he would provide an underground storm trap to channel the water. Chairman Alderson commented the grading plans did not have sufficient information indicating the flow of the storm drain water. Mr. Hacker said the water in the submitted design was being channeled to the underground storm pipes and a minor amount of water was directed to a small catch basin at the entrance. Mr. Hacker explained the works of the underground water receptacles and the catch basin and noted the design could be modified during the final grading. Chairman Alderson expressed concern that there was only one catch basin and, if it were to plug up, the water would not have a second place to drain. Mr. Hacker replied there was a second catch basin above the receptacles. He said additional catch basins could be easily installed. Chairman Alderson asked if there was any public comment. Ms. Terry Forward, Coldwell Banker Commercial, introduced herself as a representative of the owner of the La Quinta Business Center, 43- 576 Washington Street, La Quinta, CA 92253, located to the north of the proposed car wash, and asked for an explanation as to whether or not there would be some type of sound barrier protection to ensure there would be no nuisance noise for those tenants. Principal Planner Sawa replied there were no walls proposed along the north property line, only landscaping. Ms. Forward inquired about the type of landscaping. Staff said the plans identified alternating citrus and palm trees along the north border. Ms. Forward asked if there could be possible accommodation for a different type of landscaping or a sound wall barrier. Staff replied the Planning Commission had the authority to impose such a requirement on the applicant if it was determined to be necessary. Commissioner Quill asked if staff had required the applicant to submit acoustic information on the car wash equipment and operation. Planning Director Johnson replied acoustics were not requested. He explained staff had identified the need for a wall along the eastern property boundaries because of the new school to the east; however, staff did not define a requirement for walls along the north and south property lines. P:'.fteports PC\2009A4 28 09�PC MIN 4 14 09 Draf" doc 10 Planning Commission Minutes April 14, 2009 Commissioner Quill asked if staff had asked the applicant to submit some type of a decibel (DB) analysis on their operation and if there was an established threshold. Staff replied the Code identified a standard DB level, but based on the proposed operation, staff had no reason to believe that it would exceed the City's established standard requirements. Staff did not require the applicant to conduct any type of noise analysis. Chairman Alderson asked Ms. Forward if the answer provided by staff was sufficient or if she insisted on further consideration for acoustic protection. Ms. Forward noted her client would not be in favor of reversing the site plans as it would put the car wash building closer to the La Quinta Business Center structure. Mr. Marvin Roos, MSA Consulting, 34200 Bob Hope Drive, Rancho Mirage, CA 92270, representing the Robert Mayer Corporation, introduced himself. Mr. Roos said he had reviewed the car wash site plans when the design was reversed and noted the plans identified a separate access for the car wash from Washington Street. He said there was never any intent to have a joint driveway for both projects. He explained the way the building and parking lot were laid out, there would not have been sufficient space to make the connection between the two projects and there were concerns that it might block up the Mayer Villa Capri project's service drive. He noted he was surprised to see the design reversed as his impression was the original design was to remain without the connectivity. He said the Robert Mayer Corporation is in support of the car wash project. Mr. Roos said there was an issue with the location of the trash enclosure which had been addressed. Mr. Roos explained his client's concerns in having the deceleration lane and demonstrated the traffic movement on the site plan. Mr. Roos said the only concern his client had was that the submitted landscaping plans did not indicate any ground cover for the area between the car wash and the property line. He stated he was not sure if the plans were simply hard to read or if the applicant had in fact planned to cover the area with the same decomposed granite and rockscape shown elsewhere on the landscaping plans, but he just wanted to address the issue. Mr. Roos said he was available to answer any questions the Commission might have. P:.Reports PC%.2009`:a-28 09`?C MIN 4 14 09 Dmft.dw 11 Planning Commission Minutes April 14, 2009 Commissioner Quill said he could tell the connectivity issue had been previously discussed in detail, but he did not get the impression that there was adamant opposition from both parties to flip the car wash design and come up with some type of connectivity between the two projects as well as a shared, wider driveway as opposed to two separate driveways. He noted he could tell both applicants were not in favor of the idea, but it seemed like the issue was still open for discussion. Mr. Roos replied he could not say whether or not the Robert Mayer Corporation would be willing to discuss the issue as he needed to confer with them first. Mr. Roos explained why a shared driveway might be a major issue for the Mayer Villa Capri site and what possible repercussions it might have to the deceleration lane. He emphasized the fact that the car wash site plan posed constraints to having the connectivity between the two projects. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber said, based on the comments provided, additional work could be done to make the project better. He said he appreciated the ALRC comments about the use of more vibrant colors and additional planting. He noted he had inspected the site based on the concern expressed in an e-mail by a resident from a development located on Washington Street (across from the car wash.) He found that, based on her location, there would be no noise issues for her. He found the overall design of the car wash to be very nice. He liked the lay out and the trellises very much. He commented it would be optimal to incorporate a shared driveway with the Mayer Villa Capri project. If the design remained as currently submitted, he thought the deceleration lane to be appropriate and he looked forward to seeing more detailed landscaping plans. Commissioner Barrows did not have any additional questions or comments. Commissioner Wilkinson said he concurred with Commissioner Weber's assessment that the noise from the car wash on the south end would not be an issue for the nearby residential developments. He said he would prefer to see the design of the car wash flipped, which he thought would also be better for the commercial building located to the north of the project. He expressed a concern about the use of polycarbonate roof material as he questioned its durability. He P R,;perts PG2009 4 2E 09'•PC MIN 4 14 09_ Droftdx 12 Planning Commission Minutes April 14, 2009 said he would like to know what the design of the shade structure was as well as some type of lighting information. He said additional information needed to be submitted by the applicant. Commissioner Quill said he concurred with his fellow Commissioners. He said he would like to see what the trash receptacles would look like, how many would be there, and where they would be placed within the site. He stated he would like to see the design of the vacuum trellis system. He would like to see some shaded parking provided by the vacuum system area, preferably having half of the parking lot as a shaded structure. He pointed out there was no sign information provided. He said he would like to see the architectural design of the pay stations. He expressed concerns regarding acoustics generated by the vacuum cleaners and would like to see additional information provided. Commissioner Quill would like the applicant to submit lighting details on the site as none were provided. He stated he would not be in favor of the project without any connectivity between the car wash and the Mayer Villa Capri site. Chairman Alderson said he agreed with most of the previous comments made by the Commissioners. He stated he would like to see detailed information on the trellises and the acoustics addressed. He noted he found the project to be well designed and beneficial to the City. He said it would have been beneficial to have the architect present to provide detailed answers to the Commission's questions. Chairman Alderson noted he did not concur with his fellow Commissioners that there was a need for a common driveway because the service traffic for the Mayer Villa Capri site would interfere with the commercial traffic for the car wash, possibly creating confusion and a dangerous situation. He found the two separate driveways to be more beneficial and a far better layout. He noted the applicant and staff had spent a lot of time and effort trying to figure out a way to create connectivity between the two projects only to find out that it would not be very practical to do so. He said flipping the site design would cause concern for the La Quinta Business Center owner because it would place the building adjacent to that office center. Chairman Alderson said he did not want to lose this project, but the applicant needed to provide additional information before the Commissioners could objectively cast their votes. He emphasized the need for specific information such as the quantity of water that would be used (not the dollar amount of the water bill.) He said he visited Mr. Levitan's car wash operation in the City of Palm Desert and P .Repots PC�2009 4 28 09;PC MIN 4 14 09 Draft.doY, 13 Planning Commission Minutes April 14, 2009 complimented him for running a well maintained car wash business. Commissioner Weber suggested they continue the project to the next Planning Commission meeting to give the applicant a chance to provide the additional information requested. Commissioner Quill noted that two weeks might not be sufficient time for the applicant to address all of the issues raised. He asked staff if the project needed to be continued to a specific date. Staff replied it did not have to be date specific, but it was preferable. Planning Director Johnson asked to clarify the items the Commission would like to be addressed and suggested the following: ■ Detailed information on the roof material. ■ Trash receptacles design, spacing, and location. • Pay station design. ■ Vacuum trellis detail. ■ Noise decibel allowance for the car dryers, not a full noise study, but an independent analysis that would provide identification of the impact at the property line. • Site lighting detail identifying the type of fixtures to be used and the throw pattern. ■ Identify the approximate quantity of water to be used. Planning director Johnson said the Commission made comments on having a shared drive, reversing the plans, and possible connectivity between the two projects. There were comments made for and against these items and he asked the Commission to give staff clear direction on how to address those issues. Commissioner Quill stated he was adamant about having the connectivity and the shared driveway issues addressed. He said he would like to see the Best Management Practices (BMPs) included in the conditions of approval which would give the City the right to enforce proper maintenance of the site, if necessary, in the future. Assistant City Attorney Michael Houston explained that enforcing proper maintenance in the future through BMPs may be difficult because the property rights lie with the conditional use permit (CUP) and it vests once operation begins. He said if the Commission had specific concerns along the lines of enforcement that those be clearly stated allowing enforcement to be managed. P:1Reports PC.2009:4 28 09VPC MIN_ 4 14 09 Drsf"Aon 14 Planning Commission Minutes April 14, 2009 Commissioner Barrows said, in addition to the amount of water being used, she would like more information on the recycling system indicating how much water would be saved, and details on the water efficiency of the entire operation. Assistant City Attorney Houston said when an item was continued procedurally, it needed to be continued to a date specific time. If the Commission did not want to continue the item to a date specific time, the item should be tabled, which would indicate that it was indefinitely postponed. He noted staff would prefer the item be continued to a date specific time and if additional time was needed the item could be continued again. Commissioner Quill asked staff what would be a reasonable amount of time to allow the applicant to address all issues. Planning Director Johnson replied four weeks would be reasonable. Chairman Alderson re -opened the public hearing portion of the meeting. Chairman Alderson asked the applicant how much time would be needed to provide the information requested. Mr. Levitan asked if the conditional use permit could be approved by conditioning the applicant to provide the requested information subsequently. He expressed his concern that additional specialists would have to be hired to provide such detailed information, without having an approved project. Chairman Alderson replied the Commission would like to give Mr. Levitan an opportunity to provide the necessary information, but could not be responsible for the costs incurred during that process. Mr. Bob Reordan, Real Estate Broker with R.G. Reordan, Inc., 60217 Wishbone Court, La Quinta, CA 92253, introduced himself and thanked the Commission for their willingness to work with the applicant. He explained that timing was of the essence with regards to the close of escrow. He asked the Commission to continue the item for only two weeks, until the next Planning Commission meeting scheduled for April 28, 2009, which would give the applicant the opportunity to meet the escrow deadline. Mr. Reordan pointed out the applicant had originally submitted the plans with the reverse design and had changed at the request of City staff and comments from the Robert Mayer Corporation. P,�Reports PC'.20M14 2B 09TC MIN-4 14 09 Drih,dnc 15 Planning Commission Minutes April 14, 2009 Chairman Alderson consulted with staff regarding having the meeting continued to the next Planning Commission meeting. Planning Director Johnson replied as long as the applicant could provide the requested information staff would work with them to meet the deadline. If more time was needed, that could be addressed at the next meeting. Planning Director Johnson wanted to clarify that the Robert Mayer Corporation was not involved in the recommendation to flip the plans for the car wash and that it was strictly staff's direction. He explained staff felt this design was more advantageous once it was determined there was not going to be an access on the south. There was no further discussion and it was moved and seconded by Commissioners Weber/Barrows to continue Site Development Permit 2008-905 and Conditional Use Permit 2008-112 to the next Planning Commission meeting on April 28, 2009. Unanimously approved. C. Sign Application 2003-682 Amendment No. 1; a request by Washington 1 1 1, Ltd. for consideration of a proposed sign program amendment to include revised monument signs and under -canopy blade signs for their retail center located south of Highway 111 between Washington Street and Adams Street. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. 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. Bill Sanchez, Project Manager, representing the developer, Washington 1 1 1, 78365 Highway 1 1 1, La Quinta, CA 92253, introduced himself and said the sign program amendment was aimed at freshening up the shopping center and trying to bring awareness and directional signage for the existing tenants who had expressed concerns. He explained the developer had requested the two additional monument signs to be placed along Washington Street because oftentimes when giving directions to businesses located PrReports PC%.2009':4 28 09`PC MIN 4 14 09 Drah.dor, 16 Planning Commission Minutes April 14, 2009 within the shopping center, some of the brand name tenants had to be used instead of the name of the center itself. Mr. Sanchez submitted revised sign designs based on staff's recommendations and explained the difference in size, in terms of width and height, where they would be located, and how they relate to the geometrical shape of the shopping center. He said he was available to answer any questions the Commission might have. Commissioner Wilkinson asked if staff had had the opportunity to review the sign revisions. Staff replied the revisions had been reviewed earlier in the afternoon. Planning Director Johnson said the staff report provided a comparative analysis and identified the scale of the signs to be consistent with other existing signs in the area. He noted the revised plans still exceeded what had been recommended, but the dimensions were reasonably scaled back and were much more in line. He indicated staff's original recommendation would remain. He explained staff's concern in changing the recommendation was because it would raise the bar from what had been historically addressed with other projects along Highway 1 1 1. He pointed to the fact that Washington Park was a very large shopping center with many major tenants involved and still a lot of land to be developed. Staff felt it would be best to leave the decision up to the Commission's discretion and follow their direction. Commissioner Wilkinson asked about the dimensional differences between staff's recommendations and the revised proposal in terms of height and width. Staff replied the comparison was done based on gign face area and not by height and width. Staff presented graphics of similar existing signs and explained the difference in dimensions and the implication of the City's sign code which excluded the structural elements of the sign design and focused on sign face area. Commissioner Quill expressed his concern that if the Commission allowed one applicant to exceed the sign dimensions identified in the Code that might invite other project owners to demand the same. He said he did, however, realize the importance of providing signage for the tenants in the current hard economic conditions. Commissioner Barrows did not have any additional questions, but she indicated she had the same concerns as those expressed by Commissioner Quill. P:':Roports PC'2009%4 28 09'PC VIN 4 14-09 Dtnfi.Cioo 17 Planning Commission Minutes April 14, 2009 Commissioner Weber thanked the applicant for doing the extra work and providing the Commission with a revised set of sign designs that was more in line with staff's recommendation. Commissioner Quill concurred with Commissioner Weber's comment. Commissioner Weber commented that the revised signs used a substantial amount of the sign area in identifying the name of the shopping center (Washington Park). He inquired about the need to advertise the Washington Park brand. Mr. Sanchez replied that due to the current economic hardship, a lot of the tenants, in an effort to generate more business, are advertising the location of their businesses in Washington Park, in the local venues. The owner of the shopping center was being supportive of that and wanted to help establish the brand recognition of where Washington Park Shopping Center was located. Commissioner Weber noted he concurred with his fellow Commissioners' concern to approve signs that exceeded the sign code guidelines. Chairman Alderson thanked Mr. Sanchez for submitting the revised sign designs. Mr. Sanchez asked the Commission to consider section 9.160.090 of the sign code, referenced on page 5 of the staff report, which allowed adjustments and additions to the Sign Program "to overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location," or "due to an unusual lot shape, the street frontage is excessively narrow in proportion to the average width of the lot. " Commissioner Barrows said the proposed Al and A2 signs were within staff's recommendation as they only exceeded the sign area by five feet. However, she pointed out that the proposed B1 sign along Washington Street, exceeded staff's recommendation of sign area by fifteen feet. She suggested the Commission move to approve the Al and A2 signs as proposed in the revisions and ask the applicant to follow staff's recommendations for the B1 sign. Chairman Alderson provided opportunity for Mr. Sanchez to respond to Commissioner Barrow's comments. Mr. Sanchez replied the overall mass of the monument sign was not an issue and he could comply with the recommended sixty five feet of sign area by only reducing the signs and keeping the overall design of the monument sign. P .Ropons PCl200944-28 09A°C MIN 4 14 09 Drnft-don 18 Planning Commission Minutes April 14, 2009 There being no further questions, or public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to approve Minute Motion 2009-005 recommending approval of Sign Application 2003-682, Amendment No. 1, accepting the proposed revised Al and A2 signs, and having the applicant comply with staff's recommendation to reduce the signage area for the B1 sign to sixty-five feet. Unanimously approved. D. Zoning Ordinance Amendment 2009-097; a request by staff for consideration of the following amendments to the La Quinta Municipal Code: 1. To restrict the placement of permitted temporary signs within the public right-of-way (9.160.60); 2. To reduce the maximum time period for permitted temporary signs from sixty (60) days to forty-five (45) (9.160.60); 3. To eliminate sign size restrictions for exempt directional and informational signs for public, quasi -public, and non- profits (9.160.020); 4. To revise Table 9-17 to change maximum sign size and height restrictions for exempt signs (9.160.020) Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no questions of the staff, Chairman Alderson opened the public hearing and asked if there was any public comment. There being no questions, or public comment, Chairman Alderson closed the public participation hearing and opened the matter for Commission discussion. Chairman Alderson asked staff to clarify that the Commission was to review the proposed changes, provide feedback and comments, and recommend approval to City Council. P-Acports PCt2009'4 28 09'PC MIN 4 14 09 Drafisloc 19 Planning Commission Minutes April 14, 2009 Planning Director Johnson explained there were multiple study sessions that led up to the proposed changes. There was a lot of general discussion between the Council members, but no clear, definitive direction was given. Staff followed Council's general comments to bring this information together and the document was open for the Commission's review, comments and recommendations. Chairman Alderson asked if the document provided by staff had Council's input in it. Planning Director Johnson replied it did have Council's input; however, it consisted of comments during the study session discussions. Commissioner Weber said he was pleased to see that staff was working on code revisions, he thought such updates were necessary, and contributed to the clean and overall appropriate appearance of the City of La Quinta and the standards the City would like to maintain. Chairman Alderson commented that signage was one of the most inexpensive and effective ways to obtain public recognition. He said other types of advertising, such as magazines, newspapers, TV, etc. were not as effective and were also very expensive. He noted taking away the political candidate's privilege to advertise through signage, would be taking away their most effective and affordable weapon. Chairman Alderson said he agreed that the display of political signs took away from the aesthetics of the City and he found that reducing the amount of days the signs could be displayed from sixty to forty- five would most definitely help with that problem. He noted he was in favor or prohibiting the display of signs in the public medians as it was dangerous for those trying to put up or take down the signs, but he was in opposition of prohibiting the display of political signs in the public right-of-way all together. There was no further discussion and it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2009-015 recommending approval of Zoning Ordinance Amendment 2009-097 as submitted. AYES: Commissioners Barrows, Quill, Weber, and Wilkinson. NOES: Chairman Alderson. ABSTAIN: None. ABSENT: None. VI. BUSINESS ITEMS: None. P -Reports PCr2009',4 28 09 PC UIN 4 14 09 Drattd"r, 20 Planning Commission Minutes April 14, 2009 VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Attendance Update Chairman Alderson inquired about the reason for Commissioner Wilkinson's absence on the January 13, 2009, Planning Commission Meeting. Commissioner Wilkinson clarified the absence was due to health reasons, which prevented him from attending the meeting. Vill. COMMISSIONER ITEMS: A. Chairman Alderson reported on the City Council meeting of April 7, 2009. He said the City's new public relations company Ferrino & Green made a presentation suggesting programs of interest and what actions were to be taken. Council provided comments and feedback. He mentioned another item that was discussed was a memorial grant that was available to the City to be received from the Federal Government in the amount of $69,416 allocated for police activity, etc. Staff was in opposition of accepting the grant because he thought it was time for someone to make a stand and turn down government handouts. His proposition, however, was not accepted and the item was accepted with a majority vote. B. Chairman Alderson noted Commissioner Barrows was scheduled to report back on the April 21, 2009, Council meeting; however, there was a scheduling conflict with a lecture she needed to give that evening in Palm Springs. Commissioner Weber would sit in for Commissioner Barrows for the April 21, 2009, meeting and would report back on the Council meeting. D. Commissioner Wilkinson asked about the requirements for the federal funding item. Chairman Alderson replied the money was allocated to purchase two police segways and other items. Planning Director Johnson explained the City would not have to pay that money back, but only provide proof that the equipment was acquired. He noted this program grant had been around for years and it was not directly affiliated with the large federal stimulus package that was currently underway. IX: DIRECTOR ITEMS: None P:ARcperts PCA2009A 28 091PC MIN 4 14 09 Draft doD 21 Planning Commission Minutes April 14, 2009 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Weber to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on April 28, 2009. This meeting was adjourned at 9:23 p.m. on April 14, 2009. Respectfully submitted, Monika Radeva, Secretary City of La Quinta, California P:AReports PCA2009%4 28 09`,PC IVIJN_ 4 14 09 Drait.doe 22 PH # A PLANNING COMMISSION STAFF REPORT DATE: APRIL 28, 2009 CASE NO.: SIGN APPLICATION 2006-1078 AMENDMENT NO. 1 APPLICANT: HIGHLAND DEVELOPMENT REQUEST: CONSIDERATION OF A PROPOSED SIGN PROGRAM AMENDMENT TO ALLOW AN ADDITIONAL MONUMENT SIGN LOCATION: NORTH SIDE OF HIGHWAY 111 APPROXIMATELY 1000 FEET EAST OF DUNE PALMS ROAD ENVIRONMENTAL CONSIDERATION: ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTION 15311(a) GENERAL PLAN/ ZONING: REGIONAL COMMERCIAL (RC) / REGIONAL COMERCIAL (RC) SURROUNDING ZONING AND LAND USES: NORTH: FLOODPLAIN / WATER SOUTH: REGIONAL COMMERCIAL / REGIONAL COMMERCIAL EAST: REGIONAL COMMERCIAL / REGIONAL COMMERCIAL WEST: REGIONAL COMMERCIAL / REGIONAL COMMERCIAL VACANT BACKGROUND: The subject case number was originally scheduled for the March 24, 2009 Planning Commission meeting. Just prior to the first scheduled hearing, staff became aware of the owner of Parcel Four's opposition of the application as submitted. Because of comments received by the adjacent property owner within the commercial center and the necessary time needed for staff, the applicant, and the adjacent property owner to discuss other options, the item was continued to the meeting of April 14 and again to April 28, 2009. Staff met with William Schmitt, the property owner and the sign company to discuss the different options for the monument and also spoke with Jeff Lowden owner of the Phase 1 Building at the back of the shopping center. The applicant subsequently amended the application which is presented in this report. SA 2006-1078 Amd. #1 Staff Report The Dunes Business Park (Attachment 1) was approved as a multi -phased commercial development on four parcels (Attachment 2) totaling 6.38 acres. The project includes four (4) separate one-story buildings (Attachment 3) on each parcel with a common used parking area. The first phase, approved in June of 2005, included a 36,000 square foot multi -tenant building at the rear of the center. The second phase was approved in August, 2006 for three freestanding multi -tenant buildings located at the front of the center adjacent to Highway 111. There are two different owners for the commercial center; one owner for the three parcels fronting Highway 111 and another owner for the larger parcel to the north. The Sign Program (Attachment 4) was approved for the entire center on February 13, 2007. At the time of approval, the applicant was granted building mounted identification signs for each building and one monument sign for the entire center at the west end of the project site. When the Sign Program was initially submitted to the Planning Department, the applicant. was proposing two monument signs for the commercial center. The Planning Commission, as recommended by Staff, limited the approval to only one monument sign at the west end of the project, close to its access point off of Highway 111. With approximately 497 linear feet of frontage along Highway 111, the Dunes Business Park was granted approval of a 30 square foot monument sign. Per Code Section 9.160.050 Table 9-19, one freestanding monument identification sign for a multi -building shopping center is allowed per street frontage. The size is limited to .25 square feet per lineal feet of street frontage up to a maximum of 50 square feet per sign and 100 square feet aggregate for all signs. Based on the 497' of street frontage, the center is entitled by code to one 50 square foot freestanding sign. The center has one access point from Highway 111 located to the west of Phase 2 Retail 1. The parking lot for Jefferson Plaza immediately to the east ties into the parking lot for the Dunes Business Park providing additional access to the center. As referenced by Mr. Lowden, the CC&Rs (Attachment 5), which were not approved by the City, states the Phase 1 Building on Parcel 4 located at the back of the center is entitled to two monument signs before the other three buildings can install a monument sign for identification of their tenants. With regard to the CC&Rs, the provisions for signage is not consistent with the approved sign program and is not supported by staff nor enforced by the City. SIGN PROGRAM AMENDMENT PROPOSAL: The applicant is proposing an amendment to the approved Sign Program to include an additional 50 square foot monument sign with 30 square feet of sign face area (Attachment 6) on the east end of the project site. The monument sign will be identical to the existing monument sign in style and size. The design and content of the existing monument sign which provides ten tenant identification spaces was approved for the SA 2006-1078 Amd. #1 Staff Report 2 site to provide more visibility for the tenant spaces in the building at the back of the center. The proposed amendment also modifies the existing monument sign to allow three long panels across the top portion of the monument and four smaller ones on the bottom two rows for a total of seven tenant identification spaces. ANALYSIS: As noted, approval of the original Sign Program was restricted to one monument sign due to the center's relatively limited amount of street frontage combined with the placement of its buildings and its single access point from Highway 111. Now with the construction of the commercial center complete and over fifty percent leased, the lack of visibility for certain tenant's is more readily apparent. In order to allow the proposed additional monument sign, the Planning Commission will need to consider granting approval of a sign adjustment to compensate for inadequate visibility per Code Section 9.160.090 (E) (2). Specifically, current and future tenants located in the interior of Phase 2 Building Retail 3 would benefit from an additional monument sign because the approved Sign Program prohibits sign placement on that building's East elevation and the orientation of the building makes it impossible to see business names located on its West (front) elevation from traffic travelling westbound on Highway 111. Tenants in Phase 2 Buildings Retail 1, 2, and the South end tenant of Retail 3 are each allotted sign areas that face Highway 111. To ensure that all monument signs on the site are proportionately available for all similarly impacted tenant spaces within the center, Staff recommends that the proposed second monument sign reserve 12 square feet of the total 30 square feet of the sign face area for the Phase 1 Building in the northern portion of the center and the remainder 18 square feet go to building Phase 2 Retail 3. The monument should be structurally designed to allow tenant panels to be converted from a small panel of 12" by 33" to a larger one measuring approximately 12" by 66", in order to accommodate a business name on a single complete panel and not cross over onto another one. PUBLIC COMMENTS: This project was advertised in the Desert Sun newspaper on March 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 has received comments from the adjacent property owner within the commercial center in opposition of the proposed additional monument. The correspondence is attached as Attachment 7. FINDINGS: Based on the foregoing analysis, the following findings support approval of Sign Application 2006-1078 Amendment No. 1, subject to the recommended conditions of approval. SA 2006-1078 Amd. #1 Staff Report 3 A. Sign Application 2006-1078, Amendment No. 1, 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 2006-1078, Amendment No. 1, as recommended, is harmonious and consistent with all signs as proposed under the Sign Program, due to the common use of size and location of signs for both buildings. C. Sign Application 2006-1078, Amendment No. 1, 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. D. Sign Application 2006-1078 Amendment No. 1, as recommended, is consistent with the purpose and intent of the sign adjustment review process in that the sign adjustment to allow an additional monument sign is necessary to overcome a disadvantage as a result of the orientation of Phase 1 Retail Building and Phase 2 Retail Building 3, which limits visibility from Highway 111 and the restrictions from the approved Sign Program which prohibits signage placement on the east elevation of Phase 2 Retail Building 3. RECOMMENDATION: Adopt Minute Motion No. 2009 -_, approving Sign Application 2006-1078 Amendment No. 1, based on the findings and analysis included in the April 28, 2009 Planning Commission Staff Report for Sign Application 2006-1078, Amendment No. 1, and subject to the following conditions: 1. Prior to the issuance of any sign permits, a final Sign Program (with text and graphics) shall be submitted to the Planning Department incorporating any amendments or conditions of approval by the Planning Commission. Per Section 9.160.050, exact monument sign locations shall be subject to issuance of a sign permit consistent with the Sign Program and the City's Zoning and Building Code requirements. 3. Monument sign panels shall be limited to tenants in Phase 2 Retail Building 3 not including the south end tenant abutting Highway 111 and tenants within Phase One Retail Building in the northern portion of the center. 4. Monument sign face areas, except for the copy, shall be opaque. Only the routed copy may be translucent when illuminated. 5. Monuments shall be structurally designed to allow tenant panels to be converted from the smaller size panel of approximately of 12" by 33" to a larger one measuring approximately 12" by 66", in order to allow a business name on one complete panel and not cross over onto the adjacent panel space. SA 2006-1078 Amd. #1 Staff Report 6. The eastern monument's sign face area shall be divided between the Phase One Retail Building in the northern portion of the center, which shall have 12 square feet, and the Phase 2 Retail Building 3 which shall have 18 square feet. Attachments: 1. Vicinity Map 2. Copy of Parcel Map 3. Site Plan 4. Approved Sign Program 5. Copy of CC&Rs addressing monument signage 6. Monument Exhibit 7. Letter from Mr. Jeff Lowden Prepared by: Yvonne SA 2006-1078 Amd. #1 Staff Report 5 ATTACHMENT 1 z 0 i D 00 0 0 o eoo /1 I MUM I L 04 la e I 11.20 AC O 7RA 020-M 1 •� `—' m O fV � cO a C llJ Z D m Clt*Q ��WgTER 1 � Cy,�NNEI r - 2RA o20.131 eMAIYlY -_� PAR 4 P IB A ' &92ACMk 22HK 1 NAM I 1wA� - teey AKM PAR, PAR PAR I 13 14 15 I I 1AC IAC 1AC IN, .off INJO 010 INA$ _ _ _ _ _ _ _ _ _ _ _ _ _ _ HIGHWAY111 r � 0 ATTACHMENT 3 SITE PLAN i PHASEBUILDING I " I � i'. licit J%..L ♦ —Elm _ ,•.ram ire a�:mia. r �.:.nnra.� PHASE... RETAIL 1 �"su'*�'dir��a'eF�var��axa�diJ�• ' � . STATE HIGHWAY ill H I I /Aunivicim I It APPROVED SIGN PROGRAM AS APPROVED BY THE PLANNING COMMISSION M o t/M vv e VA '6-1 Vj Vi o� wwA D-� Sin 1116 yam A-,m- THE DUNES SIGN PROGRAM TENANT TENANT TENANT TENANT TTENANTTENANT ITENVANTTENAN APPROVED BY PLANNING COMMISSION IN HY DATE z -13- o QESO l t ASE NO. SA X0(v- 10-I t J ,A-vl CDvoOl u". 9 The Dunes Sign Program Sign Program: The purpose of the Sign Program is to ensure: design, guidance, 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, integrity, 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 appealing signage. Although the Sign Program exhibits establish the letter and sign dimensions, the Sign Program is not intended to substitute Chapter 9.160 of the City of La Quinta 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: 1. All sign (s) shall comply with the Sign Program, current local zoning, meet the provisions of the Uniform Building and electrical codes, be maintained in good structural condition and appearance, and MUST BE Underwriters Laboratory (U. L.) and BEAR the U. L. listing. 2. The tenant, tenant's agent and/or the tenant's sign contractor and/or general 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: sealing, patching, painting, and electrical disconnect(s). Removals to be 10 completed within a 10 (ten) day period of lease termination at the tenant's expense. It is required that you use a sign contractor for signage and signage component removal and electrical disconnect, and a painting contractor for finishing and painting work. All repair work must match the building color and texture. Working area must be left in a neat and clean condition. 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 owner, owner's agent, or owner's representative to verify all sign locations and/or field conditions, conduit and primary electrical locations and services, prior to installation of any sign (s). 6. No exposed raceways, crossovers, conductors, wiring, or junction boxes. Transformer boxes will be used to cover and/or conceal transformers. All bolts, fastenings, and clips shall be non "rust prone" and painted to match the exterior building color permitted. EXCEPTION (S): WHEN THE DESIGNATED SIGN LOCATION(S) HAS SUPPORT BEAMS, NO ACCESS, AND/OR A NON -WORKING AND/OR BUILDING INSPECTOR AREA BEHIND THE DESIGNATED SIGN LOCATION. THE CONTRACTOR MAY USE A RACEWAY THAT IS IN KEEPING WITH THE ARCHITECTURE OF THE BUILDING. THE SIGN FACILITATOR/"RACEWAY" SHALL ENCOMPASS SIGNAGE, STAY WITHIN DESIGNATED SIGNAGE AREA, AND NOT EXCEED/PROJECT FROM LETTERING. 7, Sign Contractor must have the following: General Liability Insurance, Workers Compensation, Contracting and City Business License. Tenant will be responsible for its sign contractor to indemnify, 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. 8. Sign labels that pertain to construction and installation shall be permitted and placed in a conspicuous location for inspections and/or emergencies. 2 11 9. Penetrations of the building structure required by installation(s) shall be neatly sealed in a "water tight" condition and painted to match exterior surface. 10. Sign(s) shall have access and/or adequate "crawl space" for inspection(s) and servicing. 11. No live and/or simulated animals or humans may be used on site or within right-of-way adjacent to the subject property as a sign. 12. No sign(s) shall be permitted that pose a nuisance or hazard. 13. No exposed neon, lamps, tubing, and/or bulbs, shall be permitted. 14. Roof sign(s) or projected sign(s) shall not be permitted. 15. Temporary identification signs such as: construction, developer, seasonal promotions and/or compliance non -illuminated advertising displays are permitted as per La Quinta City Code. Some time restrictions may apply. 16. Sign(s) that project onto the public right-of-way shall not be permitted. 17. The tenant will be responsible for the maintenance of their sign(s). Repairs may be required 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. 18. Owner shall reserve the right to have architectural control. Specifications for Building Signs: 1. Signs shall be individually illuminated Channel letters. 2. Matte Black painted Aluminum letters with standard color trim cap. 3. Colors: As approved by City or DRB. 4. No two adjacent signs shall be the same color. 3 12 5. Lettering type style shall be Helvetica light or equal, or as approved by City and developer. 6. Single or double line shall be permitted. 7. Sign illumination may range from 4500 - 6500 neon or equal with 30 MA transformers. 8. National or regional tenant (s) with 5 or more outlets (s) will be allowed to use their standard signage. 9. Sign square footage not to exceed 50 square feet net. Logo not to exceed 25% of total area. 10. All signage to be within designated area as shown on elevations. 11. One sign per leasehold front. Maximum width of sign shall not exceed 75% of lease frontage or wall width upon which the sign is placed, whichever is smaller. 12. See exhibits for material and location requirements. 13. Sign area limited to one square foot per lineal foot of lease frontage up to a maximum of 50 square feet. Specifications for window signs (Secondary) 1. One for parking lot side only. 2. Not to exceed 18" x 18", and includes business name and/or hours of operation. 3. Copy shall be machine cut vinyl lettering. 4. Lettering to be at least I" in height. 5. Lettering type to be Helvetica light or equal. 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. 4 13 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 instal lation/attachment/cross section. G) Site plan indicating the location of the occupant space on the site. H) Fabrication and installation details. All permits for sign (s) and their installation shall be obtained by the owner and/or its representative (s). La Quinta Professional Plaza and/or its representative shall satisfy all requirements and specifications herein. 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. 14 Approvals: The design and construction of the tenant's signage must receive written approval by the Landlord/Owner or the Management Company and the City of La Quinta before fabrication and installation prior to submitting a sign application. 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: 1. Conformity of the Sign Program established for the center including 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: 1. The installing sign contractor shall call the City for a final inspection after having installed the sign. 2. The Final Inspection Card must be maintained on file with the sign contractor. 3. Signs that deviate from this Sign Program will be removed at the tenant's expense. 6 15 (\ /� (��! \\ \\ $\\\ $9\! k}/� RQQ` &2R� £Ja! rJ@! $G\" \\\) \ \\f • �NNOI o • ; t n n „ m¢oa± UUmm� • �:Ohr � Q N O! CD Q 'i y v m T m ly E m 17 m n Ei C 7 CO ®' I z o o F W w w � w i i . e r 2 < I R t ti '7 m m �l a 19 j�ysP a m m .l i J 21 23f2089 14:18 2133829916 ATTACHMENT 5 aisles as shown on the Site Plan without the prior written approval oftbe Boa Lot Owner and &c, Mansviag Patty of the Front Lot& AWICIS VM ROIS S.i Sboyping Combca 3ians All aigas wiNa the Shopping Ounter shall a to all Sign Gdde&jwv roslriadem, permits and apptovais.adopted by Declarant stud all applicable Lewa and nquircumemts and approvals of the (oily ("Applicohle Sign Requfr+ecents'. Rxc for directional signs for gmidama whim tbeparld%and drivoway emcee ofthe Cottmwa Area, fittastandmg mannient signs approved by.Daclatant (m its sole disciration) an the fift foot (50) easomen t area between MgIrway I I I and the Building Areas on Parcels 1, 2 and 3, and mb other signs as may be required by taw (such as signs roaming of hazardous substances), no sign ahall be aectod or maintained upon the Common Area which is not in cue with the Applicable Sign Req. 8.2 Ii Declmani r+ese rves the right to grant fights to Owners and/or OCVq=te ("SiiJP Penal UMU") to Place idattifioation Sip panels (mdiviebna 'a, "Sign Pastel" and colleadvely "SignF%xin on mutd4enm tmonazagnt signs constricted by Dedsteat within the Shoppdng Contan Wept as expressly granted byDeclumd, mother OwAarcrOempant shall have stay dSUs to Piano any Sign Panele on any multi-tonamt monum 4os within the Shopping Canter. All Sign Finials shalt be maintained by the Sign Panel Use to whom such Slpftllel(s) belong or by Declarant at the solo cost dam Sign Panel User to whom such No Peool(s) below& Except eas ofl& wise provided haven, each Sign Panel shall comply with the program the City or o9w apphouble, S cWty and such signs (1) see in compflaace with the Applicable Sign Require; (ii) are oomadstent with the arabitectu[al design of the multi -tuned mommna l signs oonstruoted by Declarant within the Shopping Center; and (111) do nut materially and adversely impact the visibility of the mutti- temeut mwnnment signs co= uatcd by Declarant within the Shopping Canter. 8.3 Sign Panel Ir2119 mmca by Sian Partal Useas, Each Sign Panel User shall be solely ropponslble for all muft to fabricate, obtain permits for and install its individual Sign Panels on the monamemt dp to which it has been amnled rights hereunder. Each Sign Pand User abaU maintain its Sign Pane(s) to an attractive and good, clam and first-class state of ouch' end mpur, Mdudmg tha psomln rrplacemamt of bwkesn, faded or damaged aign panels mid repainting ofgmM Deolarant hereby ®rants to each sign Panel User and theircoabsuiasa an casoment over the Common Aron of the Shopping Canter hs meaoomabiy necessary to condaet Sign Panel is slallation, oplacemod and mamoroanoe, pmo qdW such entry and wo* shall not i is with the use ofthe rem wimmt sign byothe r Sign Penal Use w or theuse and cWoymewt of the gtaffior Owaoi'a Pamei, by such Owner or its Occupants, and the Sign Panel User corrdnetiug such wale shall pixomptly repair any damaae to themommm®t sign of any adw improvements Clnchrding landscaping) on tiro Paredd on wbioh the me»mmcmd sign is located which is canned by such entry and work and ahall iudeumW, dofand and hoed rite other Sign Panel Umams and the Owner an whoso Pared tho momumemt sign is located heamlcss from and urmtmae 22 \ �«!- _ .•. >/��\}}\/�\\\}\\�\\� \5`, t - - \j\\/\ i j \ \ \2}}\\\\ \\\\/\k , \y ..,�=G� /./ f '�^||■^;§ \ � }� . _ a��:*(§$§• 4�0=;B,t� $f§ (2§§) » % }k��§§;(�! aF- /� - ^\�« - \- � �-y�- , e2 - \\jj}\ME \ \\ A I I AUNMENT 7 .onne Franco From: Jeff Lowden Deff@skywestservices.com] Sent: Tuesday, March 24, 2009 12:33 PM To: Yvonne Franco Cc: ghoeksma@allenmatkins.com; Caras, Chris Subject: RE: Emailing: SA 06-1078_Amd 1_SignDesign, SA 06-1078_Amd 1_App_1-18-09 Received your email and info on application from Highland Development Co. for a second monument sign. The public announcement you mailed was the first we saw or heard of the matter, which was disturbing and a shock. As this monument sign is important to our tenants in the back we need to be a part of the decision and how tenants will get signage. To date we have had no conversation with Highland. We were not informed by them that they put application in for the sign. We do not have an agreement in place on how the sign is to be shared or used and in fact per our CCR's the back tenants have the right to a second sign prior to the front tenants getting a sign. The partners in the back lot want to have a good working relationship with the front lot owners. In order for this to happen we need to have agreement prior to any application to the City of La Quinta. The Back Lot Owners are NOT in agreement with the Front Lot owners at this time. Our CCR's are clear that the Back Lot owners get two monument signs prior to front lot owners. The CCR's was part of something they agree to prior to buying the front pads from us. Your suggestion that we share the second monument sign does not work for as at this time for several reasons. There is still more work to be done prior to this application or a ruling on this application; therefore, we recommend the application be withdrawn (or declined if it is not withdrawn prior to the meeting) until the two lot owners have an amended agreement in writing. Then and only then will application be submitted for your review and vote. Once all parties are in agreement we Will resubmit the application. Please call me to confirm you received this email. Feel free to use this if you need to at the hearing this evening. We are in LA and expect that this letter will be used in place of our attendance. Please call me to discuss how best to move forward prior to hearing this evening. We appreciate our working relationship with the City as well as our neighbor in hopes we"can resolve this in a fair and equitable manner. At the present time it is not fair and equitable how it has been presented. Wttsk—dsEyavpfute Thank you 24 The Dunes Business Park, LLC Jeffrey Lowden, Managing Director www.skywestservices.com 3550 W. 6th St., Suite 400 Los Angeles, CA 90020 800.276.8787 Ext. 201 & 202 Phone 213.382,9918 Fax 310.502.5703 Mobile -----Original Message ----- From: Yvonne Franco [mailto:Yfranco@la-quinta.org] Sent: Tuesday, March 24, 2009 11:41 AM To: jeff@skywestservices.com Subject: Emailing: SA 06-1078_Amd l_SignDesign, SA 06-1078_Amd 1_App_1-18-09 «SA 06-1078_Amd 1_SignDesign.pdf>> «SA 06-1078_Amd 1_App_1-18-09.pdf>> The message is ready to be sent with the following file or link attachments: SA 06-1078_Amd I_SignDesign SA 06-1078_Amd 1_App_l-18-09 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Information from ESET NOD32 Antivirus, version of virus signature database 3958 (20090324) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 3958 (20090324) The message was checked by ESET NOD32 Antivirus. http://www.eset.com K 25 YAGt U1116 FAX TO: FROM: RE: Date: PAGES: 'Am Mvtl"4 y Mampnient For: The Dunes Business Park, LLC Yvonne Franco — FAX 760.777.1233 Jeffiny Lowden — FAX 213382.9918 Public Noticc — Sign - Highland 3.19.09 Cover + he 1 AS We received your Notice of Public Hearing for Sign program 2006-1078 AMD. #t . Please use this paperwork as our request to decline the application as we have specific language that is clear (Attached) in our CCR's that the applicant is not adhering to under our rules and guidelines they agreed to, executed and signed. Plcasc review and call rue prior w the meeting. We are NOT in agreement with the request for a monument sign. Background. - As you may recall we purchased the entire 6.3 acres and sold the front 3 acres to Highland Development in 2006. We are the owners of the bank building (The Durres Business Park, LLC) retaining the back 3.3 acres for our 37,600 Sq Ft Retail center. The CCR's, Thai control our shopping center which they signed, are very clear. l would be happy to provide a fully executed copy of the CCR's but they are very long and would take 26 03/23/2009 14:18 2133829918 too much of your FAX paper. Please let me know if you need a copy, and we can mail to you. The back building (our property) is allowed a second monument sign. If we have two signs approved by the City then and only then can they apply for a third sign, for thcir property. We intend to put our application in for a second monument sign immediately as all our tenants are burting with little to no visibility from the front buildings that block signage on our back building. Please decline the application. If you have any questions please feel free to contact me Cordi TeJRey Lowden Managing Director The Dunes Dusiness Purk, LLC 310.502.5703 27 PH#B PLANNING COMMISSION STAFF REPORT DATE: APRIL 28, 2009, CONTINUED FROM APRIL 14, 2009 CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 AND CONDITIONAL USE PERMIT 2008-112 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES (FOR YURY LEVITAN) ENGINEER: JHA ENGINEERING LANDSCAPE ARCHITECT: PAUL STURWOLD ASSOCIATES, ASLA LOCATION: EAST SIDE OF WASHINGTON STREET, APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR A 4,924 SQUARE FOOT EXPRESS CAR WASH ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3), OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THEREFORE, NO FURTHER DOCUMENTATION IS NECESSARY. ZONING: COMMUNITY COMMERCIAL (CC) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) SURROUNDING ZONING/LAND USES: NORTH: CC / OFFICE BUILDING SOUTH: CC / APPROVED SHOPPING CENTER (MAYER VILLA CAPRI) EAST: OFFICE COMMERCIAL / MITCHELL PAIGE MIDDLE SCHOOL WEST: RESIDENTIAL USES IN PALM DESERT 1 o•�o.,.....«� _ or�onno�n_�o_nou :....:..�.�or c«.,aa oe......� a..,. PREVIOUS PLANNING COMMISSION REVIEW This request was originally reviewed by the Planning Commission at the April 14, 2009 meeting (Attachment 1). Various aspects of the project were discussed including architectural design, site layout, access, colors, materials and landscaping. Additionally, a number of concerns were discussed by the Commission. Commissioner discussion focused upon whether the design should be "flipped" so that the car wash building is adjacent to the north property line instead of the south property line as shown on the site plan presented at the meeting in order to allow either a joint driveway from Washington Street with the adjacent property owner to the south or to provide access between the subject property and the adjacent property to the south. Staff noted the original submittal to the Planning Department showed the building on the north side and a driveway connection to the south property was requested by Staff but objected to by the property owner to the south. During the hearing two members of the public spoke regarding the project. Mr. Marvin Roos, MSA Consulting, spoke on behalf of the owners of the recently approved Mayer Villa Capri project to the south. Mr. Roos noted a concern regarding the provision of a deceleration lane in front of the proposed car wash and how it could detrimentally affect their adjacent driveway. Additionally, Mr. Roos stated his client's position that providing vehicular cross access between the projects was not desirable because of the potential for blocking the drive aisle on their property when car wash traffic use is heavy. Furthermore, he noted a joint Washington Street access between their project and the car wash was not proposed or deemed desirable. Ms. Terry Forward, Coldwell Banker Commercial, representing the property owner of the office building to the north, indicated a desire for a sound barrier wall along the common property line between them and the proposed car wash. She also indicated an objection to flipping the design, which would place the car wash tunnel next to their office building. While discussing the proposal, Planning Commissioners commented that further consideration of relocating the building to the north side of the site in order to provide access to the south as well as the need to see additional detail was necessary. Commissioners requested additional information on the following: 1. The polycarbonate roof material, its durability and properties in our climate. 2. Provisions for and design of the pay stations, vacuums and attached trellises (not shown on the plans). 3. Trash provisions and maintenance of the facilities operation. 4. Water use and recycling of the car wash water. 5. Parking lot lighting 6. Noise issues from the car wash equipment. o•�o�.....«.. _ or�onne�n_oo nmi �.,..:,.�,�or c.�sF oa.....«o a..,. 2 The Planning Commission unanimously moved to continue the public hearing to the April 28 meeting and directed the applicant to address the previously noted items. NEW INFORMATION The applicant has submitted a revised site plan and has provided additional information as requested by the Commission at the April 14 meeting (Attachment 2). The additional information includes the following: 1. A revised site, landscaping and grading plan showing the car wash tunnel along the north property line and an option for a driveway to connect with the property to the south.. 2. Detailed information on polycarbonate roofing material, including photographs showing its use and actual color sample. 3. Provisions for the location and design of the pay stations, vacuums and attached trellises and trash can. The locations of the vacuum trellises and pay station are shown on the site plan. 4. Maintenance schedules and procedures for facility operation. 5. Water use and recycling of the car wash water based on recycling equipment proposed to be used. 6. Five double head box type parking lot poles are shown in the parking lot area. Information on the fixture manufacturer is provided. 7. Information on expected noise levels based on proposed drying equipment. The revised site plan basically "flips" the project by placing the car wash tunnel along the north property line instead of the south property line. This places the pay station line along the south property line while the vacuum stations and parking area remains in the center of the site. The driveway has always been identified near the north property line in order to provide maximum separation from the northern Mayer Villa Capri driveway. With this revised site plan, the driveway to Washington Street remains near the north end of the site. This design requires the patron to immediately turn right upon entering the site and then circulate around the site to one of the car wash pay kiosks near the southeast corner of the site. When patrons exit the tunnel they can leave the site or immediately make a left turn upon existing the tunnel if they wish to use the vacuum stations. Since the 4/14 Planning Commission meeting Staff received a letter from Dr. J.E. Chandrashekar, owner of the office building north of and adjacent to the subject property (Attachment 3). In his letter Mr. Chandrashekar states he objects to the car wash project if the building is placed adjacent to their common property line. Additionally, he requests a six foot high sound wall be provided along their shared property line. The following sections of the staff report include the background and other pertinent information previously provided to the Planning Commission for the April 14, 2009 oa Qe......e - Dr%1nnQ%AJJG_n0\1 In.;-k%Dr c.�ff P.—.N A-- 3 meeting. The Conditional Use Permit, general description of operation and architectural description provided below applies to the new proposal except for the new plan the north building elevation is the south elevation and south elevation is the north elevation. Also included is a brief description of the newly submitted plans where necessary. Since the 4/14 meeting Mr. Roos, on behalf of Mayer Villa Capri, has reiterated their position that a cross access connection between the two properties is not desirable and not necessary for either business. BACKGROUND OF PROJECT SITE The .98 acre vacant site is located in the north end of the City, on the east side of Washington Street between Fred Waring Drive and Palm Royale Drive (Attachment 4). Immediately north of the site is an office building constructed within the last three years. To the south of the site is the recently approved Mayer Villa Capri shopping center (Attachment 5). To the east is the Mitchell Paige Middle School. A residential tract is located to the west across Washington Street in the City of Palm Desert. The property is mostly vacant, except for some scattered desert shrubs and a tree. Power poles and overhead lines run adjacent to the Washington Street frontage. The .98 acre site has 150 feet of frontage along Washington Street and 285 feet of depth. The existing grade of the site is slightly lower than the office building site to the north and approximately 8 feet higher than the school site to the east. The vacant Mayer property to the south varies from approximately 2 to 4 feet lower than the project site. A 6 ±foot high chain link fence has been installed by the school adjacent to the east property line at the top of the slope along the property line. CONDITIONAL USE PERMIT A Conditional Use Permit has been filed as the Community Commercial zoning district requires for such for a car wash. This is to ensure that the location of the car wash is appropriate and it will not be detrimental to the surrounding uses. Since the 4/14 meeting staff has added three conditions to address hours of operations, staffing, landscape maintenance as well as general maintenance and upkeep of the site. SITE DEVELOPMENT PERMIT General Description of Operation: The facility would consist of a car wash tunnel and outside vacuum stations. Though designed to essentially be an automatic car wash, the proposed use will employ 2 to 3 employees at any one time, depending on the time of day and weather. Hours of operation are proposed to be from 6 am to 10 pm, seven days a week. The operation has the customer stay in the car while going through the car wash and either leaves the 4 site after the wash or may self vacuum the car before leaving. The vacuuming is included in the cost of the car wash. The new information includes a daily clean-up schedule and operational schedule for the car wash. Site Design - Original Submittal: The car wash building on the original plans runs along the south side of the site within five feet of the property line and is set back approximately 73' from the ultimate Washington Street curb with a 20' landscape setback provided. The car wash entrance located at the east end and exit at the west end (Attachment 6). The vacuum stations, as well as employee parking spaces are provided adjacent to the north side of the building. A 15 foot dedication of land is required adjacent to the existing Washington Street to widen and improve the street. A minimum 20 foot landscape perimeter is provided adjacent to Washington Street. The site plan shows a monument sign location near Washington Street. The details for this and other on -site signage will be determined when a separate sign program application is submitted. Parking lot lighting will be provided but is not specified at this time. Lighting will be shoe box type with recessed light sources. Storm water will be retained in an underground retention system proposed underneath a portion of the parking lot. Site Design - New Submittal: The revised plan is essentially a "flipped" version of the original plan with the car wash tunnel adjacent to the north property line (Attachment 2). The driveway is still located near the north property line in the same location as shown on the original plan. The 24 vacuum stations and two employee spaces are still located in the middle of the site, with the three pay station lanes adjacent to the south property line. The tunnel is setback approximately 75' from Washington Street and the 20' landscape setback is provided. A monument sign is shown at the south end of the project site near Washington Street. A second sign location is shown in the planter next to the tunnel exit. Parking lot lights are shown on the plan. Storm water will still be retained in an underground retention system underneath a portion of the parking lot. The site plan includes locations of the vacuum/trellises proposed in the parking lot area. Circulation/Parking - Original Submittal: Site access to Washington Street via a 28 foot wide driveway near the north end of the site. The lane adjacent to the entry will be a continuation of the deceleration for the Mayer project immediately to the south. Cars entering the site line up in the lanes 5 along the north property line, pay at the pay station and circle around to the right to the car wash entry. An escape driveway is provided midway through the pay line before the pay station should a person wish to exit before paying. The trash enclosure is located in this area. The operation includes automatic washing and drying of the vehicle within the tunnel. After exiting the car wash tunnel, customers have the option of leaving the site or using the vacuums. After vacuuming, the cars exit to Washington Street. As previously noted, twenty-four vacuum stations or spaces are provided in the center area of the site. Two employee parking spaces are provided at the east end of the vacuuming area. The city's off-street parking requirements have been met. If needed, the vacuum spaces can be used for short term parking. "No parking" areas are provided at the east end of the parking lot in case all vacuum stations are being used and vehicle turn around is necessary. Circulation/Parking - New Submittal: The new, plan modifies the on -site circulation from the original plan reviewed at the last hearing because the driveway does not "flip" or move to the south side of the property. It stays at the north end of the site because of the desire to maintain it as far north of the northernmost Mayer project driveway as possible for vehicular safety. Cars entering the site essentially made a u-turn on site to enter the pay station lane along the south property line. The cars then circulate around the site and enter the car wash tunnel at the northeast corner of the site and exit at the west end of the tunnel where they may make a left turn to the vacuum stations or drive straight to exit on the Washington Street. Architecture - Both Submittals: The car wash structure is 34 feet wide and 160 foot long with a southwest type design except for its curved bronze 16mm polycarbonate twin wall roof. Other materials include sand finish exterior plaster walls, cultured stone veneer, composite wood trellises, metal lattice plant panels, wrought iron wall d6cor over ceramic tile inlay accents, and decorative wall mounted light fixtures (Attachment 6 — sheet 3). The building entrance and exit will have aluminum roll -up grills that will be down when the car wash is closed. Architectural features include curved parapets and windows, decorative cornices and light fixtures, and the ceramic tile accents previously described. Plaster colors will be two shades of beige, with the trellises a redwood color and the stone veneer shades of light tan to brown (Attachment 7). The building is rectangular in shape with three deep popouts on the north side facing the vacuum area (Attachment 6 — sheet 2). These popouts house a restroom, a small office, and equipment and storage areas. Between and at the extreme ends of these popouts, trellises will be provided. Windows into the car wash are shown beneath two of the trellises. The south side of the building will look similar to the north, with the exception of the trellises and the fact that the popout areas extend 8" to one foot out. oa oe........ _ orronno�n_oa_nou �....�..�,�or c.�a� ❑a..,...o .+.... 6 The height of the building is primarily 22 feet with the exception of the entry and exit areas which are lower at 17.5' high. The curved bronze colored polycarbonate roof runs the length of the 160 foot long building. No roof mounted equipment is proposed. Landscape Design - Original Submittal: The applicant has submitted preliminary -level landscaping plans that identify the various trees, shrubs and groundcover proposed (Attachment 6 — sheet P1.0)• The tree palette includes 24" box size Willow and Sweet Acacias, 24" box size Palo Verde's, 24" box size dwarf Citrus, 36" box size African Sumacs, 15' high California Fan Palms and 36" box size Mediterranean Fan Palms. Shrubs are desert and other low water use plants in five and one gallon sizes. Groundcover consists of Lantana, Palm Springs Gold Fines gravel, 5-6' boulders and rock cubble. Adjacent to the car wash building opening a six foot high masonry wall is proposed on a portion of the south property line facing the approved shopping center and on the east property line facing the school yard. Trees are shown around the perimeter of the site, with a heavy concentration near the car wash tunnel exit near Washington Street for screening. Bougainvillea vines are shown on the building wall along the rear (south) side and on some of the trellises. Landscape Design - New Submittal: The revised landscape plans are based on the new site plans and are similar in concept to the original landscape plan. Trees still ring the site, but have been reduced in total number from approximately 61 to 30. Tree sizes of 24" box and 36" box have been maintained. Planting along the north property line has been reduced adjacent to the tunnel, as well as to the east adjacent to the school. Some plant material has been changed but remains low water use plants. The citrus trees and California Fan Palms have been removed from the palette. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC) REVIEW AND ACTION The ALRC reviewed this request at their meeting of April 1, 2009. Staff recommended a number of standard conditions to the ALRC. The ALRC reviewed the plans and agreed with those staff recommended conditions. The ALRC discussed the colors used for the exterior of the building and said the colors could be more dynamic than the standard earth tones proposed. However, the ALRC did not include a recommendation to change the colors. They also noted that use of temporary banners should be closely reviewed and regulated. The ALRC did make recommendations regarding the proposed landscaping plan. Their action recommending oa oe....«.. - cr%onnMA_w nou ;....;nkXDr c.ss oe..,...o .+.... 7 approval of the project included the following additional conditions: 1. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. 2. The two 36" box size Mediterranean Fan Palms shown in the two landscape fingers immediately north of the car wash building shall be changed to 15' bth (brown trunk height) Washingtonia Robusta. It should be noted that just prior to ALRC review the Public Works Department reviewed the site plan for circulation and function. As a result, the Public Works Department requested several minor changes to the site plan to ensure that the operation's vehicular circulation functions as safely and efficiently as possible. This subsequently required changes to the grading and landscaping plans. Those revisions were not reflected on the submitted plans reviewed by the ALRC. However, the changes were of a nature that did not substantially affect the ALRC's review and recommendations. The landscaping and grading plans have also been revised to reflect the new site plan. No specific revisions or conditions to the ALRC recommendation are needed to address the revised plans. The description of the project and exhibits in this report reflect the revised plans. PUBLIC NOTICE This map application was advertised in the Desert Sun newspaper on April 3, 2009. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. One e-mail correspondence regarding this application was received for the April 14, 2009 hearing from Michele Rose, a resident in the Desert Breezes subdivision located on the west side of Washington Street across from the project site in the City of Palm Desert. Ms. Rose expressed concern regarding potential impact from the operational noise generated by the carwash (Attachment 8). As noted earlier, since the last meeting Staff has received a letter from Dr. J.E. Chandrashekar, owner of the office building to thee north (Attachment 3). PUBLIC AGENCY REVIEW All written correspondence received are on file with the Planning Department. All applicable agency comments have been made a part of the recommended Conditions of Approval for this case. ANALYSIS When the site development permit application was first filed, the site plan submitted showed the car wash tunnel along the north property line, without access identified to the Mayer project to the south. Staff recognized the benefits of providing such an access and requested the plans be revised accordingly. The applicant's representative 8 was asked to contact Mayer Villa Capri to coordinate the access. The applicants reported that Mayer Villa Capri was reluctant to providing such a connection. Staff also subsequently met with Mayer Villa Capri and they indicated their objection was due to concern with the design of the connection creating congestion on their driveway(s) due to stacking of vehicles trying to enter the car wash site during times of high use. Based upon this information, staff then decided that providing the cross access connection should not be pursued. Staff also concluded that in order to provide better on -site circulation the tunnel should be moved to adjacent to the south property line. Noting the objection of the adjacent property owner to allow access between the two properties, staff believes that the original plan provides a better circulation pattern in the area where the driveway and tunnel exit meet. The original plan provides direct access from Washington Street to the pay station line, provides a larger stacking area at the driveway entry and eliminates the potential for circulation conflicts between cars entering the site and exiting the vacuuming area. The original plan also provides a larger exit area after leaving the tunnel for patrons to decide if they would like to vacuum their vehicle or exit the site. Furthermore, the revised plan has a potential circulation conflict southwest of the tunnel where the site entrance and exit lanes are adjacent to the carwash exit lane that directs patrons to the vacuums. The original plan does not have such a conflict. At the last hearing Staff recommended a six foot sound wall adjacent to the driveway in front of the tunnel exit. This was proposed to minimize noise as well as headlight glare and direct visibility of the tunnel exit from Washington Street. Based upon the latest information provided by the applicant, staff does not believe that noise will necessarily be of concern to the existing residences across Washington Street. Thus, the wall could be reduced to as low as four feet. Please note that the condition of approval still provides for a six foot wall. Though not currently identified, the revised plans could include a wall in front of a portion of the tunnel exit within the proposed landscape island. However, this will not reduce direct visibility of the tunnel exit and only have minimal impact upon headlight glare. The revised plans still show a 6' high sound wall across the east facing tunnel opening adjacent to the school to the east and the easterly 30' of the north property line facing the office building site. Lastly, the proposed car wash is a retail commercial type use that is more compatible with the Mayer Villa Capri project than the office building to the north. Therefore, keeping the tunnel adjacent to the retail project was deemed desirable. It should be noted that the applicant has indicated to Staff that either plan (tunnel along north or south property line) is acceptable. The General Plan land use and zoning designations of the project site are Community Commercial, which permits car washes with approval of a Conditional Use Permit. In this case the location of the car wash will have minimal impact on the surrounding Dace........ - c."f oe......o a,,. 9 uses. Commercial uses to the north and south will be compatible. The residential uses to the west in Palm Desert are separated by a wide heavily used street and will therefore, not be impacted. The school play yard located to the east is approximately eight feet lower and will be provided with a sound wall which minimizes noise and other impacts. Additionally, with the either plan a six foot high masonry wall is recommended in front of the car wash entry opening further increasing compatibility by buffering the impact of the carwash opening. Therefore, the use is acceptable on the site proposed. The height, massing, and scale of the building is appropriate for the location. The maximum height of 22' complies with the city's image corridor requirement. The project meets all of the dimensional requirements of Community Commercial zoning district. Except for the bronze colored polycarbonate roof, which is an unusual material for buildings in this area, the proposed southwest architectural style is essentially similar to many other buildings within the City. With regard to the elongated building, since the building's long side is orientated away from and set back from Washington Street, the visibility of the roof as well as the mass of the building is limited from Washington Street. In regard to a concern expressed by the ALRC about potentially significant heat gain within the building, since the building is open on both ends and is essentially unoccupied, excessive heat gain should not be a problem. The new information provided by the applicant indicates that the material is quite durable and has been used for a wide range of uses in varied climates. The proposed building is provided with four sided architecture providing depth and architectural detail and articulation around the building. Landscaping, especially on the side of the building facing the office building, helps break up the linear appearance of the building. The architecture of the recently approved Mayer project to the south is desert contemporary with flat roofs, square corners, numerous pop -outs and recesses along with stone veneer and metal work accents used to break up the smooth plaster walls. The exterior colors of the Mayer project include five shades of tan to brown plus a deep green. Its roof material will include standing seam metal in a clear anodized aluminum color. While not matching either the Mayer development's design style or that of the Tuscan designed office building to the north, the general southwest design of the carwash is consistent with the theme of many developments in the community and could be considered as an appropriate transitional design between the two adjacent styles. Whether this is acceptable, or if the architectural design should be adjusted to be more compatible with the adjacent Mayer development is an issue that the Planning Commission may wish to discuss. Such discussion could also include whether the impact of the exit opening's height can and should be reduced in some way, possibly by enclosing the arched portion of the opening in manner that retains the decorative function of the arch. At the last hearing this issue was not discussed and therefore, the architectural design is deemed to be acceptable. 10 The proposed conceptual landscaping plans are a desert -appropriate design and tree sizes are comparable to other commercial projects. Relatively dense tree planting on the original plans along all of the perimeters minimizes visibility of the carwash structure from off -site. To ensure the proposed trees achieve their intended screening purpose in a timely manner, staff is recommending each of the trees located in the landscape areas adjacent to Washington Street have 2" caliper trunks at the time of planting. Furthermore, as previously noted the 6' high walls adjacent to the car wash tunnel entry and exit minimizes visibility and noise to the school play ground. The revised plans have reduced the number of trees. Along the side adjacent to the school and adjacent to the tunnel the trees should be increased. Condition of Approval 106 of the Site Development Permit requires doubling of the trees in these areas. The applicant states that the water used for washing cars is recycled and subsequently reused. Specifics on how this is done have been submitted with the new information. The applicant states the recycling system clarifier tank is equipped with an oil and sand separator, as required by the Coachella Valley Water District. Reuse of water is desirable and included as a condition of approval. STATEMENT OF MANDATORY FINDINGS Findings per Zoning Code Sections 9.210.010 F and 9.210.020 F, respectively, necessary to approve the Site Development Permit and Conditional Use Permit can be made and are contained in the attached resolutions. RECOMMENDATION The Commission should review the revised as well as original plans and determine which is superior should you wish to approve this request. Additionally, should the Commission wish to approve the revised plans (with the tunnel to the north) you should determine if access to the Mayer project to the south should be included. As previously noted access to this property was not required from Mayer Villa Capri when their project was recently approved. 1. Adopt a resolution approving Conditional Use Permit 2008-112, subject to Conditions of Approval. 2. Adopt a resolution approving Site Development Permit 2008-905, subject to Conditions of Approval. Attachments: 1. Draft Planning Commission minutes for the meeting of April 14, 2009 2. Revised plans and new information 3. Letter from Dr. J.E. Chandrashekar dated April 16, 2009 4. Location Map oa oe.....«.. _ or�onnm n_w_nou �,...�..uor c.•,av oe......o a..,. I1 5. Composite aerial map showing project site and Mayer commercial complex 6. Original development plans reviewed April 14, 2009 7. Color and Material Samples Prepared by: Stan Sawa Principal Planner o•�o.,........ _ or�onno�n_�Q no�i �....�..w or c,ss oe..,...o .+.... 12 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN EXPRESS CAR WASH USE IN THE COMMUNITY COMMERCIAL ZONE LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE CASE NO.: CONDITIONAL USE PERMIT 2008-112 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28`h day of April, 2009, continued from the meeting on the 14`h day of April, 2009, hold a duly -noticed Public Hearing to consider the request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) for approval of an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive more particularly described as: APN 609-070-047 WHEREAS, said Conditional Use Permit has been filed concurrently with a Site Development Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. Therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the V day of April, 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, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of the Conditional Use Permit: 1. Conditional Use Permit 2008-112 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 including the car P:\reports-pc\2009\4-28-09\Lippich\cup reso.doc 13 Fl Planning Commission Resolution 2009- Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: wash use proposed herein. This commercial use will therefore help achieve the goals and permitted uses of the CC designation. 2. Conditional Use Permit 2008-112 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation with a Conditional Use Permit. 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 2008-112 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. Approval of Conditional Use Permit 2008-112 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 uses. 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; 2. That it does hereby approve Conditional Use Permit 2008-112, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. 14 Planning Commission Resolution 2009- Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 28" day of April, 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 15 PLANNING COMMISSION RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2008-112 LESLIE LIPPICH ARCHITECT AND ASSOCIATES ADOPTED: GENERAL 1. The use of the subject property for a car wash facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2008-1 12 and Site Development Permit 2008-905, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval of April 28, 2009, 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. 4. No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. 5. Hours of operation are limited to 6 am to 10 pm. Seven days a week. There shall be a minimum of two employees on duty at all times. 6. Landscaping shall be continuously maintained with dead plants immediately replaced with like plant material. 7. There shall be continuous on -site maintenance of the car wash area per the Daily Maintenance Schedule submitted and on file in the Planning Department. p\reports - pc\2009\4-28-09\1ippich\cup pc coa.doc 16 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA. APPROVING DEVELOPMENT PLANS FOR AN EXPRESS CAR WASH LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28" day of April, 2009, hold a continued Public Hearing from the meeting of the 141h day of April, 2009, to consider the request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) for approval of development plans for an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive, more particularly described as: APN 609-070-047 WHEREAS, said Site Development Permit has been filed concurrently with a Conditional Use Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. Therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 3rd day of April, 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 La Quinta Architecture and Landscaping Review Committee, at their meeting on the 15L day of April, 2009 reviewed the development plans associated with Site Development Permit 2008-905, 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 approval for the Site Development Permit: P:\reports-pc\2009\4-28-09\lippich\sdp reso.doc 17 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: 1. Site Development Permit 2008-905 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial which permits, with a Conditional Use Permit which has been approved, and anticipates the use as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the Community Commercial designation. 2. Site Development Permit 2008-905 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 2008-905 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. The architectural design of Site Development Permit 2008-905, 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. 5. The site design of Site Development Permit 2008-905, 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 2008-905 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 design and landscaping 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. It.] Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 2008-905, 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 28`h day of April, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ITS If-A10A ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 19 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates 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. 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 from April 28, 2009, 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 WE • Coachella Valley 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 P:\reports-pc\2009\4-28-09\sdp2o08-905 lippich\sdp coa.doc 20 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB- CRB) Region Board Order No. 137-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 5. 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 6. 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 and shall make a good faith effort to acquire easements or other property rights for the adjacent project's deceleration lane transition curb reconstruction. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 22 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 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. 7. The applicant shall offer for dedication or other development application all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. Dedication of Right of Way and Landscape setbacks shall utilize contracts, approved by the City Attorney, for perpetual maintenance, as applicable. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Washington Street (Major Arterial, 120' ROW) — Per the General Plan, the standard 60 feet from the centerline of Washington for a total 120-foot ultimate developed right of way. 2. Deceleration Lane on Washington - An additional right of way dedication along the project measuring Sixty -Eight (68) feet east of the centerline of Washington Street per the Site Plan dated March 24, 2009. 3. Right of Way Extension along the Deceleration Lane Transition on Washington Street at the La Quinta Business Center (SDP No. 2004-814) - The applicant shall put forth a "good faith effort" to attain Right of Way dedication from the adjacent property measuring Sixty -Eight (68) feet east of the centerline of Washington Street per the Site Plan dated March 24, 2009. 9. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for turn lanes, bus turnouts, and other features contained in the approved construction plans. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 23 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 11. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. 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. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, and drainage basins. 13. Direct vehicular access to Washington Street shall be the access point identified on the Site Plan dated 03-24-09, or as otherwise conditioned in these conditions of approval. 14. 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 15. The applicant shall construct the following street improvements to conform with the General Plan A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Per the General Plan, 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) Bus turnout (if required by Sunline Transit) b) A twelve foot (12') deceleration/right turn only lane at Washington Street Entry. The east curb face shall be located sixty feet (60') east of the centerline. The required deceleration lane shall be for the entire length of the project site. c) At the La Quinta Business Center, SDP No. 2004-814, P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 24 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: reconstruct the deceleration lane transition curb to match the curb face found in the deceleration lane (60' east of centerline) as shown on Plan Set Number 06079 Sheet 2 of 5. All construction work on Washington Street shall be approved by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, at the entrance for pedestrian safety. b) Provide lighting sufficient for school zone and pedestrian safety along the ADA pathway. c) Eight (8) foot wide meandering sidewalk. d) Reconstruct and realign the sidewalk at The La Quinta Business Center (SDP No. 2004-814) caused by demolition from the proposed reconstruction and realignment of the curb along the deceleration lane transition per Site Plan dated March 24, 2009. e) If required, modify the half width of a fourteen foot (14') wide raised landscaped median along the entire boundary of the project as approved by the City Engineer. 16. The applicant shall construct all offsite improvements prior to Building Occupancy. 17. 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: Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 18. 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. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 25 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 19. General access points and turning movements of traffic are limited to the following: Washington Street 1. Primary Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 20. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 21. 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 22. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 26 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 23. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Site Plan dated 03-24-09, and these Conditions of Approval. 24. 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. 25. 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. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 27. 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. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 27 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 28. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 29. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan (Optional) 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) E. Off -Site Street Improvement/Storm Drain Plan/Meandering Sidewalk F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Precise Grading Plan 1" = 30' Horizontal The Precise Grading plan shall include: Storm Drain/Underground Retention. NOTE: A through G shall 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. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 28 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: The Precise Grading Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 30. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 31. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 32. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings or equal according to Engineering Bulletin 09-01. IMPROVEMENT SECURITY AGREEMENTS 33. Prior to constructing any off -site improvements on Washington Street, the developer shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the offsite improvements required on Washington Street. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 29 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 34. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 35. 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 all 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. In the event that any of the improvements required for this development are constructed by the City, the applicant shall reimburse the City for the costs of such improvements. 36. 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. 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 37. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 30 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 38. 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. 39. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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. 40. 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. 41. 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 W) 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. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 31 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 42. Building pad elevation shall not differ by more that one foot higher from the building pads in adjacent developments, or 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. 43. 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. The 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 44. 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 and adjacent tributary '/2 street area during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. The required volume of the underground retention system was estimated to be equal to 12,004 cubic feet per the Preliminary Hydrology and Drainage Report for La Quinta Hand Car Wash Commercial Site dated June 3, 2008 and Revised August 22, 2008. The vault design shall be approved by the City Engineer. 45. 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. 46. 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. 47. 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 P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 32 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: granted or dedicated to the local water utility authority as a requirement for development of this property. 48. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 49. 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). 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. 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. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 11Tll ITIFS 53. 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. 54. 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. 55. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 33 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: CONSTRUCTION 56. The City will conduct final inspections of the habitable building only when the building has improved parking lot and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices and pavement markings. LANDSCAPE AND IRRIGATION 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 58. The applicant shall provide landscaping in the required setbacks, and common areas. 59. Landscape and irrigation plans for landscaped areas and setbacks, and medians shall be signed and stamped by a licensed landscape architect. 60. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director 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. 61. 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. 62. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 63. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 34 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 64. The two 36" box size Mediterranean Fan Palms shown in the two landscape parking lot fingers adjacent to the car wash building shall be changed to 15' bth Washingtonia Robusta. 65. All trees proposed in the landscape areas adjacent to Washington Street shall have a minimum trunk caliper of two inches measured at least 12 inches from the ground. PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 67. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 68. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 69. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 70. 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). 71. 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 unless modified by the City Council. FIRE MARSHAL 72. Provide or show there exists a water system capable of delivering a fire flow 8000 gallons per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 73. Approved accessible on -site super fire hydrants shall be located not to exceed 200 P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 35 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 400 feet from a fire hydrant. Fire hydrants shall provide the required flow. 74. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 75. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 76. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 77. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 78. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus 79. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 80. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 36 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 81. Street numbers shall be displayed in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 82. Install a complete commercial fire sprinkler system (per NFPA 13 2002 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 83. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 84. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 85. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2007 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 86. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 California Building Code. 87. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 88. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 89. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 37 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 90. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 91. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 92. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2007 CIVIC 93. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. MISCELLANEOUS 94. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 95. Signage is not a part of this approval. All signs shall comply with the requirements of Zoning Code Chapter 9.160. 96. All parking areas shall be screened from view through the means of a landscaped berm, a three foot high decorative masonry wall, landscaped hedges or bushes with significant foliage, or a combination of all three methods. All screening shall be reviewed and approved by the Planning Director. 97. No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. 98. Design, color and finish of the proposed six (6) foot high sound walls shall be approved by the Planning Director prior to issuance of a building permit. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 38 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 99. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 100. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American monitor. Proof of retention of monitors shall be given to the City prior to issuance of the first earth - moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 101. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the project. 102 Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 103. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. 104. A program and system for recycling of used car wash water shall be implemented and approved by the Planning Director. 105. A six foot high masonry sound wall shall be installed in the landscaping area along the exit drive from the carwash structure. The exact design, location and length of the wall shall be worked out with staff and shown on the final landscaping plans. 106. If the plan with the tunnel along the north property line is approved, the quantity of trees adjacent to the east property line shall be doubled along the east property line and adjacent to the car wash tunnel. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 39 ATTACHMENT # 1 Planning Commission Minutes April 14, 2009 Alderson opened the public hearing and asked forylWstaff Planning Direct es Johnson noted this was t second continuation for this item, and s taff would like to r edule it to the April 28, 2009 meeting to allow a ' 'onal timelpOrddress all of their concerns. Chairman Alderson asked if t any comments from the public. There were no commen rom the pu and he then closed the public Zhhearingportio the meeting. Therer discussion from the Commission it was movedd by Commissioners Barrows/Wilkins toContition 2006-1078, Amendment No. 1 to th P ning Commission meeting of April 28, 2009. Unanimously pproved. B. Site Development Permit 2008-905 and Conditional Use Permit 2008- 112; a request by Leslie Lippich Architect and Associates for Yury Levitan for consideration of architectural and landscaping plans for a 4,924 square foot express (self-service) car wash to be located on the east side of Washington Street, approximately ±780 feet north of Fred Waring Drive. Chairman Alderson 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. Principal Planner Sawa said staff had received an e-mail from Mr. Marvin Roos, Director of Design Development with MSA Consulting, representing the Robert Capri Corporation expressing concerns regarding the proposed requirement for a deceleration lane for the car wash entry located on Washington Street. Mr. Roos noted in his e-mail there was no professional traffic analysis indicating the need for a deceleration lane; nor would the car wash generate the amount of trips per peak hour that would trigger the threshold identified by the City to require a deceleration lane. Mr. Roos stated his concern was that the condition, as written, would create an off -set curb condition for the adjacent Mayer Villa Capri project at the northern driveway and the off -sets could be confusing and possibly dangerous to motorists. Mr. Roos proposed the condition state the driveway curbs not be off- P:.Reports PCA2009-4 28 09V°C MIN 4 14 09 Draft.dec 40 Planning Commission Minutes April 14, 2009 set and the deceleration lane start northerly of the Mayer Villa Capri approved entry on Washington Street. Mr. Roos noted a second concern in his e-mail pointing out that the landscaping plans submitted for the car wash did not indicate any ground cover for the area between the car wash and the property line. He said he hoped that area would be covered with decomposed granite and rockscape as shown elsewhere on the landscaping plans. Chairman Alderson asked if there were any questions of staff. Commissioner Weber asked if the hours of operation for the car wash were specified in the Code. Staff replied they were not and that the closing time was indicated by the applicant. Commissioner Weber asked if there were any requirements to prepare a noise study. Staff replied there were not. Commissioner Weber asked if the applicant was in agreement with the condition to install some type of a sound barrier wall to help deflect the noise from the tunnel. Principal Planner Sawa indicated it was his understanding that the applicant was in support of the condition. Chairman Alderson asked Principal Engineer Ed Wimmer to explain the issue concerning the deceleration lane as expressed by Mr. Roos in his e-mail. Principal Engineer Wimmer explained deceleration lanes were usually required on major arterial streets, however, if an applicant demonstrated that less than fifty vehicles per hour would be generated in the peak hour, then a deceleration lane would not be required. He said this project was exempt from CEQA requirements and therefore, did not require a traffic study. Public Works had conducted an in- house analysis in regards to the IT trip generation rate for similar type projects and it had identified that the trips generated would be in the area of forty-five vehicles per hour in the peak hour, which would not be enough to require a deceleration lane. However, in this case, the applicant offered to put the deceleration lane in front of his property. The proposed deceleration lane at 116 feet would not qualify for a complete design for a deceleration lane, but it would provide an opportunity for the traffic wanting to turn into the car wash to move into the lane and allow the faster moving traffic through on the outer lane on Washington Street. Principal Engineer said staff did not share the concern expressed by Mr. Roos and felt that the proposed deceleration lane would be a benefit to Washington Street and would help move traffic along. 41 Pnfteports PCi20090 28 09\.°C MIN 4 14 09 OraR.doc Planning Commission Minutes April 14, 2009 Commissioner Weber asked what the speed limit was for that location on Washington Street. Principal Engineer Wimmer replied the posted speed limit was fifty mph. Commissioner Weber pointed out other partial deceleration lanes already in existence near the project. Staff explained the benefits and connectivity between the partial deceleration lane for the car wash and the adjacent La Quinta Business Center. Commissioner Weber asked if the applicant would be submitting final landscaping plans as the ones currently submitted were marked as drafts. Principal Planner Sawa replied the applicant would be submitting final landscaping plans for approval, based on the Commission's decision and direction. Chairman Alderson asked to clarify that the applicant would address the landscaping for the area between the car wash and the property line in the final landscaping plans. Staff confirmed. Commissioner Quill commented that if the car wash site plan was submitted as a mirror image of itself, the parking area would be facing the Mayer Villa Capri parking lots. That would allow for connectivity between the two projects and would eliminate the necessity for two driveways that were only 150 feet apart from each other, as one access point could be used for both projects. He noted the deceleration lane, if the same access point is used, would have to be extended over the Mayer site as well. Commissioner Quill asked staff why flipping the site plan was not considered in the preliminary review of the project especially in terms of sustainability, preservation, and keeping vehicles off the main arterial for trip reduction. Planning Director Johnson said there was a lot of discussion about having the car wash design flipped and he noted the original proposal by the applicant did have the building flipped. He explained the driveway into the car wash in the original plans was not shared; however, it was adjacent to the one for the Mayer Villa Capri site. Staff had extensively discussed the issue of connectivity between the two projects and the Mayer Corporation was not in support of it because of concerns regarding potential access logistics, traffic flow, and the stacking of vehicles for the car wash creating a problem for the Mayer Villa Capri site and the site design to the south. He noted 42 P .Reports PC'.2009%a 28 09TC MIN 4 14 09 QraR_doa Planning Commission Minutes April 14, 2009 the issue had been discussed at length as staff shared the same interest and concern expressed by Commissioner Quill, however, both parties were not supportive of having the connectivity between the two projects. General discussion followed regarding what the potential issues would have been if there was a shared driveway for both projects. Commissioner Wilkinson asked about the length of the drive area from the access point on Washington Street to the car wash pay station and approximately how many cars would be accommodated in the three lanes. Staff replied approximately twenty vehicles, but that the applicant would be able to better answer those questions. Chairman Alderson asked about the height of the wall and if the applicant was supportive of it. Staff responded the recommended height was six feet and that the applicant would comply with the condition. Chairman Alderson inquired if the recommendations made by the ALRC regarding the building color palette and types of palm trees used had been incorporated into the submitted plans. Staff replied the recommendations were not addressed in the plans, but were made part of the conditions of approval. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Robert Palmer, Leslie Lippich Architect and Associates, Inc., 4766 Park Granada, Calabasas, CA 91302, introduced himself and offered to answer any questions the Commission might have. Commissioner Quill inquired how the polycarbonate clear roof material of the car wash would be made to look like copper. Mr. Palmer replied the polycarbonate material was available in different colors and the architect chose to use the bronze, or copper -like, color because the car wash would be in the southwest and it would blend better with its surroundings. He explained the material was chosen because it was light, cost effective, and allowed sunlight to get through to the car wash tunnel during the day eliminating the need to have lights on. Commissioner Quill asked about the design of the vacuum cleaners. Mr. Palmer explained the vacuum cleaners would look like hoses 43 P:1Roporis PC2009428-09\PC VIIN 4 1409 QrIhAlc Planning Commission Minutes April 14, 2009 running across a canopy and dropping down, similar to full service car wash vacuum cleaners. Commissioner Quill said the canopy was not identified on the site plans. Chairman Alderson concurred. Mr. Palmer replied the canopy was not identified because it was subject to a different permit. Planning Director Johnson stated the applicant had never mentioned to staff that there would be a canopy. Commissioner Quill noted the Commission was being asked to approve the plans without knowing what the canopy would look like, even though it was an architectural design feature of the car wash. Commissioner Quill asked about the trash receptacles and what measures would be taken to ensure that they get emptied out on a regular basis. He was also concerned about the applicant making sure the parking lot would be consistently swept and kept clean. Yury Levitan, Owner of the Express Car Wash, 11501 Donna Evita Drive, Studio City, CA 91604, introduced himself and addressed Commissioner Quill's previous question regarding the vacuum cleaning equipment. He said they would be using Vacuum Tech, a company which specialized in custom design of central vacuum systems and explained where the equipment would be located and how it would work. Mr. Levitan said there would always be at least two employees present at all times at the car wash and they would be in charge of maintenance and monitoring cleanliness of the site. Further, the volume of business would determine the appropriate manpower necessary to maintain the car wash. Commissioner Quill asked if the car wash was fully automated. Mr. Levitan replied the car wash would be fully automated. He said payment would be rendered through computers located at each of the three lanes as the cars entered the car wash and explained the process. Commissioner Quill asked about the aesthetic design of the trash receptacles and if there would be one at every parking space. Mr. Levitan replied the design had not yet been determined and there would be trash receptacles at every parking space. 44 P:AReports - PC\2009AA 28 09\PC MIN 4 14 09 Drait.dnn Planning Commission Minutes April 14, 2009 Commissioner Quill asked where the vending machines would be located. Mr. Levitan noted the vending machines would be located in the building niches. Commissioner Quill asked about the type of material that would be used for the parking lot. Mr. Levitan said, due to the high temperatures in the desert area, it would most likely to be concrete instead of asphalt. Commissioner Quill asked, and the applicant confirmed that he would not object if the Commission conditioned him to use concrete. Commissioner Quill asked for details on the site lighting. Staff replied a requirement for additional design information on the lighting was included in the conditions of approval. Mr. Levitan said the lighting plans had not been completed, but sufficient lighting would be provided to allow for the car wash to operate at night. Commissioner Quill inquired about the hours of operation for the car wash. Mr. Levitan said the car wash would be open from 6:00 a.m. until 10:00 p.m., but if business was very slow, it would trigger an earlier closing time. Commissioner Quill asked if there would be employees present at the car wash during all hours of operation. Mr. Levitan replied there would. Commissioner Quill inquired about the close -down process and what it would involve. Mr. Levitan explained all outside equipment would be put away in the mechanical room, the gates to the tunnel would be closed, and the site would be secured with an alarm system. Commissioner Quill asked if there would be end -of -day parking lot maintenance. Mr. Levitan replied parking lot maintenance would be done two to three times a day. Chairman Alderson asked if the two car wash employees would be the ones designated for the maintenance of the car wash. Mr. Levitan said the two employees would be in charge of maintenance, but if volume was high and more manpower was needed, more employees would work the site. Commissioner Quill asked if the water would be recycled and what would be the recycling process. Mr. Levitan explained the water recycling process. 45 P:'t.Reports PC2009`'a 28 091PC MIN 4 1409 Draft.dor Planning Commission Minutes April 14, 2009 Commissioner Quill asked approximately how much water would be used to operate the car wash. Mr. Levitan gave an example of the car wash in Palm Desert and stated the water bill for that operation was from $300 to $400 per month. His estimate for the La Quinta car wash would be between $400 and $500 per month. Commissioner Quill asked who would be in charge of maintaining the landscaping. Mr. Levitan replied a landscaping company would be put in charge on a weekly basis. Commissioner Wilkinson inquired about the warranty for the polycarbonate roof material. Mr. Palmer replied the warranty was at least 10 years, possibly more. Commissioner Wilkinson asked about heat generation within the car wash tunnel, considering the translucent roof material would allow a substantial amount of heat to build up in the tunnel. Mr. Palmer asked for the elevation plans to be displayed. He explained the top of the car wash tunnel at the front, and rear elevations, would be open for ventilation, as well as the tunnel doors being open during operating hours. Commissioner Wilkinson expressed concern regarding the durability of the roof material. He also concurred with Commissioner Quill's comments regarding not having any information on the color palette, shade structure, lighting, trash receptacles, etc. Commissioner Barrows asked if the proposed polycarbonate roof material had been used in other places with similar weather conditions. Mr. Palmer replied the same roof material was used for a similar car wash in Las Vegas. He said the main reason the material was preferred to other materials was because it was light and translucent. He explained there was no roof equipment and it was a self supporting structure. Commissioner Weber echoed the concerns regarding the roof material expressed by his fellow Commissioners in terms of durability, discoloration, and heat generation. He said the applicant should try to provide an example of where the material was used successfully. Mr. Palmer noted the polycarbonate material was generally used for green houses and therefore it would be able to sustain the heat. He explained there wouldn't be high levels of heat generated in the car wash tunnel because in addition to the roof and door openings on both 46 P.,Rsporrs PC\2009`'A 28 09`,PC MIN 4 14 09 Drah.dor, Planning Commission Minutes April 14, 2009 ends of the tunnel, the entire car wash process required the use of water which would further reduce the heat levels. Mr. Palmer said the car wash tunnel was only for the car wash operations, the on -site office and restrooms were located to the side of the car wash building and were not under the polycarbonate roof material. Commissioner Weber clarified that his concern was not in terms of generating heat inside the car wash tunnel, but rather whether or not the polycarbonate material was durable enough to sustain the high temperatures of the desert. Mr. Palmer noted 'that was why he mentioned that this type of material was generally used for green houses. Commissioner Weber asked for the applicant's comments on the deceleration lane and expressed his concern regarding traffic safety and possible future liability for the City of La Quinta. Mr. John Hacker, Civil Engineer, 77810 Las Montanas Road, Palm Desert, CA 92260, introduced himself as part of the applicant's design team and provided his expertise on the traffic analysis for the car wash. He said, based on the estimated trips generated and the car wash design, there should be no backing up of traffic and no need for a deceleration lane. Mr. Hacker addressed the Commission's concern regarding the maintenance of the car wash. He said staff requires the applicant to submit a report for Best Management Practices (BMP) which identifies in detail how the applicant is to maintain the site. A newer trend is to also require the applicant to sign the report committing him/her to perform by the identified BMPs. Commissioner Weber asked for comments about the reverse design of the car wash. Mr. Hacker replied the original plans for the car wash were reversed, but the Robert Mayer Corporation was not in favor of that design. He noted Mr. Levitan did not object to having the car wash designed either way. When the applicant was asked by staff to flip the design and re -submit the site plans, he agreed. Chairman Alderson asked Mr. Hacker if he was the Civil Engineer for the car wash project. Mr. Hacker said he was. Chairman Alderson inquired about the symbols on the grading plan indicating the grease and sand traps. Mr. Hacker explained those were part of the 47 P:-Reports PC�12009,4 28 09�PC MIN 4 14 09 Drnft.doc Planning Commission Minutes April 14, 2009 architectural design and he was not involved in that part of the project. He said he would provide an underground storm trap to channel the water. Chairman Alderson commented the grading plans did not have sufficient information indicating the flow of the storm drain water. Mr. Hacker said the water in the submitted design was being channeled to the underground storm pipes and a minor amount of water was directed to a small catch basin at the entrance. Mr. Hacker explained the works of the underground water receptacles and the catch basin and noted the design could be modified during the final grading. Chairman Alderson expressed concern that there was only one catch basin and, if it were to plug up, the water would not have a second place to drain. Mr. Hacker replied there was a second catch basin above the receptacles. He said additional catch basins could be easily installed. Chairman Alderson asked if there was any public comment. Ms. Terry Forward, Coldwel) Banker Commercial, introduced herself as a representative of the owner of the La Quinta Business Center, 43- 576 Washington Street, La Quinta, CA 92253, located to the north of the proposed car wash, and asked for an explanation as to whether or not there would be some type of sound barrier protection to ensure there would be no nuisance noise for those tenants. Principal Planner Sawa replied there were no walls proposed along the north property line, only landscaping. Ms. Forward inquired about the type of landscaping. Staff said the plans identified alternating citrus and palm trees along the north border. Ms. Forward asked if there could be possible accommodation for a different type of landscaping or a sound wall barrier. Staff replied the Planning Commission had the authority to impose such a requirement on the applicant if it was determined to be necessary. Commissioner Quill asked if staff had required the applicant to submit acoustic information on the car wash equipment and operation. Planning Director Johnson replied acoustics were not requested. He explained staff had identified the need for a wall along the eastern property boundaries because of the new school to the east; however, staff did not define a requirement for walls along the north and south property lines. 48 P:%Reports PC2009':4 28 09RC MIN 4 14 09 Draft doc Planning Commission Minutes April 14, 2009 Commissioner Quill asked if staff had asked the applicant to submit some type of a decibel (DB) analysis on their operation and if there was an established threshold. Staff replied the Code identified a standard DB level, but based on the proposed operation, staff had no reason to believe that it would exceed the City's established standard requirements. Staff did not require the applicant to conduct any type of noise analysis. Chairman Alderson asked Ms. Forward if the answer provided by staff was sufficient or if she insisted on further consideration for acoustic protection. Ms. Forward noted her client would not be in favor of reversing the site plans as it would put the car wash building closer to the La Quinta Business Center structure. Mr. Marvin Roos, MSA Consulting, 34200 Bob Hope Drive, Rancho Mirage, CA 92270, representing the Robert Mayer Corporation, introduced himself. Mr. Roos said he had reviewed the car wash site plans when the design was reversed and noted the plans identified a separate access for the car wash from Washington Street. He said there was never any intent to have a joint driveway for both projects. He explained the way the building and parking lot were laid out, there would not have been sufficient space to make the connection between the two projects and there were concerns that it might block up the Mayer Villa Capri project's service drive. He noted he was surprised to see the design reversed as his impression was the original design was to remain without the connectivity. He said the Robert Mayer Corporation is in support of the car wash project. Mr. Roos said there was an issue with the location of the trash enclosure which had been addressed. Mr. Roos explained his client's concerns in having the deceleration lane and demonstrated the traffic movement on the site plan. Mr. Roos said the only concern his client had was that the submitted landscaping plans did not indicate any ground cover for the area between the car wash and the property line. He stated he was not sure if the plans were simply hard to read or if the applicant had in fact planned to cover the area with the same decomposed granite and rockscape shown elsewhere on the landscaping plans, but he just wanted to address the issue. Mr. Roos said he was available to answer any questions the Commission might have. 49 PnReports PC.20M4 28 091,PC MIN d 14 09 Dra t.doc Planning Commission Minutes April 14, 2009 Commissioner Quill said he could tell the connectivity issue had been previously discussed in detail, but he did not get the impression that there was adamant opposition from both parties to flip the car wash design and come up with some type of connectivity between the two projects as well as a shared, wider driveway as opposed to two separate driveways. He noted he could tell both applicants were not in favor of the idea, but it seemed like the issue was still open for discussion. Mr. Roos replied he could not say whether or not the Robert Mayer Corporation would be willing to discuss the issue as he needed to confer with them first. Mr. Roos explained why a shared driveway might be a major issue for the Mayer Villa Capri site and what possible repercussions it might have to the deceleration lane. He emphasized the fact that the car wash site plan posed constraints to having the connectivity between the two projects. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber said, based on the comments provided, additional work could be done to make the project better. He said he appreciated the ALRC comments about the use of more vibrant colors and additional planting. He noted he had inspected the site based on the concern expressed in an e-mail by a resident from a development located on Washington Street (across from the car wash.) He found that, based on her location, there would be no noise issues for her. He found the overall design of the car wash to be very nice. He liked the lay out and the trellises very much. He commented it would be optimal to incorporate a shared driveway with the Mayer Villa Capri project. If the design remained as currently submitted, he thought the deceleration lane to be appropriate and he looked forward to seeing more detailed landscaping plans. Commissioner Barrows did not have any additional questions or comments. Commissioner Wilkinson said he concurred with Commissioner Weber's assessment that the noise from the car wash on the south end would not be an issue for the nearby residential developments. He said he would prefer to see the design of the car wash flipped, which he thought would also be better for the commercial building located to the north of the project. He expressed a concern about the use of polycarbonate roof material as he questioned its durability. He 50 P iRepans PC't2009%4 28-09',PC MIN 4 14 09 Draltdoo Planning Commission Minutes April 14, 2009 said he would like to know what the design of the shade structure was as well as some type of lighting information. He said additional information needed to be submitted by the applicant. Commissioner Quill said he concurred with his fellow Commissioners. He said he would like to see what the trash receptacles would look like, how many would be there, and where they would be placed within the site. He stated he would like to see the design of the vacuum trellis system. He would like to see some shaded parking provided by the vacuum system area, preferably having half of the parking lot as a shaded structure. He pointed out there was no sign information provided. He said he would like to see the architectural design of the pay stations. He expressed concerns regarding acoustics generated by the vacuum cleaners and would like to see additional information provided. Commissioner Quill would like the applicant to submit lighting details on the site as none were provided. He stated he would not be in favor of the project without any connectivity between the car wash and the Mayer Villa Capri site. Chairman Alderson said he agreed with most of the previous comments made by the Commissioners. He stated he would like to see detailed information on the trellises and the acoustics addressed. He noted he found the project to be well designed and beneficial to the City. He said it would have been beneficial to have the architect present to provide detailed answers to the Commission's questions. Chairman Alderson noted he did not concur with his fellow Commissioners that there was a need for a common driveway because the service traffic for the Mayer Villa Capri site would interfere with the commercial traffic for the car wash, possibly creating confusion and a dangerous situation. He found the two separate driveways to be more beneficial and a far better layout. He noted the applicant and staff had spent a lot of time and effort trying to figure ,out a way to create connectivity between the two projects only to find out that it would not be very practical to do so. He said flipping the site design would cause concern for the La Quinta Business Center owner because it would place the building adjacent to that office center. Chairman Alderson said he did not want to lose this project, but the applicant needed to provide additional information before the Commissioners could objectively cast their votes. He emphasized the need for specific information such as the quantity of water that would be used (not the dollar amount of the water bill.) He said he visited Mr. Levitan's car wash operation in the City of Palm Desert and 51 P:\Reports PC2009\4 28 09\PC MIN 4 14 09 Draft.doc Planning Commission Minutes April 14, 2009 complimented him for running a well maintained car wash business. Commissioner Weber suggested they continue the project to the next Planning Commission meeting to give the applicant a chance to provide the additional information requested. Commissioner Quill noted that two weeks might not be sufficient time for the applicant to address all of the issues raised. He asked staff if the project needed to be continued to a specific date. Staff replied it did not have to be date specific, but it was preferable. Planning Director Johnson asked to clarify the items the Commission would like to be addressed and suggested the following: • Detailed information on the roof material. ■ Trash receptacles design, spacing, and location. ■ Pay station design. ■ Vacuum trellis detail. ■ Noise decibel allowance for the car dryers, not a full noise study, but an independent analysis that would provide identification of the impact at the property line. ■ Site lighting detail identifying the type of fixtures to be used and the throw pattern. ■ , Identify the approximate quantity of water to be used. Planning Director Johnson said the Commission made comments on having a shared drive, reversing the plans, and possible connectivity between the two projects. There were comments made for and against these items and he asked the Commission to give staff clear direction on how to address those issues. Commissioner Quill stated he was adamant about having the connectivity and the shared driveway issues addressed. He said he would like to see the Best Management Practices (BMPs) included in the conditions of approval which would give the City the right to enforce proper maintenance of the site, if necessary, in the future. Assistant City Attorney Michael Houston explained that enforcing proper maintenance in the future through BMPs may be difficult because the property rights lie with the conditional use permit (CUP) and it vests once operation begins. He said if the Commission had specific concerns along the lines of enforcement that those be clearly stated allowing enforcement to be managed. 52 P-Rvports PC.2009:4 28-09',PC MIN 4 14 09 DrahAor, Planning Commission Minutes April 14, 2009 Commissioner Barrows said, in addition to the amount of water being used, she would like more information on the recycling system indicating how much water would be saved, and details on the water efficiency of the entire operation. Assistant City Attorney Houston said when an item was continued procedurally, it needed to be continued to a date specific time. If the Commission did not want to continue the item to a date specific time, the item should be tabled, which would indicate that it was indefinitely postponed. He noted staff would prefer the item be continued to a date specific time and if additional time was needed the item could be continued again. Commissioner Quill asked staff what would be a reasonable amount of time to allow the applicant to address all issues. Planning Director Johnson replied four weeks would be reasonable. Chairman Alderson re -opened the public hearing portion of the meeting. Chairman Alderson asked the applicant how much time would be needed to provide the information requested. Mr. Levitan asked if the conditional use permit could be approved by conditioning the applicant to provide the requested information subsequently. He expressed his concern that additional specialists would have to be hired to provide such detailed information, without having an approved project. Chairman Alderson replied the Commission would like to give Mr. Levitan an opportunity to provide the necessary information, but could not be responsible for the costs incurred during that process. Mr. Bob Reordan, Real Estate Broker with R.G. Reordan, Inc., 60217 Wishbone Court, La Quinta, CA 92253, introduced himself and thanked the Commission for their willingness to work with the applicant. He explained that timing was of the essence with regards to the close of escrow. He asked the Commission to continue the item for only two weeks, until the next Planning Commission meeting scheduled for April 28, 2009, which would give the applicant the opportunity to meet the escrow deadline. Mr. Reordan pointed out the applicant had originally submitted the plans with the reverse design and had changed at the request of City staff and comments from the Robert Mayer Corporation. 53 P. %Repor7s PC+2009.4 28 09TC MIN 4 14 09 Gmf',doc Planning Commission Minutes April 14, 2009 Chairman Alderson consulted with staff regarding having the meeting continued to the next Planning Commission meeting. Planning Director Johnson replied as long as the applicant could provide the requested information staff would work with them to meet the deadline. If more time was needed, that could be addressed at the next meeting. Planning Director Johnson wanted to clarify that the Robert Mayer Corporation was not involved in the recommendation to flip the plans for the car wash and that it was strictly staff's direction. He explained staff felt this design was more advantageous once it was determined there was not going to be an access on the south. There was no further discussion and it was moved and seconded by Commissioners Weber/Barrows to continue Site Development Permit 2008-905 and Conditional Use Permit 2008-112 to the next Planning Commission meeting on April 28, 2009. Unanimously approved. Sign Application 2003-682 Amendment No. 1; a reque by Washington 111, Ltd. for consideration of a proposed sign rogram \report. include revised monument signs and u er-canopy their retail center located south of ighway 111 gton Street and Adams Street. on opened the public hearing d asked for the staff Principal Planner A new Mogensen p sented the staff report, a copy of which is on file in t Planning D artment. Chairman Alderson asked i e were any questions of staff. There being no further uestl s of the staff, Chairman Alderson asked if the applicant ould like t ddress the Commission. /Ctional Sane Project Manager, representing the developer, on 1, 78365 Highway 11 La Quinta, CA 92253, d mself and said the sign progr amendment was aimed Ing up the shopping center and tr g to bring awareness tional signage for the existing tenants ho had expressed . He explained the developer had r pasted the two l monument signs to be placed along W ington Street oftentimes when giving directions to busin ses located 54 P:;Roporis PC 2009 4 28 09 PC MIN _4 14 09 Drafi.doc ATTACHMENT 2 SEE NOTEBOOK 55 ATTACHMENT 3 received April 16, 2009 Mr.Les Johnson Planning Director, City of La Quinta P.O.Box 1504, 78-495 Calle Tempico La Quinta, CA 92247 RE: Building of Car Wash next to the property located at 43-576 Washington Street. APR 2 0 2009 City at w QWntu MMM68 Depwm d Dear Mr. Johnson, I am the new owner of the property located at 43-576 Washington Street. I am interested in starting a medical clinic in the building which will serve the people of La Quinta and surrounding area. My representative, Dr.Terry Forward of Coldwell Banker Commercial properties attended the planning commission meeting on April 14a' 2009 on my behalf. Commissioner Quill proposed that the car wash site plan be "flipped" to a mirror image, which would be of concern to the LQBC and disturb the quite enjoyment and environment of the tenants by the continuous noise and pollution created by the car wash. I strongly oppose the proposal to have the car wash in that location which will be a great disturbance to the quiet environment of a medical clinic. Certainly, the car wash tunnel should not be allowed to abut our medical clinic. If the car wash is approved, as recommended by the planning commission members, it should be at the north side of the shopping center. Also, I want to request that a 6 foot wall with sound proofing be built between my property and the property owned by Robert Darby and Kenneth Friess (cash -wash site) to mitigate the noise. If you have further questions, I will be more than happy to meet with you discuss the matter. Thank you for your consideration. Dr. J.E. Chandrashekar, M.D. 39000 Probst Building Suite 103 Rancho Mirage, CA 92270 Phone: 760-347-0707 Email: Chandra_shekar@dc.rr.com 56 ATTACHMENT 4 _ J- CASE MAP LIPPICH I SCALE: NTS 57 ATTACHMENT 5 , ti Al -W I I Nz IT , 07 YER __JT SIT E O)l D ATTACHMENT 6 SEE LARGE PLANS 59 ATTACHMENT 7 SEE LARGE SHEET MY PH#C STAFF REPORT PLANNING COMMISSION DATE: APRIL 28, 2009 CASE NO: SIGN APPLICATION 2006-1034 AMENDMENT NO. 1 APPLICANT: KOMAR INVESTMENTS, LLC PROPERTY OWNER: KOMAR INVESTMENTS, LLC REQUEST: CONSIDERATION OF A SIGN PROGRAM AMENDMENT TO INSTALL TWO DIRECTIONAL SIGNS WITHIN KOMAR DESERT CENTER ON THE MAIN DRIVE. LOCATION: SOUTH OF HIGHWAY 111 AT DEPOT DRIVE ENVIRONMENTAL CONSIDERATION: ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTION 15311(a) GENERAL PLAN DESIGNATION: CR (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) SURROUNDING ZONINGILAND USE: NORTH: REGIONAL COMMERCIAL (CR) / REGIONAL COMMERCIAL (RC) SOUTH: MAJOR COMMUNITY FACILITIES (MC) / MAJOR COMMUNITY FACILITIES (MC) EAST. CITY OF INDIO WEST: REGIONAL COMMERCIAL (CR) / REGIONAL COMMERCIAL (RC) VACANT BACKGROUND: The Sign Program for the Komar Desert Center (Attachment 1) was approved at the December 2007 meeting and addressed signage for all of the buildings within Komar Desert Center including Mimi's Cafe and Souplantation and two monument signs along Highway 111. Signage for Costco Wholesale was approved under a separate Sign Application. SA 2006-1034 Amd No 1 PC STAFF REPORT 1 SIGN PROGRAM PROPOSAL: The applicant is proposing two flat aluminum non -illuminated directional signs (Attachment 2) on the west side of the main drive for Komar Desert Center. The sign face area of each sign is at 20 square feet. The sign will be mounted on the ground with two aluminum square tubes. The signs will have space for up to twelve individual tenant panels on each face (Attachment 3). ANALYSIS: Although referenced as directional signs, directional signs are pedestrian in nature, not vehicular oriented. The signs, as proposed, are not considered pedestrian in nature due to their size, location and orientation along the main vehicular access into the center as well as the lack of walkways for pedestrians. Consequently, staff has analyzed the proposed signs as additional freestanding center/business identification signs as provided for in the Sign Code. The table below provides a summary of the Sign Code requirements for freestanding signs within a multi -building shopping center as compared with the applicant's proposal: Sign Type and Placement Number of Signs Area of Signs Height of Signs Type of Illumination Additional Information Freestanding Maximum 0.25 s.f. of 8 feet Direct or Aggregate center or of one lineal ft. of indirect for sign area complex sign per street all signs may not be identification street frontage combined sign for a frontage up to a among street multi -building maximum frontages. Sign Code shopping of 50 s.f. Letter height center per sign shall be a and 100 minimum 10" s.f. high aggregate for all signs Freestanding Two 20 square Height of No sign for signs on feet sign illumination commercial the west proposed center along side of at 69" Applicant's the main the main Proposal drive to direct drive into vehicular the traffic within shopping the shopping center center SA 2006-1034 Amd. No. 1 PC STAFF REPORT 2 Type of illumination The applicant is proposing non -illuminated signs even though per the code directory signs may be directly or indirectly illuminated. Non -illuminated signs have less impact than illuminated signs whether it is direct or indirect illumination. FINDINGS: The following findings can be made in support of Sign Application 2006-1034 Amendment No. 1 A. Sign Application 2006-1034 Amendment No. 1, 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 2006-1034 Amendment No. 1, 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 2006-1034 Amendment No. 1, 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 2006-1034 Amendment No. 1, 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 2006-1034 Amendment No. 1, as recommended is consistent with the purpose and intent of the sign adjustment review process in that the sign adjustment to allow an additional freestanding sign is necessary to overcome a disadvantage as a result of the orientation of building within Komar Desert Center. PUBLIC COMMENTS: This project was advertised in the Desert Sun newspaper on April 16, 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 2006-1034 Amendment No. 1, based on the findings and analysis included in the April 28, 2009 Planning Commission Staff Report for Sign Application 2006-1034 Amendment No. 1, and subject to the following conditions: SA 2006-1034 Amd. No. 1 PC STAFF REPORT 4 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. 2. Only one additional freestanding sign is approved in the design, size and height as identified in Attachment #2 and shall be located at the location of proposed Sign #2 as shown on Attachment #4. 3. Per Section 9.160.050, exact freestanding sign locations shall be subject to issuance of a sign permit consistent with the Sign Program and the City's Zoning and Building Code requirements. Prepared by: nner 1. Vicinity Map 2. Sign Location Exhibit 3. Sign Exhibit 4. Recommended approved location SA 2006-1034 Amd. No. 1 PC STAFF REPORT 5 ATTACHMENT 2 I ; I � xoo J ® I O � . •I �I • v I 5 ���F 1'Ea F ��� 6 � - ,•� m G a � � p• K — m� r m m o r 0 r p 0 Tm Tm log °n n a m C] Ji. J III i w ,an v mi DIRECTORY SIGN LOCATION PLAN Fw \ � z « ATTACHMENT 4 6 ic- I 6I=I1 e= g F I e J lu' lU"ul IUI IUI o - I�_ �U X J m 6 z m F I O mo O vi i� r o i n m 1 z -X r� m J ^ B b � b J 0 o ° oc oo Izi �°� p a m r o o rnti = N4m _ m n �f l � p�N i oom000Wo pp pp n II•s•1 i I� gyp• IB b B IIzII c[s. DIRECTORY SIGN LOCATION PLAN LAW OFFICES OF EALY, HEMPHILL & BLASDEL, LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP W. Curt Ealy 71780 San JacInto Drive, Suite I-3 EmAy Perri Hemphill Rancho Mirage, California 92270-5518 Diane C. Blasdel Telephone (760) 340-0666 Facsimile (760) 340-4666 April 28, 2009 Via Electronic Mail to: LiohnsonCa la-auinta,org received Via First Class Mail APR 2 8 2009 COY of La QuIMa Les Johnson RonningDepadmeM Planning Director city of La Qulnta 78-495 Caile Tampico La Quinta, California 92253 Re: Desert Express Car Wash Dear Mr. Johnson: As you know, this office represents The Mayer Company, owner and developer of the Villa Capri project. I have recently been advised by my client that the City is again discussing the possibility of requiring a shared driveway between the Villa Capri project and the Desert Express Car Wash being proposed for property immediately north of Villa Capri and fronting on Washington Street. As you know, the Issue of this shared access was raised while the Villa Capri project was going through the process of approval with the City. When the shared driveway issue was first raised, my client met with the developer of the car wash in order to discuss the possible need for this shared driveway and the challenges that it presented. At that time, we received a site plan showing a proposed location for the shared driveway, which I understand is the site plan that you are currently considering. When my client met with the car wash developer, both parties agreed that the shared driveway did not make a positive contribution to the operations of either project. At that time, the car wash developer indicated that they did not request the shared driveway, but were acceding to it in order to expedite approval of the project. The shared driveway presented several problems for my client, and therefore Larry Brose and I met with La Quinta Staff, including yourself, on February 6., 2009 in order to discuss this Issue. At that time we explained that the shared driveway was, in our view, extremely problematic. The issues raised by the shared driveway Include (1) potential blocking of traffic lanes due to stacking within the car wash itself, (2) problems with interaction with traffic on the drive adjacent to the car wash as this driveway on our property is intended primarily for delivery trucks and therefore delivery trucks would be forced Into interactions with vehicles coming in and out of the car wash, (3) the Impact upon tenant recruitment that this change in circulation causes is extremely problematic in the current market, and (4) the Introduction of vehicles from the car wash would require that Mayer modify or renegotiate current cost share and maintenance agreements with the tenants. As you know, we have been working with tenants for the Villa Capri project, and LAW OFFLCES OF EALY, HEMPHILL & BLASDEL, LLP April 28, 2009 Page 2 the requirements of those tenants Included approval of the Circulation Plan. The Introduction of the shared driveway and the conflicts that it represents would require re - approval by the proposed tenants. Given the current market, it is highly likely that such re - approval would not be forthcoming and therefore the Villa Capri project would be handicapped with respect to its relationship to its tenants. As we explained at the time, the introduction of this complication when we were several years into this project with the City presented extreme difficulties and risk of loss of tenants. Given these problems, counterbalanced by the lack of positive contribution that such a shared driveway would make, Staff agreed with Mayer that the shared driveway would not be necessary and therefore the Villa Capri project was not conditioned to provide such a shared driveway. For the same reasons that we have cited above, and as we discussed in our February 6`" meeting, The Mayer Company remains opposed to the shared driveway between the Villa Capri and the Desert Express Car Wash, and we therefore request that such a condition on the car wash not be Imposed. Hemphill hill & Blasdel, LLP EPH/les cc; R.J. Mayer ce'af 4 4 Qaba MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Director q DATE. April 28, 2009 SUBJECT: Sign Application 2006-1034 Amendment No. 1 The following Condition was inadvertently omitted from the recommended Conditions of Approval. Please include the following recommendation as part of the Conditions of Approval for the subject Staff Report: 4. The panels on the freestanding monument sign on Depot Drive shall be limited only to the tenants in Buildings A, B, C, and D. cgu�t 4 4 QuArdi MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Directo DATE: April 28, 2009 SUBJECT: Sign Application 2006-1078 Amendment No. 1 The applicant, Mr. William Schmitt, has withdrawn the subject Sign Application. Mr. Schmitt indicated that an application may be resubmitted in the future, pending an agreement of the property owners within the Dunes Business Park. Attachment: E-Mail Yvonne Franco From: Schmitt, William [WSch mitt@ mpcca. com] Sent: Tuesday, April 28, 2009 8:51 AM To:. Yvonne Franco Cc: Moutsanas, John; Pollock, John; Porteous, Blair; Malouf, Philip; Jimmy Engle Subject: Sign Application 2006-1078 Amendment No. 1 Dear Yvonne, spoke with Mr. Les Johnson, La Quinta Planning Director, earlier this morning regarding our sign application for the Dunes retail center on Highway 111 at Dune Palms Road. He explained the strong opposition to the sign he received from an adjacent property owner. After reviewing the various options, Highland Development and the Meridian Development Company would like to withdraw our application for a new monument sign. Please keep the application documents and submittals. We will be working with the adjacent property owner to address his concerns and hopefully will be resubmitting the application in the near future. Mr. Johnson stated that there might be a refund of fees. Please send all paperwork and funds to my address listed below. Thank you for your assistance on this project. We will not be re -submitting this application until we have resolved all the neighbor's concerns. Bill Schmitt Vice President MERIDIAN PROPERTY COMPANY 5000 Executive Parkway, Suite 160 San Ramon, CA 94583 Tel. 925.302.1422 • Fax. 925.302.1410 Cell 925-270-8556 wschmitt@mpcca.com wwwmpcca.corn 4/28/2009