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2009 06 09 PCCity of La Quinta Planning Commission Agendas are now available on the City's Web Page @ www.la-guinia.org Of PLANNING COMMISSION A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JUNE 9, 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 2009-016 Beginning Minute Motion 2009-007 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. ill. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of April 28, 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 .................. SITE DEVELOPMENT PERMIT 2006-868, EXTENSION NO. 1 Applicant........... REA La Quinta, LLC Location............ North Side of Highway 1 1 1, 1000' ± West of Jefferson Street in Jefferson Plaza Request ............. Review of a Request for a One -Year Extension of an Approval of Architectural and Landscaping Plans for a 5,723 Square Foot Freestanding Building. Action ............... Resolution 2009- B. Item .................. ZONING ORDINANCE AMENDMENT 2009-098 Applicant........... City of La Quinta Location............ Regional Commercial Zoning District Within the City (Generally Located Along Highway 1 1 1). Request ............. Consideration of an Ordinance to 1) Permit Used Car Sales Not Associated with a New Car Sales Facility within the Regional Commercial Zoning District with Approval of a Conditional Use Permit, 2) to Establish Provisions for the Development of Used Car Sales Facilities, and 3) Delete Erroneous Text Identified with the Automotive Uses Portion of the Non -Residential Table of Permitted Uses. Action ............... Resolution 2009- VI. BUSINESS ITEM: A. Discussion regarding Commission Summer Meeting Schedule. VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meetings of May 5, May 19, and June 2, 2009. B. Chairman Alderson noted he is scheduled to attend the June 16, 2009, City Council meeting. C. New Schedule of Commissioner Attendance at Council Meetings IX. DIRECTOR ITEMS: A. Update of County Map for Tentative Parcel Map 34784 B. Presentation on the Whitewater River Region Municipal Separate Storm Sewer System (MS4) Permit Overview X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on June 23, 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, June 9, 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, June 5, 2009. DATED: June 5, 2009 Awlu " aj CAROLYN 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 28, 2009 CALL TO ORDER 7:05 P.M. A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer Principal Planner Stan Sawa, Assistant Planner Yvonne Franco, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of April 14, 2009. There were no comments from the other Commissioners, but Chairman Alderson requested the following change be made: On Page 21, Item Vill A. line 8 be amended to read: Councilman Sniff was in opposition of accepting the grant because he thought it was time for someone to make a stand and turn down government handouts. There being no additional changes, or corrections, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. P:\Reports- PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc Planning Commission Minutes April 28, 2009 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. 3 Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson noted, just prior to the meeting, staff received a memo requesting withdrawal of the application. A copy of the memo is on file in the Planning Department. ment Permit 2008-905 and Conditional I Permit 2008-112; a request by Leslie Lippich Architect and Associates, Inc. for Yury Levitan for consideration of a request of architectural and landscaping plans for a 4,924 square foot express (self-service) car wash 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. PrincipalPlanner Stan Sawa 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 Commissioner Weber asked if the applicant would be amenable to a sound barrier if the flipped version was done. Staff said the applicant has indicated that either plan was acceptable. Commissioner Quill asked if there were subsequent development reviews required for the Mayer project. Planning Director Johnson said there were subsequent review items needed for that project. Commissioner Quill asked if they could be conditioned accordingly. Assistant City Attorney Houston said they could be if there was a nexus. PAReports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 2 Planning Commission Minutes April 28, 2009 Commissioner Wilkinson commented on the lighting and said there were no plans showing the location of the light poles. Staff said they were shown, on the flipped site plan, and pointed out the locations. Commissioner Wilkinson said there was no photometric study and asked if the lighting plan presented was adequate. Staff said yes, it appeared to be acceptable. The applicant had not submitted a photometric study, but would and the staff could, require adjustments to assure zoning compliance. Commissioner Wilkinson asked how many vehicles could be stacked in the distance from the pay stations to the south entrance (on the flipped plan). He asked if that area could stack approximately five cars. Staff said possibly a few more. Commissioner Wilkinson referenced the decibel study and asked if that met City standards. Staff said yes. Commissioner Wilkinson asked about the additional planting of trees and which plan that pertained to. Staff said it would apply to the flipped plan because it showed fewer trees. Chairman Alderson commented on the sound wall and the letter, from the northern property owner, included in the packet. He asked for clarification of which version this referred to. Staff said it was for the flipped version. Staff said the letter expressed concern about the noise from the car wash tunnel rather than the operation of the vacuum cleaners. Chairman Alderson asked if that wall would only be six feet high. Staff said yes. Planning Director Johnson said the letter stated they were opposed to the site being flipped and preferred the car wash tunnel be on the south side. They also made'the recommendation for the sound wall. Their letter was written to request the sound wall no matter how the site was laid out. Staff added a condition, if the site was flipped, it would require a wall to minimize the noise impact to the north. The intent of the letter was for a sound barrier to be established on the north property line with the building on the south side. Chairman Alderson said he had concerns about connectivity. He said the flipped version provided access on the south property line, but P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 3 Planning Commission Minutes April 28, 2009 neither the applicant nor the Mayer people were in favor of that. He then asked if there were reviews of the Mayer project, would the Commission have the right to add additional conditions; even though neither the applicant nor the neighbor wanted it. Assistant City Attorney Houston responded it is certainly possible to impose conditions that neither an applicant nor someone else, interested in a project, may want. He then deferred to staff regarding what subsequent approvals were left. Planning Director Johnson said there were some conditions that would aspects of the project to be brought back as business items. They were follow-up matters with the MayerVilla Capri project; which included the requirement for landscape plans and some miscellaneous items regarding both the commercial, and the medical office building project. There was the potential that there could be a requirement for a conditional use permit and that would also come before the Planning Commission. Assistant City Attorney Houston said if the Planning Commission is faced with another discretionary approval for the adjacent property owner and there is a nexus between what that property owner is seeking to obtain from the City, and the conditions being imposed, then generally speaking an access condition could be imposed. He further commented that a number of things left for the Mayer project may not be of a character that would allow the Planning Commission to condition the approvals to provide another access route. Things like business items and landscape plans typically wouldn't provide a nexus for that. He added, without knowing precisely what would be coming forward, there could be some concern for imposing that condition on the Mayer project. Although the Commission certainly could impose that condition on this project, there is no guarantee that it could be imposed on the Mayer project. Chairman Alderson said the obvious concern would be connectivity between the two projects. He asked about a sidewalk on Washington Street. Planning Director Johnson said there would be a standard eight -foot sidewalk as part of the Washington Street improvements. It would run across both projects and connect with the existing sidewalk for the medical office building to the north. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09-Draft_2.doc 4 Planning Commission Minutes April 28, 2009 Chairman Alderson commented on the notation of "temporary parking". He discussed a scenario involving temporary parking at the car wash and people shopping at the Mayer site. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Leslie Lippich, Leslie Lippich Architect and Associates, Inc., 4766 Park Granada, Calabasas, CA 91302, described the layout and said they originally submitted a plan with the building on the north side of the property. After several meetings with staff, it was flipped to the south. He outlined the benefits to both neighbors. He then discussed the noise levels and the sound barriers. He discussed the layout including the trash location, handicap access, and landscaping; as well as the entry and exit gates height. He then offered to, answer any additional questions. Commissioner Wilkinson asked if the applicant was going to submit an entire structure rendering with the correct colors. Mr. Lippich said they had color samples. The color samples were more vivid than the rendering. Commissioner Wilkinson asked if the applicant had originally made application showing the building on the north side and that did not work out because of the access on the south. Mr. Lippich said no. It was reviewed by the Public Works Department and then after three meetings the site plan was modified, moving the building to the south due to the internal traffic circulation pattern preferred by Public Works. He then commented on the traffic pattern for a car wash and the use of left turns into the car wash tunnel. Commissioner Barrows asked about the color on the vacuum photo examples which were shown as bright red. Mr. Lippich said the red would not be used. The color would be one of those shown on the samples submitted. Commissioner Barrows then asked if there was a sample showing the correct color. Mr. Lippich said one of the earth tones would be used. Staff then brought the samples to Commissioner Barrows and pointed out the colors being considered. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 5 Planning Commission Minutes April 28, 2009 Commissioner Barrows said there was previous discussion about the lexan material being used for the roof of the car wash tunnel. It appeared the material provided was weather and temperature resistant, and would hold up in the desert environment. She said that was a concern mentioned at the last meeting. Mr. Lippich said it was getting to be one of the most popular materials for roofing systems over stadiums, shopping centers, and car washes. The bronze was chosen because it would cut .down on the heat gain and the sun in the car wash tunnel. He then explained about the temperature and ventilation in the tunnel. Commissioner Weber thanked the applicant for such a detailed booklet, as it was very helpful. He then asked if this was twin -wall rectangular structure lexan that was being proposed. Mr. Lippich said it would be double -wall but thicker than the first sample staff had passed around. He then pointed out which sample actually showed the thickness of the roof material. Commissioner Weber asked if the roof material properties were the same for the two sizes. Mr. Lippich said the heat resistance and the durability were the same. Commissioner Weber asked if they had a reference where this material was currently being used in a desert area. Mr. Lippich said Las Vegas and Fresno. Commissioner Weber asked how long the Las Vegas site had been using this material. Mr. Lippich responded a couple of years. Commissioner Weber asked if, in their business plan, they anticipated replacing this material after the ten-year warranty. Mr. Lippich said it would probably last,a lot longer than ten years. Commissioner Weber commented on the concentration of heat and the direct sun• not necessarily the heat generated from the cars but the sun and the possibility of discoloration after several years of exposure. Mr. Lippich commented on his familiarity with sun damage to the roof material. Commissioner Weber asked about the reduced landscaping and said he was assuming that the reduced landscaping on the flipped versions was due to the increased asphalt. Mr. Lippich said the plans they were looking at only included indications since they were under tight P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 6 Planning Commission Minutes April 28, 2009 time constraints on preparation of the architectural site plans. He agreed that the number of trees and landscaping should be identical on either of the site plans. He said it would not be a concern if that was included as a condition of approval. Commissioner Weber asked Mr. Lippich to discuss the decibel levels. Mr. Lippich then provided more detail on the decibel levels. Commissioner Weber commented on the graphics and the details showing the distances, not only for the dryers but for the vacuums and the washing system. Mr. Lippich explained the vacuum system and the noise levels. He also explained the dryer noise levels. Commissioner Weber asked where the sound barrier walls would be located. Mr. Lippich explained where the sound walls would have to be placed for each site plan. Commissioner Weber asked Mr. Lippich if they would object to having a wall on both the east side and the terminus of the tunnel (the west side). Mr. Lippich said they would not. Commissioner Weber asked if the six foot wall provided a sufficient sound barrier. Mr. Lippich said it would provide much noise attenuation, not necessarily full attenuation. It would probably block out the sound of the cars driving in more than anything. There would be no noise coming out of the tunnel at the east end. Commissioner Quill said one of the previous requests was for a detailed operations manual that addressed what the employees would be responsible for on a regular basis. He said it was indicated by Commission to have those things incorporated into the conditions of approval for the project. He did appreciate that the applicant provided a lot of additional information and addressed a lot of questions but did not provide the manual. Mr. Lippich said Mr. Levitan owned another car wash which was very neat. Commissioner Quill pointed out that this was a self-service car wash. He was concerned that this car wash could come under new ownership, in the future. If the conditions were incorporated into this document, they would then be enforceable by the City for subsequent owners. Mr. Lippich deferred to Mr. Levitan. Mr. Levitan said the operations manual was included in the Commissioners' package. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 7 Planning Commission Minutes April 28, 2009 Comments were made about what was included in the manual the applicant submitted. Commissioner Quill asked if the cars were physically counted by some kind of mechanism. Mr. Lippich said yes. Commissioner Quill asked if the City would be collecting sales tax for this business. Staff said it would. Mr. Levitan confirmed it would be calculated on the gross sales proceeds. Chairman Alderson said he was concerned about the sound walls. He asked staff to point out where the sound walls would be located, which they did. He commented on the architectural screening effect on one of the sound walls and what areas the sound walls would be protecting. Staff responded in reference to the layouts. Chairman Alderson said, on the north property line, there was conventional landscaping. He asked if that could be expanded to help protect the medical building from sound pollution. Staff said yes. Chairman Alderson asked about the definition of pervious concrete used in portions of the parking lot. Mr. Lippich said it was almost like a grass-crete situation and gave a definition of the materials and their use. Chairman Alderson said they didn't have any information on what the canopies were going to look like. Mr. Lippich said there were pictures included in the packet. Chairman Alderson asked if it would have the same roofing material as used on the car wash tunnel. Mr. Lippich said no, that it was a part of the vacuuming system and the roof would be metal. Chairman Alderson commented on the roofing system in the picture and asked if that came with the vacuum. Mr. Lippich said it did and also came in different colors; not necessarily the red shown in the photo. Chairman Alderson thanked the applicant for the quick response in getting the packets to the Commission. Chairman Alderson asked if the applicant was intending to build immediately. Mr. Levitan responded they do intend to build immediately. PAReports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 8 Planning Commission Minutes April 28, 2009 Chairman Alderson asked if there was any public comment. 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 his main concern was that they have a good final product, safe, and durable; that it was being built for years to come. He was also concerned about the ingress/egress deceleration and wished there was some way the site could be entered from the Mayer property since that would be much safer. Commissioner Weber commented on the revised flipped plan; saying he did appreciate the applicant and staff having revisited this several times. He agreed that the building on the north side from a sound situation, might be the best but was worried about the egress and the entrance from Washington Street. Commissioner Barrows asked for clarification on one of the landscaping items where it referenced the citrus trees and the California fan palms had been removed from the palette. There was a recommendation from the ALRC that the Mediterranean fan palms be replaced with Mexican fan palms. She was curious as to why the Mexican fan palms were being used instead of the California fan palms. Staff was unsure why they made that particular recommendation. Commissioner Barrows was curious as to whether there was a landscaping reason and said she always preferred native plants be used whenever possible; and the California fan palm was a native variety. Staff commented the planter was narrow and that may have been the reason for the choice of palms. Commissioner Barrows said, for clarification, she wanted to know if both plans had the exit and entry in the same place. She added she would prefer it be connected to the Mayer property. She didn't like the two projects being separated and the fact that their customers would, have to go out of one parking lot and into another to take advantage of businesses at both sites. Commissioner Quill said he could not think of another car wash that was not accessible by a parking lot, side street, into an office area, or shopping area, in the entire Coachella Valley. This would be the only one in Coachella Valley with in -and -out access from a six -lane street. It would be sandwiched between two large parking lots for medical PAReports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 9 Planning Commission Minutes April 28, 2009 and commercial uses. He said there should have been more advance planning when considering those other two projects. He gave his opinion on how this should have been planned out. Commissioner Quill said he liked this revised flipped site plan better because it facilitated the potential for an access into the Mayer facility. He believed the access should have been a joint access and commented on the initial planning. Commissioner Wilkinson asked staff to point out where the sound wall was on the flipped site. Staff pointed out where the sound wall would be located. Commissioner Wilkinson asked if there was any other sound buffering on the flipped site. Staff pointed out an additional small wall for a sign which was probably about four feet tall on the west end of the tunnel. Commissioner Wilkinson commented that probably would not buffer any sound. Mr. Lippich said the wall was in line with the required building setback, so it could be eight feet with a trellis placed over it to become part of the building. Chairman. Alderson cautioned the members of the audience that the public portion of the meeting was closed. Commissioner Wilkinson said he preferred the flipped site since the plan allowed future cross access to the south which would reduce the traffic entering Washington Street. Commissioner Wilkinson said he did check on the polycarbonate material and said it was used for solar material. He was satisfied about the material. Commissioner Barrows mentioned her concern about the future use of solar panels on top of the roof. She said she was very interested in hearing Commissioner Wilkinson's comment. Chairman Alderson had a few more questions about the some of the functions involved in this site and re -opened the public hearing portion of the meeting. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc to Planning Commission Minutes April 28, 2009 Chairman Alderson then asked the applicant if there would be 100% reclamation of the water. Mr. Lippich said the car wash would reclaim 72-75% of the water. He then explained the filtration process it would go through to recycle it. Chairman Alderson said some of the car washes he has gone through offered a spotless rinse, for an extra charge. Mr. Lippich said this car wash would have a spotless rinse. The last stage of the car wash did not have hard water; it was spotless water and dried easier. Chairman Alderson re -closed the public hearing. Chairman Alderson said the points that Commissioner Quill made were very good, but there were two decisions to be made: 1). To approve or not, and 2). If approving, to decide which side of the lot to put the building on. The owners of the medical building exhibited a need to have the car wash further away as they had some aesthetic concerns. He would support the project on the premise that additional landscaping be added on the north property line, the sound walls be on the end and six feet high, and the project be flipped the other way. Having the driveway further away from the closest driveway would be an added safety feature as opposed to the shared driveway with Mayer. He said, he would be willing to support the project in that regard. Commissioner Barrows wanted to clarify that the Chairman was supporting the flipped site plan. Chairman Alderson responded negatively, saying he supported the original proposed site. Commissioner Quill commented on the benefits of the flipped site. He added the operation of the facility actually functioned better with the building flipped to the north side. He was also concerned about the three car stacking potential in the entrance. The other opportunity was potentially worse because it created a lot more stacking into the pay stations. Currently, the exit was simple with the flipped plan. He commented on the option to connect this site to the adjacent property, at least on one side. Commissioner Barrows asked staff to put up the site plan showing the adjacent Mayer property which staff did. PAReports - PC\2009\6-9-09\PC MIN_4-28-09_Dratt_2.doc 1 i Planning Commission Minutes April 28, 2009 Chairman Alderson asked if the driveway penciled in, on the northerly building option, was an extension of the Mayer driveway. Staff said yes. Chairman Alderson then said Commissioner Quill's comments made a lot of sense. Commissioner Barrows asked Commissioner Quill, if there were a future opportunity would he prefer to have an access point into the Mayer project. Commissioner Quill said yes. He said the Commission had a letter from the Mayer attorney voicing their concerns. He added if the building was on the south side, the opportunity was lost forever. Commissioner Barrows said she would recommend the flipped site plan. She added she would recommend the use of the native California fan palm, and that the sound wall be six feet. Commissioner Quill added he wanted assurance that the applicant would use earth tone colors on the trellis fabric for the vacuum cleaners, on the trellis stands, the trash cans and all items reflected in the drawings. Commissioner Quill suggested the color "Desert Sand". Commissioner Barrows said any of the top samples shown would be appropriate. Commissioner Quill said regarding the maintenance and operation, he would like to see them expand the operations manual. He wanted to have a clearer picture of exactly how it would be managed on a day- to-day basis to assure its cleanliness. Commissioner Barrows said she would incorporate Commissioner Quill's recommendations in her motion. Chairman Alderson said proposed Condition #60 sends the landscape plan back to staff without it coming back to the Commission. He proposed that Condition #60 be amended to allow the Commission to review the final landscape plan and the operational manual could be brought back at the same time. Planning Director Johnson clarified the condition of maintenance and operations was an item that should be attached to the conditional use permit. He said staff had tailored some conditions to reference hours of operation, number of employees and maintenance and operation. He added staff would welcome any additional items, from the Commission, and they would work with the applicant to make sure the maintenance and operations manual included the additional P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 12 Planning Commission Minutes April 28, 2009 information in it. He also commented that everything else the Commission discussed such as landscaping, flipping the site, earth tone colors, etc., were all matters that would be applicable under the site development permit. Commissioner Quill asked Assistant City Attorney Houston if manuals could be incorporated as part of the conditions of approval so they would run with the conditional use permit. Assistant City Attorney Houston said yes that was what he would recommend to staff. He said since it's effectively going to be the applicant's condition, and if it meets staff's approval, that could be added as a condition of approval. Chairman Alderson asked when the manual would be required. Staff responded prior to the Certificate of Occupancy. Chairman Alderson asked if it could be made to require administrative review. Then if there was an impasse between the City and the applicant, the applicant could appeal staff's decision back to the Commission for consideration; or it .could be directed back to the Planning Commission as a business item. Commissioner Quill confirmed that the manual will run with the conditional use permit, irrespective of who owns the property or who sells the property; as long as the conditional use permit is intact it would be in effect. Assistant City Attorney Houston said it was correct, that as long as there was a car wash operating on this site, that would be a condition. That would also provide the benefit, should a future owner have problems with those parameters, that the City could review the conditional use permit. Once the conditional use permit is granted it is somewhat difficult to remove that property right, but if they are not complying with a condition then it would be easier to enforce. Commissioner Quill said that's why he would like to see it as a part of the approval because then it would be enforceable by Code Enforcement. Assistant City Attorney Houston responded yes, in addition to the right to review the actual conditions on the permit. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2. doe i3 Planning Commission Minutes April 28, 2009 Commissioner Barrows said she was would incorporate the recommendation into her motion. Commissioner Weber asked about the potential easement having egress to the Mayer property and if it would be in reference to the site development permit. Planning Director Johnson said it was a site development permit matter. Commissioner Weber said the applicant had indicated the prior landscaping plan was acceptable to him; it had more landscaping and trees. Planning Director Johnson said that was a site development permit condition. Chairman Alderson asked Commissioner Barrows if she was discussing the conditional use permit. Commissioner Barrows replied she was following the staff report format so she could incorporate the condition regarding the operations manual in the conditional use permit. Commissioner Wilkinson said it was mentioned to approve the operations manual before the Certificate of Occupancy. He asked if it would create problems and how long it would be before the applicant actually got a building permit; and should this be conditioned to be approved before a building permit was issued. Planning Director Johnson said the Commission could decide on the language of the condition. He said it really didn't become a significant issue until just prior to the start up of the operation. If the Commission wished to see it at the time of the building permit issuance that would be fine. It was not relevant from any type of enforcement standpoint until the Certificate of Occupancy had been granted and they were operating. Staff did identify under the conditional use permit Condition #7, which he suggested be the condition the Commission amend to reflect the issue of the manual. There were seven conditions attached to the conditional use permit resolution, on page 16 of the packet, and that was where he suggested it be revised to reflect what had been discussed tonight. There being no further discussion it was moved and seconded by Commissioners Barrows / Wilkinson to approve Resolution 2009-014 recommending approval of Conditional Use Permit 2008-112 with the following amendment: P:\Reports - PC\2009\8-9-09\PC MIN_4-28-09_Draft_2.doc 14 Planning Commission Minutes April 28, 2009 Condition No. 7 be amended to read: 7. There shall be continuous on -site maintenance of the car wash facility per the Daily Maintenance Schedule submitted and on file in the Planning Department. The Daily Maintenance Schedule shall be revised to include all operations and maintenance of the facility including landscape maintenance, and be approved by the Planning Director prior to final construction inspection by the Planning Department. AYES: Commissioners Barrows, Weber, Wilkinson, and Chairman Alderson. NOES: Commissioner Quill. ABSTAIN: None. ABSENT: None. Commissioner Barrows said she would like to move for approval of Site Development Permit 2008-905.subject to conditions of approval with the addition of a condition to require additional landscaping and the use of the California fan palm as the preferred palm tree, the site be the flipped site plan per the staff's exhibit, a sound wall be provided to ameliorate the potential impacts to the adjacent properties, earth tones be used on the trellis and on all of the affiliated accoutrements including the trash cans, etc. Commissioner Quill commented on the potential access to the south and discussion of allowing that access, who has to build it, and cooperation issues. Planning Director Johnson said the key issue is identifying if the access is available and that the applicant is responsible and obligated to amend the site plan accordingly to allow the access to occur in the future. Commissioner Quill asked if the site plan needed to be amended since he was concerned with the actual functioning of the access and where it would be placed and landscaped. He asked about future ingress and egress and the cooperation of the two property owners. He wanted clarification on how the City would ensure that this property owner would cooperate with the adjacent property owner to make that happen. P:\Reports - PC\2009\6-9-09\PC MIN _4-28-09_Draft-2.doc 115 Planning Commission Minutes April 28, 2009 Planning Director Johnson said the condition could identify that this property owner was responsible, should that reciprocal access be provided for, to make their share of the improvements within their property. Commissioner Quill said he would like to ensure the condition was modified or added to allow for that to happen. Chairman Alderson asked if the applicant had a problem with that. Assistant City Attorney Houston clarified there was a non-verbal response and said he'd like to note for the record that the applicant agreed with the condition. Commissioner Weber wanted to clarify that what the Commission was proposing to approve was the plan without the egress now. Chairman Alderson said that was correct. It would be provided in the future that egress became available. Commissioner Quill said unless the owners of the Mayer property gave them permission, they couldn't build the egress when they built this site; they could only build up to their property line. Commissioner Weber said he was as disturbed as Commissioner Quill about the access. He said it was disturbing that Mayer was not willing to work to make this happen. He said he hoped there was a way to convince Mayer that it is to their benefit to be good neighbors. Commissioner Wilkinson asked if the applicant could build his half of the driveway and then barricade it with something substantial, so that they make a connection that is apparent. Planning Director Johnson said it could be designed as a radius and brought up to the property line. He suggested there be a curb along the property line in the interim. It could be a radius, as shown, or conditioned to be done that way. It could be designed that way and if anything changes in the future, the obligations for improvements would rest on the south property owner. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doe 16 Planning Commission Minutes April 28, 2009 Chairman Alderson asked if there would be barricades across it. Planning Director Johnson said that it would not be necessarily, as long as there was an established curb. There was a landscape strip with landscaping established and proposed along the Mayer property at that point. Commissioner Wilkinson said he just wanted to achieve an obvious connection that could not be denied. Chairman Alderson asked if he was making that a condition. Commissioner Wilkinson said yes. Commissioner Barrows asked if the Assistant City Attorney could summarize the circumstances that could be asked, of the Mayer property owners, to comply with this shared driveway approach. Assistant City Attorney, Michael Houston, said it would require Mayer to bring forward a discretionary approval for the Commission's consideration where the request being made had a nexus with that sort of a connection being put -in. The most obvious example would be some sort of further subdivision of the site. Landscape plan review, for example, would not meet that sort of nexus requirement. Commissioner Barrows commented on the Mayer letter which referenced "the introduction of vehicles from the car wash would require that Mayer modify or negotiate current cautionary agreements with the tenant." Assistant City Attorney Houston said he could only speculate that they are operating on some sort of a triple net lease, meaning that the tenants have a pro-rata requirement to pay for certain maintenance, and added perhaps additional vehicles from off -site would cause tenants to become troubled that they are overpaying. Commissioner Weber commented on the possibility of including a large concrete planter structure that was freestanding to prevent egress. It could then be removed and egress could be obtained easily. Commissioner Barrows confirmed the applicant indicated that was okay. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 17 Planning Commission Minutes April 28, 2009 There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-015 recommending approval of Site Development Permit 2008-905 with revisions as follows: Conditions numbered 57, 60, 64, and 105 be amended to read as follows: 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). Tree quantities for the approved landscape plan (with tunnel on north side of site) shall be the same as the landscape plan dated March 11, 2009, with the tunnel on the south side of the site. 60. The applicant shall submit the irrigation and planting plans to the Planning Department for approval. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner. The plans shall then be re -submitted to the Planning Department for review and approval by the Planning Commission, and signature by the Planning Director. However landscape plans for landscaped medians on public streets shall be approved by both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. 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' brown trunk height (bth) Washingtonia Filifera (California fan palm). . 105. A six foot high masonry sound wall shall be installed in the landscaping area along the exit drive from the car wash structure and along the north property line. The exact design, location and length of the wall shall be worked out with staff and shown on the final landscaping plans. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 18 Planning Commission Minutes April 28, 2009 Conditions numbered 106, 107, and 108 be added to read as follows: 106. The project shall be developed per the site plan dated April 17, 2009, and associated plans showing the car wash tunnel on the north half of the subject site. 107. The vehicular access, as shown on the approved plans, providing ingress and egress with the adjacent property to the south, shall be installed as part of this project. The access shall be designed in a manner that provides a temporary barrier to such access until improvements, facilitating such access, on the property to the south are completed and a reciprocal access agreement between both property owners is fully executed and recorded. At such time, the owner of the subject site shall cause the barrier to be removed and full access, as designed, shall be provided. The design of the temporary barrier shall include landscaping and shall be approved by the Planning Director and the City Engineer prior to installation. 108. 'Miscellaneous equipment used in conjunction with this facility (i.e., pay machines, menu boards, vacuums and associated trellis, trash cans, light fixtures, etc.) shall be primarily earth tone in color. The exact colors shall be approved by the Planning Director prior to installation. AYES: Commissioners Barrows, Weber, Wilkinson and Chairman Alderson: NOES: Commissioner Quill. ABSENT: None. ABSTAIN: None. C. Sign Program 2006-1034, Amendment No. 1; a request by Komar Investments, LLC for consideration of a request for a sign program amendment to install two directional signs within Komar Desert Center at Depot Drive, south of Highway 111. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 19 Planning Commission Minutes April 28, 2009 Chairman Alderson asked if there were any comments from the Commissioners. Commissioner Weber commented on finding C, where it stated, on page 4, "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." He questioned the use of the word "accentuate". He asked for staff's comments. Assistant Planner Franco replied it was standardized language that was used. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Clint Knox, Komar Investments, 23 Corporate Plaza, Suite 247, Newport Beach, CA, 92660, introduced himself and explained why they were trying to get the sign adjustment. He said the Center has been open for almost a year and only had a 50% occupancy rate; not including Costco. He said they were proud of their Center and were committed to the success of their current and future tenants. He explained the visibility of the Center and success of their tenants. He said the broker for the center, Maggie Montez, was present and could answer any questions as well as provide a better perspective of the tenants, and their concerns. He went on to explain about the layout of the Center, the need for the signs and why they had chosen that particular sign placement. Chairman Alderson asked if any of the Commissioners had questions for the applicant. Commissioner Weber asked if there were twelve tenant spots on the sign request. Mr. Knox said there were twenty-four spaces all together within the whole development. Commissioner Weber commented on who was included on those spaces. The applicant confirmed who they were and why they were included. Commissioner Weber asked if there was a raised median, that went down to the pedestrian crossing, which was also landscaped and asphalted. Mr. Knox said yes. Commissioner Weber asked for confirmation on the directory signs, the tenants included, and the P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 20 Planning Commission Minutes April 28, 2009 directional arrows. Mr. Knox explained where the signs would be and which tenants would be included. Commissioner Weber asked why the lighting of the sign was suggested, but not included. Mr. Knox said they were trying to keep the sign as simple as possible. He then explained where the signs were proposed to be and how they would be lit. Chairman Alderson commented on the fact that the installation of two signs was not code compliant. Planning Director Johnson replied the issue boiled down to the sign program provisions and the City's sign code. He said staff believed, after reviewing the provisions in the language there, one sign with the focus of the tenants within buildings "A" thru "D" would be definitively in line with the criteria set forth in the sign code. That is why the recommendation was made, but if the Commission found that there was other justification for that, it would certainly be something to bring up. He cautioned the Commissioners to make sure that it was substantiated and defined if they did something different than what was being allowed. He said they would have to establish findings in their recommendations to substantiate that position. Chairman Alderson asked if a second sign would be considered a variance. Planning Director Johnson said it was not a matter of a variance. This was a sign program and there was latitude. He said the issue was to make sure to cite or define specific reasons justifying the granting of something in excess. From staff's standpoint, a recommendation was made, based on review of the code, but it was a sign program, so there was latitude with the program. Mr. Knox made a statement about certain businesses being negatively impacted by the lack of visibility from the primary access drive. He went on to explain about visibility problems as certain trees continued to grow which created a lack of visibility and a need for the additional signs. Chairman Alderson asked about a picture on one of the exhibits implying that there was an existing sign. Mr. Knox replied that was P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 21 Planning Commission Minutes April 28, 2009 just showing what it potentially could look like. Chairman Alderson asked if there were any signs on site. Mr. Knox said no, there were no interior signs, just two monument signs on Highway 1 1 1. Chairman Alderson asked are the applicant was asking for approval of one signs versus two, and approval of aesthetics. Mr. Knox confirmed his comments. Chairman Alderson asked if Mr. Knox had previously used the suggested color and style and found it effective. Mr. Knox said they had not. He suggested Mr. Jim Engle, of Imperial Sign, could help describe it a little better. He added that he trusted Mr. Engle's opinion, and that it looked good and was a simple design. Chairman Alderson asked Mr. Engle to come up and address the Commission. Mr. Jim Engle with Imperial Sign, 46120 Calhoun Street, Indio, CA, introduced himself and offered to answer any of the Commission's questions. Chairman Alderson said he had two comments; 1). the sign was very generic, and 2). the colors jumped out with the black letters on white background. He asked if these color schemes were definite as he didn't care for them. Mr. Engle said they were just trying to match the architecture. They could lighten up the background or figure out another scheme that worked. They were more concerned about obtaining the necessary signage. Chairman Alderson commented it was Mr. Engle's decision, but he did not see this was as effective as it could be. Chairman Alderson went over the site plan and commented on the sign recommendations. He then asked if Ms. Montez was going to speak. ' Ms. Maggie Montez, CB Richard Ellis, 73-400 Highway 1 1 1, Indian Wells, CA, introduced herself and commented on the challenges of leasing new space and what the tenants had to face. Chairman Alderson asked if there were any questions of Ms. Montez. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 22 Planning Commission Minutes April 28, 2009 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 commented he wanted to be as amenable as possible to help businesses succeed. He did state he was starting to worry about the number of applicants coming forward with sign changes, and anticipated that would continue in the future. He worried that the design of the center did not allow tenants in the back to be visible since that was a function of the design and what had been submitted. He commented that while the markets may change the Commission should not waiver from standard procedures. He thought staff was correct in analyzing this to be directional signs, even though, they had been discussed as marketing signs. He then discussed where the potential signs would be located and how they would direct traffic. He commented on the fact there would be more confusion, with these signs, especially if there was a pedestrian crossing in the second area. He discussed the potential problems with drivers versus pedestrians with this lay out. He said he wanted the signage issue addressed, because moving the signs closer to parking lot lights which were not designed to light the signs was not going to serve any useful purpose. Commissioner Quill said he did not agree with those comments since it was a simple sign that provided direction. The applicant had done an admirable job of designing a big box commercial center. This side of the center had been operational since approximately July of last year, and they were at 50% occupancy. He commented on the current economic climate and said 1). the signs were not lit, so they did not use any electricity, and 2). they did not need to be lit because the center didn't operate in the after dark hours; except for the restaurant buildings which faced the street. The signage was reasonably unobtrusive and compact. He said he believed the Commission needed to do everything they could to help the developer out because of the good job they did in designing the center and should not be penalized, from a signage standpoint. He suggested the Commission allow both locations and the sign design as proposed. Commissioner Wilkinson commented on the placement of the tenants on the left having left arrows and the tenants on the right having right arrows to avoid confusion. He also commented on the possible P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 23 Planning Commission Minutes April 28, 2009 relocation of the name Komar Desert Center since people would probably be directed to Costco, BevMo, or Souplantation. He suggested the tenants names be moved to the top of the chart and Komar be placed on the bottom Chairman Alderson said he agreed with everything Commissioner Quill said. He added the City should do anything they can to benefit commercial tenants and commercial efforts. He also concurred with the two signs, and suggested some more thought be given to the colors. Commissioner Quill suggested the applicant seriously consider Commissioner Wilkinson's comments to relocate the Komar Desert Center name to the bottom of the sign. Commissioner Barrows agreed the tenants should have the maximum amount of identification. Komar should be at the bottom, in smaller letters. That would provide more visibility for the tenants There was no further discussion and it was moved and seconded by Commissioners Quill/Barrows to approve Minute Motion 2009-007 recommending approval of Sign Program 2006-1034, Amendment No. 1 as follows: 1).'Condition No. 2 be amended to read: Two additional freestanding signs are approved in the design, size and height as identified in Attachment 3 and shall be located at the locations shown on Attachment 2. 2). The applicant may consider relocating the "Komar Desert Center" identification to the bottom of the signs and be shown in smaller sized lettering than the tenant identification. AYES: Commissioner Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Weber. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 24 Planning Commission Minutes April 28, 2009 VIII. COMMISSIONER ITEMS: A. Commissioner Barrows was unable to attend the City Council meeting of April 21, 2009, and Commissioner Weber attended on her behalf. He highlighted the following items, from that meeting: • The Council approved the Green marketing services plan. • Council approved the SilverRock Resort annual plan and reviewed some cost savings items. • Conversations of the federal stimulus (bail out money). • Conversations regarding the League. of California Cities and, their support of propositions. • Conversation regarding various contract extensions. • Discussion of comments made by the Dolphin La Quinta applicant, not brought forward previously, questioning the payment of the Multi Species Fee which brought questions and discussion from Council. • Discussion of the 2009 — 2013 CIP projects, especially noting the Jefferson Street Road Widening. • Commissioner Weber asked about trails in the CIP Plan. Staff said they were trying to get a feasibility study completed. Commissioner Barrows thanked Commissioner Weber for filling in and for his fine presentation on the meeting. B. Chairman Alderson noted Commissioner Quill was scheduled to report back on the May 5, 2009, Council meeting. IX: DIRECTOR ITEMS: A. Discussion of the General Plan Update Request for Proposals. Planning .Director Johnson noted the Request For Proposal items had not been included in the Commission packets and provided the Commissioners with copies. He gave a brief overview of what the Request entailed and the procedures which would be followed in the consultant selection process. P:\Reports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 25 Planning Commission Minutes April 28, 2009 He offered to have a copy of the proposal, in Word format, e-mailed to the Commissioners so they might comment directly on the document; especially with regards to format and scope. General discussion followed which included some of the following items: • The purpose of the Request for Proposal. • Why the City was doing the General Plan Update at this time and the fact that the General Plan is updated approximately every ten years. • Staff's interest in participation from the Planning Commission. • The incorporation of AB 32 and SB 375 requirements in the new General Plan. • The procedure for selection of the Consultant and what their responsibilities would be. • The incorporation of sustainable design issues. • Transportation, circulation, golf carts and nevs (neighborhood electric vehicles). • Multiple use facilities. • Neighborhood outreach • Timeline of submitting comments and various deadlines in the selection process. • ,Information posted on the City's website. • - Who would be eligible to submit a proposal. B. Chairman Alderson advised the Commission he would not be attending the next regularly scheduled meeting (5/12/09) and Vice Chairwoman Barrows would be presiding over that meeting. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on May 12, 2009. This regular meeting was adjourned at 9:51 p.m. on April 28, 2009. Respectfully submitted; Carolyn Walker, Executive Secretary City of La Quinta, California PAReports - PC\2009\6-9-09\PC MIN_4-28-09_Draft_2.doc 26 PH#A PLANNING COMMISSION STAFF REPORT DATE: JUNE 9, 2009 CASE NO: SITE DEVELOPMENT PERMIT 2006-868, EXTENSION #1 REQUEST: REVIEW OF A REQUEST FOR A ONE YEAR EXTENSION OF AN APPROVAL OF ARCHITECTURAL AND LANDSCAPING PLANS FOR A 5,723 SQUARE FOOT FREESTANDING BUILDING LOCATION: NORTH SIDE OF HIGHWAY 111, 1000'± WEST OF JEFFERSON STREET IN JEFFERSON PLAZA APPLICANT: REA LA QUINTA, LLC PROPERTY OWNER: REA LA QUINTA, LLC ARCHITECT: KKE ARCHITECTS LANDSCAPE ARCHITECT: CUMMINGS CURLEY AND ASSOCIATES, INC. ENVIRONMENTAL REVIEW: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS TIME EXTENSION REQUEST HAS BEEN PREVIOUSLY - ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 96-325 PREPARED FOR SPECIFIC PLAN 96-027 WHICH HAS BEEN CERTIFIED BY THE CITY COUNCIL. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED, OR NEW INFORMATION HAS BEEN SUBMITTED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: CR (REGIONAL COMMERCIAL) GENERAL PLAN DESIGNATION: M/RC (MIXED REGIONAL COMMERCIAL) P:\Reports - PC\2009\6-9-09\SDP 2006-868 REA LQ\pc rpt.doc SURROUNDING ZONING AND LAND USES: NORTH: FP / FLOOD CONTROL CHANNEL SOUTH: CR / RETAIL CENTER EAST: CR / RETAIL CENTER WEST: CR / RETAIL CENTER BACKGROUND Prior Planning Commission Approval This application was originally granted approval by the Planning Commission on June 12, 2007 for two years. Construction of this building has not begun, necessitating a time extension. Following is a brief description of the previously approved project. No changes to the project are proposed by the applicant. PROPOSAL Site Design — Based on Previous Approval Building Location and Orientation The project site is within Jefferson Plaza on the north side of Highway 111 (Attachment 1). This center has been constructed in phases by different developers and consists of IHOP and Home Depot to the east and Jack -in the -Box to the west. Immediately to the north is a 58,300 square foot building containing 990 Cents Only, Smart and Final, and other smaller shops constructed by the applicant. The proposed 5,723 square foot freestanding building is adjacent to Highway 111 between Jack -in -the -Box and IHOP on its own parcel (Attachment 2). The majority of the parking lot improvements surrounding the subject building site have been installed. Additionally, the Highway 111 parkway improvements have been installed with Phase 1. Jack -in -the -Box and IHOP are on individual parcels and were constructed a number of years ago by other developers not associated with this applicant. Vehicular Circulation and Parking The center has been developed in phases with each providing adequate parking spaces to comply with the Code requirements. The most recent and largest phase was the 58,263 square foot inline building to the north containing Smart and Final and 990 Only and other retail uses. The phase required 233 spaces and 285 spaces are provided. This building requires 23 spaces and 29 are provided within the parcel boundaries. Vehicular access to the building is through existing parking lot improvements on the north side of the building. PAReports - PC\2009\6-9-09\SDP 2006-868 REA LQ\pc rpt.doc Architecture The front of the proposed building faces south towards Highway 111 . The building is designed similar to the existing Smart and Final/990 Only shop structure to the north in the same center., Colors and materials will match the first phase construction. The building uses complementary colors on different building planes of the walls. Dark green awnings will be provided over most windows and recessed openings on all sides of the building. The flat roof structure is a maximum 22' high with one flat roof tower on the southwest corner of the building at 26' high. The trash enclosure to the west side of the building is plastered and painted to match one of the building plaster colors and provided with a solid metal door. A sign program has been approved for the center and will apply to this building. Landscaping The landscape plan has been prepared by the Landscape Architect who prepared the Smart & Final/990 Only area landscaping plans. It uses the same plants and design concept used in the adjacent first phase to the north. The Highway 111 parkway has been previously planted and completed with Phase 1 . ANALYSIS: As noted, this project was originally approved by the Planning Commission on June 12, 2007 (Attachment 3). At that time it was determined that the project with the adopted conditions was acceptable. The grounds for the original project approval are still valid and, therefore, a one year extension of the Site Development Permit is warranted. Public Works Department has recommended several changes to the Conditions of Approval. Most changes are to comply with current standards and laws or to conform with the site's current condition. The changes are incorporated in the draft conditions recommended for approval. Since the original approval in 2007, the southwest corner of the site next to Depot Drive and Highway 111 has been redone to widen the driveway and modify the signal to accommodate the new construction on the south side of Highway 111. Proposed Condition # 16131 has been revised to address this and note some additional signal configuration and other minor items are still needed to be completed. Other Public Works Department related revisions are related to various drainage, grading and improvement requirements. The revised Conditions of Approval have been reviewed and agreed to by the applicant. c P:\Reports - PC\2009\6-9-09\SDP 2006-868 REA LQ\pc rptdoc ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE: The Architecture and Landscaping Review Committee (ALRC) reviewed this request at their meeting of May 2, 2007 and recommended approval of the architectural and landscaping plans, subject to conditions. Those conditions were included in the 2007 approval and are contained in the current conditions. PUBLIC NOTICE: These applications were advertised in the Desert Sun newspaper on May 29, 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. As of this writing, no comments have been received. SITE DEVELOPMENT PERMIT FINDINGS: The findings needed to approve this Site Development Permit extension, as stipulated in the Zoning Code, can be made as noted in the attached Resolution, subject to the Conditions of Approval. RECOMMENDATION: Adopt Planning Commission Resolution 2009- , approving a one year extension for Site Development Permit 2006-868, subject to the attached Conditions of Approval. Attachments: 1. Location Map 2. Development Plans 3. Minutes for the Planning Commission meeting of June 12, 2007 Prepared by: Stan Sawa, Principal Planner H P:\Reports - PC\2009\6-9-09\SDP 2006-868 REA LQ\pc rpt.doc PLANNING COMMISSION RESOLUTION 2009- RESOLUTION OF THE OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE YEAR EXTENSION OF DEVELOPMENT PLANS FOR A 5,723 SQUARE FOOT FREESTANDING BUILDING ON THE NORTH SIDE OF HIGHWAY 111, 1000'f WEST OF JEFFERSON STREET CASE: SITE DEVELOPMENT PERMIT 2006-868, EXTENSION #1 APPLICANT: REA LA QUINTA, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 9TR day of June, 2009, hold a duly noticed Public Hearing to consider a request by REA La Quinta, LLC for approval of a one year extension of time for architectural and landscaping plans for a 5,723 square foot commercial building in the CR (Regional Commercial) zone district located on the north side of Highway 111, 1000't west of Jefferson Street, more particularly described as: APN: 600-010-023 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12TR day of June, 2007, adopt Resolution 2007-025, approving this Site Development Permit, subject to Conditions; and WHEREAS, the Planning Department published a public hearing notice in the Desert Sun newspaper on May 29, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, The Planning Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 96-325 prepared for Specific Plan 96-027 which was certified by the City Council. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent Environmental review pursuant to Public Resources Code Section 21166; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify approval a one year extension of said Site Development Permit: 1. An extension of time is warranted because the findings as noted below can still be made and apply to this request. P:\Reports - PC\2009\6-9-09\SDP 2006-868 REA LQ\pc res extension.doc 5 Planning Commission Resolution 2009- Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: Page 2 2. The General Plan designates the project area as Regional Commercial. The proposed commercial building is consistent with this land use designation. 3. The proposed commercial building is designed to comply with the Zoning Code requirements, including, but not limited to, height limits, parking, and lot coverage, etc. 4. The Planning Department has determined this project has previously been assessed with a Negative Declaration of Environmental Impact certified, and no further environmental review is required. 5. The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the City. 6. The site design of the project, including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 7. Project conceptual landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed and conditioned to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and compliment the surrounding project area, ensuring lower maintenance and water use. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; and P:\Reports-- PC\2009\6-9-09\SDP 2006-868 REA LQ\pc res extension.doc 6 Planning Commission Resolution 2009- Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: Page 3 2. That it does hereby approve a one year extension of time for Site Development Permit 2006-868, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 9t" day of June, 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 P:\Reports - PC\2009\6-9-09\SDP 2006-868 REA LQ\pc res extension.doc 7 Planning Commission Resolution 2009- w1 Conditions of Approval - Recommended OITION Site Development Permit 2006-868, Extension #1 TO CON REA Adoted uinta, I_Lc - ICATES CH pANGE HIGHLIGHT IND GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall comply with the requirements of all Conditions of Approval for Specific Plan 96-027 and Tentative Parcel Map No. 28573 applicable to this Site Development Permit. This site development permit shall expire on June 12, 2010. 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): • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department Desert Sands Unified School District •. Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley • Colorado River Regional Water Quality Control Board (RWQCB) E Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quints, LLC Adopted: The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies, if applicable. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. If previous permits are not applicable or in effect, a project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("1\1O1"), 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 storm water discharge permit, LQMC Sections 8.70.010 et seq. (Storm Water 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 01 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 Storm Water 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. E P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext2 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC 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 storm water discharge permit, LQMC Sections 8.70.010 et seq. (Storm Water Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB- CRB) Region Board Order No. 137-2008-001 . G. For post -construction urban runoff from New Development and Redevelopment Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. The applicant shall document and establish required association maintenance responsibilities within the recorded CC&R's. H. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the 10 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext3 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quints, LLC Adopted: 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, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. The applicant shall offer for dedication or other development application all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. Dedication of Right of Way and Landscape setbacks shall utilize contracts, approved by the City Attorney, for perpetual maintenance, as applicable. The applicant shall offer for dedication those easements necessary for the operation and maintenance of Depot Drive and placement of, and access to, utilities, landscaping, structures, drainage basins and other improvements including modifications for WQMP requirements. 9. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 1 1 1 (Dedication per Parcel Map No. 28573 of 86' from Highway 111 centerline) — No additional right-of-way is required along the Site Development Permit boundary on Highway 111 as per the recorded Parcel Map No. 28573. 10. The applicant shall retain for private use on the Final Map all private access easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The access easement to be retained for private use required for this development include: A. PRIVATE ENTRY DRIVE (DEPOT DRIVE) 1) Depot Drive 11 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext4 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: a) No additional easement dedication is required of this Site Development Permit. 12. The required perimeter landscaping setbacks along all public rights -of -way as follows: A. Highway 111 (per Parcel Map No. 28573) 17-foot from the R/W-P/L to match existing perimeter landscape for parcels to the east. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 13. Direct vehicular access to Highway 111 is restricted, except for those access points identified on Parcel Map No. 28573, 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. 15. The applicant shall provide reciprocal access easements necessary for the adjoining parcel(s) for access to proposed parking and access drive associated with this Site Development Permit. Additionally, the applicant shall enter into a maintenance agreement with other parcel owners/occupants for the perpetual maintenance of the parking areas and drive aisles within Parcel Map No. 28573. STREET AND TRAFFIC IMPROVEMENTS 16. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Highway 111 (Major Arterial — State Highway; 140'R/W): The City of La Quinta will widen Highway 111 along the development's southern boundary as well as design and construct a deceleration/right turn lane on Highway 111 at Depot Drive with the proposed Highway 111 Corridor Capital Improvements Project from Adams Street to Jefferson Street to its ultimate width on the north side as specified in the General Plan. No additional widening on the north side of the street along all frontage adjacent to this Site Development Permit is required. 12 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext5 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: Improvements to be performed by the City of La Quinta in the Highway 111 right-of-way and/or adjacent landscape setback area includes: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. Improvements required of the applicant in the Highway 111 right-of-way and/or adjacent landscape setback area include: b) Construction of an 8-foot meandering, bollard lighted sidewalk along its Highway 111 boundary. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The design shall minimize back of curb contact points. The applicant shall construct a sidewalk to connect the Highway 111 meandering sidewalk to the proposed building as approved by the City Engineer. Additionally, the applicant shall construct an ADA path of travel from the store front along the northerly property line to connect with ADA path of travel to the existing buildings at the north end of Parcel Maps 28573 and 34123. c) Relocate the existing monument sign at the northeasterly corner of Highway 111 and Depot Drive. B. PRIVATE ENTRY DRIVE (DEPOT DRIVE) 1) Eliminate the existing split phase Depot Drive signal configuration and reconfigure the Depot Drive. signal for optimized eight phase Highway 111 coordination and install related appurtenances, including but not limited to curb extensions and restriping, as required and as approved by the City Engineer. The applicant shall construct all offsite improvements prior to Building Occupancy. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 13 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext6 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension 1!1 REA La Quints, LLC Adopted: 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 engineers registered in California. PARKING LOTS and ACCESS POINTS 17. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking) 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 approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 18. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 28573 and these conditions of approval. 19. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: 14 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext7 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quints, LLC Adopted: 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. 20. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 21. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 22. 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," refer to persons currently certified or licensed to practice their respective professions in the State of California. 23. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 24. 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. 15 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext8 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: A. On -Site Precise Grading Plan 1 " = 30' Horizontal B. PM1O Plan 1" = 40' Horizontal C. Storm Water Pollution Prevention Plan 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) The Precise Grading Plan shall include: Storm Drain/Underground Retention. NOTE: A and D to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 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 that 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. 25. The City maintains standard plans, detail sheets and/or construction notes for 16 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext9 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of mylars of all approved improvement plans to the City Engineer. 27. Upon completion of construction, and prior to the 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 . PRECISE GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. 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. 30. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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 their application for a grading permit. 31. 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. 17 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext10 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA Le Quints, LLC Adopted: 32. Prior to any site grading or regrading that will raise or lower -any portion of the site by more than plus or minus five tenths of a foot from the elevations shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 33. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 34. If not completed, grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches 0 8") behind the curb. DRAINAGE 35. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Parcel Map No. 28753 and the Jefferson Plaza 99 Cent Store Precise Grading and Storm Drain Plans, and as modified for this Site Development Permit. 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. 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 37. If permitted by CVWD, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City or area -wide pollution prevention program, and for any other 18 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext11 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: obligations and/or expenses which may arise from such discharge. The applicant is required to retrofit the existing storm drain facility on site and construct required discharge treatment BMP's per the NPDES Permit per Supplement A but at a minimum shall install a CDS Technologies, Inc. Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this Site Development Permit excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water Hydraulic Grade Line (HGQ shall be as determined by CVWD. 38. 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. 39. Storm water 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 9.10O.040(B)(7). 40. 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. 41. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 42. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 43. 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. 44. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 19 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext12 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: 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 so as to not conflict with access aisles/entrances. CONSTRUCTION 45. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 46. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 47. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 48. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. Additionally, Lighting bollards shall be installed by the applicant per City of La Quinta specifications. 49. 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 Architectural and Landscaping Review Committee and approved by the Planning Director. Said review and approval shall occur prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. Irrigation design and water use shall comply with the efficiency requirements of Chapter 8.13 of the Municipal Code. 20 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext13 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 50. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 51. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. 52. A vine shall be provided on the west side of the trash enclosure. 53. Provide substitute plant for Ocotillo (Fouquieria splendens) on east side of building because plant requires full sun. 54. Shrubs on north side of building shall have open branching characteristics and maximum 3' height to ensure traffic visibility. 55. The Chilean Mesquites shall be replaced with an alternate deep rooting canopy tree appropriate for parking lots. 56. Sod rather than stolons shall be used in turf areas. The turf at the east end of the perimeter area shall be shaped to blend in with any turf to the east. MAINTENANCE 57. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 58. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 59. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 21 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext14 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: 60. 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). FIRE DEPARTMENT 61. Provide or show there exists a water system capable of delivering a fire flow 2500 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the project site. 62. Approved accessible on site fire hydrants shall be located not to exceed 330 feet apart in any direction as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 165 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 63. 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. 64. 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. 65. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrants. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 66. Access lanes will not have an up, or downgrade of more than 12%. Access will not be less than 20 feet in width and have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a tuning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 67. 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 prepare and submit to the Fire Department for approval; a site plan designating required fire lanes with appropriate lane printing and/or signs. 68. 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 22 PAreports-pc\2009\6-9-09Mp 2006-868 rea Iq\pc coa ext15 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtain at the Fire Department. 69. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 70. A rapid entry Knox Box shall be installed on the outside of the building. If the building/facility is protected with a fire alarm or burglar alarm system, the lock box will require "tamper" monitoring. Special forms are available from this office for ordering the Knox Box. 71. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler systems(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, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. AC- 16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Tire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 72. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group I, Division 1.1 and 1 .2 occupancies). Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2001 CBC, Sec. 904.3.1. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 73. 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. 23 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext16 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quinta, LLC Adopted: 74. A UL 300 hood/duct fire extinguishing system must be installed over the cooking equipment. The extinguishing system must automatically shut down gas and/or electricity to all cooking appliances upon activation. A C-16 licensed contractor must submit plans, along with the current permit fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. 75. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 76. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 77. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 78. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 79. 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. Ref CMC 609.0 80. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to field inspection. All questions regarding the meaning to the code requirements should be referred to Fire Department at 760-863-8886. IMPROVEMENT SECURITY AGREEMENTS 81. Prior to constructing any off -site improvements on Highway 1 1 1, 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 Highway 111. 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. 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: 24 P:\reports-pc\2009\6-9-09\sdp 2006-866 rea Iq\pc coa extl7 of 18 Planning Commission Resolution 2009- Conditions of Approval - Recommended Site Development Permit 2006-868, Extension #1 REA La Quints, LLC Adopted: 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. 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 use unit costs 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. MISCELLANEOUS 82. Bollard lighting shall be provided along the Highway 111 meandering sidewalk per City specifications and requirements. Plan for fixtures and lighting shall be approved by the Planning Director prior to issuance of building permit. 83. If the existing monument sign is damaged to the extent that the repair costs is 50% or more of its value, said sign shall be re -designed with the new design approved by the Planning Director. 25 P:\reports-pc\2009\6-9-09\sdp 2006-868 rea Iq\pc coa ext18 of 18 ATTACHMENT 2 SEE LARGE PLANS 27 ATTACHMENT 3 Planning Commission Minutes June 12, 2007 1%r COpr 4. Chairman Quill asked if there were any uestions of the public. Ms. Stacey Morrison, 47-785 Soft Mo light, stated this project was approved before any of them h purchased their homes. What they are requesting is addition information in regard to the day care, the adjoining fence, and ould like the Commission to know they have had no input fro regarding this project. They have concerns about noise, traf and the number of children. They were never notified this w s going to be a very low-income project. 5. Mr. Ulf Nystrom, 47-808 ndless Sky, stated the third floor tenants will be able to look' to their project and see what they are doing. This is a very hig density project and the parking will be very crowded. They are of against low-income families, but they do not want to live ne door to so many children. Assistant City Manager Doug Evan tated staff will sit down with the adjacent residents to further iscuss the project. When this went through the approval proce s, staff met with the adjoining property owners to ensure the pro' ct would fit into the neighborhood. The City is concerned abou the perception of its affordable housing projects. With all the of rdable projects the City has built, no complaints have been re ived. Mr. Nystrom stated their concern is that they were not t re when this was approved. At least a wall or something ould be constructed. 6. There b ng no further questions and no other public comment, the public Baring was closed and open for Commission discussion. Co issioner Barrows commended the applicant on the project. 7. 1 as moved and seconded by Commissioners Barrows/Alderson o adopt Planning Commission Resolution 2007-024 recommending approval of Site Development Permit 2006-857 as recommended. ovF��mmissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. C. Site Development Permit 2006-868; a request of REA La Quinta, LLC, for consideration of architectural and landscaping plans for a 5,723 square foot freestanding building located at the north side of Highway 111, west m Planning Commission Minutes June 12, 2007 of Jefferson Street within Jefferson Plaza. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the recommended changes to Conditions 16.A.1.b. and 16.13.1.a. Assistant Engineer Ed Wimmer explained the purpose of the condition changes. 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle noted he did have a conflict with the building to the east of this site which is not a part of this project. 3. Commissioner Alderson asked about the screening as there did not appear to be any landscaping except the screening. Staff stated it is typical for staff to request this type of screening. 4. Chairman Quill asked if the sidewalks to the west of this project were eight feet wide. Staff stated an eight foot sidewalk was required for the developed portions. The sidewalk issue is due to the deceleration lane being incorporated into the frontage. 5. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Tom Harberkorn, representing REA La Quinta LLC, stated they agree with the staff report and have only one question regarding the landscaping. He was required to do all the landscaping along Highway 111 along with the six foot sidewalk and berming. This was without even having a building on his pad site. He asked for clarification that Costco is required to do the improvements as noted in Condition 16.6.1.a. Staff confirmed this was true. 6. There being no further questions of the applicant and no other public comment, the public hearing was closed and open for Commission discussion. 7. It was moved and seconded by Commissioners Alderson/Barrows to adopt Planning Commission Resolution 2007-025 approving Site Development Permit 2006-868, as recommended and amended: a. Condition 16.A.1.b.: delete in its entirety and replace with 29 PAReports - PC\2007\6-26-07\6-12-07 Minutes.doc 6 Planning Commission Minutes June 12, 2007 the following: b) Construction of an 6-foot meandering sidewalk along its Highway 111 boundary. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The design shall minimize back of curb contact points. The applicant shall construct a sidewalk to connect the Highway 111 meandering sidewalk to the proposed building as approved by the City Engineer. Additionally, the applicant shall construct an ADA path of travel from the store front along the northerly property line to connect with ADA path of travel to the existing buildings at the north end of Parcel Maps 28573 and 34123. b. Condition 16.13.1.a.: delete in its entirety and replace with the following: a) Widen the east side of Depot Drive from Highway 111 to the east -west drive aisle at the north westerly corner of this Site Development Permit. The east curb face shall be located approximately thirty feet (30') east of the westerly property line of Parcel 2 of Parcel Map No. 28573 to align - — with the proposed through/right turn lane proposed at the Komar entry on the south side of Highway 111. The City established this requirement to prohibit a split phase traffic signal at the Highway 111 intersection that would create additional congestion on Highway 111. The obligated improvements by The Costco Development including pavement, curb relocation, signing and striping and signal modifications are not covered by the City's Highway 111 widening project. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. 30 PAReports - PC\2007\6-26-07\6-12-07 Minutes.doc PH#B PLANNING COMMISSION STAFF REPORT DATE: JUNE 9, 2009 CASE NO.: ZONING ORDINANCE AMENDMENT 2009-098 APPLICANT: CITY OF LA QUINTA REQUEST: CONSIDERATION OF AN ORDINANCE TO 1) PERMIT USED CAR SALES NOT ASSOCIATED WITH A NEW CAR SALES FACILITY WITHIN THE REGIONAL COMMERCIAL ZONING DISTRICT WITH APPROVAL OF A CONDITIONAL USE PERMIT 2) TO ESTABLISH PROVISIONS FOR THE DEVELOPMENT OF USED CAR SALES FACILITIES AND 3) DELETE ERRONEOUS TEXT IDENTIFIED WITH THE AUTOMOTIVE USES PORTION OF THE NON-RESIDENTIAL TABLE OF PERMITTED USES LOCATION: CITY WIDE GENERAL PLAN/ ZONING DESIGNATIONS: NOT APPLICABLE ENVIRONMENTAL DETERMINATION: THE PLANNING DEPARTMENT REVIEWED THE ZONING TEXT AMENDMENTS UNDER THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND HAS DETERMINED THAT THE AMENDMENTS ARE EXEMPT PURSUANT TO SECTION 15O61(B)(3) OF THE CEQA GUIDELINES. BACKGROUND: On June 2, 2009, the City Council approved a temporary urgency ordinance establishing a procedure to conditionally permit used car sales in the Regional Commercial (CR) Zoning District, which is primarily located along Highway 111 between, Washington Street and Jefferson Street. This urgency ordinance was in response to the recent decision of the Chrysler Corporation to terminate the franchise agreement, effective June 8, 2009, with the Dodge City Chrysler Jeep dealership located at 79-025 Highway 111. ZOA 09-098 Planning Commission Staff Report 06/09/09 — Used Car Facilities Page 1 of 5 P:\Reports - PC\2009\6-9-09\ZOA 09-098\ZOA 09-098 Staff Report.doc 1 As a result of this action, the Dodge City Chrysler Jeep dealership is no longer an authorized new car sales facility and consequently is no longer in compliance with the CR District's requirement that permits the sale of used vehicles only when associated with a new vehicle sales facility. The owner of Dodge City intends to remain open as a used car sales facility and continue to operate their repair facility while exploring the possibility of obtaining a new sales franchise with a different car company. In the review of the urgency ordinance, the City Council determined that any subsequent closure of new car dealerships would have a negative financial impact on the City, including increasing unemployment, creating vacancies along the City's busiest commercial corridor, and eliminating the sales taxes that these dealerships currently collect which help fund State and City operations. Permitting the operation of former new car dealerships as used car sales facilities could reduce some of these problems. PROPOSAL: In light of recent events that have affected local auto sales and sales tax revenue, staff proposes a Zoning Ordinance Amendment to address this issue with a permanent amendment to the City's code requirements. The proposed changes will affect Section 9.80.040, Table 9-5, the Table of Permitted Uses, by identifying used car sales not associated with a new car sales facility as being permitted in the Regional Commercial zoning district with a Conditional Use Permit. In addition, staff is proposing to delete some erroneous text identified within the table that references mixed uses. With these proposed changes, permitted automotive uses within Table 9-5 (Recommended Resolution Exhibit A) will appear as follows: Land Use CR CP CC CN CT CO MC Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) Automobile service stations, C C C C X X X with or without minimart Car washes C C C X X X X Auto body repair and X C X X X X X painting; transmission repair ZOA 09-098 Planning Commission Staff Report 06/09/09 - Used Car Facilities Page 2 of 5 PAReports - PC\2009\6-9-09\ZOA 09-09820A 09-098 Staff Report.doc 2 Use- 30 Auto repair specialty shops, C C C X X X X providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune-up services — not including major engine or drivetrain repair Auto and motorcycle sales C C X X X X X and rentals Used vehicle sales, not G C X X X X X associated with a new vehicle sales facility, as per: Section 9.100.300 Truck, recreation vehicle C C X X X X X and boat sales Auto parts stores, with no P P P C X X X repair or parts installation on the premises Auto or truck storage yards, X C X X X X X not including dismantling Private parking lots/garages C C C X C C X as a principal use subject to Chapter 9.150, Parking In addition to these changes, staff is proposing the establishment of code provisions to specifically regulate the design, operation, and activities associated with used vehicle sales facilities (Recommended Resolution Exhibit B). These provisions include regulating where and how vehicles are displayed within the property, the screening of service bays and storage areas, limiting used vehicle sales facilities to properties in an approved specific plan having a minimum of 4 acres in size, and banning associated nuisances such as loudspeakers. ANALYSIS: The proposed ordinance would make permanent the ability for the Dodge City dealership to continue operations as a used car sales facility and open the door for used car sales facilities within the Regional Commercial zoning district. The ZOA 09-098 Planning Commission Staff Report 06/09/09 - Used Car Facilities Page 3 of 5 P:\Reports - PC\2009\6-9-09\ZOA 09-098\ZOA 09-098 Staff Report.doc 3 proposed ordinance is consistent with the City's General Plan in that the General Plan authorizes automobile sales in the Regional Commercial zoning district and does not prohibit used automobile sales. With this code modification, individual conditions and environmental impacts would be reviewed on a case -by -case basis through the Conditional Use Permit process and be required to be located within an approved Specific Plan. The most likely location for used car sales facilities in the future will be within existing automotive dealerships such as the La Quinta Auto Centre. Although used vehicle sales facilities are already permitted in the Commercial Park zoning district, there are currently no provisions in the code that are specific to the regulation and design of used vehicle sales facilities. A number of common nuisance and site design issues are be best addressed through specific code provisions, such as regulating how vehicles are displayed, screening, regulating .storage areas, and specifically identifying permissible accessory uses that tend to be associated with used vehicle sales facilities.. Any design issue or potential nuisance that is not covered in these code provisions will be addressed through a mandatory conditional use permit process. With these code provisions, staff believes that used car sales facilities could be a positive addition to the permitted automotive uses within the Regional Commercial corridor. CEQA: The proposed Zoning Ordinance Amendment is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15061(b)(3), because the environmental impact of permitting stand-alone used car sales facilities will be evaluated on a project -by -project basis through the Conditional Use Permit approval process. As a result, there is no possibility that its adoption would have a significant effect on the environment. Public Notice: This request was published in the Desert Sun newspaper on May 29, 2009. To date, no letters have been received. A copy of this request has been sent to all applicable public agencies and City Departments. Any comments from public agencies have been included in the recommended conditions of approval. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of the Zoning Ordinance amendments can be made and are contained in the attached Resolution. ZOA 09-098 Planning Commission Staff Report 06/09/09 — Used Car Facilities Page 4 of 5 P:\Reports - PC\2009\6-9-09\ZOA 09-098\ZOA 09-098 Staff Report.doc M RECOMMENDATION: 1. Adopt Planning Commission Resolution recommending approval of Zoning Code Amendment 2009-098 to the City Council. Prepared by: IneowJMogensen AICP, ipal Planner ZOA 09-098 Planning Commission Staff Report 06/09/09 — Used Car Facilities Page 5 of 5 PAReports - M2009\6-9-0920A 09-09820A 09-098 Staff Report.doc , 5 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2009-098 TO 1) PERMIT USED CAR SALES NOT ASSOCIATED WITH A NEW CAR SALES FACILITY WITHIN THE REGIONAL COMMERCIAL ZONING DISTRICT WITH APPROVAL OF A CONDITIONAL USE PERMIT (9.80.040), 2) TO ESTABLISH PROVISIONS FOR THE DEVELOPMENT OF USED VEHICLE SALES FACILITIES (9.100.300), AND 3) DELETION OF ERRONEOUS TEXT WITHIN THE AUTOMOTIVE USES PORTION OF THE TABLE OF PERMITTED USES (9.80.040) CASE NO.: ZONING ORDINANCE AMENDMENT 2009-098 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9" of June, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) permit used car sales facilities not associated with a new car sales facility within the Regional Commercial zoning district with the approval of a Conditional Use Permit, 2) to establish provisions for the development of used vehicle sales facilities, and 3) to delete erroneous text within the Automotive Uses section of Table 9-5; and WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on May 29, 2009, as prescribed by the Municipal Code; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Ordinance Amendment: 1. The proposed Zoning Ordinance Amendment is consistent with the General Plan in that the General Plan authorizes automobile sales in the Regional Commercial land use area. Used vehicle sales facilities are an appropriate and compatible land use in Regional Commercial because Regional Commercial Planning Commission Resolution 2009- Zoning Ordinance Amendment 2009-098 June 9, 2009 land use accommodates the widest variety of commercial land uses and allows for similar land uses such as new vehicle sales facilities and automotive service facilities. As a result, the Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan. The proposed provisions to regulate used vehicle sales facilities are intended to allow for the continued high quality of development in the City. 2. Approval of the Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. Impacts on public health, safety, and welfare that may arise from used car sales facilities will be evaluated and addressed on a project -by -project basis through a conditional use permit approval process. 3. The Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act in that the proposed changes to the Municipal Code will have no effect on the environment. Future proposed used car sales facilities will be analyzed under CEQA on a project -by -project basis. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2009-098 as set forth in attached Exhibits A and B to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on the 9" day of June, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 7 Planning Commission Resolution 2009- Zoning Ordinance Amendment 2009-098 June 9, 2009 ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta EXHIBIT A 9.80.040 Table of permitted uses, Automotive Uses Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District Regional Commercial Community Neighbor- Tourist Office Major A = Accessory use hood Commercial Park Commercial Commercial Commercial Community C = Conditional use Commercial permit Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR j CP CC CN CT CO MC Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) -,e rr_,... �r.. ---Eoa use Used vehicle sales, not x C C X X X X X associated with a new vehicle sales facility, as per Section 9.100.306 0 EXHIBIT B 9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales Facility A. Use Permit Required. Used vehicle sales not associated with a new vehicle sales facility may be permitted in the CR district subject to approval of a conditional use permit when consistent with a Specific Plan. Used vehicle sales facilities are subject to the use and design standards herein. B. Signs. Used vehicle sales facility signage shall be approved through a sign program in accord with Section 9.160.090. Balloons, streamers, spinning or animated signs and devices, strobe lights, spotlights, lasers, and inflatable devices shall be prohibited. C. Hazardous Materials. All used vehicle sales facilities shall comply with the requirements of Section 9.100.230 pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc. D. Standards for Used Vehicle Sales Facilities. 1. Types of Used Vehicles Defined. Permitted principal use shall consist of the sale of used motorized vehicles to include motorcycles, cars, trucks, and commercial vehicles. 2. Accessory Uses. Permitted accessory uses shall include: vehicle service and repair, sales and installation of automotive parts, electronics, and accessories, car washing, and auto detailing. All accessory uses must be specifically included in the conditional use permit approval. 3. Screening. A block wall of at least six feet in height and a 20 foot wide landscaping buffer shall be installed along all site boundaries which abut residentially zoned properties. All screening shall comply with the height standards in Section 9.100.030 (Walls and Fences). 4. Storage and Display. All retail, service, repair, and storage uses shall occur wholly within an enclosed building and in a specific location designated in the approved conditional use permit. Focal display areas elevated more than one foot above the average finish grade of the overall outdoor parking lot or display area shall be prohibited. Hoods, trunks, and doors of all vehicles displayed outdoors shall remain closed at all times. Vehicles must be parked on a paved surface and are prohibited from being displayed from sidewalks or within landscaped areas. 5. Orientation of Service Bays. Service bays and garage doors shall not be visible from perimeter arterial streets. 6. Property Standards. Used vehicle sales facilities shall not be permitted on parcels less than four acres in size. 10 7. Outdoor Speakers. The use of outdoor loudspeakers and intercoms shall be prohibited. 11 CI # C 2009 July 7 21 August 4 18 September 1 15 October 6 20 November 3 17 December 1 15 2010 January 5 19 February 2 16 March 2 16 April 6 20 May 4 18 June 1 15 PLANNING COMMISSIONER ATTENDANCE AT CITY COUNCIL MEETINGS JULY 7, 2009 — JULY 6, 2010 Katie Barrows Paul Quill Mark Weber Council Dark Council Dark Robert Wilkinson Ed Alderson Katie Barrows Paul Quill Mark Weber Robert Wilkinson Ed Alderson Katie Barrows Paul Quill Mark Weber Robert Wilkinson Ed Alderson Katie Barrows Paul Quill Mark Weber Robert Wilkinson Ed Alderson Katie Barrows Paul Quill DI #A MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Director DATE: June 9, 2009 RE: Discussion Item - Comments eunty Project TPM 34784 This is an informational item provided to the Commission, relating to a comment letter sent to Riverside County in regard to a proposed Tentative Parcel Map (TPM) in the City Sphere of Influence (SOI). BACKGROUND This particular map was the first project reviewed under a draft MOU between Riverside County and its cities, specifying standards of review for projects within a city's SOL Upon approval of the eastern SOI on April 28, 2006, staff began a review -and -comment process for County projects located in La Quinta's SOI areas. In September of 2006, a staff report on TPM 34784 was presented to the Planning Commission (Attachment 1). The map is located in the City's north SOI area, along the north side of Darby Road. The intent of the report was to analyze the map under the City's development standards at the time, and obtain the Commission's feedback and direction to send a comment letter to the County Planning Department. However, the applicant requested a continuance of the map review to September 26, 2006, in order to assess the City's staff report against the County's requirements. At the September 26 Planning Commission meeting, this item was tabled based on a pending redesign and no action was taken by the Commission. As a result, no comment letter was prepared at that time, pending the map's re - submittal for review. Subsequent to the review of this map, staff suspended Planning Commission review of future County applications in the City's SOI areas, as the review caused confusion for the applicant and compounded the review process. In addition, SOI matters have been under the purview of the City Council. Since then, staff has been responding to comment requests in writing, with follow-up testimony at County Planning Commission hearings. t :\fleNurts - I1C'.:?009'6-9-09%1111YVI 3«784 DI 6-9 FCA(x ] In March 2009, staff received a comment request from Riverside County Planning for TPM 34784, Amendment #1. Staff reviewed the redesigned map and provided a comment letter to the County (Attachment 2). Staff also presented testimony and answered questions before the County Planning Commission on April 29, 2009. The Commission did recommend approval of the map to the County Board of Supervisors; that action is pending. Some of the recommendations in the City's comment letter were addressed under the County approval conditions, but the map was acted on based on the County staff recommendation with no changes. Based on this map having been originally sent to the Planning Commission for review, and that the Planning Commission tabled the matter at their September 26, 2006 meeting, staff is presenting this information as a follow-up matter. No action is required. RECOMMENDATION It is the staff recommendation that the Planning Commission receive this report, and file it with the Planning Department. Attachments: 1. Planning Commission Staff Report, dated 9/12/06 (5 pages) 2. Planning Staff Comment letter, dated 4/28/09 (4 pages) P:�,Reports - M2009'16-9-09jPM 34784 DI 6-£I PC.dor_ 2 0 STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 12, 2006 ATTACHMENT 1 ITEM: SPHERE OF INFLUENCE - RIVERSIDE COUNTY 2006-01 TENTATIVE PARCEL MAP 34784; RIVERSIDE COUNTY APPLICATION APPLICANT: WASHINGTON 111, LTD. LOCATION: NORTH SIDE OF DARBY ROAD, t 670 FEET WEST OF ADAMS STREET (ATTACHMENT 1) REQUEST: PLANNING COMMISSION REVIEW AND COMMENT ON PROJECT PROPOSED IN THE CITY SPHERE OF INFLUENCE (SOI) BACKGROUND: As part of the City's cooperative planning program with Riverside County, all County projects proposed within City SOI areas will now be forwarded to the City for review and comment. Therefore, staff has received a request for comments transmittal from the County on this project. Staff is presenting the map to the Planning Commission for review of the project, along with the staff -identified concerns. The objective is to convey the City's concerns to the County through an informal review by the Planning Commission. PROPOSED PROJECT: Tentative Parcel Map 34784 (Attachment 2) is a land division of a 1.45 acre parcel into three residential lots, a well site lot as Parcel 4, and one common street/retention basin lot (Lot A). The project has access provided from Darby Road, into the site via a 24-foot wide private road along the first three lots, ending in a cul-de-sac and retention basin. The fourth parcel is at the far north of the site, at the cul-de-sac terminus, and although not designated as such, is intended to be a well site lot. The following comparison of County and City designations/standards is provided: Jurisdiction I Land Use Zoning Min Lot Size I Darby Road Private Street Riverside MDR R-1 (proposed) 7,200 60' ROW LINK County (2-5 UPA R-1-12000 (ex.) 12,000 40' CTC La Quinta LDR RL 7,200 60' ROW 28' CTC or to (0-4 UPA) 40' CTC flow lines' TPM 34784 2.76 UPA R-1 7,201 60' ROW 24' ROW 40'CTC 22' CTC 3 'Minimum required street width. At 28' — no parking both sides; 32' — parking one side only; 36' — parking both sides The proposal includes a County zone change from R-1-12,000 to R-1, to allow the minimum lot size at 7,200 s.f. Lot sizes for Parcels 1 — 3 range from 7,201 to 7,889 s.f., while Parcel 4 is 16,378 s.f. Darby Road is a local street (60-foot ROW, 40-foot curb to curb roadbed width) as designated by Riverside County. STAFF ANALYSIS: COMMUNITY DEVELOPMENT COMMENTS - Certain La Quinta General Plan issues!policies would be applicable and are referred to, as follows: Circulation Element • Program 2.8 sets the minimum intersection spacing for local streets as 250 feet. The project entry road is less than 200 feet from the adjacent existing subdivision to the east (TR 23742). • Program 2.10 requires that private streets be designed to a minimum 28 foot width with restricted parking; the entry road on this tract is shown as a 22-foot width. • TT 31087, approved by City Council as an adjacent territories subdivision map, was conditioned to provide a Collector status design (74-foot ROW, with 10-foot landscaped setback) for its frontage along Darby Road. Specifically, as part of the TT 31087 map approval, a GPA was required to be processed for designation of Darby Road to Collector status, as part of annexation of this SOI area. Staff recommends that the County require an increased parkway of 18 feet behind the curb line, which would allow for the Collector width and maintenance based on current City standards. • While Parcel 4 is intended to be a well site, it is a flag lot situation. The County will need to coordinate with the Fire Marshal on this parcel as the Fire Department does not support flag lots to be created in subdivisions. • A 25-foot setback on Parcel 1 is recommended from Darby Road ROW line, to help mitigate view and noise concerns. Other Comments/Concerns: • Site drains to the north and pad elevations indicate significant variations in grade with existing houses to the east (TR 23742), up to as much as 11 feet. Public Works shares this concern and is noted in their comments on drainage — refer to Public Works comment summary. City code requires limits height for walls at a] grade transitions to 6 feet on high grade side and 8 feet on lower grade side of wall (Section 9.60.030, B & C; LQMC). Export of excess material is recommended. • Entry street angles in from Darby Road to accommodate adequate turn radius on east side of entry. East side of parcel map between roadway and pavement edge should be widened correspondingly, or be at least 5 feet in width, to allow landscaping area along roadway and adequate wall separation. • Entry gating of the project would not be permitted based on the proposed design and access constraints. PUBLIC WORKS COMMENTS — The Public Works Department has reviewed this map and provided comments (Attachment 3). In summation, their concerns are as follows: • Darby Road to be a Collector Road; • Private entry road to be minimum 28 feet between flow lines, with no on -street parking permitted. Provide minimum 4-foot landscaped buffer at east property line; • Retain 100-year storm flow within private street ROW. Revise retention basin design to accommodate historical storm flow from the west, either by pumping overflow or design beyond 100-year storm event. • Proposed pad elevations 1 - 3 indicate significant variations in grade with existing houses to the east (TR 23742). Balance pad elevations with respect to east and west side development scenarios. Move to authorize staff to transmit comments on TPM 34784 to Riverside County. Prepared by: Wallace Nesbit, Principal Planner Attachments: 1. Location Map 2. TPM 34784 3. Public Works comments E ATTACHMENT Pal III /ww WAKING M. VlCIMTY MAP (NO SOALAV THOMAS GUIDE MAP, 2006 EDITION PAGE 819, GRID G-6 ATTACHMENI i t nI !■ o r 1` (• • ie 1 I 1 lot ft Ilk I0611 1'•iglii� I {!1 I �i 0{ ilON i�C ill, i 0 0 ® e7 Tttt1z 4 k� P.O. Boa 1504 ATTACHMENT 2 LA QuINrA, CALIFORNIA 92247-1504 78-495 CALLE TAUPICo (760)777-7000 LA QurxrA, CALIFORNIA 92253 FAX (760) 777-7101 April 28, 2009 Mr, Maurice Borrows, Project Planner Riverside County Planning Department Indio Office 38686 El Cerrito Road Palm Desert, CA 92211 RE: Proposed CZ 7384 and Tentative Parcel Map 34784 Dear Mr. Borrows: We have received your request for comment on the referenced application, and would like to thank you for the opportunity to review this revised project. According to your transmittal, the project is a 4-lot subdivision of t 1.5 acres, and a zone change from R-1-12000 to R-1., 7,200 s.f. minimum lot size. The site is on the north side of Darby Road, t 670 feet west f of Adams Street. As part of our review process for all County applications within unincorporated areas designated as within the Sphere of Influence (SOU of the City of La Quinta, the City presents the following recommendations and comments in relation to City review standards, policies and procedures as they would be applied to this project. The current pre -annexation land use and zoning adopted by the City for this site is Low Density Residential, allowing up to 4 units/acre, with a minimum lot size of 7,200 s.f. The proposed project is consistent with the City land use (LDR) and zoning (RL) designations. 1. Parcel 1 should be restricted to single story, at a height not to exceed 22 feet 2. The City would require a revised Darby Road street section (Please refer to Public Works comments as outlined below). City staff requests a condition acknowledging that the map is in the City's Sphere of Influence and that if the map is annexed into the City prior to recording, the City's improvement standards would prevail. 3. A minimum 25-foot building setback is recommended for Parcel 1 along the existing Darby Road ROW line, to help mitigate view and noise concerns, and accommodate the City standard for Darby Road street improvements if the map is annexed after recordation. 4. The City requests that preliminary landscape plans be required by the County with this application, and that these plans be provided to the City for review. I 5. Certain special studies would be required with this application. A Phase 1 cultural resources survey would be required. LA QUINTA PUBLIC WORKS Public Works has reviewed the subject TTM 34784 prepared by Nolte Engineering dated February 12, 2009. The tentative tract map information is insufficient to fully review the project. Specifically, Public Works has significant regional storm water and pad elevation concerns for this project. The applicant has not identified a viable strategy to handle storm flows tributary to Darby Road. The pad elevation of Parcel 3 of 89.5 ft is of particular concern relative to the adjacent catch basin inlet flow line and the estimated retention basin spill elevation. Additionally, Public Works offers the following comments, based on City of La Quinta requirements as would be applicable to this map if the site were in the City limits at present: 1 . The following conditions shall be applicable for the Public Street right of way for this Tentative Parcel Map: A. Darby Road, Collector Street (74' ROW) - The standard 37 feet from the centerline of Darby Road for a total 74-foot ultimate developed right of way. Pursuant to this condition, the intersection spacing shall be 300 feet between Parcel "A" and Moore Lane (Private Street) to the east. B. Parcel A, Cul-de-sac (50' ROW) - The standard 25 feet from the centerline of Parcel "A" for a total 50-foot ultimate developed right of way. Pursuant to this condition, the applicant shall gain necessary right of way from the property to the,west for full right of way requirements prior to recordation of the Final Map. 2. The applicant would be required to provide a preliminary grading plan for review, along with a hydrology study. On -site retention of all tributary storm water would be required. Additionally, overflow storm water would need to be addressed by the hydrology study. As a preliminary hydrology report was not provided, the applicant shall comply with the following: A. 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. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. The applicant or successors shall make provisions within the project to resolve and accommodate related Darby Road tributary areas and storm water volumes, as acceptable to the City Engineer. B. 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. to C. 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. D. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. E. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. F. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. G. Storm water 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). H. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 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. The subject project has not vet defined an J. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. The subject project has not vet defined an overflow route and as such may be unable to comply with a standard City of La Quinta Public Works Condition of Approval. The proposed pad elevations cause substantial differences between the proposed Parcels 1 through 3 and existing development to the east. The applicant shall provide revised pad elevations for balancina pad differentials to the east and west of the development while maintaining sufficient storm water freeboard. The pad elevation of Parcel 3 of 89.5 ft is of particular concern Please be advised that the Public Works Department comments are a cursory review on 10 development abutting the City of La Quinta city limits and not for said entitlement of the development. We hope that these comments are helpful to you in processing this application. Should you have questions regarding this letter, please contact the undersigned at 760-777-7069 (Fax 76D-777-1233), orvia e-mail at wnesbit@la=guinta.org. Very truly yours, we Ae Wallace Nesbit Principal Planner WN/wn C: Public Works 11 Tit!r 4 4 Q9146 MEMORANDUM TO: Members of the Planning Commission FROM: Les Johnson, Planning Directo V9 DATE: June 9, 2009 SUBJECT: Correction to Minutes of April 28, 2009 For your consideration, here are three suggested revisions to the minutes of April 28, 2009. Page 4, paragraph 3, sentence 1, shall be corrected to read: Planning Director Johnson said there were some conditions that needed to come back to the Planning Commission for consideration as Business Items. Page 21, paragraph 4, sentence 4, shall be corrected to read: He cautioned the Commissioners to make sure that it was substantiated, and defined, if they did something other than what was being recommended by staff. Page 23, paragraph 2, sentence 9, shall be corrected to read: He said he wanted the lighting issue addressed because moving the signs closer to the parking lot lights was probably not going to serve the applicant's intended purpose. The parking lot lights were not designed with the intention of lighting these signs. P:iCANGLYNVPanning CQmAPC Minul:es\f?evision of 4-26-09 Minutes Memo.doc TO: FROM DATE: RE: MEMORANDUM Honorable Chairman and Planning Commission Members Timothy R. Jonasson, Public Works Director/City Engineer June 9. 2009 Requested change to Condition No. 7 of SDP No. 2006-868 Extension No. 1 Please delete the following text from Condition No. 7: "and shall make a good faith effort to acquire easements or other property rights for the adjacent project's deceleration lane transition curb reconstruction." othy R. Jo asso , P.E. Public Works Direct ity Engineer VAitewater River Region N54 Permit .erview r , T,,nP 9' 7nn9... ft.--Jonasson; P. E: )irector/CKV Engineer 3C, Prindp l"Engineen Why are we here? ❑ Third -Term NPDES MS4 Permit adopted May 21, 2008 ❑ Permit requires enhanced compliance programs by June 15, 2009 ❑ Updated SWMP (regional procedures document) ❑ Implementation of SWMP Plan of Action ❑ Regional Board Submittal/Implementation — June 15, 2009 ❑ State Water Board Revisions — August 2009 ❑ Program audits likely in 2010 introduction to NPDES MS4 Permits 4& ❑ Required by Federal Clean Water Act (as amended in 1987) ❑ Issued by RWQCB on behalf of USEPA (1996, 2001, 2008) ❑ Five-year term ❑ Designed to regulate discharges of Urban Runoff from MS4s to Waters of U.S. 1. Manage non-stormwater discharges from urban areas 2. Mitigate impacts of Urban Stormwater Runoff on Waters of the U.S. ❑ Violations can be assessed at $32,500 per day NPDES MS4 Pennit Co-Pernvttees AML ® Riverside County Flood Control & Water Conservation District ~; County of Riverside Banning Cathedral City Coachella Desert Hot Springs Indian Wells Coachella Valley Water District Indio La Quinta Palm Desert Palm Springs Rancho Mirage Projects Subject to WQVIP Public and Private Projects subject to the WQMP for New Development: o S.F. Hillside Residences with >= 10,000 sq. ft. imp. area o Industrial/Commercial Developments >= 100,000 sq. ft. o Automotive repair shops a Retail Gasoline Outlets with >= 5,000 sq. ft. imp. area Restaurants with >=5,000 sq. ft. imp. Area o 10 lot or greater residential subdivisions o Parking lots >=5,000 sq. ft. Tentative Design Criteria for BWs BMP Type Development w/o Infiltration Developments with Ordinance Infiltration Ordinance exceeding Treatment Control Requirements (100 year retention) Site Design Goal of 0.4" infiltrated or Exempt reused, unless site conditions are infeasible Treatment Control 85% Runoff must be treated Exempt (0.4") for all areas not using site design Hydromodification Post Project 2 yr. <= Pre Exempt Project 2 yr. Note: Projects subject to Infiltration Ordinances must still complete other WQMP requirements such as source control and documenting maintenance and financing mechanisms. Ar, Vegetated Swales FXX 4�1 Treatment Control - Weadras.r. 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