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1999 06 01 CC� oz c&t,/ 4 v 5 cu OF TN City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting June 1, 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-67 Ord. No.332 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. Please watch the timing device on the podium. CLOSED SESSION NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. EVALUATION OF COUNCIL -APPOINTED POSITIONS - CITY ATTORNEY AND CITY CLERK PURSUANT TO GOVERNMENT CODE SECTION 54956.6. W �J .1. PUBLIC COMMENT - 3:00 pm 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. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of May 18, 1999 ANNOUNCEMENTS PRESENTATIONS WRITTEN CORRESPONDENCE CONSENT CALENDAR Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED JUNE 1, 1999. 2. ADOPTION OF RESOLUTION APPROVING THE SUBMISSION OF THE CALIFORNIA TRAILS AND GREENWAYS FOUNDATION GRANT APPLICATION. 3. ADOPTION OF RESOLUTION ACCEPTING THE DONATION OF A HORSESHOE PIT TO THE LA QUINTA SENIOR CENTER. 4. ADOPTION OF RESOLUTION ACCEPTING THE DONATION OF PATIO UMBRELLAS TO THE LA QUINTA SENIOR CENTER BY THE FRIENDS OF THE LA QUINTA SENIOR CENTER. Page -2- 5. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-4, INCO/HUNTINGTON HOMES. 6. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-5, INCO/HUNTINGTON HOMES. 7. APPROVAL TO NEGOTIATE WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IMPROVEMENT PROJECT AND PRIVATE DEVELOPER PROJECT INSPECTION. 8. ADOPTION OF RESOLUTION REAFFIRMING THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. BUSINESS SESSION 1. CONSIDERATION OF REQUEST BY THE LA QUINTA ARTS ASSOCIATION TO SUBLEASE A CITY -OWNED BUILDING OCCUPIED BY THE LA QUINTA CHAMBER OF COMMERCE. A) MINUTE ORDER ACTION. 2. CONSIDERATION OF APPROVAL OF CULTURAL ARTS COMMISSION 1999/2000 WORK PLAN. A) MINUTE ORDER ACTION. 3. CONSIDERATION OF APPROVAL OF THE COMMUNITY SERVICES COMMISSION 1999/2000 WORK PLAN. A) MINUTE ORDER ACTION. 4. SECOND READING OF ORDINANCE NO. 331 - RE: ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE. STUDY SESSION 1. DISCUSSION OF THE INTERSECTION ULTIMATE IMPROVEMENTS AT JEFFERSON STREET AND AVENUE 52. Page -3- REPORTS AND INFORMATIONAL ITEMS A. CVAG COMMITTEE REPORTS B. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (PENA) C. C. V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) D. C. V. MOUNTAINS CONSERVANCY (SNIFF) E. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) F. LEAGUE OF CALIFORNIA CITIES COMMITTEES G. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) H. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) I. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION J. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (HENDERSON) K. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD L. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) M. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS A. CITY MANAGER 1 . RESPONSES TO PUBLIC COMMENT B. CITY ATTORNEY C. CITY CLERK 1 . REPORT ON UP -COMING EVENTS 2. REPORT ON CITY COUNCIL MEETING SCHEDULE D. BUILDING AND SAFETY DIRECTOR - None E. COMMUNITY DEVELOPMENT DIRECTOR 1 . INFORMATION REGARDING CURRENT REGULATIONS ON TWO-STORY UNITS F. COMMUNITY SERVICES DIRECTOR - None G. FINANCE DIRECTOR - None H. PUBLIC WORKS DIRECTOR - None I. POLICE CHIEF - None J. BATTALION CHIEF - None MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. r Page -4- PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PRESENTATIONS PUBLIC HEARINGS APPEAL BY MR. ARTHUR BRANDT OF THE PLANNING COMMISSION'S DECISION TO APPROVE SITE DEVELOPMENT PERMIT 99-651, A REQUEST BY KSL RECREATION CORPORATION TO INSTALL 9,600 SQUARE FEET OF TEMPORARY MODULAR OFFICE UNITS ON A FOUR -ACRE SITE DEVELOPMENT WITH EXISTING INTERIM USES IN THE TOURIST COMMERCIAL DISTRICT PURSUANT TO SPECIFIC PLAN 83-002 (PGA WEST) AT 55-910 PGA BOULEVARD. A) RESOLUTION ACTION. 2. APPEAL BY PGA WEST RESIDENTIAL HOMEOWNERS ASSOCIATION OF DEVELOPMENT PLANS APPROVED BY THE PLANNING COMMISSION FOR FOUR NEW PROTOTYPE HOUSES VARYING FROM 2,027 TO 2,809 SQUARE FEET IN SIZE AND LOCATED ON THE EAST SIDE OF TANGLEWOOD, BETWEEN ARNOLD PALMER AND FIRESTONE AND CANTERBURY AT RIVIERA IN PGA WEST. A► RESOLUTION ACTION. 3. GENERAL PLAN AMENDMENT 99-062, A REQUEST TO REMOVE 30 ACRES OF TOURIST COMMERCIAL USE AND REPLACE IT WITH GOLF COURSE AND LOW DENSITY RESIDENTIAL USE, LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48, SPECIFIC PLAN 84-004 AMENDMENT #3 UPDATING THE DEVELOPMENT PLAN TO BE CONSISTENT WITH THE GENERAL PLAN REQUEST, LOCATED SOUTH OF AVENUE 48 NORTH OF AVENUE 50, WEST OF JEFFERSON STREET AND EAST OF WASHINGTON STREET; AND ZONE CHANGE 99-090 TO REMOVE 30 ACRES OF TOURIST COMMERCIAL ZONE AND REPLACE IT WITH GOLF COURSE AND LOW DENSITY RESIDENTIAL ZONE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND 48TH AVENUE. APPLICANT: RANCHO LA QUINTA/ T. D. DESERT DEVELOPMENT. A) MINUTE ORDER ACTION. B) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. C) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING. D) RESOLUTION ACTION. Page -5- .x 4. GENERAL PLAN AMENDMENT 98-060, ZONE CHANGE 98-089, AND TENTATIVE TRACT MAP 29053 A REQUEST TO APPROVE A GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL (CC) TO LOW DENSITY RESIDENTIAL (LDR); ZONE CHANGE FROM COMMUNITY COMMERCIAL (CC)TO LOW DENSITY RESIDENTIAL (RL); AND TENTATIVE TRACT MAP TO CREATE 103 SINGLE FAMILY LOTS ON 33 NET ACRES NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND 50TH AVENUE. APPLICANT: LUNDIN DEVELOPMENT COMPANY. A) MINUTE ORDER ACTION. B) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. C) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING. D) RESOLUTION ACTION. 5. ADOPTION OF COMPOSITE RESOLUTION FOR GENERAL PLAN AMENDMENTS NOTED IN PUBLIC HEARINGS NO. 3 & 4 BY ANNOUNCING FINDINGS, CONFIRMING ENVIRONMENTAL DETERMINATION AND ADOPTING AN AMENDMENT TO THE LA QUINTA GENERAL PLAN FOR GPA 98-060 AND 99-062. D) RESOLUTION ACTION. 6. VILLAGE ON THE GREEN SPECIFIC PLAN 97-031 AMENDMENT #1, SITE DEVELOPMENT PERMIT 97-618 AMENDMENT #1 FOR APPROVAL OF BUILDING AND LANDSCAPING FOR 26 ACRE, 86 SINGLE-FAMILY RESIDENTIAL LOT SUBDIVISION AND TEN ACRE, 118 SENIOR APARTMENTS WITH RECREATIONAL AMENITIES. THE APARTMENTS WILL BE AVAILABLE TO VERY LOW, AND LOW INCOME SENIORS AND THE SINGLE FAMILY HOUSING WILL BE AVAILABLE TO MODERATE INCOME LEVEL PERSONS OR HOUSEHOLDS. APPLICANT: CATELLUS RESIDENTIAL GROUP/LA QUINTA REDEVELOPMENT AGENCY. A) RESOLUTION ACTION. 7. PUBLIC MEETING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 1999/2000. A) RESOLUTION ACTION. ADJOURNMENT Page - 6 - DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of June 1, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Albertson's, 78-630 Highway 1 1 1, on Friday, May 28, 1999. DAfFb: May 28, 1999 /8ALUNDRA L. JUHOLA, City Clerk City of La Quinta, California PUBLIC NOTICE 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 777-7025, 24-hours in advance of the meeting and accommodations will be made. Page - 7 - La-�T •c U of 1H�0 ('OUNC'11 /RDA MEETING DATE: JUNE I, 1999 ITEM TITLE Demand Register Dated June 1, 1999 RECOMMENDATION: Approve Demand Register Dated June I, 1999 BACKGROUND Prepaid Warrants: 37129 - 37135: 9,279.42 37130 - 37137: 112.40 37138 - 37140; 1,500.00 Wire Transfers; 22,508.28 P/R 3050 - 3123; 85,373.02 P/R Tax Transfers} 24,870.69 Payable Warrants: 37141 - 37229} 662,491721 $806,136.53 FISCAL IMPLICATIONS: Demand of Cash - City $800,130.94 ohn M. Falconer, Finance Director 4 CITY DEMANDS RDA DEMANDS AGENDA CATEGORY. - BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING $806,130.94 5.59 $806,136.53 CITY OF LA QUINTA BANK TRANSACTIONS 4/29/99 - 5/21 /99 5/13/99 WIRE TRANSFER - DEFERRED COMP $5,563.49 5/13/99 WIRE TRANSFER - PERS $16,944.79 TOTAL WIRE TRANSFERS OUT $22,508.28 z A-�CUUNT,:) rAYtitsl.t - iAeDuuL)-- CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37141 05/21/99 &00779 SANJAY GANDHI 50.00 37142 05/21/99 &00780 GAIL MOONEY 8.00 37143 05/21/99 &00781 VALLEY RESOURCE CENTER 75.00 37144 05/21/99 &00782 BETTYE'S BEST COOKIES 42.00 37145 05/21/99 &00783 ESTATE OF LUCILE H LOEB 431.16 37146 05/21/99 AEP010 AEP 160.00 37147 05/21/99 ALB005 ALBERTSONS FOOD CENTER 154.86 37148 05/21/99 AMC050 A & M CONSTRUCTION 1465.00 37149 05/21/99 AME017 AMERICAN ARTIST 28.95 37150 05/21/99 AME050 AMERICAN PUBLIC WORKS ASC 500.00 37151 05/21/99 AME200 AMERIPRIDE UNIFORM SVCS 95.56 37152 05/21/99 ARRO10 ARROW PRINTING COMPANY 98.59 37153 05/21/99 ASCO01 A & S COFFEE SERVICE 244.00 37154 05/21/99 ATC010 ATCO MANUFACTURING CO 504.00 37155 05/21/99 ATT100 AT&T WIRELESS SVC 140.71 37156 05/21/99 AUT040 AUTOMATIC STOREFRONT 769.29 37157 05/21/99 BAR075 BARGREEN ELLINGSON INC 214.75 37158 05/21/99 BEN050 SUSAN BENAY 26.36 37159 05/21/99 BIL050 BILLIARDS & BARSTOOLS 250.00 37160 05/21/99 BOY075 BOYS & GIRLS CLUB OF 14905.00 37161 05/21/99 BRA150 JOHN BRANSTETTER 160.00 37162 05/21/99 BRI100 BRINKS INC 250.00 37163 05/21/99 CAD010 CADET UNIFORM SUPPLY 288.36 37164 05/21/99 CAT100 CATELLUS RESIDENTIAL 535640.63 37165 05/21/99 CEN010 CENTURY FORMS INC 1497.73 37166 05/21/99 COA080 COACHELLA VALLEY WATER 8496.13 37167 05/21/99 COM015 COMPUTER U LEARNING CENTR 881.25 37168 05/21/99 COM040 COMMERCIAL LIGHTING IND 1332.11 37169 05/21/99 C00050 J P COOKE CO, THE 195.94 37170 05/21/99 COS050 COSTCO BUSINESS DELIVERY 1109.32 37171 05/21/99 COS060 COSTCO WHOLESALE STORE 89.18 37172 05/21/99 DESO40 DESERT JANITOR SERVICE 4143.00 37173 05/21/99 DES060 DESERT SUN PUBLISHING CO 5550.86 37174 05/21/99 DES065 DESERT TEMPS INC 641.20 37175 05/21/99 DRE100 DRESCO REPRODUCTION INC 232.46 37176 05/21/99 EAG060 EAGLE POINT SOFTWARE 30.00 37177 05/21/99 EAG100 EAGLE/HOUSEHOLD BANK FSB 101.51 37178 05/21/99 EIS010 EISENHOWER IMMEDIATE CARE 110.00 37179 05/21/99 FAL050 JOHN FALCONER 114.00 37180 05/21/99 GAT020 GATEWAY BUSINESS 2101.14 37181 05/21/99 GTE010 GTE CALIFORNIA 3123.68 37182 05/21/99 HOA010 HUGH HOARD INC 130.00 37183 05/21/99 HOM030 HOME DEPOT 642.37 37184 05/21/99 HOP200 HOPSONS HEALTH EQUIP CTRE 159.81 37185 05/21/99 ICE100 ICE MACHINE SALES & SVC 213.70 37186 05/21/99 IMPO10 IMPERIAL IRRIGATION DIST 11522.09 37187 05/21/99 INT018 INTERNATIONAL PERSONNEL 224.00 3 AL(-UUP'`i5 rrirr�ni�r, - t-itrDuu, �nr. r, CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 37188 05/21/99 JAS100 JAS PACIFIC 1443.00 37189 05/21/99 JPRO10 JP REPROGRAPHICS 193.95 37190 05/21/99 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 37191 05/21/99 KEL010 KELLY SERVICES INC 4119.20 37192 05/21/99 KRI100 KRIBBS CONSTRUCTION 1787.00 37193 05/21/99 LAQ025 LA QUINTA BULLDOG BAND 500.00 37194 05/21/99 LAQ030 LA QUINTA CAR WASH 16.90 37195 05/21/99 LIN050 JAMES LINDSEY 83.20 37196 05/21/99 LUB050 LUBE SHOP 46.34 37197 05/21/99 MCDO10 MC DOWELL AWARDS 124.62 37198 05/21/99 MCK010 McKESSON WATER PRODUCTS 73.96 37199 05/21/99 MIN010 MINUTEMAN PRESS 239.58 37200 05/21/99 MUF100 MUFFLER WORLD 218.97 37201 05/21/99 NAT023 NATL LEAGUE CITIES INSTIT 1088.00 37202 05/21/99 NEX010 NEXTEL COMMUNICATIONS 1379.28 37203 05/21/99 NIC100 NICKERSON, DIERCKS & ASSC 8802.00 37204 05/21/99 OWE020 OWEN & BRADLEY 7054.25 37205 05/21/99 PAR003 PARAGON SIGNS 5564.81 37206 05/21/99 PLA100 PLAZA SHELL 95.00 37207 05/21/99 PRI020 THE PRINTING PLACE 437.47 37208 05/21/99 RAL050 RALPHS GROCERY CO 77.86 37209 05/21/99 RIV083 RIV CNTY INFORMATION 160.01 37210 05/21/99 RIV100 RIVERSIDE COUNTY SHERIFFS 3643.20 37211 05/21/99 RIV101 RIV COUNTY SHERIFF/INDIO 7113.96 37212 05/21/99 RIV102 RIVERSIDE COUNTY SHERIFF 1200.00 37213 05/21/99 RIV130 RIVERSIDE COUNTY SUPPLY 10.44 37214 05/21/99 SAX100 SAXON ENGINEERING SERVICE 3115.00 37215 05/21/99 SMA010 SMART & FINAL 20.08 37216 05/21/99 SOCO10 THE SOCO GROUP INC 151.42 37217 05/21/99 SOU007 SOUTHWEST NETWORKS, INC 4243.53 37218 05/21/99 STA045 STAN'S AUTO TECH 364.38 37219 05/21/99 STA050 STAPLES 669.87 37220 05/21/99 SUN075 SUNLINE TRANSIT AGENCY 865.62 37221 05/21/99 TOP010 TOPS'N BARRICADES INC 425.35 37222 05/21/99 TRA020 TRANSAMERICA 229.00 37223 05/21/99 TRU010 TRULY NOLEN INC 231.00 37224 05/21/99 UNIO04 UNITED STATES POSTAL SVC 3000.00 37225 05/21/99 USO100 US OFFICE PRODUCTS 1185.85 37226 05/21/99 VON010 VON'S C/O SAFEWAY INC 39.27 37227 05/21/99 WAL010 WAL MART STORES INC 50.01 37228 05/21/99 XER010 XEROX CORPORATION 788.14 37229 05/21/99 YOU100 YOUNG ENGINEERING SERVICE 2397.50 CHECK TOTAL 662,492.72 0 r., N .� rJ .� r•i r ,n to r m m O m 6� E U z lV ad (14 N S F m l!l F H F G N F O N F m F O N H O N H O N F O N F O N F O O N N E F N O Z O ::D in n m O to r O N -1 tD r.� O 0 tD .�+ m m � l0 LO O O O to n ry LL RG 0 m o o O O to m O x 0 a w w m o w to x t,l ^ > 0 H a VI c a LO to w . 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(V N N r-1 •'1 N N N N N N if', O O � O �fl O CD 0 O O Ul U V > m U U H H U U U O E m m E m H m F m H m F m N m m H m m H V) F m E m N r Z �m-+ Z Z rm-+ Z O U V U U U V U U V U O UUU W m�-+ In ❑ O m O ❑ O ❑ O ❑ O ❑ O ❑ O ❑ O ❑ O ❑ O ❑ O ❑ O ❑ O w W a z z w a a w a a w a w w w w U) U) F a a m m m Wo w a E w w W w w w w w w w w w w O 0 tL C z z Z z n N V U u U cH u M U H u u U U U Hx E H O >1 m0+ >+ >+ >+ GO1 LWi. W W [W+. W LWi. W L+W, W U4 W UW LLi4 In m x 0 0 0 0 0 0 0 0 0 0 0 0 0 z z a E+ F m m m m m m O m O m m 5 m > 0 >3 3 3 X Fm+ WWZ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O >+ o 0 0 o 0 0 .+ 0 .-� 0 .� 0 .+ 0 I 0 .� 0 .-� 0 .� 0 � 0 0 .-+ 0 .-� 0 1 o 0 0 0 0 0 U H m :D m �-+ O O O O O O O O O O O O 0 Z z U �'+ Q U fL H m F m H z m m m m m m m m m m m m m m m m m m m m m m m m m m m O > O 2 3 3 X i > �, 15 m m r- m Elz rn rn N v O W Cl El N N N d < d m n F H ui F a N N O O O O n z El y o o r� m ry m a Fq' 0 m r .� f rn N z H offo V F U U U 0 z o x u m o U C-) z z z z O ,f) a a a W W ci W C� Ct O w H L1 H J n rn rn m w 2 w w m rz o w F a r r S 1n y 0 O 0 'O iO 10 H Z e e e U q o o n w W W U U U H r1 7 H � � a w a w w w o z H z z a a a w w w w z w z w z H H W F C7 .] Z w W z w z W Ol ¢ w d a O z 0 z 0 z a qq O O O - p 5 > o O 0 O U N H O O O O d W w 16 ACLOUNl'S PAYABIL - APDUUD CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37138 05/18/99 CAL035 CAL PRESERVATION FOUNDATN 590.00 37139 05/18/99 HEN050 TERRY HENDERSON 455.00 37140 05/18/99 PEN010 JOHN PENA 455.00 CHECK TOTAL 1,500.00 17 O r+ N N Z m m r+ m O Q U7 Z H H F w 0 .r N m a z z z o u m 0 o 0l c o o p 0 o 0 W � to C O N N O C O U C O U C Z .i al N ti N H 4Z] w a F N H u H Q Ey H O� rn i O� m i Oi m t rn G o 0 0 u > p o p z m w � a H G O o G U W O O O a O O z ¢ a w o 0 0 w m o z c a 0 O w a u z w W w F: rn w o Z O Q� Z O a, G m w m u m u O U U Q U U p. O W O DI O a u w w Z U U F 0 z z Q z > E, 5 FA 9 W o o u z J E' El F [4 t G � [z � ' W a z 7 w F w If)w a z cy c� m w a w p iz z rn U q O U O U F G1 ti W W ACCOUNTS PAYABLE - APSOUD �-ntCl\ tcn�lJlL tC CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37136 05/17/99 DES005 DESERT BEAUTIFUL 37137 05/17/99 KEN200 KENTUCKY FRIED CHICKEN CHECK TOTAL PAGE 1 PAYMENT AMOUNT 39.00 73.40 112.40 19 O, O 0 o 0 v m rn n Y W M r H C] O z F w s F H z z � H z H w 0 o a o a v o � z z w c 3 O > a U o a cz w z. 1 an A; UUNTb YAYAbi'L - rirDUUD CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37129 05/12/99 CAL050 STATE OF CALIFORNIA 25.00 37130 05/12/99 EQU010 DALE EQUITZ 45.00 37131 05/12/99 LAQ050 LA QUINTA CITY EMPLOYEES 319.00 37132 05/12/99 RIV040 RIV CNTY DISTRICT ATTORNY 361.50 37133 05/12/99 RIV070 RIVERSIDE COUNTY EMPLOYEE 8221.92 37134 05/12/99 SUP100 SUPPORT PAYMENT CLEARING- 150.00 37135 05/12/99 UNI005 UNITED WAY OF THE DESERT 157.00 CHECK TOTAL 9,279.42 2 �. Z ut O W a w 5 U H � rn O) H U' �.iW7 H Ol a,F E+ CP E+ rn E+ n O in N O in d O rn r1 O ti �D N .. N O o Ifl O r �l1 a O O O O N O O in NN ui O d m 0 tl > .� N •� a N :D o m rn m z m 3 w w El El El U j F p. a +� a V) O w Z O a +) O N n a +n O m z o a O z +) 1 �+ o a N O o a O w (n a m O o z cn n w o w a> a ¢ H> u w a � w a w m> a w m> 0 a a a w w u w 0 o o O H a w O ti H d Z Z m w m a O E4 a w m o o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 z Z N O O m O u n N O 0 N O O o d O O N O O in N O O O O U O �'1 O O O O O 6 o O O O O O O w > w r a z a v o O a z O i W a F U i w F a H o W Ems+ H H U O N H U 4SE Q 0 O w W w O 3 N o w a O w H CY w 2 c u a a H o m w ~ m �a o w 0 o 0 o O o 0 0 in 0 O u iHi s u as u 0 a w 0 ¢ a 0 �>+ m 0 .>. m + m o z N I \JF.� 2z T4-t!t 4 4 Qu&& COUNCIL/RDA MEETING DATE: June 1, 1999 ITEM TITLE: Consideration to Adopt a Resolution of the City Council Approving the Submission of California Trails & Greenways Foundation Grant Application RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the submission of the California Trails and Greenways Foundation grant application to print interpretative brochures to be used by participants using the Bear Creek Trail. FISCAL IMPLICATIONS: The amount being requested in the grant application is $500 for the printing of 8 '/2 by 1 1, double sided, tri-fold, two color brochures. Matching funds for this project can be allocated from the Community Services Department Budget Account # 101-251- 703-000 (Operating Supplies Unique to Community Services) in the amount of $500. BACKGROUND AND OVERVIEW: The California Trails & Greenways Foundation is offering grants for the development of new, creative action oriented greenway and trail projects (Attachment 1). The Community Services Department is working on developing a brochure for trail users that will outline the history of the Bear Creek Channel. This publication will be in the form of an interpretive brochure explaining the local history, and describing the flora and fauna found along the trail. The information and pictures will be compiled by staff. These brochures will be available at the Community Services Department, the La Quinta Resort and Club, and the La Quinta Chamber of Commerce. The grant process requires demonstrated community support for the project. Staff will contact the Chamber of Commerce and the La Quinta Resort and Club for letters of support, should the City Council adopt the Resolution for this project. Staff is currently compiling information for the grant application to be submitted by the June 15, 1999 deadline. The City of La Quinta applied for this grant last Fiscal Year and was unsuccessful in the awarding process. A:\CC38..wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the submission of the California Trails and Greenways Foundation grant application to print interpretative brochures to be used by participants using the Bear Creek Trail; or 2. Do not adopt a Resolution of the City Council approving the submission of the California Trails and Greenways Foundation grant application; or 3. Provide staff with alternative direction. Respe tfully submitted, TJ4 /'/ Dodie Horvi Attachments: munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. California Trails and Greenways Foundation Grant Application A:\CC38..wpd ()Gc� RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF SUBMISSION OF CALIFORNIA TRAILS AND GREENWAYS FOUNDATION GRANT APPLICATION WHEREAS, the California Trails & Greenways Foundation is offering grants for the development of new, creative action oriented greenway and trail projects. WHEREAS, the Community Services Department is working on establishing a brochure to be used by participants that will outline the history of the Bear Creek Trail by users. WHEREAS, these brochures will be available at the Community Services Department, the La Quinta Resort and Club, and the La Quinta Chamber of Commerce for participants to use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1 . The amount requested for the grant is $500 for the printing of brochures to be used by participants using the Bear Creek Channel. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of June, 1999 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: A:\CC38..wpd ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 11 JOHN J. PENA, MAYOR City of La Quinta, California ()G. California Trails & Greenways Foundation California Greenways Board Richard C. Trudeau, Chairman Keith Hay. Ex-officio .Northern California Richard Bishop Frank Boren ATTACHMENT 1 Debbie rake 1999 CALIFORNIA GREENWAYS Debbie Drake Bob Hansen Hulet Hornbeck CREATIVE GRANTS PROGRAM Dan Johnson Claude (Tony) Look A projeetofTHE CALIFORNIA TRAILS AND GREENWAYS FOUNDATION Pat O'Brien Anne Rudin and THE CONSERVATION FUND Anne Sands W. John Schmidt Southern California Ilse Byrnes Chris Crystal CEnclosed is your application for this year's grants program. hris Jarvi Ed McCombs We urge you to apply soon. All proposals must be Ernest Messner Cleve Williams postmarked no later than June 15, 1999. California Trails Foundation Since 1990, the California Greenways Creative Grants 13cxird of Directors Program has helped over 180 organizations with seed money 9 P 9 Y Claude A (Tony) Lovk President grants to stimulate the planning, design and building of trails Use Byrnes Mary Cahill and greenways throughout California. Jeannie Gillen Gill Hernandez Hulet Hornbeck Please read the enclosed guidelines and program information Glenn Lyles ' brochure which will help you determine, how our project P Y Y P 1 Elaine Macdonald Richard Nichols meets the goals and criteria of the program. Paul Romero Richard C. Trudeau Direct all inquiries to: David Perper, Administrator California Greenways Creative Grants (415) 337-1782 fax: (415) 333-8785 email: rimshot@telis.org California Trails Foundation California Greenways Board Claude A. Looh, President David Perper, Administrator P.O. Box 183 Los Altos, CA 94023 66:3 Teresita Blvd_ 5Ci0/948-1829 FAX: 650/948-14;i7 San Francisco,CA 94127 1-800-325-CTGF (28, M) 115/ 337-1782 FAX: 115/ 3:3 I-87t15 .ti Richard C. Trudeau, Chaiman 9�,15/ 28-1-5120 FAX. 925/ 251 0126 0Ij CALIFORNIA GREENWAYS CREATIVE GRANTS PROGRAM 1999 APPLICATION Please refer to the attached guidelines before completing the application. The space provided for answers to questions is intended as a guideline only. However, we ask that you limit your narrative portion of this application to no more than 4 pages, using 12pt. type. Type or reproduce application and submit in DUPLICATE to: California Trails and Greenways Foundation, 663 Teresita Blvd., San Francisco, CA 94127. Applications must be postmarked by June 15, 1999. Please direct all inquiries to: David Perper tel: (415) 337-1782 fax: (415)333-8785 email: rimshot@telis.org Applicant Name (title) Organization Address Telephone Fax Applicant is a: Nonprofit Public Agency . Individual Federal ID Number email: (nonprofit IRS or Social Secudty #) Budget of organization for current fiscal year $ Have you ever received a grant under this program? No Yes _ Year(s) Funding is available only for greenway projects. Please check the category(ies) that apply to your greenway. Rail Trail Recreational Trail Wildlife Corridor River or Canal Bicycle Trail Hiking Trail Canoe Trail Heritage Corridor Utility Corridor Nature Trail Ecological Corridor Other (describe) Project Location (Please attach a project location map) Please provide "before" pictures (1-3 photos) of the project area or greenway. Project Name Amount of funding requested $ 1. Briefly describe your project in 50 words or less. O,) A joint projoct of' The Cunsrrvation Fund and tho ('alifornia 'Trails and (1roonways Founclation 2. Describe your organization — what is its mission and purpose and who does it serve? 3. How will grant money be used? Describe the specific tasks you will accomplish with the money. 4. How does this project meet the criteria of the Grants program as described in the guidelines? Emphasize any creative/innovative approaches or activities. What is the potential for the greenway proceeding to completion as a result of your work? A joint project of The Conservation Fund and the California Trails and Greenways foundation 5. Describe the involvement and support of other community groups, public officials, agencies, etc., with the project. 6. Attach a budget for the project What additional money will be used? Identify additional funds, in -kind contributions, volunteer hours, services, equipment, etc., that are part of the project. 7. A resolution andlor board letter from your organization authorizing you to apply for this grant must be included. 8. How did you learn about the California Greenways Creative Grants Program? 9. If you receive a grant — Grant recipients must provide a written report and photographs within one year of the grant award. The "before" pictures requested in this application will help show the impact of California Greenways Grant dollars upon the completion of the project. We also request you provide copies of any press coverage, newsletter articles, and other media coverage the project receives. Recipients who do not provide the required report will not be eligible for future grant funds. I certify that the information contained in this application is true and correct to the best of my knowledge and I will provide a written and photographic report within one year. (Authorizing Official) (Name and Title) (Date) Application Checklist • Please complete this checklist to ensure all requested materials are included. • Due to limited time and staff resources, incomplete applications may not be considered. • Applications will not be accepted via email or FAX. • Applications must be postmarked by June 15, 1999. All applicants must submit the following: _ One -page cover letter on your organization's letterhead _ Complete, signed Application Form (in duplicate) _ 1-3 photos of project area or greenway _ Project location map (in duplicate) _ Project Budget (in duplicate) Resolution and/or board letter authorizing your application for a Greenways Grant A joint project, of'I'he Conservation Fund and the California Trails and Greenways Foundation 0o Tj-ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: dune 1, 1999 3 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution of the City Council Accepting PUBLIC HEARING: the Donation of a Horseshoe Pit to the La Quinta Senior Center by the Friends of the La Quinta Senior Center RECOMMENDATION: Adopt a Resolution of the City Council accepting the donation of a horseshoe pit to the La Quinta Senior Center by the Friends of the La Quinta Senior Center. FISCAL IMPLICATIONS: None. All costs incurred regarding the installation of this project will be covered by the Friends of the La Quinta Senior Center. BACKGROUND AND OVERVIEW: The Friends of the La Quinta Senior Center (Friends) would like to install a standard 40' by 6' Horseshoe Pit at the La Quinta Senior Center. This facility would be located to the east of the Putting Green (Attachment 1). The Friends will have a contractor install the horseshoe pits, backboards, and stakes. The irrigation lines will be taken into consideration during installation. There will be no additional routine maintenance required of this facility. Periodic safety inspections of the backboards and stakes will be conducted by staff. This facility will be used by Senior Center staff to host horseshoe tournaments, and will serve as a facility for general use by participants. 0v A:\CC39..wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting the donation of a horseshoe pit at the La Quinta Senior Center by the Friends of the La Quinta Senior Center; or 2. Do not adopt a Resolution of the City Council accepting the donation of a horseshoe pit at the La Quinta Senior Center by the Friends of the La Quinta Senior Center; or 3. Provide staff with alternative direction. Respectfullk submitted, odie Horvid, CkMmunity Services Director Approved for submission by: u 1 ;Thomas P. Genovese, Ci Manager Attachments: 1 . Location of proposed horseshoe pit at the Senior Center A:\CC39..wpd RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on June 1,1999, "The Friends of the La Quinta Senior Center" generously donated to the La Quinta Senior Center a horseshoe pit; and, WHEREAS, the horseshoe pit was offered for donation to the City of La Quinta and were not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City of La Quinta to accept the donations. NOW THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the donation of the horseshoe pit to the La Quinta Senior Center. PASSED, APPROVED, and ADOPTED this 1 th day of June, 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California JOHN J. PENA, Mayor City of La Quinta, California ,:j ,Z) M� QL 7z �q � �q LL ,-, 4 ti, AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: ..June 1, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution of the City Council Accepting STUDY SESSION: the Donation of Patio Umbrellas to the La Quinta Senior PUBLIC HEARING: Center by the Friends of the La Quinta Senior Center RECOMMENDATION: Adopt a Resolution of the City Council accepting the donation of patio umbrellas to the La Quinta Senior Center by the Friends of the La Quinta Senior Center. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: With the installation of a nine -hole putting green located off the north patio of the Senior Center building, The Friends of the La Quinta Senior Center (Friends) recognized the need to provide umbrellas for the patio tables. To meet this need, the Friends are donating four Sundrella Casual patio umbrellas to the La Quinta Senior Center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting the donation of patio umbrellas to the La Quinta Senior Center by the Friends of the La Quinta Senior Center; or 2. Do not adopt a Resolution of the City Council accepting the donation of patio umbrellas to the La Quinta Senior Center by the Friends of the La Quinta Senior Center; or 3. Provide staff with alternative direction. RespectfIIly sub Initted, Dodie Horvitz, om f unity Services Department Approved for submission by: Thomas P. Genovese, City Manager v 4 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on May 24,1999, "The Friends of the La Quinta Senior Center" generously donated to the La Quinta Senior Center four patio umbrellas; and, WHEREAS, the umbrellas were offered for donation to the City of La Quinta and were not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City of La Quinta to accept the donations. NOW THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the donation of the four patio umbrellas to the La Quinta Senior Center. PASSED, APPROVED, and ADOPTED this 1 th day of June, 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California JOHN J. PENA, Mayor City of La Quinta, California T,ffit 4 4aQ" COUNCIL/RDA MEETING DATE: June 1, 1 999 ITEM TITLE: Approval of Final Map and Subdivision Improvement Agreement for Tract 23995-4, Inco/Huntington Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Approve the Final Map and Subdivision Improvement Agreement for Tract 23995-4, Inco/Huntington Homes. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract 23995-4 (Attachment 1) is located on the west side of Adams Street south of Miles Avenue. A vicinity map of the subdivision is included as Attachment 2. This new tract, being developed by Inco Homes, was conditionally approved at the February 2,1999 City Council Meeting. The developer failed to finalize and submit all the required documents within the 30-day conditional approval process. The developer has submitted the final map in substantial compliance with the tentative map, Subdivision Improvement Agreements and Improvement Security (Attachment 3) and has otherwise satisfied conditions prior to approval of the final maps. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Final Map and Subdivision Improvement Agreement for Tract 23995-4, Inco/Huntington Homes; or 2. Provide staff with alternative direction. T:\PW DEPT\COUNCIL\1 999\990601 C—Pd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: F �-,Thomas P. Genovese, City Manager i Attachments: 1 . Tract Map 2. Vicinity Map 3. Subdivision Improvement Agreement 0O T:\PW DEPT\STAFF\GUZMAN\990601 . wpd ATTACHMENT 1 m D m Z m a � m In T RAJ nm o DN � Z N 0 z Z 80 Z D O N >�� D >o —U a oZ Z 0 A S O = O C O O rn N i 5 O `� m m= GJ m C N Z mom= zmm m z N 'w m d�Q r� A coi� m0Zm fN O D Z7 Z O S _ m 8 ® m ii s W O TI cn 2 m 0 li 4 3 m D z Z ❑ Gl m m D �® � bo .. z r ru O o z a Q •� .. m _ O o n p A S y< $ a m w' o c W ow z m p a� o c c m �Q (�� D D c (DD Q pc to z n CC) �r Z m rl _ r coCm - V � lp A �O c w � `' S NBERRY CQUR� Ln ro Diu D Z Av M O ON -, 10, P. U. E. m ma �� P m dZG mn m m 25' m-Da G \25' � _. fV BIRCHCREST I N CIRCLEgo S o G g 0T 'A 1.23 AC. 4 - $� ro w 9 4 ro sp 01i f U m FL) m FO c l ATTACHMENT 2 E4,A6 11' Ell Ir 11.1 JA U-1 COURT B CHCRfS RCLF TV ARKBROOK co (,-R T .1012 1%, A 0 n ill 0 o ii CITY OF LA QUFNTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 23995-4 THIS SUBDIVISION IMPROVEMENT AGREEMENT (they "Agreement") is made and entered into this , 55+ day of r"1 , 19 by and between Huntington Homes, LLC, A Delaware Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 23995-4 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3., Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 05 , T PWDEF i`,STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-4sia.wpd Page 1 of 6 0.}~' 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). T:'PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-4sia.wpd Page 2 of 6 0008 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatorylmprove ments, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return notice requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf T:`,,PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-4sia.wpd Page 33 of�66 v � V 0 19 of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide T:`,PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-4sia.wpd i Page 4 of 6 0 11 () a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 051 T ,PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-4sia.wpd Page 5 of 6 011 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: 1 Title: C t' By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Huntington Homes LLC 1282 W. Arrow Highway Upland, CA 91786 (909)608-2102 Date Date Date Date T:\PWDEPT\STAFF\GUZ MAN\TRACTS\AGREEM EN. TS\23995-4sia.wpd Page 6 of 6 0 1 4 Exhibit A SECURITY - TRACT 23995-4 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than Ten Percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus Ten Percent (10%). Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security for Water, Sewer and Electrical improvements is subject to release if authorized by the appropriate utility authority. Otherwise, all labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Streets & Storm Drainage Domestic Water Sanitary Sewer Electrical Monumentation Performance 157,628 57,449 31,477 42,065 5,500 Totals: $294,119 Labor & Materials 157,628 57,449 31,477 42,065 0 $288,619 Subdivision Bond Faithful Performance - Public Work Bond No. SD00075312 Premium $4,118.00/2 years SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That Huntington Homes LLC, a Delaware Limited Liability Company as Principal, and Frontier Pacific Insurance Company, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety are held and firmly bound unto City of La Quinta in the sum of Two Hundred Ninety Four Thousand One Hundred Nineteen & 00/100Dollars ($294,119.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a agreement, dated , 190q, , with the City of La Quinta to do and perform the following work, to wit: Improvements for Tract 23995-4 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted to be performed under said agreement, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: April 2, 1999. Huntington Homes, LLC, a Delaware Limited Liability Company (Principal) j By: r X L-Ffontier Pacific rn rance Company (Surety) / -Jan7"na ,Monroe, Attorney -in -Fact r 014 Subdivision Bond California Bond No. SD00075312 Labor & Material - Public Work Premium included in Performance Bond SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That Huntington Homes, LLC., a Delaware Limited Liability Company as Principal, and Frontier Pacific Insurance Company, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety are held and firmly bound unto City of La Quinta in the sum of Two Hundred Eighty Eight Thousand Six Hundred Nineteen & 00/100Dollars ($288,619.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a agreement, dated I , 19_, with the City of La Quinta to do and perform the following work, to wit: Improvements to Tract 23995-4 NOW, THEREFORE, if the above -bounden Principal shall pay all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: April 2, 1999. Huntington Homes, LLC., a Delaware Limited Liability Company (Principal) By' C � Frontier Pacific InsIce Company (Surety / Janina Monroe, Attorney -in -Fact i 015 T4ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1, 1999 CONSENT CALENDAR: ITEM TITLE: Approval of Final Map and Subdivision STUDY SESSION: Improvement Agreement for Tract 23995-5, Inco/Huntington Homes PUBLIC HEARING: RECOMMENDATION: Approve the Final Map and Subdivision Improvement Agreement for Tract 23995-5, Inco/Huntington Homes. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract 23995-5 (Attachment 1) is located on the west side of Adams Street south of Miles Avenue. A vicinity map of the subdivision is included as Attachment 2. This new tract, being developed by Inco Homes, was conditionally approved at the February 2,1999 City Council Meeting. The developer failed to finalize and submit all the required documents within the 30-day conditional approval process. The developer has submitted the final map in substantial compliance with the tentative map, Subdivision Improvement Agreements and Improvement Security (Attachment 3) and has otherwise satisfied conditions prior to approval of the final maps. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Final Map and Subdivision Improvement Agreement for Tract 23995-5, Inco/Huntington Homes; or 2. Provide staff with alternative direction. TAPWDEPT\C0UNCIL\1999\990601 d. wpd Respectfully submitted, Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Tract Map 2. Vicinity Map 3. Subdivision Improvement Agreement T:\PWDEPT\COUNCIL\1 999\990601 d—pd ENT 1 oil liiiiiiiiisillill�i s a Iw 00'fe'1!'w 1>s0.61 _ -� n mxcn s som mcm oi Dmc mm= Z ZA m y m � al s -/ b .r Is o Z es > F m z„ '^ x Qn^, '' CDCt In o 37 N Z D O m o 4 IZ7 R W m � mm o y w LD ai N r m H H ((j 9 m E � m `�' m o y Z C I W D o //�� IUD a CD VI W fn x m _ m N 004 ATTACHMENT 2 MILES A VENUE -- - -- ------- - ------- ...... ------- yy �3 3 6 L R 9 7 '2 SUMMERBROOK— 17 IS 6 2C COURT 1 20 2 SEE— 19 SHEET 3 3 -1 15 4 14 22 13 6 '14 PHASE 12 7 1111r)JAS v 1j 8 7p1 i t I' I I� al l 9 5 io 6 2!j T- w�� 27, pn 19 -Kz� L, -j En 24 211 341 2 P B 005 CITY OF LAQUfNTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 23995-5 THIS SUB IVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this `i _ day of v i , 19 1� `i by and between Huntington Homes, LLC, A Delaware Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 23995-5 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. T',PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-5sia.wpd Page 1 of 6 00 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). T:\PWDEPT\STAMGUZMAN\TRACTS\AGREEMEN.TS\23995-5sia.wpd Page 2 of 6 007 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return notice requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf 'r T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-5sia.wpd v k)Page 3 of 6 00d of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-5sia.wpd , Pa 4 ff "� £ 9 i i a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-5sia.wpd Page 5 of 6 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY. - Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER.- By. - Title: �D By: Title: Reviewed and Approved: Approved as to Form: City Engineer City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Huntington Homes LLC 1282 W. Arrow Highway Upland, CA 91786 909)608-2102 o'h Date Date Date Date T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEM EN. TS\23995-5sia.wpd • Page 6 of 6 0 1 i Exhibit A SECURITY - TRACT 23995-5 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than Ten Percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus Ten Percent (10%). Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security for Water, Sewer and Electrical improvements is subject to release if authorized by the appropriate utility authority. Otherwise, all labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Streets & Storm Drainage Domestic Water - Onsite Sanitary Sewer Electrical Domestic Water - Offsite Monumentation Performance 105,996 44,448 28,738 31,888 142,833 5.000 Totals: $358,903 Labor & Materials 105,996 44,448 28,738 31,888 142,833 $353,903 01-121 Subaivision Bond Faithful Performance - Public Work Bond No. SD00075311 Premium $5 025.00/2 years SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That Huntington Homes, LLC, a Delaware Limited Liability Company as Principal, and Frontier Pacific Insurance Company, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety are held and firmly bound unto City of La Quinta in the sum of Three Hundred Fifty Eight Thousand Nine Hundred Three & 00/100Dollars ($358,903.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a agreement, dated t� , 19 , with the City of La Quinta to do and perform the following work, to wit: Improvements for Tract 23995-5 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted to be performed under said agreement, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: April 2, 1999. Huntington Homes, LLC, a Delaware Limited Liability Company (Principal) By: - Frontiegacific Insur ce Compaew (Surety) B Y- Janina Monroe,, Attorney -in -Fact 0r1 . �. 1 Subdivision Bond California Bond No. SD00075311 Labor & Material - Public Work Premium included in Performance Bond SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That Huntington Homes, LLC., a Delaware Limited Liability Company as Principal, and Frontier Pacific Insurance Company, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety are held and firmly bound unto City of La Quinta in the sum of Three Hundred Fifty Three Thousand Nine Hundred Three & 00/100Dollars ($353,903.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a agreement, dated, 19_, with the City of La Quinta to do and perform the following work, to wit: Improvements to Tract 23995-5 NOW, THEREFORE, if the above -bounden Principal shall pay all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: April 2, 1999, Huntington Homes, LLC., a Delaware Limited Liability Company (Principal) ' By- -Pacific -Pacific In Comp3 y' (Surety) 'By: Janina Monroe, Attorney -in -Fact 0141 T4ht 4 Zfov Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1, 1999 CONSENT CALENDAR: ITEM TITLE: Approval to Negotiate with the Firm of STUDY SESSION: Tri-Lake Consultants to Provide Capital Improvement Project, and Private Development Project Inspection PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to bypass the competitive selection procedures in the renegotiation and renewal of the existing contract for continuing services, pursuant to Resolution 96-80, with the firm of Tri-Lake Consultants, Inc. for field inspection services in an amount not to exceed $396,800 for capital improvement paid for out of the Capital Improvement Projects (CIP) Budget, and private developer projects paid for from developers' fees. FISCAL IMPLICATIONS: In the preliminary Fiscal Year 1999/2000 Capital Improvement Projects (CIP) Budget, more than $432,000 is budgeted for inspection services. In addition, $793,000 is budgeted for inspection services from the Fiscal Year 1998/1999 CIP budget for projects that will not be completed until Fiscal Year 1999/2000 for a total of $1,225,000. Therefore, sufficient funding is available within the approved Capital Improvement Projects budget to continue inspection services. In subsequent years, authorization will be subject to the number and amount of capital improvement projects. Inspections for private development projects will be paid for from developer fees. BACKGROUND AND OVERVIEW: During the City Council meeting of July 1, 1997, the City Council acknowledged the need for professional services to provide field inspection services for various capital improvement projects. The City Council then approved a Consultant Selection Committee; approved a Request for Proposals for Miscellaneous Construction Observation and Inspection Services for Various Fiscal Year 1997/98 Capital Improvement Projects; authorized staff to receive proposals from qualified firms; and authorized staff to negotiate the terms of a Professional Services Agreement with the most qualified firm, as determined by the Consultant Selection Committee. T:\PW DEPT\COUNCIL\1 999\990601 f.wpd During the City Council meeting of December 2, 1997, the City Council reviewed and approved a staff report recommending rejection of Hernandez, Kroone & Associates as Non -Responsive; and authorized the City Manager to execute a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc., in an amount not to exceed $106,987 for the Fiscal Year 1 997/1 998 capital improvement projects field inspection services. The agreement included a provision within the contract that allowed for the contract to be renewed for one additional year if both parties concurred. Tri-Lake Consultants, Inc. performed satisfactorily and staff recommended the one year extension. During the September 1 5,1 998 City Council Meeting, the City Council authorized a professional services agreement extension for Fiscal Year 1998/99 with Tri-Lake Consultants, Inc. for capital improvement project inspection services, in an amount not to exceed $193,000. The services provided by Tri-Lake Consultants have met staff's expectations. Therefore, staff is seeking to utilize these services on an annual basis based on the firms experience in working in the City of La Quinta and the quality and productivity of their work. The professional services agreement will be negotiated on an hourly basis for an hourly rate not to exceed $50.00 per hour with funding provided from the various CIP projects assigned to the consultant. Based upon the size and scope of our CIP program, staff is projecting the need for up to four inspectors to monitor the projects. The maximum budgeted amount for these services would be $396,800 (4 inspectors at $50.00 for 1984 hours). Inspections for private development projects will be paid for from developer fees at an hourly rate not to exceed $50.00 per hour. The need for the private development inspections will be dependant upon future private development in the City. Typical services to be provided by Tri-Lake Consultants, Inc. include, but are not limited to: • Provide technical field representatives to monitor the construction of a variety of capital improvement and developer's projects. • Prepare and track project schedules. • Prepare the correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Monitor and report on project(s) status. Staff recommends the executed professional services agreement for construction observation and inspection services be an annual contract renewable for up to three years. The purpose is to maintain inspection continuity during projects without having to seek proposals every fiscal year for the same services. 001 , TAPW DEPT\COUNCIL\1999\990601 f.wpd Pursuant to the La Quinta Municipal Code, Resolution No. 96-80, Section 9a, Renewal of Contracts, "The City Council may authorize the City Manager to bypass competitive selection procedures in the renegotiation and renewal of existing contracts for continuing services." FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to bypass the competitive selection procedures in the renegotiation and renewal of the existing contract for continuing services, pursuant to Resolution 96-80, with the firm of Tri-Lake Consultants, Inc. for field inspection services in an amount not to exceed $396,800 for capital improvement paid for out of the Capital Improvement Projects (CIP) Budget, and private developer projects paid for from developers' fees; or 2. Do not authorize the City Manager to bypass the competitive selection procedures in the renegotiation and renewal of the existing contract for continuing services with the firm of Tri-Lake Consultants, Inc. and direct staff to proceed with the formal Request for Proposal (RFP) process for Professional Service Agreement (PSA) for inspection services; or 3. Provide staff with additional and/or alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PW DEPT\COUNCIL\1999\990601 f.wpd T4ht 4 (PQuArw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1, 1999 CONSENT CALENDAR: ITEM TITLE: Approval of Resolution to Reaffirm the STUDY SESSION: City's Adoption of the Annual Assessment for CSA 152, Authorize Riverside County to Continue to Levy PUBLIC HEARING: Assessments, and Indemnify and Hold the County Harmless for Levying Assessments on City Parcels Under CSA 152 RECOMMENDATION: Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 1999/2000 under CSA 152. FISCAL IMPLICATIONS: The adoption of this Resolution will authorize Riverside County to continue assessing CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per parcel within the City of La Quinta. The estimated revenue for Fiscal Year 1999/2000 is $109,200. BACKGROUND AND OVERVIEW: In December 1991, the County of Riverside initiated the use of County Service Area (CSA) 152 to provide funding for local jurisdictions for flood control and storm drain maintenance. On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the benefit assessment unit (BAU) rate for the Fiscal Year 1997/98 CSA 152 Assessment. Resolution No. 97-39 states that the City shall agree to indemnify, defend, and hold the County and members of its Board, Officers, Employees, and Agents harmless from any and all claims, demands, and causes for the collection of assessments under CSA 152. On May 6, 1999, the City received a fax from the County of Riverside requesting the status of the City's participation in the CSA 152 assessment. Each year the County of Riverside collects the $9.99 assessment per parcel under CSA 152 to fund the City's program for the National Pollutant Discharge Elimination System (NPDES) Permit. The services funded by CSA 152 include, but are not limited to, flood control and storm drain maintenance, detention basin maintenance, and street sweeping. The T:\PWDEPT\C0UNC1L\1 999\990601 e.wpd City utilizes revenue from CSA 152 for street sweeping and storm drain maintenance and operation; therefore, this assessment is exempt under the provisions of Proposition 218. The County of Riverside has requested a City Council Resolution stating that the City's program will continue and that the parcel charge will remain unchanged for Fiscal Year 1999/2000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 1 999/2000 under CSA 1 52; or 2. Do not adopt a Resolution of the City Council and fund the street sweeping, flood control facility/drainage facility maintenance and operations, and the NPDES Program from the General Fund (this will result in an approximate expenditure of $109,200 annually from the General Fund); or 3. Provide staff with alternative direction. Respectfully submitted, Z /, . iI T",s- hris A. V gt Public Works Director/City Engineer Approved for submission by: L Thomas P. Genovese, Cit nager T:\PWDEPT\COUNCIL\1 999\990601 e—pd RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally -mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro -active method of insuring pro -active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997 authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU) rate for the 1997/98 Fiscal Year CSA 152 assessments, WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152, WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City's flood control and drainage system to comply with the NPDES Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval Resolution No. 99- , T:\PWDEPT\COUNCIL\1999\990601 e.wpd �� Page 2 requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA RESOLVES AS FOLLOWS: Section 1. The foregoing recitals are true and correct and the City Council so. finds and determines. Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments with the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article MID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 1999/2000 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per benefit assessment unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. Section 5. The City Council hereby authorized the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City's application of reliance on or use of County Service Area 152. ,d 0 �" TAPWDEPT\COUNCIL\1999\990601e pd Resolution No. 99- Page 3 PASSED, APPROVED AND ADOPTED this 1" day of June 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 00;") L\PWDEPT\C0UNCIL\1 999\990601 e.wpd T4'ht 4 a CP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: ,tune 1, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Request by the La Quinta Arts PUBLIC HEARING: Association to Sublease a City Owned Building Occupied by the La Quinta Chamber of Commerce RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None or as deemed appropriate by the City Council. BACKGROUND AND OVERVIEW: The City Council received a written request from the La Quinta Arts Association (Attachment 1) regarding subleasing the back room of the building occupied by the Chamber of Commerce located at 51-351 Avenida Bermudas. This move requires City approval as cited in the "Assignment and Subletting" clause of the lease agreement between the City and the Chamber (Attachment 2). The Chamber of Commerce Board of Directors voted on April 28, 1999 to support the sublease concept requested by the Association, to require the Association to assume fiscal responsibility for any renovations or additions, and to require the Association to provide liability insurance (Attachment 3). As the City Council is aware, the facility is currently rented to the Chamber for one dollar ($1.00) per month. The Council may choose to consider obtaining a per square foot lease amount appropriate for any sublease space, or the City Council may choose not to derive revenue from a sublease, and only keep in force the current rent to the Chamber. The City's insurance broker recommends requiring the same $1 ,000,000 liability insurance coverage from the Association as required from the Chamber. In addition, if expensive art pieces are housed in the building, additional theft/fire/vandalism ("at risk") insurance may be required in order for the Association to recover the full value of the art pieces. In addressing the City Council on May 18, Ms. Elaine Reynolds mentioned that the Arts Association may need help in paying for liability insurance. The City provided funding for liability insurance in the amount of $900 to the Association in June, 1996. The City's insurance broker advises that if the Association currently has liability insurance, there should not be an additional cost to add the new location and the City as additionally insured and as Lessor. The Arts Association is asking for use of the room in the back of the building, and the outside back area for a sculpture garden. The back and side yard areas are not secured at this time for a sculpture garden. There is a block wall separating the post office parking lot and the side yard of the building, a chain link fence with oleanders growing on it across the back of the yard, and a wood fence separating the house next door from the other side yard of the building. However, there is not a fence or wall blocking off the front of the yard. If the City Council approves the concept of a sculpture garden, the sublease should include language holding the City harmless in relation to the security of the sculpture garden. The Chamber of Commerce's use of the property was approved under Public Use Permit 89-004, Conversion of a Single Family Residence to an Office. Modifying the use in any way other than office, i.e. sale of art pieces or outdoor viewing of art, would require a revision to the Public Use Permit. Under the new Ordinance, revision to the current permit would require a Village Use Permit. A Village Use Permit is subject to review by the Planning Commission as a Public Hearing and requires a $1,000 application fee. The following issues are addressed by the Planning Commission prior to the approval of any Village Use Permit: • Consistency with General Plan • Consistency with Zoning Code • Compliance with CEQA • Surrounding Uses • Architectural Design • Site Design • Landscape Design • Sign Program Parking requirements would also be addressed as part of the Village Use Permit. If the City Council chooses to approve the subletting of the subject property to the La Quinta Arts Association, staff would develop a sublease agreement subject to approval by the City Attorney. The approval would be limited to the La Quinta Arts Association request, and would require annual review and approval. Additionally, any consent by the City to the approval of subletting of the facility shall not operate as a waiver or estoppel to the future enforcement by the City of its rights pursuant to the provisions of the Lease. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the concept of a sculpture garden and of subletting a portion of the City -owned building occupied by the Chamber of Commerce to the La Quinta Arts Association with the details to be addressed through the Village Use Permit process and included in the sublease agreement; or 2. Do not approve the concept of a sculpture garden and of subletting a portion of the City -owned building occupied by the Chamber of Commerce to the La Quinta Arts Association with the details to be addressed through the Village Use Permit process and included in the sublease agreement; or 3. Provide alternative direction to staff. Respectfully submitted, Linda Coyle, Management -Analyst City Manager's Office Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . La Quinta Arts Association Letter 2. Lease Agreement 3. Chamber of Commerce Letter O03 760 564 5957 P_O' Mav-17-99 02:22P REYNOLDS La Quinta, Arts Association Post Office Box 4, La Quinta, CA 9U33 Phone (76o) 164 rlllo • FAx (76o)54 59S7 The Honorable John Pena and Members of the City Council P O Box 1504 La Quinta, CA 92253 May 12, 1999 Dear Mayor Pena ATTACHMENT 1 Home Reynods, P►eddvx Na" 4gwwl, Pies pmodent Mary Dwye, Tmawrrr The La Quinta Arts Association is comprised of a group of local Coachella Valley artists seeking to further art in the Coachella Valley. We have been discussing a suitable site for a gallery with Mr. Douglas Yavanian, Executive Director of the La Quinta Chamber of Commerce l le feels it would he beneficial to the Chamber as well as the Arts Association if we can sub -lease the back room of the 51-351 Avenida Bermudas building. Presently the Chamber is occupying the entire house, but they would be willing to let us use the room opening into the outdoor space for an art gallery and sculpture garden. The location, next to the highly trafficked post office, is especially suitable for exhibiting local art and should be a draw to bring people into La Quinta. Mr. Yavanian pointed out that people now -a -days who are looking at a place to settle consider schools and art important to a location In working together we feel the city will also benefit. We would appreciate it if you would put our request for the use of part of the building on 51.351 Avenida Bermudas on the agenda for the next Council meeting. Thank you for your consideration Sin rely, Elaine Reynolds President La Quinta Arts Association 00 ATTACHMENT 2 CONTRACT SERVICES AGREEMENT and LEASE EXTENSION THIS AGREEMENT FOR CONTRACT SERVICES and LEASE EXTENSION (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WI WREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 1997-1998 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion, encouragement, representation and solicitation of new business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past services undertaken by Contractor. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Fifty Thousand ($150,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment July 15, 1998 $37,500 October 15, 1998 $37,500 January 15, 1999 $37,500 April 15, 1999 $37,500 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgement such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3 A Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 2 4.0 COORDINATION OF WORK 4.1 Re l rueruatixe of Contracwr. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Ron DiGrandi, Chairman of the Board b. Greg Shannon, Senior Vice -chair C. Shelly Morris, Vice -chair d. Ian Helmstadter, Vice -Chair e. Jack Klein, Immediate Past Chairman f. Douglas A. Yavanian, Executive Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contractor Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assi >n�, ment. The experience, know- ledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents, or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring 3 '.1'03 and timely performance by Contractor hereunder. 5.0 TNSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. For all special events as defined in the Scope of Services (Exhibit "A"), the Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. Said insurance shall be the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the events. Contractor shall also carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's act or omissions arising out of or related to Contractor's performance under this Agreement in an amount equal to One Hundred Thousand Dollars ($100,000) per individual and Three Hundred Thousand Dollars ($300,000) per occurrence. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such losses. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City concurrent with execution of this Agreement. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Performance Bond. (Not applicable to this Agreement). 5.4 Payment Bond. (Not applicable to this Agreement). 5.5 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, as its sole option: I. Obtain such insurance and deduct and retain the amount of the premiums of such insurance from any sums due under this Agreement. M 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the city may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORD AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, a progress report, including an accounting of expenditures, shall be provided on or about December 31, 1998 and June 30, 1999. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contractor Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate 5 danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section T 8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7A Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 LIQUIDATED DAMAGES. (Not applicable to this Agreement). 7.8 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractors. Upon receipt of any notice of termination, Contractor shall immediately cease spending City funds except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered and/or committed to contractually prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days written notice to City. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 6 80 CjTY Ql?r'IC QYEES:. NQN-D1SCRTMJNATInN, 9.1 Non -liability of City Officers and Em l_oyees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direc! or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest of the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. . 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1 _ To City:. CITY OF LA QUINTA P. O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE P. O. Box 255 78-371 Highway l 11 La Quinta, California 92253 VA 9.2 Inte agr ted Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severahility. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 9.6 Lease. The Lease Agreement dated July 2, 1991 by and between the City of La Quinta and the La Quinta Chamber of Commerce shall remain in effect for an additional year according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: f— �G ATTDST: UNDRA L. JUHMA, City Clerk City of La Quinta, California APPROVED AS TO FORM: f . n n DAWN a. HONEY ELL, City Attorney City of L`�&Quinta, California CITY OF LA QUINTA, a California municipal Corporation By: JOHN T PENA, yor City of La Quinta, California J i 8 l.! 1 LA QUINTA CHAMBER OF COMMERCE Dated: 7151 FF By: Name: �Ja t*1, S A . j1 ✓AnJ1,qA) 11 Title: Z�t-CeA"V)t7 31,4ere7-oR "CONTRACTOR" 014 EXHIBIT "A" SCOPE C)Fr- SFJKVICE,S_ y�_ SC_jT�!?LJL F OF PERFORMANCE The Chamber shall provide the following services: A. Business Resource Center B. Business Retention and Expansion G Collateral Material Development D. Community Marketing and Promotion E. Monthly Newsletter (10 months) F. Outreach (Business Development) G. Shop La Quinta First Campaign H. Visitor's Center The Chamber shall provide the City with written quarterly reports of its activities required by this Agreement. These reports will be submitted on the following schedule. 1. First report September, 1998 2. Second report December, 1998 3. Third report March, 1999 4. Fourth report June, 1999 S,cirymgi,,('ON"1'RAC"I'CHAM97-98_wpd 10 .� 015 FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT AND LEASE EXTENSION BETWEEN THE CITY OF LA QUINTA ("CITY") AND THE LA QUINTA CHAMBER OF COMMERCE ("CHAMBER") Whereas, that certain Contract Services Agreement and Lease Extension for Fiscal Year 1998-99 between the City and the Chamber was originally approved on July 7, 1998 (the "Contract"); and Whereas, the City and Chamber now wish to amend the Contract to include the provision for a minimum of four (4) "Mainstreet Marketplaces" by the Chamber utilizing City funding; Whereas, the parties agree that it is in the interest of both parties to amend the Contract to allow for the Mainstreet Marketplaces and the payment of certain sums of money by the City for that purpose. Now, therefore, the parties hereto agree as follows: 1 . Section 2.0 Compensation shall be deleted and replaced with the following: 2.1 Contract Sum. For the services rendered pursuant to this Agreement (including a minimum of four (4) Mainstreet Marketplace programs), the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Seventy Thousand ($170,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment Excluding Mainstreet Marketplace Special Event Mainstreet Marketplace Funding Fundina July 15, 1998 $37,500 Maximum funding for 1998-99 Fiscal Year: $20,000 payable in four equal payments of no more than $5,000 billable 30 days prior to the event date. October 15, 1998 $37,500 January 15, 1999 $37,500 April 15, 1999 $37,500 ij It t 016 2. Exhibit "A", Scope of Services and Schedule of Performance shall be amended by adding suhsection "I" as follows: "I. A minimum of four (4) Mainstreet Marketplaces" 3. All other provisions of the Contract shall remain in full force and effect with no revision. In witness whereof, the City and the Chamber have signed this First Amendment to the Contract on the respective dates set forth below. Dated: of /6-9b MWL3 Saundra Juhola, City Clerk City of La Quinta Approved As To Form: Dawn C. Honeywell, City Attorney City of La Quinta Dated�9 p S:\City Clerk\FY98-99CONTRACTAMEND. wpd City of La Quinta, a California Mu I Corp jon By JO N J. PEN , ayor City of La Quinta, California LA QUINTA CHAMBER OF COMMERCE By: Do glas A. Yavanian Executive Director "Contractor" e,17 ATTACHMENT 3 April 29, 1999 Mr. Tom Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Tom: The attached correspondence from the La Quinta Arts Association was presented to our organization's Board of Directors yesterday (4/28/99) for consideration. It is self- explanatory. The action taken by the Board was as follows: l . Voted to support the sublease concept as requested by the Association. 2. The Association would have to assume fiscal responsibility for any renovations or additions, which may be necessary to meet its goals. The Association would be required to provide liability insurance as required by the leasor. We have advised the Association of the Board's action and have also advised the Associations' Elaine Reynolds that this is a City owned facility and any sublease and its related terms must be approved by the City. The gallery and sculpture garden as proposed for the Chamber's Village office could prove to be an interesting concept for the Village area. I am sure that representatives of the Association will be contacting you soon. Please advise how you may wish to proceed. Thank you for your attention. Sincerely, 2�� Douglas A. Yavaman Executive Director cc: John Pena, Mayor Ron DiGrandi, Chairman of the Board Elaine Reynolds, La Quinta Arts Association ,(�1 ��Il/lllrl c �I111/1�47' i'� l iUll/!h'ft2' ( a Foul/!, 022 n �al -oO (+18 La Quinta Arts Association Post Office Tice Box 4 La Quinta, CA 92253 Mr. Douglas yavanian Executive Director La Quinta Chamber of Commerce 78-3 7 Y Highway 1 -+, La Quints, CA 92 2 5 3 April 15, -i999 Dear Mr. yavanian, Thank you for meeting with me and the other La Quinta Arts Association members today. The La Quinta Arts Association, as you know, is made up of local Coachella Valley artists. The purpose of the meeting was to discuss sub -leasing the back room of the 51-351 Avenida Bermudas site. Presently you are occupying the entire house, but you would be willing to let us use the room opening into the outdoor space for an an gallery and sculpture garden. The location, neat to the highly trafficked post office, is especially suitable to exhibiting local art, and should be a draw to bring people in. As you painted out, people now -a -days who are kxoking at a site consider schools and art important to a location. in working together, 1 feel all of us can benefit. I would appreciate if you could present our cause to the city council and help us secure this very attractive site for a gallery for local artists of the La Quinta Arts Association. Thank you for assistance. Sincerely,, Elaine Reynolds President La Quinta Arts Association �J 9 4 T4-ht 4 Xfou Qum& COUNCIL/RDA MEETING DATE: June 1, 1999 ITEM TITLE: Consideration of Cultural Arts Commission 1999/2000 Work Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Cultural Arts Commission's 1999/2000 Work Plan. FISCAL IMPLICATIONS: Fiscal commitments will be minimal and based on projects undertaken by the Commission per the approved Work Plan. BACKGROUND AND OVERVIEW: The Cultural Arts Commission, at its May 13, 1999 meeting, approved the final draft of the 1999/2000 Work Plan and is submitting the Work Plan for City Council consideration and approval (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Cultural Arts Commission's 1999/2000 Work Plan; or 2. Do not approve the Cultural Arts Commission's 1999/2000 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, ie Horvitz, S:\CITYMGR\CCSHELL.WPD A:\CC.036.wpd munity Services Director Approved for submission by: -r r.1 Thomas P. Genovese,City Manager Attachments: 1 . Cultural Arts Commission 1999/2000 Work Plan (Redline and final copies) A:\CC.036.wpd ATTACHMENT 1 CITY OF LA QUINTA CULTURAL ARTS COMMISSION WORK PLAN 1999/00 Approved by City Council U u .I Cultural Arts Commission Work Plan July 1999 Task: Completion Date: Participants: Annual Work Plan May 1999 2000 Commissioners Suggested Resources: Commissioners, Staff Steps to Completion: • Review existing assignments • Review programs being offered by other Cities. • Suggest assignments to fill any voids Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." Cultural Arts Commission Work Plan Task: Placement of Public Art Completion Date: On -going Participants: Commissioners, Staff July 1999 Suggested Resources: Commissioners, City Council, Residents Steps To Completion: • Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site Staff Time: 10-12 hours per project Fiscal Commitment: Funds appropriated from the Art in Public Places Account Staff Role: Consider site, art piece and appropriation of funds Council Role: Provide support and subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. UUtJ Cultural Arts Commission Work Plan Task: Temporary Art Placement Program Completion Date: june 199 Ongoing Participants: Commissioners July 1999 Suggested Resources: Commissioners, local artists and art galleries Steps To Completion: • , t. efeate EI _k8ble ntF of • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council • Obtain Council approval Staff Time: 4-6 hours Fiscal Commitment: None at this time subject to eantfflet. Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. 0 W1, Cultural Arts Commission Work Plan July 1999 Task: Develop Public Art Program Information Completion Date: june 1999 Ongoing Participants: Commissioners, Staff Suggested Resources: Staff, Commissioners, printed materials, activity calendars, lists of organizations Steps To Completion: • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Staff Time: 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. t Cultural Arts Commission Work Plan July 1999 Task: Coachella Valley Cultural Conferences, Workshops & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Steps to Completion: • Recommend to Council purposed conferences, workshops & events • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the VVE)FI(S conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events Staff Time: 1 hourpeFevent. 10-12 hours per event Fiscal Commitment: Nominal Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of GanfeFeneesPNarkshaps conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. IN_ A- ) '1-) 0 t� Cultural Arts Commission Work Plan July 1999 Task: Refine the Artist Bank Completion Date: On -Going Participants: Commissioners, Other Cities, Regional Information Suggested Resources: Commissioners, Public Information Steps To Completion: • Continue to upgrade the bank by contacting other Cities for a comprehensive list of artists • Solicit new artists • Purchase of a eamputeF PfOgFOM9 that allows fa artists Staff Time: 1-2 hours per month Fiscal Commitment: Nominal for supplies and materials Staff Role: Provide support and liaison to City Council Council Role: Provide support Goal: Chapter 2.75.040 (7) Encourage public and private partnerships t o 0 01 Cultural Arts Commission Work Plan July 1999 Task: Review Art In Public Places Master Plan Completion Date: june 1999 Ongoing Participants: Commissioners Suggested Resources: Commissioners, Community Members Steps To Completion: • Review, re-evaluate and coordinate the cultural elements of the City's Master Plan, Art In Public Places Plan and other related plans for appropriate components for recommendation to Council in one Art In Public Places Master Plan • Include appropriate components as identified Staff Time: 1-2 hours Fiscal Commitment: None Staff Role: Act as liaison to City Council, provide technical support to Commission Council Role: Provide direction and periodic review of progress Goal: Chapter 2.75.040 (11) of Ordinance 317: "Maintain and Implement the Art In Public Places Plan subject to approval by the City Council..." 1 Cultural Arts Commission Work Plan July 1999 Task: Research and Solicit Grants Completion Date: On -going Participants: Commissioners Suggested Resources: Commissioners, Web Sites, Arts Organizations, Foundations and Corporations Steps To Completion: • Review appropriate funding sources with staff • Make recommendations to Council in accordance with Council policy • Support staff submittal of application to organization for consideration Staff Time: 6 hours per grant Fiscal Commitment: None Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support, review and approve applications Goal: Chapter 2.75.040 (2) of Ordinance 317: Make recommendations for research and solicitation of grants and donations. Cultural Arts Commission Work Plan July 1999 Task: "Meet A the La Quinta Artist" Completion Date: Bi-Monthly Participants: Commissioners Suggested Resources: Commissioners, Staff, Residents, Media sources Steps To Completion: • Each month a local artist representing a various medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter, and La Quinta Post and other cultural events with a "snapshot" of their work and history Staff Time: 1 hour per month Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Provide direction and support, review and consider the program Goal: Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. UL* ; CITY OF LA QUINTA 0i CULTURAL ARTS COMMISSION WORK PLAN 1999/00 Approved by City Council Cultural Arts Commission Work Plan July 1999 Task: Completion Date: Participants: Annual Work Plan May 2000 Commissioners Suggested Resources: Commissioners, Staff Steps to Completion: • Review existing assignments • Review programs being offered by other Cities. • Suggest assignments to fill any voids Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." Cultural Arts Commission Work Plan July 1999 Task: Placement of Public Art Completion Date: On -going Participants: Commissioners, Staff Suggested Resources: Commissioners, City Council, Residents Steps To Completion: Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site Staff Time: 10-12 hours per project Fiscal Commitment: Funds appropriated from the Art in Public Places Account Staff Role: Consider site, art piece and appropriation of funds Council Role: Provide support and subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. Ui Cultural Arts Commission Work Plan July 1999 Task: Temporary Art Placement Program Completion Date: On going Participants: Commissioners Suggested Resources: Commissioners, local artists and art galleries Steps To Completion: • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council • Obtain Council approval Staff Time: 4-6 hours Fiscal Commitment: None at this time Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. L Cultural Arts Commission Work Plan July 1999 Task: Develop Public Art Program Information Completion Date: On going Participants: Commissioners, Staff Suggested Resources: Staff, Commissioners, printed materials, activity calendars, lists of organizations Steps To Completion: • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval Staff Time: 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. t1.� Cultural Arts Commission Work Plan July 1999 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Steps to Completion: • Recommend to Council purposed conferences, workshops & events • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events Staff Time: 10-12 hours per event Fiscal Commitment: Nominal Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. s Cultural Arts Commission Work Plan July 1999 Task: Refine the Artist Bank Completion Date: On -Going Participants: Commissioners, Other Cities, Regional Information Suggested Resources: Commissioners, Public Information Steps To Completion: • Continue to upgrade the bank by contacting other Cities for a comprehensive list of artists • Solicit new artists Staff Time: 1-2 hours per month Fiscal Commitment: Nominal for supplies and materials Staff Role: Provide support and liaison to City Council Council Role: Provide support Goal: Chapter 2.75.040 (7) Encourage public and private partnerships oLwt1 Cultural Arts Commission Work Plan July 1999 Task: Review Art In Public Places Master Plan Completion Date: On going Participants: Commissioners Suggested Resources: Commissioners, Community Members Steps To Completion: • Review, re-evaluate and coordinate the cultural elements of the City's Master Plan, Art In Public Places Plan and other related plans for appropriate components for recommendation to Council in one Art In Public Places Master Plan • Include appropriate components as identified Staff Time: 1-2 hours Fiscal Commitment: None Staff Role: Act as liaison to City Council, provide technical support to Commission Council Role: Provide direction and periodic review of progress Goal: Chapter 2.75.040 (11) of Ordinance 317: "Maintain and Implement the Art In Public Places Plan subject to approval by the City Council..." 01- . A_ Cultural Arts Commission Work Plan July 1999 Task: Research and Solicit Grants Completion Date: On going Participants: Commissioners Suggested Resources: Commissioners, Web Sites, Arts Organizations, Foundations and Corporations Steps To Completion: • Review appropriate funding sources with staff • Make recommendations to Council in accordance with Council policy • Support staff submital of application to organization for consideration Staff Time: 6 hours per grant Fiscal Commitment: None Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support, review and approve applications Goal: Chapter 2.75.040 (2) of Ordinance 317: Make recommendations for research and solicitation of grants and donations. �s Cultural Arts Commission Work Plan July 1999 Task: "Meet the La Quinta Artist" Completion Date: Bi-Monthly Participants: Commissioners Suggested Resources: Commissioners, Staff, Residents, Media sources Steps To Completion: • Each month a local artist representing a various medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter, La Quinta Post and other cultural events with a "snapshot" of their work and history Staff Time: 1 hour per month Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Provide direction and support, review and consider the program Goal: Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. �? a TWY,-, " AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: June 1, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Community Services Commission 1999/2000 Work Plan RECOMMENDATION: PUBLIC HEARING: Approve the Community Services Commission's 1999/2000 Work Plan. FISCAL IMPLICATIONS: Fiscal commitments will be minimal and based on projects undertaken by the Commission per the approved Work Plan. BACKGROUND AND OVERVIEW: The Community Services Commission, at its May 10, 1999 meeting, approved the final draft of the 1999/2000 Work Plan and is submitting the Work Plan for City Council consideration and approval (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Community Services Commission's 1999/2000 Work Plan; or 2. Do not approve the Community Services Commission's 1999/2000 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvit mmunity services uirector A:\CC.037.wpd Approved for submission by: Thomas P. Genovese, CiTy Manager Attachments: 1. Community Services Commission 1999/2000 Work Plan (Redline and final copies) A:\CC.037.wpd ATTACHMENT 1 THE CITY OF LA QUINTA COMMUNITY SERVICES COMMISSION WORK ". 4N Community Services Commission Work Plan July 1999 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation and community services ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PAGE Community Services/Recreation 2 Park Development 3 Liaison To The Community 4 Community Unity 5 Safety 6 Advisory Body To City Council 7 M 0Ij Community Services Commission Work Plan July 1999 Task: Community Services/Recreation Completion Date: On -going Participants: Commissioners Suggested Resources: Leisure and Recreation Program Providers Steps To Completion ♦ Work with Community Services Director on community service issues Staff Time: One to two hours per month, depending on issues Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(1): Analyze community service's program effectiveness and needs, and recommend comprehensive solutions Chapter 2.95.040 (a)(8): Propose recreation and social programs (14): Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system (18): Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. VU4I Community Services Commission Work Plan Task: Completion Date: Participants: Park Development On -going Commissioners July 1999 Suggested Resources: Park and Recreation Master Plan, La Quinta General Plan Steps To Completion: ♦ Review and comment on Parks and Recreation Master Plan annually ♦ Review Trails Master Plan ♦ Review proposed Park Development projects Staff Time: One to two hours per month 2-10 hours per week Fiscal Commitment: Pursuant to projects Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process, screening and selection of professional firms, and conduct public hearings. Review and consider Commission recommendations Reference: Chapter 2.95.040(a)(3): Prepare and maintain community services master plans (5): Serve as a public forum and conduct public hearings for recreation and human services concerns (11): Review individual park master plans for recommendation to City Council ou Community Services Commission Work Plan July 1999 Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Chamber of Commerce, Mainstreet Marketplace, La Quinta Post, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: ♦ Monitor, review and promote recreation and leisure programs in La Quinta ♦ Attend: Mayor's Luncheon; Senior Center Functions; Chamber Functions; Mainstreet Marketplace; school board meetings, and other agency meetings ♦ Report on Commission actions, conduct public forums to gather opinion, upon Council approval Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a)(12) Aid in coordinating the recreation services of other governmental agencies and volunteer organizations (13) Make recommendations to the City Council on community issues (0j v Community Services Commission Work Plan Task: Community Unity Completion Date: Spring 1999 2000 Participants: Commissioners July 1999 Suggested Resources: Community Resources and Agencies Steps To Completion: ♦ Conduct Community Youth Workshop & Picnic to present current programs ♦ Encourage participation in recreational, cultural, social, educational, health related and safety programs Staff Time: Ten to twelve hours per event 50-80 hours per event Fiscal Commitment: Minimal $1,400 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a)(17):Foster mutual understanding and respect among racial, religious, cultural and nationality groups Community Services Commission Work Plan Task: Safety Completion Date: On -going July 1999 Participants: Commissioners Suggested Resources: Cachet kits, brochures, pamphlets, ASTM Standard Consumer Safety Performance Specifications for Play Equipment for Public Use Steps To Completion: ♦ Encourage participation in American Red Cross, ARC Youth Program, CVAG, LQ Fire Dept., Volunteers for Increased Public Safety (YIPS) and other local services ♦ Provide information to residents on available services ♦ Provide Disaster Preparedness Information ♦ Review and update list of emergency personnel who could be called upon in an emergency ♦ Promote safe facilities Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Advise Commission of meetings and provide support and liaison to the Community Safety Manager Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(16): Encourage and promote understanding and cooperation between the public safety agencies and the residents. Chapter 2.95.040 (10): Review parks maintenance standards and quality. t�lu Community Services Commission Work Plan July 1999 Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps To Completion: ♦ Be actively involved in City issues and concerns ♦ Receive direction from City Council and take action as directed, accept assignments ♦ Maintain communication with the City Council ♦ Attend annual training workshops, schools and conferences to improve Commissioner performance ♦ Provide annual work plan for Council review, comment and approval ♦ Review grant opportunities and make recommendations for funding to the City Council Staff Time: Two to four hours per plan 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council: 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission 2.95.040 (a)(2): Make recommendations to the City Council for research and solicitation of grants and donations. r� ,A 0-.:. THE CITY OF LA QUINTA COMMUNITY SERVICES COMMISSION WORK PLAN 1999.2000 Community Services Commission Work Plan July 1999 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation and community services ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PAGE Community Services/Recreation 2 Park Development 3 Liaison To The Community 4 Community Unity 5 Safety 6 Advisory Body To City Council 7 Community Services Commission Work Plan July 1999 Task: Community Services/Recreation Completion Date: On -going Participants: Commissioners Suggested Resources: Leisure and Recreation Program Providers Steps To Completion ♦ Work with Community Services Director on community service issues Staff Time: One to two hours per month, depending on issues Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(1): Analyze community service's program effectiveness and needs, and recommend comprehensive solutions Chapter 2.95.040 (a)(8): Propose recreation and social programs (14): Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system (18): Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. Community Services Commission Work Plan Task: Park Development Completion Date: On -going Participants: Commissioners July 1999 Suggested Resources: Park and Recreation Master Plan, La Quinta General Plan Steps To Completion: ♦ Review and comment on Parks and Recreation Master Plan annually ♦ Review Trails Master Plan ♦ Review proposed Park Development projects Staff Time: 2-10 hours per week Fiscal Commitment: Pursuant to projects Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process, screening and selection of professional firms, and conduct public hearings. Review and consider Commission recommendations Reference: Chapter 2.95.040(a)(3): Prepare and maintain community services master plans (5): Serve as a public forum and conduct public hearings for recreation and human services concerns (11): Review individual park master plans for recommendation to City Council Community Services Commission Work Plan July 1999 Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Chamber of Commerce, Mainstreet Marketplace, La Quinta Post, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: ♦ Monitor, review and promote recreation and leisure programs in La Quinta ♦ Attend: Mayor's Luncheon; Senior Center Functions; Chamber Functions; Mainstreet Marketplace; school board meetings, and other agency meetings ♦ Report on Commission actions, conduct public forums to gather opinion, upon Council approval Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a)(12) Aid in coordinating the recreation services of other governmental agencies and volunteer organizations (13) Make recommendations to the City Council on community issues Community Services Commission Work Plan Task: Completion Date: Participants: Community Unity Spring 2000 Commissioners July 1999 Suggested Resources: Community Resources and Agencies Steps To Completion: ♦ Conduct Community Youth Workshop & Picnic to present current programs ♦ Encourage participation in recreational, cultural, social, educational, health related and safety programs Staff Time: 50-80 hours per event Fiscal Commitment: $1,400 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a)(17):Foster mutual understanding and respect among racial, religious, cultural and nationality groups 3;) 01: Community Services Commission Work Plan Task: Safety Completion Date: On -going July 1999 Participants: Commissioners Suggested Resources: Cachet kits, brochures, pamphlets, ASTM Standard Consumer Safety Performance Specifications for Play Equipment for Public Use Steps To Completion: ♦ Encourage participation in American Red Cross, ARC Youth Program, CVAG, LQ Fire Dept., Volunteers for Increased Public Safety (VIPS) and other local services ♦ Provide information to residents on available services ♦ Provide Disaster Preparedness Information ♦ Review and update list of emergency personnel who could be called upon in an emergency ♦ Promote safe facilities Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Advise Commission of meetings and provide support and liaison to the Community Safety Manager Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(16): Encourage and promote understanding and cooperation between the public safety agencies and the residents. Chapter 2.95.040 (10): Review parks maintenance standards and quality. 1 �_3r► Community Services Commission Work Plan July 1999 Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps To Completion: ♦ Be actively involved in City issues and concerns ♦ Receive direction from City Council and take action as directed, accept assignments ♦ Maintain communication with the City Council ♦ Attend annual training workshops, schools and conferences to improve Commissioner performance ♦ Provide annual work plan for Council review, comment and approval ♦ Review grant opportunities and make recommendations for funding to the City Council Staff Time: 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council: 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission 2.95.040 (a)(2): Make recommendations to the City Council for research and solicitation of grants and donations. BUSINESS SESSION ITEM: ORDINANCE NO. 331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.29- PLANNING COMMISSION OF THE LA QUINTA MUNICIPAL CODE REGARDING THE ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE The City Council of the City of La Quinta, California does ordain as follows: SECTION 1. Chapter 2.29-Planning Commission of the La Quinta Municipal Code is hereby amended as contained in Exhibit "A" attached hereto and made a part hereof. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by Resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 1" day of June, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California J Ordinance No. 331 Architectural & Landscaping Committee Amendment of Chapter 2.29 Adopted: 6/1/99 Page 2 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California EXHIBIT "A" Chapter 2.29 PLANNING COMMISSION Sections: 2.29.010 Created. 2.29.020 Secretary, staff support, committees. 2.29.030 Rules of procedure. 2.29.040 Architectural and Landscaping Review Committee. 2.29.010 Created. Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, there is established for the City a planning agency, consisting of a Community Development Department, a Planning Commission, and the City Council, acting in combination. The Planning Commission shall consist of five members, serving at the will of the City Council, with such compensation as the City Council may from time to time determine. The appointments shall be for two-year terms, with the exception that the initial appointments, to be effective in July, 1998, shall be for three members having two-year terms and two members having one-year terms. It shall have the powers, functions and duties prescribed in the Planning and Zoning Law, and in the La Quinta Zoning Ordinance and in this Code and other local ordinances; provided, that it shall not exercise any direct contracting authority as specified in Section 65007 of the Planning and Zoning Law. 2.29.020 Secretary, staff support, committees. The Commission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. The City Manager shall appoint a person to act as secretary to the Commission, and shall be responsible for providing the necessary staff support. 2.29.030 Rules of procedure. The Commission shall follow such rules and regulations established by the City Council for the conduct of its business which shall comply with Section 65804 of the Planning and Zoning Law. Ordinance No. 331 Architectural & Landscaping Committee Page 4 2.29.040 Architectural and Landscaping Review committee. The City Council shall appoint a three -member Architectural and Landscaping Review Committee ("ALRC"). It is preferred, although not required, that members of the ALRC have expertise in the areas of architecture or landscape architecture. La Quinta residency is preferred, but not required. Recruitment for members may be advertised outside the City limits. The ALRC shall meet, when in the determination of the Community Development Director, a structure or landscape design will be considered by the Planning Commission, to make recommendations as to design issues to be included in the staff report to the Planning Commission. The ALRC shall meet only one time on a given project. The recommendations of the ALRC shall be advisory only and not binding on the Planning Commission. The terms of the members of the ARLC shall be for two years, with the initial appointments to be two members having two-year terms and one member having a one-year term. T4'it 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1, 1999 CONSENT CALENDAR: ITEM TITLE: Discussion of the Intersection Ultimate STUDY SESSION: Improvements at Jefferson Street/Avenue 52 PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council, receive a presentation from the City's design consultant. FISCAL IMPLICATIONS: The fiscal impacts are currently unknown. At the direction of the City Council, staff prepared the Jefferson Street Improvement bid documents with both a traditional signalized intersection (base bid) and a roundabout type intersection (additive alternate). The project is currently being advertised with the bid opening scheduled for June 11, 1999. The bid information will be brought for further City Council consideration on June 15, 1999. BACKGROUND AND OVERVIEW: On March 18, 1997, the City Council approved the original Reimbursement Agreement and MOU between CVAG, La Quinta, Indio, and the County of Riverside for Jefferson Street Ultimate Improvements from Indio Boulevard to Avenue 54. The MOU identifies the City of La Quinta as the lead agency and the City of Indio and County of Riverside as the cooperating agencies. On April 29, 1997, the CVAG Executive Committee approved the original Reimbursement Agreement and MOU between the City of La Quinta, City of Indio, County of Riverside, and CVAG. On March 16, 1999, the City Council approved Amendment No. 1 to the CVAG MOU. Amendment No. 1 provides a 75%/25% split between CVAG and the affected jurisdictions for the funding of this project. This amendment was approved by the CVAG Executive Committee on February 22, 1999. 4 T:\PWDEPT\COUNCIL\1999\990601 b—pd The proposed Jefferson Street Improvements will be constructed in two phases. Phase I improvements begin at State Highway 1 1 1 and end at Avenue 54. Phase II improvements begin at Indio Boulevard and end at State Highway 1 1 1 . This project has been on an accelerated pace in order to capture 1 .3 million dollars of additional funding. On April 28, 1999, the City of La Quinta formally requested that CVAG issue Amendment No. 2 to the CVAG MOU. Amendment No. 2 addresses reimbursement for final engineering ($665,178), City administration costs ($33,259) and includes reimbursement for estimated construction costs for Phase 1 Jefferson Street Improvements from Avenue 54 to State Route 1 1 1. On May 14, 1999, the CVAG Technical Advisory Committee (TAC) approved Amendment No. 2 to the CVAG MOU, and Amendment No. 1 to the consultant contract for final design. In subsequent communications, CVAG staff has indicated that this item will be considered for approval by the Executive Committee during its meeting of June 7, 1999. On May 18, 1999, the City Council took the following actions in relation to this project: 1. Adopted a Resolution certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378; 2. Approved Amendment No. 2 in concept and authorized the City Manager to execute the amendment to the CVAG Reimbursement Agreement and Memorandum of Understanding (MOU) for project final design and construction of Jefferson Street from Avenue 54 to State Highway 1 1 1 when it becomes available from CVAG to the City of La Quinta, City of Indio, and County of Riverside; 3. Approved Amendment No. 1 amending the Robert Bein, William Frost and Associates (RBF) contract in the Amount of $665,178 to prepare Plans, Specifications and Engineer's Estimate (PS&E) for Project 99-05, Jefferson Street Improvements, Avenue 54 to State Highway 1 1 1 ; and 4. Approved the PS&E and authorized staff to advertise and receive bids for Project 99-05, Jefferson Street Improvements, Avenue 54 to State Highway 1 1 1 . The PS&E approval stipulated that the potential roundabout proposed for the intersection of Jefferson Street at Avenue 52 be bid as an additive alternate and that a traditional signalized intersection be designed and included within the base bid project. 0 0 T:\PWDEPT\C0UNCIL\1 999\990601 h.wpd During the May 18, 1999 City Council Meeting, the City Council requested additional information regarding the advantages and disadvantages of constructing a roundabout in lieu of a traditional signalized intersection on Jefferson Street at Avenue 52; as well as, additional information regarding the landscaping for Jefferson Street. This project has been on an accelerated pace in order to secure approximately 1 .3 million dollars of additional funding for this project. The two remaining issues of (1) construction of a traditional signal or roundabout for the intersection and (2) the potential landscaping for Jefferson Street are addressed below. A bid award prior to June 30, 1999 will allow us to secure said funding. Any outstanding right-of-way issue(s) will be discussed as the project moves forward. Roundabouts Staff has arranged for the project design consultant to make a presentation. The estimated cost for a roundabout at the intersection of Jefferson Street and Avenue 52 is $226,000. The estimated cost for a conventional signal at this location is $150,000. The roundabout at this location is estimated to cost $76,000 more than a conventional signal. With the CVAG reimbursement agreement, the estimated City share for this roundabout is approximately $19,000. Modern roundabouts follow design principles that are different from those of traffic circles built in the United States in the first half of the 20th century. The old circles often gave priority to entering traffic and were designed with the weaving movement as a prime consideration. The circles became fairly large, with long distances between consecutive entrances and exits and experienced relatively high speeds. In contrast, the modern roundabout is designed for lower speeds, and its dimensions are determined by the number of branches, required capacity, and the turning radii of larger vehicles. Deflection of the vehicle path through the roundabout is a critical design element affecting the safety of the roundabout. Entering traffic has to yield to circulating traffic. At low traffic loads, vehicles enter without stopping; at higher loads, entering traffic has to wait for a gap in the circulating stream. To increase roundabout capacity, entries are flared to provide more than one entry lane, and the circulatory roadway is widened. Although there are fewer than 50 roundabouts in use in the United States, they represent a variety of designs and applications. Roundabouts have been built in urban, suburban, and rural environments, and on arterial roads, collectors, and local streets. About two-thirds are single -lane roundabouts and one-third are multi -lane. Three diamond freeway interchanges operate with two roundabouts each. The town of Avon, Colorado built a string of five high -capacity roundabouts along a commercial arterial, tying them together with a cultural theme in the central island treatment. T:\PWDEPT\COUNCIL\1999\990601 b.wpd Locations appropriate for roundabouts include areas where there is not enough room for an acceptable outside diameter or where it would be difficult to provide a flat plateau (maximum three to five percent grade) for roundabout construction. Intersections with heavy flows on the major road and low volumes on the minor road may also not be appropriate, because of the undue delays imposed on the major flows. In the City's General Plan, Jefferson Street is designated as a six lane major arterial. Avenue 52 is designated as a six lane major arterial west of Jefferson Street and a four lane primary arterial east of Jefferson Street. The projected average daily traffic at "buildout" for Jefferson Street exceeds 45,000 vehicles per day. The projected average daily traffic at "buildout" on Avenue 52 is approximately 34,000 per day west of Jefferson Street, and 14,000 vehicles per day east of Jefferson Street. Therefore, the intersection of Jefferson Street and Avenue 52 is considered an intersection with heavy flows on all legs. Although roundabouts may have a traffic calming effect, their purpose is to enhance the efficiency of an intersection. Traffic on all legs are able to continually move without the stopping and starting patterns necessitated by a traffic signal. The constant circulation of a roundabout increases capacity at busy intersections. At conventional signalized intersections, pedestrians cross on marked crosswalks in front of stopped vehicles. They cross with the aid of pedestrian activation indicators that are located on traffic signals. Conflicts have arisen when motorists, attempting to turn right on red, look over their left shoulder and do not focus on pedestrians that may be within the crosswalk. In the case of a roundabout, the pedestrians are crossing approximately 40' (2 car lengths) behind the merge line. Motorists attempting to enter into the roundabout are looking over their left shoulder; however, the vehicles that are stacked and not attempting to merge have their full attention in front of them where the pedestrians are crossing. These crosswalks begin at the handicap ramps and are not marked. The reason for the lack of crosswalk markings is so that the pedestrians do not have a false sense of security. During times of low flow, there is no vehicle stack at the merging lane of the roundabout. A striped crosswalk would encourage residents to step out into traffic thinking the traffic will stop. For this reason, it is recommended not to stripe a crosswalk. According to the consultant, Ourston & Doctors, studies have indicated that roundabouts are safer for pedestrian traffic as compared to conventional signalized intersections; however, data differs from location to location. The consultant also stated that studies have indicated that roundabouts are less safe for cyclists than conventional signalized intersections. Most adult cyclists are familiar with the vehicle code and ride bicycles in the direction of traffic, obeying all traffic laws. However, children on bicycles tend to utilize the crosswalks and pedestrian safe zones; and therefore, are not riding in the direction of traffic. 'o i T:\PWDEPT\COUNC1U1 999\990601 b. wpd 004 A survey was conducted of all state departments of transportation in the United States, the Canadian provinces, and 26 U.S. municipalities and counties to gain an understanding of the general perceptions and current use of modern roundabouts. The main reasons survey respondents gave for building or considering roundabouts are: 1) greater safety, 2) shorter delays, 3) lower costs, and 4) aesthetic and urban design reasons. In addition to the design, operational and safety features, roundabouts appear to have positive impacts on driver behavior and attitude. Slower speeds make drivers more aware of their environment and of the other users. Yielding to traffic in the circle induces a higher level of responsibility by the driver as compared to the "go" message perceived with a green light. Disadvantages Problems that may occur with roundabouts are: 1) the advantage given to the low - volume street, may sometimes cause undue delays to the major street; 2) the difference in right-of-way control for pedestrians may confuse pedestrians; 3) unusual or new maintenance procedures; 4) high construction costs in some instances; and 5) right-of-way required for a roundabout is greater when compared to right-of-way required for a conventional signalized intersection. The roundabout consultant will complete a short presentation including slides and video tape if the City Council so desires. Landscaping for Jefferson Street During the May 18, 1999 City Council Meeting, the raised landscape median on Jefferson Street from Highway 111 to Avenue 54 was discussed. As part of the design brought forward to the City Council, a raised median is proposed for construction from Highway 111 to Avenue 54. The Jefferson Street design was completed in accordance with the approved typical section for a Major Arterial in the City's General Plan. This typical section designates an 18' raised curb median. A landscaping design has not been completed as of this date. Mi T:\PWDEPT\COUNCIL\1 999\990601 b.wpd There are presently a number of raised curb medians within the City that do not have landscaping, but will be receiving landscape treatment in the future. These included Avenue 50 from Washington Street to Eisenhower Drive, Calle Tampico from Washington Street to Eisenhower Drive, Sinaloa west of Bermudas, and Avenue 52 fronting the Fritz Burns Park. Prior to November 1996, the City had planned on completing the installation of landscaping in these medians; however, during the November 1996 election, the public voted in favor of Proposition 218 which requires a vote of the public to increase assessment rates for Landscape & Lighting Districts. At that time the City Council chose not to award landscaping projects for medians that were not identified in the Landscape and Lighting Engineer's Report prior to 1996. Concerns have been voiced by the citizens and the City Council regarding constructing raised curb medians without landscaping. Through discussions with the City Attorney, MBIA MuniFinancial, and other cities, it has been determined that additional medians may be added to the Landscape and Lighting Engineer's Report for future assessments provided that the following occurs: 1 . There is no change in methodology; 2. There is no increase in the assessment rates; 3. The medians that are added are exempt from the provisions of Proposition 218. (All improvements within street right-of-way are defined as exempt from the provisions of Proposition 218.) As the median is exempt from the provisions of Proposition 218, the City will have the ability in the future to maintain the landscape median on Jefferson Street from future assessments. The estimated cost for the landscape design for the Jefferson Street median is $50,000 not including any roundabout treatment. The estimated cost for the installation of the median landscaping and irrigation is $1 ,21 7,875 or $1 ,554,375 including roundabout landscaping and irrigation. The estimated yearly median maintenance is $17,615 or $23,273 including roundabout landscaping maintenance. These cost estimates are based on utilizing the City's approved landscape pallet for the medians and roundabout. No additional landscape enhancements for the roundabout and medians were considered. T:\PWDEPT\COUNCIL\1999\990601 b.wpd The following table lists the changes in funding between the original CIP report and the negotiations with CVAG for the Phase 1 Jefferson Street Ultimate Improvements. FUNDING SOURCE ORIGINAL REVISED BUDGETED CIP Infrastructure Fund $2,882,008 $1,172,184 Infrastructure Fund - Landscaping $1,709,824 CITY PORTION $2,882,008 $2,882,008 State Local Transportation $1,299,992 $1,299,992 Partnership Program (SLTPP) CVAG $4,182,000 $6,273,000 TOTALS $8,364,000 $10,455,000 CVAG has agreed to fund 75% of construction costs for Phase 1, which has decreased costs to the City and thereby resulting in additional funds available for any landscape improvements. CVAG does not reimburse for landscaping medians; therefore, the City could utilize Infrastructure Funds which had previously been allocated for construction. As previously discussed, the annual median maintenance cost for this project is estimated to be $23,273, which would increase the already identified shortfall in the Fiscal Year 1999/2000 Landscape and Lighting District Engineer's Report in the amount of $277,000. It is anticipated that additional revenue from future growth of the City will offset the additional maintenance costs in the future. If the City Council desires the landscaping to be completed as part of the Jefferson Street Improvements construction, this may be accomplished through a separate design contract, and either adding the landscaping to the contract by Change Order or bidding the landscaping out separately with a window of opportunity for installation at the end of the project. Respectfully submitted, Chris A. VoEt Public Works Director/City Engineer Approved for Submission by: 214,m,1 Thomas P. Genovese City Manager T:\PWDEPT\COUNCIL\1999\990601 b.wpd �.a�(�T •c DEPARTMENT REPORT: A" Ok ' 9�'O • 's� ""�► U rY y OF CND TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City ManageCj/ ,/-, DATE: June 1, 1999 RE: Department Report - Response(s) to Public Comment The following is the response to public comments made at the May 18, 1999 City Council meeting: Mr. Robert Tyler, 44-215 Villeta Drive, addressed the City Council regarding Internet access to pornography at the La Quinta Library. • Staff has contacted Riverside County staff to obtain a copy of the County's policy regarding this issue. Staff contacted Mr. Tyler and advised him that staff would forward a copy of the policy to him upon receipt from the County. This policy will also be forwarded to the City Council. JUNE 1 JUNE 4 JUNE 15 JUNE 16 JUNE 23 JUNE 24 JUNE 26 JULY 28-30 SEPTEMBER 13 OCTOBER 9 Updated: May 13, 1999 DEPARTMENT REPORT: CITY COUNCIL'S UP -COMING EVENTS CITY COUNCIL MEETING BUILDING HORIZONS AWARDS CELEBRATION CITY COUNCIL MEETING CHAMBER'S BUSINESS EXPO CHAMBER MIXER AT THE MONTECITO COLLECTION BIA/COUNCIL MEETING AT PGA RESORT CLUBHOUSE CHAMBER INSTALLATION DINNER AT LA QUINTA HOTEL LEAGUE'S MAYORS & COUNCIL MEMBERS EXECUTIVE FORUM IN MONTEREY 2ND ANNUAL MAYOR'S CUP GOLF CHALLENGE CITYWIDE CLEAN-UP DAY a .a_ w I 1 I June 1999 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 May 2:00 PM City 9:00 AM RCTC - S M T T F S Council Meeting Pena I 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 7:00 PM C.V. 5:30 PM Invest- 12:00 PM CVAG Mosquito Abate- ment Advisory Energy & Envi - Perkins Board Sniff 7:00 PM Planning 7:00 PM Cultural Commission Commission 13 14 15 16 17 18 19 7:00 PM Commu- 9:00 AM CVB- 3:30 PM Historic nity Services Henderson Preservation Commission 2:00 PM City Commission Council Meeting I 20 21 22 23 24 25 26 FATHERS DAY 9:30 AM CVAG 7:00 PM Planning 12:00 PM CVAG Public Safety- Commission Human & Com- Perkins Adolph 12:00 PM CVAG 4:00 PM Trans -Perkins DRRAirp- Henderson 27 28 29 30 4:00 PM CVAG Exec -Pena 12:00 PM SunLine-Pena July S M T W T F S -1 -2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i I i 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 5/27/99 .. J i DEPARTMENT REPORT: c&ty/ 4 tP QumtO MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SAUNDRA L. JUHOLA, CITY CLERK DATE: JUNE 1, 1999 SUBJECT: SPECIAL COUNCIL MEETINGS Staff is looking at two additional Council meetings during the month of June. Unless otherwise directed, the following dates will be scheduled for the purposes described. June 22, 1999 1 :30 PM June 29, 1999 1:30 PM 1999/2000 Budget Review Phase V Review Commission Applicant Interviews Civic Center Master Plan Review c•st DEPARTMENT REPORT: elm TitT 4 4a Qum& MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 1, 1999 SUBJECT: INFORMATION REGARDING CURRENT REGULATIONS ON TWO STORY UNITS The City Council requested information on the City's regulations dealing with the construction of two story units adjacent to single story units. The City's Zoning Code has two sections that address this issue: Section 9.60.300, "Compatibility Review for Partially Developed Subdivisions" and Section 9.60.310, "Restrictions on Multi -Story Buildings at Project Boundaries". Section 9.60.300(I)(1) states: 1. A two story house shall not be constructed adjacent to or abutting a lot line of an existing single story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two story unit was proposed for the lot by the prior builder." This Section limits the construction of two story units adjacent to single family units in a subdivision. A developer, prior to construction of any units, would have identified two story lots within the development. Disclosure of the two story units would have to be made to potential buyers. Therefore, once a single story unit has been constructed on a lot, no two story units could be constructed on any adjacent lot is sharing a common boundary, unless the adjacent lot was previously identified as a lot for a two story unit. Section 9.60.310, pertains to different subdivisions adjacent to each other. It states: "A dwelling located next to a project, or city/county, or tract boundary shall be limited to one story if an existing one story dwelling is within 50 feet of the common property line unless, there is a street separating the two." C:\My Documents\WPDOCS\CCJH-A.wpd These two Sections of the Code address the placement of two story units within partially developed subdivisions and subdivisions adjacent to each other. Respectfully submitted, J rry Herjman community Development Director Approved for Submission by, Thomas P. Genovese, City Manager C:\My Documents\WPDOCS\CCJH-A.wpd Tit,/ 4 a 4" COUNCIL/RDA MEETING DATE: ,June 1, 1999 ITEM TITLE: Public Hearing to Consider an Appeal by Mr. Arthur E. Brandt of the Planning Commission's Decision Approving Site Development Permit 99-651, a Request by KSL Recreation Corporation to Install 9,600 Square Feet of Temporary Modular Office Units on a Four Acre Site Developed with Existing Interim Uses in the Tourist Commercial District pursuant to Specific Plan 83-002 (PGA West) at 55- 910 PGA Boulevard RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Adopt a Resolution of the City Council denying the appeal request and upholding the Planning Commission's decision of May 11, 1999 to approve Site Development Permit 99-651 , subject to conditions. FISCAL IMPLICATIONS: None. BACKGROUND -AND OVERVIEW: On May 14, 1999, Mr. Arthur E. Brandt, a PGA West property owner, filed an appeal requesting that the City Council deny the Planning Commission's approval of Site Development Permit 99-651, allowing 9,600 square feet of temporary offices at 55- 910 PGA Boulevard for a three year time period. The appeal request is supported by property owners to the north of the site that reside on Pebble Beach. A copy of the appeal is attached (Attachment 1). SRCCSDP65 I Appcal - 33 �� PGA West History PGA West Specific Plan 83-002 (EIR State Clearinghouse #83062922) provides for four 18 hole golf courses, a maximum of 5,000 residential dwelling units, a 1 ,000 room resort hotel and other related resort commercial facilities on approximately 1,665 acres (Attachment 2). The land use areas within the Plan are designated for Low Density Residential, Community Commercial, Tourist Commercial and Golf Course Open Space. The Specific Plan Zoning for the proposed relocation of the modular units for offices is Tourist Commercial which allows relocatable and interim uses. The proposed site is encircled to the south by vacant parcels owned by the applicant, to the east by the existing golf course, to the north by existing single family houses, and to the west by PGA Boulevard. Currently, the site has 10,580 square feet of office space within modular units, a cart barn storage building and accessory improvements including vehicle parking and landscaping. The temporary fencing with green mesh on PGA Boulevard was installed last year to reduce the view of the modular units from the street. Project Proposal KSL Recreation Corporation has requested to relocate nine existing temporary office modular units from their present location at the southern terminus of PGA Boulevard (56-140 PGA Boulevard) to a four acre site at 55-910 PGA Boulevard due to construction activities by Centex Homes on Tract 28960 (Attachment 3). The existing modular units and five new modulars total approximately 9,600 square feet. Relocating the modular units to this new site requires removal of six parking spaces leaving 91 parking spaces, a ratio of one space per 220 square feet for all site users. An existing wood frame building at 56-140 PGA Boulevard will be demolished during the relocation process. The existing single story modular units are clad in wood or masonite siding. Photographs of the existing modular units are on file with the Community Development Department. The modular units are planned to be located 180 feet to 320 feet from the west property line, and will be repainted grey with white trim once on -site. Blue awnings are used for shading purposes. In addition to relocating the modular units, new landscaping is also proposed. Landscaping consists of a variety of desert climate trees and shrubs typically used at PGA West. Trees are proposed not only along the west side of the modular units, but also along the east side, adjacent to the golf course. A trellis is proposed between two of the modular units. 000M_ SRCCSDP65I Appeal - 33 Planning Commission Action The Planning Commission held a public hearing on May 11, 1999, to consider approval of Site Development Permit 99-651 . Testimony was received from adjacent residents on Pebble Beach opposed to the continued interim use of the property for offices. The Planning Commission, on a 4-0 vote (Commissioner Butler absent), adopted Resolution 99-045 approving the office complex, subject to conditions. A copy of the minutes is attached (Attachment 4). Condition #18 requires removal of the proposed and existing modular offices from the improved four acre site by June 1, 2002. Architecture and Landscaping Review Committee On May 5, 1999, the Architecture and Landscaping Review Committee, on a 2-0 vote, adopted Minute Motion 99-013, approved the preliminary landscape plan for this project, subject to the final landscape and irrigation plans being approved by the Community Development Department. A copy of the minutes is attached (Attachment 5). Public Hearing Notice This case was advertised in the Desert Sun newspaper on May 21, 1999 as well as mailed to all property owners within 500 feet. Public hearing notices were also sent to all property owners on Pebble Beach adjacent to the site as requested by KSL, exceeding the requirements established under Sections 9.200.120 (Appeals) and 9.200.1 10 (Public Hearings) of the Zoning Code. Public hearing noticing requirements for this meeting and the previous Planning Commission meeting were completed in compliance with existing City rules and regulations. Agency Comments On April 19, 1999, the applicant's request was sent to affected public agencies for their comments. All pertinent comments received have been incorporated into the Conditions of Approval. Appeal Procedures Section 9.200.120(E)(5) Appeals - Issues to be Considered states: "The Board of Appeals may refuse to consider any issues which were not raised by the appellant or SRCCSDP65I Appeal - 33 000003 another person either by verbal testimony or written correspondence made at or before the time the decision making authority took action." Therefore, only those issues raised at the Planning Commission Public Hearing should be considered by the City Council. FINDINGS AND ALTERNATIVES: Findings necessary to deny appellants request can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: Adopt a Resolution of the City Council denying the appeal request and upholding the Planning Commission's decision of May 11, 1999 to approve Site Development Permit 99-651, subject to conditions; or 2. Approve the appellant's request denying Site Development Permit 99-651 ; or 3. Provide staff with alternative direction. Respectfully submitted, c erry Herman, Comm nity De elopment Director Approved for Submission by: _. Thomas P. Genovese, (Cty Manager Attachments: 1 . May 14, 1999 Appeal Request 2. PGA West Map Exhibit 3. Site Plan 4. May 1 1 , 1999 Planning Commission Minutes (Excerpt) 5. May 5, 1999 ALRC Minutes (Excerpt) SRCCSDP65I Appeal - 33 000004 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL REQUEST OF MR. ARTHUR E. BRANDT AND APPROVING SITE DEVELOPMENT PERMIT 99-651, PERMITTING THE RELOCATION OF EXISTING MODULAR OFFICE UNITS AND PLACEMENT OF NEW MODULAR UNITS ON A DEVELOPED FOUR ACRE PROPERTY LOCATED AT 55-910 PGA BOULEVARD IN ACCORDANCE WITH THE REQUIREMENTS OF SPECIFIC PLAN 83-002 CASE NO.: SITE DEVELOPMENT PERMIT 99-651 APPELLANT: MR. ARTHUR E. BRANDT APPLICANT: KSL RECREATION CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 1" day of June, 1999, hold a public hearing to consider the appeal petition of Mr. Arthur E. Brandt requesting denial of the Planning Commission's approval of Site Development Permit 99-651 permitting KSL Recreation Corporation to relocate modular office units from 55-160 PGA Boulevard to 55-910 PGA Boulevard and establish a corporate office complex on a four acre site, more particularly described as: Assessor's Parcel No.: Portion of 769-730-001 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 t" day of May, 1999, hold a public hearing to consider the request of KSL Recreation Corporation to approve the relocation of modular office units and installation of new modulars to a developed four acre site located approximately 4,500 feet south of Avenue 54 and east of PGA Boulevard. The Planning Commission, on a 4-0 vote, approved the request by adoption of Resolution 99-045, subject to conditions; and WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta, California, did on the 5tn day of May, 1999 recommend approval of the relocation of the corporate offices for KSL Recreation Corporation, by adoption of Minute Motion 99-013, subject to conditions. WHEREAS, said Site Development Permit has been determined to be exempt from review because the site is located within PGA West (Specific Plan 83- 002). Environmental Impact Report (State Clearinghouse #83062922) was certified by the City Council in 1984 for SP 83-002. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 166; 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 City Council did find the following facts and reasons to justify approval of said Site 00006) AARESOcc SDP651 .wpd - 33 Development Permit, pursuant to Section 9.210.010 of the Zoning Code and Specific Plan 83-002: 1 . The proposed Site Development Permit is consistent with the goals and policies of the La Quinta General Plan in that interim facilities have been determined to be ancillary to the management of the golf courses and land sales program under Specific Plan 83-002. 2. The relocation of the modular office units is consistent with the provisions of SP 83-002 which permits interim facilities for the country club. 3. The one story building complex complements the existing temporary buildings. Existing perimeter fencing and proposed landscaping buffer the temporary buildings adequately to facilitate this new addition. 4. Specimen trees are proposed to enhance the front of the modular office complex. Plant material is varied to create an aesthetically pleasing streetscape. The recommended conditions ensure compliance with Code requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; and 2. That it does hereby deny the appeal request by upholding the Planning Commission approval of Site Development Permit 99-651 for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 1 st day of June, 1999 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California A:\RESOcc SDP65l .wpd - 33 000006 Resolution 99- Site Development Permit 99-651 June 1, 1999 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 000001 A:\RESOcc SDP651.wpd - 33 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-651, APPEAL DUNE 1 , 1 999 GENERAL The Site Development Permit shall expire within one year from approval, unless building permits are issued pursuant to Section 9.210.010 of the Zoning Ordinance. Time extensions may be granted pursuant to Section 9.200.080. 2. The property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have right to select its defense counsel in its sole discretion. 3. Prior to the issuance of any grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department • Community Development Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) The applicant/developer is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. FEES AND DEPOSITS 4. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. LANDSCAPING 5. Landscape and irrigation plans shall be prepared by a licensed landscape architect, and approved by the Community Development Department pursuant to Chapter 8.13 of the Municipal Code. 000008 CondCC SDP651 - 33 Page I of 3 6. Specimen trees, measuring 10-feet high (i.e., minimum 1.5 to 2.0" calipers) shall be installed abutting the modular office complex as depicted on the site plan exhibit. All trees shall be double staked to prevent damage from seasonal winds. Shrubs shall be five gallon or larger. FIRE MARSHAL 7. Provide or show there exists a water system capable of delivering 2,500 g.p.m. for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 8. The required fire flow shall be available from a Super hydrant(s) (6"X 4"X 2.5"X 2.5") located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travel ways. 9. Prior to building permit issuance, applicant/developer will furnish one blueline copy of the water system plans to Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " 10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 11. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. The ordering forms are available by contacting the Fire Marshal's office at 760-863-8886. LIGHTING 12. Exterior lighting plans shall be approved by the Community Development Department Director prior to issuance of building permits. ARCHITECTURAL/SITE DESIGN 13. No roof mounted mechanical equipment is permitted. MISCELLANEOUS 14. All agency letters received for this case are made part of the case file documents for plan checking purposes. CondCC SDP651 - 33 Page 2 of 3 1 5. Prior to building permit issuance, trash and recycling areas for the project shall be approved by the Community Development Department pursuant to Section 9.60.220 of the Zoning Ordinance. The plan will be reviewed for acceptability by the applicable trash company prior to review by the Community Development Department. 16. Permanent identification signs for the development shall be lit by an indirect source as required by Chapter 9.160 (Signs) of the Zoning Ordinance. Temporary and permanent signs for the development shall be approved by the City prior to installation. 17. Temporary storage containers are not permitted to be used unless separately approved by the Community Development Department. 18. The Planning Commission shall receive a status report of the temporary uses from the applicant for this Site Development Permit by June 1, 2001. This permit expires on June 1, 2002. CondCC SDP651 - 33 Page 3 of 3 000010 ATTACHMENT 1 78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 APPLICATION FOR APPEAL OF FINDINGS OR CONDITIONS Appellant's NameARTHUR E. BRANDT AND NAMES ATT. Mailing Address 55-605 PEBBLE BEACH Date 5-14-99 LA/QUINTA CA. 92253 Phone: (760) 771-3600 RE: Case NoD,o �I Cf� (vS� ,A Type of Appeal: MAY 141999 Conditional Use Q7jnV0FLA0.LJflqT1Outdoor Advertising Variance Consistency with General Plan Change of Zone Environmental Assessment Public Use Permit Setback Adjustments Surface Mining & Temporary Use Permit Reclamation Permit Plot Plan Site Development Permit Please state basis for appeal and includ-e any supportive evidence. If applicable, indicate the number of the specific condition which is being protested. (1) FAILURE TO PROPERLY NOTIFY OF HEARING HOME OWNE19S ASSN.WAS NOT NOTIFIED ALSO SEE MARVIN MAY LETTER OF MAY11-99 PAGE 3 ITEM # 1 (p) IMPROPER USE OF TEMPORARY BUILDINGS SEE MARVIN MAY LETTER OF MAY 11-99 ITEM # 3 PAGE 39 4 Use additional sheets if necessary. Signature e-- -. /<sL(Cy"�"1 000012 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 FORM.003/CS ,41AY11, 1999 TO: CI TY OF LA Q UINTA PLANNING COMMISSION FROM: C. MAR VIN MA Y 55-555 PEBBLE BEACH LA QUINTA, CA. 92253 PLEASE ACCEPT THIS AS WRITTEN OPPOSITION TO THE REQ UEST OF KSL RECREA TION CORPORA TION TO FURTHER DEVELOP THE UNSIGHTLY MOBILE OFFICE COMPLEX L OCA TED IN THE MIDDLE OF THE PGA DEVELOPMENT. ITEM. SITE DEVELOPMENT PERMIT 99-651 APPLICANT. KSL RECREA TION CORPORA TION LOCATION: ON THE EAST SIDE OF PGA BOULEVARD APPROXIMATELY 4,500 FEET SO UTII OF A VENUE 54 (55-900 TIIR U 55-940 PGA BLVD.) REQUEST. APPROVAL TO RELOCATE EXISTING CORPORATE OFFICE MOD ULAR UNITS FROM THE SO UTHERN TERMINUS OF PGA BOULEVARD TO A FOUR ACRE SITE INCLUDING LANDSCAPING DEVELOPED WITH EXISTING INTERIM USES IN THE TOURIST COMMERCIAL DISTRICT PURSUANT TO SPECIFIC PLAN 83-002 (PGA WEST) LEGAL: PORTION OFASSESSOR'S PARCEL NUMBER 769-730-001 WITHIN THE PAST FEW MON77IS I, ALONG WITH OTHERS, HA VE HAD SEVERAL DISCUSSIONS WITH LARRY LICHLITER OF KSL, CHRISTINE DI LORIO, AND OTHERS A T TIIE CI TY OF LA Q UINTA. T II ESE CONVERSA TIONS DEMONSTRATE O UR CONCERNS 1 VI TH KSL T EMPORAR Y MOD ULAR OFFICE COMPLEX. (ATTACHED HE, IS A COPY OF CORRESPONDENCE WITH THE CITY OF LAQUINTA.) DURING THESE DISCUSSIONS IT WAS FOUND THA T KSL HAD VIOLA TED SEVERAL PROVISIONS ASSET FORTH BY THE CITY.. AT THAT TIMEALL �' 000013 -uv MAY 11, 1999 PAGIi 2 B UILDINGS WERE DIFFERENT COLORS, TRASH AND R UBBISH PILES WERE STACKED IN SEVERAL AREAS, A LARGE MONTECICO SIGN WAS ATTACHED TO ONE OF THE BUILDINGS IN VIOLATION OF CITY CODE. ONE LARGE TRAILER, WHICH HAD BEEN PART OF THE COMPLEX FOR SOMETIME WAS NOT PROPERLY AUTHORIZED. THIS TRAILER HAS BEEN REMOVED. THERE STILL REMAINS SEVERAL OLD STORAGE TRAILERS WHICH HAVE BEEN ON SITE FOR MANY MONTHS. SHOULD PERMITS BE REQUIRED FOR THESE STORAGE TRAILERS? HISTORY. I PURCHASED OUR HOME AT 55-555 PEBBLE BEACII (DIRECTL YA CROSS FROM THE MOBILE OFFICE PROJECT) IN JANUARY OF 1987. AT THAT TIME, IN RESPONSE TO MY CONCERNS OF THE TEMPORARY BUILDINGS, I WAS TOLD THE TEMPORARY PRO SHOP/OFFICE STRUCTURES WERE BEING USED BY LANDMARK CORPORATION, WERE TEMPORARY, AND WOULD BE REMOVED WHEN THE RESORT CL UBHO USE WAS COMPLETED. I RELIED ON THESE STATEMENTS WHEN WE MADE THE SUBSTANTIAL PURCHASE OF OUR HOME. THE 20 CUSTOM LOTS ON PEBBLE BEACII WERE SOLD AS THE PREMIER PROPERTIES OF THE ENTIRE PGA WEST PROJECT. THE MOST EXPENSIVE HOMES IN PGA WERE CONSTRUCTED ON THESE LOTS. THESE LOTS AND HOMES WERE PROMOTED AS HA PING THE MOST SPECTACULAR VIEWS IN PGA WEST. THIS IS TRUE THE VIEWSACROSS #10 & #18 OF THE STADIUM COURSEAND ON TO THE MOUNTAINS ARE SPE, CTACULAR. HOWEVER, THE TEMPORARY STRUCTURES ARE NOTAND NEARLYALL OF THESE PREMIUM PROPERTIES ARE SUBJECT TO THE UNSIGHTLY MOBILE TRAILER HEADQUARTERS OFKSL. IT SHOULD BE OF INTEREST TO THE CITYAND KSL THAT NEARLY40 % OF THESE HOMES ARE PRE SENTL Y ON THE, MARKET AT DISCOUNT PRICES IN COMPARISON TO OTHER COUNTRY CLUBS IN THE VALLEY. OUR HOME HAS BEEN ON THE MARKET FOR NEARLY 2 YEARS. WE HAVE HAD SEVERAL POTENTIAL BUYERS AND REAL ESTATE MARKETING AGENTS VOICE THEIR CONCERNS OF THESE UNSI GHTL Y TEMPORARY BUILDINGS IN DIRECT VIEWW, WHY IS KSL WANTING TO MO VE THE TEMPORAR Y B UILDINGS FROM THE PRESENT LOCATION NEAR THE RESORT CLUBHOUSE? THEANSWER IS, KSL IS DEVELOPING THE AREA WITH HOME SITES AND THE VALUE OF THE PROPERTIES WILL BE GREATLY ENIIANCED BY THE REMOVAL OF THE TEMPORARYBUILDINGS. HOMEOWNER DO NOT WANT THEIR VIEWS RESTRICTED B Y TEMPORA R Y STR UCT URES. THE HOMEOWNERS ON PEBBLE BEACH HAVE THE SAME CONCERNS, WE WILL NOT A CCEPT MORE TEMPORARY B UILDINGS AND WE WOULD LIKE THE EXISTING BUILDINGS REMOVED AND IF REQUIRED WILL PURSUE THESE ISSUE IN THE COURTS. 000014 MAY 11, 1999 PAGE 3 COMMENTS: I HA VE REVIEWED THE PLANNING COMMISSION STAFF REPORT DATED APRIL 29, 1999. SEVERAL ISSUES OF THE, REPORT SHOULD BE CHALLENGED. L PUBLIC HEARING NOTICE: I UNDERSTAND THIS CASE WAS ADVERTISED IN THE DESERT SUN NEWSPAPER ONAPRIL 28, 1999 AND I SEE ALL PROPERTY OWNERS WITHIN 500 FEET OF THE SITE WERE NOTIFIED. FIRST THE ADVERTISED NOTICE IN THE PAPER IS VE R Y INADEQ UA TE AS MOST HOMEOWNERS WOULD NOT SEE THIS NOTICE AS IT IS OFF SEASON AND MOST OWNERS ARE OUT OF TOWNN, SECOND THE FACT THE CITY NOTIFIED RESIDENTS WITHIN 500 FT OF THE SITE WOULD RESULT IN LESS THAN 5 RESIDENTS OF THE ENTIRE PGA WEST COMMUNITY BEING NOTIFIED. THIS IS A VER Y IMPOR TANT DECISION AND HAS POSSIBLE NEGATIVE EFFECTS ON MANY RESIDENTS, BOTH IN LIFESTYLE AND HOME VALUES. ALL PGA WEST RESIDENTS SHOULD BE PROPERLYNOTIFIED. 2. STAFF REPOR TED NO COMMENTS HA VE BEEN RECEIVED. I REQUEST YOU REVIEW THEATTACHED CORRESPONDENCE WITH THE, CITYSTATING OUR CONCERNS WITH THE KSL TEMPORAR Y OFFI CES. I DIRECT YOUR ATTENTION TO THE FINAL PARAGRAPH WHICHISAS FOLLOWS: At this time we request the City of La Quinta to consider our dismay in having our views disrupted with the unsightly trailer parking and the depreciation in monetary values of our properties because of the lack of consideration of KSL Developrnezzt Corporation. We request the present permits on these trailers will not be renewed and/or extended, and the trailers be removed as soon as possible. THIS LETTER IS SIGNED BY 10 CONCERNED RESIDENTS ON PEBBLE BEACHAND SHOULD HAVE BEEN CONSIDERED BY STAFF. I WOULD THINK THIS LETTER SHOULD HAVE BEEN PART OF THE STAFF REPORT. THIS CORRESPONDENCE IS DEFINITELYAGAINST FURTHER DEVELOPEME,NT OF THE TEMPORARY OFFICES ON THIS LOCATION. 3. IN 1985 A ZONING FOR TEMPORARY STRUCTURES WAS ALLOWED ON THIS PROPERTY. AT THAT TIME THERE WAS NO GOLF COURSE, NO CLUB HOUSES, NO PRIVATE HOj11ES, NO PGA iVESTAS IT IS TODAY. THE, CITY WAS CORRECT IN THE GRANTING OF THAT ZONING, HOWEVER, THIS IS 1999 SOME 14 YEARS LATER AND I T IS WRONG TO CONTINUE TO ALLOW TEMPORA R Y ZONING ON THIS PROPERTY. WHA T IS THE DEFINITION OF TEMPORARY. IT SHO ULD NOT BE FOREVER... THE PGA WEST CCR's MAKES REFERENCE TO TEMPORAR Y STR UCTURES IN SECTION 6. 5.: NO STRUCTURE OF A TEMPORARY CHARACTER, TRAILER, BASEMENT, TENT, SHACK, GARAGE, BARA , OR OTHER OUT -BUILDINGS SHALL BE ERECTED, MAINTAINED OR USED WITHIN THE PROPERTY. NO TRAILER, CAMPER, RECREA TIONAL VEHICLE, BOA T, TR UCK OR SIMILAR EQ UIPMENT 00001 MA Y II, 1999 PAGE 4 SHALL BE PERMITTED TO REMAIN WITHIN THE, PROPERTY UNLESS PLACED OR MAINTAINED WITHIN AN ENCLOSED GARAGE OR IN AN APPROPRIATE AREA APPROVED INADVANCE, BY THE BOARD. NOTWITIISTANDING THE FOREGOING, DECLARANT SHALL HA VE THE RIGHT TO CONSTRUCT AND USE TEMPORARYSTRUCTURES. TRAILERS, OR SIMILAR EQUIPMENT WITHIN THE PROPERTY IN CONNECTION WITH ITS CONSTRUCTIONAND SALES PROGRAM PROVIDED. THAT IN EXERCISING SUCH RIGHT, DECLARANT SHALL NOT UNREASONA BL Y INTERFERE WITH ANY OWNER'S USE OF THE COMMON AREA OR THE PGA WEST ASSOCIATION PROPERTY. (EMPHASIS ADDED) THEABOVEALLOWS TEMPORARY TRAILERS/BUILDING ONLYFOR CONSTRUCTION AND SALES PROGRAMS. KSL IS IN VIOLATION OF THEABOVE AS THEYARE USING THE TEMPORARY TRAILERS AS GENERAL OFFICE SPACE, INCLUDING MANY FUNCTIONS OUTSIDE THE ORIGINAL INTENT OF THE CCR'S. FURTHERMORE, THE DECLARANT IS UNREASONABLYINTERFERING WITH OWNER'S USE OF C0111111ONAREA BY NE GA TIVE L Y IMPACTING OUR VIEWS AND PROPERTY VA UES. 4. IN THE BA CKGR O UND SECTION OF THE STAFF REPOR T THE TEMP ORAR Y FENCING WITH GREEN MESH ON PGA BO ULEVARD WAS MENTIONED. AGAIN WITH KSL EVERYTHING IS TEMPORARY. WE SHOULD ALL TAKE NOTE, AS YOU DRIVE DOWN PGA BOULEVARD. WE SEE BLOCIf AND STUCCO WALLS AND BEAUTIFUL LANDSCAPING UNTIL YOU GET TO THE UNSIGHTLY TEMPORARY GREEN FENCE WITH WEED LANDSCAPING PROVIDED BY KSL. I WOULD REQUEST THE CITY TO REVIEW THE FACT THAT ALL OF PGA WEST AMENITIES WHICHARE PAID FOR BY THE GOLF CLUB MEMBERSHIPAND THE HOMEOWNERSARE FIRST CLASSAND WELL MAINTAINED. HOWEVER, ANYTHING KSL IS RESPONSIBLE FOR IS T EMPORARYAND POORLY MAINTAINED. EXAMPLES: THE TEMPORARY MOBILE HOME STRUCTURES, THE TEMPORARY FENCE AND LANDSCAPING BETWEEN THE PRIVATE CLUBHOUSE AND THE RESOR T CL VBHO USE, THE LA CK OF FENCING AND THE AB UNDANCE OF WEEDS AND TRASH ALONG PORTIONS OF THE NICKLA US RESORT AND THE WEISKOFF COARSE. (VERY UNSIGHTLYAND A NEGATIVE TO PROPERTY VAL UES AT PGA.) GRANTING OF THIS KSL PROPOSAL TO CONTINUE (POSSIBL Y FOREVER) THE USE OF THE TEMPORARY BUILDINGS IS NOT RIGHT. IT IS THE CITY'S REPONSIBILITY TO PROPERLYNOTIFY ALL HOME OWNERS OFPGA WEST OF THE PROPOSAL OF KSL. THE, CITY'S DECISION HAS A MAJOR FINANCL4L IMPACT ON PGA REAL ESTATE VALUES. 00001f) MAY 11, 1999 PAGE S THERE AREAL TERNA TI VES: I WOULD SUGGEST TO THE CITY THERE AREAL TERNATIVES TO THE REQUEST OF KSL. 1. KSL COULD CONSTR UCT A CLASS A OFFICE BUILDING FOR THEIR USE AT THE PRESENT LOCATION. I WOULD NOT OPPOSE SUCHA BUILDING. OTHER COMPANIES IN THE VALLEY HAVE PERMANENT OFFICE BUILDINGS, WHY SHOULD KSL BE ALLOWED TO HAVE TE, MPORA R Y OFFICE B UILDINGS7 IF KSL CAN ONL Y AFFORD A SUBSTANDARD TEMPORARY OFFICE STRUCTURE IT SURELYSHOULD NOT BEALLOWED IN THE, CENTER OF THE, PGA WEST PROJECT AND INSIGHT OFALL MEMBERS AND GUESTS USING THE PRIVATE CL UBHO USE, THE RESORT CL UBHO USE, TRAFFIC USING PGA WEST BLVD., ALL HOME OWNERS, MY NEIGHBORS, AND MYSELF. 2. A GAIN, IF KSL MUST OPERA TE FROM A MOBILE PROJECT IT SHOULD NOT BE ALLOWED TO BE IN THE CENTER OF THE PGA WEST PROJECT. THE, CITYSHOULD REQUIRE KSL TO MOVE THE MOBILE I'ROJECT LOCATIONSEVERAL HUNDRED YARDS WEST OF JEFFERSONAVE. ON 54TIL KSL OWNS THE PROPERTYAND CONSIDERING THE PRESENT REQUEST TO RELOCATE, A SUBSTANTIAL NUMBER OF TRAILERS THE TIMING COULD NOT BE BETTER. THE CITY OF LA QUINTA SHOULD NOT ALLOW KSL TO CONTINUE THEIR PRESENT B USINESS CONDUCT INA MANNER WHICH DEMONSTRATES A LACK OF CONSIDERATIONAND HAS A NEGAT] VE IMPACT ON PRESENT PROPERTY OWNERS AND PGA MEMBERS. I RESPECTIVEL Y REQ UEST THE APPLICA TION OF KSL RECREATION` CORPORA TION BE DENIED AND FURTHER STEPS BE MADE BY THE CITY TO ELIMINATE THE PRESENT SITUATION. THANK YOU. C. MAR VIN MA Y 55-555 PEBBLE BEA CH , LA QUINTA, CA. 92253 MAIL CORRESPONDENCE TO: PO BOX 9039, SALEM, OR. 97305 HAND DELIVERED B Y A R T BRA NDT. '_. ► 00001 n May 10, 1999 To: CITY OF LA QUINTA PLANNING COMMISSION The following list of custom home owners located on Pebble Beach support the points of opposition and recommendations made by Marvin May in his letter to the City of La Quinta Planning Commission to reject K.S.L.'s request to further develop the temporary office complex on P.G.A. Blvd. Charles and Patricia Hathaway 55-405 Pebble Beach Charlene and Dr. Alexander Korn 55-455 Pebble Beach Arthur and Mardell Brandt 55-605 Pebble Beach James and Gail Young 55-505 Pebble Beach Charles (Bud) and Nancy Wehrly 55-655 Pebble Beach Wm. and Lorraine McCune 55-695 Pebble Beach Loni and Dr. Richard Guenther 55-725 Pebble Beach Stanford and Suzanne Leland 55-705 Pebble Beach Joseph and Jackie Newman 55-840 Pebble Beach Ronald and Linda Russell 55-900 Pebble Beach F. Beach and Lori Leighton 55-970 Pebble Beach Jerry and Marilyn Wilson 88-201 Pebble Beach Marvin and Charlotte May 55-555 Peble Beach Prepared by Arthur E. Brandt 000018 W ■U ATTACHMENT 2 Z L%. :J �U v � f a 1� 010 T T m" n n n n n n n " n n n n rT 'n n il ATTACHMENT 3 KSL CORPORATE OFFICE tl 1 4 0P4, 1 Planning Commission Minutes May 11, 1999 ATTACHMENT 4 2. There beinj05 questions of staff, Chairman Tyler&4Eed if the applicant would 1' to address the Commission. Mr. D tark, representing the appli s, stated the purpose of the request. 3. airman Tyler asked if the applic had any problem with staffs recommendation. Mr. Stark stated had no objection. Chairman Tyler stated he hated to see the deletio the landscaping on the east side. Mr. Stark stated the manufacturers not want to hide the vehicles behind trees and bushes and they were t g to meet their demands. 4. Chairman Tyler asked ' yone else would like to speak on this item. There being no further p is comment, the public participation portion of the hearing was clos and opened to Commission discussion. 5. Commissio Abels stated the landscaping along Highwa 11 should remain a proved by the City Council to conform with ighway 111 Desi1z uidelines. 6. being no further discussion, it was ed and seconded by Kirk/Robbins to adopt Plannin ommission Resolution 99- /Or-n�lissioners 4 recommending to the City Council appr of Site Development Permit Amendment #2, subject to the Findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. F. Site Development Permit 99-651; a request of KSL Recreation Corporation for approval to relocate existing corporate office modular units from the southern VV terminus of PGA Boulevard to a four acre site developed with existing interim uses in the Tourist Commercial District pursuant to Specific Plan 83-002. Chairman Tyler 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. 2. There being no questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL Recreation Corporation, state the purpose of their application. He then questioned Condition #8 and stated the Fire Department had agreed to remove. CAMy Documents\WPDOCS\PC5-11-99.wpd 14 .. i' i 0 0 0 0111-) _1 Planning Commission Minutes May 1 l , 1999 3. Commissioner Robbins asked the applicant to identify what the purpose of the building. Mr. Haag indicated the uses on the map. 4. Chairman Tyler asked if anyone else would like to speak on this item. 5. Ms. Kelly McGalliard, representing PGA West Residential Association, stated her confusion as to the uses reported by Mr. Haag as being interim as no specific time period has been identified. The Association is asking that a time period be identified as the proposed uses are not compatible and there are alternate sites that could be used. The removal will enhance the surrounding area, but the relocation and addition would not. 6. Commissioner Kirk asked Ms. McGalliard what she was asking for was the definition of interim only. Ms. McGalliard stated their ultimate goal is to have the Commission deny the project, and if not, at least define how long temporary would be. Commissioner Kirk asked what time limit they want. Ms. McGalliard stated they were given a year on their request and an evaluation after that. 7. Mr. Arthur Brant 55-605 Pebble Beach, stated he was there to verify that the surrounding neighbors objected to this application and also asked that Mr. May's letter be included with their objections. When he purchased his home they were told that as soon as the resort clubhouse was built the modular units would be removed. They are not going away, but rather growing in numbers. Their view is of the mountains and the temporary buildings, can be seen. In addition, existing the sales building is up for review and they are voicing an objecting to its use as well. The private clubhouse looks directly down on these units. None of the other clubs in the Valley have this type of use for their offices. 8. Commissioner Kirk asked Mr. Brandt about the letter dated February, 1999. Mr. Brandt stated this was the letter of objection to the sales office for Montecito. 9. Mr. Charles Hathaway, 55-405 Pebble Beach, stated he had lived here for quite a while, and asked staff if they had looked at this site from Pebble Beach. He would hope that the Commission/staff would look at the site and determine the impact these trailers would have on the area. There is no indication that the screen presently surrounding the use would be moved, or removed. Generally "temporary" means less than permanent and Mr. Haag 000O� , C:\My Documents\WPDOCS\PC5-1 1-99.Wpd 15 Planning Commission Minutes May 11, 1999 has indicated this use will lead into something else. The plan submitted by the applicant is not complete as the applicant has indicated the layout will change. How many additional temporary buildings will be moved onto the site in the future, or temporary containers as are now existing. He would ask the Planning Commission to deny this application and require the applicant to relocate to the southeast corner of Jefferson Street and 54th Avenue, at the entrance to PGA West as this would not infringe on any ones view. 10. Dr. Alexander Korn, Pebble Beach, stated he agrees with what has been said and there are alternative sites. He was unable to paint his house grey, or place awnings on his house, therefore, why should they be allowed to make exceptions. 11. Mr. Larry Lichliter, 55-920 PGA Boulevard, KSL, appreciates what has been said and he agrees there are better solutions, but there is an issue of timing. Sometimes you can be oblivious to the impact on the adjacent homeowners. They met with the homeowners and tried to address and clean up the area to meet the concerns of the homeowners. What they are requesting will not impact the existing homeowners. What is there is impacting them. They do recognize the need to move due to the impact on the homeowners, but they need to make this move at some reasonable point in time. The potential alternative locations do exist, but are not viable due to the time factor and need to move now. 12. Chairman Tyler asked if Mr. Lighliter if he didn't agree that this was not architecturally compatible. He also asked for the definition of temporary. Mr. Lichliter stated there is a need for temporary facilities to get through the whole phase of construction. There is no definitive definition of temporary. 13. There being no further public comment, the public participation portion of the hearing was closed and opened to Commission discussion. 14. Commissioner Abets asked if a time frame of two to three years would be acceptable. KSL has been cooperative with the City and there have not been any issues and he would think that the issues between the HOA and KSL could be worked out in a time period that is agreeable to both. 15. Chairman Tyler stated the proposed use is legal in this zone. The issue is how long is temporary. What opportunities does the Commission have? City Attorney Dawn Honeywell indicated it is reasonable to state a time in consideration of what the purpose is. There are no specifics that guide this in the current Specific Plan. +' 0000^3 C:AMy Documents\WPDOCS\PC5-11-99.wpd 16 Planning Commission Minutes May 11, 1999 16. Commissioner Robbins stated he thought KSL had made a good effort to hide what is there. If the Commission wanted to they could retroactively condition the exiting buildings to a time frame. City Attorney Dawn Honeywell stated the Commission could. The Specific Plan is a legal document and the City Council could direct staff to bring it back and place specific time frames on it. Short of doing that, the Commission could place some time issues on it. 17. Commissioner Abels stated that if the Commission approved or denied the request, the applicant, or the other parties could appeal the decision. 18. Commissioner Kirk stated that in an effort to reach a compromise, they should define temporary as two years, but within one year KSL should file a progress report with an alternative site offered. 19. Commissioner Robbins stated he concurred, but he would have to state that this use is better than a 1,000 room hotel. 20. Commissioner Abels suggested three years and a review in two years. 21. There being no further discussion, it was moved and seconded by Commissioner Kirk/Robbins to adopt Planning Commission Resolution 99- 045 recommending to the City Council approval of Site Development Permit 99-651, subject to the Findings and Conditions of Approval as modified: a. Condition #18: time limit for three years with a progress report at the end of two years for all the temporary uses proposed and the existing at the site. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. VII. BUSINESS ITEMS: A. Master Design Guidelines 99-003; a request of Lenc gn Group for La Quinta Partners/William Ro for approval o new p totype residences and landscaping plans f different lots i ove area. 1. Chairm Tyler a for the staff report. incipal Planner Stan Sawa presen d the* ation contained in the sta report, a copy of which is on file in munity Development Depart nt. CAMy Documents\WPD0CS\PC5-11-99.wpd 17 ATTACHMENT 5 Architectural & Landscape Review Committee May 5, 1999 C. Site Development Permit 99-651; a request of KSL Recreation Corporation for approval of landscaping plans for temporary corporate office modular units.. 1. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt asked if the existing trailers were being moved to the new location. Ms. Cindy Zamora, representing KSL Recreation Corporation, stated they would move as many as possible. 3. Committee Member Bobbitt asked what color the modular units would be painted. Ms. Zamora stated the same grey and blue as before. 4. Committee Member Cunningham asked if there were any problems with the Fire Department. Ms. Zamora stated no. They have met with them to see that all their concerns are Met. 5. Committee Member Cunningham asked if any issues had been raised by the HOA. Ms. Zamora stated none to her knowledge. Staff stated the applicant had been required to add landscaping to address concerns that had been brought to staff. 6. Committee Member Bobbitt informed the applicant that the existing water is a single supply that comes from PGA Boulevard and can go down because of what is happening on the other line. 7. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 99-013, recommending approval of Site Development Permit 99-651 as submitted. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None V. COMMITTEE MEMBER ITEMS: None VI. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunningham/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Committee to the next regular meeting to be held on .Tune 2, 1999. This meeting was adjourned at 10:54 a.m. on May 5, 1999. Respectfully submitted, f- �,-- B T�Y/J. AW VE , Executive Secretary 9i ? f ' City'af-�a Quinta, California 11,., 11 1 ...,.,1.,-,.1„ 1..,,. 1 - -- I A November 19, 1998 Ms. Cynthia Zamorez, Director of Land Management KSL Development Corporation 55-920 PGA Boulevard La Quinta, California 92253 SUBJECT: MINOR USE PERMIT 98-102 Dear Ms. Zamorez: The Community Development Department has approved your request to establish a temporary sales trailer (12' wide by 40' long) at 55-960 PGA Boul - -ird for Mr. Roger C. Hobbs, subject to the following conditions: 1. Obtain a building I 2. Mounted on the ex providing emergency problems arise that n, 3. Install one 2A1 OBC fi permit for temporary power. the front door shall be a written notice aency phone number they can call in case minimum 1" high letters). _.,6uisher inside the trailer by the front exit door. 4. Removal of the temporary construction trailer is required on May 19, 1999, unless a time extension is applied for and granted by this Department. The Community Development Director may extend the permit for another six-month period if construction activities are still occurring. No fee is charged to extend this permit. 5. Trailer skirting shall be installed within 30 days. 6. The City may elect to add Conditions to this application request to mitigate any problems that arise not previously addressed herein. This decision may be appealed to the Planning Commission provided the necessary paperwork and filing fee of $175.00 are filed with this office within 15 days. MUP98-102 - 28 Christine di lorio CITY OF LA Q UINTA P. O. Box 1504 La Quinta, Ca., 92253 RE. Minor use permit 98-102 and others Dear Christine: We appreciated your time and interest in discussing the problems of the KSL temporary buildings on the PGA Stadium Golf Course. As discussed these are very unattractive from the golf course and a real eyesore for the residents on Pebble Beach. (10th fairway) We have gone to a great amount of expense to make our homes attractive, and have been patient with the temporary buildings. We have been told in the past this is a temporary condition and these structures would soon be removed. However, it seems just the opposite is happening. With the addition of the most recent building (Montecito) there are now 5 temporary buildings for its to look at. The Montecito building is placed on the highest point of the crown of the small hill. If there is truly a need for this building it could have and should have been placed lower on the back side of the hill nearer to the parking lot. We have visited with Mr. Lichliter, President, K.S.L. Development Corporation, and shared our concerns with him. He has agreed to paint the two larger units the same color and add landscaping on the golf course side. He also agreed to move the most northern temporary trailer, which has no skirting, lower into the parking lot and out of sight. Mr. Lichliter also advised us he is working on relocating Montecito into another facility; thereby eliminating the need for the Montecito trailer entirely. Hopefully, the above will occur sooner than later. At this time we request the City of La Quinta to consider our dismay in having our views disrupted with the unsightly trailer parking and the depreciation in monetary values of our properties because of the lack of consideration of KSL Development Corporation. We request the present permits on these trailers will not be renewed and/or extended, and the trailers be removed as soon as possible. Please advise. Yours truly, Marvin & Charlie May Charles & Patricia Hathaway T i & Gail Young Artar ell r�anIt ' Dr. nder & Charlene Korn on &Linda Rus Charles 4 Nqney-Wehry Willi & ie Mc ne tag Suzanne L a $CC. h Jac Newmar. rd & Lani Guenther F. each & Lon' Leighton Larry Lichliter PGA Homeowner Assn. Reply to: Authur Brandt, 55605 Pebble Beach, La Quinta, CA. 92253. Phone 760-771-3600 and/or Marvin May, P.O. Box 9039, Salem, OR. 97305. Phone 1-800-627-8629 l v t ) May 27, 1999 Members of the City Council City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 SUBJECT: Site Development Permit 99-651 To the Members of the City Council: I am the owner of the residence at 55-750 Pebble Beach located within PGA West. Prior to owning this residence, I owned a condo for two years at 55-782 Oak Tree. This is the first condo immediately to the North of the "temporary" modular offices which are the subject of this permit appeal. I would like to urge you to not uphold this permit approval by the Planning Commission. These "temporary" offices have been on the present location ever since I have been visiting PGA West, which has been since 1987. I do not consider that "temporary"! The structures are unsightly and are not a favorable representation or impression of our community. The homeowners of this community would never be allowed such irresponsibility! Why should KSL be able to violate community architectural standards? They shouldn't. There are other more discrete sites available to KSL for these modules. Please deny this permit or table any action until the fall when a greater PGA community representation can provide input on the matter. Sincerely, S nford elan Resident, 55750 Pebble Beach La Quinta, Ca. 92253 FROM : PUF PGA WEST PHONE N0. : 7607711235 Jun. 01 1999 09:24AN P1 ©M June 1, 1999 N m+bar of Orlishfift 0"W The City Council Cite"of La Quinta, California N Paul V. Fahey Do' Name -- �.. �.r.........�..�.,l,. C=PWY , PaiC (760) 7715125 �g1�pltflCi C*MpW Home owner, PGA West La Quinta TgWhww (760) 771 1235 RE: PGA West Homeowners Appeal of Planning Commission Decision Members of the La Quinta City Council must put an end to helping KSL end -run the PGA West Homeowners Association at the expense of the home- owners. By scheduling controversial votes on KSL projects sent to the city for approval during the "off-season" for the PGA West membership, KSL knows that some 80% of its homeowners will not know of the proposal. Thats',right. the vast majority of members reside here primarily during the period late November to May. When you permit KSL to submit its proposals during the summer months when the membership is not here, you are acting unfairly against the expressed wishes of the majority of the PGA West members. It is high time for you to stop this unfair practice and to represent the best interests of those homeowners who choose to spend their tax dollars and give their financial support to La Quinta. Acceptable alternatives: I. Require KSL to get the approval of the membership by mail before the city hears the proposal* This would carry out your responsibility to protect the interests of all La Quinta residents. 2. If KSL does not want to do this, then require KSL to submit major proposals during "the season" when the full membership is present. 3. If KSL does not want to do either 1 or 2, then require them to obtain the approval of the PGA West Homeowners Association. Its officers were duly elected by the homeowners to represent them! Paul V. Fahey 80-456 Pebble Beach Drive La Quinta, CA (PGA West) 05/28/1999 11:44 7607713508 SUE BULGRIN PAGE 01 Sue & Jim Bulgrin Friday, May 28, 1999 Mayor and Council Members City of La Quinta La Quinta, CA 92253 Re: Case No. SDP 99-651 June 1, 11i9A Hearing Item 1. Dear Mayor and Council Members: I am Jim Bulgrin and I live at 54-051 Southern Hills in La Quinta. I am a member of the La Quinta Investment Advisory Board and a member of the Board of Directors of the PGA West Residential Association. The purpose of this letter is to state opposition for the approval for KSL Recreation Corp., a California unit of Kohlberg Kravis Roberts & Co. of New York, to relocate existing corporate office modular units from the southern termihus of PGA Boulevard to a four acre site including landscaping developed with existing interim uses in the tourist commercial district pursuant to the specific plan 83- 002 (PGA West). I oppose the request for the following seasons: 1. Letting a corporatlott like Kohlberg Kravis Roberts & Co. of New York continue to operate their KSL offices from modular units (approximately 20;) in the middle of a residential development is unbelievable. It is an eyesore. It won't help KKR's KSL's builders sell homes. We know the site is keeping our property valueslower than they should be. 2. KKR's KSL seems to always ask for big changes when most of the PGA West residents have left for the summer. They did specific plan 83-002 in August of 1997 and the hotel grew to 1,000 rooms and 55 feet. I do not think most of the residents at PGA West had an idea this happened to them and could influent;e the action. KKR's KSL knew they had a problem with the modular offices during the season. They could have notified PGA West residents during the season. 3. KKR's KSL has poor relations with PGA West residents. The Polo field Issue last year is one incident. Now their- new homeowners association is in conflict with the other associations at PGA West and is denied tree use of the prior associations streets (Reciprocal Easement Agreements). 4. What about the big'storage containers that are on the site in violation of City Codes? 5 KKR ran afford proper offices. You should make them do it properly. An alternative site is the old Sunrise Clustomer Service Center that has hook ups and is off property. Sincerely, l't imBulgrin cc PGA West ResiAssociation Arthur E. Brandt 54-051 South rn Hills, (PGA West), La Quinta, CA 92253 (760) 771-2551, Fax 771-3508, Email suebulgrin@aol-com 05/2e/1999 11:44 7GO7713502 SUE BULGRIN PAGE 02 ��? r. ,vi tawl 6' P S 77. y 814 THE WALLi. M JOURNAL THURSDiri, MAY, 2r, 19$S Legendary Resort Is for Sak- us Suitors By S.Aa>t W KEtt turpn.�c�on�s t'eQe�lpesting comment. 'l'r rJ'N. WAI 3TRiBT JOUANAJ. Howtokv"afthenation'smost spec- t'ebble Beach, perha the vwld's most tacular golf scenery, Pebble Beach has at - famous golf resort, in play. tractedastring ofpotential b;Wetsover the Just dine yeam after ts:record.setting years. It also prooeptect one of tl» biggest sale to a ,;apanese 1xion rfor $841 million, real-estate debacles td iris fteaft, when the cragg)• oceanslde rt property near Japanese developer Mime Isutani paid Monterey. Calif.,, e:again, and. >mMilliorif <'t0 .pµt.tgl{ed' II could change h4 " 0; kec kling to in his ttteniK-td Okiti edY lifts a pr-ople fan War with, tow. s bWUHM pf'tvale c w.. Was #Itl0410.OVA OVA It 17 dealings. "' _ ? . Win to viontlt 1 h IP ft An official ct tttlt;l�e la�vner, Lone' Lone gyp se:; ;-' dry' tolf=. Cypresn Co., detitaetLt 'ct, But In- toum o�I fie..,�d .tnatich, dusiry insider!! inptiy as five ar groups --with woms;ed names —have Sumitomo 4'edit,'t'`'i,1d•,..botls of considered porch he seaside prop- Japan. ' erty. which includ" hotels and four An$bests> ;tliatrgdpsaitenil7,esel►as courses tlJat cammaad much as Xi00 for been .a genet3l: ''theq� a round of Kolf. businessthatthe 11nss4farsale,bR "This could be. the first billion dollar that intetist baePpiup:frdcxnily. Al- plf resort," Baldne, head of Mead- thoto sutra that the 1990 owbrook Golf, s Fttoorl , golf -course owner sale yttice trna 9nfEdiO. tw say the iLnd suppiter. "1t '. **on't sell for resoct.has:appreCI*ied Ut slue In recent less than the Jttpea !• he i1t�:'.' yurt doe 1n pa" t0 pMuft` Improve - Ito pelt ta�mhlar with the : •mepis In the5,9oo-acre pmperty and golfs sitwill n. poteptaT+-JW deb .include golf, .:rixim popularity. Its cottt#els.otte of the k!gend Arnold Pat ass 11 as Peter .::country's few legendarygall' courses open Ueberroth, the fo latdoner of ;;10 public play. Major League' , an. alysts say, KSL fp:; a Cal- ifornia unit ol'.. >rls Roberts & Co. of NOW'.,; a e�sidered th. p W.r'ty • .....= r throe ; tt�' ties decltne_-'E ent or d�'.t rl . ; May 31 99 09:35p FRANK BLOOM 760-771-9004 p.1 5/31/99 TO: LA QUINTA CITY COUNCIL 771-5125 FROM: FRANK AND SHEILA BLOOM 56012 PEBBLE BEACH LA QUINTA, CA 92253 GENTLEMEN, THIS MEMO IS TO REGISTER OUR OPPOSITION TO THE PLANS OF KSL TO RELOCATE THEIR OFFICE BUILDINGS TO THE SITE ACROSS FROM THE PGA WEST PRIVATE CLUB HOUSE. THE SITE HAS BEEN ENOUGH OF AN EYESORE FOR MANY YEARS WITH THE TACKY "TEMPORARY" STRUCTURES IN PLACE FROM TIME TO TIME. THE PLAN TO ADD ADDITIONAL STRUCTURES OF THE SAME GENERAL NATURE WILL FURTHER AGGRAVATE AN UNPLEASANT LOOKING SITE THAT RECEIVES MANY NEGATIVE COMMENTS FROM VISITORS TO AN OTHERWISE OUTSTANDING COMMUNITY. IN ADDITIONAL IT WILL CREATE AN EXPANDED EYESORE FOR THOSE HOMEOWNERS WHOSE VIEW IS DIRECTED AT THE SITE. FROM : L&S EISENBERG (619)771-2147 PHONE NO. May. 30 1999 05:0aPM P1 711-2 Iq 7 r oo Ili r. n r r Sent by:PUGLISI May-30-99 08:45Pm from 7607712133-)760 771 5125 Page 1� 1 WE'D LIKE THE FOLLOWING TO GET INTO THE RIGHT HANDS! ICY 4 9' .r-t� „%��'cr t d�E' D' .�- f f Lyf�(f �C'u PLEASE _, PASS To. FROM: Sal Puglisi o�,, eAT: La Quinta, Ca. 92253 Fax: 760-771-2133 Phone: 760-771.-0408 -- - - - -- - - R E f + ��" ----- ---� CITY ERK --77A t c L t\gtS j:: ` - 7 NN it G n\`1 1 �ASo rA Pv�3LC- PE-RSON W-o %li; iF FROII : ART & HORDELL BRAHDT PHCUE NO. : 760 771 --�l? 7 a: c%M/ce4�/eJ) May 27, 1999 Members of the Cit_v Council City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 SUBJECT: Site Development Permit 99 h51 To the Members of the City Council I am the owner of the residence at 55-750 Pebble Beach located within PGA West. Prior to owning this residence, I owned a condo for two year,; at 55-782 Oak Tree. Phis is the first Condo immediately to the North of the "temporary" modular offices which are the suhject of this permit appeal. i would like to urge you to not uphold this permit approval by the Planning Commission. These "temporary" offices have been on the present location ever since T have been visiting PGA West, which has been since; 1997. I do not consider that "temporary"! The structures are unsightly and are not a favorable representation or impression of our community. The homeowners of this conununity would never be allowed such irresponsibility! Why should KSL be able to violute community architectural standards? They shouldn't. There are other morc discrete sites available to KSL for these modules. Please deny this pernrit or table any action until the fall when a greater PGA community representation can provide input on the matter. Sincerely, S ford e Resident, 55750 Pebble Beach La Quinta, Ca. 92253 t � i 05-27-99 12:25 RECEIVED FROM:760 771 5837 P.01 SUE BULGPIPJ PAGE 01 ! { 05i20/1999 11:48 i6t377135E�° � � C�- C� r/ Sue & Jim Bulgrin '99 M1128 PIi 12 � 0 CITY OF LA QUINTA CITY MANAGEWS OFFICE Friday, May 28, 1999 Mayor and Council Members City of La Quinta La Quinta. CA 92253 Re: Case No. SDP 99-651 June 1, 1099 Nearing Item 1. Dear Mayor and Council Members: I am Jim Bulgrin and I live at 54-051 Southern Hills in La Quinta. I am a member of the La Quinta Investment Advisory Board and a member of the Board of Directors of the PGA West Residential Association. The purpose of this letter is to state opposition for the approval for KSL Recreation Corp., a California unit of Kohit,f+ria Kravis Roberts 8, Co. of New York, to relocate existing corporate office modular units from the southern terminus of PGA Boulevard to a four acre site including landscaping developed with existing rilerim uses in the tourist commercial district pursuant to the specific plan 83- 002 (PGA West). I oppose the request for the following reasons- 1. Letting a corporation like Kohlberg Kravis Roberts & Co. of New York continue to operate their KSL office= from modular units (approximately 20+) in the middle of a residential development is unbelievable. It is an eyesore. It won't help KKR's KSL's builders sell homes, We know the site is keeping our property values'lower than they should be. 2, KKR's KSL seems to always ask for big Changes when most of the PGA West residents have left for Ihf� summer. They did specific plan 83-002 in August of 1997 and the hotel grew to 1,000 rooms and 55 feet. I do not think most of the residents at PGA West had an idea this happened to them and could ir,rt,;erice the action. KKR's KSL knew they had a problem with the modular offices during the season T tiey could have notified PGA West residents during the season. 3. KKR's KSL has poor relations with PGA West residents. The Polo field issue Iasi. year is one incident. Now. Ihetr new homeowners association is in conflict with the other associations at iDGA West and is denied the ii;c: of the prior associations streets (Reciprocal Easement Agreements). 4 What about the big storage containers that are on the site in violation of City Codes? 5 KKR r; +n afford proper offices. You should make them do it properly. An alternative site is the old Sunrise Customer Service Center that has hook ups and is off property. S'ncerely. r in West Resi Association Arthur E. Brandt 44-051 Soutbero Hills, (PGA West), La Quints, CA 92253 ('60) �71-2550, Fax 771-3508, Eme11.suebulgrin(a),aoI.com 05/28/1999 11:48 7607713500, SUE BULGPI4 PAGE 012 b { 3 914 FHF; WALT., L15�j...iKryp� ',,., ^QJ-k JtY7 �'?i��1�� �''• �1 y..' -- -. � EFT JOURNAL THURSDA'y, MAY IT, 100 Legendctrjr I Resort <. Is for Sale 4nd Drawing'Famous Suitors Hy SAWN WAWK turn calls requesting comment, W STAMMT Jo V R14AL Horn to a" of ** naUDII'8 most Spec - Pebble Beach. pe0a the world's most tacular golf scenery, Pebble Beach has at- f amous tit>lf resort, is brs in ptay • tracted a string of potential buyers overthe .lust nlne years a a is record -setting years. It also ptro�el one of tits bigpst sale to a .Japanesc ln*ee r for MI million, reai-estate dobacles of the decade, when the rmvvv oceanside rt property near Japanese dMIoper Minoru Isutani pail Monterey. Calif., Is. r � agaln, and 9841 t�t1l1iM DW tea „ , . , tellefl could change halgl 6, Accarding to inbis attemO to 1: Utto a people familiar with,#>M raw's business private club. Wwas to v!e tt up i7 rlr yllnR.S- monft Weir %n ralim to An offNeLl of tttta re Tt's timer, LOate Lane Cypress; nth t1l , 94 by tolf- cvfrress co., declined toPoem irsiders But!n txntrse Opera :.;+ W Inc., end NOW five �niitano t�rp.'9 branch, clustry to as groupb- - : Ah some., names —have Sumitomo Credit Servt& Ltd.. both of considered purchaOAg the seaside prop Japan. t-rcy, which includes hotels and four Analysts laid tliistAM* then %emb." murses that command a t ardth as ON for been a genein-um 09 ,I round ref wolf. business thatIM Wm for We, but -'Thi;, eoold be the first billim-dollar that interest bas up recently. Ai vlf resort ," said 80 8 e, head of Mead- though malty 8 s agree that the 19m lf-course alley say the owbrook Leif, a Fte" owner salepb}tee Nos v�lIM1111 Dd am supplier. "It MU411Y won't sell for resort has appt'eclated in VWW In recent i es5 than he Japanelila p W." years; due in path W 90019 improve• Acrording to peoples Vimillar with the ments in the 5,3aacre pmprrty and golfs potegbuttif3a deminclude golf - -thing popularity. Its comse.is one of the leKi r,d Arnold Palmier, ass l ll as Peter pu ntry's few legendary golf eourses open t'r herrnth, the forts4t stoner of f% publlc play. Major 1--ague Badtt, an alysts gay, KSL P., 8 Cal ifornia unit of Timis Roberts & Co, of New I [} bmidered the property_ lspoltest a* three ftti- ttes declined to nt or diet't rw BEACH LEIGHTON C 55-97() Pcbblc Bcach La Ouinla, California 92253R E C E! V E D (760) 771-3401 199 JUN 1 An 1140 Ci i Y CF LA QU;NTA CITY CLERK May 27, 1999 The Honorable Mayor and City Council P. u. Box i504 La Quinta, California 92253 RE: Site Development Permit #99-651, KSL Recreation Corporation Dear Mr. Mayor and Members of the City Council: I wish to oppose the Planning Commission's decision on the subject permit. The modular units at the site have been an eyesore for some time and detract appreciably from our development at PGA West. To allow these for three more years is incomprehensible unless landscaping would fully protect them from view. Certainly, the best interests of PGA West will not be served by permitting visible modular units. Very truly yours, F. Beach Leighton c&t,, 4 XP Q" COUNCIL/RDA MEETING DATE: June 1, 1999 ITEM TITLE: Public Hearing to Consider an Appeal by PGA WEST Residential, Inc. of the Planning Commission's Decision Approving Site Development Permit 99-647, a Request by Century -Crowell Communities for Four New Prototype Houses Varying From 2,027 to 2,809 Square Feet in Size on Portions of Tract 21846-3 and Tract 24317-1 (PGA West) on the East Side of Tanglewood, Between Arnold Palmer and Firestone, in PGA West. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 2 Adopt a Resolution of the City Council denying the appeal request and upholding the Planning Commission's decision of April 27, 1999, approving Site Development Permit 99-647, subject to conditions. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 12, 1999 the PGA WEST Residential, Inc., the homeowners' association, filed an appeal requesting the City Council deny the Planning Commission's approval of Site Development Permit 99-647, for four new prototype residential condominium plans to be constructed along Tanglewood, between Arnold Palmer and Firestone, in PGA West. The appeal states that "(1) The efficiency of the present system is compromised when Planning Commission approves a request that does not have Homeowner Association acceptance and subsequently either an appeal is filed or it becomes necessary for the Commission to revisit an applicants' plans due to changes necessary to fulfill guidelines set forth by the Association; and, (2) The City apparently has reversed its long standing pattern and practice of requiring pre -approval by the affected Association(s). This practice has been stated by the City Council and prior Planning Commissions. The Association has openly, and with the express knowledge of the City, relied upon this right. Now, without notice or opportunity to object and/or protect the rights of the Association 2000 members, the City has apparently altered this long standing practice." A copy of the appeal is attached (Attachment 1). P:\LESLIE\SDP99-647CenturyAPPEAL.wpd � Planning Commission Action The Planning Commission held a public hearing on March 9, April 13, and April 27, 1999 to consider approval of Site Development Permit 99-647. Testimony was received from adjacent residents and representatives from the PGA WEST Homeowners' Association opposed to the approval until such time as the applicant received approval from their association. The Planning Commission, on a 4-1 vote, adopted Resolution 99-029 approving the four new prototype plans, subject to conditions. A copy of the minutes is attached (Attachment 2). PGA West History PGA West Specific Plan 83-002 (EIR State Clearinghouse #83062922) provides for four 18 hole golf courses, a maximum of 5,000 residential units, a 1,000 room resort hotel and other related resort commercial facilities on approximately 1,665 acres. The land use areas within the Plan are designated for Low Density Residential, Community Commercial, Tourist Commercial and Golf Course Open Space. The Specific Plan zoning for the proposed location of the new condominiums is Specific Plan Residential- 1 which allows attached and detached single family residential uses (Attachment 3). To date, approximately 1,800 dwelling units have been constructed in PGA West by various developers. The size of the constructed and approved units varies from 1,290 to 4,830 square feet, excluding the custom-built houses. Houses are primarily one- story with some two-story units. PGA West offers a blend of Spanish/Mediterranean- style architecture with houses having clay or concrete tile roofing, exterior plaster walls and plaster or wood fascias. Other features used include, but are not limited to arches, shutters, stucco window and door surrounds, and earth tone exterior colors. Project Proposal The developer proposes four new residential prototype plans for 53 future units within Tract 21846-3 (Attachments 4 & 5). The project includes the 53 proposed units and two community pools on Tanglewood. The units may also be built in other areas of PGA West should the applicant purchase additional property. The proposed floor plans vary from 2,027 to 2,809 square feet in size and would be situated on lots not less than 6,500 square feet backing onto golf course fairways. All plans are one-story, with each plan ranging in height with a maximum of 18 feet, excluding the chimney projections. Each plan is laid out with a front entry courtyard. Within each plan, the roof heights vary due to the different roof planes and sizes. The four plans feature two car garages with a golf cart parking bay. Of the 53 units, seven will be Plan 1, fourteen will be Plan 2, fifteen will be Plan 3, and seventeen will be Plan 4. A Mediterranean architectural style is proposed for the project, utilizing exterior plaster walls and concrete and/or clay tile roofing. The color and materials are provided in the application portfolio. Each plan includes three different facades, with building sides and rears being the same within each plan. The material for the garage doors is not specified. A 0 000004. PALES LIE\SDP99-647CenturyAPPEAL..wpd A typical front yard landscaping plan is included in the portfolio. Front yards are to include a minimum of two shade trees, palm trees, and numerous shrubs highlighted by lawn. A varied plant palette is proposed. Vines and ground cover are used to complement the landscaping design. Architecture and Landscaping Review Committee On March 4, 1999, the Architecture and Landscaping Review Committee, on a 2-0 vote, adopted Minute Motion 99-006, approving the architectural design and preliminary landscape plan for this project, subject to the recommended conditions which have been incorporated into the attached Conditions of Approval. Final landscape and irrigation plans will be approved by the Community Development Department. A copy of the minutes is attached (Attachment 6). Public Hearing Notice This appeal case was advertised in the Desert Sun newspaper on May 21, 1999, as well as mailed to all property owners within PGA West, exceeding the requirements established under Sections 9.200.120 (Appeals) and 9.200.1 10 (Public Hearings) of the Zoning Code. Public hearing noticing requirements for this meeting and the previous Planning Commission meetings were completed in compliance with existing City rules and regulations. Agency Comments On May 14, 1999, the applicant's request was sent to affected public agencies for their comments. All pertinent comments received have been incorporated into the Conditions of Approval. Appeal Procedures Section 9.200.120(E)(5) Appeals - Issues to be Considered states: "The Board of Appeals may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at, or before the time the decision making authority took action." Therefore, only those issues raised at the Planning Commission Public Hearing should be considered by the City Council. In addition, the City does not enforce the CC&R's of any residential or commercial development within the City. 000003 PALESLIE\SDP99-647CenturyAPPEAL.wpd FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council denying the appeal request and upholding the Planning Commission's decision of April 27, 1999 to approve Site Development Permit 99-647, subject to conditions; or 2. Approve the appeal request by not approving Site Development Permit 99-647; or 3. Provide staff with alternative direction. Res ectfully submitt d, i Jerry Herman, C8-6�rhunity Clevelopment Director Approved for Submission by: �._. ..� Thomas P. Genovese, City Manager Attachments: 1 . May 12, 1999 Appeal Request 2. March 9, April 13, and April 27, 1999 Planning Commission Minutes (Excerpt) 3. PGA West Map Exhibit 4. Site Plan 5. Application Portfolio 6. March 4, 1999 ALRC Minutes (Excerpt) 000004 PALE SLIE\SDP99-647CenturyAPPEAL.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL REQUEST OF PGA WEST RESIDENTIAL, INC., AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 99-647, FOR FOUR NEW PROTOTYPE HOUSES VARYING FROM 2,027 TO 2,809 SQUARE FEET IN SIZE, LOCATED ALONG TANGLEWOOD, BETWEEN ARNOLD PALMER AND FIRESTONE, IN PGA WEST. CASE NO.: SITE DEVELOPMENT PERMIT 99-647 APPELLANT: PGA WEST RESIDENTIAL, INC. APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 15t day of June, 1999, hold a Public Hearing to consider the appeal petition of PGA WEST Residential, Inc., requesting denial of the Planning Commission's approval of Site Development Permit 99-647 permitting Century -Crowell Communities to construct four new prototype houses varying from 2,027 to 2,809 square feet in size, located along Tanglewood, between Arnold Palmer and Firestone, in PGA West, more particularly described as: Assessor's Parcel No.: Portions of Tract 21846-3 and Tract 24317-1 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of March, and the 13th and 27th days of April, 1999, hold a Public Hearing to consider the request of Century -Crowell Communities to approve four new prototype houses varying from 2,027 to 2,809 square feet in size. The Planning Commission, on a 4-1 vote, approved the request by adoption of Resolution 99-029, subject to conditions; and WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta, California, did on the 4t' day of March, 1999 recommend approval of the four new prototypes and associated landscaping for Century -Crowell Communities, by adoption of Minute Motion 99-006, subject to conditions. WHEREAS, said Site Development Permit has been determined to be exempt from review because the site is located within PGA West (Specific Plan 83- 002). Environmental Impact Report (State Clearinghouse #83062922) was certified by the City Council in 1984 for SP 83-002. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and, - J J 00000 P:\LESLIE\ccresSDP99-647APPEAL.wpd - 33 Resolution 99- Site Development Permit 99-647 - Appeal June 1, 1999 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify approval of said Site Development Permit, pursuant to Section 9.210.010 of the Zoning Code and Specific Plan 83-002: The proposed units are of a compatible architectural design, colors, and materials to the existing units in the tracts. The units utilize similar architectural features such as the roofs, exterior plaster, recessed windows, popout window and door surrounds, and wood fascias. The plans are compatible with the surrounding neighborhood. 2. The proposed landscaping plans will provide a minimum of one 24 inch box size tree in the front yard area. All units will have at least one additional tree and other shrubs and groundcover. 3. No two story residences are proposed, nor are there any existing in the tracts. 4. Masonry walls are proposed between units and will be compatible with existing walls in the tracts. 5. The size range of the existing residences is 1,290 to 4,830 square feet. The proposed units vary from 2,027 to 2,809 square feet. This request is in compliance with compatibility review requirements. 6. The final plot plan will ensure compliance with the requirement that identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; and 2. That it does hereby deny the appeal request by upholding the Planning Commission approval of Site Development Permit 99-647 for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 1 st day of June, 1999 by the following vote, to wit: 00000E P:\LESLIE\ccresSDP99-647APPEAL.wpd - 33 AYES: NOES: ABSENT ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 00000, P:\LESLIE\ccresSDP99-647APPEAL.wpd - 33 CITY COUNCIL RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-647-APPEAL CENTURY-CROWELL COMMUNITIES JUNE 1, 1999 GENERAL CONDITIONS 1. This approval is for four residential prototypes containing 2,027 to 2,809 square feet in habitable floor space. 2. Final front yard landscaping plans shall be submitted for review by the Community Development Department prior to issuance of the first building permit for these units. The plans shall provide for and indicate 24-inch box tree sizes with 1 .5 to 2-inch caliper measuring 10 feet tall from the top of box as per Section 9.60.300 of the Zoning Ordinance. 3. Garage doors shall be constructed of metal, wood, or composite materials and be sectional roll -up style if located less than 25-feet from the front property line pursuant to the requirements of Specific Plan 83-002. Lites are optional. 4. The applicant/developer shall apply for a Minor Use Permit for the model home complex. 5. Lawn areas shall be either hybrid Bermuda (summer) or hybrid Bermuda/Rye (winter) depending on the season planted. All trees shall be double staked to prevent wind damage. 6. Chimney caps shall be decorative. P:\CCCOAsDP99-647appeal. wpd p 000008 rti ,i 4«- 04-28-99 14,41 City of LaQuinta Comm.Dev.DePt ID= 760 777 1233 P.02 � MA'S 2 78495 CALLS TAMPICO — LA QUINTA, CALIFORNIA 92253 - ('61 -7000 FAX (619) 777-7101 APPLICATION FOR APPEAL OF FINDINGS OR CONDITIONS Appellant' s Name 1 wM B� jdxt-i 1�. _Tnr_ Date may 1.2,1999 Mailing Address max 1060. jd_QAULa, CA 92293 54-321 Adi-Su -ANErm, LA Qvzlta, CA 92253 Phone: 1760 771-1234 RE: Case No. SUD99-.647 PAM Type of Appeal: MAY I z 1999 _Conditional Use ftfPa tdoor Advertising Variance y'LAGR3nsistency with General Plan Change of Zone Environmental Assessment Public Use Permit Setback Adjustments Surface Mining & Temporary Use Permit Reclamation Permit Plot Plan Please state basis for appeal and include any supportive evidence. If applicable, indicate the number of the specific condition which is being protested. Vopt •o•• a•��. •; • - b ti • • - .i .i•• ri • .i ti • - ■ • .i •� n•:_� . ■• it r ■ Use additional sheets if necessary. Signature MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 000010 FORM.003/CS ,v .� ATTACHMENT #2 Planning Commission Minutes March 9, 1999 7. Chairman Tyler asked if Meadowbrook does or does not join son Street. Mr. Haag stated Meadowbrook does not. There is aZsimn tabof Winged Foot that extends down and hits Weiskopf and that 'point where the southern gate on the western side of Madison Sir occurs. 8. There being no further discussion with t applicant, Chairman Tyler asked if there was any other public co ent. There being none, the public participation portion of the is hearing was closed and open for Commission discussion. 9. There being no disc ion, it was moved and seconded by Commissioners Butler/Abets to a pt Planning Commission Resolution 99-023 approving Site Develop t Permit 99-646, subject to the Findings and Conditions of Approval recommended. ROLL CA; : AYES: Commissioners Abels, Butler, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. B. Site Development Permit 99-647; a request of Century -Crowell Communities for approval of architectural and landscaping plans for four new prototype residential condominium plans located in Tract 21846-3 and Tract 24317-1 in PGA West. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff Chairman Tyler asked if the applicant would like to address the Commission. Mr. Kent Armstrong, representing Century -Crowell Communities, stated that due to discussions with the Homeowners' Association (HOA) they were adding two pools to the existing pool for a total of three. In addition, they are in the process of purchasing the center peninsula on Riviera at Canterbury for the purpose of constructing the third pool. 3. City Attorney Dawn Honeywell stated that what is before the Commission is architectural review of the residential prototypes for compatibility. The swimming pools are not an issue before the Commission. It is an issue between the developer and HOA. 4. Chairman Tyler asked why the house at the northern -most corner was turned the other way. Mr. Armstrong explained it was to accommodate a house on an irregular lot. Chairman Tyler asked if the access gate was going to stay. Mr. Armstrong stated no, they do not know what will be happen at this location, but they intend to landscape that portion of the land they o a 011 ./ r I bis C:AMy Documents\WPD0CS\PC3-9-99.wpd 3 Planning Commission Minutes March 9, 1999 5. Chairman Tyler asked staff ifthis tract should have the same condition placed on them that was placed on the MSG tract regarding improving the condition of the temporary wall as it is the same wall. Planning Manager Christine di Iorio stated they are all paying their portion of the infrastructure which the wall is a part of. This is an old condominium map, therefore, the payments for this portion are a condition of the condominium map. 6. Ms. Maggie Headrick, 54-655 Riviera, stated she was concerned about the density of the properties both on Riviera and Tanglewood. She understood there would be 54 freestanding homes on Tanglewood and now they are hearing there will be 73 units with a minimum size of 2,000 square feet. She also understood there were to be 19 freestanding homes on Riviera and now she hears there will be 20. This is too many. It will cause overcrowding and not enough open space which are both issues. The homes across the street are larger. She did not understand why they are not discussing these issues at this meeting. How can they be freestanding units and condo lots and not have minimum frontage. It will lead to high density. Her concern is about density and aesthetics along Tanglewood and Riviera and the effect this will have on their property values. 7. Ms. Carolyn Hunt, 54-527 Riviera, stated they have been residents since 1990. At the time they bought their homes, the information told to them was that the site known as Canterbury Island was to be a pool site. She realizes the pools are not an issue, but it was their understanding that this area was a part of the land purchase by KSL and they expect a pool at that location. Currently, they have to go 22 units to use a pool and this is not acceptable. 8. Mr. Michael Walker, General Manager for PGA West Residential Association, stated Mr. Armstrong has not, as of yet, provided the HOA and the Architectural Committee with a detailed set of plans for the appropriate review as to whether or not they comply with the governing documents or the architectural compatibility of the Association. Second, he has not provided a detailed landscaping design plan for the areas adjacent to the golf course. Third, he has not provided a detailed plan showing the exact location of swimming pools and spas and specific details as to whether the pools will be of equal to, or larger than the existing pools and spas throughout other locations at PGA West. Fourth, he has not obtained approval from HOA or Architectural Committee regarding the design and appearance of the chimney caps as requested by the ALRC. Mr. Armstrong has attended the last two meetings of the Board of the HOA and presented the same information as presented at this meeting, but they have not determined whether or not it will be approved by their Architectural Board. 0000L. C\My Documents\WPDOCS\PC3-9-99.wpd 4 Planning Commission Minutes March 9. 1999 9. Mr. Dick Lutz, 54-424 Tanglewood, stated the pictures that were distributed to them is different from those they received so he is confused as to what is being approved at this meeting. Staff stated they are approving the architectural elevations only. Mr. Lutz stated that since Canterbury Island is not under the ownership of the developer, it is not appropriate to show a pool when it is not known whether or not there will be a pool at this location. The developer should revise his submittal. Even though the Commission is only approving the architectural elevations, the pool issue needs to be addressed because the number of units placed on this land will be directly affected by the number of pools that will be installed. 10. Mr. Jay Kune, 55-435 Tanglewood, stated he has watched the quality of growth of this City since 1991. The additions that have occurred and are proposed shows a market feeling for an upgrading of what is now a "tickie- tackie" in many of the areas where he lives. He strongly opposes this kind of development that Mr. Armstrong is suggesting in which he places no architectural design; just a row of structures to desecrate what could be a wonderful piece of property. He requested the Commission require some type of architectural challenge, similar to those being proposed by Centex. 11. There being no further public comment, the public comment portion was closed and open to the Commission for discussion. 12. Chairman Tyler explained the Commission is representing the City and often in gated communities there are issues between the developers and the homeowners which are over and above what the City considers. We have heard the pools fall into that category. He can understand the residents concerns, but these issues are to be addressed between the HOA and developers. As to Canterbury Island, again, this is not an issue before the Commission. 13. Commissioner Robbins asked if density was an issue under a compatibility review. City Attorney Dawn Honeywell stated it was not when you have an approved tract map. The unit count has been approved. Commissioner Robbins asked if this unit count was what was approved by the prior developer. Planning Manager Christine di Iorio stated the unit count is approved under the Specific Plan for the whole development. PGA West is allowed 5,000 units and they have not developed that many units. Mr. Kent Armstrong stated this site was originally approved for condominium units that were four to six-plexes which is many more units than what they are proposing. 000013 C:AMy Documents\WPDOCS\PC3-9-99.wpd 5 Planning Commission Minutes March 9, 1999 14. Commissioner Robbins stated that the plans submitted for their approval are lacking in their ability to allow the Commission to make any decision on what is submitted. He asked staff if there were an guidelines for what is to be submitted for review. Community Development Director Jerry Herman stated the Commission requested reduced copies be submitted instead of the larger plans. 15. Commissioner Butler stated he concurred with Commission Robbins in regard to the plans that had been submitted for review, but asked staff if the Architectural Review Committee for PGA West have any serious input into modify the elevations to make them more compatible with their community without the Commission being involved in those choices. Community Development Director Jerry Herman stated that what is approved by the Commission is what the building permits will be issued on. Commissioner Butler asked if they were still subject to the HOA review. City Attorney Dawn Honeywell stated the City does not have any way of knowing what their internal requirements are; they may or may not have more stringent, or not so stringent requirements. Community Development Director Jerry Herman stated the City does not enforce the HOA or Architectural Committee requirements. Commissioner Butler stated that this is an approved project within an approved community and from the standpoint the Commission has any latitude if the developer believes the plans are adequate for what they were originally approved for, then the Commission is limited to what they can require. Staff pointed out that should the Commission approve these designs and the developer be required to change those approved drawings based on the HOA and/or their Architectural Committee, then the developer will have to return to the Planning Commission for approval of those changes. Normally, the developer has already obtained HOA approval prior to submittal to the Planning Commission, but that is not the case in this instance. 16. Chairman Tyler asked if this project was a compatibility review. City Attorney Dawn Honeywell stated it was a review to see that it is compatible with other prototypes at PGA West. 17. Commissioner Abels stated that if there is a concern between the HOA and the developer, maybe the Commission should continue this request to allow the developer time to work out the differences with the HOA. 18. Chairman Tyler stated he had visited the site and the proposed homes on Canterbury that face the existing homes on Riviera, are a stretch of the imagination to say that what is proposed will be compatible with what is existing. Tanglewood is less of an issue because those units are the clustered multi -family units. He would like the developer to follow the routine that has been followed in the past to have the developer obtain HOA approval before submitting to the Commission. 000014 C\My Documents\WPDOCS\PC3-9-99.wpd 6 Planning Commission Minutes March 9, 1999 19. Mr. Armstrong stated the purpose of this review was to give him direction on his working drawings and detailed plans. He has met with the Association and the Board of Directors during those meetings indicated to him that he was on the right track. The units from a preliminary point of view are fine. Where does he proceed from here. Should he prepare working drawings so he can be denied. Chairman Tyler stated the issue is not whether or not he should prepare working drawings. The issue is whether or not the elevations shown are compatible with the existing units that will be right across the street. 20. Commissioner Butler stated the question is whether the elevations and what is being presented as the facade for this development is what the HOA are concerned about. The square footage is within their range and not a question. 21. Commissioner Abels stated that the Commission would like to know is that the HOA and developer are in agreement with the plans. The Commission can approve the plans as submitted, but they would like to continue the project to allow the additional time to allow the developer time to resolve the elevation drawings with the HOA. 22. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to continue Site Development Permit 99-647 to April 13, 1999. Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Chairman Tyler informed the Commissionqkthe invitation to attend the Second Annual Community Picnic on Saturday. 15, 1999, from 10:00 a.m. to 1:00 p.m.. IX. COMMISSIONER ITEMS A. Chairman Tyler gave port on the City Council meeting of March 2, 1999. B. Chairman Tyler r ended the Commissioners to get their Statement of Economic InZrcturno the City. C. Ceminded the Commissioners to have their travel arrangements coLeague of California Cities Planner's Institute. D. Stopies of the Revised Zoning Code to each of the Commissioners. 00001D C:AMy Documents\WPDOCS\PC3-9-99.wpd 7 Planning Commission Minutes April 13, 1999 Chairman Tyler stated a request had been r rom the applicant to continue this item. It was in seconded by Commissioners Robbins/Abels to c t is item to April 27, 1999. Unanimously B. Continued - Site Development Permit 99-647; a request of Century -Crowell Communities for approval of architectural and landscaping plans for four new prototype residences located in Tract 21846-3 and Tract 24317-1 in PGA West. C. 1. Chairman Tyler informed everyone that a request for continuance had been received from the applicant. It was moved and seconded by Commissioners Kirk/Abels to continue Site Development Permit 99-647 to April 27, 1999. Unanimously approved. approval of development plans for two new prototype single family hou/rangiin size from 1,984 to 2004 square feet under Specific Plan 83-001 locnorth side of Calle Tampico, west of Park Avenue, and east of Calle R Quinta Fairways. 1. Chairman Tyler opened the public hearing and asked for e staff report. Principal Planner Stan Sawa presented the information co ained in the staff report, a copy of which is on file in the Com unity Development Department. Staff noted the applicant had submitte o new elevations with a modified ridge line as required by the AL and staff recommends approval of the changed elevations. 2. Chairman Tyler asked if there were an)/questions of staff. Commissioner Abels asked if Condition 4 7 shoul e deleted. Staff concurred that the condition should be deleted. Th being no further questions, Chairman Tyler asked if the applicant wou like to address the Commission. Mr. Chad Myer, Project Manager for stated he was here to answer any questions of the Commission. 3. Chairman Tyler aske tf anyone else would like to speak on this item. Mr. Alex Kunzler, 50-3 Spyglass, questioned whether his property was directly in front of the .posed models as he was concerned with the dust and wanted to bZbe ured the lots would be landscaped. Mr. Myer stated the models wolocated across from his house and the area would be planted or spray to prevent any dust problems. Discussion followed as to the proce for construction of the models and the concern for dust control. 4. ere being no further public comment, the public participation portion of the hearing was closed and opened to Commission discussion. 000016 C:AMy Documents\WPDOCS\PC4-l3-99.wpd Planning Commission Minutes April27, 1999 value of their development will diminish. She then questio the left turn on Jefferson Street and asked if there was going to a signal on 49' Avenue. Chairman Tyler stated the ultimate devel ent of Jefferson Street is not an issue under discussion at this time. arba stated she hoped the drainage would not go into their develop nt. 22. Commissioner Kirk stated that i is project were denied the area is still zoned for 50 acres of comm. The applicant is reducing the amount of commercie al al to 12 acres. 23. There being no rther public comment, Commissioners Abels/Robbins moved to c inue the public hearing to May 11, 1999. Unanimously B. Continued - Site Development Permit 99-647; a request of Century -Crowell Communities for approval of architectural and landscaping plans for four new prototype residences located on in Tract 21846-3 on Tanglewood in PGA West. 1. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a new plot plan had been received prior to the meeting. 2. Chairman Tyler asked if there had been any changes to the building elevations. Staff stated no. Discussion followed regarding the Architectural and Landscaping Review Committee (ALRC) recommendations. 3. Commissioner Butler asked staff about the letter received from the homeowners' association (HOA). Staff stated the applicant should address letter. 4. Mr. Kent Armstrong, representing Century -Crowell the applicant, stated he had met with the HOA and they had reached an agreement on most of the issues. He then went over the issues. He then stated he had a problem with Condition #5 regarding the HVAC in the setback area. 5. Chairman Tyler asked Mr. Armstrong for a copy of the letter from the HOA. 6. Commissioner Kirk asked if they could approve the project subject to HOA approval. City Attorney Dawn Honeywell stated it is not something that is within the City's standard requirements and she would not recommend it. C:\My Documents\WPDOCS\PC4-27-99.wpd 5 000017 ...x.11 Planning Commission Minutes April27, 1999 7. Commissioner Butler stated that if there is a five foot sideyard, there is no issue with the HVAC's location. 8. Ms. Kelly McGilliard, Operations Manager for the Homeowners' Association (HOA), stated she has been working with the applicant to obtain approval from the HOA. The outstanding issues are the final landscaping and pool plans. The objective is to have a plan that is compatible with the HOA. They would like to request the approval be contingent upon the remaining issues being resolved with the HOA. 9. Chairman Tyler stated the required landscaping plans are limited to the front yard and since this is a condo project the remaining landscaping is the responsibility of the HOA. Ms. McGillard stated that as a condo project the HOA will be maintaining the landscaping and therefore, is hoping for a good working relationship. 10. Commissioner Kirk asked if the applicant was required to have HOA approval before proceeding. City Attorney Dawn Honeywell stated the CC&R's require it. Commissioner Kirk stated that if the Commission approved the project, there is still a process whereby the applicant has to obtain HOA approval. Staff stated yes that was true. 11. There being no further public comment, Chairman Tyler closed the public participation portion of the hearing and opened the matter for Commission discussion. 12. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 99- 029 approving Site Development Permit 99-647, subject to Findings and Conditions of Approval as submitted/modified: a. Condition #4 being deleted ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, and Chairman Tyler. NOES: Commissioner Abels. ABSENT: None. ABSTAIN: None. C. Specific Plan 83-001 Amendment #5 and Site Develo ermit 99-642; a request of Century -Crowell Communities for appro an amendment to allow ten foot front yard setbacks where 20 feet ' Tired, and to increase the unit count; approval of development 1 t ree new prototype residential plans ranging in size from 1,892 square feet. C:AMy Documents\WPDOCS\PC4-27-99.wpd 6 "' 000018 ATTACHMENT #3 siTa cn z O cn w w U. u- 54T" AVENUE CD t' a CASE MAP CASE No. SDP 99-647 APPEAL NORTH SCALE : 000019 ATTACHMENT #4 mm era L) c.� 4 1 m a a ATTACHMENT #5 000091 I ti 000022 CPT04ALi CDVBU PATIO --r------- —------------i-� i PLAN 1 SQ. FT. ID THE CHAN4:PIONS AT PGA WEST i eaose CENTURY CROWELL CO S 1aovs8 it/18/98 LA QZTQT'TA. CALg-70RN'IA 00002.E KN TE & ASS RATES NICHreCrue quo PLAW.+c mmm RIGHT REAR LEFT PGAWEST- [D T�FM ClaAl"l(DT-ZS AT PGA WEST M 98058 10/01/98 CENTURY CROWELL CO 11/18/98 2/03/99 0 0 0 2w 11 KNrTE� & ------ i- i ------ ---- ---- �- i � a PLAN 2 Uk. 2203 SQ. FT. PGA WEST . ID THE C IONS AT PGA WEST ID 9e058 01/98 CENTURY CROWELL CO S 1� 1v18/98iee LA QLTIN'rA. 4=A r -Ii�ORN c 0000'5 0 Pl-,Al*-1 2 RIGHT REAR LEFT ---------- PGAWEST- 13 71-IE CllAA41PlC)l-,TS AT PCTk WES-r 98058 10/01/98 CENTURY CROWELL CO S "/18/98 0 0 0 0 12) G 2-3-99 0 COVER® PAT10 1 I I i 1 r PLAN 3 #106� 2418 SQ. FT. �AwlPGAWEST- ID 'I-1-M CHAAI:PIONS AT PGA WEST ED 98068 CEN'TLTRY CROWELL CO g 1a01/9e 11/18/98 LA QLTIN'TA, CAL]FOIZNIA KN TE d ASSO ATES A"tecnfif AND PLA"MG 00002 - - - - - - - - - - - - - - FE 3 FE3 0 011 011 REJ [Q] ME] REI RO li RIGHT REAR LEFT PLAN 3 PGA WEST ci THE CHAMPIONSATpc-TN vv-ias-r 98068 CENTURY CROWELL CO 3 10/01/98 11/18/98 2-02-99 0 0 0 0 ----------------------- OPTIONAL I COVI� PATIO a/c (, 3 -a NGu 6'-0' LONG V" SCRf$J PLAN 4�2809 SQ. FT. PGA= WEESST► THE CHAI��IONS AT PGA WEST ` °"""8 CENTURY CROWELL CO S 11 w/ /98 �8roe T _ A QUINTA. CALIFTORNTA 000029, 1%i(1rl2 K!J TE d Damon no am9 RIGHT REAR nnn p u i lw -11,11 1 lull, go LEFT PLAN 4 PGA WEST ED 7TIIS CM-AMPIC)INTS A..,-r PO -A, vv-iF-s-r ID 98050 10/01/98 LACZtXJ3a%T3r.^-, 2-02-99 000030 aaFas e�9pp9p99999��9j99�y 7¢Q P 9� i9 i 91 jq P 3 it, 1? g d3 y f OO�OOOOOOOOIk®00®-k � V1N1JOJ11VO 'tl1NIp10 Vl S3111Nnv WOO 1l3MOHO AunIN30 1S3M VE)d ld SNOIdNVIAO 4 4e� P 9p9� s�o9sq 1?�:IIs;"� p9i99a9999a�a11ld999pa oaaaa9p9p9 jJillw S l 2 , ji �P �ufl[dIIU - - -- - ---- L�ini�Ha n�ON W M O O O O x • Architectural & Landscape Review Committee March 4, 1999 11. Committee Member Cunningham asked if the HOA had any comments on the architecture. Mr. Chasey stated they had looked at the designs and in their opinion they were compatible with the existing units. 12. Committee Member Cunningham stated the architecture was compatible. He liked the overhang plastering effects and the designs were clean and crisp. He was concerned about the chimney caps and thought they should be reviewed by the HOA for compatibility. 13. Mr. Armstrong asked about the zero lot line in regard to the air conditioning units and where they could be placed. Staff stated that with air space units the City has left it to the HOA and developer to decide. Most of the HOA's have a form regarding intruding into the HOA open space and it can be worked out between the HOA and the developer. 14. There being no further discussion it was moved by Committee Member Cunningham to adopt Minute Motion 99-006 recommending to the Planning Commission approval Site Development Permit 99-647, subject to the recommended conditions with the following change: b. Delete Item #3 C. Chimney caps shall be decorative. d. Garage doors will be allowed to use other composite material. Unanimously approved. C. Site Development Permit 99-642; a request of Century -Crowell Communities for approval of architectural plans for three prototype residential plans to be constructed on the southwest corner of 50`h Avenue and Washington Street in Duna La Quinta. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt asked if these were the same plans as used at PGA West. Mr. Armstrong stated they were similar except for minor changes. Committee Bobbitt stated his concern regarding the use of date palms in the traffic areas and if they were to be used, they should be used away from heavy traffic. He had no objection to the remainder of the plant palette. 3. Committee Member Bobbitt asked if there were any requirements on this tract regarding pools. Staff stated there was no requirement on this tract. f` r 0 000039 C:\My Documents\WPDOCS\ALRC3-4-99.wpd 4 40 ATTACHMENT #6 Architectural & Landscape Review Committee March 4, 1999 a.) To Item 42 add, "or composite material". b.) Item #3 removed Unanimously approved. B. Site Development Permit 99-647; ' a request of Century -Crowell Communities for approval of architectural plans for four prototype residential plans to be constructed on the east side of Tanglewood, between Arnold Palmer and Firestone and Canterbury at Riviera in PGA West. Commissioner Bobbitt excused himself due to a possible conflict of interest. 2. Associate Planner Leslie Mouriquand presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Mr. Kent Armstrong, Century -Crowell Communities asked that the requirement for the gate be removed and they be allowed to use some other garage material that would be compatible. He went on to explain how they had reduced the size of the pool in order to create two pools instead of one. There would be a total of 73 lots and three pools. 4. Committee Member Cunningham asked for clarification on the location of the pools. Mr. Armstrong identified their location on the map. 5. Mr. Paul Chasey, representing the HOA Association, stated they had met with Century and thanked them for trying to accommodate their needs. 6. Staff stated the pool was not an issue for this Committee and would be handled by the Planning Commission. 7. Mr. Armstrong stated the pool would be of the same size as the existing pools. 8. Mr. Chasey stated another of their concerns was the rear landscaping. Century had assured them it would be installed. . 9. Committee Member Cunningham asked if the area was modified zero lot lines. Mr. Armstrong stated they were air space condominiums. The HOA takes care of the exterior landscaping and anything behind the gate to the residence is the responsibility of the homeowners. 10. Mr. Chasey stated they would like to see the front and rear landscaping plans to be sure they would be compatible with their existing system. Discussion followed as to the landscaping. C:\My Documents\WPDOCS\ALRC3-4-99.wpd 3 T4t!t 4 4Q" COUNCIL/RDA MEETING DATE: June 1, 1999 ITEM TITLE: Public Hearing on General Plan Amendment 99-062, a Request to Remove 30 Acres of Tourist Commercial Use and Replace it With Golf Course and Low Density Residential Use, Located at the Southwest Corner of Jefferson Street and Avenue 48; Specific Plan 84-004, Amendment No.3 Updating the Development Plan to be Consistent With the General Plan Request, Located South of Avenue 48, North of Avenue 50, West of Jefferson Street and East of Washington Street; and Zone Change 99-090 to Remove 30 Acres of Tourist Commercial Zone and Replace it With Golf Course and Low Density Residential Zone, Located at the Southwest Corner of Jefferson Street and Avenue 48 Applicant: Rancho La Quinta/T.D. Desert Development AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATIONS: 1. Conceptually approve General Plan Amendment 99-062 with final approval under Public Hearing # 4; 2. Adopt City Council Resolution approving Rancho La Quinta Specific Plan 84-004 Amendment No.3, subject to the Findings and Conditions of Approval; and, 3. Move to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance on first reading approving Zone Change 99-090. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History The Specific Plan project boundaries are defined by four Arterial streets; Washington Street, Jefferson Street, Avenue 48, and Avenue 50. The project area is located south of Avenue 48, north of Avenue 50, west of Jefferson Street and east of Washington Street (Attachment No. 1). The developed portion of the area consists of residential homes, an 18 hole championship golf course, a professional golf shop, and tennis and recreational facilities. Golf course grading is underway for the east portion of the Specific Plan Area. The La Quinta Evacuation Channel (flood control) runs south to north through the middle of the area. Adjacent properties are: North: Regional Commercial (CR) across Avenue 48 South: Low Density Residential (RL), Medium Density Residential (RM) and Community Commercial East: Residential across Jefferson Street in the City of Indio West: Low Density Residential (RL) across Washington Street The Rancho La Quinta Specific Plan and Environmental Impact Report (EIR) were approved and certified by the Riverside County Board of Supervisors in 1979 (then known as the ATO Desert Project). In 1984, the City of La Quinta adopted an Amended Specific Plan (then called The Grove) that reduced the scale of the proposed resort community to 1,500 residential units and two 18 hole golf courses, and certified the EIR with an Addendum. The City Council approved Specific Plan Amendment No. 2 and certified Environmental Assessment 98-357, a Mitigated Negative Declaration of Environmental Impact on May 19, 1998 as the first major update since the 1984 Plan. Project Request General Plan Amendment The applicant is requesting to eliminate the 30 acre Tourist -Commercial (TC) designation from the corner of Avenue 48 and Jefferson Street and replace it with Low Density Residential and Golf Course designation. In addition, access to the 30 acre TC site from Avenue 48 and Jefferson Street will be eliminated. Specific Plan Amendment No.3 The applicant is requesting to eliminate the 30 acre Tourist -Commercial (TC) designation from the corner of Avenue 48 and Jefferson Street and replace it with Low Density Residential and Golf Course uses. The proposed updated Specific Plan is consistent with the General Plan Amendment request (Attachment 2). The Specific Plan planning areas, circulation plan and tables and graphics have been updated to reflect the proposed changes. Zone Change The applicant is requesting to eliminate the 30 acre Tourist -Commercial (TC) zone from the corner of Avenue 48 and Jefferson Street and replace it with Low Density Residential and Golf Course zone. Public Notice This case was advertised in the Desert Sun newspaper on May 17, 1999. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by Code. Public Agency Review All applicable agency comments received have been made a part of the Conditions of Approval for Specific Plan 84-004, Amendment No. 3. Planning Commission Action The Planning Commission reviewed the developer's request on May 11, 1999, discussed all aspects of the application request, and after deliberation voted (4-0, with Commissioner Butler being absent) to recommend: 1. Approval of General Plan Amendment 99-062, 2. Approval of Rancho La Quinta Specific Plan 84-004, Amendment No. 3, and 3. Approval of Zone Change 99-090. The recommendations are based on the attached Findings and Conditions of Approval including modifications as requested by the Commission. Excerpts from the minutes of the Public Hearing are attached (Attachment 3). Environmental Assessment An EA Addendum to the previously certified Environmental Assessment (EA) 98-357, for the Rancho La Quinta Specific Plan (SP 84-004, Amendment #3), General Plan Amendment (GPA 99-062), and Zone Change (ZC 99-090) has been completed pursuant to the California Environmental Quality Act (CEQA) in order to evaluate the environmental impacts associated with minor changes. The La Quinta Community Development Department has determined that based on this Addendum to the previously certified Negative Declaration, no further environmental review is deemed necessary, pursuant to the Guidelines for Implementation of the California Environmental Quality Act, Section 15304. CK �` 000003 FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made and are contained within the attached Resolutions. The alternatives available to the City Council include: 1. Conceptually approve General Plan Amendment 99-062 with final approval under Public Hearing # 4; adopt City Council Resolution approving Rancho La Quinta Specific Plan 84-004 Amendment No 3, subject to the Findings and Conditions of Approval; move to introduce Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance on first reading approving Zone Change 99-090; or 2. Continue the Public Hearing to June 15,1999 for further discussion; or 3. Do not approve the General Plan Amendment, the Amendment to Specific Plan 84- 004, or the Zone Change; or 4. Provide staff with alternative direction. Respectfully submitted, Ct __ Jerry Herman, Community Deve opment Director Approved for Submission by: homas P. Genovese, City N a ager Attachments 1. Location Map 2. The Rancho La Quinta Specific Plan 84-004, Amendment No.3 (Council only) 3. Planning Commission Minutes (Excerpts) 000004 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 84-004, AMENDMENT NO. 3 FOR A MIXED USE DEVELOPMENT CONSISTING OF A COMBINATION OF RESIDENTIAL, GOLF COURSE, AND TOURIST COMMERCIAL USES ON 718 ACRES, GENERALLY BOUNDED BY FOUR ARTERIAL STREETS; WASHINGTON STREET, JEFFERSON STREET, AVENUE 48, AND AVENUE 50 CASE NO. SP 84-004, AMENDMENT NO. 3 APPLICANT: T.D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did, on the 1 ST day of June, 1999, hold a duly -noticed Public Hearing to consider Specific Plan Amendment No.3 to allow a mixed use development consisting of a combination of residential, golf course, tourist commercial and retail uses on 718 acres, generally bounded by four Arterial streets; Washington Street, Jefferson Street, Avenue 48, and Avenue 50. The project area is located south of Avenue 48, north of Avenue 50, west of Jefferson Street and east of Washington Street, more particularly described as APN: BOOK 646, MAPS 2, and 43 through 40; AND BOOK 649 MAPS 10, 21, 37, 38, and 40 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 th day of May, 1999, hold a duly -noticed Public Hearing to consider Specific Plan Amendment No.3 for a mixed use development consisting of a combination of residential, golf course, and tourist commercial uses on 718 acres, generally bounded by four Arterial streets; Washington Street, Jefferson Street, Avenue 48, and Avenue 50. The project area is located south of Avenue 48, north of Avenue 50, west of Jefferson and east of Washington. WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Assessment was conducted for Specific Plan 84-004 (Rancho La Quinta) in 1998, for the overall development of the Rancho La Quinta Country Club. A Mitigated Negative Declaration to the Addendum to Environmental Impact Report No. 90 was certified by the City Council (Resolution 98-47) on May 19, 1998. No substantive changes exists which would require the preparation of additional environmental documentation. An Addendum to the Mitigated Negative Declaration has been prepared to evaluate the environmental impacts associated with minor changes in the project. The Community Development A:AresoSPR4-004amdo.3 00 fj ` Resolution 99- Department has determined that no significant environmental impacts which cannot be mitigated will result from this project. Therefore, no further Environmental Documentation is necessary. Pursuant to Public Resources Code 21166. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify a recommendation for approval of said Specific Plan Amendment No.3: That the proposed Specific Plan Amendment No. 3 is consistent with the goals and policies of the La Quinta General Plan in that the proposed land use designations of Residential, Golf Course/Open Space, and Tourist Commercial are allowed General Plan uses. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses and circulation will require Planning Commission and City Council review and approval of future development plans, which will ensure adequate conditions of approval. 3. That the Specific Plan Amendment No. 3 is compatible with the existing and anticipated area development in that the project, as conditioned, provides adequate site access and off site street improvements. 4. That the project will be provided with adequate utilities and public services to ensure public health and safety. 5. That the Specific Plan Amendment No.3 is consistent with the current Specific Plan approval and amendment process. 6. That the proposed Specific Plan Amendment No. 3 is conceptual; further review will be required under a Site Development Permit review process at which time project related conditions will be attached to mitigate impacts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described Specific Plan Amendment No. 3 request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. i.i V N 000006 A:AresoS1184-004amdo. I Resolution 99- PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council , held on this 1 s` day of June, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 000004 A:AresoSPR4-004amdo.3 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 84-004, AMENDMENT NO.3 JUNE 1, 1999 GENERAL CONDITIONS OF APPROVAL 1 . Upon City Council, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 2. Land divisions within Specific Plan 84-004, Amendment No 3 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance of a grading or building permits for any facilities contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (Potable water supply and work within the La Quinta Evacuation Channel) • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. `3 �000008 COA.SP84-004AMDA03 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 PROPERTY RIGHTS 5. All easements, rights of way and other property rights required of or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of final maps or parcel maps or a waivers of parcel maps lying over or adjacent to the required property rights. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 6. Prior to approval of final maps, parcel maps or grading plans and prior to issuance of grading permits, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 7. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 8. The applicant shall grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 9. Right of way grants required of this development include: A. Washington and Jefferson Streets - Sixty -foot halves of 1 20' rights of way B. Avenues 48 and 50 - Fifty -five-foot halves of 1 10' rights of way Grants shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. The applicant shall grant the above rights of way withing sixty days of written request by the City. COA.SP84-004AMD.NO3 C, 7 000009 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 10. The applicant shall grant flood easements to CVWD for all areas of the development below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. The applicant shall endeavor to offer easements over currently -improved portions of the channel within six months of the approval of this specific plan update. Easements over unimproved portions shall be offered for dedication when subdivided or otherwise approved for construction 11 . The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 12. The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Washington Street - As constructed at the time of this Specific Plan update B. Avenues 48 and 50 and Jefferson Street - 20 feet. Minimum widths may be used as average widths if meandering wall designs are approved. Required setback areas or lots shall apply to all existing and proposed street frontage of the property being subdivided including, but not limited to, remainder parcels and lots dedicated or deeded to others such as water well and power substation sites. Where public sidewalks are placed on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 13. The applicant shall vacate abutter's rights of access to Washington and Jefferson Streets and Avenues 48 and 50 from lots abutting the streets. Direct access to these streets shall be restricted to entry/exit drives approved by the City. 14. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. COA.SP84-004AMD.NO3 ti J 3 000010 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 FINAL MAP(S) AND PARCEL MAP(S) 15. Prior to approval of any land division map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 16. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 17. Grading and drainage plans within or directly affecting the La Quinta Evacuation Channel shall have signature blocks for CVWD. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. COA.SP84-004AMD.NO3 4 r a aA 000011. Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 19. When final plans are approved by the City, and prior to approval of the land division map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions including approved revisions to the plans. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. The applicant shall construct improvements and/or satisfy obligations, or furnish executed, secured agreements to construct improvements and/or satisfy obligations required by the City prior to approval of final or parcel maps or issuance of certificates of compliance for waived parcel maps. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 22. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which are or have been constructed by others (participatory improvements). COA.SP84-004AMD.NO3 5 01 00001 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 At the time of approval of this specific plan update, known participatory improvements consist of the following: Avenue 48 - Reimburse the A.G. Spanos Company in the amount of $60,555.59 for pavement and median curbing installed on the south side of Avenue 48 between Washington and Adams Streets as part of offsite improvements for Tract 24230 - Lake La Quinta. This amount shall be reduced by the applicant's approved costs for installation of landscaping in the north half of said median. GRADING 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to occupation of development sites for construction purposes, the Applicant shall submit and receive approval of Fugitive Dust Control plans prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 25. The applicant shall comply with the City's Flood Protection Ordinance. The applicant shall coordinate with the Federal Emergency Management Agency's National Flood Insurance Program and take steps as necessary to ensure that residential properties abutting the La Quinta Evacuation Channel are not subject to the flood insurance associated with the Flood Zone A designation of the Channel. 26. The applicant shall furnish a thorough preliminary geological and soils engineering report ("soils report") with grading plans. 27. Grading plans shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of grading permits. The grading plan shall conform with the recommendations of the soils report(s) and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final map(s) that soils reports have been prepared pursuant to Section 17953 of the Health and Safety Code. 28. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of separate tracts an d lots COA.SP84-004AMD.NO3 r) n 0 0 013 6 1- V �) Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. Prior to issuance of building permits, the applicant shall provide documents, bearing the seal and signature of a California registered civil engineer or surveyor, that list actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by map and lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 30. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 31. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 32. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 33. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 34. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 35. Nuisance water shall be retained on site. 36. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of COA.SP84-004AMD.NO3 7 ' `) 000014 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 the development's effluent which may required under the City's NPDES Permit or other city- or area -wide pollution prevention program and for any other obligations and/or expenses which may arise from such discharge of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 37. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 38. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the hardscape improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 39. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the land being divided may be subject to the provisions of the ordinance. 40. The applicant shall develop all internal roads in accordance with the design standards specified in the specific plan and the structural standards in effect at the time of tentative tract approval. All internal roads shall remain private. The minimum street width shall be 36 feet as measured between curbfaces or flowlines except as follows: A. Single -loaded residential streets - 32-feet minimum. B. Streets may be constructed to minimum widths of 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, if there is adequate off-street parking for residents and visitors and the applicant provides for enforcement of the restrictions by the homeowners association The following minimum off -site street improvements shall be constructed to conform with the General Plan street type noted in parentheses: COA.SP84-004AMD.NO3 000015 g Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 C. Washington Street and the portion of Avenue 48 from Washington Street to Dune Palms Road have been constructed by the applicant at the time of this Specific Plan Amendment. D. Avenue 48 (Primary Arterial) - Reimburse the City for the cost to construct the applicant's half of this street from Dune Palms Road to Jefferson Street. E. Jefferson Street (Major Arterial) - Fifty -one -foot half of 102 feet improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. F. Avenue 50 (Primary Arterial) - Forty -three-foot half of 86 feet improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. G. Traffic signal at Jefferson Street and Avenue 48 - 25% responsibility for the cost to design and construct. H. Traffic signals on Avenue 48 at Adams Street, at Dune Palms Road - 50% responsibility for the cost to design and construct. Traffic signal at Avenue 50 entrance - 50% responsibility for the cost to design and construct. J. Traffic Signal at Jefferson Street and Avenue 48 - 50% responsibility for the cost to design and construct. The Applicant shall be solely responsible for any modifications required to adapt existing signals for the opening of this developments entries. Signals shall be secured (reimbursed if already constructed by others) with development approvals for the entries affected and shall be constructed prior to the opening of the entries unless otherwise approved by the City Engineer. Corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. In the event any of the above improvements are constructed by the City prior to the Applicant recording a final map pursuant to the phasing COA.SP84-004AMD.NO3 9 ,. 000016 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 concept approved for this Specific Plan, the Applicant shall reimburse the City, at the time the final map is approved by the City Council, for the cost of that portion of the improvements constructed by the City at City expense that are required by these Conditions of Approval. 41. The minimum rate of progress on the applicant's remaining responsibility for off - site streets (approximately 2.1 of the original 3.1 miles of improvements) shall be as follows: A. The applicant shall reimburse the City for the cost of improvements to Avenue 48 between Dune Palms Road and Adams Street at the time of approval of the next final map or other development approval providing additional residential or resort guest property. B. The applicant shall secure the estimated cost of Jefferson Street improvements (or reimburse actual costs if already constructed) as follows: 1) Prior to construction of permanent, non -emergency access to this street, or 2) At the time of approvals allowing residential or resort guest uses in the portion of the specific plan area lying within one quarter mile of the centerline of Jefferson Street. This obligation may be pro rated with development approvals for the first 80 percent of such property within that area until permanent non -emergency access is provided to Jefferson Street or the City Engineer determines that improvements are needed, in part, because of traffic generated by the specific plan area. 3) Construction or reimbursement shall be complete prior to approval of the final 20 percent of the residential or resort guest acreage within this area. C. The applicant shall secure the estimated cost of Avenue 50 along applicant's frontage and Avenue 48 between Dune Palms Road and Jefferson Street (or reimburse actual costs if already constructed) concurrently with approvals allowing residential or resort guest uses in the portion of the specific plan area lying east and south of the La Quinta Evacuation Channel and more than one quarter mile west of the centerline of Jefferson Street. The provision of security and construction/reimbursement of these improvements shall comply with the provisions listed above for Jefferson Street improvements except that reimbursement for the Avenue 48 COA.SP84-004AMD.NO3 10 0 0 0® 1 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 improvements shall precede securing/constructing Avenue 50 improvements until the pro rata contributions are needed for pending construction of Avenue 50 improvements. The above notwithstanding, off -site street improvements determined necessary to serve developing portions of the specific plan area shall be secured or reimbursed at the time of approval of those portions of the development and shall be constructed concurrently with those portions. All off -site street improvements shall be completed no later than five years after the approval of this Specific Plan unless otherwise approved by the City Council. Improvements and reimbursements so required may exceed the minimum rate of progress outlined above. 42. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 43. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 44. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, the specific plan, and as approved by the City Engineer. 45. Street right of way geometry for cuts de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801 , and #805 respectively unless otherwise approved by the City Engineer. 46. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 47. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and COA.SP84-004AMD.NO3 11 `.:4,1 000013 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1. 1999 building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 48. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access to publicly -maintained streets. The improvements shall include streets and sidewalks, traffic control devices and street name signs. WALLS AND LANDSCAPING 49. Final inspection and occupancy of homes and buildings within tracts abutting the perimeter will occur only after the perimeter wall has been constructed adjacent to those tracts. Perimeter walls along public streets shall be installed within one year of the applicants' construction or participation in the costs of the streets. 50. The applicant shall provide landscape improvements in the perimeter setback areas or lots along all adjacent public streets. Landscape improvements shall coincide with construction of the adjacent perimeter wall unless otherwise approved by the City Engineer. COA.SP84-004AMD.NO3 IZ o 0 0 0 1 9 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 51. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 52. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 53. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 54. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. PUBLIC SERVICES 55. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. QUALITY ASSURANCE 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 57. The subdivider shall arrange and bear the cost of measurement, sampling and testing not performed by the City but necessary to provide evidence that materials and their placement comply with plans and specifications. 58. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 59. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City COA.SP84-004AMD.NO3 13 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 60. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FEES AND DEPOSITS 61. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHALL 62. All water mains and fire hydrants providing required water flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 63, The Homeowner's Association or appropriate community service district shall be responsible for the maintenance of vegetation in the open space areas. 64. All roads need to be a minimum of 20 feet unobstructed width. 65. Specific access plans shall be submitted. MISCELLANEOUS 66. The final Conditions of Approval shall be incorporated in the Final Specific Plan document. 67. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. 68. Fringe -Toed Lizard mitigation fees in effect at the time of permit issuance, shall be paid Prior to land disturbance activities (i.e. grading permit). O o COA.SP84-004AMD.NO3 14 1,. s. 1 Resolution 99- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #3 June 1, 1999 69. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of Specific Plan document. 70. The applicant shall comply with the recommendations of the Archaeology Report prepared by the Archaeological Research Unit in 1995 for this project and Final Report on Archaeological Testing prepared Project Archaeologist, Bruce Love. Ph D. Prior to issuance of any grading or building permits, or ground disturbance and or trenching, mitigation measures as recommended by the Archaeological Reports for the site shall be implemented at the applicant/developer's expense. This consists of having an archaeological monitor on site during grading and earth disturbance operations and or trenching. 71. Cul de sac street lengths shall be allowed to exceed 660 feet in length (Subdivision Ordinance Street design Section 13.24.060 F) upon approval of the Public Works Department and approval by the Fire Marshall of the required specific access plan (Condition 65). 00002- COA.SP84-004AMD.NO3 15 ��� ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE TO REMOVE A TOURIST COMMERCIAL ZONE, AT THE SOUTHWEST CORNER OF JEFFERSON AND AVENUE 48 AND TO REPLACE IT WITH THE GOLF COURSE AND RESIDENTIAL ZONE CHANGE OF ZONE 99-090 WHEREAS, the City Council of the City of La Quinta, California, did on the 1 ST day of June, 1999, hold a duly noticed Public Hearing to consider a Zone Change to remove a Tourist Commercial zone, at the southwest corner of Jefferson and Avenue 48 and to replace it with the golf course and residential zone as shown on Exhibit A. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of May, 1999, hold a duly noticed Public Hearing to consider the same Zone Change as identified above and recommended approval to the City Council; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify the recommendation for approval of said Zone Change. 1 . This Zone Change is consistent the General Plan being amended, in that the zone change categories proposed are consistent with the with those goals, objectives, and policies in the General Plan. 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses will require Planning Commission review and approval of future development plans will require Planning Commission review and approval of future development plans, which will ensure adequate conditions of approval. 1 The zone designation is compatible with the designations on adjacent properties in that adjacent uses are residential/resort and Planning Commission review and approval will ensure compatibility and in other areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 0000ti.j A:ACC ORD - COZ99-090.wpd �• r« 4 :-) SECTION 1. The official Zoning Map for the City of La Quinta is hereby amended for those areas shown on Exhibit "A" attached hereto and made a part of the this ordinance. SECTION 2. ENVIRONMENTAL. Said Zoning Change request has been determined to be exempt from the California Environmental Quality Act pursuant to Section 15061 of the Guidelines for Implementation. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 00002-4 A:ACC ORD - COG99-090.wpd C Q •c n e N a � � o _m a) A N ; = G x ° U 11J L. 4. v w 0000�- ATACHMENT #1 ►l p o*l It -IS uoslajja j -IS uo}pulligle Ln El- z 0 a U 0 J 00002. -( ATTACHMENT #3 Planning Commission Minutes May 11, 1999 C. General Plan Amendment 99-062 Specific Plan 84-004 Amendment #3, and Change of Zone 99-090; a request of T.D. Desert Development for approval to remove 30 acres of Tourist Commercial use at the corner of Avenue 48 and Jefferson Street and replace it with Golf Course and Low Density Residential development uses; approval of an Amendment to the Specific Plan to allow for a mixed use development consisting of a combination of Residential, Golf Course, and Tourist Commercial uses on 718 acres with guidelines and standards; and approval of a Zone Change which generally removes 30 acres of Tourist Commercial use at the corner of Avenue 48 and Jefferson Street and replaces it with Golf Course and Low Density Residential development uses within the project boundaries identified as south of Avenue 48, North of Avenue 50, west of Jefferson Street, and east of Washington Street. Chairman Tyler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff stated that in the Tourist Commercial Planning Area II, the applicant could build fractional ownership units but, but it is not their intent to do this within that ten acre Tourist Commercial. They want to build the clubhouse related uses in this ten acre site. On Avenue 48 there is an access point at Dune Palms Road to the parking lot for the maintenance facility and an additional access on Avenue 48 to the maintenance facility with a right turn in and out. 2. Chairman Tyler asked if there were any questions of staff. Commissioner Abels asked if this was the site where a hotel was approved by the Commission a year or so ago. Staff stated it was. Commissioner Kirk asked staff to clarify why the land area of the Tourist Commercial specified on the exhibits differed from the staff report. Staff stated that Planning Area 2 is all Tourist Commercial. Now the Planning Area has changed. All Low Density Residential is removed from Planning Area 2. 4. Commissioner Kirk asked if the applicant was requesting any changes to the development plans. Staff stated they were minor changes. Chairman Tyler asked Senior Engineer Steve Speer if the changes had been incorporated into the changes proposed for the Jefferson Street improvements. Senior Engineer Steve Speer stated there was a full turn movement proposed at 49" Avenue. The applicant may need to define the width of the access. Chairman Tyler asked about Condition #48.H. Staff stated the applicant has participated in what has been built and the condition 0000,28 C:AMy Documents\WPDOCS\PC5-11-99.wpd 9 r, Planning Commission Minutes May 11, 1999 needs to be reworded. It should indicate that traffic signals are needed on 48' and Dune Palms Road. Jefferson Street is addressed in Condition #48.G. A condition needs to be added that on Jefferson Street at 49" Avenue shall have a traffic signal and the applicant will be responsible for 50% of that cost. The last paragraph should include City incurred expenses 6. There being no further questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing the applicant, stated he had no additional information and was available to answer any questions. 7. Commissioner Kirk asked if the applicant agreed with the right of ways at 28 foot minimums and could he bring it narrower. Mr. Haag stated that in a privately gated community it becomes a management problem and Rancho La Quinta has agreed to manage. 8. Chairman Tyler stated the Specific Plan needed to be corrected to indicate the Tourist Commercial area. Mr. Haag stated that once a final approval is given by the City Council, they will make the necessary changes to the final Specific Plan document. 9. Mr. Grady Sparks, Construction manager for Rancho La Quinta, asked for clarification on the Avenue 48 construction costs as they were never made aware of any costs owing. Senior Engineer Steve Speer stated that 48' Avenue and Dune Palms Road have three of the four legs needed. The north leg needs to be added to make it complete. Those improvements were not put in and have not been charged to Rancho La Quinta. When the City makes the improvements at this location, the applicant will be required to pay for his portion of those improvements. 10. Mr. Sparks questioned if they were required to pay for 50%, shouldn't the City of Indio pay for their portion. Staff stated the signal will come in the future and at that time Rancho La Quinta will be required to pay for their portion. 11. There being no further public comment, the public participation portion of the hearing was closed and opened to Commission discussion. 12. Commissioner Kirk commended Mr. Haag on his presentation and he supported staff s recommendation. 13. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 99- 039 recommending to the City Council approval of General Plan Amendment 99-062, subject to the Findings. C:AMy Documents\WPDOCS\PC5-11-99.wpd 10 Planning Commission Minutes May 11, 1999 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 14. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-040 recommending to the City Council approval of Specific Plan 84-004 Amendment #3, subject to the Findings and Conditions of Approval as amended: a. Condition # 1: Upon City Council approval, a memorandum noting that the City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. b. Condition #48.H.: Delete any reference to Jefferson Street. C. Condition 48.J. The applicant shall be responsible for 50% of the cost for a signal at 49" Avenue and Jefferson Street for City incurred expenses only. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 15. It was moved and seconded by Commissioners Robbins/Abels to adopt Planning Commission Resolution 99-041 recommending to the City Council approval of Zone Change 99-090. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. Amendment #1; a request of Catellus Residential Group for approval of entry gates and architectural and landscaping plans for a pool facility within the single family residential subdivision located south of Avenue 48, north of Avenue 50, west of Jefferson Street, and east of Washington Street. Chairman Tyler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Tyler asked if there were any questions of staff. Commissioner Kirk asked about Condition #3. Staff stated it could be addressed by the applicant. 000030 C:AMy Documents\WPDOCS\PC5-11-99.wpd 11 A LJ T4ht 4 4aQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on General Plan Amendment 98-060, PUBLIC HEARING: Zone Change 98-089, and Tentative Tract 29053, a Request to Approve a General Plan Amendment From Community Commercial (CC) to Low Density Residential (LDR), Zone Change From Community Commercial (CC) to Low Density Residential (RL), and Tentative Tract Map to Create 103 Single Family Lots on 33 Net Acres Northwest of the Intersection of Jefferson Street and 50t' Avenue. Applicant: Lundin Development Company RECOMMENDATIONS: 1 . Adopt a Minute Motion conceptually approving General Plan Amendment 98- 060, with final approval under Public Hearing #5; and, 2. Motion to introduce Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance on first reading approving Zone Change 98-089; and, 3. Adopt a Resolution of the City Council approving Tentative Tract 29053, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History The property, located northwest of the intersection of Jefferson Street and 501n Avenue, is vacant and was last used as a citrus grove (Attachment 1). High voltage utility lines run adjacent to the south and east property lines. The property has no CAstan\Acc rpt gpa 98-060 zc 98-089 tt 29053.WPD �� °� entitlements on it and has a General Plan land use and Zoning designation of Community Commercial (CC). The City Council, at its meeting of May 18, 1999, approved Specific Plan 98-034 which permits a shopping center and Parcel Map 29052 dividing the 12.5 net acre site into seven parcels with a 33 net acre remainder parcel at the northwest corner of Jefferson Street and 501h Avenue. This 33 acre parcel is the property involved in the current applications. Environmental Considerations Environmental Assessment 98-375 was prepared for General Plan Amendment 98- 060, Zone Change 98-089; as well as Tentative Tract Map 29053 and approved Specific Plan 98-034 and Parcel Map 29052 (approved by the City Council on May 18, 1999), in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The City Council certified a Mitigated Negative Declaration of Environmental Impact for all applications on May 18, 1999 (Attachment 2). Surrounding Zoning and Land Uses North: RL / golf course under construction in Rancho La Quinta Country Club South: TC (Tourist Commercial) / vacant land and CC / SP 98-034 site East: Commercial / vacant land in the City of Indio and residential / single family residential unit West: RL / vacant land Project Request The proposal is a request to change the General Plan land use designation and Zoning on the 33 net acre site from Community Commercial (CC) to Low Density Residential (RL). The Tentative Tract Map will create 103 single family lots on the 33 net acre site (Attachment 3). The northwest corner of Jefferson Street and 50th Avenue contains approximately 45.5 net acres of Community Commercial (CC) General Plan designated and zoned property, of which 33 acres is proposed to be changed to Low Density Residential (2-4 dwellings per acre) to allow this Tentative Tract Map (see Ordinance and Resolution exhibits). The remaining 12.5 acres of Community Commercial designated and zoned land is the commercial site approved by the City Council on May 18, 1999, for a shopping center under Specific Plan 98-034 and Parcel Map 29052 (by the applicant). The Tentative Tract proposes 103 single family lots varying from 7,704 to 11,857 square feet in size (average 9,009 square feet) at a density of 3.1 dwelling units per acre. The majority of the lots are 80 feet wide and a minimum of 105 feet deep. The MOW- CAstan\Acc rpt gpa 98-060 zc 98-089 tt 29053.WPD ,M5T tract has two access points: an unsignalized street access from Jefferson Street, and a signalized access at 501h Avenue. These accesses are connected and act as a collector street for culs-de-sac. Streets are to be private and gated where they meet Jefferson Street and 50th Avenue. A 3.9 acre irregularly shaped retention basin lot and .5 acre Coachella Valley Water District well site lot are shown at the southeast corner of the site adjacent to the proposed shopping center. Other miscellaneous lots will be created for the private streets and common area landscaping, including 20 foot deep lots adjacent to 50" Avenue and Jefferson Street. Planning Commission Review On May 11, 1999, the Planning Commission reviewed the General Plan Amendment, Zone Change, and Tentative Tract Map applications, as well as Specific Plan 98-034, Parcel Map 29052, and Environmental Assessment 98-375 (Attachment 4). No members of the public had comments. Staff recommended approval of the project, subject to conditions. In order to assure Coachella Valley Water District access to the well site in the tract, a requirement to provide an access easement was added. The Planning Commission unanimously (4-0, with Commissioner Butler absent) adopted Resolutions 99-032, and 99-35 through 99-037, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 98-375, and approval of General Plan Amendment 98-060, Zone Change 98-089, and Tentative Tract Map 29053 (subject to conditions), respectively, subject to the findings. Public Notice The applications were advertised in the Desert Sun newspaper on May 10, 1999. 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 written comments have been received. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval for these cases. FINDINGS AND ALTERNATIVES: Findings needed to approve General Plan Amendment 98-060, Zone Change 98-089, and Tentative Tract Map 29053 can be made as noted in the attached Ordinance and Resolutions. 000003 C:\stan\Acc rpt gpa 98-060 zc 98-089 tt 29053.WPD The alternatives available to the City Council include: 1 . Adopt a Minute Motion conceptually approving General Plan Amendment 98- 060, with final approval under Public Hearing #5; and, Motion to introduce Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance on first reading approving Zone Change 98-089; and, Adopt a Resolution of the City Council approving Tentative Tract 29053, subject to the Findings and Conditions of Approval. 2. Do not approve General Plan Amendment 98-060, Zone Change 98-089, and Tentative Tract Map 29053; or 3. Provide staff with alternative direction. Respectfully submitted, Jerry Herman, Commgnity Development Director Approved for submission by: Thomas P. Genovese, Ci anager i Attachments: 1. Location Map 2. Environmental Assessment 98-375 3. Tentative Tract Map (City Council only) 4. Planning Commission minutes for the meeting of May 11, 1999 000004 C:\stan\Acc rpt gpa 98-060 zc 98-089 tt 29053.WPD ) P kJ \_` ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY FROM COMMUNITY COMMERCIAL TO LOW DENSITY RESIDENTIAL NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND 50TH AVENUE CASE NO. ZC 98-089 - LUNDIN DEVELOPMENT COMPANY The City Council of the City of La Quinta does ordain as follows: SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning 33 ± acres located northwest of the intersection of Jefferson Street and 501n Avenue from Community Commercial (CC) to Low Density Residential (RL). The property shown and depicted for such rezoning on the map is attached to, and made a part of this Ordinance, and labeled Exhibit "A", Zone Change 98-089. SECTION 2. ENVIRONMENTAL. The Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended and adopted in City Council Resolution 83-68), in that the Community Development Department conducted an Initial Study and has determined that the proposed Zone Change will not have a significant adverse impact on the environment and therefore, the City Council certified a Mitigated Negative Declaration of Environmental Impact on May 18, 1999. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 1999, by the following vote: 00000'a Ordinance AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DAWN C. HONEYWELL, City Attorney City of La Quinta, California 000000 p:\cc ord 98-089.wpd �' �v_ RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW 103 SINGLE FAMILY LOTS ON 33 NET ACRES CASE NO.: TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY WHEREAS, the City Council of the City of La Quinta, California, did on the 1st day of June, 1999, hold a duly noticed Public Hearing to consider the request of Lundin Development Company for approval of a Tentative Tract Map to create 103 single family lots and miscellaneous lots on 33 net acres in the RL (Low Density Residential) Zone (proposed under GPA 98-060 and ZC 98-089) zone, located northwest of the intersection of Jefferson Street and 50th Avenue, more particularly described as: Portions of Section 32, T5S, R7E, SBBM WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 98-375), and determined that the proposed Tentative Tract Map will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified by the City Council on May 18,1999; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of May, 1999, hold a duly noticed Public Hearing to consider the request of Lundin Development Company for approval of said Tentative Tract Map and recommended approval by adoption of Resolution 99-037; 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 City Council did make the following mandatory findings of approval to justify approval of said Tentative Tract Map: 1. The proposed map is consistent with the General Plan in that with the redesignation and rezoning the lots will be designated and used for Low Density Residential use. The development and improvements of the lots will comply with applicable development standards regarding setbacks, height restrictions, density, grading, access, streets, etc. 000003 p:Acc res tt 29053 Resolution 99- Tentative Tract Map 29053 2. The design and proposed improvements of the proposed map is consistent with the General Plan in that the development and improvements of the lots will comply with applicable development standards regarding setbacks, height restrictions, density, grading, access, streets, etc. 3. The design of the subdivision and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, or cause serious public health problems since the project is surrounded by development, or other urban improvements, and mitigation is required by the Mitigated Negative Declaration (EA 98-375), including noise mitigation adjacent to Jefferson Street and 50'h Avenue. This will be provided by berming, lowering of the adjacent residential pads, and construction of garden and retaining walls. 4. The design of the proposed map or types of improvements are not likely to cause serious public health problems because the development of the land will require compliance with all health related requirements including provisions for sewers and water. 5 The design of the proposed map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since none presently exist and new easements as needed will be provided and recorded. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approve Tentative Tract Map 29053 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of June, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 000003 p:Acc res tt 29053 Resolution 99- Tentative Tract Map 29053 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DAWN C. HONEYWELL, City Attorney City of La Quinta, California 000010 p:Acc res tt 29053 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 GENERAL Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3� Tentative Tract Map No. 29053 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC)„ 4. Prior to the issuance of a grading, construction or building permit, or approval of the final map by the City Council, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development 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) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent 000011 P:\cc coa tt 29053.wpd r` 4 ` ge 1 of 13 s., U RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: A. Jefferson Street - 60-foot half of a 120-foot right of way. In addition, the owner shall make an irrevocable offer to grant an additional 17 feet of right of way, (not to exceed 250 feet in length), for future southbound turn lanes at the Avenue 50 intersection. B. Avenue 50 - 50-foot half of a 100-foot right of way C. Interior Collector Street - 41 feet undivided, 67 feet for divided sections. D. Other interior Street Lots - 37 feet plus additional for turn knuckle. E. Culs de sac radii - Forty -five -feet. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant interim easements to those areas within 60 days of written request by the City. r' 0 1 `- P:\cc coa tt 29053.wpd Pag,9 1 `1 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 9. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the concurrence of IID. 10. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Jefferson Street - 20 feet B. Avenue 50 - 20 feet The setback requirement applies to all frontage 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 dedicate blanket easements for those purposes. 1 1 . The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map.. 13. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 14. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. r-03 000013 P:\cc coa tt 29053.wpd Page 3 of 13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 FINAL MAP(S) AND PARCEL MAP(S) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. 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. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of 000014 P:\cc coa tt 29053.wpd Page 4 of 13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. Depending on the timing of development of the parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse the City or others for the cost of the improvements, to secure the cost of the improvements for future construction by others, or a combination of these methods. 21. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise 00001") P:\cc coa tt 29053.wpd Page 5 of 13 e RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 25. The applicant's obligations for portions of the required improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 26. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is located within or immediately adjacent to a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all building pads, including basement and garage areas, are above the level of the project flood. Prior to issuance of building permits for lots which are so located, the applicant shall receive Conditional Letters of Map Revision based on Fill (CLOMR/F) from FEMA. Prior to final acceptance by the City of subdivision improvements, the applicant shall have received final LOMR/Fs for all such lots. 27. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 28. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 29. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street P:\cc coa tt 29053.wpd 000016 a . L Page 6 of 13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 30. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.1 6, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 31. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 32. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by a civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 34. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 35. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 21/2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. PAcc coa tt 29053.wpd 0000V." Page 7 of 13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 36. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 37. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 38. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 39. Retention basin slopes shall not exceed 3:1 . Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 40. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 41. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 42. If the applicant proposes discharge of stormwater directly or indirectly to the La Quinta Evacuation Channel or the Whitewater Drainage Channel, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 43. The applicant shall obtain the approval of the City Engineer for the location of all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for aesthetic as well as practical purposes. 000018 P:\cc coa tt 29053.wpd 1- yl 0 Page 8 of 13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 44. Existing and proposed wire and cable utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 45. Underground utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 46. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program as determined by the City. 47. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Jefferson Street (Major Arterial) - Construct 51-foot half of a 102-foot improvement (travel lanes plus median) plus a 6-foot meandering sidewalk. 2) Avenue 50 (Primary Arterial) - Construct 38-foot half of a 76-foot improvement (travel lanes plus median) plus a 6-foot meandering sidewalk. Jefferson Street/Avenue 50 Intersection - Responsibility for 17.5% of eCc �cL�tczd b the cost of signal improvements plus a proportionate share, with the �. (D h remainder of the specific plan area, of any other improvements or modifications which may be warranted by the timing and traffic C((J loadings imposed by development of the specific plan area. t O� (�UIo L 4) Avenue 50/Lot I Intersection - Responsibility for 50% of the cost of CL signal and other intersection improvements. This responsibility may be shared with the adjacent property on this side of the street if that I property is allowed and utilizes shared access to this intersection. a L U � O n 4-0 l? e-c� C) � r � C1 t 0 o- � � 0 r l r t� e.0 0 ✓+k tZ (ti+ LLO v 0- l m P ►--o u Q� L CS< v,-�� Corsi-�c+QJ b ,e C t��r,)_L1,rR 4_- P:\cc coa tt 29053.wpd 1(^Q � r �t'Ls� ,L h �Paggge13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 B. ON -SITE STREETS AND CULS DE SAC (Private) 11 Collector Street - Divided sections shall have 20-foot-wide opposing travel lanes with an 18-foot median. The remainder shall have a forty - foot travel width. 1) Cul de sac Streets - Thirty six-foot travel width plus additional for turn knuckle. 2) Cul de sac curb radius: Forty five feet. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 48. General access points and turning movements of traffic are limited to the following: A. Jefferson Street at Lot I - Right & left in/right out. B. Avenue 50 at Lot I - Full -turn access (with signal). C. Connection of Lot I with Parcel 4 of Parcel Map 29052 - As granted by the owner of that property and approved by the City Engineer 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians, street name signs, and sidewalks. Mid -block street lighting is not required. 50. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements. 51. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 52. Street right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. /u• tl 53. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and P:\cc coa tt 29053.wpd PagQDfQr 1J RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 54. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 55. 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. 56. The City will conduct final inspections of homes and other 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. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 57. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 58. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the 000U2_�_ P:\cc coa tt 29053.wpd Page L] of 13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1, 1999 Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 59. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 60. The applicant shall provide public transit improvements if and as required by Sunline Transit and/or the City Engineer. QUALITY ASSURANCE 61. The applicant shall employ construction quality assurance measures which meet the approval of the City Engineer. 62. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 63. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. 64. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement and private street plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 65. The applicant shall make provisions for continuous, perpetual maintenance of all on -site and perimeter setback improvements. This shall include formation of a homeowner's association or other enforceable arrangement acceptable to the City. The applicant shall maintain public improvements until expressly released from that responsibility by the City. 00002 P:\cc coa tt 29053.wpd Page 12 of 13 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29053 LUNDIN DEVELOPMENT COMPANY JUNE 1„ 1999 FEES AND DEPOSITS 66. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 67. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 68. Prior to issuance of a grading permit or any earth moving activities, applicant shall pay a fringe -toed lizard mitigation fee of $600.00 per acre to the City of La Quinta. 69. Prior to final map approval by the City Council, the property owner/developer shall comply with the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13.48 of the La Quinta Municipal Code. ev J 0000210 P:\cc coa tt 29053.wpd Page 13 of 13 50TH AVENUE CASE MAP CASE No. GENERAL PLAN AMENDMENT 98-034 ZONE CHANGE 98-089 TENTATIVE TRACT 29053 LUNDIN DEVELOPMENT COMPANY ATTACHMENT 1 v SCALE : �w NTA00r)5 ATTACHMENT 2 EA 98-375 Environmental Checklist Form 1. Project Title: La Quinta Vista Specific Plan SP 98-034 Tentative Parcel Map 29052 Tentative Tract Map 29053 Zone Change 98-089 General Plan Amendment 98-060 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3 4 5 6 Contact Person and Phone Number: Stan Sawa 760-777-7125 Project Location: Northwest corner of Jefferson Street and 50`' Avenue Project Sponsor's Name and Address Lundin Development Co. 16400 Pacific Coast Highway, Suite 207 Huntington Beach, CA 92649 General Plan Designation: Community Commercial (CC) 7. Zoning: Community Commercial (CC) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) This Environmental Checklist and associated addendum review a total of five application requests for 45.5 net acres at the northwest corner of Jefferson Street and 501h Avenue. These applications include: A Specific Plan of Land Use and associated parcel map to allow for the development of a supermarket -anchored shopping center with adjacent retail pads on 12.5 acres at the corner of Jefferson Street 50`h Avenue. The parcel is designated and zoned for Community Commercial (CC) use. The balance of the parcel on the west and north sides of the proposed commercial Specific Plan are proposed for a General Plan amendment and change of zone from Community Commercial to Low Density Residential. A residential subdivision, allowing 103 lots and 10 lettered lots on 33 net acres, is proposed for this area, through Tentative Tract Map 29053. The minimum lot size is proposed at 7,704 square feet, with an average lot size of 9,009 square feet. All interior streets in the subdivision are proposed to be privately owned. � 0ooUrr�� �ll P:\STAN\EA Cklst 98.375.WPD 1 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. The project site is currently vacant. Lands surrounding the project site are also generally vacant, with scattered single family residential. The approved Rancho La Quinta Residential Specific Plan occurs to the north of the proposed site. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement). City of Indio - for street encroachment permits P:\STAN\EA Cklst 98.375.WPD 2 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning X Transportation/Circulation X Public Services Population and Housing X Biological Resources X Utilities and Service Systems X Geological Problems Energy and Mineral Aesthetics X Water Hazards X Cultural Resources X Air Quality X Noise Recreation Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a potentially significant impact or potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Six vt Printed Name Date For OU2wv PASTANTA Cklst 98.375.WPD 3 Evaluation of Environmental Impacts: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis) 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. See the sample question below. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 7. This is only a suggested form, and lead agencies are free to use different ones. r • 11 rti. P+e �✓ v 00001.9 PASTANTA Cklst 98.375.WPD 4 Sample question: Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Less Than Significant Impact No Impact Mitigated Would the proposal result in potential impacts involving: Landslides or mudslides? (1,6) X (Attached source list explains that 1 is the general plan, and 6 is a USGS topo map. This answer would probably not need further explanation.) I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? X (General Plan Land Use Map) b) Conflict with applicable environmental plans or policies X adopted by agencies with jurisdiction over the project? (General Plan EIR, p. 4-1 ff.) c) Be incompatible with existing land use in the vicinity? X (General Plan Land Use Map, General Plan Goal 2-2, page 2-11) d) Affect agricultural resources or operations (e.g., X impacts to soils or farmlands, or impacts from incompatible land uses)? (General Plan EIR, Exhibit 4.1-4, page 4-15) e) Disrupt or divide the physical arrangement of an X established community (including a low-income or minority community)? (Aerial Photograph) H. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local X population projections? (General Plan Land Use and Zoning Maps) b) Induce substantial growth in an area either directly or X indirectly (e.g. through projects in an undeveloped area or extension or major infrastructure)? (General Plan Goal 2-3, Objective 2-3.1, and policies 2-3.1.1, 2-3.1.3, page 2-14) c) Displace existing housing, especially affordable X housing? (Aerial Photograph) 000030 PASTAN\EA Cklst 98.375.WPD Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (General Plan EIR, Exhibit 4.2-3, page X 4-35) b) Seismic ground shaking? (General Plan EIR, page 4-30 X ff., General Plan, Exhibit EH-1) c) Seismic ground failure, including liquefaction? X (General Plan EIR, Exhibit 4.2-3, page 4-35 and page 4-30 ff.) d) Seiche, tsunami or volcanic hazard? (General Plan EIR, X page 4-30 ff.) e) Landslides or mudflows? (General Plan EIR, page 4-30 X ff.) f) Erosion, changes in topography or unstable soil X conditions from excavation, grading, or fill? (General Plan EIR, page 4-41) g) Subsidence of the land? (General Plan EIR, page 443) X h) Expansive soils? (General Plan EIR, page 4-40 to 43) X i) Unique geologic or physical features? (General Plan, X page 8-7) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns or the rate and amount of surface runoff? (Specific Plan X document, Section 2.30) b) Exposure of people or property to water related hazards X such as flooding? (General Plan EIR, Exhibit 4.3-1, page 4-53) c) Discharge into surface waters or other alteration of X surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Specific Plan document Section 2.30, letter from CVWD dated 2/17/99.) d) Changes in the amount of surface water in any water X body? (Specific Plan document Section 2.30, letter from CVWD dated 2/17/99) e) Changes in currents, or the course or direction of water X movements? (General Plan EIR, page 4-51 ff.) g) Altered direction or rate of flow of groundwater? X (General Plan EIR, page 4-55 ff.) P:\STAN\EA Cklst 98.375.WPD 6 000031, Potentially Potentially Less Than No Significant Significant Significant Impact Issues (and Supporting Information Sources): Impact Unless Mitigated Impact h) Impacts to groundwater quality? (General Plan EIR, X page 4-57 ff.) i) Substantial reduction in the amount of groundwater X otherwise available for public water supplies? (General Plan EIR, page 4-57 ff.) V. AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute to an X existing or projected air quality violation? (General Plan EIR, page 4-171 ff., Air Quality Report for TPM 29052, Air Quality Report for TTM 29053, Synectecology, 11/5/98) b) Expose sensitive receptors to pollutants? (Aerial X Photograph, Air Quality Report for TPM 29052, Air Quality Report for TTM 29053, Synectecology, 11/5/98) c) Alter air movement, moisture, or temperature, or cause X any change in climate? (General Plan MEA, page 5-33 ff.) d) Create objectionable odors? (Specific Plan Project X Description) VL. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (General X Plan EIR, page 4-126 ff.) b) Hazards to safety from design features (e.g., sharp X curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Specific Plan Site Plan and page 17) c) Inadequate emergency access or access to nearby uses? X (Specific Plan Site Plan; TTM 29053) d) Insufficient parking capacity on -site or off -site? X (Specific Plan Site Plan) e) Hazards or barriers for pedestrians or bicyclists? X (Specific Plan Site Plan) f) Conflicts with adopted policies supporting alternative X transportation (e.g., bus turnouts, bicycle racks)? (Specific Plan Consistency with General Plan, page 1) g) Rail, waterborne or air traffic impacts? (General Plan X MEA) 000032 P:\STAN\EA Cklst 98.375.WPD Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Less Than Significant Impact No Impact Mitigated Vu. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats X (including but not limited to plants, fish, insects, animals, and birds)? (General Plan EIR, Exhibit 4.4-1, page 4-69, and page 4-71 ff.) b) Locally designated species (e.g., heritage trees)? X (General Plan EIR, Exhibit 4.4-1, page 4-69) c) Locally designated natural communities (e.g., oak X forest, coastal habitat, etc.)? (General Plan EIR, Exhibit 4.4-1, page 4-69) d) Wetland habitat (e.g., marsh, riparian, and vernal X pool)? (General Plan EIR, Exhibit 4.4-1, page 4-69) e) Wildlife dispersal or migration corridors? General Plan X EIR, page 4-71 ff.) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X (General Plan MEA, page 5-26 ff.) b) Use non-renewable resources in a wasteful and X inefficient manner? (General Plan MEA, page 5-26 ff.) c) Result in the loss of availability of a known mineral X resource that would be of future value to the region and IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous X substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? (Specific Plan Project Description; TTM 29053) b) Possible interference with an emergency response plan X or emergency evacuation plan? (General Plan MEA, page 6-27 ff.) c) The creation of any health hazard or potential health X hazard? (Specific Plan Project Description; TTM 29053) d) Exposure of people to existing sources of potential X health hazards? (Specific Plan Project Description; TTM 29053) �l E 000033 PASTANTA Cklst 98.375.WPD e) Increased fire hazard in areas with flammable brush, grass, or trees? X Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Noise Study for the Construction and Operation of Commercial Land Uses on Tentative Parcel Map 29052, Synectecology, 11/5/98; General Plan MEA, page 6-15 ff., Exhibit 6-4) X b) Exposure of people to severe noise levels? (General, Plan MEA, page 6-15 ff., Exhibit 6-4) X XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (General Plan MEA, page 4-3 ff.) X b) Police protection? (General Plan MEA, page 4-3 ff.) X c) Schools? (General Plan MEA, page 4-9) X d) Maintenance of public facilities, including roads? (General Plan MEA, pages 3-3, 4-7) X e) Other governmental services? (General Plan MEA, page 4-14 ff.) X XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (General Plan MEA, page 4-26) X b) Communications systems? (General Plan MEA, page 4-29) X c) Local or regional water treatment or distribution facilities? (General Plan MEA, page 4-20) X d) Sewer or septic tanks? (General Plan MEA, page 4-24) X e) Storm water drainage? (General Plan MEA, page 4-27) X f) Solid waste disposal? (General Plan MEA, page 4-28) X g) Local or regional water supplies? (General Plan MEA, page 4-20) X XIII. AESTHETICS. Would the proposal: 000034 P:\STAN\EA Cklst 98.375.WPD a) Affect a scenic vista or scenic highway? (General Plan X Exhibit CIR-5) Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Less Than Significant Impact No Impact Mitigated b) Have a demonstrable negative aesthetic effect? X (General Plan EIR, page 5-12 ff.) c) Create light or glare? (Specific Plan Project X Description) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (Paleontologic X Assessment Tentative Parcel Map #29052 and Tentative Tract #29053, Paleontologic Resource Assessment Program, 2/99) b) Disturb archaeological resources? (Cultural Resource X Report Tentative Parcel Maps No. 29052 & 29053, 11/14/98; Archaeological Testing and Site Evaluation on Tentative Tract 29053, 4/6/99) c) Affect historical resources? (Cultural Resource Report X Tentative Parcel Maps No. 29052 & 29053, 11/14/98) d) Have the potential to cause a physical change which X would affect unique ethnic cultural values? (Cultural Resource Report Tentative Parcel Maps No. 29052 & 29053, 11/14/98; Archaeological Testing and Site Evaluation on Tentative Tract 29053, 4/6/99) e) Restrict existing religious or sacred uses within the X potential impact area? (Cultural Resource Report Tentative Parcel Maps No. 29052 & 29053, 11/14/98) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks X or other recreational facilities? (TTM 29053) b) Affect existing recreational opportunities? (General X Plan, Exhibit PR-0 XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 000030 P:\STAN\EA Cklst 98.375.WPD 10 a) Does the project have the potential to degrade the X quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare to endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Less Than Significant Impact No Impact Mitigated b) Does the project have the potential to achieve X short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually X limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSIS. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analysis used. Identify earlier analysis and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 000036 P:\STAN\EA Cklst 98.375.WPD 11 Addendum to Environmental Checklist, EA 98-375 I. b) The General Plan and Zoning designations for the proposed site are currently Community Commercial. The proposed project consists of a neighborhood shopping center with a supermarket anchor and associated retail development at the southeastern corner of the site, with single family residential on the western and northern sides of the commercial site. The residential requires a General Plan Amendment and Zone Change. The requested General Plan Amendment and Zone Change will result in a net loss of 33 acres of Community Commercial in the City. Single family residential uses are considerably less intensive than commercial land uses. The City has concentrated most of its Commercial zoning along the Highway 111 corridor. This parcel is currently an isolated island of Community Commercial surrounded primarily by single family residential land use designations. The proposed project represents a continuation of existing development patterns, and is compatible with existing designations. The commercial component of the project proposes a floor area ratio of 0.20, well below that allowed under the Community Commercial designation. The project will serve the rapidly developing residential neighborhoods, primarily to the west and north. Although the project -is less intense than the type of commercial development envisioned for the site, it is nonetheless compatible with nearby designations which allow for low density residential development, and will serve this development as it occurs. No mitigation is therefore required. III, b) & c) The proposed projects occur in a Zone III groundshaking zone, approximately one quarter mile east of an inferred and inactive fault. The project site can expect to experience significant groundshaking in the event of a major earthquake in the Coachella Valley. In order to mitigate the potential impacts of groundshaking on buildings throughout the City, the Building Department has implemented the Uniform Building Code, as amended, which requires reinforced construction in groundshaking zones. The projects do not occur in an area prone to liquefaction, and their distance from an active fault makes ground rupture unlikely. The projects will be required to meet or exceed the City's building standards, thereby reducing the potential impact from groundshaking hazards to a level of insignificance. III. f) The project site occurs within the City's blowsand hazard area. Soils at the project site have a high potential for wind erosion'. The project proponent will be required to submit, for review and approval by the City Engineer, a PM10 management plan which meets the requirements for such plans, prior to approval of the first grading permit for the site. Should the residential and commercial components of the project be graded separately, individual PM10 management plans shall be submitted for each component. Mitigation measures to ensure the stabilization of soils may include, but should not be limited to, soil cement 1 United States Department of Agriculture, Soil Conservation Service, "Soil Survey for Riverside County, California, Coachella Valley. 00003 �y P:\STAN\EA Cklst 98.375.WPD 12 or re -vegetation of any portion of the site not immediately under construction after grading; frequent watering, including watering during the evening and weekends during significant wind events; street sweeping or washing during construction; and the chemical stabilization of unpaved construction roadways. The implementation of such a plan will reduce the potential impacts of soil erosion at the project site to a level of insignificance. The project site falls within an area of soils at risk for erosion. The proposed Specific Plan, General Plan Amendment and Zone Change, in and of themselves, will not cause a hazard. However, construction of either the residential or commercial project will have the potential to create unstable soil conditions during earth moving activities. At such time as any phase of either project is proposed for development, the project proponent will be required to submit soils analysis to the City Engineer for review and approval. The recommendations contained in this study will reduce the potential impact from erosion of soils to a level of insignificance. IV.a) The construction of any project on vacant land reduces the potential land available for the absorption of surface water, and changes surface water runoff patterns. Both the Specific Plan (for the commercial component) and the Tentative Tract Map (for the residential lots) have proposed, in conformance with the City Engineer's requirements for the retention of the 100 year storm event on site, the construction of retention basins. The conceptual design for each component is described individually below. The shopping center development proposes the construction of retention basins behind the 20' setback along the entire site frontage on Jefferson Street. The retention basins shall be designed to meet the City's standards for such structures, and shall be incorporated into the landscaping concept for the proposed project. The residential Tentative Tract Map design includes a retention basin along most of the project's boundary with the commercial development. This area is also proposed for use as a landscaping feature. Fourteen of the residential lots will have back yards adjacent to this retention basin. A Coachella Valley Water District (CVWD) well site is also proposed for this area. The design of adequate retention basin area to contain the 100 year, 24 hour storm shall not include the area proposed for a well site. The retention basins will provide for the absorption of water, and reduce this potential impact. The basins will also control the flow of storm water generated on both sites, and will reduce the potential impacts to an insignificant level. IV.c) Impermeable surfaces within the proposed projects can increase the potential for pollutants to occur in surface water at the site. The potential for such contamination within the Tract Map area will primarily be from cars parked on driveways, and either leaking fluids or being cleaned with chemicals. The potential hazard is greater within the commercial shopping center area, due to the higher concentration of vehicles, and the high percentage of impervious surface area. The sites will drain to retention basins, either along Jefferson Street, or on the eastern boundary of the residential tract. The retention basins are required, in order to meet City standards, to include filtration devices 000033 PASTANTA Cklst 98.375.WPD 13 or other methods to ensure that water being absorbed into the ground does not contain pollutants or other foreign materials. The drainage system shall be required to meet the standards established by the National Pollution Discharge Elimination. System (NPDES), as implemented by the City. The implementation of this program will reduce impacts to a level of insignificance. V. a.) b.) An air quality analysis was prepared for buildout of the proposed projects','. Each of the analysis are discussed separately below. Specific Plan, CCommercial Shopping Center The air quality analysis was performed for both construction (short term) and operational (long term) emissions from the commercial project site. The analysis utilized the threshold criteria established for the Valley by the South Coast Air Quality Management District, as required by the Air Quality Management Plan. The project will exceed threshold criteria during the construction period, and will exceed thresholds for operational emissions of CO, Nox and ROG. As recommended in the air quality analysis, the project proponent shall be required to implement the following mitigation measures: • All construction equipment shall be maintained in good operating condition, and shall be properly serviced and repaired as needed. • Prior to the issuance of the first grading permit, the project proponent shall demonstrate, or cause to be demonstrated to the Community Development Department that all construction equipment to be utilized shall be low emission, or how the use of low emission construction equipment is infeasible. • Low VOC paints, primers and coatings shall be required for all buildings on the project site. All paints shall be applied using either a high volume/low pressure spray or by hand. • The proposed project shall provide a bus turnout, shelter and associated improvements on Jefferson Street and on Avenue 50, unless Sunline Transit provides written confirmation that no such turnout(s) or shelters are needed. • As required by the Municipal Code, the businesses operating within the proposed project shall conform to the Transportation Demand Management requirements in place at the time they begin operation. • Deliveries to the project site shall occur during off-peak periods. Even with the implementation of these mitigation measures, the impacts to air quality from the proposed project could be significant. The air quality analysis does not, however, make appropriate reductions for pass -by trips, "Air Quality Report for Construction and Operation of Commercial Land Uses on Tentative Parcel Map 29052 in the City of La Quinta, CA." Synectecology, November 5, 1998. Air Quality Report for Construction and Operation of Residential Land Uses on Tentative Tract 29053 in the City of La Quinta, CA. Synectecology, November 5, 1998. 00OU3�l P:\STAN\EA Cklst 98.375.WPD 14 which will reduce the number of vehicles which come and leave the site; improvements in technology which are likely to reduce impacts, particularly from motor vehicles; or transit route improvements in the future. Tentative Tract Map, Residential Development The analysis performed for the residential portion of the project demonstrated that the long term impacts of the proposed project will not be significant, and will not exceed state and federal threshold criteria. The analysis did show, however, potential significant short term impacts from nitrogen oxides and reactive organic gases emitted at the site during the construction of the subdivision, based on state and federal threshold criteria. The assumption made in the report is that construction of all 103 homes would occur during a one year period. Since this represents an ambitious absorption rate, the concentration of emissions is likely to be lower than that anticipated in the analysis. However, in order to lower the potential impacts to an insignificant level, the following mitigation measures are to be implemented during construction: • All construction equipment shall be maintained in good operating condition, and shall be properly serviced and repaired as needed. • Prior to the issuance of the first grading permit, the project proponent shall demonstrate, or cause to be demonstrated to the Community Development Department that all construction equipment to be utilized shall be low emission, or how the use of low emission construction equipment is infeasible. • All site grading shall be complete prior to the construction of homes on the parcel. • Low VOC paints, primers and coatings shall be required for all buildings on the project site. All paints shall be applied using either a high volume/low pressure spray or by hand. Conclusion Finally, the proposed projects fall within the anticipated land use studied in the General Plan EIR. The City determined at that time that air quality impacts required a Statement of Overriding Considerations for air quality, that the impacts to air quality of development of the Plan would be cumulative only when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. The implementation of the proposed project, therefore, is not expected to have a significant impact on air quality resources. VI.b) Access to the commercial component of the proposed projects has been limited to two driveways each on Jefferson Street and 50`' Avenue. One access point is provided at the northeastern boundary of both components, to allow for direct access from the residential tract map area to the shopping center. Access to and from the residential lots will be taken from one drive on Jefferson Street, and one drive on 50`' Avenue. These are designed to meet City standard, and should not represent a significant impact or hazard. r The access points within the commercial component of the project meet the City's standards, and generally offer ease of circulation into and out of the site, except that most of the drives are well below the City's standard of 90 feet for parking lots with more than 450 parking spaces. Thess access points represents a 000040 PASTANTA Cklst 98.375.WPD 15 potentially hazardous condition for motorists within the proposed project. The following mitigation shall be implemented to reduce the impact of this hazard to a less than significant level: • The proposed site plan shall be redesigned to provide at least 90 feet of stacking at all access points or dedicated right turns in to the driveways shall be provided. If one of these standards cannot be met, the applicable access point shall be eliminated. VII.a) & b) The project site occurs within the boundaries of the Coachella Valley Fringe -Toed Lizard Conservation Fee Area. Eventual development of the site will impact this resource. With the adoption of a Habitat Conservation Plan for this species, payment of a $600.00 per acre fee was established as mitigation for any taking of this endangered species. The site is not within the habitat areas for other species of concern in the City. No further mitigation is necessary. X. a) & b) Site -specific noise analysis was prepared for the proposed project','. Both Jefferson Street and 50`h Avenue are currently impacted, and exceed 60 dBA CNEL. All new development is required to mitigate to the City's standards for noise, as required in the General Plan (Table EH-1). The commercial and residential components of the proposed project are discussed separately below. Commercial Development The development of commercial land uses requires an exterior noise level not exceeding 75 dBA CNEL. The noise levels within the project site will not exceed the City standard at buildout. Short noise impacts can be expected during the construction phase of the project, as detailed in the report. In order to reduce potential impacts, the following mitigation measures shall be implemented: • All construction activity shall be limited to the hours of construction permitted by Municipal Code Section 6.08.050. • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers. • All stationary equipment shall be located as far as practical from adjacent potential residential units. • All on -site deliveries shall be limited to 7.00 a.m. To 10.00 p.m. • The proposed perimeter wall shall be 8 feet in height. "Noise Study for the Construction and Operation of Commercial Land Uses on Tentative Parcel Map 29052 in the City of La Quinta, CA." Synectecology, November 5, 19998. 5 "Noise Study for Construction and Operation of Residential Land Uses on Tentative Tract 29053 in the City of La Quinta, CA." Synectecology, November 5, 1998. P:\STAN\EA Cklst 98.375.WPD 16 000041 Residential Development As stated above, both Jefferson Street and Avenue 50 are currently impacted, and experience noise levels above the City's standard. The General Plan requires that all new development provide mitigation to reduce impacts to the City standard of 60 dBA CNEL. The noise analysis performed for the proposed site shows that lots adjacent to both Avenue 50 and Jefferson Street will be significantly impacted by off -site noise sources without mitigation. Without mitigation, noise levels at the project boundary on Jefferson Street will be 76 dBA, and 73 dBA on Avenue 50. In order to reduce potential long term impacts to an acceptable level, mitigation measures, in the form of berming and walls will be required, and are provided below. • No two story units shall be permitted for lots adjacent to Avenue 50, Jefferson Street or the commercial development. All units shall be single -story only. • The project proponent shall demonstrate, to the satisfaction of the Building Department, that all construction plans will result in interior noise levels of 45 dBA or less in all residential units. • To the extent possible, the homes to be located on Jefferson Street shall be constructed in the first phase of development, so as to act as noise buffers to the rest of the site. • The project proponent shall construct a 2 foot stem wall, 7 foot berm and 6 foot wall along the entire frontage of the property on Jefferson Street. The stem wall and berm shall be located within the 20 foot setback required on the street, and shall meet all City standards, including a meandering sidewalk and 3:1 slope. The City Engineer shall review and approve plans for the stem wall, berming and sidewalk prior to the issuance of grading permits. • The project proponent shall construct a 3 foot berm and 6 foot wall along the entire frontage of the property on 501h Avenue. The berm shall be located within the 20 foot setback required on the street, and shall meet all City standards, including a meandering sidewalk and 3:1 slope. The City Engineer shall review and approve plans for the berming and sidewalk prior to the issuance of grading permits. In addition to long term operational noise, the site and surrounding development will be impacted by two other sources of noise: construction equipment, and well -site construction. Construction noise will result in a potential short term impact to a residential unit 200 feet east of the proposed project, across Jefferson Street. Noise and well construction noise can be expected to result in noise levels of 80 DBA and 63 dBA, respectively at this residence. A second residential unit, located 500 feet from the eastern project boundary, will experience construction noise levels of 69 dBA, and well construction noise levels of 61 dBA. As a short term, periodic impact occurring during daytime hours, such temporary conditions are considered acceptable. Mitigation measures, however, are included below to lessen the impact to residential units near the proposed project site during the construction period. • All construction activity shall be limited to the hours of construction permitted by Municipal Code Section 6.08.050. • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers. c, • All stationary equipment shall be located as far as practical from adjacent potential residential units. 000044' P:\STAN\EA Cklst 98.375.WPD 17 • If the well drilling is to be performed on a 24 hour basis, temporary noise barriers shall be placed around all internal combustion engines used for drilling. • All well construction shall be complete prior to the issuance of occupancy permits for any residence on the site. The well site shall be walled and landscaped to meet City standards. These mitigation measures will reduce impacts from noise to a less than significant level. XIII. a) The proposed projects occur on a Primary Image Corridor (Jefferson Street) and a Secondary Image Corridor (Avenue 50). This designation requires added setbacks and enhanced landscaping treatments to mitigate potential aesthetic impacts. Both the residential and commercial components of the project have included additional setbacks in their plans, and will conform to the standards and requirements of the Primary and Secondary Image Corridor. This is expected to reduce potential impacts to a less than significant level. XIII.c) All or part of the shopping center will operate during the evening hours. The residential lots created by the proposed tract map could be impacted by light and glare. The shopping center site could also impact 50`h Avenue and Jefferson Street with added light or glare, which could have a negative impact on passing traffic. The City has implemented, through its Site Development Permit and building permit processes, standards which require lighting to be contained, and at a low level, to preserve the dark night sky. These standards will be implemented for this project, thereby reducing the potential impacts to a less than significant level. XIV. a) A paleontological assessment was completed for the proposed project'. The study found lacustrine sediments, consistent with ancient Lake Cahuilla and the type of sediment in which fossils are often found, on the project site. In order to mitigate the potential impacts to this non-renewable resource, the following mitigation measures shall be implemented: • A qualified paleontologic monitor shall be on -site during any and all excavation of the proposed project. The monitor will be empowered to stop or divert excavations to allow for removal of abundant or large specimens. • All recovered specimens shall be professionally prepared, identified and preserved. • All recovered specimens shall be professionally curated into a museum repository with permanent retrievable storage. • The paleontological monitor shall prepare a report of findings, including an appended inventory of specimens for submittal to the City. "Paleontologic Assessment Tentative Parcel Map #29052 (Commercial) and Tentative Tract $#29053 (Residential)." Paleontological Resource Assessment Program, revised February 1999. 000043 PASTANTA Cklst 98.375.wPD 18 XIV.b) & d) An archaeological resource analysis, as well as site investigation, were prepared for the project site'. Two sites of potential significance were found in the commercial area of the property, and seven sites within the residential area. The sites were tested, and were determined not to meet the CEQA criteria for significance. Artifacts were collected and removed from the surface. The results of test pits indicate a low potential sensitivity for subsurface artifacts. In order to ensure that no subsurface artifacts occur, the following mitigation measure shall be implemented: • The project proponent shall provide a qualified archaeological monitor during any excavation or grading of the project. The monitor shall be empowered to stop of divert excavation should artifacts be located. The monitor shall file a final report of findings with the City. These mitigation measures shall reduce the potential impacts to a level of insignificance. "Cultural Resources Report, Tentative Parcel Maps No. 29052 & 29053," December 14, 1998; and "Archaeological Testing and Site Evaluation on Tentative Tract 29053," April 6, 1999. Both by CRM Tech. 00004L't P:\STAN\EA Cklst 98.375.WPD 19 ATTACHMENT #4 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA M 11, 1 99 I. L TO ORDER 7:00 P.M. T'his meeting of the Planning ommission 7:00 P.M. by hairman Tyler who to lead the flag salute. Chaff an Tyler requested the roll call: Present: Commissioners Abels, Kirk, Robbin and Chairman Tyler. It was moved and seconded by Commissioners Abel/Rob 'ns to excuse Commissioner Butler. Unanimously approved. Staff present: munity Development Director Jerry Herman, City Attorney Dawn Honeywell, Sem Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, and Executi Secretary Betty Sawyer. C COMMENT: None TION OF THE AGENDA- Confirmed ITEMS: Chairman Tyler asked if there were any contions to the Minutes of April 27, 1999. Commissioner Robbins asked that under Con nt Items, it be corrected to read the minutes were adopted as submitted; Page 4, teLson 18be corrected to read, "...Jefferson Street or make a U turn to go north on J Street. Chairman Tyler asked that Page 5, Item Title "B" be elaborated to indica the streets involved in the case. There being no other corrections, it was m ved and seconded by Commissioner Abels/Robbins to adopt the Minutes as cor ted. Unanimously approved. VI. PUBLIC HEARINGS: A-1. & A-2 Environmental Assessment 98-375, General Plan Amendment 98-060, Specific Plan 98-034, Zone Change 98-089, Tentative Tract Map 29053, and Parcel Map 29052: a request of Lundin Development for approval of a Mitigated Negative Declaration of Environmental Impact for development principles and design guidelines of a 111,000 square foot shopping center and subdivision of 12.5 acres into seven parcels and one remainder parcel located on the northwest corner of Jefferson Street and 50`" Avenue. i ' Y O0OU4 C:AMy Documents\WPDOCS\PC5-11-99.wpd 1 Planning Commission Minutes May 11, 1999 Chairman Tyler 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. Staff went on to state the City Attorney requested Condition 41 of the Tentative Tract and Parcel Map and Condition #7 of the Specific Plan be modified to require a note be recorded with the Riverside County Recorder stating there are conditions that have been approved by the City and further information can be obtained at City Hall regarding those conditions. In addition, staff has added conditions of the Fire Marshal that were just received. Public Works Department requested the following condition be added to the Tentative Tract: "In the event any of the above improvements are constructed by the City prior to the applicant recording a final map, the applicant shall reimburse the City, at the time the final map is approved by the City Council for the cost of that potion of the improvements constructed by the City that are required by these Conditions of Approval." 2. Chairman Tyler asked staff if the Environmental Assessment applied to all applications. Staff stated yes. Chairman Tyler asked if staff had contacted the City of Indio regarding the possibility of alining the access at the north end. Staff stated they had not. Chairman Tyler questioned the proposed name, La Quinta Vista Shopping Center, as a residential area in north La Quinta had the name La Quinta Vistas and this could lead to some confusion. 3. Commissioner Kirk questioned the amount of landscaping and why staff was still asking for more landscaping and less parking. Staff stated the numbers could be changed. Commissioner Kirk questioned Condition #47 of the Specific Plan, and asked staff why the applicant had been required to make their checks out to Riverside County for posting of the Notice of Determination. Staff stated the County has requested all checks be made out to them. 4. Commissioner Robbins asked staff to clarify a condition of the Parcel Map regarding drainage, as to which bulletin number was correct. Senior Engineer Steve Speer stated the bulletins are sequential in number and the year is changed accordingly. 5. Chairman Tyler asked staff if the Commission was approving the sign program at this time. Staff stated it is a conceptual approval of the sign program. Chairman Tyler stated the monument signs were too much. He questioned the use of citrus trees in the landscape plan as they can draw rats. In addition the tree caliper size should be corrected to read 2-2-1/2 inches. C:AMy Documents\WPDOCS\PC5-11-99.wpd 2 0 0 0 0 4 Planning Commission Minutes May 11, 1999 6. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Mike Smith, representing the applicant, handed out a recap of what was discussed at the last meeting. In regard to the extra parking spaces, they believe their request is justified based on their previous projects. Mr. Kareem Ali, representing Lucky Supermarkets, requested modification to Condition 94 of the Specific Plan. Their figures are based on a minimum of five spaces per 1000 square feet on a combination of a food and drug store. They do not want to lose customers due to a lack of parking especially during the peak season. In addition, they currently exceed the landscaping requirements and request leniency. Condition #5 of Specific Plan requires them to reduce the number of ancillary signs from five to three. This will be a hardship as they will have a food, drug, and bank building which will all need identification for their services. 7. Chairman Tyler asked for a comparison in the number of parking spaces between this store and the ones on Washington Street and Deep Canyon at Highway I I I in Palm Desert. Mr. Ali stated he did not know. Each plan changes from area to area. Chairman Tyler asked if the drug store would be incorporated into the Lucky's. Mr. All stated yes as this would eliminate overlap. Chairman Tyler stated that one of the problems with the parking lot at Hovley store is the parking stalls are perpendicular rather than angled. Mr. Ali stated they do prefer to use the angled parking as it works better. 8. Mr. Mike Smith questioned Condition #25 of the Specific Plan. As Jefferson Street has been planned why are they being required to file a Transportation Demand Management Plan (TDM). Community Development Director Jerry Herman stated the State requires the TDM to be prepared as it relates to air quality. Mr. Smith stated this was to be done with the Jefferson Street Improvement Plan. Staff stated the TDM is based on the number of employees on the proposed site and has nothing to do with Jefferson Street. 9. Mr. Smith questioned Condition 427. They had agreed to give a deceleration lane in front of each access. This condition requires the lane for the full length of the development and they do not believe this is necessary. Senior Engineer Steve Speer agreed that it may not be needed. 10. Mr. Smith questioned Condition #45 of the Parcel Map and asked if Jefferson Street was being constructed with tax money why are they being charged a second time. Senior Engineer Steve Speer stated it is a combination of federal money, Measure A, La Quinta funds, with Coachella Valley Association of Governments fronting some of the money in anticipation of reimbursement. That portion the City is expected to pay will be reimbursed by this development. C:AMy Documents\WPDOCS\PC5-11-99.wpd 3 00004 ►1 Planning Commission Minutes May 11, 1999 H . Mr. Greg Bever, Lundin Development, stated that in regard to the reduction of 27 parking stalls, their decision to have 530 parking stalls is based on a culmination of several projects. It is their determination they need everything submitted on their request. They have leads for restaurants and want to be sure they can accommodate all their tenants. 12. Chairman Tyler asked how many total parking spaces were proposed for the site. Staff stated they are proposing 530 parking spaces and staff is recommending 503. 13. Chairman Tyler asked if anyone else would like to speak regarding this project. 14. There being no further public comment, Chairman Tyler closed the public participation portion of the hearing and opened the project for Commission discussion. 15. Commissioner Abels stated he concurred with the applicant on the number of parking stalls requested as they are looking down the road and he agrees they will be needed in the future. 16. Commissioner Kirk stated that in regard to Condition #7 of the Specific Plan, he agrees this condition is excessive. City Attorney Dawn Honeywell stated that it would be satisfactory to the City if they recorded a note stating there are conditions on the project and they can be obtained at City Hall. It is true that the vast majority of the conditions will be fulfilled when the project is built out and to have all the conditions recorded against the property would be excessive. She would review the condition further and provide modifications to staff for future projects. 17. Commissioner Kirk asked about the applicants request regarding upstream drainage. Senior Engineer Steve Speer stated this was addressed in Condition #36 of the Parcel Map. He does not anticipate any concerns. 18. Commissioner Kirk stated that in regard to the parking, the applicant has done a good job turning the point around to show his request is valid. He is concerned about parking as he does not want to see a lot of asphalt. He suggested the project be conditioned to provide an area for future parking, but not constructed until the need is valid. This way he could plan for the additional 86 spaces and not construct them till some time in the future. 000040, C:AMy Doc uments\WPDOCS\PC5-11-99.wpd 4 Planning Commission Minutes May 11, 1999 19. Commissioner Robbins asked if the parking code was based on a maximum, minimum, or was a fixed number. Staff stated they are minimums. They are not doing anything outside the Code by providing additional parking. Commissioner Robbins stated he concurred with Commissioner Abels in that parking is not adequate for most markets. He then asked staff to explain the purpose of recording conditions against the property since they stand alone. City Attorney Dawn Honeywell stated the only purpose is to notify a prospective buyer of the requirements and that is why staff is recommending the change. It is not something that is required and could be deleted. 20. Commissioner Robbins stated a potential problem existed with the well site in the residential tract as the access was through the commercial Parcel Map site. The well site is recorded with the residential and yet no access is allowed from the residential side. He would like a condition added to address this. 21. Chairman Tyler stated he would like the applicant to change the name of the project. In addition, he also has a problem with the circulation plan. Delivery trucks will have difficulty getting to and from the loading docks. In regard to parking, as the applicant is unable to come up with comparative figures on other projects, he concurs with Commissioner Kirk that he would not like to have acres and acres of asphalt. Staff stated they did contact the City of Palm Desert and the parking for the Lucky's on Highway 111 is five parking spaces per 1000 square feet of building. 22. Commissioner Abels stated the parking is important and the Commission should look down the road to be sure that the parking is adequate. By reducing this down it will compound the problem at a later date. 23. There being no further discussion, it was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 99- 032 recommending to the City Council Certification of a Mitigated Negative Declaration of Environmental Impact for Specific Plan 98-034, Parcel Map 29052, General Plan Amendment 98-060, Zone Change 98-089, and Tentative Tract map 29053. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 24. It was moved and seconded by Commissioners Abels/Robbins adopt Planning Commission Resolution 99-033 recommending to the City Council approval of Specific Plan 98-034, subject to the Findings and Conditions as modified: C:AMy Documents\WPDOCS\PC5-11-99.wpd 5 00004 1 Planning Commission Minutes May 11, 1999 a. Condition #4: Delete. b. Condition #5: Three signs shall be allowed with the option to apply for additional signs subject to approval by the Planning Commission. C. Condition #7: Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. d. Condition #27: "....or a combination of dedicated right turn lane and onsite driveway equaling 90 feet." e. Additional condition: The name of the project shall be changed. f. Conditions as stated by the Fire Department in their letter of February 22, 1999, shall be added. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 25. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 99-034 recommending to the City Council approval of Parcel Map 29052, subject to the Findings and Conditions as modified: a. Condition 41: Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. b. Add to Condition #6: "...City and CVWD for off -site well site for emergency services and for maintenance...." ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 26. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 99-035 recommending to the City Council approval of General Plan Amendment 98-060. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 27. It was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 99-036 recommending to the City Council approval of Zone Change 98-089. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. C:AMy Documents\WPDOCS\PC5-11-99.wpd 60000,50 Planning Commission Minutes May 11, 1999 28. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 99-037 recommending to the City Council approval of Tentative Tract 29053, subject to the Findings and conditions as submitted/modified: a. Condition 41: Upon City Council approval a memorandum noting that City Conditions of approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. b. Condition 46: An easement shall be granted to CVWD for access into the well site from the residential development. C. Conditions as stated by the Fire Department in their letter of February 22, 1999, shall be added. d. Add to Condition #47.A.5.: "In the event any of the above improvements are constructed by the City prior to the applicant recording a final map, the applicant shall reimburse the City, at the time the final map is approved by the City Council, for the cost of that portion of the improvements constructed by the City that are required by these Conditions of Approval." ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 13-._.._ Site Development Permit 94_,-a-request-of Valentine PTafe-ssonal Services fo Laguna de la Paz Homeowners' Association for approval of clubhouse bull In addition and modifications to the recreational facilities and two parking to for the property located on the north side of Eisenhower Drive, west of Was ' gton Street within Laguna de la Paz. Chairman Tyler opened the public hearing and,,Kked for the staff report. Principal Planner Stan Sawa presented the inf ation contained in the staff report, a copy of which is on file the Community Development Department. j 2. Chairman Tyler asked if th9re were any questions of staff. Commissioner Kirk asked if the parking,14 near Eisenhower was proposed or existing. Staff stated it is an existing -lot and proposed to be modified. 3. Commissioner "Robbins asked how many employees use the parking lot. Staff stated approximately six. 4. Chairman Tyler asked if the applicant would like to address they; ,Commissioner. Mr. Gary Dubois and -Mr—Robert- Willis, representing Valen�e-Pmfcs ioriaT�ervices, the applicant, stated they had nothing to add. C:AMy Documents\WPD0CS\PC5-11-99.wpd 7 000051 Ti-4 4 4aQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1 ,1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Composite Resolution for General Plan Amendments noted in Public Hearings No. 3 and 4 by Announcing Findings, Confirming Environmental Determination and Adopting an Amendment to the La Quinta General Plan for GPA 98-060 and GPA 99-062 RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: 5 Adopt a Resolution of the City Council for General Plan Amendments noted in Public Hearings #3 and 4. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: State Law permits the City to process four General Plan Amendments per year. With the adoption of the attached Resolution, the City will have processed and approved one of the four General Plan Amendments allowable. This Resolution, in essence, combines two applications (GPA 98-060 and GPA 99-062) into one final action. FINDINGS AND ALTERNATIVES: The available to the City Council include: 1. Adopt a Resolution of the City Council for General Plan Amendments 89-060 and 99-062; or 2° Provide staff with alternative direction. jRepectfully sub tted,r, y Her an, Community Development Director Arov d for Submission y: Thomas P. Genovese, City Manager CCJH.006 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENTS TO MODIFY THE CIRCULATION AND LAND USE ELEMENT GENERAL PLAN AMENDMENT 98-060 - LUNDIN DEVELOPMENT COMPANY GENERAL PLAN AMENDMENT 99-062 - T.D. DESERT DEVELOPMENT COMPANY WHEREAS, the City Council of the City of La Quinta, California, did on the 1st day of June, 1999, hold a duly noticed Public Hearing to consider General Plan Amendment 98-060, a request of Lundin Development Company to amend the City of La Quinta General Plan Land Use Policy Diagram to change the Community Commercial (CC) designation to Low Density Residential (LDR) on 33 net acres, located northwest of the intersection of Jefferson Street and 50th Avenue, and as shown on Exhibit "A", more particularly described as: PORTIONS OF SECTION 32, T5S, R7E, SBBM WHEREAS, the City Council of the City of La Quinta, California did on the 1st day of June, 1999, hold a duly noticed Public Hearing to consider General Plan Amendment 99-062, a request of T.D. Desert Development to amend the City of La Quinta General Plan Land Use Policy Diagram to change the Tourist Commercial designation to Golf Course and Low Density Residential designation for the 30 acres generally located at the southwest corner of Jefferson Street and 48th Avenue; and to eliminate the signalized access to Tourist Commercial, as shown on Exhibit "B", and more particularly described as: APN: BOOK 646, MAPS 2,43 THROUGH 40, AND BOOK 649, MAPS 10, 21, 37, 38 & 40 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of May, 1999, hold a duly noticed Public Hearing to consider General Plan Amendment 98-060, the request of Lundin Development Company and did recommend approval by adoption of Resolution 99-035; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of May, 1999, hold a duly noticed Public Hearing to consider General Plan Amendment 99-062, a request of T. D. Desert Development Company and did recommend approval by adoption of Resolution 99-039; and, WHEREAS, said General Plan Amendment 98-060 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Director has conducted in Initial Study (Environmental Assessment 98-375), and determined that the 00000 CAMy Documents\WPDOCS\CC Reso GPA98-060 & 99-062.wpd Resolution 99- General Plan Amendments 98-060 & 99-062 June 1, 1999 proposed General Plan Amendment will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact is recommended for certification; and, WHEREAS, said General Plan Amendment 99-062 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that an Environmental Assessment was conducted for Specific Plan 84-004 (Rancho La Quinta) in 1998, for the overall development of the Rancho La Quinta development. A Mitigated Negative Declaration to the Addendum to Environmental Impact Report no. 90 was certified by the City Council (Resolution 98-47) on May 19, 1998. No substantive changes exist which would require the preparation of additional environmental documentation. An Addendum has been prepared to evaluate the environmental impacts associated with minor changes in the project. The Community Development Department has determined that no significant environmental impacts which cannot be mitigated will result from this project. Therefore, no further Environmental Assessment is necessary pursuant to Public Resources Code 21166; 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 City Council did make the following mandatory Findings of approval to justify approving said General Plan Amendments: GENERAL PLAN AMENDMENT 98-060 - LUNDIN DEVELOPMENT COMPANY 1. The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan not being amended in that the General Plan Amendment meets the Land Use Goal 2-1 of creating a City with a Low Density Residential character. The development of the property as residential will require improvements to Jefferson Street and 50th Avenue with a landscaped median and a 20 foot landscaped setback adjacent to the street right of way consistent with Circulation Policies 3-4.1.2 and 3-4.1.11. 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting Low Density Residential development created will be in compliance with all applicable development standards regarding streets, infrastructure, housing, etc. 3. The General Plan Amendment to Low Density Residential is compatible with the designation on adjacent properties in that the properties to the north and west are also designated for Low Density development with an adequate buffer by the retention basin and well site provided adjacent to the Community Commercial designated land to the south and east. r�Y CAMy Documents\WPDOCS\CC Reso GPA98-060 & 99-062.wpd 0 0 0 0 G. 3 Resolution 99- General Plan Amendments 98-060 & 99-062 June I, 1999 4. The new General Plan designation is suitable and appropriate for the subject property in that the infrastructure necessary to develop the site with residences is available and there is residentially designated land to the north and west. 5. Approval of the General Plan Amendment is warranted because the situation and general conditions of the property have substantially changed in that it is no longer needed for commercial use since the adjacent property to the south and east is proposed for a community shopping center of adequate size to service the surrounding residential neighborhood. GENERAL PLAN AMENDMENT 99-062 - T. D. DESERT DEVELOPMENT COMPANY 1. The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan not being amended in that the General Plan Amendment proposes land use types and circulation system access which already exist as a part of the General Plan. The General Plan Amendment is compatible with the existing and anticipated area development in the project, and as conditioned, provides adequate circulation. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses will require Planning Commission or Planning Commission and City Council review and approval of future development plans, which will ensure adequate conditions of approval. 3. The new land use designation is compatible with the designations on adjacent properties because the Planning Commission or Planning Commission and City Council will review and approval will ensure compatibility and in some areas, the adjacent use is similar due to its residential/resort nature. 4. The new land use designation is suitable and appropriate for the properties involved because it is an extension of the proposed golf course and residential development. 5. The General Plan Amendment is within a project that will be provided with adequate utilities and public services to ensure public health and safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1, That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. Environmental Assessment 98-375 for General Plan Amendment 98-060 was considered and adopted by the City Council, certifying the proposed General Plan Amendment will not result in any significant environmental impacts; .;.,.� 00000, C:\My Documents\WPDOCS\CC Reso GPA98-060 & 99-062.wpd Resolution 99- General Plan Amendments 98-060 & 99-062 June 1, 1999 3. That is does hereby approve of the above described General Plan Amendments requests for the reasons set forth in this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 1st day of June, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California !+ tf A. 't 00dU00 CAMy Documents\WPDOCS\CC Reso GPA98-060 & 99-062.wpd EXHIBIT B a a 41 Z Q O CU z w CL O J w w w U) w Titit 4 4 Q" COUNCIL/RDA MEETING DATE: .tune 1, 1999 ITEM TITLE: Public Hearing on the Village on the Green Specific Plan 97-031 Amendment #1 , Site Development Permit 97-61 8 Amendment #1 , for Approval of Development Plans for Gated Entries and Pool With Restroom/Shower Building and Landscaping for a 26 Acre Single Family Residential Subdivision and Ten Acre, 118 Senior Apartments With Recreational Amenities. The Apartments Will be Available to Very Low, and Low Income Seniors and the Single Family Housing Will be Available to Moderate Income Level Persons or Households. Applicant: Catellus Residential Group/La Quinta Redevelopment Agency RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: -(A- I Adopt a Resolution of the City Council approving Specific Plan 97-031 Amendment # 1, subject to the Findings and Conditions of Approval; and 2. Adopt a Resolution of the City Council approving Site Development Permit 97- 61 8 Amendment # 1, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Specific Plan, Tract Map, and Site Development Permit for this 86 unit residential subdivision was approved by the City Council on October 5, 1998. Included within the subdivision are two parks, The Village Green and The Village Park. The houses within this neighborhood will be available to moderate income families. Project Proposal The proposed amendment to the Site Development Permit includes the addition of a neighborhood pool in the Village Park located along Desert Willow Street, adjacent to the Evacuation Channel. The pool will be enclosed with a five foot fence. Proposed perimeter planting for the pool area consists of a single row of 15 gallon Citrus trees or African Sumac along the street and California Pepper or Evergreen Elm along the C:AMy Documcnts\WPD0CS\CCCD.003 �� J northeast perimeter wall, adjacent to the Evacuation Channel. Proposed shrubs in the planter area surrounding the pool consist of Trailing Lantana, Texas Ranger Bougainvillea and/or Silverberry. Turf is proposed in the planting area abutting the street. A restroom/shower building consists of a gable roof covered with concrete "S" tile. Exposed wood rafter tails are proposed. The walls will be plaster. Entry gates are proposed at the two access points to the project along 48th Avenue. Two entry lanes one for residents and one for direct traffic, are proposed along 48th Avenue. Vehicles will pass through a single wrought iron gate that swings inward to the center island. Landscaping is proposed in the center island consistent with the Specific Plan plant palette. Architectural and Landscaping Review Committee At its May 5, 1999 meeting, the ALRC reviewed the development plans for the pool facility and recommended approval subject to conditions. Additionally, the Committee asked the applicant to consider providing employee restrooms. Planning Commission Meeting The Planning Commission, at its May 11, 1999 (Attachment 2) meeting, recommended approval (4-0 vote with Commissioner Butler absent), subject to conditions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 97-031 Amendment # 1, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Site Development Permit 97- 618 Amendment # 1, subject to the Findings and Conditions of Approval. 2. Deny the requested applications; or 3. Continue the project to a future date and provide staff with direction. Respectfully submitted, �„ r Jerry Herman i Community Development Director 000002 C:AMy Documents\WPDOCS\CCCD.003 Approved for Submission by: i L s . ✓ :Thomas P. Genovese, City.,Manager Attachments: 1. Specific Plan document (City Council only) 2. Planning Commission Minutes May 11, 1999 C:AMy Documents\WPDOCS\CCCD.003 000003 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE INCLUSION OF A POOL FACILITY AND ENTRY GATES WITHIN THE SPECIFIC PLAN CASE NO.: SPECIFIC PLAN 97-031, AMENDMENT #1 APPLICANT: CATELLUS RESIDENTIAL GROUP/ LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council for the City of La Quinta, California, did on the 1" day of June, 1999, hold a duly noticed Public Hearing to consider Specific Plan 97-031 Amendment #1 to include within the Specific Plan area a pool facility and entry gates within the 86 single family residential subdivision on 26 acres, located at the northwest corner of Jefferson Street and 48th Avenue; and, WHEREAS, the Planning Commission for the City of La Quinta, California, did on the 11 th day of May, 1999, hold a duly noticed Public Hearing to consider Specific Plan 97-031 Amendment #1 to include within the Specific Plan area a pool facility and entry gates within the 86 single family residential subdivision on 26 acres, located at the northwest corner of Jefferson Street and 48th Avenue, more specifically described as: A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29 TOWNSHIP 5 SOUTH RANGE 7 EAST SAN BERNARDINO MERIDIAN WHEREAS, the proposed Village on the Green is an implementation action under the La Quinta Redevelopment Plan for Project Area #2. An Environmental Impact Report (EIR) was certified for this Plan by the City Council (State Clearing House #88041 1 1 1). Pursuant to Public Resources Code 21090, all actions taken to implement a Redevelopment Plan are deemed a single project and no further environmental review is necessary beyond analysis of project -specific impacts. No changed circumstances or conditions exist which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and argument, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval to justify approval of said Specific Plan 97-031, Amendment #1: That the proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Mixed/Regional Commercial which permits the residential uses proposed for the property and is consistent with the goals, policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. .,, 000004 S:ACity Clerk\Resolutions\CC reso SP97-031 Amd #1.wod Resolution 99- Specific Plan 97-031, Amendment #1 2. That the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety and general welfare in that development per the Specific Plan will provide for extensive public improvements and conforms to good land use practice by encouraging recreational amenities in the development of a single family detached residential neighborhood. 3. The Specific Plan Amendment is compatible with the zoning of adjacent properties in that the site is bounded by compatible residential uses with gated entries. 4. The Specific Plan Amendment is suitable and appropriate for the subject property provided the measures of the EIR and Conditions of Approval are met as the streets are private thereby allowing gated entries and the addition of a pool facility will be integrated within an approved park adjacent to the La Quinta Storm Channel, along the west side of the subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described Specific Plan Amendment request for the reasons set forth in this Resolution, and subject to the Conditions of Approval on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1st day of June, 1999 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk 000005 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 97-031, AMENDMENT #1 JUNE 1, 1999 Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 2. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 3. The letter dated April 22, 1998, from the property manager, Ecumenical Association for Housing, regarding the provision of transportation to surrounding services shall be included and implemented. 4. The plant palette specifications for tree calipher size shall be in conformance with nursery standards for the specific tree type. 5. Alternative wood fence options shall be pursued. 6. The design for the street light fixture shall be changed so that it is complementary to the Mediterranean period of architecture. FIRE DEPARTMENT: 7. Gate entrance openings shall not be less than 16-feet in width. All gates shall be located at least 40-feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 8. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Special forms are available from this office for the ordering of the Key Switch. This form must be authorized and signed by this office for the correctly coded system to be purchased. �Ll S:ACity Clerk\Resolutions\CC Coa SP 97-031 Amd #l.wpd 000007 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR A POOL FACILITY AND ENTRY GATES WITHIN A 26 ACRE SINGLE FAMILY RESIDENTIAL SUBDIVISION. CASE NO.: SITE DEVELOPMENT PERMIT 97-618, AMENDMENT #1 APPLICANT: CATELLUS RESIDENTIAL GROUP/LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did on the 1st day of June, 1999, hold a duly noticed Public Hearing to review the development plans for a pool facility and entry gates within a 26 acre single family residential subdivision; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of May, 1999, hold a duly noticed Public Hearing to review the development plans for a pool facility and entry gates within a 26 acres single family residential subdivision; and, WHEREAS, the Architectural and Landscaping Committee of the City of La Quinta, California, did on the 5th day of May, 1999, hold a public meeting to review the architectural and landscape plans for the pool facility within a 26 acres single family residential subdivision , more particularly described as: A PORTION OF THE SOUTHWEST HALF OF THE SOUTHEAST QUARTER OF SECTION 29 TOWNSHIP 5 SOUTH RANGE 7 EAST SAN BERNARDINO MERIDIAN WHEREAS, the proposed Village on the Green is an implementation action under the La Quinta Redevelopment Plan for Project Area #2. An EIR was certified for this Plan by the City Council (State Clearing House #88041 1 1 1). Pursuant to Public Resources Code 21090, all actions taken to implement a Redevelopment Plan are deemed a single project and no further environmental review is necessary beyond analysis of project -specific impacts. No changed circumstances or conditions exist which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 166; 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 of approval to justify a recommendation for approval to the City Council of said Site Development Permit 97-618 Amendment #1: ..,.1.•i 000008 S:\City Clerk\Resolutions\CCReso-SDP97-031 Amd#l.wpd Resolution 99- Site Development Permit 97-618, Amendment #1 1 . The proposed residential development is consistent with the City's General Plan in that the property is designated Mixed/Regional Commercial (M/RC). The Land Use Element (Policy 2-3.7) of the 1992 General Plan Update allows residential uses and associated amenities, gated entries , and pool facilities. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The proposed residential development is consistent with the goals and objectives of the Village on the Green Specific Plan in that the project enhances the subdivision recreational amenities and will comply with the development standards and design guidelines provided conditions are met. 3. The pool facility and entry gates will be consistent with the City's Zoning Code and the Village on the Green Specific Plan provided conditions are met. 4. The site design including the vehicular and pedestrian circulation of the proposed gated entries contributes to the high quality of residential development in the City. 5. The landscape design surrounding the proposed pool facility conforms to the Specific Plan plant palette. 6. The architectural design of the pool facility is compatible with the subdivision's architectural design in that the restroom/shower building uses similar building materials and colors. 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 City Council in this case; 2. That it does approve Site Development Permit 97-618 Amendment #1 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 1 st day of June, 1999 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: .�� 000009 S:\City Clerk\Resolutions\CCReso-SDP97-031 Amd#l.wpd Resolution 99- Site Development Permit 97-618, Amendment #1 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 000010 S:ACity Clerk\Resolutions\CCReso-SDP97-031 Amd#l.wnd RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 97-618, AMENDMENT #1 CATELLUS RESIDENTIAL GROUP/LA QUINTA REDEVELOPMENT AGENCY JUNE 1, 1999 The applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. The landscape plan shall be modified prior to issuance of the pool permit to shift the Acacia and Palo Verde trees away from the pool area. S:ACity Clerk\Resolutions\CC Coa SDP99-618 Amd #l.wpd 000011 ATTACHMENT #2 Planning Commission Minutes May I I , 1999 Commissioners Kirk/Abels to adopt Planning Commission Resolutio - 039 recommending to the City Council approval of General Plan Ame ment 99-062, subject to the Findings. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, anJorhairman Tyler. NOES: None. ABSENT: Commissioner Butlew4ABSTAIN: None. 14. It was moved and seconded by Commissioner Abels/Robbins to adopt Planning Commission Resolution 99-040 recogghending to the City Council approval of Specific Plan 84-004 Amendme 3, subject to the Findings and Conditions of Approval as amended: a. Condition #1: Upon City uncil approval, a memorandum noting that th/en ditio f Approval for development applications exist ila for review at City Hall, shall be recorded againsr with the Riverside County Recorder's office. b. CondiDelete any reference to Jefferson Street. c. CondiThe applicant shall be responsible for 50% of the cost fot 49t'' Avenue and Jefferson Street for City incurred expen ROLL CALLS: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. OES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 15. It as moved and seconded by Commissioners Robbins/Abels to adopt anning Commission Resolution 99-041 recommending to the City Council approval of Zone Change 99-090. OLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. D. Specific Plan 97-031 Amendment 41 and Site Development Permit 99-618 Amendment 41; a request of Catellus Residential Group for approval of entry gates and architectural and landscaping plans for a pool facility within the single family residential subdivision located south of Avenue 48, north of Avenue 50, west of Jefferson Street, and east of Washington Street. Chairman Tyler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. nonoI3 C:AMy Documents\WPD0CS\PC5-11-99.wpd I I Planning Commission Minutes May 11, 1999 2. Chairman Tyler asked if there were any questions of staff. Commissioner Kirk asked about Condition 93. Staff stated it could be addressed by the applicant. 3. Commissioner Kirk asked if the Fire Department was requesting the entrance to be 16 feet, or is it be mandatory. Staff will be recommending that it be 14 to 16 feet based on the Fire Department approval. 4. Chairman Tyler asked why the caliper tree size is not identified. Staff stated the Specific Plan identifies the size of the plant material. 5. Chairman Tyler asked if the City had an increased liability for the pool due to the City's assistance. City Attorney Dawn Honeywell stated the project is privately built and owned and therefore the City is not liable. 6. Commissioner Robbins questioned why two streets were named Bougainvillea. Staff would look into it. 7. There being no further question, Chairman Tyler asked if the applicant would like to address the Commission. Mr. John O'Brien, representing Catellus Residential Group, stated the purpose of the request. In regard to the concerns raised by the ALRC, they would be seeing that the foreman of the maintenance crews have a key to the pool restrooms for their use during their working hours. 8. Chairman Tyler stated his concern that there would not be enough room for two cars to go through the entry gate at one time. Mr. O'Brien stated there will be adequate space with a stacking lane at the entrance. 9. Chairman Tyler asked about the 16 versus 14 feet entrance required by the Fire Department. Mr. O'Brien stated they had met with the Fire Department and they did not indicate any problem. They will, however, be working with them to reword this condition. 10. Mr. O'Brien stated he had a concern regarding Condition #2 of the Site Development Permit as raised by the ALRC. They will adjust the location of the Palo Verde and Acacia trees, but object to the addition of Palm trees as they are being used to make a statement at the entrances, and do not want them in the pool area. He would like to request they not be required to make the adjustments. 11. Commissioner Kirk asked about the transportation to adjacent services. Mr. O'Brien stated this relates to the Senior Apartments take assist seniors in getting to various sites. It will be relevant if the apartment program moves forward. 000014 C:AMy Documents\WPDOCS\PC5-11-99.wpd 12 Planning Commission Minutes May 11, 1999 12. Chairman Tyler asked if anyone else would like to speak on this item. There being no further public comment, the public participation portion of the hearing was closed and opened to Commission discussion. 13. Commissioner Robbins noted that all the streets in the project were either "streets" or "boulevards" whereas "Avenida" and "Calle" were more in character with the City. Staff stated they would review the matter. 14. Commissioner Kirk stated it is an outstanding project for the City and he wholeheartedly supports it. 15. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 99- 042 recommending to the City Council approval of Specific Plan 97-031 Amendment #l, subject to the Findings and Conditions of Approval as modified: a. Condition #1: Upon City Council approval, a memorandum noting that the City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. b. Condition 47: "Gate entrance openings shall not be either 14 or 16 feet based on Fire Department approval. All ....." ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 16. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 99-043 recommending to the City Council approval of Site Development Permit 99-618, Amendment 41, as modified: a. Condition 42: deleted the use of Palm trees. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. E. Site Development Permit 99-603 Amendment #2; a re amko Development, Mazda Superstore, and Indio Chrysler C� approval to amend the building elevations, landscapinlopment plans for two of the three auto sales C:AMy Documcnts\WPDOCS\PC5-11-99.wpd 13 T-itit 4 aCry Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1, 1999 CONSENT CALENDAR: ITEM TITLE: Public Meeting on Landscape and Lighting STUDY SESSION: Assessment District No. 89-1, Fiscal Year 1999/2000 PUBLIC HEARING: RECOMMENDATION: Informational Public Meeting only. FISCAL IMPLICATIONS: The anticipated revenues identified in the Engineer's Report reflect assessments totaling $764,225 in Fiscal Year 1999/2000. BACKGROUND AND OVERVIEW: On May 18, 1999, the City Council adopted the following two (2) resolutions: ► Resolution No. 99-59 (Attachment 1), approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 1999/2000; ► Resolution No. 99-60 (Attachment 2), declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. 2. 3. 4. A description of the services to be provided throughout the District. Total costs necessary to provide all services described in the Engineer's Report. A diagram showing the boundaries of the District, including special benefit zones. An assessment schedule. TAPW DEPT\COUNCIL\1 999\990601 a. W pd The May 1999 Engineer's Report, prepared by City staff with the parcel reconciliation completed by MBIA MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 1999/2000. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 1999/2000 in comparison to the Fiscal Year 1998/99 Engineer's Report: FY 1998/99 FY 1999/2000 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 22,376 21,467 EDU Rate $35.60/EDU $35.60/EDU District Revenue $796,586 $764,225 The decrease in the assessment is due to an updated parcel reconciliation completed by MBIA MuniFinancial. The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The total proposed Landscape & Lighting Budget for 1999/2000 is $1,290,464. The total cost for exempt projects as indicated in the Preliminary Engineer's Report is $1 ,041 ,586. Last year the total estimate for exempt projects in the District was $884,488. The increase in cost for exempt projects is due to the addition of the following medians in the Engineer's Report: 1. Washington Street Median from Highway 1 1 1 to Avenue 48 2. Washington Median from Avenue 50 to Avenue 52 3. Avenue 50 Median from Washington Street to Eisenhower Drive 4. Miles Avenue Median from Washington Street to 1,000' east of Washington Street 5. Washington Street Median from the Whitewater Channel to the north City limit 6. Avenue 48 Median from Dune Palms Road to Jefferson Street 7. Eisenhower Drive Median from Avenue 50 to Coachella Drive The proposed 1999/2000 budget of $1,041 ,586 for exempt projects includes $965,276 for the total citywide benefit zone, $71 ,000 in capital equipment, and $5,310 for the North La Quinta Sub Zone expenses. As was the case in Fiscal Year 1995/96, Fiscal Year 1996/97, Fiscal Year 1997/98, and Fiscal Year 1998/99, it is proposed that the North La Quinta Sub Zones continue to be identified in the Engineer's Report and the expenses be funded from sources outside of the Landscape & Lighting Assessment District. In accordance with Proposition 218, assessments cannot be increased without a vote of the public during an election year in which City Officials are running for election. T:\PWDEPT\COUNC I L\1999\990601 a. wpd o 0 � Therefore, last year's assessment of $35.60 per EDU is proposed for the Fiscal Year 1999/2000 assessment. With the new parcel reconciliation, the estimated total revenue for the District is $764,225. The difference ($277,361) will be funded through the General Fund. The purpose of the Public Meeting is to allow affected property owners an opportunity to ask questions of the Council and staff regarding the District and to provide public testimony regarding the proposed changes. A Public Hearing has been noticed for the June 15, 1999 City Council Meeting. The purpose of the Public Hearing is to allow affected property owners an opportunity to submit written protests regarding the proposed changes outlined in the Preliminary Engineer's Report. The proposed fee levels are not approved at this time. Only after the Public Meeting and Public Hearing have been conducted, can the Council adopt assessment fees for Fiscal Year 1999/2000. FINDINGS AND ALTERNATIVES: The purpose of the Public Meeting is to provide affected property owners an opportunity to ask the City Council and staff questions pertaining to the proposed changes to the Landscape and Lighting Assessment District 89-1 for Fiscal Year 1999/2000, as outlined in the Preliminary Engineer's Report, dated May 1999. Therefore, there are no recommendations or alternatives at this time. Respectfully submitted, ti Chris A. Vogt, P.E. Public Works Director/City Engineer Approved for Submission by: f homas P. Genovese, Ci anager Attachments 1 . Resolution 99 2. Resolution 99-60 TAPWDEPT\C0UNCIL\1999\990601 a.wpd ATTACHMENT 1 RESOLUTION NO. 99-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 1999/2000 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Council of the City of La Quinta, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did on April 6, 1999, order the City Engineer, Chris A. Vogt, P.E., to prepare and file a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, for the Fiscal Year commencing July 1, 1999 and ending June 30, 2000 in connection with La Quinta Landscape and Lighting Assessment District 89-1; and WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1 , Preliminary Engineer's Report" (the "Report); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1 . The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED this 18t" day of May, 1999 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOHN J. PEIVA, Mayor City of La Quinta, California 005 T:\PWDEPT\COUNCIL\1 999\990601 a.wpd Resolution No. 99-59 Adopted: 5/18/99 Page 2 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 00G ATTACHMENT 2 RESOLUTION NO. 99-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council by its Resolution No. 89-9 initiated proceeding pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment "District No. 89-1 ", shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within proposed La Quinta Landscape and Lighting Assessment District No. 89-1 for the Fiscal Year commencing July 1, 1999 and ending June 30, 2000 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the proposed La Quinta Landscape and Lighting Assessment District No. 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1 . The City Council of the City of La Quinta (hereinafter referred to as the "City Council") has previously formed Landscape and Lighting District No. 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). 007 T:\PWDEPT\COUNCIL\1999\990601 a.wpd RESOLUTION NO. 99-60 Section 2. The City Council hereby finds: 1) that the maintenance and operation of projects identified in the Preliminary Engineer's report for this District No. 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, and 2) that the public interest requires, and 3) declares its intention to levy and collect assessments for the fiscal year commencing July 1, 1999 and ending June 30, 2000 to pay for the costs and expenses of the improvements described in Section 4 hereof. Section 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. Section 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 5. Notice is hereby given that the 1 st day of June 1999, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. Section 6. Notice is hereby given that the 15th day of June 1999, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Assessment District 89-1 . Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. Section 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. v 3 008 RESOLUTION NO. 99-60 PASSED, APPROVED AND ADOPTED this 18th day of May 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 00)