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2010 02 23 PCCity of La Quinta Planning Commission Agendas are now available on the City's Web Page @ www.la-quinta.org OF T� PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California FEBRUARY 23, 2010 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2010-003 Beginning Minute Motion 2010-003 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of February 9, 2009. V 1yjI PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item .................. CONDITIONAL USE PERMIT 2009-124 Applicant........... T-Mobile West Corporation Location............ 78-998 Miles Avenue — Family Heritage Church Request ............. Consideration to Allow for the Placement of a Seventy (70) Foot Tall Monopalm Tower and an Equipment Enclosure Within the Family Heritage Church Parking Lot. Action ................. Resolution 2010- B. Item .................. ENVIRONMENTAL ASSESSMENT 2009-607, GENERAL PLAN AMENDMENT 2009-120, ZONE CHANGE 2009- 138, TENTATIVE TRACT MAP 35996 Applicant........... Shea Homes for Travertine Corp. Location............ East of the CVWD Dike #4, Between Avenues 60 and 62, and West of the Trilogy Project Request.. ........... Consideration of: 1) a General Plan Amendment for 9.02 Acres from Low Density Residential with an Agricultural/Equestrian Overlay to Medium Density Residential, 2) a Zone Change from Low density Agriculture/Equestrian Residential to Medium Density Residential, and 3) Tentative Tract Map to Subdivide the 9.02 Acres into 36 Single Family Lots and Several Miscellaneous Lots, All of Which Will Become a Part of Trilogy. Action ............... Resolution 2010- Resolution 2010- Resolution BUSINESS ITEM: 2010- , and Resolution 2010- VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of February 16, 2010, by Commissioner Wilkinson. B. Chairman Alderson is scheduled to attend the March 2, 2010, City Council meeting. IX. DIRECTOR ITEMS: X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Special Joint Meeting, with the City Council, to be held on February 25, 2010, at 5:30 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, February 23, 2010 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, 51-321 Avenida Bermudas, on Friday, February 19, 2010. DATED: February 19, 2010 oaBftA. CAROLYN WALKER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 9, 2010 CALL TO ORDER 7:02 P.M. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson ABSENT: None STAFF PRESENT: Planning Manager David Sawyer, and Executive Secretary Carolyn Walker.. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: It was moved by Commissioners :Barrows/Weber to approve the minutes of January 26, 2010, as ,submitted. Unanimously approved. V. PUBLIC HEARINGS A. .Continued —,Conditional Use Permit 2009-122; a request by WFI, Inc. (for Sprint) for consideration to allow for the co -location of three panel antennas, three microwave antennas and one equipment cabinet for an existing telecommunication monopalm tower located at 77-865 Avenida Montezuma; Desert Recreation District (DRD) — La Quinta Community Park. Planning Manager David Sawyer presented the staff report, a copy of which is on file in the Planning Department. He noted that staff had recently received a request, from the property owner (DRD), for a 30- day continuance of this application. Planning Commission Minutes February 9, 2010 Chairman Alderson asked if there were any questions of staff. There being no questions of the staff, Chairman Alderson asked if there was any public comment. There being no questions, or any public comment, Chairman Alderson opened the matter for Commission discussion. There was no discussion and it was moved and seconded by Commissioners Quill/Wilkinson to continue Conditional Use Permit 2009-122 to the March 9, 2010 meeting., Unanimously approved. B. Continued — 2008 La Quinta Housing Element; a request by the City of La Quinta for consideration of a recommendation for adoption of the proposed draft of the 2008' La Quinta Housing Element Update document. Planning Manager David Sawyer presented the staff report and explained the continuing challenges with obtaining State approval. He then requested this itembe: removed from calendar and said it would be re -advertised for presentation at a future meeting. Chairman Alderson asked if there were any questions from the Commissioners. Commissioner Wilkinson asked if, the numbers would be updated when it- was brought back.. Staff, ;said the data would remain the same, explained what the issues were and what processes they were following to resolve the issues with the State. Commissioner, comments were made regarding the length of time it is `taking to get approval and concern over the lack of State cooperation. There being no further questions or comments by the Commissioners, it was moved and seconded by Commissioners Wilkinson/Quill approving staff's request to remove the 2008 La Quinta Housing Element from calendar to be re -advertised and presented at a later date. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None 2 Planning Commission Minutes February 9, 2010 VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of February 2, 2010, from Commissioner Weber. (A brief summary of the meeting was given followed by discussion of several items.) B. Chairman Alderson noted Commissioner Wilkinson was scheduled to report back on the February 16, 2010, Council meeting. IX: DIRECTOR ITEMS: A. Planning Manager David Sawyer reminded the Commissioners about the Joint Council Meeting of February 25, 2010, at 5:30 p.m. Discussion followed regarding the agenda for the meeting and tentative schedules for follow-up with the Commission and Council. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Commissioner Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on February 23, 2016. This regular, meeting was adjourned at 7:17 p.m. on February 9, 2010. Respectfully submitted, Carolyn, Walker, Executive, Secretary City of La: Quinta, California 3 PH#A PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 23, 2010 CASE NO.: CONDITIONAL USE PERMIT 2009-124 APPLICANT: T-MOBILE WEST CORPORATION REQUEST: CONSIDERATION TO ALLOW THE PLACEMENT OF A SEVENTY (70) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE WITHIN THE FAMILY HERITAGE CHURCH PARKING LOT LOCATION: 78-998 MILES AVENUE — FAMILY HERITAGE CHURCH (ATTACHMENT 1) PROPERTY OWNER: FAMILY HERITAGE CHURCH GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR) ZONING: LOW DENSITY RESIDENTIAL (RL) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THIS IS AN IN -FILL PROJECT SURROUNDED BY URBAN SERVICES AND EXISTING IMPROVEMENTS SURROUNDING LAND USES: NORTH: LOW DENSITY RESIDENTIAL (RL) SOUTH: LOW DENSITY RESIDENTIAL (RL) EAST: LOW DENSITY RESIDENTIAL (RL) WEST: MEDIUM HIGH DENSITY RESIDENTIAL (RMH) BACKGROUND: Family Heritage Church was established in 1985, under Public Use Permit 1984- 001, and Plot Plan 1985-139. In 2005, the Church received approval to construct two additional classroom buildings west of the main building (SDP 2005-825). The church occupies 6.84 acres on the northwest corner of Adams Street and Miles Avenue (Attachment 1). The Church and ancillary buildings are located in the middle of the site; the northern and southern portions of the site remain graded and maintained. The northern -most portion of the site is covered by crushed granite rocks and boulders and serves as the Church's retention basin. RFQl1FST- T-Mobile, Inc. is requesting to install a seventy (70) foot tall monopalm tower, three antenna arrays each with four (4) antennas, one (1) microwave antenna, and an equipment enclosure within the Family Heritage Church parking lot (Attachment 2 and 3). The applicant has received property owner approval for the tower and is registered and licensed with the FCC (Attachments 4 and 5). The monopalm tower is designed to resemble a "fan" palm. The proposed tower will include a dense covering of faux palm fronds intended to screen the antenna arrays and panel and microwave antennas. Each palm frond is approximately eight (8) feet in length and is attached securely to the top of the tower. Each antenna array can accommodate up to four panel antennas. Each antenna array is approximately six (6) feet in length and will separate each of the four attached antennas by two (2) feet (Attachment 2, pg. A-2). Each panel antenna is approximately four (4) feet in length and will be painted to match the faux palm fronds. The panel antennas are attached to the tower at a height of sixty-three (63) feet. The proposed microwave antenna is two (2) feet in diameter. The microwave antenna will be attached below the antenna arrays, at a height of fifty-three (53) feet. The microwave antenna will be painted to match the monopalm trunk and will be screened by the placement of palm fronds (Attachment 2, pg. A-3). The proposed antennas will increase service options in and around this portion of the City (Attachment 6). In addition to the placement of the monopalm tower, the applicant has proposed to construct an unmanned equipment shelter at the site (Attachment 2, pg. A-2). The equipment shelter will occupy two -and -a -half parking spaces, located adjacent to the proposed tower. The equipment shelter will be enclosed by an eight (8) foot high CMU block wall and will screen all the proposed mechanical and electrical equipment associated with the tower and antennas (Attachment 2, pg. A-3). In addition, the applicant has proposed to plant bougainvillea vines around the perimeter of the enclosure to improve the aesthetic appearance of the enclosure and to match the existing landscape palette at the site. P1 ANALYSIS: Chapters 9.170 of the Zoning Code, regulates the use of Communication Towers and Equipment. This section establishes setbacks and operational standards for newly proposed towers and collocation of existing towers. The applicant has met the intent of this code section and has complied with the setback, operations and screening requirements set forth in this section. The proposed equipment enclosure will occupy a total of three (3) parking stalls at the site. Per the original church approval, and subsequent Site Development Permits (SDP 2005-825), the church is over -parked by approximately sixty (60) parking stalls. Staff has reviewed the City of La Quinta's Municipal Code and has confirmed that the site is moderately over -parked. The loss of three (3) parking stalls to accommodate the equipment enclosure is expected to have a nominal impact on parking availability and circulation at the site. The proposed height of the CMU wall enclosure is eight (8) feet. The applicant has proposed the eight (8) foot high CMU wall to ensure proper screening of all equipment within the enclosure; no equipment within the enclosure will be visible. Per Section 9.60.030 (Residential Fences and Walls) the maximum wall height within the buildable area of a site is twelve (12) feet. The proposed wall is in compliance with the design and height requirements set in this section. The proposed placement of the bougainvillea vines match the existing landscape palette at the site and will improve the aesthetic appearance of the enclosure. The proposed monopalm tower is designed to resemble a fan palm. The design of the monopalm improves the aesthetic appearance of the tower and attempts to mimic the palm tree. The applicant has proposed to place the monopalm tower adjacent to five existing palm trees. The surrounding palm trees range in heights between nineteen (19) feet and thirty (30) feet. In addition, the applicant has agreed to the Church's request to place three additional palm trees, one each at the remaining three corners of the grass area. The intent of the plantings is to balance the site and improve the aesthetics around the tower. The proposed monopalm tower is seventy (70) feet in height. Per L.Q.M.0 Section 9.170.060, setbacks for towers are established at a distance of the towers' height plus twenty-five (25) feet from surrounding property line. Therefore, the proposed monopalm tower must be located ninety-five (95) feet away from surrounding property lines (70' tower + 35' setback = 951. The intent of the setback standards is to minimize the tower's impact on surrounding properties. The tower is located approximately 145 feet from the western property line (Vista Dunes) and approximately 135 feet from the eastern property line (Adams Street). The towers' location complies with all setback standards set by the municipal code. 3 The towers' faux palm fronds extend approximately two (2) feet beyond the length of the antenna arrays and help to screen the antennas and electrical wiring from surrounding public views. The proposed microwave antenna will be screened from public view by placing additional downward -facing faux palm fronds to cover the antenna. The downward -facing palm fronds will extend approximately sixteen (16) inches below the antenna. The proposed height of the antennas will not cause significant radio frequency (RF) interference with existing and approved telecommunication services in the area. The proposed antennas will increase service options for customers within this portion of the community. Attachment 6 provides visual representation of how services are expected to increase; green areas show the greatest amount of service improvement, while yellow and grey shows area expected to receive marginal service improvements. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on February 4, 2009, and mailed to all affected property owners within 500 feet of site as required by Section 9.200.110 of the La Quinta Municipal Code. PUBLIC AGENCY REVIEW: A copy of this request has been sent to all applicable public agencies and City Departments on January 13, 2010. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. CEQA: The proposed Conditional Use Permit is categorically exempt from environmental review pursuant to provisions of Section 15332 (Class 32) of the California Environmental Quality Act, in that this is n in -fill project surrounded by urban services and existing improvements. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2010- approving Conditional Use Permit 2009-124, for the placement of a seventy (70) foot tall monopalm tower, three antenna arrays each with four (4) antennas, one (1) microwave antenna, and an equipment enclosure for T-Mobile, Inc., subject to the attached Findings and Conditions of Approval. Prepared by: Planner Attachments: 1. Location 2. Improvement Plans 3. Photo Simulations 4. Property Owner Approval 5. FCC Approval 6. RF Coverage Map 5 PLANNING COMMISSION RESOLUTION 2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PLACEMENT OF A SEVENTY (70) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE WITHIN THE FAMILY HERITAGE CHURCH PARKING LOT CASE NO.: CONDITIONAL USE PERMIT 2009-124 APPLICANT: T-MOBILE WEST CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of February, 2010, hold a duly noticed Public Hearing to consider a request by T-Mobile West Corporation, to allow the placement of a seventy (70) foot tall monopalm tower and equipment enclosure within the Family Heritage Church parking lot, located at 78-998 Miles Avenue, in the RL (Low Density Residential) district, more particularly described as: APN: 604-032-026 WHEREAS, on the 13`h day of January, 2010, the Planning Department mailed case file material to all affected agencies for their review and comment, with all written comments received on file with the Planning Department; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 4" day of February, 2010, for the 23`d day of February, 2010, Planning Commission meeting as prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code, and by mailing a copy of said public hearing notice to all property owners and residents within 500 feet of the site; and WHEREAS, the placement of the monopalm tower near existing palm trees will minimize adverse visual effects of the antennas and equipment on the surrounding area; and WHEREAS, the communication facility will improve telecommunication service options within the City of La Quinta; 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 Planning Commission did make the following mandatory findings no Planning Commission Resolution 2010- Conditional Use Permit 2009-124; T-MOBILE WEST CORP. February 23, 2010 pursuant to Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: Consistency with the General Plan: The design and improvements of the proposed monopalm tower and equipment enclosure are consistent with La Quinta General Plan (Chapter 7) that requires utilities and communication facilities to blend in with the surrounding improvements and insures residents have access to reliable services such as wireless telephones. The placement of the monopalm tower at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Consistency with the Zoning Code: The placement of the monopalm tower and equipment enclosure are consistent with current standards of the Zoning Code (Chapter 9.90 and 9.170) in that the potential adverse visual effects have been mitigated, and all perimeter setback requirements have been met. 3. Compliance with CEQA: The placement of the monopalm tower and equipment enclosure have been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is fully developed as a community religious institution that is surrounded by urban infrastructure improvements (e.g., roads, water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located on an existing built site. The proposed monopalm and equipment enclosure are consistent with the surrounding architectural theme and public facility improvements. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2009-124 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; Ill Planning Commission Resolution 2010- Conditional Use Permit 2009-124; T-MOBILE WEST CORP. February 23, 2010 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of February, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California M PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 GENERAL 1 . The applicant 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 Conditional Use Permit. The City shall have sole discretion in selecting its defense council. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain applicable permits and/or clearances from the following agencies, if applicable or required: • Riverside County Fire Marshall • Public Works Department (Grading Permit, Improvement Permit) • Planning Department • Riverside County Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District Coachella Valley • Public Utilities Commission (PUC) • Federal Communication Commission (FCC) • Federal Aviation Agency (FAA) The applicant is responsible for all requirements of the permits or clearances from the above listed agencies and departments. When the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 3. The applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments 0 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 required by these conditions, if the applicant requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and the applicant's failure to make such payment shall be a material breach of the Conditions of Approval. 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. 4. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 5. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Non-Residential/Commercial Precise Grading Plan: 1 " = 20' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building and Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Conditional Use Permit when it is submitted for plan checking. 10 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 In addition to the normal set of improvement plans, an "On -site Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On -site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 6. Upon completion of construction, and prior to record drawing submittal of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing Record Drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easements to the City of La Quinta for the purposes of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over the best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to aforementioned, the applicant shall submit and execute an 11 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department counter prior to Certificate of Occupancy. PRECISE GRADING 8. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 9. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 10. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 11. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 12 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 12. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches (18") behind the curb. 13. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Condition Use Permit 2009-124, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 14. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 15. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 16. Stormwater handling shall conform with the approved hydrology and drainage report for the Family Heritage Church project. Nuisance water shall be disposed of in an approved manner. 13 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 I ITII_ITIFS 17. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 18. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and 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 practical and aesthetic purposes. 19. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located so as to not conflict with access aisles/entrances. MAINTENANCE 20. The applicant shall comply with the provisions of LQMC Section 13.24.160, and shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from its responsibility by the appropriate public agency. FEE AND DEPOSITS 21. 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. FIRE DEPARTMENT 22. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. If the buildings are 14 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 protected with an alarm system the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 23. The applicant shall install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 square feet and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 feet above finished floor, measured to the top of the fire extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their location. Extinguishers must have current CSFM service tags affixed. 24. No hazardous material shall be stored and/or used within the building, which exceeds quantities listed in 2007 CBC. No Class I, II, or IIIA of combustible/flammable liquid shall be used in any amount in the building. 25. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 CBC. 26. Provide information indicting contact in events of emergency. Post information on gate leading to wireless facility. Ensure that materials used for posting are weather-proof resistant. 27. Nothing in the Fire Department's review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to the Fire Department at (760) 863-8886. MISCELLANEOUS 28. The improvements to the site shall comply with the drawings submitted as part of this Conditional Use Permit. 29. The applicant shall not occupy more than three (3) parking stalls for the equipment enclosure improvements. The enclosure shall not extend past the existing curb (to the north) and shall not extend into the drive aisle (to the 15 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 west). The enclosure shall be constructed of a decorative CMU block wall, not to exceed a height of eight (8) feet, measured from finish floor. 30. The applicant shall make planting and irrigation improvements for the planting of "bougainvillea" vines around the perimeter of the wall enclosure. The applicant shall provide a planting area, with a depth of at least eighteen (18) inches, along the western perimeter of the equipment enclosure to accommodate planting and irrigation improvements. 31. None of the equipment, GPS antennas, cabinets, or other items associated with this facility and contained within the equipment enclosure shall be visible above the wall. 32. The applicant shall install a single monopalm tower not to exceed seventy (70) feet in height measured from finish floor to the top of the towers fronds. The tower shall contain a maximum of three antenna arrays, for a total of twelve (12) panel antennas. The panel antennas shall not exceed a height of sixty-five (65) feet. 33. The applicant shall ensure adequate screening of the microwave antenna. The microwave antenna shall be painted to match the trunk of the tower and shall be placed at a height of fifty-three (53) feet. The applicant shall install additional downward -facing palm fronds to obscure the view of the microwave antenna. The final design of the screening material shall be approved by the Planning Department Director. 34. No cables, conduit or other equipment on the monopalm tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monopalm tower cavity. All ground equipment shall be placed within the equipment enclosure. 35. Prior to sign off of building plans, the applicant shall provide the Planning Department with evidence that the tower can accommodate potential future collocation capacity with adequate screening. 36. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information 16 PLANNING COMMISSION RESOLUTION 2010- CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - RECOMMENDED February 23, 2010 are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 37. The entire facility shall be maintained in a condition consistent with the conditions of this approval with no visible deterioration of the faux palm treatment and all landscaping in a live healthy status. If the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 38. This permit shall expire on February 23, 2012, unless a one-year time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 17 ATTACHMENT 1 I �Oks�' F N LSEi �S$ iS' W r n �� H� CY a W g c � i-,�;1 Z#ti e � r Oa 3 �s�Yp � 3`•„g � oo ui ig Em! LL! Q y `50 0 � RIM osSF. 4i �w a i�'Wsv 2 s„ P] LU o LU w a o a'�i'$o ig �Jnn 7 y Y �1� Z L .'". 5 pR un $uc _ 'o3o Wy3 J y pe8'2 S rz� mn- x W W W xS o3 �ry}ry}d3$ J 3 � ��d� °• =g�gC��� 99Fr�$ k 19 F0 i i �• I I li I I I I a 1. 5„= ---- y `{ S Y � � A k8 � II I 20 T Q Q J i 21 glFm� h W c7 Z a o W Q L_ ------------- z � a N lu lu Q W o 4 m wg3 _ z 1\ / yp4 Q a 22 23 LM r Z W U Q d 9 a as 24 f e a 1 9 9 .8 c � 26 I a � �q oa ATTACHMENT 4 •T• ■ .Mobile•" USA Project Office t L sf i MOIJ-11 \, l OWNER -AGENT LETTER OF AUTHORIZATION T-Mobile We54 C64-P' At no expense to owner, owner or authorized agent of owner, ("Owner") authorizes Reliant Land Services. ("Agent") acting as an agent for GmT11PU111L erinurunicat on, ., a subsidiary of T-Mobile USA Inc., a Delaware Corporation ("Applicant"), to apply for and obtain any and all necessary entitlements including, but not limited to, building and zoning permits associated with the application by Applicant to use the Property Location noted below ("Property") as a Telecommunications Site ("Site"). Owner of the Property also authorizes Agent to review and copy any Planning or Building Department records in regard to the Property. It is understood that any applications may be denied, modified, or approved with conditions and that such conditions or modifications must be complied with prior to issuance of zoning, use, or building permits. Additionally, Owner authorizes Agent no cost to the Owner, to perform any such tests necessary to determine the suitability of the property for use as an Applicant's Site. Such tests include, but are not limited to: soil tests, structural analysis, lead/asbestos test, environmental tests, and radio frequency/coverage testing. Agent: Reliant Land Services Maryann Harwood, Agent for T-Mobile 1594 N. Batavia Street Orange, CA 92867 Ph 847-571-2738 Fax 714-685.0125 Applicant: T-Mobile West Corporation, a Delaware Corporation 3 MacArthur Place, Suite #1100 Santa Ana, CA 92707 Owner: Family Heritage Church of the Valley Inc., a California corporation 78998 Miles Ave La Quinta, CA 92253 Assessor's Parcel No.: 604-032-026-7 Project Name & Number: Family Heritage Church IE25790A Property Location: 78998 Miles Ave La Quinta, CA 92253 Date: /Z O % Ow or Authori nt Signature Date: aZ OQ — Owne66r Authorized AggWSignature W ATTACHMENT 5 16 Federal Communications Commission Wireless Telecommunications Bureau c a RADIO STATION AUTHORIZATION LICENSEE: OMNIPOIN'r NY MTA LICENSE, LLC ATI-N: DAN MENSER OMNIPOINT NY MTA LICENSE, LLC 12920 SE 38TH STREET BELLI VUE, WA 98006 FCC Registration Number (FRN): 0002145696 '7! Call Sign File Number WPZY684 0002988544 Radio Service CW - PCS Broadband Grant Dnte Effeclivu Date Expiration Date Print Date 02-28.2007 OS-22-2007 01-03.2017 _11-03-2007 Market Number Channel Block I Sub -Market Designator BTA262 C 2 Market Name — — --- Los Angeles, CA 1st Build -Out Date 2ntl Build -Out Date 3rd Build -Out Date 4th Build•Ou. Date 12-07-2003 T 01-03-2007 Wuivers/Conditions: This authorization is subject to the condition that, in the event that systems using the same frequencies as granted herein are authorized in an adjacent foreign territory (Canada/United States), future coordination of any base station transmitters within72 km (45 miles) of the United States/Canada border shall be required to eliminate any harmful interference to operations in the adjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries. This authorization is conditioned upon the full and timely payment of all monies due pursuant to Sections 1.2110 and 24.711 of the Comanission's Rules and the terms of the Commission's installment plan as set forth in the Note and Security Agreement executed by the licensee. Failure to comply with this condition will result in the automatic cancellation of this authorization. Pursuant to Order DA 03-617 (rel. March 3, 2003), the designated entity holding period for this license is extended by 703 clays, or until the licensee meets its five-year construction requirement, whichever is sooner. Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor tiny right in the use of the frequencies designated in the license beyond the tern thereof' nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, ns intended. See 47 U.S.C. §606. To view the geographic areas associated with the license, go to the Universal Licensing System (ULS) homepage at littp:Hwireless.fcc.gov/uls and select "License Search". Follow the instructions on how to seturh for license information. Page I of 2 FCC 601-MB August 2007 29 � \� qm m ,;a WE PH#B PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 23, 2010 CASE NOS: ENVIRONMENTAL ASSESSMENT 2009-607, GENERAL PLAN AMENDMENT 2009-120, ZONE CHANGE 2009-138, TENTATIVE TRACT MAP 35996 APPLICANT: SHEA HOMES OWNER: TRAVERTINE CORPORATION REQUEST: CONSIDERATION OF: 1) A GENERAL PLAN AMENDMENT FOR 9.02 ACRES FROM LOW DENSITY RESIDENTIAL WITH AN AGRICULTURE/EQUESTRIAN OVERLAY TO MEDIUM DENSITY RESIDENTIAL, 2) A ZONE CHANGE FROM LOW DENSITY AGRICULTURE/EQUESTRIAN RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND 3) TENTATIVE TRACT MAP TO SUBDIVIDE THE 9.02 ACRES INTO 36 SINGLE FAMILY LOTS AND SEVERAL MISCELLANEOUS LOTS, ALL OF WHICH ARE TO BECOME PART OF THE TRILOGY PROJECT LOCATION asli Ih [cip GENERAL PLAN DESIGNATION: ENVIRONMENTAL DETERMINATION: EAST OF THE CVWD DIKE #4, BETWEEN AVENUES 60 AND 62, AND WEST OF TRILOGY PROJECT LOW DENSITY AGRICULTURE/EQUESTRIAN RESIDENTIAL LOW DENSITY RESIDENTIAL WITH AN AGRICULTURE/ EQUESTRIAN OVERLAY THE LA QUINTA PLANNING DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT 2009-607 FOR GENERAL PLAN AMENDMENT 2009-120, ZONE CHANGE 2009-138, AND TENTATIVE TRACT 35996 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE PLANNING DIRECTOR HAS DETERMINED THAT WITH MITIGATION THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND THEREFORE RECOMMENDS A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. p\reports - pc\2010\2-9-10\shea homes ea, gpa, zc, ttm.doc SURROUNDING ZONING/LAND USE: NORTH: MEDIUM -HIGH DENSITY RESIDENTIAL / TRILOGY PROJECT SOUTH: LOW DENSITY AGRICULTURE/EQUESTRIAN RESIDENTIAL / VACANT LAND EAST: MEDIUM -HIGH DENSITY RESIDENTIAL / TRILOGY PROJECT WEST: OPEN SPACE / CVWD DIKE #4 BACKGROUND: The subject property is located south and west of the Trilogy project in south La Quinta generally west of Monroe Street, between Avenues 60 and 62 (Attachment 1). The 9.02 acre is a wedge shape vacant property bordered by an earthen CVWD Dike #4 to the west and the back yards of Trilogy residences to the east and north. To the south is a vacant triangular shaped property. The property is landlocked with no public street frontage. The adjacent Trilogy project is a 522 acre, adult (55+years old) community consisting of 1,202 residences and began construction in 2003 (Attachment 2). The project is approximately 94% complete at this time. Riverside County originally approved a large Specific Plan of which Trilogy was a part of. The subject property along with several surrounding properties was annexed into La Quinta in 2003. The proposed 36 lots, which are not a part of the specific plan, will become a part of the Trilogy project. Access to the project site will be through Trilogy providing access to Avenue 60 and Monroe Street. The subject property was rough graded in approximately March of last year. The grading followed the general contours of this subdivision proposal. The grading was conducted as soil was exported to the last phase of the Trilogy project which is located southeast of the subject site. A Mitigated Negative Declaration was approved by the City to allow the grading project to proceed. PROPOSAL: General Plan Amendment: Presently, the General Plan designates the property as Low Density Residential with an agriculture/equestrian overlay (Attachment 3). In order to allow lot sizes and density similar to the adjacent Trilogy project, the applicant has requested to change the General Plan designation to Medium Density (allows up to 8 dwelling units per acre [du/acj)• The proposed gross density for the subject property is 3.99+ dwelling units per acre. The General Plan designation of the adjacent Trilogy project is Medium -High Density Residential (which allows up to 12 du/ac)• 0) p\reports - pc\2010\2-9-10\shea homes ea, gpa, zc, ttm.doc Zone Change: The subject property is zoned Low Density /Agriculture/Equestrian Residential which mirrors the current General Plan land use designation (Attachment 3). This zoning requires minimum 10,000 square foot residential lots and allows a single family residence and associated agricultural and limited equestrian uses. The request is to rezone the property to Medium Density Residential which allows at densities of up to 8 dwelling units per acre and development similar to the adjacent Trilogy development. The zoning of the adjacent Trilogy project is Medium High Density Residential. Tentative Tract Map: Proposed is a subdivision consisting of 36 single family lots varying in size from 6,255 to 11,046 square feet on 9.02 acres (Attachment 4). The average lot size of the 36 proposed residential lots is 7,546 square feet. This Tentative Tract Map will increase the number of single family lots within the Trilogy boundaries from 1,202 to 1,238. The tract will be recorded and developed in one phase. Tract configuration and circulation is generally laid out in a "U" shape with two cul- de-sac ends or bulbs adjacent to the west property line. Access will be provided from the east through an undeveloped lot (Lot 48) in Trilogy. This ungated street access will be an extension of Ulrich Drive to the east in Trilogy and will intersect with Living Stone Drive, a north -south running street. The street extension of Ulrich Drive leading into the tract is shown at 30' wide with rolled curbs which does not permit on -street parking. The remaining interior streets which the lots front on will be 36' wide with wedge curbs which allows parking on both sides. This street width and design is consistent with the streets in Trilogy. At the southeast corner of the site a north -south running street is shown ending at the south property line. This could provide future access to the vacant property to the south. Two landscaped retention basin lots will be provided (Attachment 4). The larger of the two, a 41,735 square foot basin, is in the center of the site and will receive any off -site runoff from the dike to the west. The second basin in the northeast corner of the site will receive most of the on -site tract runoff. The retention basins are shown with turf on the basin floors and low water use trees, shrubs and groundcovers proposed along the sloped perimeters. A third common area lot is proposed along the west perimeter of the tract. This lot will contain a concrete sway and gather any off -site dike runoff from the west and funnel it to the larger on -site retention basin. The proposed tract abuts the existing rear yards of Trilogy residences on the north and east property lines. Along the east side of the tract the proposed lot finish pad heights of the proposed lots are less than one-half foot higher than the existing 3 p\reports — pc\2010\2-9-10\shea homes ea, gpa, zc, ttm.doc adjacent Trilogy lots. Along the north side of the proposed tract the new lots are generally lower than the existing adjacent Trilogy lots except for Lot 13 which is approximately one-half foot higher than the adjacent residence in Trilogy. The residences proposed to be constructed on the lots will be the same as those existing and being built in Trilogy. A Site Development Permit application has been submitted for processing to allow those units on this property, as well as approve the proposed front yard and retention basin landscaping plans. r11�kiY11%V LIC General Plan Amendment and Zone Change: The applicant intends to develop the site with a similar development pattern to what exists in Trilogy. In order to accomplish this a General Plan amendment from Low Density Residential with an Agriculture/Equestrian Overlay and zoning change from Low Density Agriculture/Equestrian Residential to Medium Residential is necessary. Medium Density Residential allows densities up to 8 dwelling units per acre. The proposed project density is essentially 4 (3.99+) du/ac, which is in conformance with a Medium Density Residential designation. Trilogy's density is 2.3 du/ac when the golf course is included in the calculation. However, the density would be in the same range as the proposed tract if the golf course is not included in the calculation as the residential lots in Trilogy are similar in size to the proposed lots. The General Plan land use designation and zoning for the adjacent Trilogy project is Medium -High Density. As previously noted, the Trilogy project density is considerably lower than the maximum 12 du/ac allowed under the Medium -High designation. The Trilogy project is within the Coral Mountain Specific Plan, which includes development standards consistent with the density that has developed. Thus, the proposed Medium Density designation is compatible with the adjacent development to the north and east. Tentative Tract Map: The project site's remote location away from public street access and its relatively small size provides a unique development challenge. Because of its location adjacent to Trilogy, developing it consistent with the development pattern of Trilogy is logical. The proposed layout provides an acceptable solution for development of the property. Access through Trilogy's street system solves the property's "landlocked" location and the dead end access along the south property line provides a potential future access for the property to the south. The lot layout, size and design are acceptable and compatible with the adjacent Trilogy project, which this tract will essentially become a part of. The two retention basins provided within the tract will assure there are no drainage issues from on or off site storm water. 0 p\reports - pc\2010\2-9-10\shea homes ea, gpa, zc, ttm.doc CEQA: The Environmental Assessment prepared for this request (General Plan Amendment 2009-120, Zone Change 2009-138, and Tentative Tract Map 35996) adequately addresses all environmental impacts as required by the requirements of the California Environmental Quality Act of 1970, as amended. Certification of a Negative Declaration for this project includes noise mitigation measures which will ensure the project will not have a significant adverse impact on the environment. Public Notice and Agency Review: This request was published in the Desert Sun newspaper on February 12, 2010. A copy of this request has been sent to all surrounding property owners within 500' of the site and all applicable public agencies and City Departments. Staff has received a letter from the Trilogy at La Quinta Maintenance Association, the homeowners association for Trilogy indicating their support for this request (Attachment 5). STATEMENT OF MANDATORY FINDINGS: Findings to recommend certification of Environmental Assessment 2009-607 and approval of the General Plan Amendment, Zone Change, and Tentative Tract Map can be made and are contained in the attached Resolutions. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2010- recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2009-607. 2. Adopt Planning Commission Resolution 2010- , recommending to the City Council approval of General Plan Amendment 2009-120. 3. Adopt Planning Commission Resolution 2010-_, recommending to the City Council approval of Zone Change 2009-138. 4. Adopt Planning Commission Resolution 2010- , recommending to the City Council approval of Tentative Tract Map 35996, subject to Findings and Conditions of Approval. 5 p\reports — pc\2010\2-9-10\shea homes ea, gpa, zc, ttm.doc Prepared by: Gbiw (';,Um Stan Sawa Principal Planner Attachments: 1 . Location map and photographs of site 2. Trilogy project site plan 3. General Plan and zoning change request 4. Tentative Tract map exhibits (5 sheets) 5. Letter of Support dated January 9, 2010 from the Trilogy at La Quinta Maintenance Association 3 p\reports - pc\2010\2-9-10\shea homes ea, gpa, zc, ttm.doc PLANNING COMMISSION RESOLUTION 2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2009-607 PREPARED FOR GENERAL PLAN AMENDMENT 2009-120, ZONE CHANGE 2009-138 AND TENTATIVE TRACT MAP 35996 ENVIRONMENTAL ASSESSMENT 2009-607 APPLICANT: SHEA HOMES WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of February, 2010, hold a duly noticed Public Hearing to consider the request of Shea Homes for Environmental Assessment 2009-607 prepared for General Plan Amendment 2009-120, Zone Change 2009-138 and Tentative Tract Map 35996 for generally property located east of the CVWD Dike #4, between Avenues 60 and 62, and west of Trilogy project, more particularly described as: APN: 764-280-004 WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2009-607) and has determined that although the proposed Project could have a significant effect on the environment, there will not be a significant effecting this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance, and that a Mitigated Negative Declaration of environmental impact should be adopted; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending to the City Council certification of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts or unmitigatable impacts were identified by Environmental Assessment 2009-607. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of 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 rare or endangered plants p:\reports-pc\2010\2-13-10\shea homes\ea 2009-607 pc res.doc 7 Planning Commission Resolution 2010- Environmental Assessment 2009-607 Shea Homes Adopted: or animals or eliminate important examples of the major periods of California history or prehistory. The property has not been identified as a habitat for any endangered or threatened wildlife. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The property has not been identified as a habitat for any endangered or threatened wildlife. Furthermore, landscaping will be installed which may provide some habitat. 4. The proposed project do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. If the project is approved as proposed, is will be in compliance with the General Plan and in conformance with surrounding development. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2009-607 and said assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: Planning Commission Resolution 2010- Environmental Assessment 2009-607 Shea Homes Adopted: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2009-607 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Planning Department. 3. That Environmental Assessment 2009-607 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of February, 2010, by the following vote, to wit: le\'1 *v NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 6 Environmental Checklist Form Project title: EA 2009-607, GPA 2009-120, ZC 2009-138, TTM 35996 Trilogy Extension 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7064 4. Project location: The southwest corner of Tentative Tract Map 30023, located east of CVWD Dike #4, east of Madison Street, and south of Avenue 60 (at Avenue 61, were it to be extended). Assessor's Parcel No. 764-280-004 5. Project sponsor's name and address: Shea Homes 60918 Desert Rose Drive La Quinta, CA 92253 6. General Plan Designation: 7. Zoning: Low Density Residential w/ Low Density Agricultural/Equestrian Agricultural/Equestrian Overlay. Medium Residential. Medium Density Density Residential proposed. Residential proposed. 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.) The applicant proposes to change the General Plan designation and zoning designation of a 9.02 acre site from Low Density Residential w/ Agricultural/Equestrian Overlay to Medium Density Residential. The project will be incorporated into the adjacent Trilogy project. The Tentative Tract Map request would divide the property into 36 single family lots varying in size from 6,255 to 11,046 square feet. Two landscaped retention basin lots would also be created. This Tentative Tract Map will increase the number of single family lots within the Trilogy boundaries from 1,202 to 1,238. The applicant has stated they will construct the same senior adult residences being built in Trilogy on the new lots. The property was rough graded in approximately March, 2009. An Initial Study (EA 2008- 596) was prepared to assess the grading impacts with a mitigated Negative Declaration approved on March 12, 2009 to permit the grading. That document has been used in the preparation of this Initial Study. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Existing single family residential (Trilogy) South: Vacant desert lands East: Existing single family residential (Trilogy) West: Existing CVWD Dike #4 10 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District California Department of Real Estate Imperial Irrigation District Southern California Gas Company Verizon Time Warner Cable Coachella Valley School District 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. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance 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 revisions in the project have been made by or agreed to by the project proponent. 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 "potentially significant impact" or "potentially significant unless mitigated" impact 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. 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, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Stan Sawa lJVW 2/11/2010 Signature Date 3 12 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 referenced 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) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation 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 Analyses," may be cross-referenced). 5) Earlier analyses 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). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify 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 Measures 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. 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. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance 4q 13 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors") b) Substantially damage scenic resources, including, but not limited to, trees, rock X outcroppings, and historic buildings within a state scenic highway9 (Aerial photograph; Site Inspection) c) Substantially degrade the existing visual character or quality of the site and X its surroundings? (Application materials) d) Create a new source of substantial light X or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed project will include one story high single family homes. The size of the lots (6,255 to 11,046 square feet) will limit the potential aesthetic impacts associated with the project. The site is not located on a General Plan Image Corridor. The land is isolated, and not visible from scenic vistas or from surrounding parcels. On the north and east of the site, a perimeter wall for the Trilogy community occurs, which effectively blocks views into the parcel. To the south is vacant property, and no development's views will be affected by the project. On the west is the existing levee, which effectively blocks views of the site from further west. There are no scenic resources on the site, including historic buildings (please see Cultural Resources section below for a description of other cultural resources on the site). The site, as stated above, is isolated, and not visible from surrounding development, and will therefore not impact the visual character of surrounding properties. Impacts associated with scenic vistas or resources are expected to be less than significant. d) The construction of the proposed project will cause an increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Further, residential lighting is generally limited, and of low intensity. The City standard, combined with the nature of the land use proposed, will assure that impacts are less than significant. -5- 14 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location X or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) The site has recently been rough graded and is surrounded by development on the west, north and east sides. Vacant lands occur to the south. The site is not currently in agriculture, nor are any parcels surrounding the site in agricultural use. There are no Williamson Act contracts on the project site. The project area is designated for low density residential development, and has been since annexation in 2003. It would be expected that this type of development would occur in the future on the site. Vacant lands south of the site are designated for low density residential development. Lands to the north and east are designated at Medium High Density Residential density, but developed at Medium Density Residential densities. The site is not in an agricultural area, and will not impact agriculture. 6 15 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (General Plan EIR) b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? (General Plan EIR) c) Result in a cumulatively considerable net increase of any criteria pollutant for X which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (General Plan EIR) d) Expose sensitive receptors to X substantial pollutant concentrations? (General Plan EIR) e) Create objectionable odors affecting a X substantial number of people? (Application materials) 0 Generate greenhouse gas emissions X either directly or indirectly, that may have a significant impact on the environment? (Application materials g) Conflict with an applicable plan, policy X or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Application materials) III. a) The site is only designated for 36 homes, consisting of low density residential development, and would have been considered for this type of activity when the South Coast Air Quality Management District undertook preparation of the management plans for which it is responsible. Development of the site is therefore expected to be consistent with these plans, and no impact to these plans is expected. b)- d) The proposed project site has been rough graded to a uniform elevation. Additional grading will be done to bring the property to finish grade for development of homes and other improvements. 16 As a part of EA 2008-596, an air quality assessment was prepared for the rough grading activities on the site. The grading has been undertaken, and that phase of development is complete. The project currently under consideration will require the completion of finished grading, which will generate air pollutants. Table 1, below, illustrates the anticipated emissions during this process. Table 1 Grading - Related Exhaust Emissions Summary CO NOx ROG SOx PMta PM2.5 COZ 97.74 10.36 - 4.10 3.76 13,623.20 Equipment Emissions 43.55 Workers' Vehicle - Emissions 2.12 0.13 0.07 0.02 0.01 725.21 Total Grading Emissions 10.43 45.67 97.87 - 4.12 3.77 14,348.41 SCAQMD Thresholds of 550.00 100.00 75.00 150.00 150.00 55.00 N/A As shown in the Table, the proposed grading activity will not exceed thresholds of significance established by the SCAQMD. The grading of the site is not expected to result in pollutant concentrations to sensitive receptors, insofar as no idling due to congestion will occur as a result of the proposed grading activities. Development of homes and other improvements did not immediately follow the previous rough grading of the site. As a result, due to the potential for winds in the area of the site, the potential existed for long term hazards associated with blowing dust were identified. This represented a potentially significant impact which was required to be mitigated, as follows: The site shall be stabilized immediately following the completion of grading activities. Stabilization may include chemical products or a native plant hydroseeding. Either method shall be monitored by the applicant on a monthly basis to assure that the stabilization has not been compromised. Chemical stabilizers lose their effectiveness if walked or driven upon. Therefore, if the site is not secure from pedestrian or vehicular access, chemical stabilizers may require repeated application. Stabilization of the site has been done pursuant to this mitigation measure and approved Fugitive Dust Control Management Plan. Construction activities will also result in air emissions. For purposes of this analysis, it has been assumed that all 36 homes will be constructed in one phase, in order to 1 "Air Quality Impacts for the Rough Grading of the Travertine 9-Acre Parcel," prepared by MSA Consulting, December 2008. -8- 17 evaluate the "worst case scenario." Table 2 illustrates the anticipated construction emissions associated with build out of the tract. As can be seen in the Table, the proposed project will not exceed SCAQMD thresholds of significance, and impacts will therefore be less than significant. Table 2 Aggregate Construction - Related Emissions Summary (pounds Der dav) Equipment Emissions CO NOx ROG SOx PM10 PM2.5 CO 23.06 41.16 5.83 0.05 2.46 2.19 4,755.2 26.00 20.36 3.41 0.04 0.83 0.68 4,351.2 Workers' Vehicle Emissions Asphalt Paving Emissions - 1.05 - 46.25 Architectural Coatings Emissions 56.54 9,106.4 Total Construction Emissions 49.06 61.53 0.10 3.29 2.87 SCAQMD Thresholds of 75.00 Significance 550.00 100.00 150.00 150.00 55.00 N/A Emissions will also occur during the life of the project. These are primarily generated by vehicle trips to and from the project site, but also include stationary sources, such as power plants and natural gas consumption. Table 3 illustrates the total daily emissions expected from the project site on a daily basis in the long term. As demonstrated in the Table, the proposed project will not exceed any SCAQMD thresholds, and impacts will therefore be less than significant. -9- 18 Table 3 Anticipated Cumulative Daily Project -Related Emissions at Proiect Buildout Stationary Moving Total SCAQMD Source Emissions Source Anticipated Threshold Power Nat. Gas Emissions Emissions Criteria* Plants Consumption (Ibs./day) (Ibs./day) Carbon Monoxide 0.1 5.2 11.78 17.08 550.0 Nitrogen Oxides 0.6 48.1 1.57 50.29 100.0 Reactive Organic Gases 0.1 1.3 1.31 2.66 75.0 Sulfur Oxides 0.0 Negligible 0.02 0.04 150.0 Particulates 0.0 0.1 0.34 0.40 55.0 Carbon Dioxide - - 2,293.95 2,293.95 N/A " Threshold criteria offered by the South Coast Air Quality Management District for assistance in determining the significance of air quality impacts. Source: "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District April 1993 Revised October 2006. e) The subsequent final grading of the site will generate limited diesel fume odors on the site, which may be blown onto adjacent properties during the grading process. Although these fumes may be expected to provide an annoyance should they occur, they would not be expected to result in significant impacts, as they will occur for a short period of time. The development of homes is not expected to generate significant objectionable odors, nor will it expose residents to concentrations of pollutants. f) & g) The proposed project will generate Greenhouse Gases (GHG) during construction and operation. As described in the Tables above, the project will generate 14,348.41 pounds per day of carbon dioxide during grading. It is estimated that grading will occur for a period of approximately 10 days. As a result, the project will generate 143,484.1 pounds of carbon dioxide, or 65.07 metric tons. During the construction process, the project has the potential to generate 9,106.49 pounds per day of carbon dioxide. It is estimated that the construction process will take approximately 110 days. As a result, the project will generate 1,001,713.9 pounds of carbon dioxide, or 454.29 metric tons. During the life of the project, there will be 2,293.95 pounds of carbon dioxide emitted per day, or 379.72 metric tons annually. The project has been designed to comply with all feasible and applicable measures as identified by the California Attorney General's Office and the California Action Team, and will be required to meet the City's green building requirements where they apply. The project is consistent with the goals and objectives of the emission reduction targets of A1332. Therefore, the project will not result in significant emissions of greenhouse gases, and impacts associated with GHGs will be less than significant. As described above, overall impacts associated with air quality are expected to be less than significant. to- 19 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural X Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) 20 IV. a) The proposed project site is currently vacant and recently rough graded. Previously, the site had been impacted by development activities to the north, east and west. The site was also impacted by off -road use which has resulted in dirt roads and tracks through the property. The site was sparsely vegetated with creosote scrub. The site is within the boundary of the Coachella Valley Multiple Species Habitat Conservation Plan, but is not within a conservation area for that plan. The site is not known to harbor any species of concern, nor is it likely to do so. The proposed project will be required to comply with the requirements of the Plan when development occurs. The payment of fees is designed to mitigate impacts to sensitive species. Due to the recent grading no impacts are expected. b)-f) The graded project site does not contain any riparian areas or wetlands. The project site is isolated, being surrounded by development, and does not provide a migratory corridor. No policies relating to biological resource preservation will be affected by the proposed project's build out. No impacts are expected. -12 21 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in the X significance of a historical resource as defined in ' 15064.5? (General Plan MEA p. 123 ff.) b) Cause a substantial adverse change in the X significance of an archaeological resource pursuant to ' 15064.5? (General Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V.a) EA 2008-596 (Shea Homes) was prepared for this site prior to the recent grading of the site. As a part of the EA a historical/archeological assessment was performed on the property to determine the potential impacts to historic resources 2. This study concluded that there are no historic era resources on the project site. As a result, the development of the site is expected to have no impact on historic resources. V. b)-d) The historical/archeological study performed for the project site identified two potentially significant areas where significant archaeological resources could occur in the area of the project site. The first identified a site which likely was used for the processing of shellfish collected from the ancient Lake Cahuilla. The site included surface artifacts which led the investigators to believe that subsurface resources might occur. The result of the Phase 1 investigation was the implementation of a Phase 2 site excavation to determine the extent of the resources on the site. The resources were identified, properly archived, and researched to determine their level of significance. The artifacts discovered included ceramic sherds, stone flakes and animal remains. The items were determined to date to the period of 1460 to 1660. The analysis did not preclude the potential that additional resources occur further below ground. This constituted a potentially significant impact which required mitigation. The analysis also determined that human remains occur near the site, but not on the subject property. These remains were determined to be cremated Native American remains, and have been blessed by representatives of the Torres Martinez Band of Cahuilla Indians. The archaeologist determined that the distance to the remains appears 2 "Historical/Archaeological Resources Survey Report Travertine Acquisition for Shea Homes Trilogy," prepared by CRM Tech, March, 2008; "Draft Phase II Cultural Resources Testing and Evaluation of CA RIV 1339," prepared by MBA, January 2009. -13- 22 sufficient to assure that the remains be undisturbed during construction of the proposed project. However, since grading activities often require staging and working areas, there is a potential that these areas could be affected by the final grading and construction activities. This represented a potentially significant impact which required mitigation. The mitigation measures identified in the EA included monitoring of all grading activities for both archaeological and paleontological resources. As required, a mitigation plan was prepared in March 2009, prior to the beginning of mass grading. During the mass grading done in March and April 2009, the required mitigation measures were implemented. According to a final update letter from Michael Brandman Associates dated April 17, 2009, archeologists for the project, during monitoring of the grading no human remains nor sacred items were detected and no further monitoring of the site was required. A paleontological resources assessment was also prepared for the proposed project site 3. The survey identified fossilized mollusks within the boundary of the project site. These mollusks were associated with the ancient Lake Cahuilla, and represented a non- renewable resource. As a result, the removal of these fossils had the potential to be a significant impact, which required mitigation. The Historic Preservation Commission reviewed the Phase 1, Phase 11 cultural resource assessments, as well as the paleontological study, and concurred with their findings. The Commission also added their standard mitigation measures to the recommendations of the reports' preparers. With implementation of the above -noted mitigation measures completed, no impacts to cultural resources are expected. 3 "Paleontological Resources Assessment Report Travertine Acquisition for Shea Homes Trilogy," prepared by CRM Tech, March, 2008 -14-23 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as X delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or the X loss of topsoil? (General Plan MEA Exhibit 6.5) c) Be located on expansive soil, as defined X in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (General Plan MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-d) A Geotechnical Engineering report has been prepared for the project site4. The site is not located in an Alquist Priolo Earthquake Zone. However, the site will be subject to significant groundshaking in a seismic event. The site is in an area generally susceptible 4 "Geotechnical Engineering Report and Infiltration Testing for Storm Water Retention Travertine Parcel- TTM 35996," prepared by Earth Systems Southwest, December 30, 2008 -15 24 susceptible to liquefaction. However, the potential for liquefaction to occur at this site is considered negligible because the depth of groundwater beneath the site exceeds 50 feet. The site is flat, and is not located adjacent to significant slopes or rock outcroppings. The development of the site will be completed to City standards. Due to the previous rough grading, there will be no need for disposal of soil elsewhere. The final grading activity will be required to comply with City standards for compaction and slope stability. The City implements NPDES standards to control water erosion and surface water pollution. These standards will include the preparation of a Storm Water Pollution Prevention Plan (SWPPP) which will include best management practices to assure that storm water flows leaving the site are not polluted, and do not include silt. The grading activity also includes retention basins, to assure that storm water is retained on site (please also see Hydrology, below). These City requirements will assure that impacts associated with grading and construction on the site and water erosion will be less than significant. The City's soils are not expansive, as they consist of sands and silty sands. The single family units to be constructed on the project site will be connected to CVWD sewer systems and will therefore, not require septic systems. The proposed project will have less than significant impacts on geology and soils. t 6- 25 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the public X or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the public X or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 it) h) Expose people or structures to a X significant risk of loss, injury or death -17 26 involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The development of the site is likely to result in the storage of cleaning materials for household use. These materials, however, are not expected to be hazardous, and are not expected in large quantities. The site is not within the boundaries of the airport land use plan. There are no identified hazardous materials sites within the project areas. The project has been integrated into the City's emergency preparedness planning for some years. There are no wildlands located adjacent or near the project site. No impacts associated with hazardous materials are expected. 5 "Results of Phase I Environmental Site Assessment Griffin Saddle Club Addition," prepared by Proterra Consulting, February 2006. 18 27 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been anted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-187 ff) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?(General Plan EIR p. III-187 ff) 0 Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-187 ff.) g) Place within a 100-year flood hazard area X structures which would impede or redirect flood flows? (Master Environmental Assessment 19- 28 Assessment Exhibit 6.6) VIII. a) & b)) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service use in the homes, and for landscaping irrigation. The CVWD has prepared an Urban Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's WQMP and NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. The development of the site will require the approval of a hydrology analysis which demonstrates that the site will contain the 100 year storm 6. The project includes two retention basins which will provide this protection to the site from storm water falling on the site and draining from the adjacent CVWD dike. The City will also implement the best management practices required of the SWPPP, to assure that storm water flows are not polluted. These City standards will assure that impacts associated with hydrology and flooding will be less than significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA and therefore, no impact is expected. 6 "Preliminary Hydrology Report for Tentative Tract Map 35996, dated April 7, 2008, prepared by MSA Consulting" -20- 29 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) IX. a)-c) The site is currently vacant, and development of the property will not divide an established community. The project site is designated for low density residential development with an equestrian/agricultural overlay, but proposed to be changed to Medium Density Residential to permit the residential project. The only development surrounding the site is to the north and east consisting of Trilogy, into which this site will be integrated. The proposed development will consist of units matching those in Trilogy on lots of approximately the same size as those in Trilogy. The project site will be isolated from future development to the west by the existing levy. The integration of the proposed project into the adjacent existing planned community will assure that impacts associated with the General Plan Amendment and Zone Change will be less than significant. The project site is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan, and will be subject to the regulations associated with that Plan. No impact is expected. -21- 30 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The development of the project site will have no impact on mineral resources. The project site is and has been designated for residential development, and does not occur in the vicinity of any mining activities nor is it in a known mineral resource zone. No mineral resources are expected to occur within the project site. -22 31 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation of X noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. l I 1 ff.) b) Exposure of persons to or generation X of excessive groundbome vibration or groundbome noise levels? (General Plan MEA p. I I 1 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. l l I ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) 0 For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The site is located approximately 4,200 feet west of the center line of Monroe Street immediately adjacent to the west and north boundaries of the Coral Mountain Specific Plan, of which the adjacent Trilogy project is a part. A noise analysis was conducted for the Coral Mountain Specific Plan EIR7. The study found that the proposed project site occurs adjacent to an area where noise levels are not expected to exceed 65 dBA 7 "Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," prepared by Westec Services, September 1988. -23- 32 CNEL, which is the City's maximum noise level for residential land uses. Therefore, no impact is expected for the project site which is further west of Monroe Street than Trilogy. XI. b)& d) The additional grading of the site may also generate some vibration, depending on the equipment required. This condition will be temporary and periodic, and is not expected to impact sensitive receptors, due to distance and the nature of the soils in the area. The impacts are expected to be less than significant. The further grading of the site will result in increased noise levels during the grading activity itself. The peak noise level for construction equipment that would be used during grading on the project site ranges from 70 to 95 dBA at a distance of 50 feet. The grading activities on the project site will cause temporary increases in noise levels above the City's standards, but these increases will be temporary and periodic. Construction noise is regulated by the Municipal Code to occur during the noisier day time hours, which helps to lower the potential impacts. In addition, the sensitive receptors located to the north and east of the site are blocked by a 6 foot masonry wall, which will provide about 10 dBA noise attenuation. The grading equipment will move throughout the site, and noise will not be concentrated in any one area of the site for any length of time. The project will generate noise associated with construction on the project site which will exceed City standards for a short period of time. In addition, noise generated by later stages of construction, including the subject area, has the potential to impact residents within the project. Since it is possible that short term impacts could occur to surrounding residents, mitigation measures shall be implemented, as follows: 1. All grading equipment shall be equipped with properly functioning mufflers. 2. No grading vehicle shall be allowed to idle for more than 5 minutes within 50 feet of the northern or eastern boundary of the site. 3. Any staging areas or storage areas for stationary equipment shall be located in the southwestern portion of the site. Stationary equipment shall be oriented so as to direct noise in a southerly or southeasterly direction. 4. All grading activities shall occur in strict compliance with the construction hours allowed in the Municipal Code. The project site is not located within the noise contours of any airport or airstrip. -24 33 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed General Plan Amendment could result in up to 72 residential units on the property, and a total population of 216 persons. Development of 36 senior adult single family homes within the boundaries of the tract map will result in up to 90 persons residing in the tract area and the existing Low Density Residential designation would result in a similar population density. The project therefore will not generate substantial population growth, but will rather be absorbed by existing growth rates in the area. The area is currently vacant, and the implementation of the tentative tract will not displace substantial numbers of persons. No impacts are anticipated. -25-34 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff ) XIII. a) Build out of the tentative tract area will have a less than significant impact on public services. The project will be served by the County Sheriff and Fire Department, under City contract. Build out of the project will generate property tax which will help offset the costs of added police and fire services, as well as the costs of general government. The project will contribute to the construction of future public safety facilities through the City's Developer Impact Fee program. The project will be required to pay the mandated school fees in place at the time of issuance of building permits to reduce the impacts to those services. The project will provide some on site recreational facilities, and will also be required to pay the City's park fees for development of off site park facilities. -26 35 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed project will include on site recreational spaces/retention areas, as well as have access to existing recreational facilities in Trilogy, and will also contribute park fees for off site park development. No impacts are expected. -27 36 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials) e) Result in inadequate emergency X access? (Application materials) f) Result in inadequate parking capacity? X (Application materials) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) XV. a)-g) The proposed project will consist of 36 senior living, detached homes. The Institute of Transportation Engineers' (ITE) "Trip Generation, 71h Edition," estimates that senior living detached homes generate 3.71 trips per day. As a result, the proposed project is expected to generate 134 trips per day. A letter report on potential traffic impacts was -28 37 prepared for this 9 acre tracts. It was prepared assuming traffic for this tract will take access through the Trilogy project. The report determined that the proposed project will generate 9 additional trip ends during the evening peak hour, which is only 18% of the City's standard of significance for peak hour trip generation. The "Traffic study for the Trilogy Project, Tentative Tract Map No. 30032", prepared by Urban Crossroads, Inc. (dated March 5, 2001) was based on 1,220 units, while 1,202 units are anticipated without the current project. That traffic analysis utilized statistical data from early ITE documentation, which has since been revised downward. With the inclusion of the proposed project, the Trilogy development will total 1,238 dwellings (original 1,202 plus the 36 proposed), The updated ITE ratios result in a reduction in trip ends, from those considered in the 2001 study. Therefore, it is expected that the project will generate fewer trips at build out, and have a lesser impact on surrounding streets than originally analyzed. This is expected to result in less than significant traffic impacts. 8 "Significance of Potential Traffic Impacts Associated with the Addition of Nine Acres and 36 Senior Adult Dwelling Units to Trilogy," prepared by Endo Engineering, December 2009. -29 38 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE X SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) -30- 39 XVI. a)-g) The project area is currently served by CVWD for sanitary sewer service. CVWD's treatment plant has sufficient capacity, and has the ability to expand its capacity as demand rises. CVWD's Urban Water Management Plan indicates that the District has sufficient water supplies, or plans for addition to its water supplies, to serve the proposed project and other projects in its service area in the long term. The proposed project's hydrologist has designed storm drainage on the property to retain the 100 year storm, as required by the City. The City Engineer will review the plans to assure that storm flows are adequately contained, prior to the issuance of grading permits. Domestic waste will be collected by Burrtec, the City's solid waste franchisee. Burrtec currently hauls City solid waste to the Edom Hill transfer station. From there, waste is transported to one of several regional landfills, including the Lambs Canyon, Badlands and El Sobrante landfills. These landfills have sufficient capacity to accommodate the proposed project. -31- 40 Potentially Less Than Less Than No Significant Significant NN Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the 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 or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of X long-term environmental goals? c) Does the project have impacts that are X individually 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 X effects which will cause substantial adverse effects on human beings, either directly or indirectly'? XVII. a) Biological resources will not be significantly impacted by the proposed construction activities, as the site is disturbed and does not include species of concern. Archaeological and paleontological resources were identified on the project site, but the mitigation measures noted in this document and previously completed during rough grading have insured no impacts will occur. XVII. b) The additional grading of the site will have no impact on short term or long term environmental goals, as the property is designated for residential development, and has been recently graded for that purpose. XVII. c) This Initial Study has found that no cumulative impact will occur as a result of the proposed project. The General Plan Amendment and Zone Change have the potential to marginally increase the total units built in the City. However, the increase is not -32 41 significant, and will not significantly increase cumulative impacts associated with build out of the General Plan. XVII. d) The proposed project could have short term noise impacts, which could affect human beings. The mitigation measures included in this document, however, assure that impacts will be reduced to less than significant levels. 33 42 XVIII. EARLIER ANALYSES. Earlier analyses 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 analyses used. Identify earlier analyses and state where they are available for review. General Plan EIR, 2002. Environmental Assessment 2008-596, Shea Homes grading of the subject site These documents are available for review in the Planning Department at City Hall. 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. V. Cultural Resources — The mitigation measures previously required address Cultural Resource impacts and have been adequately completed with the previous rough grading of the site. 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. XI. Noise — Although the site has been rough graded, additional grading will be necessary for construction. The previous mitigation measures therefore still apply to the future grading. They are: 1. All grading equipment shall be equipped with properly functioning mufflers. 2. No vehicle shall be allowed to idle for more than 5 minutes within 50 feet of the northern or eastern boundary of the site. 3. Any staging areas or storage areas for stationary equipment shall be located in the southwestern portion of the site. Stationary equipment shall be oriented so as to direct noise in a southerly or southeasterly direction. 4. All grading activities shall occur in strict compliance with the construction hours allowed in the Municipal Code. -34- 43 _\ /a j\ \� 7)/ §/°{) §Z>—\ �02°,. ur, qj)]q \(§@\ zw2�o ��r!■ �2/!t �ar<a \\ ; )/ § CD .. rq \)\ ») )))°\\ �ou%@z 3( k \\ w \\ /� & / 7 \ uE )\@ ,u Em \ / \ \ � w j ( c (o \ )§ / {7 3 \2 \ m / \2 ± a( }\a)tt» =25 \ da)®( \/g) )« e=®E(Q`®,u§, $2 5g2\® e)�)�\�2 g®k§ ,&.m:2 \ %)§)/j))§\y/.e 9 q = w w 3 PLANNING COMMISSION RESOLUTION 2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 2009-120 FOR PROPERTY LOCATED EAST OF THE CVWD DIKE #4, BETWEEN AVENUES 60 AND 62, AND WEST OF TRILOGY PROJECT CASE NO.: GENERAL PLAN AMENDMENT 2009-120 APPLICANT: SHEA HOMES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of February, 2010, hold a duly noticed Public Hearing to consider the request of Shea Homes for a General Plan Amendment from Low Density Residential with an Agricultural/ Equestrian Overlay to Medium Density Residential for 9.02 acres generally located east of the CVWD Dike #4, between Avenues 60 and 62, and west of Trilogy project, more particularly described as: APN: 764-280-004 WHEREAS, said General Plan Amendment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2009-607) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2009-607 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non - significance; 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 Planning Commission did find the following facts and reasons to justify recommending approval of said General Plan Amendment: The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan in that the General Plan Amendment results in promoting residential development in a controlled and logical manner. 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 General Plan designation will result in a project that is compatible with surrounding residential uses, will be well designed and landscaped, and comply with all applicable City, County, State and Federal requirements. 3. The General Plan Amendment is compatible with adjacent properties in that the resulting project will be consistent with the adjacent single-family residences in Trilogy to the north and east. 45 Planning Commission Resolution 2010- General Plan Amendment 2009-120 Shea Homes Adopted: 4. The General Plan Amendment is suitable and appropriate for the property in that it will allow expansion of residential uses which are the primary land use in the immediate area to the north and east. 5. Approval of the General Plan Amendment is warranted because the anticipated uses are an expansion of residential uses existing on surrounding properties. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; 2. That it has recommended to the City Council certification of a Mitigated Negative Declaration of environmental impact; 3. That it does hereby recommend to the City Council approval of General Plan Amendment 2009-120 as shown on the attached Exhibit "A"; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 23rd day of February, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California Planning Commissi'• -- '^' ^ on Res General Plan Amendment Shea Homes Adopted: EXHIBIT "A" 1 0 N m Medium -High Density (up to 12 du/ac) Low Density Residential with Agriculture/Equestrian Overlay Open Space TRILOGY PLANNING COMMISSION RESOLUTION 2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2009- 138 FOR PROPERTY LOCATED GENERALLY EAST OF THE CVWD DIKE #4, BETWEEN AVENUES 60 AND 62, AND WEST OF TRILOGY PROJECT CASE NO.: ZONE CHANGE 2009-138 APPLICANT: SHEA HOMES WHEREAS, the Planning Commission of the City of La Quinta, California, did on did on the 23`d day of February, 2010, hold a duly noticed Public Hearing to consider the request of Shea Homes for a zone change from Low Density /Agricultural - Equestrian Residential to Medium Density Residential for property generally located east of the CVWD Dike #4, between Avenues 60 and 62, and west of Trilogy project, more particularly described as: APN: 764-280-004 WHEREAS, said Zone Change complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2009-607) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2009-607 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non - significance; 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 Planning Commission did find the following facts and reasons to justify recommending approval of said Zone Change. 1. This Zone Change is internally consistent with those goals, objectives, and policies of the General Plan and compatible with the adjacent residential designation to the north and east. 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting construction will require Planning Commission review and approval of future development plans, which will ensure that the development meets standards that will not be materially detrimental. 3. The zone designation is compatible with the designations on adjacent properties because the Planning Commission review ensures compatibility, and the adjacent uses to the north and east are the same as the proposed use. Eli Planning Commission Resolution 2010- Zone Change 2009-138 Shea Homes Adopted: 4. The zone designation is suitable and appropriate for the property involved because it is compatible with surrounding projects zoning to the north and east and has been rough graded in anticipation of residential development. 5. The situation and general conditions have substantially changed since the existing zone designations were imposed in that agricultural and equestrian uses have not developed in the immediate area and residential uses similar to the proposed have. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; 2. That it has recommended to the City Council certification of a Mitigated Negative Declaration of environmental impact; 3. That it does hereby recommend to the City Council approval of Zone Change 2009-138 as shown on the attached Exhibit "A"; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 23`' day of February, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California Planning Commission Resolution 2010- Zone Change 2009-138 Shea Homes Adopted: EXHIBIT "A" N Q1 kv, Low Density Agriculture/ Equestrian Residential TRILOGY bm PLANNING COMMISSION RESOLUTION 2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 35996, A SUBDIVISION OF 9.02 ACRES INTO 36 SINGLE FAMILY RESIDENTIAL LOTS AND OTHER MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 35996 APPLICANT: SHEA HOMES WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 23`' day of February, 2010, hold a duly noticed Public Hearing to consider the request of Shea Homes for the subdivision of 9.02 acres into 36 single-family residential lots and other miscellaneous lots, generally located east of the CVWD Dike #4, between Avenues 60 and 62, and west of Trilogy project, more particularly described as: APN: 764-280-004 WHEREAS, said Tentative Tract Map complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2009-607) and determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2009-607 incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; 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 to justify a recommendation for approval of Tentative Tract Map 35996 to the City Council: 1. The Tentative Tract Map and its improvement and design, are consistent with the General Plan, as amended, in that its street design and lots are in conformance with applicable goals, policies, and will be provided with adequate infrastructure and public utilities. 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the site does not contain significant biological resources. 51 Planning Commission Resolution 2010- Tentative Tract Map 35996 Shea Homes Adopted: 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because the construction of 36 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. 4. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to the adjacent Trilogy project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it has recommended to the City Council certification of a Mitigated Negative Declaration of environmental impact; 3. That the Planning Commission does hereby recommend approval of Tentative Tract Map 35996 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 23rd day of February, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 52 Planning Commission Resolution 2010- Tentative Tract Map 35996 Shea Homes Adopted: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 53 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. This Tentative Tract Map shall expire two years from the effective date of City Council approval, unless a time extension is approved, pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of Time for Tentative Maps). 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 54 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: • SunLine Transit Agency South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 2009-0009-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (11 acre or more of land, or that disturbs less than one (11 acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP")• The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. Page 2 of 18 55 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access 56 Page 3 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: public streets and open space/drainage facilities of the master development. 10. The applicant shall retain for private use on the Final Map all private street rights -of - way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Property line shall be placed at the back of curb similar to the lay out shown on the (rough grading plan/tentative map) and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 2) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 30 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. Knuckle 2) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the intersection of Street "A" with Living Stone Drive similar to the lay out shown on the rough grading plan. 12. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 57 Page 4 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: 13. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 15. The applicant shall acquire perpetual access route across property located within the Overlying Tract 30023 to and from public streets. The perpetual access easements shall be recorded prior to the Final Map process. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 17. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 18. The applicant shall construct the following street improvements to conform with the General Plan. A. As the developer of Trilogy La Quinta has not constructed nor bonded for improvements identified in the Traffic Impact Study dated February 1999 prepared by Endo Engineering as Appendix to the EIR for Specific Plan 218, Amendment 1, the applicant for this tentative tract map is responsible for those mitigation measures in addition to their fair share of the cost to design and install traffic signals and appurtenances at the following locations when warranted through subsequent traffic studies done for development applicants within the boundaries of the Specific Plan: 1) Madison Street and Avenue 58 2) Madison Street and Avenue 60 3) Trilogy Parkway and Avenue 60 4) Monroe Street and Avenue 58 Page 5 of 18 E>E Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: 5) Monroe Street and Avenue 60 B. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 30 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible unless approved by the City Engineer. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to.the layout shown on the rough grading plan. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 19. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials 20. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not 3] Page 6 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: schedule construction operations until mix designs are approved. . 21. Improvements shall include appurtenances such as traffic control signs, markings and other devices, street name signs and sidewalks. 22. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 23. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 24. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 25. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. Page 7 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: E. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. 26. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 27. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 28. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of 61 Page 8 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 29. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 30. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 31. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 32. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. 62 Page 9 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 33. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 34. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 35. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 36. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 37. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, 63 Page 10 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 38. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 39. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches 0 8") behind the curb. 40. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 41. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. Page 11 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: 42. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 43. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the Public Works Department for a substantial conformance finding review. 44. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 45. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 46. Stormwater handling shall conform with the approved hydrology and drainage report for the Trilogy Annex project. Nuisance water shall be disposed of in an approved manner. 47. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City .: Page 12 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 48. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 49. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 50. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 51. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 52. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 53. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 54. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 55. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 56. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 57. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. Page 13 of 16 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 117-2008-001 . A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTILITIES 58. The applicant shall comply with the provisions of LQMC Section 13.24.1 10 (Utilities). 59. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 60. Existing overhead utility lines within, or adjacent to the proposed development, if any, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 61. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. 67 Page 14 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: CONSTRUCTION 62. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments 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 development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 63. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 66. Landscaping plans for the front yards and common areas shall be approved as a part of the submitted Site Development Permit application approved by the Planning Commission. Following Site Development Permit approval the applicant shall submit final landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 67. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no Page 15 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: lawn, or spray irrigation, being placed within 24 inches of curbs along public streets per LQMC Section 8.13.030. 68. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 69. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 70. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 71. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 73. Prior to 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 such reapportionment. 74. Tentative Tract Map 36139 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. 75. In accordance with Chapter 3.34 of the La Quinta Municipal Code, future development permits are subject to the Coachella Valley Multi -Species Habitat R• Page 16 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee. FIRE DEPARTMENT 76. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 400 or 600 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. 77. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, etc. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. The water mains shall be designed to provide for a potential fire flow of 2500 GPM and an actual fire flow available form any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 78. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 79. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org)• Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities 80. Roadways may not exceed 660 feet without secondary access unless otherwise approved by the Fire Marshal. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. 81. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 82. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. Page 17 of 18 Planning Commission Resolution 2010- Conditions of Approval - Recommended Tentative Tract Map 35996 Shea Homes Adopted: 83. Final conditions will be addressed when complete buildings plans are reviewed. PLANNING DEPARTMENT 84. All grading equipment shall be equipped with properly functioning mufflers. 85. No grading vehicle shall be allowed to idle for more than 5 minutes within 50 feet of the northern or eastern boundary of the site. 86. Any staging areas or storage areas for stationary grading equipment shall be located in the southwestern portion of the site. Stationary equipment shall be oriented so as to direct noise in a southerly or southeasterly direction. 87. All grading activities shall occur in strict compliance with the construction hours allowed in the Municipal Code End of Conditions 71 Page 18 of 18 CASE CASE No. colry OF dQ QMOM4Q MAP ATTACHMENT 1 ■ ■ City limits ■ ■ VICINITY MAP N.T.S. ORTH SCALE: NTS ^�M `% t�" d.,t� ♦i � , i br r ♦Y � vX`f ,w.y � � may. { 4 L.• „� 7 � r r(/ ...-ice �: Y- 1 .. �• SST+ F�: c'A. �. -,e �' - � ' . SITE FROM DIKE FACING NORTHEAST o a� ENTRY STREET FACING TRILOGY 74 'Y 1: A 1`} � I: F 9 dt ° c • c J XIF v 1� ID3621q MSA CONS LMNG. Izvc RexxpO a Ct.'o, �'��� ° L,Om SnvrvwO Existing Site Photographs - Exhibit 1 of 2 Q� Sit @ GN i"I O /Tl BTJ Trilogy of Lc::: C,Zuinteo Arinex BOP 11°eP Oarva ° R�t+nm MVJ°P PG 9Y1'N ,e� owl�»mu°ePx�emni',ev.+ r I •„ 4a �,f 44i } 1 4 �I 1 j4 re c �Ifc, 41 � t � l I 1 ry. 4 I 4 I/I/�I�II''I1 \\III M sn c La. Existing Site Photographs - Exhibit 2 of 2 S F"1 @ O F-0 O Pl'1 Trilogy, at Lo QLJ tl: Annex I woo m. xae o.rv.. a..ao Mv..a.c� vzxro ATTACHMENT 2 TRILOGY 0 ATTACHMENT 3 Open Space Open Space Medium -High Density Residential (up to 12 du/ac) Medium -High TRILOGY GENERAL PLAN DESIGNATION N W+AND ZONING 5 Trilogy Trilogy at La Quinta Maintenance Association January 19, 2010 Mr. Don Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quints, CA 92253 Dear Mayor Don Alolph, ATTACHMENT 5 0 o Z� It has come to our attention that Shea Homes, the Developer of Trilogy at La Quinta, is working through the City of La Quints planning processes in order to gain approval for development of a small parcel of land contiguous to our community that we refer to as the "Travertine Parcel". As you may know, our community approved a CC & R amendment this past spring to annex this landlocked parcel and allow Shea Homes to build homes on this parcel with these homes becoming a part of our community. The residents here enthusiastically support what Shea Homes is doing. The purpose of this letter is to express our support for Shea Homes. It is very important to us that this landlocked piece of property be developed by Shea Homes and become part of our community. The Shea construction team is on site finishing the last of the previously approved homes. Any delays in the planning process that could jeopardize the real estate transaction or the construction project would be a great disappointment. We urge both the Planning Commission and the City Council to act expeditiously in their approval of this project. Thank you for your consideration. Sincerely, Richard Anderson President, Board of Directors Speer Bates Treasurer Copy to: City Council Planning Commission Perry Devlin, Shea Homes Professionally Managed By Action Property Management, Inc. 60-750 Trilogy Parkway, La Quinta, CA 92253 (760) 777-6059 (760) 777-6097 fax bsterett@actionlife.com www.actionlife.com _0