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2010 03 04 DH.rG OF DIRECTOR'S HEARING A Meeting to be held at the La Quinta City Hall - Study Session Room 78-495 Calle Tampico, La Quinta, California MARCH 4, 2010 2:00 P.M. BUSINESS ITEMS: A. Item ........................ Applicant ................ Location .................. Request .................. TENTATIVE PARCEL MAP 36269 Komar Desert Properties, LLC Komar Desert Center - South Side of Highway 1 1 1, on the East and West Sides of Depot Drive Consideration to Subdivide an Existing 8.35 Acre Retail Center into 9 Commercial Parcels for Land Sale/Lease Purposes DECLARATION OF POSTIN I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the Director's Hearing of Wednesday, March 4, 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, on Friday, February 26, 2010. DATED: February 26, 2010 CAROL"YN WALKER, Executive Secretary City of La Quinta, California DIRECTOR'S HEARING STAFF REPORT DATE: MARCH 4. 2010 CASE NUMBER: TENTATIVE PARCEL MAP 36269 APPLICANT: KOMAR DESERT PROPERTIES. LLC REQUEST: CONSIDERATION TO SUBDIVIDE AN EXISTING 8.35- ACRE RETAIL CENTER INTO 9 COMMERCIAL PARCELS FOR LAND SALE/LEASE PURPOSES LOCATION: SOUTH SIDE OF HIGHWAY 111, WEST AND EAST OF DEPOT DRIVE (ATTACHMENT 1) ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PARCEL MAP IMPLEMENTS SPECIFIC PLAN 2005-075, WHICH WAS ASSESSED UNDER THE ENVIRONMENTAL IMPACT REPORT (SCH #2005081060) PREPARED FOR SAID SPECIFIC PLAN, AND CERTIFIED ON JANUARY 4, 2006. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF SUBSEQUENT ANALYSIS PURSUANT TO PUBLIC RESOURCES CODE 21166 AS THIS PROJECT IMPLEMENTS SPECIFIC PLAN 2005-075. ZONING: CR (REGIONAL COMMERCIAL) GENERAL PLAN: RC (REGIONAL COMMERCIAL) SURROUNDING LAND USES: NORTH: DEVELOPED; REGIONAL COMMERCIAL (JEFFERSON PLAZA) SOUTH: DEVELOPED; COMMERCIAL PARK (COSTCO GAS/ WHOLESALE WAREHOUSE) EAST: VACANT (CITY OF INDIO) WEST: VACANT (VACATED TRAILER PARK) BACKGROUND Tentative Parcel Map 36269 is proposed as a post -development subdivision of the existing Komar Desert Center. This 81,000 s.f. retail center is a portion of Specific Plan 2005-075, which granted land use approval for approximately 233,000 s.f. of overall retail and restaurant space on 27 acres and also includes the existing 150,000 s.f. Costco wholesale membership warehouse. The subject portion of the Komar Desert Center consists of about 67,000 s.f. of retail shell building area as approved by Planning Commission under SDP 2006-874. Separate SDP approvals were granted for Souplantation and Mimi's Cafe, which represent the remaining balance of the Center's overall building area within the parcel map's proposed boundary. PROJECT REQUEST The applicant proposes to subdivide the approximately 8.35-acre Komar Desert Center site into nine parcels for sale purposes (Attachment 2). The map further subdivides existing recorded parcels 3 and 4 of PM 33960 (Attachment 3). New parcels 1 through 3 occur on parcel 4 of PM 33960, while Parcels 4-9 are proposed within Parcel 3 of PM 33960. Within proposed TPM 36269, Parcels 1, 2, and 4 through 8, will subdivide the existing buildings as individual parcels ranging in size from approximately 0.4 acres to 1.3 acres. Parcels 3 and 9, at approximately 1.25 and 3.1 acres respectively, are proposed common lots consisting of existing parking spaces surrounding the buildings. A reciprocal access easement with existing Parcel 1 will maintain access between the new and existing lots within the Center, including the Costco parcel. All required public off -site and private on -site improvements exist, with no further pads or structural improvements to be done. Improvements conditioned under Parcel Map No. 33960 and SDP 2006-874 have been completed and security obligations have been released. ANALYSIS The design of proposed Tentative Parcel Map 36269, as conditioned, conforms to the design guidelines and standards of the City of La Quinta General Plan for the Regional Commercial (RC) designation of the Land Use Element. The proposed site design incorporates street and parcel designs consistent with the intent of applicable General Plan goals, policies, and development standards, and will provide adequate circulation, infrastructure, and utilities, which are already in place and have been previously found in conformance through the review of the overall Specific Plan for SP 2005-075. The primary purpose and design of the map is to facilitate sale of the individual parcels, but a secondary function is to ensure the continued maintenance of the commercial center's operations. A concern expressed during review by the Fire Department was to ensure maintenance of existing fire suppression equipment via 2 appropriate means. Condition #6 is proposed to address this concern and is acceptable to all parties. Staff also notes that these parcels are proposed around existing buildings, and several exceed the standard floor/area ratio (FAR) allowance of 0.35 as set forth in the Specific Plan. However, the average FAR within the entire map boundary is 0.22. The intent of the specific plan process, in terms of development standards, is to promote flexibility in site and building design, while still achieving a consistent regulatory framework within the specific plan area. For commercial projects, floor area correlates directly with total parking that would be required for various uses, as well as its primary emphasis in regulating vertical and horizontal development. As with density averaging throughout a residential specific plan area, it would be consistent to apply the same concept to commercial specific plans as well, particularly in shopping centers, given how ownership holdings and common associations are established. Staff feels that application of the FAR by averaging is consistent with the intent of the Specific Plan, as the overall average FAR does not exceed the Specific Plan standard. Per La Quinta Municipal Code Section 13.12.130, specific findings need to be made for approval of a tentative parcel map. The findings to approve Tentative Parcel Map 36269 can be made, and are included in the recommended Findings and Conditions of Approval. Environmental Review The City of La Quinta Planning Department has determined that the parcel map implements Specific Plan 2005-075, which was assessed under the Environmental Impact Report (SCH #2005081060) prepared for said specific plan, and certified on January 4, 2006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent analysis pursuant to Public Resources Code 21166, as this project implements Specific Plan 2005-075. Public Notice This project was advertised in the Desert Sun newspaper and posted on February 22, 2010. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. At the time of the filing of this report, staff had not received any correspondence or comments regarding this proposal. Public Agency Review All written comments received are on file with the Planning Department. All applicable agency comments received have been incorporated into the conditions of approval. 3 RECOMMENDATION That the Planning Director approve Tentative Parcel Map 36269, pursuant to the attached Findings and subject to the attached conditions of approval. Prepared by: Wallace Nesbit, Principal Planner Attachments: 1. Vicinity Map 2. TPM 36269 exhibit 3. TPM 33690 exhibit, showing TPM 36269 relationship 19 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36269 KOMAR DESERT PROPERTIES, LLC MARCH 4, 2010 FINDINGS 1. California Environmental Quality Act - The La Quinta Planning Director has determined that the proposed Tentative Parcel Map 36269 implements Specific Plan 2005-075, which was assessed under the Environmental Impact Report (SCH #2005081060) prepared for said Specific Plan, and certified on January 4, 2006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent analysis pursuant to Public Resources Code 21166, as this project implements Specific Plan 2005-075. 2. General Plan Consistency _The proposed Tentative Parcel Map conforms to the design guidelines and standards of the General Plan for Regional Commercial (RC) designated properties, as set forth in the Land Use Element, as it subdivides existing approved RC land uses. 3. Public Easements - The design of the proposed Tentative Parcel Map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, in that reciprocal access and fire suppression maintenance needs will be provided for within the project and to adjacent public streets. 4. Design of the Subdivision - The design of the proposed Tentative Parcel Map complies with the La Quinta General Plan and Specific Plan 2005-075, in that the proposed parcels are in conformance with applicable goals, policies, and development standards, as governed by the Specific Plan for the overall project. The average FAR of 0.22 for all buildings within the map boundaries is consistent with the average overall Specific Plan FAR of 0.20. 5. Suitability of the Site - The proposed design of the Tentative Parcel Map is physically compatible with the site with regards to level topography for the subject property, as the site is built out and no new development is proposed. 6. Public Health - The proposed Tentative Parcel Map will not result in any increased hazard to public health or welfare, as the design has been reviewed by the appropriate responsible agencies for health and safety issues, with none identified, and the subdivision will not result in any further development within its boundary. 7. Parcel Map Required - A Parcel Map and Final Map are required based on the 5 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36269 KOMAR DESERT PROPERTIES, LLC MARCH 4, 2010 Subdivision Map Act, Section 66426(f), and under authority of the City of La Quinta Subdivision Ordinance (Title 13, Section 13.20.020.A; La Quinta Municipal Code). CONDITIONS OF APPROVAL GFNFRAI The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC") and Conditions of Approval for Parcel Map No. 33960 and Site Development Permit 2006-874. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Tentative Parcel Map shall expire on March 4, 2012, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions)• 4. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 5. 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 R CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36269 KOMAR DESERT PROPERTIES, LLC MARCH 4, 2010 material breach of the Conditions of Approval. 70i]a4fla 1[o1CIl 6. Prior to acceptance of the final parcel map, the applicant shall acquire or confer easements and other property rights necessary for proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. Specifically, the applicant shall ensure that fire suppression -related improvements are adequately maintained under private agreement(s) with the individual parcel owners and/or the common area maintenance association. The instrument(s) establishing the requirement for private maintenance shall be incorporated into the CC&R's, which shall be subject to review by Riverside County Fire Department, La Quinta Public Works, and the City Attorney. 7. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for proper functioning of the proposed development not limited to access rights over proposed and/or existing private drive aisles that access public streets and open space/drainage facilities of the master development. 8. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 9. The perimeter landscaping setbacks along Highway 1 1 1 has been dedicated by Parcel Map 33960 and therefore is not required by this tentative parcel map. 7 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36269 KOMAR DESERT PROPERTIES, LLC MARCH 4, 2010 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 10. 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. 11. Direct vehicular access to Highway 1 1 1 and drive aisles accessing Highway 1 1 1 from lots with frontage along Highway 1 1 1 and drive aisles accessing Highway 111 is restricted, except for those access points identified on the tentative Parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final Parcel map. 12. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 13. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 14. 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)• A. A Water Quality Management Plan (WQMP) Exemption Form was submitted to the Public Works Department by Komar Desert Properties, LLC. 0 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36269 KOMAR DESERT PROPERTIES, LLC MARCH 4, 2010 IMPROVEMENT SECURITY AGREEM 15. Improvements conditioned under Parcel Map No. 33960 and SDP 2006-874 have been completed and security obligations have been released. PUBLIC SERVICES 16. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. 17. All fire suppression equipment shall be privately maintained by the respective property owner(s) of benefit, as per Condition #6 under PROPERTY RIGHTS. MAINTENANCE 18. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 19. The applicant shall maintain ongoing provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 20. 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. 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