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2010 10 12 PCCity of La Quinta Planning Commission Agendas are now available on the City's Web Page 1 @ www.la-guinta.org 5 OFF PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California OCTOBER 12, 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 2010-020 Beginning Minute Motion 2010-007 I. 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 September 28, 2010. V. PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item ................... SITE DEVELOPMENT PERMIT 2010-915 Applicant........... Tony Kraatz, Ken Garff Automotive Group Location............ Southwest Corner of Highway and la Quinta Drive (Centre at La Quinta - Auto Centre) Request ............. Consideration of Renovation and Expansion of an Existing Vacant Automotive Dealership Site. Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval, with Conditions - Resolution 2010- VI. BUSINESS ITEM: A. Item .................. PROJECT AREA NO. 2 AMENDMENT Applicant........... City of La Quinta - Redevelopment Agency Location............. Generally East of Washington Street Between Hidden River Road and Mountain View Road. Request ............. Consideration Of A Report and Recommendation on the Adoption of the Proposed Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval - Resolution 2010- VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of October 5, 2010 by Commissioner Quill. B. Commissioner Weber is scheduled to attend the October 19, 2010, City Council meeting. IX. DIRECTOR ITEMS: A. Update on Joint Council Meeting Discussion Items X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on October 26, 2010, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, October 12, 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 Thursday October 7, 2010. DATED: October 7, 2010 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 September 28, 2010 CALL TO ORDER 7:00 P.M. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson. ABSENT: None STAFF PRESENT: Planning Director Les Johnson, Planning Manager Dated Sawyer, Assistant Planner Yvonne Franco, Assent Planner Eric, Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There were two amendments requested: 1). Commissioner Barrows asked that Commissioner Quill's name be added to those present at the meeting; since he was in attendance; and 2). Commissioner Weber noted the starting and call -to -order times were different and asked that they be corrected. There being no further comments, or suggestions, it was moved by Commissioners Weber/Barrows to approve the minutes of July 27, 2010 with corrections noted. AYES: Commissioners Barrows, Quill, Weber, and Wilkinson. NOES: None. ABSENT: None. ABSTAIN: Chairman Alderson. V. PUBLIC HEARINGS: A. Sign Program 2002-618, Amendment No. 3; a request by BRR Architecture for consideration for a sign program amendment for The Centre at La Quinta Sign Program to address new signage for Walmart Planning Commission Minutes September 28, 2010 located south of Highway 1 1 1, between Adams Street and Dune Palms Road in The Centre at La Quinta. Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked why the existing signs were being changed. Planning Director Johnson replied this was a corporate move to update their logo, and overall building appearance; including painting the exterior and minor interior remodeling. Commissioner Weber asked if there was any informationon the tenant signs. Assistant Planner Franco said currently there were no proposed specific tenant signs for those locations and commented on current and previous tenants and their signage needs. Commissioner Weber asked if there would be any issues with directional s,igns.� Planning Director Johnson said staff did not anticipate any issues but because this was a sign program amendment that language was included in ewe something additional was proposed by Walmart. He added, if so, it could be reviewed and considered by the Planning Director and could' be brought back to the Commission if there were any major changes. Staff currently views the directional signage as being a minor concern which could be handled administratively. Discussion followed on the directional signs for the tire and lube area, the elevation of the Walmart sign and its colors. General comments were made to the applicant regarding the need for trimming the parking lot trees and how that would improve the sign visibility.. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to speak:. -2- Planning Commission Minutes September 28, 2010 Mr. Tony Garza, BRR Architecture, representing the client, Walmart Stores, introduced himself and acknowledged the comments on tree trimming. Mr. Garza also said he would share that information with the client. He then said if the Commissioners had any questions, he was there to answer them. Commissioner Weber asked Mr. Garza to comment on the tenant signs and what they anticipated. Mr. Garza commented on what tenants they now have and added there were currently no tenant signs on the building. They were trying to identify where the future sign locations would be, but stated Walmart leaves that up to the tenants involved. Chairman Alderson asked if they were planning two locations to be determined later. Mr. Garza said they were planning for the locations, but not for the actual signage. There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if therewas any public comment. There being no public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. Commissioner Weber said he remained sensitive to directional signs and commented on a nearby location. He was not concerned if these signs w6re going to be specifically for Walmart and nothing else in the Center. Chairman Alderson asked if he was comfortable with staff's previous response on the directional signs and he replied he was. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Weber to adopt Minute Motion 2010-005 recommending approval of Sign Program 2002-618, Amendment No. 3 as submitted. Unanimously approved. B. Sign Program 2006-1017, Amendment No. 1; a request by Lucas Coronel for consideration of a request for a sign program amendment -3- Planning Commission Minutes September 28, 2010 for Coronel Plaza located at the southwest corner of Calle Tampico and Avenida Navarro. Assistant Planner Eric Ceja presented the: staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked about the example showing duplicate signs. He wanted to know if that was just an example or did they actually want the signs at two different locations. Staff said the graphics shown were just for illustration purposes. The current sign program allowed one sign Per tenant. General discussion followed regarding fourteen sign locations, and adding six for a total of twenty sign locations; since there were only ten tenants. Comments were includedon the amendment allowing more flexibility for sign locations. There being no further questions of staff, Chairman Alderson asked if the applicant would like to speak'. Mr. Lucas Coronel - 48-820 Eisenhower Drive, La Quinta CA - introduced himself and said he wanted to make a correction and noted the request was submitted to allow the flexibility of having more than one sign per tenant. The application was submitted using the example showing two tenants with signs on the north and east sides of the building. He explained where the building was located and where his tenants' signs would get the most exposure. He added that he had two tenants who were motivated to move to the site by its location and they wanted the additional signs. He was asking for the flexibility to have signs' in more than one location; such as Old Town has. His tenants needed the exposure from both sides of the building. Chairman Alderson asked if he wanted the amendment to include multiples of the same signs on the building. Mr. Coronel said a maximum of two - on the north and east sides; if the tenants chose to have them. Planning Commission Minutes September 28, 2010 General discussion followed regarding one sign versus two, the need for flexibility, and clarification of the applicant's request. Commissioner Barrows asked for clarification on where the single tenant sign information was found in the staff report. Staff responded it was on page 11, IV.A.1., where it stated "Each tenant will be assigned one of the predetermined sign envelopes approved by The City of La Quinta. The tenant sign may not exceed this sign envelope." Staff continued, if the Commission wanted to consider granting the applicant's request, that language would have to be amended. Mr. Coronel said the sign program was originally submitted in 2006 and the information the Commissioner's were presented in the staff report was not something he turnedin with the new amendment. Staff responded by saying the application was not reviewed with the understanding that there would be two signs, for a total of 20, on the building. Staff commented that the Commission had the discretion to pursue and consider the request by the applicant, with the potential for 20 signs on this building. HoweVW—, staff had not contemplated this change in the analysis of the application, and it was not included in the information provided to the Commission. Mr. Coronel expfatned the motivation for requesting the 20 signs and the need to accommodate two of his tenants. Commissioner Wilkinson asked how many tenant spaces there were in the building. Mr. Coronel responded there were ten and then commented on the types of signs that were allowed in Old Town versus those allowed on this building. General discussion followed on the Sign Ordinance, signage space available on the building, and the flexibility to offer equal exposure to all the applicant's tenants. Commissioner Wilkinson asked if there were tenants sharing spaces in this building (one subleasing from another). Mr. Coronel said he did not have any subleases at present. Commissioner Wilkinson asked what the applicant would do if a -5- Planning Commission Minutes September 28, 2010 subleasee also wanted a tenant sign. Mr. Coronel said he would have to explain the situation to them, that this is what is available. They can take it or leave it. General discussion followed on the additional signs, amending the sign program, and possible sign locations. Commissioner Quill asked how the signs were constructed. Mr. Coronel said they were raised lettering that conformed to what was currently on the building. Commissioner Quill asked if they would be illuminated. The applicant responded they would not. There being no further questions of the staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. Commissioner Weber commented on the good looks of this building and the unftanate state of the surrounding areas. He said the building could accommodate the signage without a problem since the signage was not optimal as currently set up. He added the proposed signage made a lot of sense. Discussion followed on what the current sign program was, what the applicant was requesting, where the new signs were to be located and why. General comments were made regarding the assignment of sign locations and sign width versus the window width. Staff commented that sign width information was included in the conditions of approval as number four. Commissioner Barrows asked if other village sign programs allowed more than one sign per tenant. Staff gave examples of the programs for Old Town and the Calle Estado building saying there were mixed numbers of allowable signs in those programs. Planning Commission Minutes September 28, 2010 Mr. Coronel said he had four small spacers, on the far south side of the building, that would never be doubled up. He stated he could restrict those to have one sign only. Commissioner Quill asked if that meant the Commission could restrict the amount of sign locations to 16. Mr. Coronel said yes, that would work. Commissioner Weber remarked that the signage on the tower should be restricted to the width of the window. He added it is needed to direct people and said the additional signs would help people in locating this building. Commissioner Quill suggested the ,,approval state that six tenants would be allowed up to two signs and four tenants would only be allowed one sign. The applicant could pick and choose who those would be. Chairman Alderson asked Lucas Coronel if that served his needs. Mr. Coronel said that was fine. Commissioner Barrows suggested the language of the motion to be made would be to 1) allow the six signs on the north and east exposures of the tower; which was not: previously a location where signs were allowed, and 2) the maximum number of building -mounted signs is limited to 16. Staff added that within the recommendations on page 4, of the staff report, there were four conditions of approval and suggested the Commission ''' focus on changing item number two as well as consideration of the other three items; one of which addresses the issue of the width of the signs in relationship to the windows. General discussion followed to work out the appropriate approval language concluding with six (6) tenants will be allowed up to two (2) signs and four (4) tenants will be allowed) one (1) sign. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Minute Motion -7- Planning Commission Minutes September 28, 2010 2010-006 recommending approval of Sign Program 2006-1017, Amendment No. 1, with staff's recommended Conditions of Approval numbered 1, 3, and 4, and amending Condition No. 2, as follows: 2. The building shall not have more than sixteen (16) individual building -mounted signs; which shall be assigned as six (6) tenants being allowed two (2) signs and four (4) tenants being allowed one (1) sign. Unanimously approved. VI. BUSINESS ITEMS: None VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Report of the City Council Meeting and September 21, 2010 presented by Commissioner Barrows, with additional comments by Chairman Alderson and Planning Director Les Johnson. B. Chairman Alderson noted Commissioner Quill was scheduled to report back on°the October 5, 2010, Council meeting. C. Chairman Alderson thanked the Commission for their confidence in him by re-electing him Chairman. D. Commissioner Quill brought up and discussed the lack of paved areas available, in certain sections on Highway 1 1 1, for citizens using public transportation. Anecdotal evidence was given about how difficult it was for the handicapped and elderly to maneuver in those areas. Staff commented that this subject had been previously mentioned and explained the steps being taken to address the problem. Discussion followed with suggestions from the Commissioners on ways to expedite a remedy. Staff said they would pass the information on to the appropriate person(s). -8- Planning Commission Minutes September 28, 2010 [a X DIRECTOR ITEMS: A. Director commented on the upcoming Joint Council Meeting scheduled for November 9, 2010 at 5:00 p.m (for PC and ALRC) and asked for the Commission's input on discussion topics. It was suggested the Commissioners e-mail their topics to staff and noted the item will be agendized at the next meeting for discussion. There should be no more than two or three items. B. Director gave an update of the status of the General Plan (2035). Discussion followed on the update memo and the current status of the General Plan; with emphasis on the traffic plan. Discussion followed on the following points of the General Plan: • Greenhouse Gas Emissions and an (October 18, 2010). • Non -Motorized Transportation and adoption of the Plan. • Livability and sustainability. ADJOURNMENT: upcoming CVAG workshop Trails Plan and the City's There being no further business, it was moved by Commissioners Wilkinson/Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on October 12, 2010. This regular meeting was adjourned at 8:28 p.m. on September 28, 2010. Respectfully submitted, Carolyn Walker, Executive" Secretary City of La Quinta, California PH # A STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 12, 2010 CASE NO: SITE DEVELOPMENT PERMIT 2010-915 REQUEST: RENOVATION AND EXPANSION OF AN EXISTING VACANT AUTOMOTIVE DEALERSHIP SITE ON 3.58 ACRES LOCATION: SOUTHWEST CORNER OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE (CENTRE AT LA QUINTA - AUTO CENTER) APPLICANT: TONY KRAATZ, KEN GARFF AUTOMOTIVE GROUP PROPERTY OWNER: GARFF PROPERTIES, LLC ARCHITECT: WALT WAGNER, WAGNER ARCHITECUTRE GROUP LANDSCAPE ARCHITECT: PATRICK HERRING LANDSCAPE DESIGN ENGINEER: JOHN SANBORN, SANBORN A/E, INC. ENVIRONMENTAL REVIEW: THE PLANNING DEPARTMENT HAS DETERMINED THAT ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE PROPOSED USE HAVE BEEN REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 1997-337, IN WHICH ENVIRONMENTAL IMPACT REPORT (EIR) WAS PREPARED AND APPROVED (STATE CLEARINGHOUSE # 9701 1055). THE PROPOSED IMPROVEMENTS TO THE SITE ARE NOT SUBSTANTIVE ENOUGH TO TRIGGER REVIEW OF AN ENVIRONMENTAL ASSESSMENT. ZONING: REGIONAL COMMERCIAL (CR) GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (RC) SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 1 of 10 SURROUNDING ZONING/LAND USE: NORTH: REGIONAL COMMERCIAL (CR) - THE PAVILIONS AT LA QUINTA SOUTH: REGIONAL COMMERCIAL (CR) - CENTRE AT LA QUINTA (VACANT) EAST: REGIONAL COMMERCIAL (CR) - CENTRE AT LA QUINTA (GOODYEAR) WEST: REGIONAL COMMERCIAL (CR) - CENTRE AT LA QUINTA (NISSAN) BACKGROUND The Centre at La Quinta was approved in 1997, under Specific Plan 1997-029, Environmental ,Assessment 1997-337, and City Council Resolution 1997-064. The specific plan encompasses over 99 acres, bounded by Highway 111 to the north, Adams Street to the west, and Dune Palms Road to the east (Attachment 1). The approved specific plan established design criteria for perimeter landscape, site lighting, architectural themes, and delineates between two types of permitted land uses; mixed regional commercial and automotive. The northwest portion of the specific plan area is reserved for up -to five automotive related uses, including three (3) automotive dealerships along Highway 111 and other automotive related uses south of Auto Centre Drive (Attachment 2). In 2008, the previous automotive dealer, KIA, vacated the pad #3 site at the southwest corner of Highway 111 and La Quinta Centre Drive. The site has since been vacant for two (2) years. The applicant, Ken Garff Motors - Chevrolet/Cadillac, is currently located within the City of La Quinta, at the southwest corner of Highway 111 and Simon Drive. M)MRAL The applicant proposes to relocate their current automotive sales and services, from Simon Drive, to the existing vacant automotive dealership site at the Centre at La Quinta. The proposal is to expand the existing sales and service center and to construct a second dealership sales and showroom building in order to serve the individual needs of both Chevrolet and Cadillac. The expansion of the building facilities will increase the overall building square footage at the site by approximately 11,000 square feet, while removing existing paved parking and storage areas. The proposed plans are attached as Attachment 3 and photographs of the site are attached for your reference as Attachment 4. SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 2 of 10 Site Design Building Location and Orientation The existing sales and service building is located in the center of the site. The building is oriented east, and faces La Quinta Centre Drive. The building's sales entrance faces east and the automotive services entrance is along the south portion of the building and exits on its north side. The east customer entrance has a covered pedestrian entry area and the south facing automotive services entrance is covered by a porte-cochere (Attachment 3 pg. 5). Sales Center/ Showroom The applicant is proposing to enclose the existing sales covered entrance to accommodate the expanded indoor automotive showroom. The enclosed area will add 1,156 square feet to the existing 15,961 square foot building area, for a total of 17,117 square feet. The design and color scheme of the enclosed addition will distinguish this portion of the building as the building's main entrance (Attachment 3, pg. 2). Service Center The applicant also proposes to expand the existing automotive service center along the buildings' west elevation. The expansion of the service center is to accommodate the addition of the second dealership to the site. The service center will be expanded north of the existing service center and will increase the number of service bays from 10 to 19 and will increase the overall service area by 6,518 square feet. The expansion of the service center does not impact customer parking. The service center addition will include a roll -up exit along the north elevation facing Highway 1 1 1 (Attachment 3, page 5.0). Cadillac Buildin The proposed Cadillac building is located south of the existing dealership building. The building contains approximately 3,933 square feet and will be used as a showroom and sales facility. The building also contains a customer service entrance along its west elevation. The service entrance will be covered by a 1,376 square foot porte- cochere. Vehicular Circulation and Parkin Vehicle circulation and parking is established at the site. The proposed service center expansion of the existing building is on an existing paved storage and parking apron. No public, visitor, or guest parking is being removed to accommodate this expansion. SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 3 of 10 The proposed Cadillac building is also being expanded on an existing paved apron. The apron was previously marked for vehicle storage parking; none of the parking was required by the La Quinta Municipal Code for public, visitor or guest parking. Pedestrian Access and Circulation Pedestrian access to the site was established under the original site development permit (SDP 91-603), and will not be altered. Current pedestrian access is provided from La Quinta Centre Drive, to the east, and Auto Centre Drive to the south. The pedestrian accesses comply with current ADA requirements, and provide a direct pedestrian route from public roads to building entrances. Architecture The architecture of the existing building was established in the specific plan and original site development permit. The current building is a traditional box -type building, with covered entrances along the east and south elevation. The existing building is a mix of split -face block and stucco, painted off-white and tan. The building elevations are flat and do not provide relief or additional building articulation. The additions to the existing building will incorporate new architectural textures and materials. The existing showroom and expanded service center will provide a varying color scheme to match Chevrolet dealership requirements. The new color scheme will include a blue aluminum composite material used as an accent trim along the building including the converted entry cover. The remaining building will be covered in grey aluminum composite material. The expansion of the existing service center will extend the building eight -four (84) feet north, and forty-four (44) feet past the existing sales building. The expanded service center will add a north -facing metal roll -up door that detracts from the buildings architecture. The aesthetic of the metal door has been softened by framing the metal door and applying additional paint colors and incorporating a small amount of the engineered limestone material used on the Cadillac building. The applicant would also like to use this frame as a potential sign location for the Cadillac building. The new Cadillac building is a rectangular design with building relief at the sales entrance on the east elevation. The building will incorporate an engineered limestone material for the buildings facade. The proposed service center porte-cochere will be covered by grey aluminum composite material to match the Chevrolet dealership. The grey aluminum composite material will also be used as trim for the Cadillac building and will add contrast to the engineered limestone material that is proposed for the facade. A photograph of the Materials Board is attached for your reference as Attachment 5; the Board will also be available for review at the time of the meeting. SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 4 of 10 Landscaping The site contains an established internal and perimeter landscape theme, in compliance with the approved specific plan. Additional minor planting areas created by the building additions will be landscaped to match existing site conditions, which include the planting of Mexican fan palms, Texas rangers, cassia and bougainvillea. Lighting The proposed renovation and expansion will require additional building -mounted lights at building entries, including, the north -facing service entrance. The applicant has proposed to use the same wall -pack lighting fixtures that currently exist on the buildings. The lights will be fully -shielded and directed downward. Lighting details can be found on page 4.0 of Attachment 3. Site lighting was established under the original site development permit. Currently, the site has several twenty-four (24) foot tall pole mounted lights. The lights are fully shielded and direct light downwards. The existing illumination is sufficient to light the site and no new site lighting is proposed in the surrounding parking and vehicle storage areas. A select: number of pole -mounted lights will be removed or reconfigured to accommodate the building expansions and additions (Attachment 3, pg. 4.0). Sustainability The proposed Cadillac building incorporates solar control over the south and east facing windows. The solar controls are an aluminum sunshade, and extend from the building, approximately three (3) feet, over the windows. In addition, the building includes a large porte-cochere to cover west facing windows. The shade elements will decrease the amount of sun and heat received by the windows. ANAI YSIS The current building design and layout are in compliance with the approved specific plan and the City of La Quinta Municipal Code. However, the new building additions and expansion are subject to review. Site Design Building Location and Orientation The building additions utilize the existing buildings layout and orientation, which face La Quinta Centre Drive. The building entry is oriented towards the vehicular access driveway, and faces customer parking. The converted covered entry, facing east, will provide visual relief from the flat box -type architecture that currently exists. SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 5 of 10 The location of the Cadillac building is south of the existing auto -dealership building, and is not visible from Highway 111. The proposed Cadillac dealership building is oriented south -north, with the building's entrance on the east elevation. The building entrance faces the same direction as the Chevrolet building entrance. The porte- cochere for the servicing of vehicles will open to Auto Centre Drive; however, the porte-cochere is a staging area for vehicle check -ins; servicing of vehicles will be contained in the expanded service center, north of the Cadillac building. The proposed service center expansion will extend eighty-four (84) feet closer to Highway 1 1 1 and will be a much more dominant and visual portion of the building. The service center expansion is over an existing paved storage area. As noted, the expansion also includes a large metal roll -up door on its north elevation (Attachment 3, page 5). Vehicular Circulation and Parkin The proposed building additions, particularly the proposed Cadillac building, will impact vehicular circulation. As proposed, the Cadillac building does not provide parking isles that meet the municipal code requirement. The current isle along the west side of the Cadillac building is approximately twenty (20) feet and the parking isle along the east side of the Cadillac building is approximately twenty-four (24) feet; the Municipal Code requirement for a parking isle is twenty-six (26) feet. The west drive is of particular concern for the Riverside County Fire Department which has commented that this narrow dimension sharpens the turning radius of the fire lane located by the new trash enclosure. Staff has conditioned the applicant to meet the Municipal Code requirements for a twenty-six (26) foot wide parking isle. Pedestrian Circulation Pedestrian access and circulation patterns at the site are established. The new building and site layouts do not decrease the functionality and relationship with surrounding public streets and adjacent. However, the submitted plans do not show an ADA compliant pedestrian path between the two buildings. Staff has conditioned the applicant to provide an ADA compliant path between the existing building and the new Cadillac building to the south. Architecture The building additions utilize the existing building features and orientation. The converted covered entry, facing east, will be enclosed to add additional square footage to the dealerships showroom. The entry will use a blue aluminum composite material to add visual interest and establish this portion of the building as the main entrance. The design is consistent with the specific plan and surrounding commercial SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 6 of 10 developments within the City and at the Centre of La Quinta. The general color scheme of the building is consistent with the approved specific plan, which identifies that "the general color scheme shall be a range from off-white to medium earth tones." However, the proposed blue colored aluminum composite is not typically considered an "earth -tone" color. The use of the blue color material helps to establish the main building entrance and better represents the national brand color scheme for Chevrolet dealerships. The proposed Cadillac building is a box -type, flat roof structure, similar in design as the other auto dealerships at the Centre at La Quinta. The predominate feature on the building is the entry tower and the engineered limestone panel material. The panel material is of superior quality and enhances the overall aesthetic for the building by adding both vertical and horizontal relief to its primary box -like design. The materials, including the tan color of the engineered limestone, comply with the color scheme of the approved specific plan. As stated earlier, the proposed service center expansion will extend eighty-four (84) feet closer to Highway 1 1 1 and will be a much more dominant and visual portion of the building. The expanded building includes a large metal roll -up door on its north elevation, similar to the existing metal roll -up door on the south elevation (Attachment 3, page 5). The ALRC, during their review of the plans, recommended that the metal door be framed by a minimum depth of one (1) foot and incorporate the engineered limestone material and sunshade material used on the Cadillac building. The recommended framing of the service door entry is similar to the framing on the south elevation service entry. The additional treatments will help to soften the aesthetic of the large metal door opening. In addition, there is an existing six (6) foot high block wall that helps screen the visibility of the bottom portion of this area. Landscaping Perimeter and site landscaping was established under the approved specific plan and the original site development permit. The existing perimeter landscape along Highway 1 1 1 is currently being reviewed by the City and the existing auto dealerships at the Centre at La Quinta. Highway 1 1 1 perimeter landscape is still in the design phase. The other perimeter landscaped areas, along La Quinta Drive and Auto Centre Drive, contain existing landscape that is compatible with the approved specific plan. The ALRC expressed concern with regards to continuity and compatibility for all perimeter _landscape. The applicant has agreed, and is conditioned, to ensure that all perimeter landscape be addressed once the final landscape design for Highway 1 1 1 is approved. The expansion of the sales and service centers will create new, relatively small, landscape planting areas within the customer/employees parking areas and near the buildings. The applicant has provided a typical landscape detail for these areas (Attachment 3, page 3.0). The proposed landscape palette matches the approved SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 7 of 10 landscape "Master Plant List" in the specific plan. A more detailed final landscape plan will be submitted at time of building improvements, and in coordination with the City's Highway 1 1 1 landscape design theme. The ALRC did recommend that the landscape on the north -side of the screen wall for the expanded service center be enhanced with additional vertical/columnar plantings, such as Mexican fan palms or other plantings. The objective of the plantings is not to completely block off visibility to the building which contain building -mounted identification signs for Cadillac, but to obscure direct visibility to the service door entry. Staff has placed conditions on the project to comply with the requests of the ALRC. The current site contains small planting areas between the Chevrolet dealership entrance and customer parking. These small planting areas, which total approximately 450 square feet, contain turf and irrigation improvements. The applicant has proposed to remove approximately 125 square feet of turf and to replace with concrete to provide better customer access to the dealerships entrance (Attachment 6). Staff is recommending that the remaining turf areas also be replaced with concrete and small drought -tolerant landscape pockets in order to minimize overspray on customer and display vehicles, and to decrease water use and landscape maintenance at this portion of the site. Lighting Site lighting is regulated through the approved specific plan. Since the applicant is not proposing any new site lighting, staff has concluded that the applicant meets all applicable site light standards for the Centre at La Quinta. The proposed wall pack lights will match the existing wall pack lights at the site. Staff has placed a condition on the permit to ensure that wall pack lights match, and are fully shielded, to prevent light pollution onto surrounding properties. Staff has conditioned the project for both pole -mounted and building -mounted lighting. The conditions will ensure compliance with the approved specific plan and the City's Dark Sky Ordinance. Signs The submitted plans identify potential building -mounted sign location for both dealerships. The sign locations are for graphical purposes only and do not represent or constitute approval of sign designs or locations. All proposed building -mounted identification signs shall conform to the approved specific plan and the approved sign program for the Centre at La Quinta. Staff has placed a condition that the applicant will need to submit a separate sign application with the Planning Department prior to placement of any building -mounted identification signs. SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 8 of 10 ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE REVIEW The Architecture and Landscape Review Committee (ALRC) reviewed this application at its October 6, 2010 meeting. At that meeting, the ALRC adopted Minute Motion 2010-003 recommending approval of SDP 2010-915 by a 3-0 vote. The minutes of this meeting and action are provided as Attachment 7. In the meeting, the ALRC discussed enhancement for the proposed north -facing service exit, and perimeter and interior landscape conditions and maintenance problems. The Committee agreed that perimeter landscape should be compatible around the entire perimeter and that the applicant shall address perimeter landscape once new Highway 1 1 1 landscape designs are approved by the City. The ALRC recommendation was made subject to the following conditions: 1. The remaining turf areas adjacent to the main entrance for the Chevrolet building :shall be replaced with concrete and drought -tolerant landscape pockets. 2. The western -most parking isle, west of the proposed Cadillac porte-cochere, shall comply with the City of La Quinta's Municipal Code requirement for a minimum width of twenty-six (26) feet. This includes the removal and replacement of the existing landscape island and a relocation of the proposed trash enclosure. 3. The applicant shall extend the use of the engineered limestone panels to frame the north service exit and enhance the landscape along the north side of the adjacent screen wall. 4. The applicant shall clean-up all existing landscape areas with appropriate trimming and maintenance of materials. ENVIRONMENTAL REVIEW The Planning Department has determined that environmental impacts associated with the proposed use have been reviewed under Environmental Assessment 1997-337, in which an Environmental Impact Report (EIR) was prepared and approved (State Clearinghouse 9701 1055). The proposed improvements to the site are not substantive enough to trigger review of an environmental assessment. PUBLIC NOTICE AND COMMENT This public hearing was advertised in the Desert Sun newspaper on October 1, 2010. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 9 of 10 correspondence regarding this application has been received. Any correspondence received hence forward to the time of the public hearing will be presented to the Planning Commission at the hearing. PUBLIC AGENCY REVIEW All written correspondence received is on file with the Planning Department. All applicable agency comments have been made a part of the recommended Conditions of Approval for this case. FINDINGS Findings necessary to approve the proposed Site Development Permit can be made and are contained in the attached resolution. RECOMMENDATION 1. Adopt Planning Commission Resolution 2010-XXX approving SDP 2010-915, based upon the Findings contained therein and subject to the attached Conditions of Approval. Prepared by: a;- ERIC CEJ Assistant Planner ATTACHMENTS 1 . Vicinity Map 2. Specific Plan Map and Display Pads 3. Plan Set 4. Site Photographs 5. Materials Board 6. Turf Area 7. ALRC Minutes SDP 2010-915 - Planning Commission Staff Report 10/12/10 Page 10 of 10 PLANNING COMMISSION RESOLUTION 2010-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2010-915, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE RENOVATION AND EXPANSION OF AN EXISTING VACANT AUTOMOTIVE DEALERSHIP SITE ON 3.58 ACRES CASE NO.: SITE DEVELOPMENT PERMIT 2010-915 APPLICANT: TONY KRAATZ, KEN GARFF MOTORS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12" day of October hold a duly noticed Public Hearing to consider a request by Ken Garff Motors for approval of site, architectural and landscaping plans for a the renovation and expansion of an existing vacant automotive dealership site, located at the southwest corner of La Quinta Drive and Highway 1 1 1, within the Centre at La Quinta regional commercial center, more particularly described as: APN : 600-020-014 WHEREAS, the La Quinta Planning Department has determined that environmental impacts associated with the proposed use have been reviewed under Environmental Assessment 1997-337 for Specific Plan 1997-029 (Centre at La Quinta) in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, in which an environmental impact report (EIR) was prepared and approved (State Clearinghouse 97011055). The proposed improvements to the site will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 6"' day of October, hold a public meeting to review the architecture and landscape plans for said project and at said meeting did recommend to the Planning Commission approval of said plans subject to certain conditions of approval; 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 pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: Planning Commission Resolution 2010-XXX Page 1 of 4 Planning Commission Resolution 2010- Site Development Permit 2010-915 KEN GARFF MOTORS OCTOBER 12, 2010 1 . Consistency with the General Plan: The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a renovation and expansion of an existing vacant automotive dealership and at a location which is designated by the General Plan as Regional Commercial (RC). 2. Consistency with the Zoning Code: The proposed project, as conditioned, is consistent with the City's Zoning Map, in that the site is zoned Regional Commercial (CR) and the Zoning Code lists automotive and motorcycle sales and rentals as an allowed use in the Regional Commercial (CR) zone. Further more, the proposed project is consistent with Zoning Code's development standards in that project does not exceed the maximum building height limitation and that the building complies with all setbacks from surrounding property lines. The proposed project is consistent with the approved specific plan (SP 19997-029) for the Centre at La Quinta, in that the improvements comply with the development standard set forth in that document. The Site Development Permit has also been conditioned to ensure compliance with the zoning standards of the CR district, and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with the California Environmental Quality Act (CEQA): The La Quinta Planning Department has determined that environmental impacts associated with the proposed use have been reviewed under Environmental Assessment 1997-337 for Specific Plan 1997-029 (Centre at La Quinta), in which Environmental Impact Report (EIR) was prepared and approved (State Clearinghouse #97011055). The proposed improvements to the site are not substantive enough to trigger review of an environmental assessment. 4. Architectural Design: As conditioned, the architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. Enhanced architectural materials and architectural elements on the building are consistent with the approved requirements of Specific Plan 1997-029 and are compatible with existing architecture along the Highway 1 1 1 corridor. 5. Site Design: As conditioned, the site design aspects of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements consistent with the Specific Planning Commission Resolution 2010-XXX Page 2 of 4 Planning Commission Resolution 2010- Site Development Permit 2010-915 KEN GARFF MOTORS OCTOBER 12, 2010 Plan 1997-029 and are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design: As conditioned, the project landscaping, including but limited to the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the 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 the Planning Commission does hereby approve Site Development Permit 2010-915 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 12th day of October, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: Planning Commission Resolution 2010-XXX Page 3 of 4 Planning Commission Resolution 2010- Site Development Permit 2010-915 KEN GARFF MOTORS OCTOBER 12, 2010 LES JOHNSON, Planning Director City of La Quinta, California Planning Commission Resolution 2010-XXX Page 4 of 4 PLANNING COMMISSION RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2010-915 TONY KRAATZ - KEN GARFF MOTORS OCTOBER 12, 2010 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit (SDP 2010-915). The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC") and approved conditions of approval for Tentative Tract Map 28525 and Specific Plan 1997- 029. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 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 requried: • Riverside County Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public works Clearance) for Building Permits, Encroachment Permits) • 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) • SunLine Transit Agency (SUNLINE) • South Coast Air Quality Management District Coachella Valley (SCAQMD) Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 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; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO["), prior to the issuance of a grading or site construction permit by the City. 4. A California Construction General Permit shall be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgement of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification ("WDID") number, prior to issuance of a grading or building permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 LQMC (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board 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 (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the 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 SDP 10-915 PC COA 2 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 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 Council. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 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. SDP 10-915 PC COA 3 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 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. 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. 9. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer 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 public streets and open space/drainage facilities of the master development. 10. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 1 1 1(Major Arterial - formerly State Highway, 140' ROW) - No additional right of way is required for the standard 70 feet from the centerline of Highway 111 for a total 140-foot ultimate developed right of way. 2) La Quinta Drive (Modified Secondary Arterial, 88' ROW) - No additional right of way is required for the 44 feet from the centerline of La Quinta Center Drive for a total 88-foot ultimate SDP 10-915 PC COA 4 Planning Commission Resolution 2010 Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 developed right of way as per Parcel Map 28525-1 and as approved by Specific Plan 97-029. 3) Auto Center Drive (Collector Road , 74' ROW) - No additional right of way is required from the 34 feet from the centerline of Auto Center Drive for a total 74-foot ultimate developed right of way. 12. The applicant shall retain perimeter landscaping setbacks along all public rights - of -way as shown on Parcel Map 28525-1 as follows: A. La Quinta Drive (Modified Secondary Arterial) - 16-feet from the R/W-P/L. B. Auto Center Drive (Collector) - 16-feet from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 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. 14. Direct vehicular access to La Quinta Drive and Auto Center Drive from the proposed Site Development Permit 2010-915 site with frontage along La Quinta Drive and Auto Center Drive is restricted, except for those access points identified on the site plan, or as otherwise conditioned in these conditions of approval. 15. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 16. 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. 17. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS SDP 10-915 PC COA 5 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 1) Highway 1 1 1(Major Arterial - formerly State Highway, 140' ROW): No additional widening is required on the south side of the street along all frontage adjacent to the proposed Site Development Permit 2010-915 boundary to its ultimate width on the south side as specified in the General Plan. 2) La Quinta Drive (Modified Secondary Arterial, 88' ROW): No additional widening is required on the west side of the street along all frontage adjacent to the proposed Site Development Permit 2010-915 boundary to its ultimate width on the west side as specified in the General Plan. 3) Auto Center Drive (Collector, 74' ROW): No additional widening is required on the north side of the street along all frontage adjacent to the proposed Site Development Permit 2010-915 boundary to its ultimate width on the north side as specified in the General Plan. PARKING LOTS and ACCESS POINTS 18. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or SDP 10-915 PC COA 6 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Modified drive aisles between parking stalls shall be a minimum of 26 feet with modified access drive aisles to public streets a minimum of 30 feet as shown on the Site Development Permit site plan or as approved by the City Engineer. G. Entry driveways including all existing entry driveways to this Site Development Permit site, shall conform to requirements of City of La Quinta Standard Plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 19. General access points and turning movements of traffic to the site are limited to the access locations approved for this Site Development Permit 2010-915 and these conditions of approval. 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 21. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. SDP 10-915 PC COA 7 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 22. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 23. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT' PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 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 Commercial Precise Grading Plan 1 " = 20' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) E. On -Site Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: A through E to be submitted concurrently. SDP 10-915 PC COA 8 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 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 & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Permit precise grading plan when it is submitted for plan checking. "Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 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 approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 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 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 this fact to the City Engineer in lieu of mylar submittal. SDP 10-915 PC COA 9 Planning Commission Resolution 2010- Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 PRECISE GRADING 29. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 30. 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. 31. To obtain an approved grading permit, the applicant shall submit and get approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer or geologist registered in the State of California, 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 with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer,, or engineering geologist registered in the State of California. A statement shall appear on the precise grading plan 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. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 32. 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 SDP 10-915 PC COA 10 Planning Commission Resolution 2010 Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 Plan. 33. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on Site Development Permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Engineer for approval. 35. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by an engineer or surveyor registered in the State of California 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. 36. The applicant is required to provide ADA access between existing and proposed buildings as required and approved by the City Engineer. nRAInIAc;F 37. Stormwater handling shall conform with the approved hydrology and drainage report for Parcel Map 28525 and as modified per these conditions. Nuisance water shall be disposed of in an approved manner. As the aforementioned Hydrology Report for Parcel Map 28525 addressed retention in existing facilities of only 40% of the design 100-year storm event, the applicant is conditioned as follows: 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 for 40% of the design 100 year storm event. More specifically, 40% of the stormwater falling on site during the 100 year storm SDP 10-915 PC COA 11 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 shall be retained within the development, unless otherwise approved by the City Engineer. 38. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 39. 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. 40. 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. 41. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 42. 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. 43. 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). 44. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 45. 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. SDP 10-915 PC COA 12 Planning Commission Resolution 2010- Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 46. Storm drainage historically received from adjoining property shall be received and retained or passed through to the historic downstream drainage relief route. 47. 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. (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. R7-2008-001 . 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. 137-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs for the on - site treatment of all of the "first flush" storm water. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 48. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 49. 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. 50. 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. SDP 10-915 PC COA 13 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 LANDSCAPE AND IRRIGATION 51. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 52. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 53. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 54. The applicant shall submit the final landscape plans for review processing and approval to the Planning Department, in accordance with the Final Landscape Plan application process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 55. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in L.Q.M.0 Section 8.13 (Water Efficient Landscape). 56. 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, 5t" 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. PUBLIC SERVICES 57. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 58. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 59. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and storm water BMPs. SDP 10-915 PC COA, 14 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 FEES AND DEPOSITS 60. 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. 61. 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). PLANING DEPARTMENT 62. The north -facing service bay entrance/exit shall be framed by a portal, with a minimum depth of twelve (12) inches. The portal shall incorporate the engineered limestone panels over the veneer, and shall include the aluminum sunshade used on the Cadillac building. 63. All new wall -pack lighting shall be consistent throughout the site. All exterior lighting shall be fully -shielded to prevent light pollution from encroaching on surrounding properties and public streets. 64. All pole -mounted lighting shall be consistent throughout the site. Pole -mounted lights are limited to maximum of twenty-four (24) feet in height, measured from finished grade, and shall be fully -shielded to prevent light pollution from encroaching on surrounding properties and public streets. 65. The applicant shall improve the existing landscape strip on the north side of the existing screen wall, north of the expanded service center. The landscape strip shall include Mexican fan palms and other columnar plantings to soften the direct view of the service bay door from Highway 1 1 1 . 66. The remaining turf areas, adjacent to the main entrance of the Chevrolet building shall be replaced with concrete and drought -tolerant landscape pockets. 67. All existing perimeter and interior landscape areas shall be cleaned -up by appropriate trimming and maintenance of materials and plants. 68. All new landscape improvements shall comply with the approved landscape palette for the Centre at La Quinta; Specific Plan 1997-029. SDP 10-915 PC COA 15 Planning Commission Resolution 2010- Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 69. The applicant shall ensure there is an ADA compliant pedestrian connection between the two auto dealerships. 70. No building -mounted identification signs are approved with this permit. The applicant shall submit a separate sign application with the Planning Department for review of any proposed building -mounted identification signs. FIRE DEPARTMENT 71. The turning radius for the service center area located by the proposed trash enclosure does not meet the Fire Department's standards for turning radius requirements. The applicant shall redesign the access lane to meet the Fire Departments standards. Please contact the Fire Department at 760-863-8886, to comply with this condition. 72. The applicant shall provide or show there exists a water system capable of delivering a fire flow 2,250 gallons per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed n the construction site. 73. Prior to building plan approval and construction, the applicant shall furnish two copies of the water system fire hydrant plans to the Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 74. Blue dot retro-reflectors pavement markers on private streets m public street and driveways to indicated location of fire hydrants. 75. Fire apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than thirteen 0 3) feet and six (6) inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axels. Access will have a turning radius capable of accommodating fire apparatus. Access lanes shall be constructed with a surface so as to provide all weather driving capabilities. 76. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant shall include in the building plans the required fire lanes and include the SDP 10-915 PC COA 16 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 appropriate lane printing and/or signs. 77. All gates shall be automatic or manual operated. The applicant shall install Knox key operating switched, with dust cover, mounted per recommended standard for the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. 78. 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 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. 79. The applicant shall display street numbers in a prominent location on the address side of the building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of twelve (12) inches in height for building(s) up to twenty-five (25) inches in height. In complexes with alpha designations, letter size must: match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from streets at all hours. 80. Install a complete commercial fire sprinkler system (per NFPA 13 2002 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. 81. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 82. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 83. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM SDP 10-915 PC COA 17 Planning Commission Resolution 2010-_ Conditions of Approval - Recommended Site Development Permit 2010-915 Ken Garff Motors October 12, 2010 service tags affixed. 84. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2007 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 85. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 California Building Code. 86. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 87. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 88. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 89. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 90. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. _91. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2007 CIVIC. 92. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. 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M AVMH!)IH C/) I CY M g m MAIN A �$ D O S $ s' m m ;ttnfi g s � Edi n CD N < o S-12k m gN�3ti vz NSroga� H m x O m m3 n n C CL i fJ VJ r ,r C*l O 8 3� Vim" �n 91 WET m m ATTACHMENT 4 East Elevation — Building Entrance South Elevation — Service Porte-Gochere Looking South at Existing Service Entrance Roll -Up Door Door to move 83 feet closer to HWY 111 Expansion of new Service Center Existing parking/storage apron Looking North at Existing Service Entrance Roll -Up Door ATTACHMENT 5 r- i- z 0 z 0 " E 0 0 GZ CD Cil El z 0 0 El I El 0 ra I 6 -. I I C • ao I > W S U z 0 ' a J > W CY O cc0 ,(i J T 0 b O' J co J a 2Lf _ e Z'� z O h > W S U i } w S CO z LL a w x W ATTACHMENT # 6 Existing turf Condition r, Area to be converted to concrete Staff is recommending that the applicant I replace all existing, small, turf areas near the building entrance with concrete and drought-tolerent landscapes ATTACHMENT # 7 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 6, 2010 10:00 a.m. IV V CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:00 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members Present Committee Member Absent Jason Arnold, Kevin McCune, and David Thoms None C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Eric Ceja,, and Secretary Monika Radeva PUBLIC COMMENT: None CONFIRMATION OF THE AGENDA:'- Confirmed CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of May 13, 2010. Committee Member David Thorns, the only current member present at that meeting, and able to vote on this matter, had no comments or corrections. BUSINESS ITEMS A. Site Development Permit 2010-915 a request submitted by Tony Kraatz, Ken Garff Automotive Group for consideration of renovation and expansion of an existing vacant automotive dealership site located on the southwest corner of Highway 111 and La Quinta Drive (Centre at La Quinta — Auto Centre). Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Architecture and Landscaping Review Committee Minutes October 6, 2010 Planning Director Johnson visually clarified to the Committee, based on the submitted site plan, the proposed building additions and site improvements, including landscaping along the dealership's perimeter. Committee Member McCune asked staff where on the site plan the applicant needed to expand the drive aisle to meet the minimum width municipal code requirement of twenty-six feet. Staff pointed to the location on the plans and noted the applicant should easily be able to meet the condition. Committee Member McCune asked if there were any concerns with the turning radius in that area required by the Fire Department. Staff said the Fire Department had expressed a concern and had requestedfurther information from the applicant on the turning radius. Staff noted that if the twenty-six feet width requirement was met, that would also expand the turning radius and the applicant would be compliant with the Fire Department requirements. Committee Member Thoms asked for clarification on the proposed landscaping improvements' along Highway ',1 1 `1 . Planning Manager Sawyer said the existing service center on the north side would be expanded and the service exit would become more prominent. He explained staff's recommendation was for the applicant to use limestone to frame the north service exit and to enhance and soften the landscaping along the north side of the adjacent screen wall. Committee Member Arnold asked what the cloud symbol used on the site plan indicated. Staff replied the cloud symbol is used on the site plan in two ways, first, where new planting is proposed (plant materials are identified) and second, where existing planting into remain (plant materials are not identified). Mr. Michael R. Hastings, Principal with Direct Point Advisors, 611 South Orchard Drive, Burbank, CA 91506, introduced himself. He said the City of La Quinta was working on a comprehensive landscape improvement plan for Highway 111. This plan would also address the automotive display of merchandise, taking away the current display of cars on the dealership's surrounding grassy areas, and place them in designated pods. Mr. Hastings explained the site plans were not specific in regards to the landscape improvements because the applicant was waiting to get direction from the City on what the new requirements would be. At that time a Final Landscaping Application would be submitted with the P:\Reports - ALRC\2010\ALRC_11-3-10\ALRC MIN_10-6-10_Draft.doc 2 Architecture and Landscaping Review Committee Minutes October 6, 2010 Planning Department identifying the proposed landscape improvements for the site. Mr„ Walt Wagner, Architect with Wagner Architecture Group, 815 Civic Center Drive, Suite #101, Oceanside, CA 92054, introduced himself and confirmed that the cloud symbols represented the existing landscaping. He said the graphics were taken directly from the survey and were depicted exactly the way the surveyor had graphically presented it. Committee Member McCune expressed a concern regarding the perimeter landscaping along Auto Center Drive and La Quinta Drive. He said the existing landscaping was either dead or had not been kept up properly and he would like to see it improved. Mr, Hastings replied the landscaping around the entire dealership's perimeter would be addressed, not just along Highway 111. However, he said the applicant would like to hold off from submitting any landscaping improvement plans until the City has given them direction as the same landscaping theme that was derided upon for the Highway 111 perimeter would be carried throughout the entire project as well as the perimeters along Auto Center and La Quinta Drives.' Committee Member McCune recommended that the applicant re- face the service exit on the north side the same way as the entrance on the south side. He said he was very pleased with the proposed design on the south entrance and found it was important to have signage along 'Highway 111 as it would give the dealership more exposure. Committee Member McCune asked for more information on the proposed aluminum sunshades. Mr. Wagner replied the sunshades were not solid to the sky and had slated louvers which provided shade on the glass windows. They were placed above the doors and windows and were horizontal. Planning Director Johnson said the sunshades were very much like awnings, they are horizontal and project out approximately three feet providing solar control along the east and south sides of the Cadillac building. He said staff had been discussing with the applicant to incorporate a little eyebrow of that awning above the P:AReports - ALRC\2010\ALRC_I1-3-10\ALRC MIN_I0-6-10_Draft.doc 3 Architecture and Landscaping Review Committee Minutes October 6, 2010 service exit roll -up door, sticking out about twelve inches giving it some architectural depth. Committee Member Thoms said he would like to see enhancement of the landscaping along all perimeters of the proposed dealership at this time. He acknowledged the applicant had stated it would be better to wait until they have been given direction from the City, but: he recommended that there is no delay for the landscape improvements. He briefly discussed the poor condition of the existing landscaping at the site. Planning Director Johnson said the landscaping improvements for this project were very minor. He talked about the large amount of turf that was prevalent along Highway 111 and the City's plans to convert it to desert scape through the Highway 111 re -design project. He said staff agreed with the applicant that it would be better to hold off and address the landscaping at a later time in order to ensure that their landscaping would have a consistent theme that matched what would go along Highway 1 1 1 . Committee Member Thoms asked who was in charge of the Highway 111 re -design project. Staff replied Ron Gregory and Associates is working with the City on the re -design project and RGA Consulting would be involved in the implementation process. Planning Director Johnson said staff agreed with the Committee's comments that the landscaping needed to be addressed, but felt that timing -wise, it was better to wait and ensure continuity in the enhancement of Highway 1 1 1 . Committee Member Thoms said he was surprised that the dealership was willing to open without addressing the landscaping along the Auto Center Drive and La Quinta Drive perimeters. He said these two streets, though located behind Highway 1 1 1, were in fact the front door to the dealership. He asked about the presumed timing for the completion of the re -design project. Planning Director Johnson replied the design concept is expected to be completed within the next ninety days. Thereafter, the City would have to closely work with all three dealerships along Highway 111 and schedule the design implementation. Discussion followed regarding the multiple owners that would be affected by the Highway 111 re -design project and the P:\Reports - ALRC\2010\ALRC_11-3-10\ALRC MIN_10-6-10_Draft.doc 4 Architecture and Landscaping Review Committee Minutes October 6, 2010 corn prehensiveness of the project which incorporated not only landscaping, but vehicle displays and signage as well. Committee Member Thorns suggested the applicant should clean up and maintain the perimeter landscaping and the palm trees until the improvements could be implemented. Planning Director Johnson said the Committee could make that recommendation to the Planning Commission for consideration. Discussion followed regarding the landscape maintenance issues associated with the site. Committee Member McCune asked if the City's Public Works Department would be working with RGA Consulting on the implementation of the re -design project. Planning Director Johnson replied both, Planning and Public Works Departments, would be closely involved. Committee Member McCune asked if RGA Consulting would be responsible for the dealerships' perimeter landscaping along Highway 1 1 1 as well. Staff replied all three dealerships would have to submit Final Landscaping App;[ications with the Planning Department for the proposed improvements and explained the review and approval process. Committee Member Arnold said that keeping the landscape uniform all across Highway 111would make a big difference and would look very nice. Discussion 'followed regarding staff's and RGA Consulting joint efforts on the re -design project, the types of trees that would be appropriate to use in order to provide shade and not obstruct the line of sight, etc. Committee Member Thorns asked if the Highway 111 re -design project would affect privately owned property. Planning Director Johnson replied the only private property that would be affected would be the three dealerships and the developer of that complex. He said at this time the City was not putting any obligation onto the dealerships, but once the re -design was completed, it was expected that they try to incorporate the design onto their site's other street frontages. P:AReports - ALRC\2010\ALRC_11-3-10\ALRC MIN10-6-10_Draft.doc Architecture and Landscaping Review Committee Minutes October 6, 2010 Further discussion followed between staff and the Committee regarding the implementation process and the areas that would be affected. Mr. Hastings said the applicant was more than willing to adopt and integrate the re -design concept onto their perimeter landscape and was committed to ensure that it would be properly maintained. Committee Member Arnold asked if it was the applicant's intent to carry the same design concept all throughout the entire dealership property, such as the islands, etc. Mr. Wagner replied it would all depend on the heights and tree treatments. He explained that due to the high maintenance of the cars, it was necessary to architecturally ensure that the sprinklers would not be spraying the cars or the trees would not be dropping sap on them, etc. There being no further discussion, it was moved and seconded by Committee Members McCune/Thoms to adopt Minute Motion 2010- 00:3, recommending approval of Site Development Permit 2010-915 as submitted, with staff's recommendations, and with the recommendation to have the existing landscape cleaned up and appropriately trimmed and maintained. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None. VIII. PLANNING STAFF ITEMS: A. Planning Commission Update Planning Manager Sawyer said staff was continuing to work on the General Plan Update and would be bringing updates regarding relevant design and landscape issues to the Committee, probably some time in the upcoming spring. B. Discussion of Joint Council Meeting Items (Scheduled for November 9, 2010) Planning Director Johnson said the annual Joint Council Meeting with the various Commissions and Committees was scheduled to be held on Tuesday, November 9, 2010. He explained that both, the Planning Commission and the Committee, since the Committee reported to the P:\Reports - ALRC\2010\ALRC_11-3-10\ALRC MIN 10-6-10_Draft.doc 6 Architecture and Landscaping Review Committee Minutes October 6, 2010 Planning Commission, would be attending the meeting together from 5:00 p.m. until 6:00 p.m. Committee Member Thoms asked to be notified of the meeting details. Planning Director Johnson asked the Committee to submit any topics they might like to discuss with the City Council during the Joint Council Meeting to the Planning Department no later than October 12, 2010. Committee Member Thoms said he would like to get more information on a re -design project of the Highway 1 1 1- and Washington Street intersection. Staff replied there were preliminary discussions about possibly implementing a triple left lane northbound on Washington Street to facilitate the movement of traffic onto Highway 1 1 1 west. Staff noted one of the impacts of the triple left lane would be that the entrance to the La Quinta Village Shopping Center from Washington Street northbound would be blocked off and the shopping center would only be accessible from the Highway 1 1 1 and Plaza La Quinta intersection. Committee Member McCune asked staff to e-mail him an electronic copy of the minutes from last year's annual Joint Council Meeting. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Thoms/Arnold to adjourn this meeting of the Architecture and Landscaping Review Committee to a Regular Meeting to be held on November 3, 2010. This meeting was adjourned at 11:45 a.m. on October'6, 2010., Respectfully submitted, MONIKA RADEVA Secretary P:AReports - ALRC\2010\ALRC_1 1-3-10\ALRC MIN 10-6-10_Draft.doc 7 STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 12, 2010 CASE NO: NOT APPLICABLE APPLICANT: LA QUINTA REDEVELOPMENT AGENCY PROPERTY OWNER: LA QUINTA REDEVELOPMENT AGENCY REQUESTS: MAKE A REPORT AND RECOMMENDATION ON THE ADOPTION OF THE PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 ENGINEER: NOT APPLICABLE LANDSCAPE ARCHITECT: NOT APPLICABLE LOCATION: NOT APPLICABLE ENVIRONMENTAL CONSIDERATION: IN ACCORDANCE WITH CEQA AND STATE LAW, THE PREVIOUSLY -APPROVED NEGATIVE DECLARATION FROM THE COUNTY OF RIVERSIDE DETACHMENT OF THE AMENDMENT AREA FOR THE PROPOSED FIFTH AMENDMENT GENERAL PLAN DESIGNATION: HIGH DENSITY RESIDENTIAL (HDR) ZONING: HIGH DENSITY RESIDENTIAL (RH) SURROUNDING LAND USES: NORTH - Unincorporated Riverside County (Hidden River Road, vacant undeveloped property, multi -family residential) EAST - Unincorporated Riverside County (vacant undeveloped property) SOUTH - City of La Quinta (Mediterra Apartments) WEST — Washington Street, City of Palm Desert (Office, church, single-family residential) BACKGROUND: The La Quinta Redevelopment Agency ("Agency") has proposed an amendment to the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 ("Redevelopment Plan") for the purposes of adding an existing 73 unit apartment complex and a 5.8 acre vacant parcel ("Fifth Amendment") to La Quinta Redevelopment Project Area No. 2 ("Project Area No. 2"). Combined, these contiguous properties are 12.24 acres in size and are located east of Washington Street and south of Hidden River Road ("Added Area"); they were annexed into the City in December 2007. The Agency owns the vacant parcel and apartment complex and intends to rehabilitate the apartment complex and construct up to 83 new apartment homes on the vacant parcel. The existing apartment complex is occupied by very low and low income senior and handicapped households. The new apartment homes would be slated for the same type of households. Prior to annexation, the City amended the General Plan and Zoning and designated the properties High Density Residential. The High Density Residential designations provide for a maximum density of up to 16 dwelling units per acre. In accordance with the City's density bonus provisions, the maximum density may be allowed to exceed 16 dwelling units per acre. The land use and zoning designations assigned to the subject properties are consistent with the adjacent property to the south, which is an existing apartment complex located within the City limits. When considering the existing and planned units for the subject properties, the density contemplated is approximately 12.7 dwelling units per acre. The California Redevelopment Law ("CRL") mandates that the Agency secure 2,307 affordable dwellings. These dwellings must feature covenants to insure that they remain affordable to very low, low or moderate income households for 45 to 55 years (45 years for owner -occupied units and 55 years for rental units). To date, the Agency has secured, or is in the process of securing, 1,507 units. The subject properties would contribute to this effort. Per the CRL, a redevelopment agency must produce two affordable units for every one unit it receives credit for, if the properties are located outside of a redevelopment agency's redevelopment project area; the redevelopment agency receives a one for one credit if the dwellings are located in a project area. In order to receive one for one unit credit for the subject property's existing and proposed affordable units, the Agency is proposing to amend the Redevelopment Plan and add the properties to Project Area No. 2. 2 In July 2008 by Resolution 2008-046, the Planning Commission approved the Preliminary Plan that delineates the area to be added by the Fifth Amendment. The next and final step of the Planning Commission is to review text of the proposed Fifth Amendment and make its report and recommendation to the Agency and City Council, including a determination whether the Fifth Amendment is in conformity with the La Quinta General Plan. The Added Area was a part of the Riverside County Desert Communities Project Area Palm Desert Sub -Area. In May 2010 the Board of Supervisors of the County of Riverside approved the detachment of the Added Area so that the Agency could move forward to add the Added Area into Project Area No. 2 to use the parcels to meet the Agency's State -mandated inclusionary housing requirements. PRnPnSAl The Agency requests that the Planning Commission review the attached draft text of the Amended and Restated Redevelopment Plan for Project Area No. 2 ("Amended and Restated Plan"). The Amended and Restated Plan incorporates changes from the Fifth Amendment and from four prior amendments that were approved and recorded by ordinance but were never incorporated into the plan text. The CRL requires the Planning Commission to review the proposed Fifth Amendment, which is within the Amended and Restated Plan, and determine its conformity to the City's General Plan. Changes made to the original plan are marked in the Amended and Restated Plan with strikethrough (deleted text) and underline (new text). The following change has been incorporated into the Amended and Restated Plan for the Fifth Amendment: • Incorporates the Added Area into the Redevelopment Plan for the purpose of developing and substantially rehabilitating low to moderate income housing. The Added Area has its own time and financial limits based on the date the ordinance adopting the Fifth Amendment is approved. The following changes have been incorporated from four prior amendments that were not incorporated into the existing plan text: • Incorporates changes from the Fourth Amendment (adopted on March 16, 2004 by Ordinance No. 404) repealing the time limit to incur loans, advances and indebtedness for Project Area No. 2. • Incorporates changes from the Third Amendment (adopted on March 16, 2004 by Ordinance No. 403) increasing the duration of the Redevelopment Plan's effectiveness by one year. 3 • Incorporates changes from the Second Amendment (adopted on February 3, 2004 by Ordinance No. 399) increasing the limit on the number of tax dollars which may be allocated to the Agency from this Project Area No. 2 to $1.5 billion. • Incorporates changes from the First Amendment (adopted on December 20, 1994 by Ordinance No. 259) to change the time limit on when the Agency may repay loans, advances and indebtedness and receive property tax increment to ten (10) years from the termination of the effectiveness of the Redevelopment Plan. (The First Amendment also changed the time limit on when the Agency may incur loans, advances and indebtedness; however this time limit was repealed by the Fourth Amendment as noted above.) ANAI YSI-q• The Fifth Amendment does not deviate from the current Redevelopment Plan's land use policies, which mirror those in the City's General Plan. The Fifth Amendment does not propose any change in land use designations or existing General Plan policies. As such the Fifth Amendment does conform to the City's General Plan, and implementation of projects under the Fifth Amendment would also conform to the General Plan. The use of Eminent Domain is not currently allowed in the Project Area, and this Fifth Amendment does not allow the use of Eminent Domain in the added area. The Agency will not receive tax increment in the added area pursuant to Section 33670 for the Redevelopment Law. Therefore, staff believes the Planning Commission can make a report of its findings that the proposed Fifth Amendment is in conformance with the General Plan and recommends approval. PUBLIC NOTICE AND COMMENT: No public notice is required for this action. STATEMENT OF MANDATORY FINDINGS: Based on the provisions of the General Plan and Zoning Code, findings necessary to approve this proposal can be made as noted in the attached Resolution to be adopted for the Fifth Amendment. M RECOMMENDATION: 1. Adopt Resolution , making a report and recommendation on the adoption of the proposed Fifth Amendment to the Redevelopment for the La Quinta Redevelopment Project Area No. 2. Transmitted by: Douglas R. vans Assistant Cityl*anager - Development Services ;a( J o h�rS annin_ Director Attachments: 1 . Draft Text of the Proposed Fifth Amendment to the Redevelopment Plan 5 PLANNING COMMISSION RESOLUTION 2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING ITS REPORT AND RECOMMENDATION ON THE ADOPTION OF THE PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL"); and WHEREAS, the City Council of the City of La Quinta ("City Council") approved and adopted the Redevelopment Plan for Redevelopment Project Area No. 2 ("Redevelopment Plan"), by Ordinance No. 139 on May 16, 1989, as amended by Ordinance No. 259 on December 20, 1994, by Ordinance No. 399 on February 3, 2004, by Ordinance No. 403 on March 16, 2004, and by Ordinance No. 404 on March 16, 2004; and WHEREAS, the Planning Commission adopted Resolution 2008-046 on July 8, 2008, selecting the boundaries for the areas proposed to be added by the Fifth Amendment to the Redevelopment Plan ("Fifth Amendment") and formulating the Preliminary Plan for the Fifth Amendment, pursuant to CRL Sections 33450, 33020.1, 33320.2, 33322, 33324, and 33325 ("Preliminary Plan"); and WHEREAS, Sections 33346 and 33453 of the CRL provide that before a proposed amendment to a redevelopment plan is submitted to the legislative body for adoption, the redevelopment agency shall submit the proposed amendment to the planning commission for a determination as to whether the proposed amendment is in conformity with the jurisdiction's general plan; and WHEREAS, the Agency has prepared an Amended and Restated Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 ("Amended and Restated Plan") that incorporates changes proposed by the Fifth Amendment and four previously -approved amendments; and WHEREAS, the General Plan for the City of La Quinta ("City") has been prepared and adopted in compliance with California Planning and Zoning Law (Government Code Section 65399 et seq.); and WHEREAS, the above -required report and recommendation, including matters referred to in Section 33346 of the CRL and Section 65402 of the Government Code are to be made to the Agency and the City Council for their consideration in acting on the adoption of the proposed Fifth Amendment; and Planning Commission Resolution 2010- Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 , 2010 WHEREAS, the Agency has submitted to the Planning Commission the Amended and Restated Plan; and WHEREAS, the Planning Commission has considered the staff report, supporting documents, and public testimony in making its decision. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. Findings. Pursuant to Sections 33346 and 33453 of the CRL, the Amended and Restated Plan conforms to the General Plan of the City of La Quinta. This finding is based on the fact, as more particularly described in the staff report accompanying this resolution, that the uses to be permitted within the area added by the Fifth Amendment shall be the same uses designated in and permitted by the City's General Plan, both as it currently exists and as it may be amended from time to time. 2. Report and Recommendation. a. The Planning Commission hereby reports to the Agency and the City Council the findings referred to in Section 1 hereof. b. The Planning Commission hereby recommends the approval and adoption of the proposed Fifth Amendment. 3. Transmittal. The Secretary of the Planning Commission shall transmit a certified copy of this resolution to the Agency and the City Council for consideration as part of the Agency's Report to the City Council pursuant to Section 33352 of the CRL, and this resolution shall be deemed the report and recommendation of the Planning Commission concerning the proposed Fifth Amendment. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this day of 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 7 Planning Commission Resolution 2010- Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 , 2010 ED ALDERSON, Chairman City of La Quinta, California ATTEST; LES JOHNSON Planning Director City of La Quinta, California Planning Commission Resolution 2010- Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 , 2010 EXHIBIT A DRAFT TEXT OF THE AMENDED AND REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Attached as a separate document. 0 LA QUINTA REDEVELOPMENT AGENCY 78-495 CALLE TAMPICO, LA QUINTA. CA 9225:3 ATTACHMENT 1 AMENDED AND RESTATED REDEVELOPMENT PLAN La Quinta Redevelopment Project Area No. 2 DRAFT 2010 ROSENOW SPEVACEK GROUP INC Section I. (100) Introduction.............................................................................................. - 1 - SECTION II. (200) GENERAL DEFINITIONS...................................................................... - 1 - SECTION III. (300) PROJECT AREA BOUNDARIES.......................................................... - 2- SECTION IV. (400) REDEVELOPMENT PLAN OBJECTIVES ............................................ - 2- SECTION V. (500) REDEVELOPMENT ACTIONS.............................................................. - 3- A. (501) General............................................................................................................. - 3- B. (502) Property Acquisition.......................................................................................... - 4 - 1. (503) Acquisition of Real Propertv........................................................................ - 4 - 2. (504) Acquisition of Personal Property.................................................................. - 4 - 1. (506) Owner and Tenant Participation.................................................................. - 4 - 2. (507) Participation Agreements............................................................................ - 4 - (508) Certificates of Conformance................................................................................... - 5 - E. (509) Cooperation with Public Bodies......................................................................... - 5 - F. (510) Property Management....................................................................................... -5- G. (511) Payments to Taxing Agencies to Alleviate Financial Burden ............................. - 5- H. (512) Relocation of Persons Displaced by a Redevelopment Project ......................... - 6 - 1. (513) Relocation Program..................................................................................... - 6 - 2. (514) Relocation Benefits and Assistance............................................................ - 7 - 1. (515) Demolition, Clearance, Public Improvements, and Site Preparation .................. - 7 - J. (519) Rehabilitation and Moving of Structures by the Agency ..................................... - 7 - K. (522) Property Disposition and Development............................................................. - 8 - L. (528) Provision for Low and Moderate Income Housing ........................................... - 10 - SECTION VI. (600) USES PERMITTED IN PROJECT AREA NO. 2................................. - 12 - A. (601) Map and Uses Permitted................................................................................. - 12 - B. (602) Major Land Uses............................................................................................. - 12 - C. (603) Public Uses..................................................................................................... - 12 - D. (606) Conforming Properties.................................................................................... - 13 - E. (607) Nonconforming Uses....................................................................................... - 13 - F. (608) Interim Uses.................................................................................................... - 13 - G. (609) General Controls and Limitations.................................................................... - 14 - 1. (622) Building Permits.............................................................................................. - 16 - SECTION VII. (700) METHODS FOR FINANCING THE PROJECT .................................... - 16 - A. (701) General Description of the Proposed Financing Methods ................................ - 16 - B. (702) Tax Increments............................................................................................... - 17 - C. (703) Agency Bonds................................................................................................. - 18 - D. (704) Other Loans and Grants................................................................................. - 18 - E. (705) Rehabilitation Loans. Grants, and Rebates ..................................................... - 19 - SECTION VIII. (800) ACTIONS BY THE CITY................................................................... - 19 - SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT ........................................ - 19 - SECTION X. (1000) DURATION OF THIS PLAN.............................................................. - 20 - SECTION XI. (1100) PROCEDURE FOR AMENDMENT .................................................... - 20 - EXHIBITS EXHIBIT A REDEVELOPMENT PLAN MAP EXHIBIT B PROJECT AREA BOUNDARIES EXHIBIT C PROPOSED REDEVELOPMENT PROJECTS ROSENOW SPEVACEK GROUP INC. SECTION I. (100) INTRODUCTION This is the Amended and Restated Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 located in the City of La Quinta, County of Riverside, State of California. This Plan consists of the text (sections 100 through 1100), the Redevelopment Plan Map (Exhibit A), the legal descriptions of the Project Area No. 2 Boundaries (Exhibit B) and a listing of the proposed public agency redevelopment projects (Exhibit C). This Amended and Restated Redevelopment Plan has been prepared by the La Quinta Redevelopment Agency pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000, et. seq.), the California Constitution and all applicable laws and ordinances. It provides the Agency with powers, duties and obligations to implement and further the program generally formulated for the redevelopment, rehabilitation and revitalization of Project Area No. 2. This Plan does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within Project Area No. 2. Instead, it establishes a process and framework for implementation. This Amended and Restated Redevelopment Plan is based upon the Redevelopment Plan adopted by the City Council by Ordinance No. 139 on May 16 1989, as amended five times by Ordinance No. 259 on December 20 1994 Ordinance No. 399 on February 3, 2004, Ordinance No. 403 on March 16 2004 Ordinance No. 404 on March 16, 2004, and Ordinance No. ftbdl on [date tbdl. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Amended and Restated Redevelopment Plan unless otherwise specified herein: A. "Added Area" means the territory added to Project Area No. 2 by a fifth amendment to the Redevelopment Plan, per Ordinance No. ftbdl on [date tbdl. B. "Agency' means the La Quinta Redevelopment Agency. C. "Agency Board" means the governing body of the La Quinta Redevelopment Agency. D. "City" means the City of La Quinta, California. E. "City Council' means the City Council of the City of La Quinta, California. F. "County' means the County of Riverside, California. G. "Disposition and Development Agreement' means the contractual agreement between the owner participant and/or developer that sets forth terms and conditions for redevelopment. H. "Map" means the Redevelopment Plan Map, attached hereto as Exhibit A. I. "Original Area" means the territory within the original Proiect Area No. 2 boundaries established by Ordinance No. 139 on May 16, 1989. - 1 - J. "Person" means an individual(s), or any public or private entities. K. "Plan" means the Amended and Restated Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2. L. "Planning Commission" means the Planning Commission of the City of La Quinta, California. M. "Project Area No. 2" means the territory this Plan applies to as shown on Exhibit A, which includes both the Original and Added Areas. N. "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Sections 33000 et. seq.) as it now exists or is hereafter amended. O. "State" means the State of California. SECTION III. (300) PROJECT AREA NO. 2 BOUNDARIES The boundaries of Project Area No. 2 are illustrated on the Map attached hereto and incorporated herein as Exhibit A. Project Area No. 2 consists of the Original Area and the Added Area. The legal descriptions of the boundaries of the PFqjerst AFea is Original and Added Areas are as described in Exhibit B, attached hereto and incorporated herein. SECTION IV. (400) REDEVELOPMENT PLAN OBJECTIVES Implementation of this Plan is intended to achieve the following objectives: A. To remedy, remove, and prevent physical blight and economic obsolescence in Project Area No. 2 through implementation of the Plan. B. To expand the commercial base of the community. C. To encourage the cooperation and participation of residents, business, business persons, public agencies and community organizations in the redevelopment/revitalization of Project Area No. 2. D. To upgrade the general aesthetics of the commercial enterprises to improve their economic viability. E. To provide for the expansion, renovation and relocation of businesses within Project Area No. 2 to enhance their economic viability. To improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within Project Area No. 2. F. To recycle and/or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. G. To address inadequate street improvements and roads that vary in width and degree of improvement as they cross Project Area No. 2. -2- H. To alleviate inadequate drainage improvements that constrain the development of various parcels in Project Area No. 2, the cost of which cannot be borne by private enterprise acting alone. I. To address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. J. To remedy depreciating property values and impaired investments. K. To provide opportunities and mechanisms to increase sales tax, business license tax and other revenues to the City. SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the spread of blighting influences, and to strengthen the economic base of Project Area No. 2, and the community through: 1. The installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements. 2. The rehabilitation, remodeling, demolition or removal of buildings, structures and improvements. 3. The rehabilitation, development or construction of affordable housing in compliance with State law. 4. Providing the opportunity for participation by owners and tenants presently located in Project Area No. 2 and the extension of preferences to occupants desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. Managing of any property acquired by the Agency. 8. Assisting in providing financing for the construction of residential, commercial and industrial buildings to increase the residential, commercial and industrial base of the City and surrounding area, and the number of temporary and permanent jobs in the City and surrounding area. 9. To accomplish these actions and to implement this Plan, the Agency is authorized to use all the powers provided in this Plan and all powers now or hereafter permitted by law. -3- B. (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease or any other means authorized by law The Agency may acquire structures without acquiring the land upon which those structures are located. The Agency may acquire any interest in real property. The Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless, (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification is size, shape or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. MIN 2. (504) Acquisition of Personal Property Where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in Project Area No. 2 by any lawful means. C. (505) Participation by Owners and Tenants (506) Owner and Tenant Participation The Agency shall promulgate rules for owner and tenant participation which may be amended from time to time. The Agency shall consider reasonable preference to persons who are owners or tenants in Project Area No. 2 to continue in or re-enter the redeveloped area if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re-entry; such rules allow for "Owner Participation Agreements" with the Agency. The Agency desires participation in redevelopment by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such factors as the expansion of public facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners to finance acquisition and development in accordance with this Plan; and any reduction in the total number of individual parcels in Project Area No. 2. 2. (507) Participation Agreements Under a participation agreement the participant shall agree to rehabilitate, develop, or use the property in conformance with the Plan and be subject to the provisions hereof. In the agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of a participation agreement, the Agency shall declare the agreement terminated and may acquire the real property or any interest therein. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording an owner or tenant an opportunity to execute a participation agreement, the Agency shall not be required to execute such an agreement with that owner or tenant. (508) Certificates of Conformance The Agency is authorized to make determinations of those properties which conform to this Plan, If such a determination is made by the Agency, the Agency may issue a Certificate of Conformance to qualifying properties and such property will not be subject to acquisition by eminent domain under this Plan so long as the property continues to conform to this Plan and to such further terms and conditions as the Agency may require, by conditioning the issuance of a Certificate of Conformance as necessary or appropriate to carry out this Plan. E. (509) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate with or without consideration, in the planning and implementation activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate Plan implementation activities with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without consent of such public bodies. The Agency, however, shall seek the cooperation of all public bodies which own or intend to acquire property in Project Area No. 2. Any public body which owns or leases property in Project Area No. 2 will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in Project Area No. 2 by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially (and otherwise) assist to public entity in the cost of public land, buildings, facilities, structures or other improvements (within or outside Project Area No. 2) which land, buildings, facilities, structures, or other improvements are of benefit to the Project. F. (510) Property Management During such time as property if any, in Project Area No. 2 is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its final disposition for redevelopment. G. (511) Payments to Taxing Agencies to Alleviate Financial Burden As provided for in Health and Safety Code Section 33401, the Agency may pay an amount of money in lieu of taxes in any year during which it owns property in Project Area No. 2. Such payment shall be made directly to the City, County or special district, including, but not limited -5- to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been exempt. A proportionate share of any amount of money paid by the Agency to any city and county pursuant to this subdivision shall be disbursed by the city and county to any school district with territory located within a redevelopment project area in the city and county. "Proportionate share", as used in this section, means the ratio of the school district tax rate, which is included in the total tax rate of the city and county. The Agency may also pay to any taxing agency with territory located within a project area other than the community which has adopted the project, any amounts of money which the Agency has found are necessary and appropriate to alleviate any financial burden or detriment caused to any taxing agency by a redevelopment project. The payments to a taxing agency in any single year shall not exceed the amount of property tax revenues which would have been received by that taxing agency if all the property tax revenues from Project Area No. 2 had been allocated to all the affected taxing agencies without regard to the division of taxes required by Section 33670, except that a greater payment may be established by agreement between the Agency and one or more taxing agencies, except a school district, if the other taxing agencies agree to defer payments of one or more years in order to accomplish the purposes of the project at an earlier time than would otherwise be the case. The amount of any greater payments shall not exceed the amount of payment deferred. The payments shall be approved by a resolution, adopted by the Agency, which shall contain findings, supported by substantial evidence, that the redevelopment project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. The requirement that the Agency may make payments to a taxing entity only to alleviate a financial burden or detriment, as defined in Section 33012 of the Redevelopment Law, and only after approval by a resolution which contains specified findings, shall apply only to payments made by the Agency pursuant to an agreement between the Agency and a taxing entity which is executed by the Agency on or after the effective date of amendments to Section 33401 of the Redevelopment Law enacted by the Statutes of 1984. H. (512) Relocation of Persons Displaced by a Redevelopment Project (513) Relocation Program In accordance with the provisions of the California Relocation Assistance Act (Government Code Section 7260 et. seq.) the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Relocations Rules, procedures and guidelines adopted by the Agency, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in Project Area No. 2. Such relocation assistance shall be provided in the manner required by the Relocation Guidelines. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and industrial establishments within Project Area No. 2. The Agency is also authorized to provide relocation for displaced persons outside Project Area No. 2. -6- 2. (514) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Relocation Guidelines, Relocation Assistance Act, and the Redevelopment Law. (515) Demolition, Clearance, Public Improvements, and Site Preparation (516) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or with the approval of the owner thereof, to demolish, clear or move buildings, structures, and other improvements from any real property in Project Area No. 2 as necessary to carry out the purposes of this Plan. 2. (517) Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside Project Area No. 2) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to, over or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, cable TV systems, water distribution systems, parks, plazas, playgrounds, motor vehicle parking facilities, landscaped areas, schools, civic, cultural and recreational facilities. A list of proposed public agency redevelopment projects is set forth in Exhibit C. The Agency, with the prior consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, or other improvements which is publicly owned either within or outside Project Area No. 2 upon a determination by resolution of the Agency Board and the City Council: (1) that such buildings, facilities, structures and other improvements are of benefit to Project Area No. 2 or the immediate neighborhood in which Project Area No. 2 is located; (2) that no other reasonable means of financing such buildings, facilities, structures or other improvements are available to the City. When the value of such land or the cost of the installation and construction of such building, facility or other improvement, or both, has been, or will be, paid or provided for initially by the community or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. (518) Preparation of Building Sites The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, undertake or make provisions with other agencies for the installation, or construction of parking facilities, streets, utilities, parks, playgrounds and other public improvements necessary for carrying out the Plan in Project Area No. 2. J. (519) Rehabilitation and Moving of Structures by the Agency (520) Rehabilitation and Conservation -7- The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in Project Area No. 2 owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property in Project Area No. 2 not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to add to the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within Project Area No. 2 to upgrade and maintain their property consistent with this Plan and such standards as may be developed for Project Area No. 2. The extent of rehabilitation in Project Area No. 2 shall be subject to the following limitations: a. The rehabilitation of the structure must be compatible with land uses as provided for in this Plan. b. Rehabilitation and conservation activities on a structure must be carried out in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency and the City. c. The expansion of public improvements, facilities and utilities. d. The assembly and development of properties in accordance with this Plan The Agency may adopt property rehabilitation standards for the rehabilitation of properties in Project Area No. 2. The Agency shall not assist in the rehabilitation or conservation of properties which, in its opinion, are not economically and/or structurally feasible. 2. (521) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved any standard structure or building which can be rehabilitated to a location within or outside Project Area No. 2 owned by the Agency. K. (522) Property Disposition and Development 1. (523) Real Property Disposition and Development a. (524) General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease or sale without public bidding. Before any interest in real property of the Agency acquired in whole or in part, directly or indirectly with tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan, such sale, lease or disposition shall be first approved by the City Council and Agency Board after public hearing. Except as permitted by law, no real or personal property owned by the Agency, or any interest therein, shall be sold or leased to a private person or private entity for an amount less than its fair market value, unless the Agency determines that such lesser consideration is necessary to effectuate the purposes of the Plan. The real property acquired by the Agency in Project Area No. 2, except property conveyed to it by the City, shall be sold or leased to public or private persons or entities for redevelopment and use of the property in conformance with this Plan. Real property may be conveyed by the Agency to the City and, where beneficial to Project Area No. 2, to any other public body without charge or for amount less than fair market value. All purchasers or lessees of property shall be obligated to use the property for the purposes designated in this Plan, to begin and complete redevelopment of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of development in Project Area No. 2, the Agency shall insure that all provisions of this Plan and other documents formulated pursuant to this Plan are being observed, and that development of Project Area No. 2 is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, state, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards; and must receive the approval of all other appropriate public agencies. b. (525) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that redevelopment is carried out pursuant to this Plan. All property in Project Area No. 2 is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in Project Area No. 2. All property sold, leased, conveyed, or subject to disposition and development agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in Project Area No. 2 shall contain such nondiscrimination and nonsegregation clauses as are required by law. -9- c. (526) Development of Publicly Owned Improvements To the extent now or hereafter permitted by law, the Agency, with the consent of the City Council, is authorized to pay for, develop, or construct any building, facility, structure, or other improvement either within or outside Project Area No. 2 for itself or for any public body or entity to the extent that such improvement would be of benefit to Project Area No. 2. The Agency, is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures or other improvements (within or outside Project Area No. 2) to the extent permitted by law. 2. (527) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. L. (528) Provision for Low and Moderate Income Housing (529) Definition of Terms The terms "affordable rent," "replacement dwelling unit," "persons and families of low or moderate income" and "very low income households" as used herein shall have the meanings as defined by the Redevelopment Law and other State and local laws and regulations pertaining thereto. 2. (530) Authority Generally The Agency may, inside or outside Project Area No. 2, acquire land, donate land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. 3. (531) Replacement Housing Whenever dwelling units housing persons and families of low or moderate income, as defined by the Redevelopment Law, are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs within the City in accordance with all of the provisions of Section 33413 and 33413.5 of the Redevelopment Law, and as otherwise required by law. 4. (532) New or Rehabilitated Dwelling Units Developed Within Project Area No. 2 Pursuant to Section 33413 of the Redevelopment Law at least thirty percent (30%) of all new or rehabilitated dwelling units developed within Project Area No. 2 by the Agency shall be available at affordable housing costs for persons and families of low and moderate income; of such thirty percent (30%), not less than fifty percent (50%) thereof shall be available to and occupied by very low income households. At least fifteen percent (15%) off all new or rehabilitated units developed within Project Area No. 2 by public or private entities or persons other than the Agency shall be available at affordable housing costs for persons and families of low and moderate income; and of such fifteen percent (15%), not less than forty percent (40%) thereof -10- shall be available for very low income households. The percentage requirements set forth in this Section shall apply independently of the requirements of Section 531 and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case of rehabilitation, development or construction of dwelling units. The Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within Project Area No. 2, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low and moderate income displaced by a redevelopment project; provided, however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (533) Duration of Dwelling Unit Availability The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 531 and 532 of this Plan shall remain for persons and families of low and moderate income and very low income households, respectively, for not less than the period set forth in Section 609 of this Plan in relation to residential uses. 6. (534) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by a redevelopment project, the Agency may, to the extent Of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside Project Area No. 2. 7. (535) Increased and Improved Supply Pursuant to Section 33334.2 of the Redevelopment Law, not less than 20 percent of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 702(2) of this Plan shall be used by the Agency for the purposes of increasing and improving the City's supply of low and moderate income housing available at affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the Health & Safety Code, and very low income households, as defined in Section 50105 of the Health & Safety Code, unless one or more of the following findings are made annually by resolution: (1) that no need exists in the City to improve or increase the supply of low and moderate income housing in a manner which would benefit Project Area No. 2 and that this finding is consistent with the housing element of the City's General Plan; or (2) that some stated percentage less than 20 percent of the taxes which are allocated to the Agency pursuant to Section 702(3) of this Plan is sufficient to meet such housing need of the community and that this finding is consistent with the housing element of the City's General Plan; or (3) that a substantial effort to meet low and moderate income housing needs in the City is being made and that this effort, including the obligation of funds currently available for the benefit of the City from the state, local, and federal sources for low and moderate income housing alone or in combination with the taxes allocated under Section 33334.2 of the Redevelopment Law, is equivalent in impact to the funds otherwise required to be set aside pursuant to said Section. In carrying out the purposes of Section 33334.2 of the Redevelopment Law, the Agency may exercise any or all of its powers including, but not limited to, the following: - 11 - 1. Acquire land or building sites; 2. Improve land or building sites with on -site or off -site improvements; 3. Donate land to private or public persons or entities; 4. Construct buildings or structures; 5. Acquire buildings or structures; 6. Rehabilitate buildings or structures; 7. Provide subsidies to or for the benefit of persons or families of very low, low or moderate income; and 8. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 531 above. These funds may be used inside or outside Project Area No. 2 provided, however, that funds may be used outside Project Area No. 2 only if findings of benefit to Project Area No. 2 are made as required by Section 33334.2 of the Redevelopment Law. The funds for this purpose shall be held in a separate low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. SECTION VI. (600) USES PERMITTED IN PROJECT AREA NO. 2 A. (601) Map and Uses Permitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of Project Area No. 2 boundaries, the immediately adjacent streets, and existing public rights -of -way and public easements. The land uses permitted by this Plan shall be those permitted by the City of La Quinta General Plan. Land uses set forth in this Plan shall be those permitted by the City of La Quinta General Plan may be revised from time to time upon approval by Resolution of the governing board of the Agency, provided, however, that all such uses shall be consistent with the City of La Quinta General Plan. B. (602) Major Land Uses Major land uses in Project Area No. 2 include: Residential, Commercial, and Public. The areas shown on the map may be used for any of the various levels of uses specified for or permitted within such areas of the General Plans and local codes and ordinances. C. (603) Public Uses (604) Public Street Layout. Rights -of -Way and Easements The public Street system for Project Area No. 2 is illustrated on the Map. The street system in Project Area No. 2 shall be developed in accordance with the Circulation Element of the General Plan. Primary streets in Project Area No. 2 include Fred Waring Avenue, Miles Avenue, Highway 111, Westward Ho Drive, Avenue 48, Avenue 50, Washington Street Adams Street, -12- Dune Palms Road, and Jefferson Street. Project Area No. 2 also includes many local collector streets. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of Project Area No. 2. Additional public streets, alleys and easements may be created by the Agency and City in Project Area No. 2 as needed for proper development and circulation. The public rights -of -way shall be used for vehicular and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights -of -way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (605) Other Public. Quasi -Public and Open Space Uses Both within and where appropriate outside of Project Area No. 2, the Agency is authorized to permit, establish, or enlarge public, quasi -public, institutional, or non profit uses, including schools, community center, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, and educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in Project Area No. 2. D. (606) Conforming Properties The Agency may, at its sole and absolute discretion, determine that certain real properties within Project Area No. 2 meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without a participation agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. A certificate of conformance to this effect may be used by the Agency and recorded. An owner of a conforming property may be required by the Agency to enter into a participation agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within Project Area No. 2. E. (607) Nonconforming Uses The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in Project Area No. 2. The Agency may authorize additions, alterations, repairs or other improvements in Project Area No. 2 for uses which do not conform to the provisions of this Plan where such improvements are within a portion of Project Area No. 2 where, and in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and development. F. (608) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in Project Area No. 2 for interim uses not in -13- conformity with the uses permitted in this Plan. Such interim use shall conform to all applicable City codes. G. (609) General Controls and Limitations All real property in Project Area No. 2 is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of the Plan except in conformance with the provisions of this Plan. The land use controls of this Plan shall apply for a period of forty (40) years for uses other than residential uses. For residential uses, the land use controls of this Plan shall apply for a period of twenty (20) years with respect to all of Project Area No. 2. The type, size, height, number and use of buildings within Project Area No. 2 will be controlled by applicable City planning and zoning ordinances consistent with the General Plan, and as provided in Section 601 of this Plan. (610) New Construction All construction in Project Area No. 2 shall comply with all applicable State and local laws in effect from time to time. In addition to applicable codes, ordinances, or other requirements governing development in Project Area No. 2, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in Project Area No. 2. 2. (611) Rehabilitation Any existing structures within Project Area No. 2 which the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 7 1 Z71y-t 4. (613) Open Spaces and Landscaping The approximate amount of open space to be provided in Project Area No. 2 is the total of all areas so designated in the Land Use Element of the City of La Quinta General Plan, and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by this Plan. Landscaping shall be developed in Project Area No. 2 to ensure optimum use of living plant material in conformance with City standards. 5. (614) Limitations on Type, Size and Height of Buildings Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by the applicable federal, state and local statutes, ordinances and regulations. 6. (615) Signs All signs shall conform to City requirements. Design of all proposed new signs shall be submitted prior to installation to the Agency and/or City for review and approval pursuant to the procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. -14- 7. (616) Utilities The Agency shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. (617) Incompatible Uses Except as permitted by the City, no use or structure which is by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas or structures shall be permitted in any part of Project Area No. 2. 9. (618) Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, sex, marital status, religion, national origin, or ancestry permitted in the sale, lease, sublease, transfer use, occupancy, tenure, or enjoyment of property in Project Area No. 2. 10. (619) Subdivision of Parcels No parcels in Project Area No. 2, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the appropriate City body, and, if necessary for purposes of this Plan, the Agency. 11. (620) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine that: The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the Plan. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. Permitting a variation will not be contrary to the objectives of the Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of the Plan. Any such variation permitted by the Agency hereunder shall not supersede any other approval required under City codes and ordinances. H. (621) Design for Development Within the limits, restrictions, and controls established in the Plan, and subject to the provisions of Sections 601 and 609, herein, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within Project Area No. 2. -15- o� No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired or rehabilitated except in accordance with this Plan and any such controls and architectural, landscape and site plans submitted to and approved in writing by the Agency. Additionally, in the case of property which is the subject of a Disposition and Development or participation agreement with the Agency, such property shall be developed in accordance with the provisions of such agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in Project Area No. 2. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of Project Area No. 2. The Agency shall not approve any plans that do not comply with this Plan. I. (622) Building Permits Any building permit that is issued for the construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in Project Area No. 2 from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any Design for Development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of application. SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance this Plan with assistance from local sources, the State of California and/or the Federal Government, property tax increments, interest income, Agency bonds, donations, loans from private financial institutions or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increments or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistances shall be at terms established by an agreement between the Agency, City and/or other public agency. As available, gas tax funds from the State of California and the County of Riverside may be used for the street system. The Agency may issue bonds and expend their proceeds to carry out the Plan. The Agency is authorized to issue bonds if appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds of the Agency as it becomes due and payable. -16- The Agency is authorized to obtain advances, borrow funds and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the Agency. B. (702) Tax Increments All taxes levied upon taxable property within the PFejest Original Area each year by or for the benefit of the State of California, County of Riverside, City of La Quinta, and district or other public corporation (hereinafter called "taxing agencies") after the effective date of the ordinance of the City approving this Plan, shall be divided as follows: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Pfeteet Original Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in the PF9j8Gt Ori inal Area on the effective date of such ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County of Riverside last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the PFejest Original Area on said effective date); and That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on bonds, loans, moneys advanced to, or indebtedness (whether funded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or in part, this Plan. Unless and until the total assessed valuation of the taxable property in the Pfe}eet Original Area exceeds the total assessed value of the taxable property in the PFa}eet Ori final Area as shown by the last equalized assessment roll referred to in paragraph (1) hereof, all of the taxes levied and collected upon the taxable property in the P-re}eGt Original Area shall be paid to the respective agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the P-re}eet Ori final Area shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. That portion of tax revenues allocated to the Agency pursuant to paragraph (2) above which are attributable to increases in the rate of tax imposed for the benefit of any affected taxing agency which levy occurs after the tax year in which the ordinance adopting this Plan becomes effective shall be allocated to such affected taxing agency to the extent that the affected taxing agency has elected in the manner required by law to receive such allocation. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Plan. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the redevelopment program for Project Area No. 2. The number of dollars of taxes which may be divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment Law from the Original Area shall not exceed $259 FRilliee MR �al $1.5 billion dollars, except by amendment of this Plan. The Agency may not receive tax increment pursuant to Section 33670 of the Redevelopment Law in the Added Area, except by amendment of this Plan. There is no time limit on when the Agency may establish or incur loans, advances or indebtedness. The loans advances and indebtedness referred to in the preceding paragraph may be repaid over a period of time longer than the limitation established therein except that the Agency shall not pay indebtedness or receive the property tax increment described in this Section 702 after ten (10) years from the termination of the effectiveness of this Plan in the Original Area as set forth in Section 1000 of this Plan. There is no such time limit in the Added Area because it is not permitted to receive tax increment pursuant to Section 33670 of the Redevelopment Law, except by amendment of this Plan Provided however, that nothing in the foregoing limitation shall be construed to or shall affect the validity of any bond indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the City Council or the Agency prior to January 1 1994. Nor shall the foregoing limitation be construed to affect the right of the Agency to receive the property tax increment referred to in this Section 702 to pay to indebtedness or other obligation. C. (703) Agency Bonds The Agency is authorized to issue bonds from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementations activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, or the State, nor are any of its political subdivisions liable for them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed $100 million adjusted annually in accordance with the Consumer Price Index (CPI), or an acceptable replacement index in the event the CPI ceases to be published, without an amendment of this Plan. Such limitation is exclusive of (1) any payments to the taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan and (2) any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Income Housing Fund as a result of such payments to taxing agencies. Provided however, that the total amount of bonded indebtedness, to be repaid in whole or in part from allocation bonds which can be outstanding at one time shall not exceed $200 million. D. (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the Federal Government, the State of California, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. WER E. (705) Rehabilitation Loans. Grants, and Rebates The Agency and the City may commit funds from any source to programs of residential and commercial rehabilitation for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and Federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION Vill. (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the reoccurrence of spread in the area of conditions causing blight. Actions by the City may include, but shall not be limited to, the following: lR6tiWt*9R Initiation and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights -of- way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in Project Area No. 2. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights -of -way as appropriate to carry out this Plan, provided that nothing in this Plan shall be considered to require the cost of such abandonment, removal, and relocation be borne by others than those legally required to bear such costs. 2. at+en-Initiation and completion of proceedings necessary for changes and improvements to publicly -owned properties. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of Project Area No. 2 to be commenced and carried to completion without unnecessary delays. 4. Imposition whenever necessary of appropriate design controls within the limits of this Plan in Project Area No. 2 to ensure their proper development and use. 5. Provisions for administration/enforcement of this Plan by the City after development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of Project Area No. 2 pursuant to the Plan. SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation by either the Agency or the City. Such remedies may include, but -19- are not limited to, specific performance, damages, re-entry, injunctions, or any recorded provisions which are expressly for the benefit of owners of property in Project Area No. 2 may be enforced by such owners. SECTION X. (1000) DURATION OF THIS PLAN Except for the non-discrimination and non -segregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, for 49 41 years from the effective date of adoption of this Rlaa the original Redevelopment Plan by the City Council by Ordinance No. 139 (May 19 1989) for the Original Area and 30 years from the effective date of adoption of the ordinance adopting the Fifth Amendment to the Redevelopment Plan for Project Area No. 2 in the Added Area; provided, however, that the Agency may issue bonds and incur obligations pursuant to this Plan which extends beyond the termination date, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations, as determined by the City Council. SECTION XI. (1100) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450- 33458 of the Redevelopment Law or by any other procedure hereafter established by law. -20- (�1 EXHIBIT A: LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 ORSG 0 0.1250.25 0.5 0.75 innuwan+ connunrtv oovuoen�er Miles 21 EXHIBIT B LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 ORIGINAL AREA THE BOUNDARY OF THE REDEVELOPMENT PROJECT AREA 2 Is ILLUSTRATED ON THE MAP ATTACHED HERETO. THE LEGAL DESCRIPTION OF THE BOUNDARY OF SAID AREA IS DESCRIBED AS FOLLOWS: ALL THAT AREA IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF SECTIONS 19,20,28,29,30,31 AND 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST AND OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 32, SAID POINT BEING AT THE INTERSECTION OF THE CENTERLINE OF JEFFERSON STREET AND THE CENTERLINE OF AVENUE 50 AS SHOWN ON PARCEL MAP NO. 20469, PARCEL MAP BOOK 140, PAGES 95 THROUGH 100 INCLUSIVE, RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNAR— DINO BASE AND MERIDIAN AND THE POINT OF BEGINNING OF LA QUINTA REDEVELOPMENT PROJECT OF THE LA QUINTA REDEVELOPMENT AGENCY, SAID CITY OF LA QUINTA; 1. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 32 AND SAID CENTERLINE OF AVENUE 50, N89 51'29'1 W, 2645.41 FEET; 2. THENCE, N89 51'OS"W, 2620.30 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 31; 3. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 31. AND CONTINUING ALONG SAID CENTERLINE OF AVENUE 50, N89 58'39"W, 2656.69 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 31 AS SHOWN ON TRACT NO. 3448, MAP BOOK 58, PAGES 20 AND 21, RECORDS OF SAID COUNTY; 4. THENCE, CONTINUING ALONG SAID SOUTH LINE OF SECTION 31 AND SAID CENTERLINE OF AVENUE 50, S89 59'54"W, 25.00 FEET TO THE CENTERLINE OF WASHINGTON STREET; 5. THENCE, ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 00'06"W, 1293.71 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00 FEET; 6. THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13 28'00" AN ARC DISTANCE OF 470.08 FEET; 7. THENCE, N13 28'06'tW, 92.18 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1989.00 FEET; 8. THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 40'00" ANARC DISTANCE OF 648.01 FEET; 9. THENCE, N05 11'54E, 109.08 FEET TO AN ANGLE POINT IN SAID CENTERLINE OF WASHINGTON STREET AS SHOWN ON TRACT NO. 3455, MAP BOOK 58, PAGES 30 AND 31, RECORDS OF SAID COUNTY; 22 10. THENCE, CONTINUING ALONG SAID CENTERLINE OF WASHINGTON STREET, N06 11'54"E, 715.99 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 4500.00 FEET; 11. THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 25'00" AN ARC DISTANCE OF 503.96 FEET TO A POINT ON A LINE PARJLLEL WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 31 AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469; 12. THENCE, ALONG SAID PARALLEL LINE AND ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 13'06"W, 1469.67 FEET TO A POINT ON THE NORTH LINE •OF SAID SECTION 31 AND THE CENTERLINE OF 48TH STREET AS SHOWN ON PARCEL MAP NO. 13975, PARCEL MAP BOOK 66, PAGES 26 AND 27, RECORDS OF SAID COUNTY; 13. THENCE, ALONG SAID NORTH LINE OF SECTION 31 AND SAID CENTERLINE OF 48TH STREET, S89 24'12"W, 2692.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION 31' 14. THENCE, ALONG THE WEST LINE OF SAID SECTION 31, S00 51'09"E, 188.70 FEET TO THE SOUTHEAST CORNER OF ABOVE SAID SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST AS SHOWN ON TRACT NO. 3249, MAP BOOK 56, PAGES 35 AND 36, RECORDS OF SAID COUNTY; 15. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 25,N89 29'43'W, 2646.64 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 25 AND A POINT ON THE WESTERLY BOUNDARY OF SAID CITY OF LA QUINTA; 16. THENCE, ALONG SAID WESTERLY BOUNDARY, N54 43'28"E, 4907.92 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE NORTHWEST ONE -QUARTER OF ABOVE SAID SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7. EAST AS SHOWN ON TRACT NO. 2117, MAP BOOK 40, PAGES 81, 82 AND 83, RECORDS OF SAID COUNTY; 17. THENCE, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 30, N89 30'45"E, 1333.82 FEET TO THE CENTER OF SAID SECTION 30 AND THE CENTERLINE OF ABOVE SAID WASHINGTON STREET; 18. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 30 AND SAID CENTERLINE OF WASHINGTON STREET, N00 2115fJ, 2652.98 FEET TO THE NORTH ONE -QUARTER CORNER OF SAD SECTION 30 AND THE SOUTH ONE -QUARTER CORNER OF ABOVE SAID SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, AS SHOWN ON RECORD OF SURVEY, FILED IN BOOK 25, PAGE 89 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY; 19. THENCE, ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 19 AND ALONG THE CENTERLINE OF WASHINGTON STREET, N0019'30"W, 199.55 FEET TO A POINT ON THE CENTERLINE OF STATE HIGHWAY 111, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS N34 10'57"E; , THENCE, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 47'06" AN ARC DISTANCE OF 1168.72 FEET; 21. THENCE, N82 36'09"W, 364.57 FEET TO A POINT ON THE WESTERLY 23 BOUNDARY OF SAID CITY OF LA QUINTA; 22. THENCE, ALONG SAID WESTERLY BOUNDARY N26 11'00"E, 295.03 FEET TOP THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET; 23. THENCE, NORTHEASTEFL ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62 4426" AN ARC DISTANCE OF 328.51 FEET TO THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORMWATER CHANNEL; 24. THENCE, ALONG SAID SOUTHERLY LINE AND CONTINUING ALONG SAID WESTERLY BOUNDARY, N88 55'26"E, 261.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2000.00 FEET; 25. THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 00'42" AN ARC DISTANCE OF 803.26 FEET TO THE CENTERLINE OF ABOVE SAID WASHINGTON STREET AND A POINT ON THE BOUNDARY OF SAID CITY OF LA QUINTA AS DESCRIBED IN ANNEXATION NO. I TO SAID CITY; THE FOLLOWING COURSES 26 THROUGH 60 INCLUSIVE ARE ALONG SAID BOUNDARY OF THE CITY OF LA QUINTA AS DESCRIBED IN SAID ANNEXATION NO. 1. 26. THENCE, ALONG SAID CENTERLINE OF WASHINGTON STREET, NOD 19'30"W, 22.50 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2000.00 FEET; 27. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 00'00" AN ARC DISTANCE OF 1570.80 FEET; 28. THENCE, N45 19'30"W, 366.56 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MILES AVENUE; 29. THENCE, CONTINUING N45 19'30"W, 1780.98 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; 30. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44 04'57" AN ARC DISTANCE OF 1538.77 FEET TO THE NORTH LINE OF SAID SECTION 19, SAID NORTH LINE ALSO BEING THE CENTERLINE OF FRED WARING DRIVE; 31. THENCE, ALONG SAID NORTH LINE AND SAID CENTERLINE, N89 40'49"E, 5347.98 FEET TO THE NORTHWEST CORNER OF ABOVE SAID SECTION 20; 32. THENCE, ALONG THE NORTH LINE OF SAID SECTION 20 AND SAID CENTERLINE, N89 40'49"E, 5306.32 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20 AND THE CENTERLINE OF 3EFFERSON STREET; 33. THENCE, ALONG THE EAST LINE OF SAID SECTION 20 AND SMD CENTERLINE OF JEFFERSON STREET, S00 19'il"E, 2652.65 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE OF MILES AVENUE; 34. THENCE, ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 20 AND SAID CENTERLINE OF PILES AVENUE, S89 40'49W, 2654.00 FEET TO THE CENTER OF SAID SECTION 20 AND THE CENTERLINE OF DUNE PALMS ROAD; 35. THENCE, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SECTION 20 AND SAID CENTERLINE OF DUNE PALMS ROAD, S00 19'11"E, 2644.00 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE OF 46TH AVENUE; 24 36. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 20 AND SAID CENTERLINE OF 46TH AVENUE, N89 40'49"E, 2654.00 FEET TO THE NORTHEAST COPNER OF ABOVE SAID SECTION 28 AND THE CENTERLINE OF JEFFERSON STREET; 37. THENCE, ALONG THE NORTH LINE OF SAID SECTION 28 AND THE CENTERLINE OF 46TH AVENUE, N89 40'49"E, 1315.52 FEET TO THE NORTHWEST ONE - QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28; 38. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 28, S00 13'45"W, 215.41 FEET TO THE NORTHERLY LINE OF ABOVE SAID COACHELLA VALLEY STORNWATER CHANNEL; 39. THENCE, ALONG SAID NORTHERLY LINE, S44 36'15"w, 530.60 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3000.00 FEET; 40. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 55'00" AN ARC DISTANCE OF 100.36 FEET; 41. THENCE, S00 13'45"W, 651.48 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID COACHELLA VALLEY STOR)WATER CHANNEL, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3500.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"E; 42. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 51'27" AN ARC DISTANCE OF 113.47 FEET TO THE NORTHEASTERLY CORNER OF TRACT NO. 3505, MAP BOOK 57, PAGES 7 AND 8, RECORDS OF SAID COUNTY; 43. THENCE, ALONG THE EASTERLY LINE OF SAID TRACT NO. 3505, S33 41105sE, 120.00 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3620.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"E; 44. THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 40'40" AN ARC DISTANCE OF 42.82 FEET; 45. THENCE, S34 21'45"E, 212.90 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT NO. 3505; 46. THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3505, S71 23'42"W, 171.16 FEET; 47. THENCE, S55 41'15"W, 140.85 FEET; 48. THENCE, S63 05'45"W, 278.73 FEET; 49. THENCE, S82 32'25"W, 127.18 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 325.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS N89 42'04"E; 50. THENCE, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 3743" AN ARC DISTANCE OF 60.29 FEET; 51. THENCE, N89 29'14"W, 169.87 FEET; 52. THENCE, S00 30'46"W, 20.00 FEET; 53. THENCE, N89 29'14'W, 160.00 FEET TO THE EAST LINE OF ABOVE SAID SECTION 29 AND THE CENTERLINF: OF JEFFERSON STREET; 54. THENCE, ALONG SAID EAST LINE OF SECTION 29 AND SAID CENTEPLINE OF JEFFERSON STREET, S00 30'46"W, 659.08 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 29; 55. THENCE, ALONG THE NORTH LINE OF THE SOUTHEAST ONE-OUARTEP OF SAID 25 SECTION 29 AND ALONG THE CENTERLINE OF STATE HIGHWAY 11 1, 56. THENCE, 500 30'40"W, 1371.54 FEET; 57.. THENCE, N89 02'35"W, 56.84 FEET; 58. THENCE, S45 23'25"W, 479.28 FEET; 59. THENCE, 589 52'06"E, 2152.45 FEET TO THE EAST LINE OF SAID SECTION 29 AND THE CENTERLINE OF JEFFERSON STREET; 60. THENCE, ALONG SAID EAST LINE OF SAID SECTION 29 AND SAID CENTERLINE OF JEFFERSON STREET, SOO 35'25"W, 1049.62 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 29 AND THE END OF ANNEXATION NO. 1 OF SAID CITY OF LA QUINTA; 61. THENCE, ALONG THE ORIGINAL EASTERN BOUNDARY OF THE CITY OF' LA QUINTA AND ALONG THE EAST LINE OF ABOVE SAID SECTION 32 AND ALONG SAID CENTERLINE OF JEFFERSON STREET AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469, S00 03'12"E, 2664.05 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 32; 62. THENCE, S00 02'48"E, 2587.48 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 32 AND THE POINT OF BEGINNING. CONTAINING AN AREA OF 3116 ACRES, MORE OR LESS. 26 EXHIBIT B CONT. LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROJECT NO. 2 ADDED AREA (FIFTH AMENDMENT) A portion of the south half of the northwest one -quarter of Section 18, Township 5 South, Range 7 East, San Bernardino Base and Meridan, in the County of Riverside, State of California, described more particularly as follows: Beginning at the west one -quarter comer of said Section 18, said corner being on the existing boundary of the City of La Quinta and on the centerline of Washington Street the folbwing courses: Course 1. Thence, North 0008'34" East along the westerly line of said Section 18 and centerline of Washington Avenue a distance of 664.02 feet to the northwest comer of the south half of the south half of government lot 2 said comer also being on the centerline of Hidden River Road as shown on Parcel Map No. 12323; Course 2. Thence North 89'34'27° East along the northerly fine of said south half of the south half of Section 18 and oeniedine of Hidden River Road a distance of 475.34 feet to a point that is 11.00 feet easterly of northwest comer of Lot D of said Parcel Map No. 12323; Course 3. Thence South 0°08'34 West parallel to said westerly line of said Lot D and the westerty line of Parcel 2 of said Parcel Map No. 12323 a distance of 400,31 feet to a point on the southerly line of said Parcel 2, said point also being on the northerly property line of that parcel of land described in deed to Testa Family Limited Partnership II, recorded December 26, 1996 as document number 426898 in the office of the County Recorder of said Riverside County; Course 4. Thence North 89°34'28" East along the Northerly line of said Testa Family land a distance of 849.23 feet; Course 5. Thence South 0°20'37"East 265.62 feet to the southerly line of said Testa Land, said point also being on the east -west centerline of said Section 18; Course 6. Thence South 89°39'27 West along said east -west centerline of Section 18 and southerly of said Testa Family land 1326.81 feet to the point of beginning. Area = 12.42 Acres, more of less 5 C� o QV �0 4 John F. Young, LS 46W Date e ) 27 EXHIBIT C PROPOSED REDEVELOPMENT PROJECTS PUBLIC AGENCY REDEVELOPMENT PROJECTS STORM DRAIN SYSTEM Coachella Valley Stormwater Channel La Quinta Evacuation Channel General Storm Drains - various locations WATER SYSTEM Main Line Distribution Center SEWER SYSTEM Lift Sanitation (Jefferson & CVSC) Main Lines (to lift stations) BRIDGES Washington Street at Whitewater Jefferson Street at Whitewater Avenue 50 at La Quinta Channel Adams at Whitewater Avenue 48 at La Quinta Channel Dune Palms at Whitewater STREET IMPROVEMENTS East/West Streets Fred Waring Drive Westward Ho Drive Highway 111 Avenue 48 Avenue 50 North/South Streets Washington Street Adams Street Dune Palms Road Jefferson Street Hidden River Road RAISED MEDIANS Highway 111 Washington Street Jefferson Street TRANSIT TURNOUTS 14 Locations TRAFFIC SIGNALS Route 111 at Washington Route 111 at Adarns Route 111 at Dune Palms Route 111 at Jefferson Washington at Fred Waring Washington at Miles Jefferson at Fred Waring Jefferson at Miles Jefferson at Avenue 48 Jefferson at Avenue 50 COMMUNITY DEVELOPMENT PROGRAMS Provide commercial development funds Provide funds for demolition of dilapidated structures Provide funds for planning services to conduct design/implementation program studies COMMUNITY FACILITIES Develop new fire department facility and related equipment to service Project Area No. 2 Develop new parks to service Project Area residents HOUSING PROGRAMS All housing programs will be funded by the 20% housing set aside program. Senior Housing Program Increase and/or retain affordable senior housing units. Develop new senior housing projects. Facilitate reverse mortgages for senior homeowners. First Time Homebuyer Program Provide mechanism and financial support by which young families can purchase homes in the City of La Quinta. New Housing Affordability Cooperate with City to support policies and procedures to require a portion of all new housing units be affordable to families of low to moderate income. The program will include both rental and ownership elements. Housing Rehabilitation Program Provide opportunities for housing rehabilitation on a City-wide basis. Relocation Housing Provide Relocation Housing Assistance when necessary. 29 MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Douglas R. Evans, Assist City Manager -Development Services DATE: October 12, 2010 RE: Proposed Fifth Amendment to the Redevelopment Plan for Project Area No. 2 The report in the Planning Commission Packet dated October 11, 2010 for Item BI- A, Report and Recommendation on the Proposed Fifth Amendment to the Redevelopment Plan for Project Area No. 2, contains an exhibit labeled Attachment 1, "Amended and Restated Redevelopment Plan." There is an incorrect number within the attachment, located on page 14, Section G 3 (612), "Number of Buildings and Dwelling Units." The number listed is 608; the correct number of dwelling units is 5,935. INTENT TO SPEAK FORM I WOULD LIKE TO SPEAK ON THE FOLLOWING AGENDA ITEM: PUBLIC COMMENTS: RE:: AGENDA ITEM NO.: RE: PUBLIC HEARING NO.: RE: I AM IN SUPPORT OF THIS ITEM I AM IN OPPOSITION TO THIS ITEM - WRITTEN COMMENTS: (Optional) PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES WHEN SPEAKING11 DATE: l G - ` Z -1 U NAME: ADDRESS: Xi::�. RETURN THIS FORM TO THE RECORDING SECRETARY BEFORE THE MEETING BEGINS. THE CHAIRMAN WILL CALL YOUR NAME AT THE APPROPRIATE TIME. THANK YOU! P:ICAROlYNIPlannuV COMUNTENT TO SPEAK FORM.doc