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2012 09 11 PCak -o City of La Quinta Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org OF ft1ti9 PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California SEPTEMBER 11, 2012 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2012-015 Beginning Minute Motion 2012-006 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 July 24, 2012. 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 ................... GENERAL PLAN AMENDMENT 2010-121, AND ENVIRONMENTAL ASSESSMENT 2012-622 Applicant........... City of La Quinta Location............ City -Wide Request ............. Consideration of a Recommendation to the City Council Regarding the Following; Certification of an Environmental Impact Report (SCH#2010111094), Approval of the Greenhouse Gas Inventory and Reduction Plan, and Adoption of the General Plan Update. Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval - GPA 2010-121 - Resolution 2012- B. Item ................... VILLAGE USE PERMIT 2012-046 Applicant........... Michael Despras - Lavender Bistro Location............ 78-073 Calle Barcelona Request ............. Consideration of a Village Use Permit for the Expansion of an Existing Storage Building at Lavender Bistro. Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval - VUP 2012-046 - Resolution 2012- C. Item ...................CONDITIONAL USE PERMIT 2012-144 Applicant........... LMLQ Properties, LLC Location............ 47-474 Caleo Bay Drive - Northeast Corner of Washington Street and Lake'La Quinta Drive Request ............. Consideration of an Amendment to a Conditional Use Permit to Expand Restaurant Operations and Additional Seating. Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval - CUP 2012-144 Resolution 2012- D. Item ................... CONDITIONAL USE PERMIT 2012-142 Applicant........... Crown Castle — Susan Makinson Location............ Public Right -Of -Way — Jefferson Street and Avenue 52 Roundabout Request ............. Consideration of Conditional Use Permit for a Single -Pole Distributed Antenna System (DAS) at the Southeast Corner of the Jefferson Street and Avenue 52 Roundabout. Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval — CUP 2012-142 - Resolution 2012- E. Item ................... CONDITIONAL USE PERMIT 2012-143 Applicant........... Crown Castle — Susan Makinson Location............ Public Right -Of -Way — Avenue 50 and Heatherglen Request ............. Consideration of Conditional Use Permit for a Single Distributed Antenna System (DAS) Within the Public Right -of -Way Near the Intersection of Avenue 50 and Heatherglen. Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval — CUP 2012-143 - Resolution 2012- VI. BUSINESS ITEMS: There are no Business Items scheduled for this meeting. VII. CORRESPONDENCE AND WRITTEN MATERIAL: VIII. COMMISSIONER ITEMS: A. Report on City Council meeting of August 7, 2012. B. Commissioner Alderson is scheduled to attend the September 18, 2012, City Council meeting. C. Follow-up regarding Conditional Use Permit 2003-075, Amendment 2, Milan Institute Expansion. IX. DIRECTOR ITEMS: X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on September 25, 2012, at 7:00 p.m. Request ............. Consideration of Site, Architectural and Landscaping Plans for the La Quinta Retirement Community. Action ............... Staff Recommendation for Adoption of Minute Motion Recommending Approval, with Conditions — Minute Motion 2012- VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMITTEE MEMBER ITEMS: Vill. PLANNING STAFF ITEMS: A. Planning Commission Update B. Discussion of Joint Meeting Items. IX. ADJOURNMENT: This meeting of the Architectural and Landscaping Review Committee will be adjourned to a Regular Meeting to be held on October 3, 2012, at 10:00 a.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 Architectural and Landscaping Review Committee meeting of Wednesday, September 13, 2012, 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 September 6, 2012. DATED: September 6, 2012 CAROLYN WALKER, Executive Secretary City of La Quinta, California MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 24, 2012 I. CALL TO ORDER A. A regular meeting of the La Quinta order at 7:04 p.m. by Vice Chairp PRESENT: Commissioners *Chairperson s ABSENT: None. STAFF PRESENT II. PUBLIC COM III. CONFI IV. CONSENT V. PUBLIC OF None ing im ts, or to a,. ove the at 7:12 p.m. 7:04 p.m. Commission was called to Weber, Wright and P'Johnson, ing Manager Executive Secretary Carolyn it was moved by Commissioners of July 10, 2012, as submitted. A. Conditiona se Permit 2011-138: a request by Crown Castle — Susan Makinson for consideration of a Conditional Use Permit for a Single Distributed Antenna System (DAS) at Eisenhower Park located on the southeast corner of Eisenhower Drive and Calle Colima. Planning Director Johnson presented the staff report, a copy of which is on file in the Planning Department. Planning Commission Minutes July 24, 2012 Chairperson Barrows asked if there were any questions of staff. Commissioner Weber asked if there was a rendering provided for the potential second and third arrays. Staff said yes and presented a slide showing the full impact of the additional arrays. Commissioner Weber asked if the relo of the pole was to provide an opportunity for easier installs a e to the proximity of the existing brick utility building. Staff said yes and explain It there was inside the existing utility cabinet for the appl t to utilize, if the desired. This had been confirmed with Comm Servl . If they ose not to, the utilities could be p t adjacent tion whicki uld minimize having a pedestal middle of". rk. w Commissioner WebNa the cant had previously done installatio intheCite f Staf this the fir fey ware of. y{Y Commis M. r on ask for a little background on Metro PCS. on woul n 1 `'st carrier. They are a smaller carrier but the y ha resence" the Valley. Staff added there was still the potent f ad two additional carriers to this pole. Staff sa applicant. one w ilkinson asked this carrier had other towers or cell in th -itv of La Quinta. might want to direct his question to the Commissioner Alderson asked if there had been any correspondence from the neighbors. Staff said there had been no written correspondence. They did have an adjacent neighbor Ito the south, across Colima) come in and inquire about the application. Staff tried to contact them about tonight's 3 Planning Commission Minutes July 24, 2012 meeting but were unable to reach them. So, unfortunately, they were not in attendance. One thing that was not previously mentioned was the discussion occurring with Crown Castle as to why it should be placed at this proposed location. Crown Castle had another option within the right-of-way. This type of antenna system has the right to locate within the public right-of-way without a lease. But staff and the applicant worked to facilitate the move of this pole to the park. The neighbor expressed favorable suppon ; have it located within the park to minimize the aesthetic impact,,."" ;,,/ Commissioner Alderson asked if were resolved. Staff had made several at s to contact but had not heard back from them. nMa Commissioner Alderson asked` "; t moval of t y*;. went light; if its removal would*#Oe the par without lightin or any period of time. Staff res ded the ting g w not be deactivated until then ,``' as in ed nevv� ight was ready to be There b no r ques s of staff, Chairperson Barrows asked R,Me we :' ..... of %kapplicant. Mr. St GarbWon behafff Crown Castle, 15530 Lodosa Drive, Whittier 60 roduced himself and said he urged the Planning a,pmmission uph r: ha staff's position. He then said he was able to a er any questions the Commission might have. kinson asked where the current Metro PCs locations were. Mr. Garcia responded there were three macro sites (towers) within the City of La Quinta. There were also many other sites built throughout California; northern and southern. They were one of the five licensed carriers in California; Verizon, AT & T, Sprint, T-Mobile; and Metro PCs. -3- Planning Commission Minutes July 24, 2012 Commissioner Alderson asked if the exhibits showed the entire tower or were there going to be attachments to it; i.e., tree limbs, faux palm fronds. Mr. Garcia said the exhibit was correct there were no attachments. He said most. of their installations were placed on existing utility poles, or street light replacements just like the one pictured. Their installations were smaller in profile 400er in height and lower powered. Commissioner Alderson asked Design Option One and Desigry_. Mr. Garcia explained tha epe Some cities preferred a sln1 ca One. Option Two was desig three carriers. It to each im want Option One As opportunity to build m ca Commission or the it 'hev Their pYa including would agr on pole. ent b nc as to light ture to the City the differences between upon the City required. d that utilize Option from ones .. ier to two or 11 city to decide hether they >mpany, they appreciate the i t if it's a preference by the one carrier. be responsible for the to 'ntain it, but this would be delineated etro PCS and the City of La Quinta. operate, and maintain the facility; However, if the City had a preference for or any other aspect of that deployment The responsibilities would be outlined in Commis eber asked if the City had a preference would the applicant t defer to the City. Mr. Garcia said that was correct. Commissioner Weber went on to explain the reason for his concerns; including the improper maintenance of monopalms and the lack of care of the fronds and surrounding trees. He asked if staff had any comments on the maintenance. -4- Planning Commission Minutes July 24, 2012 Staff said they still needed to complete all of the terms of the use agreement. The City was cognizant of the fact that upon occasion the existing light gets damaged and wanted to make sure the terms of the lease agreement allowed for prompt and expedient response should it not operate. In addition they were concerned about a quick response to aesthetic markings that may appear upon the pole. Overall, they wanted to make sure ther s the ability for that to be quickly remedied and resolved shou re be any issues with the light not operating due to vanda ' otherwise; as well as any graffiti that might be established ems"; "" Commissioner Weber s agreeable to cosmetic an promptly, but otherwise maintenance and aestheti, Staff said they anti City would have th operate and_ functi, pole � uld all Comm thought issues being Aicant-,,will be nt would be ;d by the City isible for the at was direction it would go that the make that the light continues to well `LL' responsibility for graffiti he o of the other functions e th6Z." " onsibility of Crown Castle. °cked out and there was a condition would predicate all that being worked '_ve forward with the building permit. the structure was grounded. Garcia I&I e of know, but that it did meet the electrical establiby the City as well as the national codes. It would {essea Public Works building permit process. followed on the grounding of the unit. Chairperson Barrows asked for clarification with regard to maintenance; specifically in reference to Condition no. 9, which described the perpetual maintenance of all on -site improvements including landscaping, access drives and sidewalks. She asked if that was the applicant's responsibility. 5- Planning Commission Minutes July 24, 2012 Staff responded that Condition No. 9 was a standard boiler plate condition. It was all -encompassing and would obviously not be required beyond installation. They would not have to maintain the landscape of the park as that was the City's responsibility; as well as the sidewalk, etc. Between Conditions No. 9 and 17 the maintenance issues should be fully covered. The most important thing to remember was the agreement would be definitive with regards to maintenance and repair and addressing any concerns yO_. aesthetic modifications. Chairperson Barrows said she u but just wanted to make sure covered. Commissioner Wilkinson I moving the controls to the Mr. Garcia said ti, to locate -it in the by the City. Staff could if it d if the i box C work 1 ICIW.- Lion pos a � there was a use agreement f maintenance was fully a problem with ,bar mentioned. e City and the `utility provider and as well as that preferred Commission that they that existing facility. Mr. Gar aid ical "` 'us that the meter was allowed to be ; from n .about 100 feet; which gave them a 0 4y'' ibili place a st location. �m There bein fu questions of the applicant, Chairperson Barrows asked if ther ` cas an blic comment. public comment, Chairperson Barrows closed the irtion of the meeting and opened the matter for Commissioner Weber commented on the following points: • The adequacy of the coverage map. • The improvement of the signal in that area. • The aesthetics of the unit. Planning Commission Minutes July 24, 2012 There being no further questions or discussion, it was moved and seconded by Commissioners Weber/Wilkinson to adopt Resolution 2012-014 recommending approval of Conditional Use Permit 2011- 138 as submitted with the addition of the following condition: 19. That the required facility's services shall be located either within or near the existing on -site utility cabinet. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN A. None. Vill. COMMISSIONER ITEMS: A. Report on the B. Commissioner 2012, City Co IX: DIRECTOR A. Update R IM O i s There%Ilkinso xtre is dark on Ad p.m. on July 24, Respectfully submitted, 17, 2012. back on the August 7, report which was presented to the taff commented that a new format business, it was moved by Commissioners Wright is regular meeting of the Planning Commission to the be held on August 28, 2012; since the Commission 2012. This regular meeting was adjourned at 7:54 2. Carolyn Walker, Executive Secretary City of La Quinta, California IRE STAFF REPORT PH #A PLANNING COMMISSION DATE: SEPTEMBER 11, 2012 CASE NO.: GENERAL PLAN AMENDMENT 2010-121 ENVIRONMENTAL ASSESSMENT 2012-622 REQUEST: RECOMMENDATION TO THE CITY COUNCIL FOR THE CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT (SCH#2010111094), APPROVAL OF THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN, AND ADOPTION OF THE GENERAL PLAN UPDATE. APPLICANT: CITY OF LA QUINTA LOCATION: CITY-WIDE ENVIRONMENTAL CONSIDERATIONS: A DRAFT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2010111094) WAS PREPARED UNDER ENVIRONMENTAL ASSESSMENT 2012-622. THE DOCUMENT HAS BEEN PREPARED AND CIRCULATED, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AND THE CEQA GUIDELINES. RECOMMENDED ACTION: Adopt Planning Commission Resolution 2012-_recommending City Council certification of the draft Environmental Impact Report, adoption of the Greenhouse Gas Inventory and Reduction Plan, and updated General Plan. EXECUTIVE SUMMARY: The General Plan serves as the primary guiding policy document for the City and contains all of the Elements required under state law. As such, the General Plan is the single most important document adopted by the City. Any recommendations made by the Planning Commission regarding the General Plan will be presented to the City Council for their consideration. Staff recommends the Planning Commission adopt a resolution recommending City Council approval of the Draft Environmental Impact Report, Greenhouse Gas Inventory and Reduction Plan, and Draft General Plan. The current General Plan was adopted on March 20, 2002. General Plans are typically renewed on a ten-year cycle. Due to a number of changed factors since then, including new state legislation and the economic slowdown, the City Council directed staff to proceed with an updated General Plan. While the land use designations and policy direction of this update are generally consistent with the current General Plan, adjustments have been made to streamline and simplify the document, as well as to accommodate recent legislative changes. The notable adjustments are as follows: • Two new Elements have been added to the General Plan update, Sustainable Community (Attachment 1 pg. II-133) and Economic Development (Attachment 1 pg. II-163). • The land use categories have been simplified and consolidated (Attachment 1 Table II-1, pg. II-2). • A few minor changes to existing land use designations have been made from the current General Plan map, such as the accurate designation of existing conservation lands, pocket parks, water district facilities, recent amendments to the General Plan, and adjustments required by the recently adopted Housing Element (Attachment 1 pg. II-18). • The boundary area of the General Plan update now matches the City's Spheres of Influence (Attachment 1 Exhibit II-1). • An area study or master plan will be required for the eastern Sphere of Influence prior to any future annexations (Attachment 1 pg. II-18 & Policy LU-1.4). • The target population and build -out projections have been more accurately revised to accommodate recent changes in the housing market and reflect data provided from the 2010 U.S. Census (Attachment 1 pg. II-12). • The Land Use and Sustainable Communities Elements enable a mixed -use overlay to be developed in the Zoning Ordinance, and identify new development concepts to be provided for in the Village and Highway 111 corridor (Attachment 1 pg. II-14 & II-143). The Housing Element, adopted by the City Council in August of 2011, has been incorporated into the General Plan update (Attachment 1 pg. II-193). • The Circulation Element is supported by a new city-wide traffic model that is consistent with the Riverside County model. The Element also incorporates "Complete Streets" and provides updated roadway classifications (Attachment 1 pg. II 31►. `J FISCAL IMPACT No direct fiscal impact is anticipated with adoption of the Draft General Plan. An analysis to guide and improve long-term fiscal policy has been provided within the Economic Development Element (Attachment 1 pg. II-163). ANALYSIS Population Projections The 2010 US Census estimated the City's population at 37,467 with an average 2.53 persons per household. The draft General Plan estimates the population within the current City limits to be 79,956 persons at build out with 100% occupancy of all housing units. When La Quinta's current seasonal vacancy rate of 27.5% is applied to build out, the population of the City isreduced to 57,968. In 2010, the estimated Sphere of Influence population was 2,264. The draft General Plan identifies the population of the Sphere of Influence upon build out at 54,396. The draft General Plan identifies the total population in both the City and Sphere at build out to be 134,352 persons. Compliance with State Law A number of aspects of the General Plan have been refreshed to comply with changes in state law since 2002: • California's Global Warming Solutions Act of 2006, also known as AB 32, requires that all cities prepare an inventory of greenhouse gases and adopt a plan to reduce the emission of those gases to 1990 levels. As a result, the General Plan update is accompanied by a Greenhouse Gas Inventory and Reduction Plan (Attachment 3) which measures the City's emissions levels and recommends policies for implementation which have been estimated to achieve the required goals. The Circulation Element takes into account California's Complete Streets Act of 2008 (AB 1358) by incorporating designs which accommodate and enable safe access for all roadway users, including pedestrians, bicyclists, golf carts, and transit riders. • The General Plan update accommodates the Sustainable Community and Climate Protection Act of 2008 (SB 375) through the new Sustainable Community Element and by integrating supporting transportation, land -use, and housing policies throughout the General Plan. • The addition of the new Sustainable Community Element allows streamlined CEQA exemptions for certain infill, transit -oriented, -and walkable communities under environmental quality legislation enacted in 2011 under SB 226. Land Use Summary The draft General Plan does not significantly change the allocation of land in the City. The attached Table 1 (see Attachment 2) compares the land use allocation in the existing General Plan with the proposed General Plan. The differences fall into a few limited categories:' • Lands previously designated Low Density Residential that have since been developed as golf courses have been changed to Open Space Recreation, which has reduced the residential acreage and increased the Open Space Recreation acreage. • Lands designated Commercial and Low Density Residential has been changed to High Density Residential, either for specific projects or for consistency with the newly adopted Housing Element. • Lands designated Low Density Residential in Section 5, at the south end of the City that have been bought by public agencies for conservation under the Multi - Species Plan have been changed to Open Space Recreation. • Lands annexed into the City since 2002, including and in particular lands south of Avenue 58 and west of Monroe have increased the overall acreage of land within the City limits. Greenhouse Gas Inventory and Reduction Plan The California Warming Solutions Act of 2006, referred to as Assembly Bill 32 (or AB 32), in conjunction with the Sustainable Community and Climate Protection Act of 2008, referred to as Senate Bill 375 (SB 375), requires all cities to reduce their greenhouse gas (GHG) emissions to 1990 levels by no later than 2020. In accord with these laws, the Planning Department has prepared a Greenhouse Gas Inventory and Reduction Plan (Attachment 3) which analyzes emissions levels and contains recommended policies intended to help the City reach its target goal. While most GHG emissions are generated by vehicles and power generation, there are a number of measures which can be applied on a city-wide level relating to building construction, energy efficiency, transportation planning, and land use. When applied together, these recommendations will help the City comply with the legislation's target goals. The Greenhouse Gas Inventory and Reduction Plan serves as an appendix to the draft General Plan and supports the energy efficiency and conservation goals, policies, and programs found within the Sustainable Community Element. 4 Sustainable Community Element The new Sustainable Community Element (Attachment 1 pg. II-133) helps the City develop responsibly and efficiently through the conservation of resources, the enhancement of the built environment, encouraging transportation options that do not rely as much on the automobile, and improve community health. It contains a number of concepts and programs which are interconnected with State Building Codes, Regional Water Quality Plans, public health initiatives, other General Plan Elements, and the Greenhouse Gas Inventory and Reduction Plan. Economic Development Element A new Economic Development Element (Attachment 1 pg. II-163) was prepared in light of recent economic events and contains long-term strategies to maintain the City's current economic base and to help improve growth and revenue. The Economic Development Element contains an analysis which determines the costs and revenues associated with the future build out of the City. It takes into account existing and potential sources of revenue and is intended to support the City's annual Economic Development Plan. Traffic and Circulation The update to the Circulation Element (Attachment 1 pg. II-31) reflects the evolution of land use and development in the City, the Sphere of Influence, and neighboring communities. The Element is supported by extensive traffic and transportation modeling. Based on the projections, a number of physical improvements have been identified at key intersections and roadway segments to assure that future traffic operations can provide an acceptable level of service. These recommendations will be incorporated into the City's Capital Improvement Program. Some measures include a priority for roundabouts over signalization at specific intersections, strategies to maximize alternative modes of travel, the implementation of Transportation Demand Management (TDM) programs, and the use of Intelligent Transportation Systems (ITS). With the recommended physical improvements and management strategies identified in the Circulation Element, it is expected that most components of the City's circulation network will operate at acceptable levels of service upon General Plan build out. Compliance with the California Environmental Quality Act Based on California Environmental Quality Act (CEQA) requirements, an Environmental Impact Report (Attachment 4) was prepared for the General Plan update (State Clearinghouse No. 2010111094). All of the impacts identified from the proposed General Plan are able to be mitigated to a less than significant level with the exception of air quality and traffic and circulation, for which a Statement of Overriding Considerations will be considered by the City Council. 5 In regards to air quality, emissions associated with operation of land uses at build out of the general plan will exceed established thresholds, even when mitigated, and are therefore significant and unavoidable. These emissions result from daily emissions in the city at build out, including electricity generation, natural gas usage, vehicular exhaust, construction activity, and emissions generated by individual businesses and residences. In regards to traffic and circulation, even with the proposed mitigation programs, management strategies, and physical improvements identified in the Circulation Element, up to six roadway segments and four intersections may operate at level of service (LOS) E or F at build out, which fall below City standards, and are considered to be significant and unavoidable impacts (Tables 2 and 3 below). With these exceptions, most components of the City's circulation network will operate at acceptable levels of service upon General Plan build out. Table 2 Intersections with the Potential to Operate at LOS E or F General Plan Build Out Intersection Projected Level of Service (LOS) AM PM Washington St. @ Fred Waring Dr. F F Washington St. @ Miles Ave D F Miles Ave @ Adams St. D E Madison St. @ Avenue 50 E F Table 3 Roadway Segments with the Potential to Operate at LOS E or F General Plan Build Out Roadway Segment Projected Daily Level of Service (LOS) Washington St.: Ave 42 to Fred Waring Dr. E Washington St.: Fred Waring Dr. to Miles Ave @ Miles Ave F Washington St.: Highway 111 to Avenue 48 E Washington St.: Avenue 48 to Eisenhower Dr. E Madison St.: Avenue 54 to Airport Blvd (Ave 56) F Harrison St.: Airport Blvd. (Ave 56) to Avenue 58 F PUBLIC NOTICE AND REVIEW Public Outreach Campaign The City conducted an extensive community outreach effort for the General Plan update. The public outreach campaign began with a kick-off workshop to garner input 19 held in April of 2010, stakeholder workshops for residents and businesses in the Village and Highway 1 1 1, and presentations before homeowner associations, the local Rotary Club, and at the annual City Picnic. A website was prepared, www.lg2035.org, to keep the public informed and apprised of the project's ongoing progress and to allow public access to the draft General Plan and supporting documents. Public Notification The Notice of Preparation (NOP) for the Environmental Impact Report was posted and released for comment on November 24, 2010. A scoping meeting for the NOP was advertised and held on December 8, 2010. The Notice of Completion (NOC) was posted with the State Clearinghouse on July 10, 2012. The Notice of Availability (NOA) for the Draft Environmental Impact Report (DEIR) was advertised in the Desert Sun newspaper on July 12, 2012. The 45-day public comment period for the Draft Environmental Impact Report ran through August 27, 2012. All General Plan documents have been posted online for public review on their respective release dates. The General Plan Update was subject to review by Native American Tribal organizations, under SB 18 requirements. One request for consultation was received from the Cabazon Band of Mission Indians during the 90-day tribal consultation request period, but there was no follow-up to our response from that organization. Comments were also received from the Agua Caliente Band of Cahuilla Indians. The public hearing for the proposed Environmental Impact Report, Greenhouse Gas Assessment Inventory and Reduction Plan, and General Plan Update were advertised in the Desert Sun newspaper on August 31, 2012. The public hearing notice was published as 1 /8 page legal advertisement. Comments on the Draft Environmental Impact Report During the 45-day comment period, the City received written responses regarding the Draft Environmental Impact Report (Attachment 5)'from the following agencies: Native American Heritage Commission, Riverside County Airport Land Use Commission, South Coast Air Quality Management District, City of Coachella, City of Indio, Coachella Valley Water District, Coachella Valley Mosquito and Vector Control District, Riverside County Planning Department, the State Clearinghouse, Hoffmann Land Development, and the Riverside County Transportation and Land Management Agency. A formal response to comments will be prepared in conjunction with the Final Environmental Impact Report and presented to the City Council. Communication from the Public During the course of the General Plan update, staff received comments from three La Quinta residents (Attachment 6): Mr. Dick Storbo, Mrs. Neeta Quinn, Mr. Michael L. 7 Bailardo, and one developer, Mr. Marvin D. Roos (resulting in a minor correction to Circulation Exhibit II-2). Any additional comments received following the preparation of this report will be provided to the Planning Commissioners at the public hearing. Prepared by: jwAnd JMogensen, AICP l Planner Attachments: 1. Draft General Plan Update 2. Table 1, A Comparison of Existing and Proposed General Plan Land Use Allocations 3. Greenhouse Gas Inventory and Reduction Plan 4. Draft Environmental Impact Report 5. Comments Received on the Draft Environmental Impact Report 6. Communication from the Public Attachments 1, 3, and 4 were provided to the Planning Commissioners at the beginning of the public comment period on July 12, 2012. 111 PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT (SCH#2010111094) AND APPROVAL OF THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN PREPARED FOR THE GENERAL PLAN UPDATE, AND ADOPTION OF AN UPDATED GENERAL PLAN e CASE NO.: GENERAL PLAN AMENDMENT 2010-121 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta did on the 111h day of September, 2012, hold a duly noticed Public Hearing to consider the proposed General Plan Amendment 2010-121, for an update to the La Quinta General Plan (hereinafter, "Project"); and, WHEREAS, the City Council of the City of La Quinta, California did, on the 201h day of March 2002, adopt Resolution 2002-44, approving a comprehensive update of the City of La Quinta General Plan, pursuant to Sections 65000 et seq. of California Planning and Zoning Law; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 2ntl day of August 2011, adopt Resolution. 201 1-071, approving the Housing Element of the La Quinta General Plan, which is not being amended at this time; and, WHEREAS, an update of the General Plan has been drafted which reflects the values and principles of the City of La Quinta and contains the goals, policies,' and programs deemed necessary to responsibly guide the future growth and development of the City; and, WHEREAS, the City's unique population characteristics, economic conditions, development patterns, environmental setting, natural and cultural resources, transportation network, financial resources, community health, and public safety, as well as the interests, concerns, and well-being of the people of the City of La Quinta were all considered in the preparation of the General Plan update; and, WHEREAS, said General Plan update has complied with tribal consultation requirements as set forth in Government Code Section 65352 (SB 18 requirements); and, WHEREAS, an Environmental Impact Report (SCH #2010111094) has 9 Planning Commission Resolution 2012- General Plan Amendment 2010-121 Environmental Assessment 2012-622 La Quinta General Plan Update September 11, 2012 been prepared for this project as prescribed by the California Environmental Quality Act (CEQA); and, WHEREAS, a Greenhouse Gas Inventory and Reduction Plan has been prepared for the General Plan Update in accord with the Global Warming Solutions Act of 2006, also known as AB 32, and, WHEREAS, the Planning Commission has read and considered all environmental documentation comprising the EIR, and has found that the EIR considers all potentially significant impacts of the proposed project, fully complies with all the requirements of CEQA, and reflects the independent judgment of the Planning Commission and the City; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings to justify a recommendation for approval of said Amendment updating the General Plan of the City of La Quinta: 1 . The elements of the General Plan, as proposed, are internally consistent and reflect updated statistics and information regarding the City's current conditions and anticipated future growth. 2. The proposed General Plan Update will not negatively impact the public welfare, insofar as its policies and programs consider and address Geologic Hazards, Noise, Air Quality, Flooding and Hydrology, and other environmental and manmade hazards, in order to minimize and prevent these potential hazards for the health, safety, and well-being of the residents and visitors of the community. 3. The proposed General Plan Update is compatible with the historic and anticipated land use patterns in the City, and will continue to support the orderly and responsible development of the City in the future. 4. The land uses proposed on the Land Use Map are suitable for the lands on which they are proposed, insofar as the majority of the City's developable lands are generally flat, and those lands with significant slope and environmental resources are proposed for preservation as Natural Open Space. 10 Planning Commission Resolution 2012- General Plan Amendment 2010-121 Environmental Assessment 2012-622 La Quinta General Plan Update September 11, 2012 5. The Greenhouse Gas Inventory and Reduction Plan is consistent with the requirements of California's Global Warming Solutions Act of 2006, as codified under California Health and Safety Code sections 38500 et seq. 6. The update is consistent with the Housing Element of the General Plan and State housing law, as revisions to land use standards as identified in the current Housing Element have been studied and included as part of this General Plan Update process. 7. The General Plan Update will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting programs and policies are designed to protect, improve, and enhance the health, safety, and well-being of the people of the City of La Quinta. 8. The General Plan Update complies with the provisions of California's Planning and Zoning Law, as codified under California Government Code sections 65300 et seq. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; and, 2. That it does hereby recommend that the City Council certify the Environmental Impact Report prepared for the General Plan Update; and, 3. That is does hereby recommend adoption of the Greenhouse Gas Inventory and Reduction Plan prepared for the General Plan Update; and, 4. That it does hereby recommend that the City Council amend the General Plan, with the exception of the Housing Element, by adopting the General Plan Update consisting of the maps, text, and appendices which are incorporated into and part of this Resolution by reference herein, for the reasons set forth in this Resolution: PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 11`h day of September, 2012, by the following vote, to wit: 11 Planning Commission Resolution 2012- General Plan Amendment 2010-121 Environmental Assessment 2012-622 La Quinta General Plan Update September 11, 2012 AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 12 ATTACHMENT 2 Table 1 Existing General Plan Land Use Allocation, City Limits Existing General Plan Proposed General Plan General Plan Designations Develop- ad Un- developed Total Developed Un developed Total VLDR Very Low Density up to 2 du/ac 261 198.2 459.2 4,006.0 1,583.7 5,589.7 LDR Low Density up to 4 du/ac 3,202.50 3,096.90 6,299.40 MDR Medium Density up to 8 du/ac 1,063.90 324.2 1,388.10 1,292.4 373.6 1,666.0 MHDR Medium -High Density up to 12 du/ac 14.5 69 83.4 HDR High Density up to 16 du/ac 0.6 86.7 87.3 Total Residential Acreage 4,542.40 3,775.00 8,317.50 5,298.4 1,967.3 7,265.7 M/RC Mixed Commercial 87.9 309 397 385.6 184.0 569.6 CC Community Commercial 24.2 93.7 117.9 NC Neighborhood Commercial 61.8 50.8 112.5 CP Commercial Park 64 64 0 Office 39.9 39.9 TC Tourist Commercial 206.2 145.3 351.5 206.6 138.9 345.5 VC Village Commercial 64.4 68.8 1 133.2 77.1 12.9 90.0 Total Commercial Acreage 444.5 771.5 1,216.00 669.3 336.8 1,005.1 MC Major Community Facilities 178.3 13.1 191.3 252.7 193.8 446.5 P Park Facilities 601.3 128 729.3 4,392.2 867.0 5,259.2 G Golf Course Open Space 3,125.30 986.7 4,111.90 OS Open Space 1,246.20 4,258.70 5,505.00 2,171.6 4,761.7 6,933.3 W Watercourse/Flood Control 468.9 132.8 601.7 Street Rights of Way 1,764.6 191.1 1,955.7 Total Other Acre age 5,619.90 5,519.30 11,139.20 8,581.1 6,013.6 14,594.7 Grand To 13 ATTACHMENT 5 NATIVE AMERICAN HERITAGE COMMISSION sls cAPn*L aALL, WW W4 8140FIAM M CA 95814 (way+ Fait (VII) ssT-0is0 Web 8119 www.nahC Ca -SW eesdwepsew Co July 17, 2012 Mr. Andrew Mogensen, AICP, City Planner City of La Quintla P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Mogensen: �a rLul JUL 2e 2012 CITY OF LA QUINTA I?LANNING DEPARTMENT The Native American Heritage Commission (NAHC), the State of Calftmia 'Trustee Agency' for the protection and preservation of Native American cultural resources pursuant to California Public Resources Code §21070 and affirmed by the Third Appellate Court in the case of EPIC v. Johnson (1985: 170 Cal App. 3d 604). This letter includes state and federal statutes relating to Native American historic properties of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §6097.9. This project is also subject to California Government Code Section 6535213, at seq. The California Environmental Quality Act (CEQA CA Public Resources Code 21000-21177, amendments effective 3118f2010) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as's substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ...objects of historic or aesthetic significance.' In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the'area of potential effect (APE), and if so, to mitigate that effect. The NAHC recommends that the lead agency request that the NAHC do a Sacred Lands File search as part of the careful planning for the proposed project. The NAHC °Sacred Sites,' as defined by the Native American Heritage Commission and the California Legislature in California Public Resources Code §§5097.94(a) and 5097.96. Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r ). Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and 'individuals may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We strongly urge that you 14 make contact with the list of Native American Contacts on the attached list of Native American contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project. Pursuant to CA Public Resources Code § 5097.95, the NAHC requests cooperation from other public agencies in order that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and Section 2183.2 that requires documentation, data recovery of cultural resources. Furthermore, the NAHC if the proposed project is under the jurisdiction of the statutes and regulations of the National Environmental Policy Act (e.g. NEPA; 42 U.S.C. 4321-43351). Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 et seq), 36 CFR Part 800.3 (f) (2) & .5, the President's Council on Environmental Quality (CSQ, 42 U.S.0 4371 at seq. and NAGPRA (25 U.S.C. 3001- 3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interiors Standards include recommendations for all 'lead agencies' to consider the historic context of proposed projects and to "research' the cultural landscape that might include the 'area of potential effect.' Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for . listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APES and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section 6097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for inadvertent discovery of human remains mandate the processes to be followed in the event of a discovery of human remains in a project location other than a 'dedicatedcemetery. To be effective, consultation on specific projects must be the result of an ongoing, relationship between Native American tribes and lead agencies, project proponents and their contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. Finally, when Native American cultural sites and/or Native American burial sites are prevalent within the project site, the NAHC recommends 'avoidance' of the site as referenced by CEQA Guidelines Section 15370(a). 15 If you have any qu t ns about this response to your request, please do not hesitate to me at (916) §53-625, Cc: State IIfia righouse Attachment ativ American Contact list 1 16 waCHAOM Mh Rod Balam Robb lore mew JamLYoo MOSCO a STAFF Director Ed Coopor MWGuadn Rund Brady Barbera Senfm Caudymminsh oar r 40mazana,l apw. PeV 9MI32 AIRPORT LAND USE COMMISSION RIVERSIDE COUNTY 15, 2012 Mr. Andrew Mogensen, Principal Planner City of La Quirta Planning Department P. O. Box 1504 78-495 Cane Tampico La Quints CA 92263 Draft Environmental Impact Report (DEIR) for the City of La Quints General Plan Update (SCH # 2010111094) Mr. Mogensen: k you for providing the Riverside County Airport Land Use Commission (ALUC) with a CD of the Draft Environmental Impact Report (DEIR) for the City of La Quinta General Plan de. We have reviewed the document and offer the following comments. On page III-99 of the Draft EIR, Bermuda Dunes Airport is variously referred to as a "private airfieWora'privateairstrip.' This is anincorrect classification. Bermuda Dunes Airport should the described as a "privately -owned public use airport.' As a public use airport, Bermuda Dunes Airport is subject to permitting requirements of the State of California Department of Transportation Division of Aeronautics. Another distinction between a public use airport and a private airstrip is that Airport Lend Use Commissions are required to prepare Airport Land Use Compatibility Plans for the environs of public use airports. A handwritten annotated copy of page III-99. is attached hereto, and we would recommend that the Final EIR incorporate the recommended changes. portion of the City of La Quinta located northerly of Fred Waring Drive and westerly of Iferson Street is within Compatibility Zone D and Is proposed for a land use designation of Low insity Residential (0 to 4 dwelling units per acre). This land use designation is not consistent h Countywide compatibility criteria for Compatibility Zorre D; however, as this designation lects an existing land use (a recorded tract map), a finding of consistency could still be made the Airport Land Use Commission. The current boundaries of the City of La Quinta Ire outside the Airport Influence Area for Jacqueline Cochran Regional Airport, but the sphere of influence extends into this area and is included primarily in Compatibility Zones D and E. Small portions of Compatibility Zones C and B1 extend into the area directly southwesterly of the Airport Boulevard/Harrison Street intersection. This area is within the community of Vista Santa Rosa, where the Commission has indicated a willingness to consider special policies if large expanses of open area can be preserved in perpetuity. (Please see the attached letter from the Airport Land Use Commission to the Riverside County Planning Department regarding this issue.) tto Section 21676(b) of the California Public Utilities Code, "prior to the amendment of a plan ... the local agency shall first refer the proposed action to (ALUC).° At the ate time prior to action (ideally before Planning Commission consideration, but definitely ity Council action), the new General Plan should be submitted to the Airport Land Use Won for a consistency review. (A copy of the'Application for Major Land Use Action 17 AIRPORT LAND USE COMMISSION August 15, 2012 Review" form is attached, for your convenience.) We urge your consideration of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility Plan, the 2004 Bermuda Dunes Airport Land Use Compatibility Plan, and the 2005 Jacqueline Cochran Regional Airport Land Use Compatibility Plan in proposing land use designations for properties within the Airport Influence Areas of these two airports. Additionally, the California Airport Land Use Planning Handbook published by the State of California Department of Transportation, Division of Aeronautics, is an excellent resource that should be consulted in your efforts to provide for a General Plan that furthers the objectives of airport land use compatibility planning. We recommend that the chapter addressing "Responsibilities of Local Agencies" be reviewed. In situations where a jurisdiction's General Plan has not been determined by ALUC to be consistent with applicable Airport Land Use Compatibility Plans, ALUC is empowered to require submittal of all actions, regulations, and permits (such as land divisions and development of structures with a cumulative floor area of 20,000 square feet or greater) involving land within an Airport Influence Area for individual determinations of consistency or inconsistency. All major land use actions, with or without legislative actions such as general plan amendments, specific plans and specific plan amendments, and zoning changes, affecting land within the Airport Influence Areas of Bermuda Dunes Airport and Jacqueline Cochran Regional Airport are presently subject to ALUC review. ALUC reviews for conformance with ALUCP compatibility criteria, including land use intensity, noise, and height. (Once ALUC has determined a I urisdiction's General Plan to be consistent, only those projects involving general plan amendments, speck plans, specific plan amendments, ordinance amendments, or zoning changes are subject to ALUC review.) The protection of airports from incompatible land use encroachments is vital to California's economic future. ALUCs were created by the State of California to work with local jurisdictions in a joint effort to provide for compatible land uses in the vicinity of public use airports. ALUC staff is available to assist the City in this effort in order to provide for a General Plan that is consistent with adopted Compatibility Plans, and would be happy to meet with you and City staff to discuss the General Plan and the ALUC review process at your convenience. If you have any questions, please contact John Guerin, ALUC Principal Planner, at (951) 955- 0982. Sincerely, RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION C. (3): Page III-99 with recommended corrections Letter to Riverside County Planning re: Vista Santa Rosa Application for Major Land Use Action Review cc: Nicole S. Criste, Terra Nova Planning & Research Mike Smith, Bermuda Dunes Executive Airport Daryl Shippy, Riverside County EDA— Aviation (Indio) 18 Coachella Valley Mosquito and Vector Control District 43-420 Trader Place • Indio, CA 92201 (760) 342-8287 • Fax (760) 342.8110 • Toll Free 1-888-343.9399 E-mail: CVmosqutto@ccvmvcd.org Website: www.cvmved.org August 21, 2012 President .. To: Andrew Mogensen, AICP SHARON LOCK Principal Planner Palm Springs City of La Quints vim Preeident P.O. Box 1504 QW HOWELL 78-495 Calle Tampico Cathedral City La Quints, CA 92253 AUG 2 7 2012 Cm OF LA GUINTA _ ^UINNINO DEPARTMPI Secretary DOUGLAS WALKER Subject: Comments regarding Notice of Completion of a Draft Environmental Palm Desert Impact Report EIR for the City of La p po (D ) Quints General Plan Update, State Treasurer Clearinghouse No. 2010111094 ROBERTCOX La Quints Dear Mr. Mogensen, - STEVEN HERNANDEZ Coachella - Thank you for the opportunity to express the position and concern of the ALBgar KECK Coachella Valley Mosquito and Vector Control District (hereafter, the District) county at Large regarding the Draft Environmental Impact Report (EIR) for the City of La Quinta KARL BAKER JR General Plan Update (State Clearinghouse No. 2010111094). Desert Hot Springs The District is a non -enterprise independent special district accountable to the BRUCE UNDEn Wells Dr. P.H. Indian Wells citizens of the Coachella Valle charged with the protection of public health Y, g P through the control of vectors and vector -borne diseases within its boundaries. We SAM TORRES operate under the California Health and Safety Code Division 3; Sections 2000- Indio 2910 (known as the Mosquito Abatement and Vector Control District Law). Our CHARLES RICH activities include the prevention and control of mosquitoes, filth flies, eye gnats, Rancho Mirage and the red imported fire ant. The General Plan Update may result in increases in BRANKA B. LOTHROP, Ph. D. these vector populations and impact the ability of the District to control vectors. General Manager Specifically, the expansion of La Quinta into its Sphere of Influence to the south and east will increase the likelihood that residents encounter vector and nuisance insects in agricultural and wetland habitats. Mosquitoes Within the urbanized areas of La Quinta, as well as the rest of the Coachella Valley, mosquitoes breed in storm drain systems, neglected swimming pools, poorly designed or damaged landscape irrigation systems, and other containers that hold water for at least 96"hours. The most important vector species are the encephalitis mosquito and the southern house mosquito. These species can vector (transmit) West Nile virus, western equine encephalomyelitis and St. Louis encephalitis to humans. Additionally, West Nile virus and western equine 19 encephalomyelitis can infect horses, which is of interest to La Quinta due to its numerous equestrian trails. The General Plan Update indicates that the number of dwelling units in the planning area will be increased to 53,103. The current number of dwelling units that are occupied year-round is 14,820 of the 23,489 available. If the current year-round occupation rate is kept constant at 63%, then 19,648 dwelling units could be expected to be unoccupied. If the current number of seasonal, recreational, and occasional use homes remains the same (27.5% according to the 2010 U.S. census), then 14,603 homes will be vacant for at least part of the year. The District conducts aerial photography to determine if pools are neglected. In April 2012, we identified 245 pools in La Quinta as possibly being neglected, or approximately 1% of the dwelling units present. With an increase in dwelling units, we might expect this to reach 530 pools at build out. We currently see that approximately half of the pools on our possibly neglected list require treatment and follow-up inspections. Storm drains, catch basins, dry wells, and detention basins are also commonly used as breeding sites for mosquitoes within the urban environment. Given that 2,084.5 acres of street rights of way are proposed to be built under the Preferred Plan, we expect that more storm drains will be built. We applaud La Quinta's commitment on page V-4 to be a Full Service Community. We agree that "storm drains ... [are] maintained in good working order and of adequate service level to address existing and future needs" is an important Guiding Principle and a task that ensures effective use of mosquito control products. As the agricultural areas of the Sphere of Influence are built, residents are likely to encounter floodwater mosquitoes known as Psorophora. These mosquitoes are not vectors of disease; however, they are active day and night and are very painful biters. The addition of residents in the area will result in additional service requests, increasing our workload. Filth flies and eye gnats As the area within the La Quinta Sphere of Influence is developed from agricultural property into dwelling units, we expect to receive more requests for control of filth flies and eye gnats. Most flies lay eggs in decaying plant or animal matter as can be found in agricultural practices. We have seen the development of homes in traditionally agriculture areas result in unhappy homeowners who are not pleased with the presence of adult flies. We can and do recommend methods of preventing breeding sources of flies, but properties that are zoned for agriculture do have potential for fly breeding even when practicing standard and acceptable agricultural practices as defined by the California Health and Safety code. Red imported fire ants (RIFA) While the red imported fire ant (RIFA) is not a vector of disease, it is an invasive species within the Coachella Valley that produces a very painful sting. People may experience localized pain or swelling and in some cases, anaphylactic shock. In urban areas, they build mounds close to buildings, in school yards, athletic fields, golf courses, and parks. In agricultural areas, they can build mounds near water sources and drip irrigation systems, feed on seeds and budding fruits, and sting livestock. La Quinta already has several golf courses that are infested with RIFA, and 20 further creation of green spaces will likely result in the spread of the insect into the currently less urbanized Sphere of Influence. We applaud the City of La Quinta's commitment to using desert landscaping techniques as well, as the development of educational programs and demonstration gardens to inform the public and businesses of water efficient techniques and sustainable practices. Reducing water use, particularly wasted water that flows into stone drains, will result in decreases in vector populations. We encourage the city to work with us and future developers to use vector prevention strategies when building storm drains and choosing landscape options. Sincerely, Jeiuu er Henke, M.S. Environmental Biologist jhenke@cvmvcd.org cc: Branka B. Lothrop, Ph.D., General Manager Jeremy Wittie, M.S., Scientific Operations Manager 21 South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4182 (909) 396-2000 • www.agmd.gov F-Mailed• August 24, 2012 August 24, 2012 planningoa-quinta.org Mr. Andrew Mogensen, AICP Principal Planner City of La Quinta AU' - P.O. Box 1504 78-495 Calle Tampiw La Quinta, CA 92253 1':u sl'fld; 3;)CYN Mt Review of the Draft Environmental Impact Report (Draft EIRI for the City of La Ouinta General Plan Update Proiect The South Coast Air Quality Management District (AQMD) staff appreciates the opportunity to comment on the above -mentioned document. The following comments are intended to provide guidance to the lead agency and should be incorporated into the Final Environmental Impact Report (Final EIR) as appropriate. Based on a review of the Draft EIR the AQMD staff is concerned about the project's regional construction and operational air quality impacts. Specifically, the lead agency has determined that the project's construction and operational emissions will exceed the AQMD's CEQA significance thresholds for NOx, SOx, CO, VOC, PM10 and PM2.5 emissions impacts. Therefore, the AQMD staff recommends that the lead agency provide additional mitigation measures to minimize the project's significant air quality impacts. Further, the AQMD staff request that the lead agency provide additional information and clarification in the Final EIR on the project's Greenhouse Gas (GHG) Emission Reduction Plan and GHG significance determination presented in the Draft EIR. Details regarding these comments are attached to this letter. Pursuant to Public Resources Code Section 21092.5, please provide the SCAQMD with written responses to all comments contained herein prior to the adoption of the Final EIR. Further, staff is available to work with the lead agency to address these issues and any 22 Mr. Andrew Mogensen August 24, 2012 other questions that may arise. Please contact Dan Garcia, Air Quality Specia8st CEQA Section, at (909) 3%-3304, if you have any questions regarding the enclosed comments. Sincerely, v. Ian MacMillan Program Supervisor, CEQA Inter -Governmental Review Planning, Rule Development & Area Sonices Attachment lld:DG RVC120713-03 Control Number 23 Mr. Andrew Mogensen August 24, 2012 Greenhouse Gas Emissions Analysis l . Based on a review of the Draft EIR the lead agency has determined that the proposed project will achieve its greenhouse gas (GHG) reduction target of 10% below 2005 levels by 2020 and 28% below 2005 levels by 2035. Based on information presented on page IV-7 of the GHG Reduction Plan the lead agency established BAU using historical growth rates (2005 baseline data) within city limits. As a result, the lead agency applied this same growth rate to land area outside of city limits and in the project's sphere of influence (SOI). However, it does not appear that the land outside of the lead agency's jurisdiction and in the SOI (see Figure 1-5 of Draft EIR) has a growth potential that is consistent with the growth rates assumed in the BAU analysis. Specifically, it does not seem appropriate to allocate the same growth rate to land in the city limits boundary and land in the SOI boundary given the existing lower density rural designation within the SOL Therefore, the AQMD staff requests that in light of a recent court oiling regarding BAU analysis' the lead agency demonstrate that the BAU analysis properly captures the growth potential in the city's sphere of influence and provide clarification about the use of this rate to establish the project's BAU emissions value. Regional Plan Censistenc 2. The lead agency indicates that the population, housing and employment growth rates in the GHG Reduction Plan were provided by the Southern California Association of Government (SCAG). However, the lead agency does not provide any quantitative analyses or measures to demonstrate that the project is consistent with the recent Sustainable Community Strategy (SCS) adopted by the SCAG. Therefore, the final CEQA document should provide a quantified analysis demonstrating consistency with the 2012 Regional Transportation Plan/SCS. Mitigation Measures for Operational Air Quality Impacts 3. The lead agency's operational air quality analysis demonstrates significant air quality impacts from all criteria pollutant emissions including NOx, SOx, CO, VOC, PM 10 and PM2.5 emissions impacts. These impacts are primarily from mobile source emissions related to vehicle trips associated with the proposed project. However, the lead agency fails to adequately address this large source of emissions. Specifically, the lead agency requires nominal mitigation measures in the Draft EIR that lack emission reduction targets and specificity relative to the mobile source emissions. Therefore, the lead agency should reduce the project's significant air quality impacts by reviewing and incorporating additional transportation mitigation measures from the greenhouse gas quantification report2 published by the California Air Pollution Control Officer's Association and by revising mitigation measures 1 through 6 on Friends of the Northern San Jacinto Valley et al., v. County of Riverside et al. (Villages of Lakeview, April 2012) ' California Air Pollution Control Officer's Association. August 2010. Quantifying Greenhouse Gas Mitigation Measures. Accessed at: http,//www capcoa orplwp-content/uploads/2010111/CAPCOA- 24 Mr. Andrew Mogensen 4 August 24, 2012 page III-35 of the Draft EIR to provide specific emission reduction targets in the Final EIR. Further, the lead agency should be mindful of significant mobile source reductions that are needed in the near future for the South.Const Air Basin to achieve Federal Clean Air Standards by 2023 and 20303. u. -:t,t i M 4. The lead agency determined that the proposed project will exceed the CEQA regional construction significance thresholds; therefore, AQMD staff recommends that the lead agency provide the following additional mitigation measure pursuant to CEQA Guidelines Section 15.126.4. • Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) and if the lead agency determines that 2010 model year or newer diesel trucks cannot be obtained the lead agency shall use trucks that meet EPA 2007 model year NOx and Plot emissions requirements. � See page six (6) of the Powering the Future Document accessed at: http://www.agmd.ROY-/Dubinfo/imagesfcovff-spread.*p 25 Gf iiV/E�Gli �111 Li► ATE Established in 1918 as a public agency R Coachella Valley Water District An 2Ci2 �STRI� j CITY OF LA OUINTA ` "LANNING DE_P_ARTMFNT Directors: - Off eis: Peter Nelson, Resident - Div. 4 Steven B. Robbins, General Manager -Chief Engineer John P. PoweB, A. Vice President - Div. 3 Julia Fernandez. Board Secretary Patricia A. Larson - Div. 2 Debi Livesay - Div. 5 Redwine and Sherrill. Attorneys Franz W. De IOotz - Div. t August 22, 2012 File: 1150.14 Andrew Mogensen, AICP Principal Planner City of La Quinta Post Office Box 1504 La Quinta, CA 92253 Dear Mr. Mogensen: Subject: Notice of Completion of a Draft Environmental Impact Report for the City of La Ouinta General Plan Update Thank you for affording the Coachella Valley Water District (CVWD) the opportunity to review the Notice of Completion of a Draft Environmental Impact Report (DEIR) for the La Quinta General Plan Update. CVWD provides domestic water, wastewater, recycled water, irrigation/drainage, regional stormwater protection and groundwater management services to a population of almost 300,000 throughout the Coachella Valley in Southern California. At this time, CVWD submits the following comments regarding the DEIR: 1. Where applicable throughout the DEIR, references should be made to the 2010 Coachella Valley Water Management Plan Update (approved in January 2012), the Coachella Valley Multiple Species Habitat Conservation Plan, and the Thomas E. Levy Groundwater Recharge Facility. 2. Pace M-9 Environmental Summary Matrix: Under the "Existing Conditions" heading, "Hydrology" is misspelled. Please revise first sentence under "Hydrology" to state: "Analysis and design of regional flood control structures is the responsibility of CVWD ". Please revise the last sentence of the first paragraph under "Hydrology" to state "... the Bear Creek System, the East La Quinta Channel System, Dike No. 2,Guadelupe Dike, and Dike No. 4. " In reference to the second paragraph under the "Project Impacts" heading, please note that the portion of the Coachella Valley Stonnwater Channel within the Planning Area is not a "levee ", and most of this section has slope protection. Andrew Mogensen, AICP Principal Planner City of La Quinta 2 August 22, 2012 3. Page M-10, Environmental Summary Matrix: In the last sentence of the third paragraph under the headings "Existing Conditions" and "Water Resources/Quality", please revise to read:. "CVWD estimates the annual overdraftfor for 2010 to be 7, 457 acre-feet. " 4. Page II-12: Please revise the third paragraph to read "...which drains an approximate 1, 069-square-mile watershed at Indio... " or "... which drains an approximate 1, 525- square-mile watershed at the Salton Sea... ". In the last paragraph, please replace "Whsewater River" with "Wasewater River Stormwater Channel 5. Page 11-13: Under the heading "Domestic Water Resources", please revise the second sentence to the following: "It uses wells to extract groundwater which naturally recharges from mountain runoff`. Natural recharge is supplemented by replenishment programs supplying supplemental water to the Thomas E. Levy Groundwater Recharge Facility near Dike No. 4 and at the Martinez Canyon Pilot Groundwater Recharge Facility near Martinez Canyon Under the heading "Whitewater River Subbasin", please revise the last sentence of the first paragraph to state "...Lower Whiewater River Subbasin Area of Benefit. " In the first sentence of the second paragraph, please revise to read "...groundwater use in the Whsewater River Subbasin has been steadily increasing to a point where demand has exceeded natural supplies. " 6. Pa eg II_20: In the third sentence of the first paragraph under "Domestic Water", please revise to read "... and south and east of the Planning Area at the Thomas E. Levy Groundwater Recharge Facility near Dike No. 4 and at the Martinez Canyon Pilot Groundwater Recharge Facility near Martinez Canyon. " In the last two sentences of the paragraph under "Wastewater Services", please replace "Mid -Valley Water Reclamation Plant " with "Water Reclamation Plant No.4 ". 7. Page III-104: In the first sentence of the paragraph under "Regional Stormwater Management", please revise to read: "Analysis and design of regional flood control Structures is the responsibility of CVWD ". Please revise the second to last sentence to read "... include the Coachella Valley Stormwater Channel, Whiewater River Stormwater Channel, the La Quinta Evacuation Channel, the Bear Creek System, the East La Quinta Channel System, Dike No. 2, Guadalupe Dike, and Dike No. 4. " Andrew Mogensen, AICP Principal Planner City of La Quinta August 22, 2012 Please revise the first four sentences in the first paragraph under "Whitewater River/Coachella Valley Stormwater Channel" to read: "The Whitewater River, which flows into the Coachella Valley Stormwater Channel in the Planning Area, is the principal drainage course in the City, extending through the Coachella Valley for 50 miles, with an average cross-section of 350 feet. The Channel is generally dry, but may be inundated during storm events. Most of the Coachella Valley Stormwater Channel sections within the City have reinforced slope protection; the remaining portions are protected by unreinforced earthen berms. " Please revise the first sentence of the second paragraph to read: "The aforementioned reinforced slopes and remaining unreinforced earthen banks are classified by FEMA as "Provisionally Accredited Levees", indicating that they provide protection from the 100 year flood. " & Page III-105: Please revise the last sentence under `Bear Creek System" to read: "CVWD has applied for FEMA accreditation of the Bear Creek Channel System including the training dike, and is awaiting receipt of the formal accreditation letter. " In reference to the last sentence of the paragraph under "Oleander Reservoir", the Standard Project Flood elevation is projected to be 54 feet at the reservoir; please verify 44-foot elevation associated with the 100-year flood. 9. Page III-106: In reference to the first two sentences of the first paragraph under "Dikes", please note that the dikes were constructed to protect agricultural lands. Also, the Eastside Dike is not located within an area covered by the City's General Plan Update. 10. Page III- 110: Please revise the first two sentences of the first paragraph under "Levee Failure and Seiching " to read: "There are several major stormwater or irrigation facilities located in the Planning Area including the Coachella Valley Stormwater Channel, Coachella Canal, and Lake Cahuilla. " In the first sentence of the second paragraph, please replace "sand levees" with "banks " or "levees". 11. Page III-238: Please revise the second sentence'of the third paragraph under "Existing Conditions " to read • "Although Colorado River water is one of the Coachella Valley's main sources of water, it has elevated levels ofsalinity. This water has been cited as contributing to the elevated salinity levels found in the Valley. " 12, Page III-239: Please revise the last sentence of the first paragraph under "Thermal Subarea" to read: "... increased pumpage has lowered groundwater levels in the lower portion of the Whitewater River subbasin. " Andrew Mogensen, AICP Principal Planner City of La Quinta 4 August 22, 2012 Please revise the first sentence of the third' paragraph to read: "The upper and lower aquifer zones of the Thermal.subarea... Please revise the first sentence under "Regional Water Supply and Demand" to read: "The Coachella Valley's principal domestic water source is groundwater. " 13. Page III-240: Please revise the first and second sentences under "Regional Water Supply" to read: "Domestic water is provided in the City and most of the sphere by CVWD. Groundwater is the primary source for this water supply." In the first sentence of the second paragraph, please add "Area ofBenefrt" after "Subbasin ". Please revise the last sentence of the third paragraph to read: "...the annual balance in the Area ofBenefrt for 2010 was estimated to be -7, 457 acre feet. /09" And please add this sentence: "The cumulative overdraft for the Area of Benefit through 2010 is estimated to be 4,497,609 acre-feet 109" . Under "Historic and Current Consumption", please add "Area of Benefit" after "Subbasin ". 14. Page III-241: Please revise the title of Table III-50 to "Coachella Valley Water District Annual Water Production Within the Lower K%itewater River Subbasin Area ofBeneft. " Under "Domestic Water Facilities", please update data to include the following: "CVWD has 102 active wells, 59 reservoirs, and in 2011 delivered 102,805 acre-feet of water to a population of 286, 240. " 15. Page III-243: Please replace "... and the Mission Creek subbasins... " with "... and the Mission Creek Subbasin Areas of Benefit " in the second and third paragraphs on this page." 16. Page III-244: Please revise the heading "Reclaimed Water/Tertiary Treated Water" to "Recycled Water/Tertiary Treated Water". In the second sentence under this heading, please revise to state "...of which two have facilities to treat wastewater...' and add this sentence after the second sentence: "A third CVWD water reclamation plant produces secondary treated water suitable for irrigation where uses are restricted. " 17. Page III-245: In the next to last sentence of the first paragraph on the page, please ' replace "turn" with 'turf'. Andrew Mogensen, AICP Principal Planner City of La Quinta August 22, 2012 18. Page III-246: Please revise the fourth and fifth sentences of the second paragraph under "Water Quality" to read: "In some areas, low levels of naturally -occurring arsenic have been found. CVWD has three ion exchange treatment facilities for arsenic removal; these are located in the Mecca and Thermal areas. " 19. Page III-247: Please revise the second and third sentences under "Total Dissolved Solids" to read: "The secondary MCL for TDS includes an upper level of 1,000 milligrams per liter (mg1L) and a short-term level of], 500 mg1L. Based on CVWD domestic well monitoring data for 2009, TDS levels ranged from 150 to 980 mg/L. " Under "Nitrates", please remove the ".s" from "commons" in the second sentence of the first paragraph. 20. Page III-248: Please revise the first sentence of the fourth paragraph on the page to read: "The primary water quality issues in the Coachella Valley are salinity and nitrates. " Please add "River" after "Whitewater" in the second sentence. 21. Page III-252: Please replace "reclaimed" with "recycled" in the last sentence of the first paragraph under "Impacts to Water Supply Resources ". 22, Page III- 254: In the third sentence of the first paragraph, revise to read "...established thresholds for domestic water... " and place a comma after "chromium-6" in the last sentence. In the third sentence under "Nitrates", please revise to read "... nitrate concentrations in domestic water provided by CVWD range from "not detected" to a maximum of 40 mg/L." 23. Page III-255: Please remove the "s" from "impacts" in the first sentence of the first full paragraph. 24. Exhibit III-10: The Coachella Valley Stormwater Channel is mislabeled as the "Whitewater River". If you have any questions, please call Luke Stowe, Senior Environmental Specialist, extension 2545. Yours ery truly, t Mark L.Johnson Director of Engineering COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Transportation Department August 27, 2012 Les Johnson, Planning Director City of La Quints 78-495 Calle Tampico La Quinta, CA 92253 Subject: Draft Environmental Impact Report (DEIIt) and City of La Quinta General Plan City of La Quints Dear Mr. Johnson: �., OP R,y� A ss�• �D; �R Juan C. Perez. P.E.. T.E. Director qr Trmt.vpnnation Ci:; :. .. • r is Thank you for the opportunity to review the City of La Quinta General Plan. We offer the following comments. The Riverside County Transportation Department (RCTD) has reviewed the Circulation Element for the City of La Quinta General Plan. The County requests that any roadway designations within the Citys Circulation Element that extend to the City/County boundary and the Citys sphere of influence and that differ from the County's designations be coordinated with County staff. Specifically the RCTD has compared the City's Circulation Element to the County's current Circulation Element and the Circulation Element the County will be proposing in its own update to the County General Plan. The RCTD is primarily concerned with potential conflicts regarding the proposed designations an Harrison Street (former SR-86) and Avenue 62 within the Citys CirculationElement . Based on discussions with City staff, the County understands that Harrison Street was modeled for the City's General Plan as an 8 lane divided facility and that the Citys traffic model demonstrated the need for a facility of this size. The County concurs that an 8 lane facility will need to be accommodated.in the future for Harrison Street However, as of the writing of this letter the last published version of the Citys General Plan showed Harrison Street as a Major Arterial Highway (6 lanes divided within 128 feet of right- of-way). The County requests the City incorporate a cross-section for an 8 lane divided highway into the City's General Plan and that the designation of Harrison Street would be changed to that cross-section. The County requests that the Citys cross-section would generally conform to the attached cross-section. The City is proposing that Avenue 62 be designated as a Secondary Arterial Highway (4 lanes undivided within 102 feet of right-of-way). The County has previously analyzed this roadway in the South Valley Parkway Traffic Study and Roadway Phasing Plan dated April 4, 2007 prepared by Kimley-Hom and Associates, Inc. The conclusions of that study indicated that the portion of Avenue 62 that falls within the City's General Plan between Monroe Street and Harrison Street.should be planned for four lanes within 4081 Lcmun Street, x(h Floor - Rivmlde. Calirumia 925m - (951) 955-6740 P.O. &iz 1090 - River W. C lirnrnia 92502-1090 - FAX (950-955-3198 31 Les Johnson, Planning Director Page 2 August 27, 2012 220-feet of right-of-way. The County has done additional traffic modeling of this corridor in connection with a proposed update of the County's General Plan using the R[VTAM model. The assumptions of model for the proposed General Plan incorporated approved Specific Plans within this portion of the County, but otherwise did not use the proposed land use assumptions of the South Valley Parkway. The General Plan update model analyzed the full future build -out of all unincorporated and incorporated areas beyond the 2035 horizon, and the model has indicated that traffic volumes on Avenue 62 will warrant at least a 6 lane divided facility at full build -out. The County continues to recommend that Avenue 62 should be designated in such as way that sufficient right-of-way will be preserved for the accommodation of ultimate future growth and that at a minimum will permit the construction of a 6 lane divided facility. The County believes that a minimum of 152 feet of right-of-way should be preserved for this roadway, especially between Jackson Street and Harrison Street The County has adopted Community Design Guidelines for an area known as Vista Santa Rosa (VSR). The boundaries of this community include the unincorporated portions of the City of La Quinta's General Plan, covering the City's current sphere of influence and extend further to the south between Avenue 62 and Avenue 66 on the north and south and between Monroe Street and Harrison Street on the west and east The County requests that the City would cooperate with the County in preserving the VSR community identity within its full boundaries. The County desires that this area remain intact through inclusion within the sphere of influence of one city and that future planning would consider all portions of this community. Thank you again for the opportunity to review the La Quinta General Plan and ER. We appreciate your consideration of these comments: Riverside County Administrative Center 4080 Lemon Street, 8'" Floor Riverside, CA 92502 Sincerely, �it�� Farah Khorashadi, P.E. Engineering Division Manager RF:FK:rg Attachment — Standard No. 87 -8-Lane Expressway" cc: Juan C. Perez, Director of Transportation and Land Management Patricia Romo, Deputy Director 32 CITY OF INDIO 100 CHIC CENTER MALL • fNDIO CA 92201 760.391.4000 � FAX 760.391.4008 WWW.INDIO.ORG August 24, 2012 Andrew Mogensen, AICP Principal Planner City of La Quints P.O.Box 1504 78-495 Calls Tampico La Quints, CA 92253 AUb27Z012 �. iCITY OF LA QUINTA - I. " a'LcNNING DFPe TME!v 1 RE: NOTICE OF COMPLETION OF A DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE CITY'OF LA QUINTA GENERAL PLAN UPDATE. Mr. Mogensen, As requested by you we have reviewed the duly 2012 City of La Quints General Plan Draft Environmental Impact Report (Draft EIR), including the TransportationJTraffic portions prepared by Terra Nova Planning & Research as well as Appendix H to the Draft EIR, the May 14, 2012 of the City of La Quinta General Plan Circulation Element Update Traffic Impact Analysis prepared by Iteris. While the Draft EIR mentions that several roadways and intersections are shared with other jurisdictions and while the Draft EIR suggests that cooperation and communication with adjacent jurisdictions is needed, there has been no meaningful communication with our City Traffic Engineer (Mr. Tom Brohard) during the preparation of the Traffic Impact Analysis (other than an introductory call from Iteris indicating that their work on this project had begun). In fact, the list of organizations, persons, and documents consulted shown in Section IX of the Draft EIR does not list or identify any persons or documents from the City of Indio or any other municipality. Rather than preparing their Draft EIR in a vacuum, the City of La Quinta consultants for this project should have, discussed various recommendations with the City of Indio and others, particularly those involving 33 Page 2 of 5 adding lanes within the City of Indio, to mitigate significant traffic impacts caused by intensified land use in the City of La Quinta and its sphere of influence. The following comments pertaining to streets and intersections shared with La Quinta are submitted to you for consideration and for inclusion in the City of Indio comment letter on the La Quinta General Plan Draft EIR: 1) Existing Conditions — Regional Roadways — The discussion of State Highway 111 as a Regional Roadway beginning on Page III-204 of the Draft EIR should be modified to indicate that the State relinquished this roadway several years ago to the local cities and the only portion of State Highway 111 that remains in the Coachella Valley is in the City of Palm Springs. The Highway 111 discussion should also be moved into the discussion of Local Major Highways beginning on Page III-205 of the Draft EIR. 2) Roadway Segment Analysis -for General Plan Buildout — Table III-48 beginning on Page III-221 of the Draft EIR contains some significant spikes in future traffic volumes from block to block. These increases do not appear to be reasonable as the adjacent properties are mostly developed at this time. The following Year 2035 ADT forecasts on roadways shared with the City of Indio require further validation: a. Jefferson Street from Avenue 48 to Avenue 50 — In this segment, 2035 ADT volumes are 7,000 higher south of Avenue 48 and 18,000 higher north of Avenue 50 than the adjacent segments. b. Highway 111 from Dune Palms Road to Jefferson Street - In this segment, 2035 ADT volumes are 10,000 higher east of Dune Palms Road than the adjacent segment to the west. c. Avenue 48 from Dune Palms to Jefferson Street - In this segment, 2035 ADT volumes are 16,000 higher east of Dune Palms Road than the segment to the west. d. Avenue 50 from Jefferson Street to Madison Street - In this segment, 2035 ADT volumes are 14,000 higher east of Jefferson Street than the segment to the west. 3) Intersection Impact Analysis — Table III-49 beginning on Page III-226 of the Draft EIR provides AM and PM Peak Intersection Analysis with 2035 buildout volumes during the peak season. The table should be expanded to indicate and more clearly disclose the additional lanesitraffic control measures that are required, particularly those additions in other jurisdictions including Indio. From Exhibit III-21 to achieve LOS "D' or better, the following additional lanes are needed according to the Draft EIR at the intersections that are shared between La Quinta and Indio: a. Jefferson Street and Fred Waring Drive — 50% Indio; 50% La Quinta — Add westbound right turn lane in Indio. 34 Page 3 of 5 b. Jefferson Street and Hiohwav 111 — 75% Indio; 25% La. Quinta —Add. Riga left hi lane and im southbound thru lane in La Quinta; add 4d' northbound thru lane in Indio. c. Jefferson Street and Avenue 50 — 25% Indio; 75% La Quinta — Add 2nd eastbound left turn lane in La. Quinta; add 2nd westbound left turn lane and 2"d westbound: thrur lane in Indio. d. Madison Street and Avenue 50 — 75% Indio; 25% La Quinta — The proposed lane additions in the Draft EIR have been modified by the Indio/La Quinta Project Development Team (PDT) working together on the improvement of Madison Street to eliminate the possible need for a third northbound thru lane in Indio. The Draft EIR should be updated to reflect the ultimate intersection geometry approved by the PDT on July 24, 2012. These lane additions in the City of La Quinta now include a 2nd eastbound thru lane and an eastbound, right turn lane. Lane additions in the City of Indio now include a 2nd southbound left turn lane, a second southbound thru lane, and a southbound right turn lane; a 2nd northbound left turn lane, a 2nd northbound thru lane, and a northbound right turn lane; and a 2nd westbound thru lane and a westboundright turn lane. A.traffic signal will also be installed at this intersection. e. Madison Street and Avenue 52 — 25% Indio; 75% La Quinta - The proposed lane additions in the Draft EIR have been modified by the Indio/La- Quinta PDT working together on the improvement of Madison Street to eliminate the possible need fora third northbound thru lane in Indio. The Draft EIR should be updated to reflect the ultimate intersection geometry approved by the PDT on July 24, 2012. These lane additions in the City of La Quinta now Include two southbound left turn lanes, a second southbound thru lane, and a southbound right turn lane; a 2nd northbound' left turn lane and a 2nd northbound thru lane. Lane additions in the City of Indio now include a 2nd westbound thru lane. A traffic signal will also be installed at this intersection. f. Monroe Street and Avenue 52 — 50% Indio; 25% La Quinta; 25% County — Add 2 e"� astbound thru lane in. La Quinta; add 2nd southbound left turn lane, 2nd southbound thru lane and southbound right turn lane in Indio; add 2nd westbound thru lane in Indio; add two northbound left turn lanes,, a 2nd northbound thru lane; and a northbound right turn lane in the County. 4) Intersections Potentially Worse Than LOS "D" - The underlying analysis in the Draft EIR is very conservative, having bumped up the October traffic counts by 10 percent to reflect higher volumes in January, February, and March. This baseline increase of 10 percent effectively translates to a drop in LOS from "D" to "E" at these intersections. Constructing costly additional improvements to maintain LOS "D" for the highest traffic volumes during three months of the year, when these intersections will operate at LOS "D" or better for the other 35 Page 4 of 5 nine months of the year, is not justified during these difficult economic conditions. Since our Circulation Plan Update in 2008, the City of Indio allows LOS "E" under certain conditions (see attached). Many other jurisdictions in California also allow LOS "E" under these or similar conditions. For intersections shared with the City of Indio, especially those where Indio has jurisdiction over 75 percent of the intersection, the City of La Quinta should reconsider its LOS "D" standard and also allow LOS "E" under certain conditions. Mitigation measures necessary to achieve LOS "E" should be identified and more clearly disclosed in separate tables and figures, together with identification of improvements that are required within the City of Indio. According to the Draft EIR, intersections shared between the Cities of La Quints and Indio that may operate at worse than LOS "D" include: a. Jefferson Street and Hiahwav 111 — Only 25% of this intersection is in the City of La Quinta, with 75% of the intersection within the City of Indio. While adding a third SB left turn lane may be feasible, adding fourth northbound and southbound thru lanes on Jefferson Street will require additional right of way in the City of Indio. Both cities have constructed what are typically considered the maximum practical improvements at Jefferson Street and Highway 111 including dual left turn lanes, three thru lanes, and separate right turn lanes with green arrow overlaps on each approach. Further widening of the intersection which necessitates purchase of right of way and could result in other environmental impacts is not acceptable to the City of Indio. In accordance with the attached policy, LOS "E" conditions will therefore be acceptable if they should occur at buildout in Year 2035 during the peak season (January thru March) at Jefferson Street and Highway 111 in the City of Indio. b. c. Madison Street and Avenue 50 - Only 25% of this intersection is in the City of La Quinta, with 75% of the intersection within the City of Indio. The revised lane configurations approved by the Indio/La Quinta PDT will result in LOS "D" or better operating conditions in Year 2035. Further widening of the intersection which necessitates purchase of additional right of way and could result in other environmental impacts is not acceptable to the City of Indio. In accordance with the attached policy, LOS "E" conditions will therefore be acceptable if they should occur at buildout in Year 2035 during the peak season (January thru March) at Madison Street and Avenue 50 in the City of Indio. 36 Page 5 of 5 Please feel free to contact us at 760-391-4120 with any question you may have. Thanks, ails Na ai Assistant Planner City of Indio Community Development, Department Planning Division 37 CITY OF COACHELL.A 1515 SixrH Srw=.Er, COACHF:LLA, CA1.111oamA 92230 PHDNE (760) 398-3502 . FAx (760) 398-8117 . www.eoACHN ia.oiea August 27, 2012 AIJ'J ( tt;2; Mr. Andy Mogensen, AICP City of La Quinta Planning Department P. O. Box 1504 La Quinta CA 92253 Subject: La Quinta General Plan Update Draft Environmental Impact Report (DEIR) Dear Andy: The City of Coachella would like to thank your staff and consultants for including the City of Coachella, throughout your process, in the La Quinta General Plan Update. We had the privilege of meeting with you during the early planning stages and discussed items of mutual concern. We are excited to see the latest documents that are now approaching the public heating process. Upon closer review of the documents, the City of Coachella would like to register the following comments regarding the draft documents. 1) The Preferred Alternative Land Use Plan (Exhibit 1-5) shows the entire geographic area bounded by Jackson Street, Airport Boulevard, Harrison Street and the Coachella City boundary as "Low Density Residential" except for two areas of "Community Commercial' at SW corner of Van Buren and Avenue 53, and on the west side of Harrison Street between Airport Boulevard and Avenue 60 (north of Avenue 54). The City is concerned about this blanket designation for the following reasons. a) The preferred land use plan deviates from the Vista Santa Rosa Land Use Concept Plan (VSRLUCP) with respect to the clustering of densities at the Village Center near Coachella Valley High School. The City of Coachella believes that "Medium High Density Residential", "High Density Residential", "Village Center" and "Community Center" uses identified in the VSRLUCP at Calhoun Street and Airport Boulevard are beneficial to the long term quality of life in the area. The City of Coachella would encourage the creation of a neighborhood center similar to what is envisioned in the. VSRLUCP in order to reduce vehicular trips for the commercial needs of nearby residents, and to have a cluster of density near the existing High School to promote walking routes to school. b) The intersection of Van Buren Street and Avenue 52 in Coachella has approximately 160 acres of undeveloped land designated for General Commercial uses. Commercial land developers have studied this intersection as a future node for regional commercial and medical office uses. This area has the potential to become a significant employment center. The City of Coachella is in favor or designating the land north of Avenue 53 and east of Calhoun Street to include "Medium Density" and "High Density" Residential uses to cluster homes near this future employment center. An.h�rrrr¢rive zlctr�an/t:quril Oppnr7imrly llnlilnyer W. Letter to City of La Quints. August 27, 2012 Page 2 2) The proposed roadway diagram for Harrison Street south of Airport Boulevard is shown as a Major Arterial consisting of six lanes with a'raised median. Please note that the City of Coachella has approved a policy document for Harrison Street between Avenue 54 and Highway I I I ("Harrison Street Corridor Study') that calls for a de-emphasized roadway with four lanes of travel and parallel parking on the street. It is our desire to shift regional traffic onto Van Buren Street and Calhoun Street as future north -south arterial streets within Coachella. In addition to anticipated future commercial uses and possible expansion of the Augustine Casino, the Van Buren and Calhoun Street corridors will provide connectivity between planned community parks at Van Buren and Avenue 49 (Rancho Las Flores) and at Avenue 50 and Calhoun Street (La Colonia Park). The City of Coachella would encourage policies that would require a transitioning section of Harrison Street between Avenue 58 and Airport Boulevard to reduce the number of lanes for north -bound traffic into Coachella. 3) The draft Circulation Element diagram as shown in Exhibit III-18 identifies the major roadway arterials on the traditional section lines throughout La Quinta's sphere of influence (i.e., Avenue 54, Airport Boulevard, Jackson Street; Van Buren Street, Avenue 58, and Avenue 60, etc.). While a majority of Coachella's arterials have not been developed, we see this as an opportunity to enhance connectivity by including the Y2-mile connecting roadways as much as possible into the General Plan network. Accordingly, the City of Coachella will be including Avenue 53, Avenue 55, Avenue 57, Avenue 59, and Avenue 61 into the Circulation Element. Similarly, we will be including Calhoun Street, Frederick Street and Shady Lane as north -south arterial streets to distribute the traffic in a manner that would allow all arterial streets to be no larger than a four -lane roadway. The City of Coachella would encourage smaller block distances between arterial streets to discourage highway - type arterials and encourage pedestrian -friendly streets that provide access to local commercial and public uses within identifiable neighborhood centers. The City has an over -arching goal to improve the health of our residents through the built environment by promoting walkable communities, improving opportunities for short distance non -motorized travel, and improve access to parks and recreational uses. Thank you again for this opportunity to comment and we look forward to sharing our draft General Plan documents with you and your stab as they become available. Please contact me at (760)398-3102 if you have further questions regarding this matter. Sincerely. Luis Lopez) O Development Services Director Xc: David Garcia, Jonathan Hoy 39 Aug.27. 2012 4:14PM No.1353 P. 2 H O F M A. N N LAND DEVELOPMEN'll- C O M P A N Y" City of La Quinta Plann Ing Department Attention: Andrew Mogensen 78-495 Calle Tampico La Quinta, CA 92247-1504 Gentlemen, AU_ ; `l 12 Ptcen �y n -act: r.ari August 27, 2012 Re: Comments on General Plan Update -Draft E.I.R. Attached is a commentary and a number of questions and concerns about the Circulation element portion of the.Draft E.I.R. which was prepared by Endo Engineering the Traffic Engineering consultant for the Travertine project. Hofmann Land Development Co is representing Travertine Corporation in its effort to entitle and eventually develop the Travertine property in South La Quinta. A variety of constraints have been Identified in analyses performed by Travertine which are likely to modify the scope and type of development of the subject property from that which is shown on the General Plan Update and the previously approved Specific Plan and other entitlements. Of particular concern to the property owners is the planned road network and the ability to deliver all of the road segments identified in this E.I.R. and prior City circulation documents given these constraints. Madison Street Extension, Jefferson Street extension and Ave 62 Extension all serve and extend through the project under current General Plan scenarios. We have made numerous requests to staff to work with us to review and analyze the modification and/or the possible deletion or conversion to emergency access of one or more of these roads as part of this General Plan Update. Staff has advised that such review and analysis Is not timely and should be undertaken later as part of a Specific Plan review of the Travertine property. We have respected this requested, as it has been our understanding that the City intends to review and apply the circulation element flexibly in this area of the City understanding that among other things, it is not in the public Interest to construct roads that are unnecessary or oversized. The Endo Engineering analysis of the report reveals that this southerly area of the City was not extensively studied and much detailed information is lacking when compared to the analysis performed in other areas. For the above reasons we request that a written statement be included in the policy document confirming that circulation will be flexibly interpreted in the Southerly Jefferson/Avenue OFFICE: 3000 OAKROAD* M-M 360. WALNUT CREEK, CA 94597 • PHONE 925/478-2020 • FAx 925/977-1689 MAIL: P.O. BOX 907 • CONCORD, CA 94522 40 Aug, 27, 2012 4,10FM No.1353 P. 3 5g/Madison/Avenue 62 area and further that an acknowledgement of this be included In the EIR Circulation analysis. We also seek clarification of a related statement in the General Plan Update regarding all weather crossings as found on II-53 of the Update. Jefferson and Madison streets are correctly Identified as all—weather crossing where they extend over Dikes 4 and 2. The further southerly extension of Jefferson, if constructed, may not bean all weather facility. Although this may not be a direct Draft EIR comment, but we note that financial modeling referenced in the Draft General Plan Update notes that the City has relied upon an assumption of 500 Hotel units in the Travertine project. It remains Travertine's desire to accommodate an element of Transit occupancy tax generating land use in the project. The 500 hotel unit assumption used for the property Is a gross overstatement of the potential for this property and should not be used in the City's financial projections, land use or other assumptions. The City's own experience In successfully integrating Hotel uses In Its central location is a credible citation for decreasing this assumption. We recommend and request that a more reasonable 125 to 150 room maximum Hotel- like facility located in the Travertine development be used in this document and in other financial assumptions: Thank you for the opportunity to comment on these documents. Hofmann Land Development Company David T. Lennon 41 Aug.27. 2012 OOPM No.1353 P. 4 August 27, 2012 Mr. David Lennon Hofmann Land Development Co. P.O. Box 758 Concord, CA 94522 SUBJECT: Comments on the La Quinta 2035 General Plan Circulation Element Update Traf "te Impact Analysis and DEIR Related to the Travertine Specific Plan Dear Mr. Lennon; Endo Engineering has reviewed the "City of La Quinta General Plan Circulation Element Update Traffic Impact Analysis"(TIA), dated May 14, 2012, by Iteris, Inc and DEIR. The traffic analysis reviewed was downloaded from the City of La Quints. 2035 General Plan Update website as Appendix H of the "Draft EIR for the City of La Quinta General Plan" (dated July 2012) prepared by Terra Nova Planning and Research, Inc. The 45-day DEIR review period ends on August 27, 2012. Our review focuses on those aspects of the traffic impact analysis that may affect the Travertine Specific Plan. The three potential access routes to the Travertine Specific Plan are Madison Street, Avenue 62, and Jefferson Street. The future traffic volumes and levels of service along these routes upon General Plan buildout must be provided to determine if they are consistent with current development plans. For example, the travel demand for Madison Street, between Avenue 60 and Avenue 62, is important to identify so that the roadway can be appropriately sized. Given the cost of the bridge required to construct this roadway connection, a realistic future traffic projection is needed for this roadway segment. Without this projection, it is difficult to appropriately size the other access roadways that will serve the Travertine Specific Plan. The classification of Jefferson Street, north of the Travertine site, will need to be considered when the Travertine Specific Plan is amended in the future. In view of the topographic constraints to be overcome to construct this roadway, an appropriate classification must be identified to provide sufficient but not excess capacity. However, this roadway was not evaluated in the TIA and no fume traffic projection was provided for Jefferson Street, between Avenue 58 and Avenue 62. Another critical issue the City has been struggling with for many years is the magnitude of future regional travel demands on Avenue 62, Monroe Street, and Madison Street associated with the South Valley Parkway Implementation Program. The TIA does not provide volumes on many of these streets that would be necessary to identify the future regional through -traffic volumes in this area. Based upon the projected peak hour traffic volumes at Intersection 37, regional through traffic utilizing Avenue 62 appears to be minimal. 28811 Woodcock Drive, Laguna Niguel, CA 92677-1330 Phone: (949)362-0020 E-Mail:endoengr@eox.net 42 Aug.27. 2012 4:10PM No.1353 P. 5 General Comments on the General Plan Update and DEIR 1. As shown in General Plan Exhibit IX-10, OR Exhibit 111-20, and Table 10 of the TIA, future traffic projections ate not provided for several General Plan roadway segments that am critical to the development of the Travertine Specific Plan. Future traffic projections are needed for. (1) Avenue 62, west of Madison Street; (2) Avenue 58, west of Madison Street; (3) Jefferson Street, north of Travertine; (4) Madison Street, north of Avenue 62; and (5) Avenue 60, west of Madison Street. Section 6.3 of the TiA (Page 52) indicates that the growth in raw LQTAM volumes between the yyeear 2009 and the year 2035 was added to the existiug 2A hour volumes from CVA(3 to obtain forecast year 2035 daily volumes. However, future traffic projections were not evaluated £or some General Plan roadway segments that were includedm the CVAQ "Traffic Cgruus Report". Z7or exanaplo, CVAG provided existing daily traffic count data for three segments along Airport Boulevard (oast of Madison Street, east of Momne Street, and east of Jackson Street). Future traffic projections Were not provided in the TIA for thane roadway segments. It can be seen from General Plan Exhibit I1-10, EIR Exhibit III-20, and Table 10 of the TIA, that numerous master planned roadway segments were not included in the CVAG "Traffic Census Report" and therefore have no future traffic projection. Without fauna traffic projections, the adequacy of the master planned roadway classifications for many General Plan roadway segments, particularly those in the developing areas of southeast IA Quints, cannot be verified. Future traffic projections are necessary for all of the General Plan roadway links to ensure that future traffic studies properly address General Plan buildout traffic conditions. Will year 2035 LQTAM dailyy traffic projections be made available to enable future traffic studies to evaluate General Plan buflilout traffic volumes? As a minimum, "imam, the raw LQTAM volumes for the year 2009 and the year 2035 should be provided for those roadway links where no count data was provided in the CVAG "Traffic Census Report". 2. In Appendix H of the DEIR, page 12 of the TIA refers readers to Appendix A for the traffic count data used in the traffic study. Appendix A of the TIA was not provided on the City website and should be made available for review. 3. In Appendix H of the DEIR, page 32 of the TIA references the %QTAM Model Documentation and Validation Report" (dated February, 2011) prepared by Iteris, Inc. This report is critical and should be provided on the City website or at a minimum made available upon request. Based upon the existing CVAG counts and the portion of the land in southeast La Quinta that has been developed to date, it appears that the future traffic projections along Madison Street are substantially higher than expected. The rationale for the additional future traffic is not provided in the TIA. Consequently, the calibration of tha model in this aces is of particular interest and should be reviewed. Specific Comments Related to the Travertine Spetyk Pion The'lravertine Specific Plan was oiiginaRy roved in 1994 with a total trip generation of 27,300 daily trips and included the development of 2700 dwelling units,10OPM square feet of retail, and a 500-room hotel. Access to the Travertine Specific Plan was planned via three streets, the primary access from Madison Street, and minor access from Avenue 62 and from Jefferson StoeeVAvenue 58. In 2008, a proposed amendment to the Travertine Specific Plan included 1 AM dwelling units and a 500-room hotel generating 17,390 daily trips. The amended proposal represented a 39 percent 2 43- - Aug.21. 2012 4:11PM No.1353 P. 6 decrease in dwelling units, and a 36 percent decrease in total trip generation. From a capacity perspective, the Travertine Specific Plan area could be served by two two-lane roadways, ox one 4- lane roadway. In view of the high cost of constructing off site roadway improvements to provido access to the pxnject site, it is critical that the access be appropriately sized. Therefore, the access stn is of Madison Sttee[, 7efferson Street, and Avenue 62 neaz fhe Travertine Specific Plan need to be earefrtlly evaluated w ensure that a sufficient, but not excessive capacity is provided. Madison Street 4. In Exhibit 5 of the TIA, the existing turning movement volumes for the intersection of Madison Street and Avenue 60 (Intersection 32) appear to be too high, unless the volumes represent primarily construction traffic. The six existing homes accessed via Avenue 60, west of Madison Street, should not generate 66 morning peak hour and 43 evening peak hour trips on this segment of Avenue 60. Furthermore, the primary traffic movement associated with these residents should be to/from the north, not to and from the east via Avenue 60. Traffic count data from 2008 that shows 18 vehicles in the morning peak hour and 6 vehicles in the evening peak hour on this leg of Avenue 60, Given the questionable existing traffic count data, the existing turning movements at this intersection should not be used as the basis to project the future taming movements. Doing so results in unrealistically high projections for Avenue 60, west of Madison Street. It also results in more northbound vehicles on Madison Street turning left into a relatively small low -density residential area via Avenue 60 than continuing northbound through the intersection toward the commercial and employment opportunities in the more developed portions of La Quiuta. 5. General Plan Exhibit II-2 and EIR Exhibit 111-18 incorrectly identify Avenue 62 as a modified 2-lane divided secondary arterial between Madison Street and Monroe Street. however, Figure 4 of the TIA correctly shows that Avenue 62, between Madison Street and Monroe Street, is a 2-law undivided Modified Collector Street. 6_ General Plan Exhibit H-2 and EIR Exhibit III-18 incorrectly identify Monroe Street, between Avenue 60 and Avenue 62, as a four -lane undivided Secondary Arterial. This segment of Monroe Street is currently classified as a Modified Secondary Arterial A (which is a two -late divided roadway with a lower capacity that a four -lane undivided roadway). 7. General Plan Exhibit II-2, EIR Exhibit III-18, and the TIA Figure 4 identify Madison Street, extending between Avenue 60 and Avenue 62 as a Modified Secondary Arterial A. However, all of the future base maps in the TIA incorrectly show a break in Madison Street where it crosses the dike, south of Avenue 60. The future base maps should show that Madison Street will be connected between Avenue 60 and Avenue 62. 8. TIA Figure 6 shows an existing bicycle route passing through the intersection of Madison Street and Avenue 62. The intersection of Madison Street and Avenue 62 does not currently exist. Therefore, a bicycle route through this intersection does not currently exist. On the City's website, the "City of La Quints. Bike Map" only extends south to Avenue 60. Therefore, it does not show an existing bike route extending through the intersection of Madison Street and Avenue 62. 9. General Plan Table 1I-12, EIR Table I11-48, and Table 10 of the TIA show Madison Street (between Avenue 54 and Airport Blvd.) witit a projected future traffic volutes of 47 529 vehicles per day. This future projection is much higher than expected, based on development trends and trip generation studies in this area. Since the land south of this point is neazly 50 percent developed and the CVAG pork season daily traffic count for Madison Street is currently less than 10,000 vehicles per Y. it appears unlikely that the General Plan buildout daily volume will exceed 30.000 ADT. 44 Aug.27. 2012 4:11PM No.1353 P. 7 The major specific plans in this area have been developing at approximately 50 percent of the densities permitted under the existing entitlements_ In addition, the trip generation studies of developments such as PC1A West and Trilogy have identified trip -generation rates consistent with age -restricted senior residential developments. The trip generation of residential developments in this area has been approximately 30 percent of the trip ggeneration rates associated with traditional single-family residential dwellings. Extensive traffic counts at the access points to PGA West have identified a trip generation rate that is 35 percent of the traditional single-family residential trip generation rate, oven though PGA West is not an age - restricted community. Was the trip generation assumed in the modeling for development in this area based upon the enttlemarm, census data, or the actual development that has occurred? How did the calibration run for existing development compare to the existing traffic volumes for Madison Street, between Avenue 54 and Airport Blvd? The calibration inn probably shows existing traffic projections much higher than the existi4 traffic count data. This would indicate that both the residential development intensities and trip -generation rates assumed for this area in the model were too high. 10. Figure 11 of the TIA shows year 2035 turning movement projections at the intersection of Madison Street and Avenue 60 (Intersection 32) that are not reasonable for this location. They indicate that approximately one-half of the northbound traffic on Madison Street turns west at Avenue 60. The northbound left -tam volume (from Madison Street onto Avenue 60) is projected to exceed the northbound through volume during the evening peak hours. At this intersection there should be very little traffic making a northbound left -arm movement since the west log of Avenue 60 only serves a very small low -density residential development area. 11 _ Figure 13 of the TIA shows enhanced intersection treatments at Intersection 32 required because the traffic volume assigned to Avenue 60, west of Madison Street, was unrealistically high. There is minimal development planned west of Madison Street (low -density residential uses) with access to Madison Street opposite Avenue 60. Furthermore. Avenue 60, west of Madison Street is constructed as a local street with 36 feet of pavement that would not accommodate the four lanes of through traffic and dual eastbound left -tam lanes shown in Figure 13. There is a large development planned west of the existing Andalusia development, but its future access to Madison Street is planned midway between Avenue 60 and Avenue 58, not at Avenue 60. 12. Page 40, 41, and 50 of the TIA, describe enhancedmrprovements recommended for Intersection 32 (Madison Street and Avenue 60). See Comment 10 and 11. This recommendation should be revised because the assumptions in the model for this intersection are not correct. Avenue 62 13. General Plan Table 11-12, EIR Table 1II48, and Table 10 of the TIA show a future volume of 9,624 vehicles pet day for Avenue 62, between Madison Street and Monroe Street. However, Figure I I shows that very little peak hour traffic is projected on Avenue 62, immediately west of Monroe Street (only 90 evening peak hour trips or approximately 1,100 daily trips). This seems to indicate that essentially all of the 9,62a veh-a 11 per day were assigned to Avenue 62 from adjacent future land uses located south of Avemme 62 and Gaveled west to Madison Sheet then north to Avenue 60. The Keck property is located south of Avenue 62 and west of Monroe Street. It is our understanding that future development plans for the Keck property included access primarily to Monroe Street, south of Avenue 62. Only minimal emergency access was planned from the Keck pprroo to Avenue 62, west of Monroe Street. The location Of the node connectors from the KeckProperty to Avenue 62 and/or Monroe Street were not 4 45 Aug. 27. 2012 4:11 PM No. 1353 P. 8 documented in the TIA or DEIR. However, a nodal connection should not be assumed between the Keck property and Avenue 62. 14. General Plan Table H-12, EIR Table I1148, and Table 10 of the TIA incorrectly identified Avenue 62, between Madison Street and Monroe Street, as a 4-I me Modified Collector with a daily capacity of 28 AOO vehicles per day, rather than a 2-lane Modified Collector with a daily capacity of 14,000 vehicles per day. If the traffic network in the model incorrectly assumed the speed for a four -lane roadway for Avenue 62, between Madison Street and Monroe Street, it would attract more future traffic than the correct two-lane Modified Collector designation resulting in a fintam volume projection that is unrealistically high. 15. Figure 11 of the TIA shows a morning plus evening peak hour volume for Intersection 37 (Monroe Street at Avenue 62) of 26 in the eastbound direction, and 3 in the westbound direction. How was this traffic distribution determined? The atypical directional split seems to imply that all vehicles are going eastbound on Avenue 62 past Monroe Street in the peak hours and essentially no vehicles return in the westbound direction on Avenue 62 in the peak hours. 16_ Figure 12 of the TIA shows the future lane geometries for Intersection 37 (Monroe Street at Avenue 62) with two westbound through approach lanes opposite a single westbound exit lane on Avenue 62 serving a peak hour westbound through volume of only 3 vehicles per hour. As a Modified Collector, Avenue 62 will only provide one through lane in each direction between Monroe Street and Madison Street. 17. Figure 12 and 13 of the TIA show that Intersection 37 (Monroe Street at Avenue 62) will have a traffic signal in the future, but the volumes shown on Figure 11 for intersection 37 would not meet traffic signal warrants. The westbound right -turn volume should not be included as part of the westbound approach volume because of the recommendation for an exclusive westbound right -turn lane and the right -turn movement does not conflict with the large southbound left -cum movement. 18. The mitigation assumed for Intersection 37 was not appropriate to mitigate the impact at this intersection. Table 8 of the TIA shows Intersection 37 operating at LO5 B during the evening peak hour. Footnote 3 states that signalization of the existing lanes was assumed for this intersection_ This footnote is not correct because the text referencing Table 8 states that the analysis is based upon the future lane configurations shown in Figure 11 and the future �ach lanes in Figure 11 are not the same as the existing approach lanes at Intersection 37. signals would not be installed because signal warrants are not met by these volumes. Jefferson Street 19. The TIA did not provide any future traffic projections or level of service analysis for Jefferson Street between Avenue 58 and Avenue 62 (at Madison Street). In order to understand how the TIA addresses future development in the Travertine Specific Plan area, it is critical to at least provide year 2035 traffic volumes and identify the trip generation assumed for Section 5 and the surrounding development areas. Other Comments 20. As discussed in Comment 13, the LQTAM appears to project approximately 9A00 daily trips on Avenue 62 generated by the future development of the Keck property (located south of Avenue 62 between the dike and Monroe Street). Based upon the LQTAM projections, future traffic will access the Keck property by crossing the dike and using Madison Street to Navel to/from the north. If this is the case, the fudrre traffic generated by the development of the Keck property would comprise a sizeable portion of the traffic utilizing the future Avenue 62 crossing 10. Aug. 27. 2012 4:11 PM No.1353 P. 4 of the dike as well as the future bridge needed to extend Madison Street from Avenue 60 to Avenue 62. Consequently, the developers of the Keck pro erty would be responsible for ppaying their feir-share percentage of the construction of the d crossing and the extension of Madison Street. It was our understanding that plans for the Keck property take access primarily from Monroe Street (south of Avenue 62). The last Keck property plans that we saw did not have an access designed to take advantage of future roadway improvements to Avenue 62 and Madison Street on the west side of the dike. If the Keck Property takes access primarily from Monroe Street and only takes emergency access to Avenue 62, the traffic assignment to Avenue 62 and Madison Street should be eliminated in the model. This may also reduce the problematic traffic volume on Madison Street; south of Avenue 54, but may increase the demand on Monroe Street, north of Avenue 62. 21. The documentation provides no way to detemnine the trip generation assumed for the Travertine Specific Plan or the'surrounding land uses located south of Avenue SS and west of Monroe Street. Without this information, the Travertine development cannot verify that the modeled trip generation for this area is consistent with current development plans. We appreciate the opportunity to comment on the La Quinta General Plan Update TEA and DEAL. Since thew documents will be critical in properly evaluating the future traffic r'mpacts associated with the Travertine Specific Plan, it is vital that the information presented in the (}eacral plan be correct and accurately reflect the future developments. Obtaining a clear understanding of the LQTAM will enable us to accurately identify the ararlation needs of the Travertine Specific Plan as well as the needs of cumulative developments and regional through traffic. ENDOENOOaM MO Gre Prmcrpal . _47___ µMar r' STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. GOVERNOR ;6 August 28, 2012 Andrew Mogensen City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Subject: General Plan Update SCH#: 2010111094 Dear Andrew Mogensen: AUG g 12012 CITY The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on August 27, 2012, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents; pursuant to the California Environmental Q=hty Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, S organ Director, State, Clearinghouse Enclosures cc: Resources Agency 1400 loth Street P.O. Box 3044 Sacramento, California 95812-3044 48 (916) 445-0613 FAX (916) 323.3018 www.opr.ca.gov --------------—------�Q�stmenLP_etails Rensfr�.--------------___ State Clearinghouse Data Base SCH# 2010111094 Project Title General Plan Update _ Lead Agency La Quints, City of Type EIR .Draft EIR Description Update of the La Quinta General Plan, to encompass all mandated Elements, and add a Sustainable Community and an Economic Development Element, The Update will include modifications to the Land Use Map, but will not significantly change land use patterns in the City. The Update also Includes planning and land use designations for the City's Sphere of Influence. A Greenhouse Gas Reduction Plan is also being proposed, in conjunction with the General Plan. Lead Agency Contact Name Andrew Mogensen Agency City of La Quinta Phone (760)777-7126 Fax emall Address P.O. Box 1504 City La Quinta State CA Zip 92253 Project Location County Riverside City La Quinta Region Lat/Long 33°6.63"Nl116°31`0"W Cross Streets City-wide Parcel No. Township Range Section Base Proximity to: Highways Hwy I I I Airports Jacqueline Cochran Railways Waterways Coachella Valley Stormwater Channel Schools Land Use Project Issues Agricultural Land; Air Quality; Archaeologic -Historic; Biological Resources; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Minerals; Noise; PopulationMousing Balance; Public Services; Recreation/Parks Schools/Universities; Septic System; Sewer Capacity; Soil Eroslon/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Growth Inducing; Landuse Reviewing Resources Agency; Department of Fish and Game, Region 6; Cal Fire; Office of Historic Preservation; Agencies Department of Parks and Recreation; Department of Water Resources; Office of Emergency Management Agency, California; California Highway Patrol; Caltrans, District 8; Department of Housing and Community Development; Air Resources Board, Transportation Projects; Regional Water Quality Control Board, Region 7; Native American Heritage Commission; Public Utilities Commission; Coachella Valley Mountains Conservancy Date Received 07/1212012 Start of Review 07/12/2012 End of Review 08/27/2012 Note: Blanks in data fields result from, insufficient Information provided by lead agency. Co of Riverside EPD Fex:951-955-1811 Aut 27 2012 16:42 P.02 RIVERi .Q ,A t� TY I PLC z� P,fl,► ftwoor, Mel lo,randum . DATE: AA 27, 2012 TO: City La Quints PI ning Depa ant FROM: Rive rsjda County Ph inning Depa r ient RE: City a I Le Quints G eneral Plan J p0ate Dear City of La Q Ants, Thank you for the opportunity tc The County of Riirerside has to review the � " n notice t.13 s General Plan Update and associated E a significant portion of unincorporated OWerslde R. County is included within t}te Sphere of Influence c f the City of La Quinta, namely the �ista Santa Rasa Community to this east of the C1 ty of Le Quirt The Vista Santa Rosa commun Initiated by Qou'rr�y4.•ry" staff, the community y has been) c subject of an intensive and collaborative ncils within this area, and other stakelrol lannino effort ere engaged within the 4ommtdty. i The Vista Santa I�2osa Design in ,tanuorx 2()09 after cgmple uidelines w ion of this adopted by the Ftiverside County Board' adopted effort and are available at fbe f Supjrvisors followirig link: The Courtly of Rlverelde rer Vista Santa Rosa community. Into the Cily's updated Gene Please feel free ;to contact Stnoarely, XC: Carolyn Frank C a that cc reference Ian and a with any Director REAI i f consideration of the comprehensive identity for the detailed within the Design Guldelines, lip incorporated >r associated planning documents. ions or concerns at (951) 955.684� Ir via email at RlversMe Otfl• 4080 Lemon t,12th FI Desert Office • 38888 El Cerrito l�oed P.O.9ox 1 Riverside, Cat mia 925024 Paim omit, CalUomla 92211 (951) 00 • FM (9 ) g56.1811 ' • (760) 063-WM • Fax (780) M3d666 PlsnNnq. Forme... PreservingOur PasN I 1 r: 50 ATTACHMENT 6 Mrs. Neeta Quinn La Quanta, CA 92263 (760) 772-3630 cnquinn@aol.com August 27, 2012 Andrew J. Mogensen, AICP Principle Planner City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 RE: 2035 LA QUINTA GENERAL PLAN UPDATE Dear Mr. Mogensen: SEA X4 :" ci�yci;,_ vrctiw.a Planning DepcyMnnt My husband and I wish to present to you our written opposition to the recently announced 2035 La Quinta General Plan update. We are aware that this"sustainable" plan is part and parcel of the United Nations Agenda 21, which President George H.W. Bush signed in 1992, at the Earth Summit, on behalf of the United States. Since Agenda 21 was "soft laud' and not a treaty, Congress had no role to perform. In 1993, President Clinton signed Executive Order #12852, creating, and advancing, the President's Council on Sustainable Development (PCSD). The federal government gave more than $5 million to the American Planning Association to write "Growing Smart: Legislative Guidebook," aka "Sustainable America," in order to bring UN Agenda 21 to the United States. The cabinet agencies of the Executive Branch of government were charged with implementing this "global to local program," advancing Agenda 21/Sustainable Development policy in the U.S. Smart Growth was the result, taking root and now exerting increasing influence in communities across America. In 2011, President Obama implemented Executive Order #13575, which established the White House Rural Council, initiating Sustainable Development for the rural areas. Were you aware of this? Because other cities are opting out, I presume we are not required by any law to enact or follow this Agenda. We do not need our city council, public servants, to plan our lives; planning whether we live in stacked or packed housing, or deciding whether we drive a car or ride a bike. It is our choice, not the city council or planning department's "plan" deciding what type of "healthy" lifestyle we shall have. We do not want to conform to the views and dictates of Planners. We, as individuals, do not want to take a back seat to the collective, in the process of implementing Sustainable Development. 51 PAGE TWO La Quinta General Plan Agenda 21 La Quinta can opt -out of this. As stated before, other cities have ... to name a few in California: Alameda, Carson, Danville, Eureka, Hawthorne, Inglewood, Lake Elsinore, Lawndale, Manhattan Beach, Palos Verdes Estates, Rancho Cucamonga, Sacramento, San Rafael, Stockton, and Temecula. Other cities across this country from Alaska to the Mid -West, to Tennessee, to Washington, are saying no to this insidious infiltration into the American way of life. We cannot allow the government to take control of all land use, to lower our standard. of living, or allow our cities to be remade by redevelopment We cannot allow our freedom of choice to be taken from us, nor our right to own private property. We shall decide where we live. We shall decide what, where, and when we drive. We shall decide when we want to ride a bike. We do not need the council or unelected planners engineering or planning a "healthy frfestyle." Sustainable Development is restructuring our lives and is targeting our children through an educational regime: It calls for the need to "enlist and empower children and youth in reaching for sustainability." It expressly calls for the elimination of private property and the freedom that private property supports. We are afraid it could cause irreparable harm to our economy and our society. by the "implementation of your economic growth for social stability' presenting a dimming future for us and our posterity, taking away our individual freedom of choice. Please understand your role in the community, as a• public servant, is to administer government in a manner that protects individual liberty. We are Americans first, and the government ?—it Is "of the Peoplel" People who can say yes or no —who can be Americans first, and choose to do the right thing. It has long been known that liberty is tied to the institution of private property. "Private property and freedom. are inseparable." ---George Washington You cannot allow the United Nations, or ICLEI, to instruct you on how to control our growth and development. it is none of their business. This General Plan must not be implemented, and the City of La Quinta must opt -out of Agenda 21/Sustainable Development. You can choose to do the right thing. Do your own.homework. and research and you will see the truth. 1 52 PAGE THREE La Quinta General Plan Agenda 21 Attached is a flyer that we will be distributing to our local residents and businesses. We, the citizenry, have been asleep, unaware of the damage that is being done to our country and our cities, by our elected representatives who were entrusted to protect our rights. We are awake now, and will take an active role in our community to stop this Agenda that violates our constitutional rights. We will also inform our neighboring cities and towns as well. Most Sincerely, Neeta Quinn Encl. cc: City of La Quinta Mayor Don Adolph Council Members: Kristy Franklin, Terry Henderson, Linda Evans, Lee Osborne Briannestande.com greg/burton@thedesertsun.com gseverson@jm.com Nicole.brambila@thedesertsun.com devineboetto@yahoo.com Lincolnclubcv.com Palm Springs Patriots Coalition East Valley Republican Women Concerned Citizens of La Quinta CV Young Republicans hanraport@verizon.net LawrencePonce84@gmail.com Robert@integraladv.com RSylk77@aol.com Fspevacek@la-quinta.org dianeadolph@aol.com David Wilson/ 943knews.com 53 IMPORTANT INFORMATION YOU DID NOT KNOW LA QUINTA'S 2036 GENERAL PLAN FOLLOWS THE GUIDELINES OF THE UNITED NATIONS SUSTAINABLE DEVELOPMENT ACTION PLAN —KNOWN' AS U.N. AGENDA FOR THE 218r CENTURY. NOTE: THIS IS NOT STATE -MANDATED. On page 11-134 of the La Quints 2036 General Plan, "Sustainable Community," the pianners/wrkers quote the United Nations definition of sustalnability as... 'left opmeM that meets the needs of the present without compromising the ability of future peneradons to meet their own needs " However, they did not tail you that quote Is from a 1987'UN report entitled "Our Common Future;' by Chalmman Gro Harlem Brundtland, former Director -General of the World Health Organization, and! Vice President of the World Socialist Party. Using the framework provided by the Brundtland Commission, the United Nations is seeking to have Implemented in your local town or city Its agenda —Agenda 21. (Reference Link: Seepage 3 et www.entomtagedghtcom/amhieve/artickWI100commonlsm.htm) • Continuing on page 11434, it states... "There are three primary contributors to sustainable development the economy, the environment, and the." Actually "equity" Is the term used in the text, not People. "Equity" means to restructure human nature and to enforce that restructure by shining our system of Justice from one that adheres to the principle of equal justice and unalienable rights to one that Implements the concept of "social lustice." Harvey Ruvin, Vice Chair of ICLEI, has said that "individual rights will have to take a back seat to the collective" In the process of implementing Sustainable Development. (see www.freNtoma&mea es.org —Undwstenwng Sustainable Development Agenda 21) • Quoting Maurice Strong, Secretary General of the 1992 Rio Earth Summit... "Current lifestyles and consumption patterns of the affluent middle class, involving high meat Intake, use of fossil fuels, appliances, home and work air conditioning, and suburban housing are "NOT SUSTAINABLE." At this Summit, Agenda 21 was signed by then President George H.W. Bush, along with 178 other world leaders. • Sustainable Development is the UN's Agenda 21 program for global control and restriction over your daily life, Including your private property, Individual rights, and civil liberties. For detailed documentation regarding the "real' General Plan for La Quints and other cities and towns across America, refer to the below websnes. Please do your own homework and research. www.fnwdornadvocates.org www.DemocratsAgainstUNAgenda.com www.lightonthedesertorg Because Agenda 21 represented son law and not an actual binding treaty (i.e. hard law), it did not require the ratification of the U.S. Senate or approval from Congress, instead It was Implemented by President Bill Clinton in 1993, wherein he signed Executive Order 012852, creating and advancing the President's Council on Sustainable Development (PCSD). The federal government gave more than $5 million to the American Planning Association to writ®' "Growing Smart: Legislative Guidebook," aka "Sustainable America" to bring UN Agenda 21 to the United States. Smart Growth was the result, now taking root and exerting Increasing Influence in our towns and cures . across America. 54 _i Monika Radeva From: Dick Storbo <dstorbo@yahoo.com> Sent: Thursday, July 12. 2012 4:39 PM To: Planning WebMail Subject: General plan 2035 comments To whom it may concern. Thank you for the workshop on 7/11. It was great to talk to the planning staff who worked so hard on this plan. I discussed several ideas during the workshop and was encouraged to write them down and email them to you. First of all I wanted to congratulate the city on some big successes this past year: 1. The increased police patrols in the cove and the reduced crime statistics. 2. The abandoned house rehab and resale/rent to low income residents program. This program is a great example of out -of -the -box thinking that solves several problems at once. 3. The fitness center I know that money is tight but please try to keep these programs going as they benefit so many, and are a wise investment in the city's quality of life. GOALS The following are some ideas that I believe should be part of the cities master plan goals: 1. Reduce sprawl 2. Reduce car traffic and encourage alternative means of transportation. 3. Create a downtown identity for future development in Old Town. (Some of these may be partially addressed by the proposed mixed use zoning change, but may not go far enough) IDEAS 1. Create an architectural zone in the Old Town area that establishes unified colors, materials, and style consistent with the existing Old Town and La Quinta resort for all new or renovated buildings. This would solidify the image of La Quinta architectural and give visitors a visual indicator that they have arrived in downtown La Quinta, instead of the current image of a sprawling town with no center. 2. Convert the Old Town main street to a pedestrian mall that can be connected to the Civic center campus, Fritz Burns and LQ Community Park via pedestrian parkways. In this way pedestrian -friendly circulation can be the secondary signature element of downtown La Quinta. 3. Advocate for evening farmers' market once a month in Old Town with outdoor eating and music, especially when the weather starts getting hot. 4. Add speed bumps on the loop around the LQ Community Park to reduce car speeds. This loop has become a short cut for many drivers who speed through the area. 5. Make walking, bicycle and golf cart paths safer. 55 a. Reduce speed limits for traffic next to paths, or create striped buffer zones on certain streets, or separated paths from the street. b. provide street paths with no parking on one side of the main east west streets in the Cove. Such as Montezuma and Sinaloa. This would narrow the streets and slow traffic. c. Provide curb bulbs and shelters at bus stops, instead of forcing bus patrons to stand In people's yards waiting for a bus in the Cove. I 6. Provide community garden space with watecon abandoned homes that need to be torn down. Rent plots at nominal cost to local residents. 7. Fritz Burn pool is under-utilized. Find ways of keeping it open year'round by partnering with NGO's. 8. Building Code ideas: a. Provide incentives for commercial and residential new and retro-fit of energy and water conservation. b. Adopt universal accessibility standards for new residential construction (e.g. accessible entries, backing for grab bars in bathrooms, and wider doorways). c. Adopt landscape standards with xeriscaping, native and drought resistance, and minimal lawns. d. Revise rooftop equipment and solar panel standards as part of the city's green initiative. --- Eliminate visibility restrictions and height limits. --- Allow residential wind generators. Thanks for letting me share my thoughts. My wife and I really love living here and want to Quinta to be the best it can be. Regards, Dick Storbo 56. From: Les Johnson Sent: Tuesday, August 14, 2012 8:49 AM To: 'Roos, Marv' Cc: David Sawyer; Andy Mogensen; John Criste ocriste@terranovaplanning.com); Nicole Criste Subject: RE: 1901--Avenue 62 Status Marvin, In reviewing the Draft General Plan in comparison to what I previously identified to you regarding Avenue 62 between Madison and Monroe Street, I found the following: • The Draft General Plan identifies a Modified Secondary Arterial (see Exhibit II-3, Page II-44), which is a two lane roadway with a 14' wide median and an 8' shoulder to accommodate bicyclists and golf carts/NEV's. • The Draft GP Modified Secondary Arterial applies not only to this roadway segment but also to Jefferson extended and Madison south of Avenue 60, thus "standardizing" the roadway network serving the Travertine area. This was also done in an effort to minimize the number of street cross sections identified in the GP. That being said, it was not our intention to increase the ROW width for the subject roadway segment of Avenue 62 by 10 feet. • The Draft GP provides a general description of all major roads, including Avenue 62 (see Page H- 77). In light of your inquiry and the discovery that this road segment is not accurately represented in the Draft GP, we will be proposing additional language to the roadway .description identifying a reduced ROW width to a maximum of 74' for Avenue 62 between Madison and Monroe Streets. • 1 also wanted to point out to you a new policy being introduced in the Draft GP that will allow the Public Works Director to permit modifications to roadway design standards and specifications, which would further strengthen the subject roadway segment being a 74' ROW. Please refer to Circulation Policy CIR-1.4 on Page II-119. • the potential for Avenue 62 west of Trilogy being minimized to an EVA is still a viable option for future consideration, which is predicated upon what the land plan actually ends up being for the land within the Travertine and Section 5 areas. In conclusion, I want to assure you that our intent is to maintain the ROW for this roadway segment at a maximum of 74' and that we will be introducing language to clarify this matter. If you should have any questions or would like to discuss further, please give me a call. Thanks, Marvin. Les Johnson Planning Director City of La Quinta (760) 777-7071 On Aug 10, 2012, at 6:42 PM, "Roos, Marv" <MRoosnu msaconsultinginc.com> wrote: In reviewing the current GP update online, it appears that Avenue 62 is now being shown as an 84' right of way with 4 lanes west of Monroe. Is that accurate or am I reading it incorrectly? Marvin D. Roos Director of Design Development MSA Consulting, Inc. 57 From: Les Johnson [mailto•Lj-ohn5on@la-quints oral Sent: Monday, October 25, 2010 4:59 PM To: Roos, Mary Subject: RE: 1901--Avenue 62 Status Marvin, Attached are the two exhibits from the GPA ROW +. A footnote was also added to allow for consideration of an even narrower road and ROW, if necessary. This was added to allow some design flexibility with the dike crossing in an effort to minimize impact upon Mr. Keck's property. We do not anticipate any additional public meetings regarding Avenue 62 unless it is associated with the Travertine project. Regarding Jefferson Street, we are expecting it to be constructed in accordance with the General Plan. Ulrich recently shared with us new hydrology information that identifies the potential for significant _ drainage/debris flow at the north end of the Travertine site. This could result in a costly all-weather road design which has resulted in Hoffman Land Co. exploring other access, options. It is my understanding that the latest hydrology information is under review and has not been accepted by CVWD or the City. To date, we have not received any information from Hoffman Land Co. requesting reconsideration of Jefferson or Madison. Hoffman, Land Co. has previously discussed at length with staff the potential of Avenue 62 being reduced in width and limited to non -motorized and emergency vehicle access from the easterly dike approach west. As I believe you are already aware, the Fire Department wants to see, at minimum, Avenue 62 constructed as an EVA connection over the dike in order to provide emergency services access to the Travertine project. I hope this information is of assistance. Please let me know if you should have any questions and/or would like to discuss. Les Johnson Planning Director City of La Quints (760)777-7071 M // / rL Andrew J. Mogensen I Principal Planner AUb 27 2012 City of La Quinta P.O. Box 1504 CITY OF LA OUINTA �l cNNwr n—ADTPWRI- La Quinta, California 92247 August 23, 2012 Dear Mr. Mogensen: I am writing to voice my opposition to the General Plan Update that has been proposed for the City of La Quinta. I have owned a home in La Quinta since 1988 when City Hall was no more than a temporary building and La Quinta itself, other than the La Quinta Country Club, La Quinta Hotel and PGA West, was merely a smattering of temporary homes, lots with trailers parked on them and only a scattering of well maintained residences. However, new construction was in progress throughout the City and new projects like Lake La Quinta, Rancho La Quinta, and Traditions as well as other residential and commercial developments were on the drawing boards. Combined, they promised to increase property values and transform La Quinta into a desirable community for all. In other words, the saying, The Gem Of The Desert was truly the goal of the Planning Commission back then. After reading La Quinta's newly proposed General Plan, it didn't take me long to won- der why there has been such a shift in goals. It sounds like we are striving to be an extension of Indio. I suggest you look to the communities to the west of La Quinta and mimic their develop- ment rather than what appears to be no more than a rubber stamp of the UN Agenda 21. Terms such as sustainable development and smart growth are socialist terms and lead to paths that have turned most European Capitols into the decayed disasters they are today. I'm sure you aware that Agenda 21 is not a law. It is merely a series of suggestions that do not have to be adopted. Many cities throughout California and the country who desire legitimate improvement and elevated property values for their communities have opted out. It is not too late to add the City of La Quinta to that growing list and I urge you to do so. La Quinta has become the envy of the other desert communities. Let's put together a plan that will keep it La Quinta The Gem Of The Desert for generations to come. I will be happy to provide further input and/or answer any questions you may have re- garding my concerns. I can be contacted at the phone number printed at the bottom of the page. Thank you for your time and consideration.. Sincerely: Michael L. Bailardo P.O. BOX 1392 - LA QUINTA, CALIFORNIA 92247-1392 - (760) 564-6730 6161 PH#B STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 11, 2012 CASE NO: VILLAGE USE PERMIT (VUP) 2012-046 REQUEST: CONSIDERATION OF A VILLAGE USE PERMIT FOR THE EXPANSION OF AN EXISTING STORAGE BUILDING AT LAVENDER BISTRO (ATTACHMENTS 1 and 2) LOCATION: 78-073 CALLE BARCELONA — LAVENDER BISTRO APPLICANT: MICHEL DESPRAS — LAVENDER BISTRO PROPERTY OWNER: MICHEL DESPRAS ARCHITECT: MICHAEL SWARTZ ENVIRONMENTAL REVIEW: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THIS IS AN IN -FILL PROJECT SURROUNDED BY URBAN SERVICES AND EXISTING IMPROVEMENTS ZONING: VILLAGE COMMERCIAL (VC) GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL (VC) SURROUNDING ZONING/LAND USE: NORTH: VILLAGE COMMERCIAL (VC) SOUTH: VILLAGE COMMERCIAL (VC) EAST: VILLAGE COMMERCIAL (VC) WEST: COVE RESIDENTIAL (RC) BACKGROUND The Lavender Bistro restaurant has been in operation at the current site since 2008. The site includes indoor and outdoor restaurant seating, kitchen, bar, a storage building, VUP 2012-046 Planning Commission Staff Report 09/11/12 Page 1 of 3 and two separate parking areas for customers and staff. The site was originally improved in 1949 as a single -story building for restaurant use. City records indicate that the site has always operated under a restaurant use. PROPOSAL The applicant has submitted a Village Use Permit for the expansion of the existing storage building, located along the site's southern property line. The applicant has proposed to expand the existing storage building by approximately 900 square feet (28' x 321. The storage building expansion will include improvements to match the existing architectural elements prevalent at the site, including roof pitch, roof material, paint and stucco (Attachment 2). ANALYSIS Per Section 9.200.090 of the L.Q.M.C., building expansions exceeding 10% of the originally approved building require approval of a Village Use Permit. The storage building expansion will increase the site's building square footage by 900 square feet or 16% over the existing building square footage. The proposed storage building expansion is approximately 900 square feet; three times the size of the existing storage building. The expansion of the storage building meets all development standards, including property setbacks and height restrictions, for the Village Commercial zoning district. In addition, the expansion will architecturally match the existing storage building and restaurant, including roof pitch, roof materials, and paint and stucco. The storage building will expand over an existing dirt pad adjacent to the existing storage building (Attachment 3). The pad will be converted into building space and will receive additional landscape improvements that both enhance the site and screen the building. The conversion of the pad into building space and landscape will decrease the potential for dust control issues during the windy season. The expansion does not increase the number of seats available at the restaurant and has no impact to the existing parking demand at the site. The Planning Department determined that, due to the size of the building and architectural consistency with the existing building, review by the City's Architectural Landscape Review Committee (ALRC) was not necessary. ENVIRONMENTAL REVIEW The La Quinta Planning Department has determined that this proposal is categorically exempt from environmental review pursuant to provisions of section 15332 (Class 32) 3 VUP 2012-046 Planning Commission Staff Report 09/11/12 Page 2 of 3 of the California Environmental Quality Act (CEQA), in that this is an in -fill project surrounded by urban services and existing improvements. PUBLIC NOTICE AND COMMENT This public hearing was advertised in the Desert Sun newspaper on August 30, 2012. 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 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 Village Use Permit can be made and are contained in the attached resolution. RECOMMENDATION Adopt Planning Commission Resolution 2012-_ approving VUP 2012-046, based upon the Findings contained therein and subject to the attached Conditions of Approval. Prepared by: V ERIC CEJ Assistant Planner ATTACHMENTS 1. Application 2. Plan Set 3. Site Photographs 41 VUP 2012-046 Planning Commission Staff Report 09/11/12 Page 3 of 3 PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VILLAGE USE PERMIT FOR THE EXPANSION OF AN EXISTING STORAGE BUILDING AT LAVENDER BISTRO CASE NO: VILLAGE USE PERMIT 2012-046 APPLICANT: MICHEL DESPRAS, LAVENDER BISTRO WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 1 1 `h day of September, 2012, hold a duly -noticed Public Hearing to consider a request by Michel Despras, Lavender Bistro, for approval of architectural and site plans for the expansion of an existing storage building located at the Lavender Bistro restaurant site, located at 78-073 Calle Barcelona, more particularly described as: APN 770-182-002 WHEREAS, said Village Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed this project in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The La Quinta Planning Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that this is an in -fill project surrounded by urban services and existing improvements; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Village Use Permit: 1. Consistency with the General Plan - The proposed Village Use Permit 2012-046 is consistent with the La Quinta General Plan, as it proposes a building. expansion for an existing use that is consistent with the General Plan designation for VC (Village Commercial) development. 2. Consistency with the Zoning Code- The proposed Village Use Permit is consistent with the requirements of the La Quinta Zoning Code, in that the building expansion will support existing uses consistent with those permitted in the Village Commercial district, and meets the standards of this district. 4 Planning Commission Resolution 2012- Village Use Permit 2012-046 Lavender Bistro September 11, 2012 3. Compliance with the California Environmental Quality Act (CEQA) - The proposed Village Use Permit complies with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-63), insofar as it has been determined that the project is exempt from CEQA review under Section 15332, Infill Development. 4. Architectural Design - The architectural design aspects of the proposed building expansion are consistent with the existing architectural design aspects at the site. 5. Site Design - The site design aspects of the proposed building expansion, as conditioned, will be compatible with, and not detrimental to, the surrounding area and existing building, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other related site design elements such as scale, mass, and appearance. 6. Health and Safety - Approval of the proposed Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare, nor injurious to or incompatible with other properties or land uses in the vicinity, insofar as adjacent properties are in the Village Commercial district. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; and 2. That the Planning Commission does hereby approve Village Use Permit 2012-046, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 11th day of September, 2012 by the following vote, to wit: 5 Planning Commission Resolution 2012- Village Use Permit 2012-046 Lavender Bistro September 11, 2012 AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California N PLANNING COMMISSION RESOLUTION 2012- VILLAGE USE PERMIT 2012-046 CONDITIONS OF APPROVAL - RECOMMENDED September 11, 2012 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense council. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. , 2. This permit shall expire on September 11, 2014, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain applicable permits and/or clearances from the following agencies, if applicable or required: • Riverside County Fire Marshall • Public Works Department (Grading Permit, Improvement Permit) • Planning Department • Riverside County Environmental Health Department The applicant is responsible for all requirements of the permits or clearances from the above listed agencies and departments. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 4. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). PLANNING COMMISSION RESOLUTION 2012- VILLAGE USE PERMIT 2012-046 CONDITIONS OF APPROVAL - RECOMMENDED September 11, 2012 5. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Commercial Building and Precise Grading Plan (as required by the Building and Safety Department) 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 6. Upon completion of construction, and prior to record drawing submittal of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing Record Drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed installation. 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. Pursuant to this condition, the applicant shall comply with the applicable lease agreements entered upon with the City of La Quinta. 8 PLANNING COMMISSION RESOLUTION 2012- VILLAGE USE PERMIT 2012-046 CONDITIONS OF APPROVAL - RECOMMENDED September 11, 2012. UTILITIES 8. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). PARKING/ACCESS POINTS 9. The applicant shall protect existing hardscape along the proposed storage building expansion area to include but not limited to garden walls, landscaping; irrigation systems, curb and gutter, sidewalk and pavement. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. MAINTENANCE 10. The applicant shall comply with the provisions of LQMC Section 13.24.160, and shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from its responsibility by the appropriate public agency. FEE AND DEPOSITS 11. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. PLANNING 12. No outdoor lighting is approved as part of this permit. 13. The storage building expansion shall not exceed 900 square feet in area and shall be developed to the east of the existing storage building. The expansion shall conform to the approved plans on file with this application. 14. The storage building shall match the roof -pitch and roof materials of the existing storage building. The expansion shall be stucco and painted to match the existing building. 9 PLANNING COMMISSION RESOLUTION 2012- VILLAGE USE PERMIT 2012-046 CONDITIONS OF APPROVAL - RECOMMENDED September 11, 2012 15. The applicant shall submit a final landscape plan for approval by the Planning Department for the area around the storage building expansion. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Final landscape plans for on -site plantings shall be approved by the Planning Director prior to final of the building permit. FIRE DEPARTMENT 16. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 17. No fire -lanes, fire hydrants or any other Fire Department appliances/equipment shall be blocked or obstructed. 10 ATTACHMENT # 1 I City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 PHONE:760.777.7125 FAX:760.777.1233 Office Use Onl Case Number 30-Day Accepted Assigned Deadline By To 17- -0 4 1 1 1�6- Notes: VILLAGE USE PERMIT APPLICATION SECTION A PROJECT INFORMATION Project name: Project description: APN #(s): `1--1 6 — 1167, — 00" L--3 JUJ 4 Planning Deportment f' Village Use Permit Application Paged of14 City of La Quints - Planning Department - 760.777.7125 08/11/09 PApplimbon Submittal Forms1App11ca8onslWPIVUP applica8on - 08.03.09.doc 11 Is any portion of the project located in the CVMSHCP Santa Rosa and Santa Jacinto Conservation Area: Y N (Information to be obtained from the Planning Department or the Coachella Valley Association of Governments website at http://www.cvmshco.omIPlan Maos New htm - Figure 4-260. Related cases: SECTION B — STATEMENT OF OPERATIONS The purpose of this formis to provide a detailed statement outlining the day-to-day operation of the proposed project. Any approval related to this application will be based on the information provided and will therefore be subject to the continued operation of the proposed project consistent with the information provided. Please be aware that any activities beyond those described here may result in the need to amend your use permit in the future, thus it is encouraged that the information provided be based on the ultimate operation level of the proposed use. Description of proposed use: Hours of operation:' Number of employees List any other local, state or federal licenses or permits required: N 6W�- Types of equipment and processes used: ,�)uRlk-kr bkjL' — 5F,� 060 f Describe any hazardous materials used, stored, or produced on -site: Nbli Describe any other special characteristics specific to the proposed use: N 4 Village Use Permit Application Page 2 of 14 City of La Quinta • Planning Department • 760.777.7125 08/11/09 P:1Applloatlon Submittal FomislAppliwbona\VUPIVUP application - 09.03.09.doc 12 SECTION C - APPLICANT/OWNER INFORMATION Applicant: Owner(s): Architect: Applicant Certification Lnt a4 r Msw t.tiTL 34°I Q G M K'% L , Co �y ✓STAuPI°143 &G-MhiL—,C6M I certify that I have read this application packet in its entirety and understand the City's submittal and review process and the requirements for this application. I further certify that each application item submitted as part of this application is consistent with the minimum required contents for that item as described in Section D of this application. I understand and agree that if during the processing of the application, it is determined the information does not strictly meet such standards or contains errors or omissions, c/arillcation and/or supplemental information may be required and the preparation of such Information may be considered, in the Planning Director's judgment, an unreasonable delay and will result in a suspension of processing time limits in accordance with the California Code of Regulations, Title 14, Section 15109. Applicant's Signature: Print Name: Owner Certification Z- I certify under the penalty of the laws of the State of California that i am the property owner of the property that Is the subject matter of this application and / am authorizing and hereby do consent to the tiling of this application and acknowledge that the final approval by the City of La Quinta, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/Authorized Agent Print Name(s): s 'An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Any off -site work identified on the plans must be accompanied by a statement of authorization with a notarized signature of the subject property owner. Village Use Permit Application Page 3 of 14 City of La Quints - Planning Department - 760,777.7125 08/11/09 PAWppllcation Submittal Fo MpplicationslVUPwUP application • 08.03.09.doc 13 PH#C PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 11, 2012 CASE NO.: CONDITIONAL USE PERMIT 2012-144 APPLICANT: LMLQ PROPERTIES, LLC REQUEST: CONSIDERATION OF AN AMENDMENT TO A CONDITIONAL USE PERMIT TO EXPANDED OPERATIONS AND ALLOW FOR ADDITIONAL SEATING AT AN EXISTING RESTAURANT LOCATION LOCATION: 47-474 CALEO BAY DRIVE - NORTHEAST CORNER OF WASHINGTON STREET AND LAKE LA QUINTA DRIVE (ATTACHMENT 1) GENERAL PLAN/ ZONING DESIGNATIONS: COMMUNITY COMMERCIAL (CC) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS CONDITIONAL USE PERMIT HAS BEEN ASSESSED AS PART OF AN ENVIRONMENTAL ASSESSMENT (EA 2001- 412), AND CERTIFIED BY THE LA QUINTA CITY COUNCIL ON APRIL 3, 2001. THE PLANNING DEPARTMENT HAS DETERMINED THAT NO NEW ENVIRONMENTAL ANALYSIS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS NECESSARY SURROUNDING ZONING: NORTH: COMMUNITY COMMERCIAL (CC) SOUTH: COMMUNITY COMMERCIAL (CC) EAST: COMMUNITY COMMERCIAL (CC) WEST: LOW DENSITY RESIDENTIAL (RL) BACKGROUND: The building site, located at the northeast corner of Lake La Quinta Drive and Washington Street, had operated as a restaurant since 2002 before closing earlier this year. The site contains a single two-story building with approximately 6,800 CUP 12-144 Planning Commission Staff Report 9/11/12 square feet of restaurant space on the 1" floor and 2,150 square feet of office space on the 2ntl floor. At the time of original approval of the project, in 2001, the Planning Commission approved a Conditional Use Permit restricting the total number of seats available for dining due to the alternative parking method used for the site. In addition, the applicant voluntarily agreed to restrict dinning to dinner only and to forgo lunch dining operations. The property has since been sold to LMLQ Properties, LLC, of La Quinta. The new owners plan to re -open the site as a new restaurant and seek an amendment to the existing Conditional Use Permit to expand business operations at the site. PRnPOSALL The applicant is proposing to open a new restaurant at the site to include both lunch and dinner dining operations and to expand the number of seat available for dinner dining (Attachment 2). Therefore, the applicant is requesting an amendment to the existing Conditional Use Permit, to modify Condition of Approval #5 and to rescind Condition of Approval #6 (Attachment 3). Site Design Building Location and Orientation The site is located at the northeast corner of Washington Street and Lake La Quinta Drive. The building is located along the west property line, along Washington Street, with parking on the eastern half of the property. The building's main entrance faces east towards the parking lot. The building contains interior dining areas with a bar and lounge as well as two exterior dining patios. The applicant has submitted building plans to remodel the interior of the building and to make patio improvements. In addition, the applicant has proposed to make minor cosmetic improvements to the exterior of the building including, landscape, painting, and enhancement of the existing architectural features. The overall architectural theme will remain unchanged. Vehicular and Pedestrian Circulation and Parking The applicant has not proposed changes to the existing vehicular or pedestrian paths of travel at the restaurant. The existing parking lot for the restaurant site includes a total of 68 parking stalls immediately east of the building. The applicant has not proposed to make modifications to the existing parking lot. Operations The applicant proposes to expand business operations to include lunch dining and to expand the total number of seats available for dinner dining. The applicant would like to serve lunch starting at 11:00 a.m. and to maintain normal dinner dining CUP 12-144 Planning Commission Staff Report 9/11/12 Page 2 of 4 operations. The restaurant would serve lunch and dinner 7-days a week with expanded business hours on the weekends. ANALYSIS: Operations The applicant would like to expand business operations to include lunch dining. The current Conditional Use Permit contains a condition of approval limiting the restaurants hours of operation to between 5:30 p.m. and 11:00 p.m. on weekdays with expanded hours for the weekend. At the time of original approval the previous restaurant owners did not propose to operate during lunch hours. Staff has reviewed this request and found that no special circumstances at this site preclude it from operating during normal lunch hours. Other nearby restaurants, including Louise's Pantry and El Mexicali Cafe, operate during lunch hours and the limiting of lunch hours is not contained in the zoning code. However, due to the limited parking provided at the site, and at the applicant's request, the serving of lunch should be limited to the original conditions of approval regarding parking with total seating limited to 142 seats. Staff has recommended a condition of approval limiting lunch seating to a maximum of 142 seats during the weekday, with unrestricted seating for both dinner and lunch during the weekend. Parking The original approval of the site and restaurant included an alternative parking method and acceptance of a methodology necessitating a total of 48 parking stalls for the site. The site has a total of 68 parking stalls available and exceeds the approved methodology by 20 parking stalls. The alternative parking method is in conformance with Section 9.150.050E of the L.Q.M.C. which permits for alternative parking requirements subject to City approval. However, the use and approval of the alternative parking method was predicated on a total of 142 seats available for dining and a condition of approval limiting the restaurant to 142 seats was imposed by the Planning Commission. The new owner of the site would like to increase the total number of seats available for dinner dining to 260 total seats. Per the current parking ordinance (L.Q.M.0 Section 9.150.060) a total of 99 parking stalls are required for the site (90 for the restaurant and 9 for the office); however, only 68 parking stalls exist on site. To offset the difference the owner has secured a parking agreement with the neighboring "La Quinta Medical Center" for the use of 50 parking stalls during evenings and weekends when the medical center is closed (Attachment 4). These additional parking stalls, combined with the existing on -site parking, exceed the required parking standard set forth by the Municipal Code by providing a total of 118 parking stalls. Staff is in support of the parking agreement as use of the La Quinta Medical Center's parking during off -hours. This will have a negligible impact CUP 12-144 Planning Commission Staff Report 9/11/12 Page 3 of 4 on the Center and will also allow the restaurant to operate at full capacity. Staff is recommending a condition to allow the applicant to operate under the maximum building capacity during evenings and weekends so long as they maintain a parking agreement with the La Quinta Medical Center. CEQA: The La Quinta Planning Department has determined that this Conditional Use Permit has been assessed as part of Environmental Assessment (EA 2001-412) and certified by the La Quinta City Council on April 3, 2001. The Planning Department has determined that no new environmental analysis under the California Environmental Quality Act (CEQA) is necessary. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on August 30, 2012. To date, no comments or letters have been received. Any comments or correspondence received following the completion . of this staff report will be presented to the Planning Commission at the hearing. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of the proposed Conditional Use Permit can be made and are contained in the attached Resolution. RECOMMENDATION: 1. Adopt a Resolution approving proposed Conditional Use Permit 12-144 with the attached conditions of approval. Prepared by: Eric Ceja E Assistant Planner 1. Location Aerial 2. Application and Letter 3. Conditional Use Permit 2001-056 COA 4. Draft Parking Agreement CUP 12-144 Planning Commission Staff Report 9/11/12 Page 4 of 4 PLANNING COMMISSION RESOLUTION 2012-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR EXPANDED OPERATION AND ADDITIONAL SEATING AT AN EXISTING RESTAURANT LOCATION CASE NO.: CONDITIONAL USE PERMIT 2012-144 APPLICANT: LMLQ PROPERTIES, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 " day of September, 2012, hold a noticed Public Hearing to consider a request by LMLQ Properties, LLC, to permit the allowance of expanded restaurant operations and additional seating at the existing restaurant site, located at the northeast corner of Washington Street and Lake La Quinta Drive, in the City of La Quinta, more particularly described as: APN: 643-200-005 WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 30`" day of August, 2012, for the 11 t' day of September, 2012, Planning Commission meeting as prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code, and by mailing a copy of said public hearing notice to all property owners and residents within 500 feet of the site; and WHEREAS, the Planning Department has determined that this Conditional Use Permit has been assessed as part of an environmental assessment (EA 2001-412), and certified by the La Quinta City Council on April 3, 2001. The Planning Department has determined that no new environmental analysis under the California Environmental Quality Act is necessary; 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 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The conditional use permit request is consistent with the General Plan in that the property proposed for the restaurant use is designated Community Commercial (CC) which permits restaurant uses. 61 Planning Commission Resolution 2012- Conditional Use Permit 2012-144: LMLQ Properties, LLC September 11, 2012 2. Consistency with the Zoning Code: The Conditional Use Permit request is consistent with the zoning provisions set forth in the La Quinta Zoning Ordinance, in that any parking deficiency is covered by a parking agreement and subject to conditions of approval to maintain the parking agreement. 3. Compliance with CEQA: The Conditional Use Permit request is in compliance with the requirements of the California Environmental Quality Act, in that the La Quinta City Council certified Environmental Assessment 2001-412 for the site and a Mitigated Negative Declaration has been certified by the City Council; and 4. Compatibility with Surrounding Uses: The proposed Conditional Use Permit allowances are located within an existing commercial area with similar type commercial and restaurant uses. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2012-144 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 111" day of September, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 9 Planning Commission Resolution 2012- Conditional Use Permit 2012-144: LMLQ Properties, LLC September 11, 2012 KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-144 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense council. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This permit shall expire on September 11, 2014, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 3. The applicant shall maintain a parking agreement with the La Quinta Medical Center (Accretive La Quinta Partners, LLC), or any future owners of the property, for the use of a minimum of 50 parking stalls during the center's off -hours. The nullification of a parking agreement shall limit the restaurants operations to a maximum of 142 seats for both lunch and dinner operations. The applicant shall provide a copy of a signed and executed parking agreement prior to issuance of a building final. 4. The restaurant is limited to a maximum 142 available seats during lunch dining operations. Lunch dining operations are limited between 10:30 a.m. and 4:30 p.m., during the weekdays, with no lunch limitations imposed during the weekends. 5. The restaurant's dinner dining operations shall not exceed the maximum building capacity for the building as stipulated in the building code. f3 ATTACHMENT # 2 City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 PHONE:760.777.7125 FAX:760.777.1233 Office Use f2n Case Number Accepted Assigned 30-Day By To Deadline Cop 1Z--1qq Notes: CONDITIONAL USE PERMIT APPLICATION SECTION A - PROJECT INFORMATION Project Name: t�_�Q ne v�2es , u(3 Project ' / Description: �Q 5� (tYfi 11� w � C e, [Jst APN #(s):;1�',2 Site Address/ Location: WA5WJN(wiW ri ke61 I Alt�it r.B ;ii�' ! Lfi � x476L E PtW,rAryg?Nment � Cis �1zz /j General Plan: C� 0gYunn a-,< Q Zoning: l;C�MrK(ul ;,rtlaicA: Specific Plan: AMN(- 1 Proposed Use: [ d&h & &hurxd Proposed Phases: d rQPdL Related Cases: CL r a 601- d STc Conditional Use Permit Application Page 1 of 9 City of La Quinta - Planning Department - 760.777.7125 02.26.10 P:1Applicaton Submittal Forms\Applicabons\CUP\CUP Application - 02.26.10.doc 10 SECTION B— STATEMENT OF OPERATIONS The purpose of this form is to provide a detailed statement outlining the day-to-day operation of the proposed project. Any approval related to this application will be based on the information provided and will therefore be subject to the continued operation of the proposed project consistent with the information provided. Please be aware that any activities beyond those described here may result in the need to amend your use permit in the future, thus it is encouraged that the information provided be based on the ultimate operation level of the proposed use. Description of proposed use: 14c(6.- 4',Jr,ft a?an (/ la a->E[ 4 2d_kd 4-Ap f5A"(rua;<riI tile- L ta.A D b e!( &s dtLft_o.r Hours of operation: /® O'm (15L iI - 5 CLO i Leo AA L(, A gk, i eeedacj s Number of employees: 2 O ai2PAX, List any other local, state or federal licenses or permits required: ,4 6 b5liny' LOU";?- Types of equipment and processes used: 1) efIJ,tt_v6J— / PoigA 1 Describe any hazardous materials used, stored, or produced on -site: XjoA6C Describe any other special characteristics specific to the proposed use: Conditional Use Permit Application Page 2 of 9 City of La Quinta • Planning Department • 760,777.7125 02.26.10 F`Mppllc fion Submittal Forms\ApplicationslCUMUP Application - 02.26.10.doc 11 Owner(s): Architect: 44- 53c (Mailing License #) Applicant Certification I certify that / have read this application packet in its entirety and understand the City's submittal and review process and the requirements for this application. I further certify that each application item submitted as part of this application is consistent with the minimum required contents for that item as described in Section D of this application. I understand and agree that if during the processing of the application, it is determined the information does not strictly meet such standards or contains errors or omissions, clarification and/or supplemental Information may be required and the preparation of such Information may be considered, in the Planning Director's Judgment, an unreasonable delay and will result in a #u pension of processing time limits in accordance with the California Code ofRegu/ Title 14, Apc11dty�lW9. Applicant's Signature: Print Name: Owner Certification Date: (01tt 1 ol0- I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and / am authorizing and hereby do consent to the filing of this application and acknowledge that the final approval by the City of L.a Quinfa, if any, may ' utf in restrictions, limitations and construction obligations being imposed on this re r petty. Owner/Authorized Agent Signature*: / `G�2�^`---•m ate (0 it ao t'a- Print Name(s): FICIS V. "reos *An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Any off -site work identified on the plans must be accompanied by a statement of authorization with a notarized signature of the subject property owner. Conditional Use Permit Application Page 3 of g City of La Quinta * Planning Department • 760.777.7125 02.26.10 NApplication submittal FonnslApplicatlons\CUP\CUP Application -02.26.10Aoc 12 LMLQ PROPERTIES, LLC July 19, 2012 City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Dear Council: Attached you will find a completed Conditional Use Permit Application and supporting documentation. I wanted to add a letter outlining my future plans for the as yet unnamed restaurant. The facility will be a traditional bar and restaurant. Dinner and lounge service will have seating capacity up to 260 seats. I hope to open at 11:00 am for lunch during the weekdays with restricted seating of approximately 142. We would like to open on Saturdays and Sundays by 10:00am with a 260 seat capacity. I have leased 50 additional parking spaces from the La Quinta Medical Center facility. This additional parking will allow our quests to park and not have to cross any major thoroughfares. I have a copy of the parking lease agreement with Accretive. Theses spaces will be available for our staff, valet and guests from 5 pm on Monday thru Friday and all day and evening on Saturday and Sunday. Thank you for your consideration. If you have any questions or concernease feejfTee to contact me. Eli o cus LMLQ Properties, LLC Owner 78-100 Main Street Suite 203 La Quinta, California 92253 (760)698-9039 13 ATTACHMENT # 3 RESOLUTION 2001-32 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2001-056 OMRI SIKLAI APRIL 3, 2001 1. The use of the subject property for commercial uses shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2001-056, Specific Plan 2001-052, Site Development Permit 2001- 690 and Environmental Assessment 2001-412, unless otherwise amended by the following conditions. 2. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200,080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion, The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to issuance of building permits, the project proponent shall submit, for review and approval, a valet parking plan, which commits the proponent to valet parking during all times when the restaurant is,open._Failure to -maintain a valet, parking program shall result in revocation of the use permit for this project. 5. The restaurant shall not exceed 142 seats as specified in the Specific Plan. 6. The restaurant hours of operation shall be as stated in the Specific Plan: 5:30 P.M. - 11 p.m. on weekdays, with expanded hours on weekends. SACity Clerk\Resolutions\cup 2001-056 cc coa.wpd 14 ATTACHMENT # 4 PARKING AGREEMENT THIS PARKING AGREEMENT (this "Agreement"), dated as of this I" day of October, 2012, is entered into by and between ACCRETIVE LAQUINTA PARTNERS, LLC, a California limited liability company corporation ("Accretive") and a California ("Permitted User"), with reference to the following facts: A. Accretive is the owner of certain real property, commonly known as the La Quinta Medical Center located at 47-647 Caleo Bay, La Quints, California, which is legally described on Exhibit A, and contains certain parking areas and parking improvements ("Accretive Property"); B. Permitted User is the owner of certain real property, commonly known as Washington St., La Quints, California, which is legally described on Exhibit B (the "Restaurant Property"); C. The Permitted User intends to own and operate a restaurant on the Restaurant Property. D. Accretive, as the owner and operator of the Accretive Property has agreed, that as long as the Permitted User is the owner or tenant of the Restaurant Property, such Permitted User shall be permitted to use designated spaces located on the Accretive Property as identified in Exhibit C ("Designated Spaces") in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Permitted User and their employees, in the course of such Permitted User's business operations in the Restaurant Property, shall have the right to use the Designated Spaces. The Designated Spaces shall be made available immediately proceeding the La Quinta Medical Office Building business hours of 5 pm on weekdays and all day on weekends. 2. Accretive shall charge the Permitted User $250 per month for use of 50 also reimburse Accretive for any damage caused by the Permitted User or its employees. The Permitted User shall further reimburse Accretive for the installation of an ingress/egress path (walkway) through the Accretive Property's landscape for Permitted User access to the Accretive Property parking lot. The Permitted User shall review and approve the design and cost of any walkway prior to commencement of construction. 3. The Permitted User shall at all times during this Agreement maintain in full force and effect: (i) commercial general liability insurance, naming Accretive as an additional insured covering bodily injury an damage to property with a minimum combined single limit of $1,000,000; (ii) Workers Compensation as required by the laws of the State of California with the following limits of liability: Coverage A -statutory benefits ; Coverage B- $1,000,000 per accident and disease; (iii) Evidence of Insurance -Permitted User shall promptly W02-SDAS111%51398614.1 4- 15 deliver copies of certificates of such insurance to Accretive. Such coverage shall provide for at least thirty (30) days prior notice to Accretive as a condition precedent to cancellation and (iv) and other insurance as required by Accretive's insurance policy. 4. In the event the City of La Quinta or any government agency determines the Accretive Property violates any parking codes, whether from the Permitted Use as defined in this Agreement or any other permitted use, this Agreement will be terminated within thirty days of the government issue notice of violation. 5. This Agreement shall terminate on the earlier of 1) sale of all or part of the Restaurant Property to any person or entity other than the Permitted User; 2) if the Permitted User transfers any of the parking righting rights under this Agreement to any person or entity who is not the Permitted User, Accretive may immediately terminate this Agreement and 3) the Permitted User fails to reimburse Accretive for any parking costs as defined in section 2 of this Agreement. Executed this day of ACCRETIVE: Accretive Laguna Partners, LLC a California limited liability company a California Thomas LeBeau, President 0 Name: Its: 2012. W02•SD:6SB 1\51398614.1 -2- 16 LEGAL DESCRIPTION EXHIBIT "A" PARCEL 4 AS SHOWN BY PARCEL MAP NO.27892, ON FILE IN BOOK 182 PAGES 63 THROUGH 66INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA APN: 643-200-004-1 Ft/ 41c:j v� P, €g f#��wi u Z 0 3 y s _ Mm� a..w gg d e � aniao VINino vi eNy, E R ps 0 18 PLANNING COMMISSION PH#-D STAFF REPORT DATE: SEPTEMBER 11, 2012 CASE NO.: CONDITIONAL USE PERMIT 2012-142 APPLICANT: CROWN CASTLE - SUSAN MAKINSON REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A SINGLE -POLE DISTRIBUTED ANTENNA SYSTEM (DAS) AT THE SOUTHEAST CORNER OF THE JEFFERSON STREET AND AVENUE 52 ROUNDABOUT LOCATION: PUBLIC RIGHT- OF -WAY - JEFFERSON STREET/AVENUE 52 ROUNDABOUT (ATTACHMENT 1) PROPERTY OWNER: CITY OF LA QUINTA GENERAL PLAN, MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) ZONING: MEDIUM HIGH DENSITY RESIDENTIAL (RMH) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). IN THAT THIS IS AN IN -FILL PROJECT SURROUNDED BY URBAN SERVICES AND EXISTING IMPROVEMENTS SURROUNDING LAND USES: NORTH: NEIGHBORHOOD COMMERCIAL (CN) SOUTH: MEDIUM HIGH DENSITY RESIDENTIAL (RMH) EAST: HIGH DENSITY RESIDENTIAL (RH) WEST: GOLF COURSE (GC) BACKGROUND: The Jefferson Street and Avenue 52 roundabout was completed in October 2002, with street pole lighting along all sides of the intersection to improved visibility and safety. The intersection contains a large circular planter in the middle and several smaller landscape pockets that help direct traffic. REQUEST: Crown Castle International is requesting to remove an existing thirty-one (31) foot tall street light pole at the southeast corner of the Jefferson Street and Avenue 52 roundabout and to install a thirty-seven (37) foot tall street light pole with attached antenna and equipment cabinets along the right-of-way (Attachment 2 & 3). The applicant is working out the details for a lease agreement with the City Manager's Office and the applicant is registered and licensed with the State's Public Utilities Commission (PUC) (Attachment 4). ANALYSIS: Chapter 9.170 of the La Quinta Municipal Code regulates the use of Wireless Telecommunication Facilities. This section establishes setbacks and operational standards for newly proposed towers and co -location of existing towers. The proposed light pole configuration, which is located within the public right-of-way, will accommodate both telecommunication equipment and lighting for the street intersection. The proposed location of the light pole is conditioned to comply with all standards listed in the Municipal Code's Telecommunication Ordinance and street light standards set by the Public Works Department. Chapter 9.170 encourages the co -location of poles and antenna equipment to minimize adverse visual impacts and the proliferation of telecommunication towers in the community. The total height of the light pole with attached antenna is thirty seven (37) feet. The light pole is designed to accommodate both telecommunication antennas and street lighting. The applicant, working with City staff, has agreed to remove the existing light pole and replace the light pole at the same location with attached antenna (Attachment 2, Pg. 4). The replacement of the street light pole with an attached antenna will maintain the total number of poles at this location (Attachment 3). This proposal will facilitate additional co -location as its single pole design will accommodate different types of equipment and only one pole will remain at the location. In addition, the applicant has designed the pole to accommodate a second set of antenna, below the light mast. The potential for a second set of antenna complies with the intent of co -locating telecommunication equipment on a single pole. The proposed light pole with attached antennas is thirty-seven (37) feet in height; six feet higher than the existing light pole. The light pole's height is intended to match the existing light standards at this intersection and to reduce antenna interference from nearby power cables and existing homes in the vicinity. The height is within the height limits established in Municipal Code for telecommunication towers. 2 The light pole, as proposed, is for a Distributed Antenna System (DAS) and is the second of four total towers that Crown Castle is proposing in the City (Attachment 5); the Planning Commission has already approved a DAS at Eisenhower Park. The DAS or "nodes" are part of a larger network of antennas that fill in smaller coverage gaps, such as those gaps in this portion of the City. DAS towers are smaller, require less energy, and improve telecommunication coverage over smaller areas than non-DAS or "macro" towers. DASs are connected to a "HUB" site via fiber-optic cables. The HUB site for Crown Castle's proposal is located at Fire Station #70, at the southwest corner of Avenue 54 and Madison Street. The DAS expands telecommunication networks capacity for high-speed data transmissions by using less energy, having low interference levels, and relaying data information to the macro -site. The proposed height of the antennas will not cause significant radio frequency (RF) interference with existing and approved telecommunication services in the area. The proposed antennas will increase service options for customers within this portion of the City. Attachment 6 provides a general visual representation of how services are expected to increase; green areas show the greatest amount of service improvement, while yellow and red shows areas expected to receive marginal service improvements. The applicant has met the intent of this code section and has complied with the setback, operations and screening requirements set forth in this section. In addition to the placement of antenna on the light pole, the applicant will need to place an electrical pedestal adjacent to the pole. The pedestal will be placed adjacent to an existing electrical pedestal and the location and size of the pedestal are compliant with the Municipal Code. Public Notice This request was published in the Desert Sun newspaper on August 30, 2012, and mailed to all affected property owners within 500 feet of site as required by Section 9.200.1 10 of the La Quinta Municipal Code. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments on July 24, 2012. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. 3 CEQA: The proposed Conditional Use Permit is categorically exempt from environmental review pursuant to provisions of Section 15332 (Class 32) of the California Environmental Quality Act, in that this is an in -fill project surrounded by urban services and existing improvements. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Staff is recommending that the Planning Commission approve the Conditional Use Permit, subject to conditions, for the placement of a single -pole DAS and ancillary equipment within the right-of-way along the southeast corner of the Jefferson Street and Avenue 52 roundabout. Prepared by: ERIC CEJ , Assistant Planner Attachments: 1. Site Map 2. Improvement Plans 3. Photo Simulations 4. PUC Approval 5. Proposed Locations and Fiber-optic Routes 6. RF Map 4 PLANNING COMMISSION RESOLUTION 2012-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SINGLE -POLE DISTRIBUTED ANTENNA SYSTEM (DAS) AT THE SOUTHEAST CORNER OF THE JEFFERSON STREET AND AVENUE 52 ROUNDABOUT CASE NO.: CONDITIONAL USE PERMIT 2012-142 APPLICANT: CROWN CASTLE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11" day of September, 2012, hold a noticed Public Hearing to consider a request by Crown Castle, to permit the construction and placement of thirty-seven (37) foot tall street light pole with an attached antenna distribution system within the public right-of-way at the Jefferson Street and Avenue 52 roundabout, in the City of La Quinta, more particularly described as: APN: PUBLIC RIGHT OF WAY WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 30`" day of August, 2012, for the 11" day of September, 2012, Planning Commission meeting as prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code, and by mailing a copy of said public hearing notice to all property owners and residents within 500 feet of the site; and WHEREAS, the co -location of the street lighting pole and antennas will minimize adverse visual effects of the antennas and pole structure and will decrease the need for additional towers and equipment on the surrounding area; and WHEREAS, the telecommunication facility will improve telecommunication service options within this portion of the City of La Quinta; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 5 Planning Commission Resolution 2012- Conditional Use Permit 2012-142: Crown Castle September 11, 2012 1. Consistency with the General Plan: The design and improvements of the proposed pole and equipment are consistent with La Quinta General Plan (Chapter 7) that requires utilities and communication facilities to blend in with the surrounding improvements and insures residents have access to reliable telecommunication services such as wireless telephones. The co -location of antenna equipment on a single street light pole at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Consistency with the Zoning Code: The placement of the pole and equipment are consistent with current standards of the Zoning Code (Chapter 9.90 and 9.170) in that the potential adverse visual effects have been mitigated, and all perimeter setback requirements have been met. 3. Compliance with CEQA: The placement and co -location of a new street light pole for antenna and street lighting has been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed as a City street surrounded by urban infrastructure improvements (e.g., roads, water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located within existing public right-of-way. The proposed street light pole, antennas and equipment do not detract from the surrounding architectural theme and public facility improvements. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2012-142 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 11 `" day of September, 2012, by the following vote, to wit: 9 Planning Commission Resolution 2012- Conditional Use Permit 2012-142: Crown Castle September 11, 2012 AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 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 Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This permit shall expire on September 11, 2014, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 3. This Conditional Use 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"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Department for Building Permits • La Quinta Planning Department • Riverside Co. Environmental Health Department South Coast Air Quality Management District Coachella Valley Federal Communication Commission Federal Aviation Administration The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of 9 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Approval of this Conditional Use Permit shall not be construed as approval for any horizontal dimensions implied by site plans or exhibits unless specifically identified in the conditions of approval. 6. 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. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 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. IMPROVEMENT PLANS 2 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 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. 9. 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). 10. . The proposed light or mono pole shall be designed using the AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminares, and Traffic Signals or the Caltrans standard plans and specifications. Structural calculations or other proof that can show the proposed pole meets design requirements shall be submitted for review and approval by the City Engineer. 11. The submitted preliminary site plan appears to propose minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Department. IMPROVEMENT SECURITY AGREEMENTS 12. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. 10 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 Security will not be required for telephone, natural gas, or Cable T.V. improvements. PRECISE GRADING 13. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 14. If a grading permit is required, 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. 15. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 16. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 17. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 of the curb, otherwise the maximum slope within 11 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. UTILITIES 18. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 19. 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 electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 20. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located so as to not conflict with access aisles/entrances. MAINTENANCE 21. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 22. The applicant shall make provisions for the continuous and perpetual maintenance of the structure installed for this Conditional Use Permit as well as access drives, perimeter and site landscaping up to the curb, and stormwater BMPs if applicable, or as specified in the required lease agreement. 23. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quints. FEES AND DEPOSITS 24. The applicant shall comply with the provisions of LOMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the 12 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 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. PLANNING 25. The applicant shall secure a lease agreement with the City of La Quinta for the placement of the telecommunication equipment within the City's right-of-way prior to issuance of a building permit. 26. The total height of the street light pole and antenna shall not exceed thirty- seven (37) feet measured from finished grade, and shall not exceed a diameter greater than twelve (12) inches. 27. The new street light pole shall accommodate the relocation of the existing street lighting improvements. Street lighting shall be incompliance with the City's Outdoor Lighting Ordinance (L.Q.M.C. Section 9.100.150) and shall minimize light pollution on surrounding properties. The height of the light poles arm and light fixture shall match the height and design of the existing street light pole. The pole shall match the light source of the existing light fixtures. 28. The placement of the pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall be placed in the same location as the current street light pole. 29. Panel antennas shall be flush -mounted and be attached securely to the street light pole at a minimum height of twenty-five (25) feet. The panel antennas shall be painted to match the pole, and shall not be placed higher than twenty-nine (29) feet on the pole. All panel antennas are limited to a maximum of thirty-six (36) inches in height. A single antenna is permitted to be placed on top of the tower. The antenna shall not exceed a height greater than six (6) feet in height and shall be painted to match the pole. 30. The applicant is limited to placement of a single electrical meter pedestal and interest vault to service the street light pole equipment. The equipment pedestal and vault shall be placed in close proximity to the street light pole and the existing electrical cabinet along Avenue 52. The placement of the equipment cabinet and vault shall not result in the removal of existing landscape, nor shall it cause visual interference with pedestrian and vehicular movements at the intersection. 13 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 31. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. Any future co -locations at this site shall receive approval of a Minor Use Permit (MUP). 32. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 14 ATTACHMENT # 1 Conditional Use Permit 2012-142 Site Location 4 1 _ 1y1,, i i f • r� i' • } %40- 3 is �J46�.Ncj co Co ooi pp ti co F IT i 10 Ln ti co 4= u REJJ) F 1111 4 , 05 'oe it LL 0 cm u1i col LL all! I ATTACHMENT # 4 STATE OF CALIFORNIA - Edmund G. Brown Jr., Govemor PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE SAN FRANCISCO. CA W02-3298 rs April 9, 2012 Cord Hute Synthesis Environmental Planning 6 Carmen Court Novato, CA 94945 Dear Mr. Hute: NewPath Networks, LLC. submitted a Notice of Proposed Construction (NPC) for authorization to proceed with the construction of the La Quinta Distributed Antennae System (DAS) project. According to the NPC, the project involves the installation of fiber optic cable, DAS antenna nodes, and other associated equipment in the City of La Quinta, California. The NPC requests the Energy Division to act upon NewPath's request for a determination that the project is consistent with the activities determined to be categorically exempt from the California Environmental Quality Act (CEQA) by the California Public Utilities Commission (Commission). On November 9, 2004 the Commission granted NewPath's request for a certificate of public convenience and necessity to provide inter/intra- local access and transport area services in California as a non -dominant interexchange carrier. On May 25, 2005, NewPath submitted A.05-05-021 seeking expansion of its authority to include the installation of DAS antennae, nodes, and other related equipment in California. Under D. 06-04-030, the Commission determined that the DAS projects proposed by NewPath would fall within one or more categorical exemptions identified under CEQA, and that further environmental review of these proposals would not be required. The Energy Division has reviewed NewPath's proposal to construct the La Quinta DAS project in the City of La Qunta, California and has determined that the proposed construction activities are consistent with the activities found by the Commission to be categorically exempt from the requirements of CEQA. The Energy Division hereby grants NewPath with the authority to proceed with the construction of the project as described in the NPC. Sincerely, /f�Uit J sen Uchida California Public Utilities Commission Regulatory Analyst tlp�. I innt 'r � r �.— c ,.. �y lid •� FMga�V Ei se n'o wer 1 00) MENRAS ,rPRO�. PH#E PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 11, 2012 CASE NO.: CONDITIONAL USE PERMIT 2012-143 APPLICANT: CROWN CASTLE - SUSAN MAKINSON REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A SINGLE DISTRIBUTED ANTENNA SYSTEM (DAS) WITHIN THE PUBLIC RIGHT-OF-WAY NEAR THE INTERSECTION OF AVENUE 50 AND HEATHERGLEN LOCATION: PUBLIC RIGHT-OF-WAY - AVENUE 50/HEATHERGLEN (ATTACHMENT 1) PROPERTY OWNER: CITY OF LA QUINTA GENERAL PLAN: LOW DENSITY RESIDENTIAL (RL) ZONING: LOW DENSITY RESIDENTIAL (RL) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THIS IS AN IN -FILL PROJECT SURROUNDED BY URBAN SERVICES AND EXISTING IMPROVEMENTS SURROUNDING LAND USES: NORTH: SOUTH: EAST: WEST: BACKGROUND: LOW DENSITY RESIDENTIAL (RL) LOW DENSITY RESIDENTIAL (RL) LOW DENSITY RESIDENTIAL (RL) LOW DENSITY RESIDENTIAL (RL) Avenue 50 is designated as a 100 foot wide, four -lane, Primary Arterial B and Secondary Image Corridor by the City's General Plan (Attachment 2). The street runs east -to -west and connects Eisenhower Drive to Jefferson Street. The street is dominated by residential development, including La Quinta Country Club and Rancho La Quinta along the north side, and La Quinta Fairways, The Estancias, and Palmilla along the south side. REQUEST: Crown Castle. International is requesting to install a twenty-two (22) foot tall telecommunication pole and equipment cabinets along the south side of Avenue 50, west of Heatherglen (Attachment 3 & 4). The applicant is working out the details for a lease agreement with the City Manager's Office and the applicant is registered and licensed with the State's Public Utilities Commission (PUC). ANALYSIS: Chapter 9.170 of the La Quinta Municipal Code regulates the use of Wireless Telecommunication Facilities. This section establishes setbacks and operational standards for newly proposed towers and co -location of existing towers. The proposed telecommunication pole is located along Avenue 50, west of Heatherglen and adjacent to a Coachella Valley Water District (CVWD) well site. Per Chapter 9.170, telecommunication poles are permitted in the right-of-way, but are subject to the height restrictions established for roadways designated as "image corridors". Per the General Plan, the maximum structure height allowed within 150 feet of a designated image corridor is twenty-two (22) feet. The applicant has met this standard and has proposed a maximum structure height of twenty-two (22) feet. The proposed tower's height complies with the height limitation set by the Municipal Code. Chapter 9.170 encourages careful siting of new telecommunication poles to protect surrounding properties from potential tower failure and visual impacts. The applicant explored several pole locations prior to proposing the current location west of Heatherglen (Attachment 5). The applicant has proposed to place the pole adjacent to a CVWD well site. The siting of the pole at the proposed location will have less of a visual impact on surrounding residential properties because . no residential properties back to the pole's location. Although the pole is not proposed adjacent to an existing residential property it will stand alone along the public right- of-way. Staff has some concern, over the exact siting of the pole and has conditioned the final placement of the pole to be subject to Planning Director approval. The applicant has, proposed to paint the pole beige to help soften the look of the pole and to match the desert -tones in the area. However, staff has concerns that painting of the pole may make the pole stand out from its surroundings and has recommended a condition that the pole's final paint color be subject to Planning Director approval. In addition, staff has recommended a condition that the applicant 2 plant a Palo Verde tree adjacent to the tower to screen the tower from nearby residential properties. The pole, as proposed, is for a Distributed Antenna System (DAS) and is the third of four total towers that Crown Castle is proposing in the City (Attachment 6); the Planning Commission has already approved a DAS at Eisenhower Park. The DAS or "nodes" are part of a larger network of antennas that fill in smaller coverage gaps, such as those gaps in this portion of the City. DAS towers are smaller, require less energy, and improve telecommunication coverage over smaller areas than non-DAS or "macro" towers,. DASs are connected to a "HUB" site via fiber-optic cables. The HUB site for Crown Castle's proposal is located at Fire Station #70, at the southwest corner of Avenue 54 and Madison Street. The DAS expands telecommunication networks capacity for high-speed data transmissions by using less energy, having low interference levels, and relaying data information to the macro -site. The proposed height of the antennas will not cause significant radio frequency (RF) interference with existing and approved telecommunication services in the area. The proposed antennas will increase service options for customers within this portion of the City. Attachment 7 provides a general visual representation of how services are expected to increase; green areas show the greatest amount of service improvement, while yellow and red shows areas expected to receive marginal service improvements. The applicant has met the intent of this code section and has complied with the setback, operations and screening requirements set forth in this section. Public Notice This request was published in the Desert Sun newspaper on August 30, 2012, and mailed to all affected property owners within 500 feet of site as required by Section 9.200.1 10 of the La Quinta Municipal Code. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments on July 24, 2012. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. CEQA: The proposed Conditional Use Permit is categorically exempt from environmental review pursuant to provisions of Section 15332 (Class 32) of the California Environmental Quality Act, in that this is an in -fill project surrounded by urban services and existing improvements. 3 STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Staff is recommending that the Planning Commission approve the Conditional Use Permit, subject to conditions, for the placement of a single -pole DAS and ancillary equipment within the right-of-way along the south side of Avenue 50, east of the intersection of Heatherglen and Avenue 50. Prepared by: �u ERIC CEJ Assistant Planner Attachments: 1. Site Map 2. General Plan Image Corridors 3. Improvement Plans 4. Photo Simulations 5. Justification Letter w/Alt. Site Analysis 6. Proposed Locations and Fiber-optic Routes 7. RF Map 4 PLANNING COMMISSION RESOLUTION 2012-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SINGLE DISTRIBUTED ANTENNA SYSTEM (DAS) WITHIN THE PUBLIC RIGHT OF WAY NEAR THE INTERSECTION OF AVENUE 50 AND HEATHERGLEN CASE NO.: CONDITIONAL USE PERMIT 2012-143 APPLICANT: CROWN CASTLE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 " day of September, 2012, hold a noticed Public Hearing to consider a request by Crown Castle, to permit the construction and placement of a twenty-two (22) foot tall telecommunication pole with an attached distributed antenna system (DAS) within the public right-of-way near the southwest corner of Avenue 50 and Heatherglen, in the City of La Quinta, more particularly described as: APN: PUBLIC RIGHT OF WAY WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 30`" day of August, 2012, for the 111" day of September, 2012, Planning Commission meeting as prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code, and by mailing a copy of said public hearing notice to all property owners and residents within 500 "feet of the site; and WHEREAS, the location and height of the telecommunication pole and distributed antenna system will minimize adverse visual effects of the pole structure and will decrease the need for additional towers and equipment on the surrounding area; and WHEREAS, the telecommunication facility will improve telecommunication service options within this portion of the City of La Quinta; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 61 Planning Commission Resolution 2012- Conditional Use Permit 2012-143: Crown Castle September 11, 2012 1. Consistency with the General Plan: The design and improvements of the proposed pole and equipment are consistent with La Quinta General Plan (Chapter 7) that requires utilities and communication facilities to blend in with the surrounding improvements and insures residents have access to reliable telecommunication services such as wireless telephones. The location of the antenna equipment on a single pole at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Consistency with the Zoning Code: The placement of the pole and equipment are consistent with current standards of the Zoning Code (Chapter 9.90 and 9.170) in that the potential adverse visual effects have been mitigated, and all height restrictions have been met. 3. Compliance with CEQA: The placement and location of a telecommunication pole for a distributed antenna system has been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed as a City street surrounded by urban infrastructure improvements (e.g., roads, water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located within existing public right-of-way. The proposed telecommunication pole, antennas and equipment does not deter from the surrounding architectural theme and public facility improvements. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2012-143 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 11`h day of September, 2012, by the following vote, to wit: 2 Planning Commission Resolution 2012- Conditional Use Permit 2012-143: Crown Castle September 11, 2012 AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL- RECOMMENDED SEPTEMBER 11, 2012 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 Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This permit shall expire on September 11, 2014, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 3. This Conditional Use 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"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form — Whitewater River Region, Improvement Permit) La Quinta Building and Safety Department for Building Permits La Quinta Planning Department Riverside Co. Environmental Health Department Federal Communication Commission The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include 8 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. For newly constructed projects of less than one acre, the Permitee shall be required to submit a Storm Water soil loss prevention plan in accordance with the 2010 California Green Building Standards Code. 6. Approval of this Conditional Use Permit shall not be construed as approval for any horizontal dimensions implied by site plans or exhibits unless specifically identified in the 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. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. 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 9 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 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. 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. 10. 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). 11. The pole shall be designed using the AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminares, and Traffic Signals or the Caltrans standard plans and specifications. Structural calculations or other proof that can show the proposed pole meets design requirements shall be submitted for review and approval by the City Engineer. 12. The submitted preliminary site plan appears to propose minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Department. 10 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 IMPROVEMENT SECURITY AGREEMENTS 13. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. Security will not be required for telephone, natural gas, or Cable T.V. improvements. PRECISE GRADING 14. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 15. If a grading permit is required, 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. 16. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 17. 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 11 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 Fugitive Dust Control Plan. 18. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. UTILITIES 19. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 20. The proposed fiber splice vault shall be placed outside of the existing sidewalk. The location shall be approved by the City Engineer. 21. 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 electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 22. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located so as to not conflict with access aisles/entrances. LANDSCAPE AND IRRIGATION 12 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 23. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 24. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets' latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 25. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 26. The applicant shall make provisions for the continuous and perpetual maintenance of the structure installed for this Conditional Use Permit as well as access drives, perimeter and site landscaping up to the curb, and stormwater BMPs if applicable. 27. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. FEES AND DEPOSITS 28. 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. PLANNING 29. The applicant shall secure a lease agreement with the City of La Quinta for the placement of the telecommunication equipment within the City's right-of- way prior to issuance of a building permit. 13 PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED SEPTEMBER 11, 2012 30. The total height of the telecommunication pole and antenna shall not exceed twenty-two (22) feet measured from finished grade, and shall not exceed a diameter greater than twelve 0 2) inches. 31 The pole shall be placed behind the sidewalk at a minimum distance of nine (9) feet behind the curb along Avenue 50. The exact location of the pole along Avenue 50 shall be reviewed and determined by the Planning Director. All ancillary ground -mounted equipment, including but not limited to, the vault, electrical pedestal and pull box shall be located outside of the existing sidewalk and within the existing right-of-way. The placement of the pole and equipment shall not interfere with the existing infrastructure and improvements at this location. The placement of the pole and ground - mounted equipment shall not traverse property lines and shall not result in the removal of existing landscape. The pole shall be painted to help blend the pole with the surrounding landscape. The final paint color for the pole shall be determined by the Planning Director. 32. Panel antennas shall be flush -mounted and be attached securely to the telecommunication pole. All panel antennas shall be painted to match the pole. All panel antennas are limited to a maximum of thirty-six (36) inches in height. A single antenna is permitted to be placed on top of the pole. The antenna shall not exceed a height greater than six (6) feet in height and shall be painted to match the pole. 33. The applicant shall install a Foothill Palo Verde tree east of the proposed pole location to screen the pole from view from the adjacent residential community. The tree shall be a minimum 48" box size and shall be placed no further than twenty (20) feet east of the pole. 34. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 35. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 14 ATTACHMENT # 2 9 � i 8888 � V p J ATTACHMENT #3 n N J f .I I III III I - ` MGM y � r LL. O r LL. O p3Y I yy S 3 Y� § $ m 2:LLi UO- C-4 ILL ZLLJ .22 , z at 1 co U c i Rill cv) , -, o 4. 1 0. U- co LS FT � \°, 1 , ~ �� ƒ . '\\ ƒ\\( � A � � \�� � � �^\ \ ) t§ J ita IN 5911 1 ! J 3i i s I, ,i l i I I il1J� I �J I .I • r ."e � 1 _9k s L .t � r� A I Y � v I k � � �( sp �^ " eU y1 fir l r Y a r ) g f � �i 0 w (1) 0 (L 0 It IL l 1 f IL 1' _V 4 •1 Q r, 9(� 1 C rE ATTACHMENT # 5 Ll AS CROWN CASTLE/NEWPATH NETWORKS CITY OF LA QUINTA SITE JUSTIFICATION (LAD088-04, LAD088-05) July 22, 2012 Crown Castle/NewPath Networks, ("Crown Castle") hereby submits this site justification as an addendum to its May 22, 2012, application for a conditional use permit ("CUP")' for the installation of a distributed antenna system ("DAS") network ("Network") within public rights - of -way ("ROW") of the City of La Quinta ("City"). This site justification focuses on two DAS nodes of the proposed Network, designated LAD088-04 and LAD088-05. 1. Design and Location of the DAS Nodes. A. LAD088-04. LAD088-04 is proposed to be located in the ROW on the south side of Avenue 50, just west of Heatherglen. It will consist of a new, non -lighted pole, measuring approximately 21 feet, 11 inches in height to comply with the City's height restrictions for new pole installations in their "primary image corridor" area. It will be unlighted, to facilitate compliance with the City's "dark -sky" ordinance. In addition to the antenna array, which will be hidden within a flush - mounted canister atop the pole, minimal accessory equipment will include pole -mounted fiber repeater radios. The fiber repeater radio converts digitalized spectrum received from the hub into RF signals emitted from the antenna array to the service area. LAD088-04 will not feature any other above -ground equipment aside from a standard electrical meter pedestal. A fiber vault will be installed below grade at each proposed node location. (See LAD088-04 Photo -simulation, attached as Exhibit A; see also Construction Drawings - LAD088-04, attached as Exhibit B.) B. LAD088-05. LAD088-05 will be located at the southeast corner of the traffic roundabout at Jefferson Street and Avenue 52. Originally, this node was proposed in the median north of the intersection of Jefferson Street and Avenue 52. The City does not allow the installation of utility poles within its roadway median. Accordingly, the City requested that Crown Castle locate a different location. The proposed site seeks to comply with the City's constraints while still providing the necessary service coverage for the carrier. This node will replace an existing streetlight pole with a Crown Castle streetlight pole capable of supporting the required equipment. LAD088-05 will feature an antenna array hidden within a flush -mounted canister atop the pole, resulting in a total height of 36 feet, 11 inches. In addition to the antenna arrays in the top -mounted canister, LAD088-05 will feature three panel antennae mounted below the streetlight arm and a pole -mounted fiber repeater radio. As with LAD088- ' The May 22, 2012, CUP application is incorporated herein by this reference. 3278343.1 04, the only ground -mounted equipment will consist of a meter pedestal measuring approximately four feet in height and the below -grade fiber vault. (See LAD088-05, Photo - simulation, attached as Exhibit C; see also Construction Drawings - LAD088-04, attached as Exhibit D). C. Design Elements Common to Both Nodes. As noted in the CUP application, LAD088-04 and LAD088-05 are designed to incorporate additional carriers. The "multiple -carrier" design will allow more than one network provider to provide wireless data and communications services from the same system. The Network therefore allows one aesthetically unobtrusive network to take the place of multiple, single - carrier antennas or macro -sites -- thereby avoiding the prospect of multiple carrier - constructed antenna facilities servicing a single service area. Put another way, the Network is the equivalent of a collocation system, as it permits many carriers to transmit their signals over one antenna system with only a single series of vertical elements. Even apart from the specific design elements discussed, DAS itself is inherently minimally intrusive by design. Specifically: (1) Crown Castle DAS utilizes the latest in wireless infrastructure technology, incorporating smaller, low -power facilities instead of using larger -- and sometimes more obtrusive -- cell towers; (2) Crown Castle DAS utilizes the ROW, thereby avoiding intrusions into private property or undeveloped resource areas; (3) Crown Castle DAS allows for collocation by multiple carriers, thereby avoiding antenna proliferation; (4) Crown Castle DAS strikes a balance between antenna height and coverage in order to minimize visual impacts; (5) Crown Castle DAS carefully spaces the nodes to effectively relay signal with a minimum of node locations; and (6) Where possible, Crown Castle DAS seeks to utilize existing vertical elements in the ROW, such as utility poles and streetlights, whenever technically feasible, thereby minimizing the net number of vertical intrusions in the ROW. 2. The RF Service Area. MetroPCS provided Crown Castle with a polygon to outline areas where it experiences a significant gap in coverage and/or impaired network capacity in the City ("Service Area!). Using the Service Area boundaries, Crown Castle conducted a site survey to determine siting options available for the Network nodes, utilizing either existing vertical elements and/or new poles. Despite the low profile of the DAS nodes, and the resultant limitations of such a low - profile system, Crown Castle sought to maximize the coverage of each node location, since maximization of the node coverage equates to a lower overall number of facilities for the Network and a less intrusive system. Accordingly, each location was chosen to provide an 3278343.1 2 effective relay of signal from the adjacent node, so that ubiquitous coverage is provided throughout the Service Area with a minimum number of facilities. Each node is locationally dependent on the other nodes of the Network. To move a node too far from its proposed location will result in an inability to meet coverage objectives. Moving outside that proposed location will preclude the ability of the node to properly propagate its signal to the other nodes in the larger Network. Crown Castle also sought out existing utility pole and streetlight pole sites that could serve as a potential host site for an alternative location. In light of the above considerations, a site -specific alternative analysis follows. 3. Alternative Site Analysis. A. LAD088-04 (1) Proposed Site: New Non -Lighted Pole on the South Side of Avenue 50, West of Heatherglen: This candidate was identified as the preferred alternative because it fronts a vacant lot to the south (minimizing any visual intrusions) and because the location meets RF objectives for the Service Area. Residences to the north are buffered by Avenue 50 -- a four -lane arterial -- as well as a greenbelt and a soundwall. (See Alternative Site Analysis for LAD088-04, attached as Exhibit E.) (2) Candidate 1: New Non -lighted Pole on South Side of Avenue 50, East of Heatherglen: As with the Proposed Site, the pole for Candidate 1 would comply with the height limitations imposed by the primary image corridor and would be non -lighted to comply with the City's dark -sky policy. Also like the Proposed Site, Candidate 1 presents minimal aesthetic impacts, since it is located on an arterial in an area already developed with existing utilities. While Candidate 1 achieves the necessary RF propagation objectives for the Network, it is located closer to homes to the south. The Proposed Site was selected as the preferred site because it is located further from residences to the south. (Ibid.) B. LAD088-05 (1) Proposed Site: Existing Streetlight Pole at the Southeast Corner of Jefferson Street and Avenue 52: This candidate was selected as the preferred location because it utilizes an existing streetlight pole and because the location meets RF objectives for the Service Area. By using the site of an existing streetlight pole, this location avoids a net increase of poles in the ROW. This site also features excellent buffering from any residential view -sheds, because the site is located at a major intersection and the parcels surrounding the site on all sides are vacant. (See Alternative Site Analysis for LAD088-04, attached as Exhibit F.) (2) Candidate 1: New Pole at the Median of Jefferson Street, North of Avenue 52: In its review of alternative sites, Crown Castle identified another location for LAD088-05 in the median of Jefferson Street, north of the intersection of Jefferson Street and Avenue 52. Because Candidate 1 is located in the median of Jefferson Street, the siting of this location was considered by Crown Castle to be aesthetically unobtrusive. A greenbelt and golf course further buffer the site from views to the east and west. The Proposed Site was selected over Candidate 1, however, due to the City's regulations prohibiting utilities within the roadway median along a scenic corridor. The proposed site nevertheless required Crown Castle at the edge of the 3278343.1 3 carrier's Priority Coverage Zone. The proposed site nevertheless meets the majority of the carrier's RF coverage objectives for the Service Area. (Ibid.) 3278343.1 4 m V�m 0 I Y E ,1 V. fl C9 l N t L� - JA 1 i /jYerxda r i Jamoyuas13 - — 0 c CD Cf) l' U T -/ ]� 1 IL p m to � C Fl _ O I �� P ��� .x g - LI IJoIS'� Est m J / R�Dy dLc a ; , IIJI <. nrit e I_ sUwo q }{j� �9' % "� ��� � ,•-IS-O' 2 / y i�' �� W`.➢ � �k, Ali �z �1���� ` Q "� ��4��5 4�" ��j . ".aa�.��" 1.5 EF W �A Pid C azdOOy�v^en d— UrliO� Eg �i :✓�`� ,Ave Ze IUBA U� s U Tar 4 4 Q9W& MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: David Sawyer, Planning Managers DATE: September 11, 2012 SUBJECT: CONDITIONAL USE PERMIT 2003-075 AMENDMENT 2 MILAN INSTITUTE EXPANSION Conditional Use Permit 2003-075 Amendment 2, which proposed the expansion of the Milan Institute Beauty School located at 47-120 Dune Palms Road, was approved by the Planning Commission on March 8, 2011. Condition of Approval #3 stated: 3. The Conditional Use Permit is to be re -visited to make sure the designated parking is adequate and has not impinged upon any of the neighboring retail businesses. This review shall occur in 18 months from the date of April 18, 2011, which is the beginning of the next class cycle.. As of September 11, 2012, the applicant has not expanded the use as proposed. Conditional Use Permit 2003-075 Amendment 2 included an expiration date of March 8, 2012. Consequently, another CUP application is required should the applicant express interest in moving forward with the proposed expansion in the future. Also, as the use was never expanded, the review of parking space sufficiency as stipulated by the aforementioned condition of approval is unneeded.